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05/02/1995
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: April 28, 1995 1. Attached is the monthly progress report from the Law Department. 2. Attached is correspondence from the Mayor to Randy Sampson, Canterbury Park regarding the Shakopee Showcase. 3. Attached is correspondence from the Mayor to Marilyn Hagerman, Mid-Festivals regarding their outstanding contributions to our community. 4. Attached is a memo from the City Clerk regarding elections. 5. Attached is information on the Net Tax Capacity and Rates Payable in 1995 - Scott County. 6. Attached are the March 6th minutes of the Shakopee Public Utilities Commission. 7. Attached are the April 6th minutes of the Board of Adjustment and Appeals and Planning Commission meetings. 8. Attached are the May 4th agendas for the Board of Adjustment and Appeals and the Planning Commission meetings. 9. Attached is the May calendar of upcoming meetings. 10. Attached is the May Business Update from City Hall. 11. Attached is the Police Newsletter for Council review. 12. Attached is the Monthly Project Report from the Assistant City Administrator. * 1 MONTHLY PROGRESS REPORT May 1995 LAW DEPARTMENT Civil projects are shown on this page. Separate charts showing prosecutions will be prepared and distributed at another time . Attached are pages showing the status of present litigation and claims against the City. This is a complete list . Usually I only report on active or interesting cases, but I thought you should have a complete list . For your information, in 1994 we received seven new lawsuits; in 1993 we received one; in 1992 we had two. Our number of claim letters has remained essentially constant, at three in 1994 and 1993 , and four in 1992 . Project Deadline Progress Comments EDA creation 4/95 Done Resolutions ready for the first EDA meeting. Personnel 5/95 Good Pending before the City handbook Council . NSP franchise 5/95 Good Franchise adopted by City Council; under review by NSP. 1995 City 5/95 Good Should be done shortly. Code update Difficulties with the computer delayed progress . Subdivision 12/95 Slow Held up for adoption of regulations comprehensive plan. Indian law 6/95 Slow Need to interview and hire attorney with Indian law expertise. Annexation 10/95 Begun New project to annex small areas surrounded by city. LITIGATION AND CLAIM UPDATE The following pages show the status of present litigation and claims against the City. This is a complete list . Usually I only report on active or interesting cases, but a complete list gives you the big picture . For your information, in 1994 we received seven new lawsuits; in 1993 we received one; in 1992 we had two. Our number of claim letters has remained essentially constant, at three in 1994 and 1993 , and four in 1992 . The most obvious common factor in these new cases is that a great number of them are without merit . Concluded litigation 1 . B & B v. City pawnshop license appeal : The City won. The City' s handling of Mr. Bell' s license application is being used by other municipal attorneys and our insurer as an example of the right way to handle a business application. Case filed in 1994 ; concluded in 1995 . 2 . Klug v. City: Claim against City for use of easement . City won case in early 1995 . Case filed in 1994 ; concluded in 1995 . Pending litigation 1 . Lebens & Link v. City case : Arguments on motions for summary judgment were held on March 29 . No decision yet . Case filed in 1994 . 2 . Lewis v. City age discrimination claim: We dismissed Ms . Lewis in a reorganization; her age was irrelevant . A response was filed with the Minnesota Department of Human Rights several months ago; no further communication has been received from them. Case filed in 1994 . 3 . Link v. City reimbursement claim: Link claims the City owes him for a water connection involved in a plat . Conciliation court hearing was on April 7 . No decision yet . Case filed in 1994 . 4 . Starks v. Minn. Police Recruitment System and City and Fields v. MPRS and City: Companion cases raising identical claims that the Plaintiffs were the subject of employment discrimination. The City has liability both individually and as an uninsured member of MPRS . Both cases are being vigorously contested. Financial loss likely to be limited to attorneys' fees, not anticipated to exceed $10, 000 . Case filed in 1993 . 5 . Jones v. MPRS : Case raising same issues as above case . Same attorney handling case. Loss anticipated to be included in above amount . Case filed in 1994 . 6 . Tronstad v. City: Personal injury claim for fall into hole. Our insurer has denied liability; loss likely limited to insurance deductible . Case filed in 1994 . 7 . Hammer v. City: Worker' s compensation claim being handled by our insurer. Injuries claimed to have occurred while employed in Shakopee should not result in recovery from the City. Case filed in 1992 . 8 . Sarazin Street condemnation: Case not filed yet; still attempting to acquire easements by agreement . Condemnation authorized in 1995 . 9 . Trout Unlimited claim: They are appealing the City' s granting of a wetland replacement plan application for the Ryans . The appeal is before the Board of Water and Soil Resources . Appeal filed in 1995 . Claim letter received; no litigation yet . 1 . Bell defamation claim: Although a claim letter was sent last fall, no lawsuit has been filed. Claim filed in 1994 . 2 . MPCA claim: Clean-up of Freeway Sanitary Landfill in Dakota County. Pre-litigation discovery begun to find responsible parties, then put on hold by MPCA. A 1994 statute may provide clean-up with the City' s cost limited to its insurance coverage . Loss likely limited to insurance deductible . Claim filed in 1994 . 3 . Ingerson claim: Car damaged after release from police impound lot . Our insurer has denied claim. No anticipated loss . Claim filed in 1994 . 4 . Kolsrud claim: Excessive force claim relating to an arrest in March 1994 . Claim appears groundless; our insurer is handling. Claim filed in 1995 . 5 . Smith claim: Yvonne Smith has submitted a claim letter relating police failure to protect her home. Claim appears groundless; our insurer is handling. Claim filed in 1995 . 6 . Isaacson claim: Forfeiture of property challenged. However, the forfeiture was handled by the county or by Prior Lake, not Shakopee . Our insurer is handling. Claim filed in 1995 . [2 4 MEMO3] -2- SHAKOPEE April 24, 1995 Randy Sampson Canterbury Park 1100 South Canterbury Road Shakopee, MN 55379 Dear Randy: On behalf of the City of Shakopee I want to thank you and the staff at Canterbury Park for allowing the City of Shakopee and our many community organizations access to your facility for the annual Shakopee Showcase held on Monday, April 17th. Once again, over 4 , 000 persons attended this years event . your facility has provided us with the opportunity to reach and inform Shakopee residents about the many activities and programs being offered in our community. Please extend our appreciation to Mr. Tom Brock and the other personnel at Canterbury Park for the assistance that they provided us in making this years Showcase a tremendous success . We look forward to working with you again next year. Sincerely, I i/ • Gary L. aurent ? alj111:41fr V 6 1, Mayor4 frij,i,, s� (14,,,,P GLL/tly ye -°- (,11,7 COMM[TN1T'PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 SHAKOPEE April 21, 1995 Marilyn Hagerman Director of Community Affairs Mid-America Festivals 1244 So. Canterbury Road, Suite #306 Shakopee, MN 55379 Dear Ms . Hagerman: On behalf of the City of Shakopee I want to thank you and the representatives from Mid-American Festivals for the outstanding contributions that your business has provided to our community. The Festival has provided many opportunities for local organizations to raise funds . Typically, these funds have been infused back into the community in a variety of ways . Most notably are the significant contributions that have been granted to the Shakopee Parks Department from the Shakopee Jaycees and Lion' s Club. Both organizations have successfully worked with Mid-America Festivals for many years . The majority of the facilities in both Lion' s Park and Tahpah Park have been funded with contributions made by these two organizations . Mid-America Festivals has also been an active participant in promoting Shakopee as a destination point for visitors . These efforts have served to enhance the economic vitality of our community. I look forward to the continued positive working relationship that has developed between the City of Shakopee, local community organizations and Mid-America Festivals . Sincerely, Gary L. Laurent Mayor GLL/tiv COwLMLNI "Y PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 #1-1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Re: Elections DATE: April 24, 1995 Beginning in 1995 the Shakopee School Board election will be held in November in conjunction with the City election as opposed to the 3rd Tuesday in May. The Shakopee School Board has chosen to implement the new law relating to uniform elections this year rather than waiting until 1998. For Shakopee voters, this means that they will vote at their regular precinct for both City Councilmembers and School Board Members on November 7th. Township residents will be voting elsewhere, yet to be determined. Filings for expiring City Council terms will be open beginning August 29th and will close at the end of the business day on September 12th. NET TAX CAPACITY AND RATES PAYABLE IN 1995 COUNTY OF SCOTT, MINNESOTA TAX MARKET TAX MARKET CAPACITY VALUE CAPACITY VALUE CITIES : **VALUATIONS RATE RATE SCHOOL **VALUATIONS RATE RATE Belle Plaine 1, 100 , 699 33 .432 Burnsville 6 , 029 ,618 80 . 708 Elko 103 , 376 44 . 189 Lakeville 2,510, 126 67 . 779 .05967 Jordan 838, 382 41 . 667 Bloomington 113, 391 59 . 300 New Market 86 ,236 63 . 685 Le Sueur 23, 300 77 . 157 New Prague 1, 641, 707 51 . 775 Henderson 10, 397 65 . 748 Prior Lake 7,010 , 859 36 .707 . 03508 Belle Plaine 2, 185,519 76 . 784 Rural 25 . 695 Jordan 2,519 ,407 71 . 350 Savage 7 , 174 , 863 29 . 862 Prior Lake 10, 993, 349 61 . 810 .06228 Shakopee 10, 033 , 358 25 . 245 Shakopee 11,077 , 160 71 . 179 Rural 12 . 622 New Prague 3, 204 ,531 62 . 745 TOWNSHIPS : SPECIAL DISTRICTS : Belle Plaine 394 , 945 10 . 281 HRA (Shak) 10, 307,221 . 909 BP Fire 304 ,243 2 . 235 HRA (Ex Shak) 27 , 798, 774 . 721 JDN Fire 6 ,203 7 . 335 Met Council 37 ,064,736 . 577 NP Fire 84 , 499 1 .574 Mosq Control 38 , 105, 995 . 405 Blakely 232 , 136 14 . 346 Met Transit Cedar Lake 1, 114 , 672 13 . 672 District 24 , 537 ,632 3 . 612 NP Fire 847 ,028 2 . 011 *Area 12 ,527 , 104 . 399 NM Fire 267 ,644 3 . 243 Lo MN Water 11, 945,805 . 330 Credit River 2 ,073, 197 10 . 244 PL-SL Water 8,265,461 2 . 195 Helena 733,074 11 .452 Cedar Lk Imp 436 ,312 . 929 JDN Fire 173, 916 2 . 145 Region 9 Dev 1, 041,259 . 206 NP Fire 559 , 158 2 . 002 Rec}ional RR 38, 105,995 . 268 Jackson 513, 092 2 . 074 Louisville 590, 275 3 . 471 COUNTY 38 , 105, 995 50 . 217 New Market 1,667 ,627 16 . 145 W/M/O 1,201,033 .200 CR Water 109 ,628 1 .216 *********** SC Water 356 , 966 . 373 Sand Creek 808,538 9 . 181 NOTES St. Lawrence 243,738 14 . 765 BP Fire 99 , 104 2 .542 *********** JDN Fire 144 ,634 2 .205 Spring Lake 2 , 027 , 147 10 . 345 * COUNTY EXCEPT PRIOR LAKE, SAVAGE, SHAKOPEE, NEW PRAGUE ** VALUES ARE ADJUSTED TAX CAPACITIES FROM TABLE X FOR TOTAL RATE ADD: COUNTY,CITY OR TWP, SCHOOL PLUS FIRE AND SPECIAL DISTRICT AS APPLICABLE Pf- G MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on March 6 , 1995 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Administrative Assistant Joe Adams , Manager Van Hout and Secretary Menden . Motion by Vierling, seconded. by Cook to approve the minutes of the February 6 , 1995 regular meeting as kept . Motion carried . Motion by Vierling, seconded by O' Toole to approve the minutes of the Committee of the Whole meeting held on February 3 , 1995 as kept by Judy Cox, City Clerk and Recording Secretary. Motion carried. BILLS READ: City of Shakopee 42 ,000 . 00 APPA 227 . 00 Alden Pool and Municipal Supply Co . 278 . 05 American Casting Mfg Corp. 237 . 60 ARAMARK 126 . 00 Aspen Equipment Co . 1 ,131 . 94 R .W. Beck and Associates 2 ,932 . 22 Big A Auto Parts 76 . 72 Border States Industries , Inc . 7 , 566 . 10 Burmeister Electric Co. 1 ,816 . 64 Business Essentials, Inc . 527 . 97 C & N W Trans . Co . 2 ,275 . 00 City of Shakopee 1 , 146 . 08 Clay' s Printing Service 156 . 55 Communication Auditors 4 . 85 Concept Collision Center. , Inc . 958 . 35 Cooperative Power Co. 43 , 929 . 95 DCA, Inc . 150 . 00 DUECO 1 ,745 . 95 Feed-Rite Controls , Inc . 1 , 319 . 34 Glenwood Inglewood 10 . 57 Graybar Electric Co. , Inc . 440 . 91 Hennen ' s ICO 13 . 71 High Voltage Testing Labs 105 . 29 Scott Hurd 208 . 03 IBM 143 . 00 Instrumentation Services , Inc . 36 . 93 Leef Bros . , Inc . 25 . 72 Ray LeMieux 118 . 20 M/A Associates , Inc . 50 . 82 McGrann Shea Franzen Carnival Straughn. and Lamb Chartered 239 . 87 Midwest Engine Service and Supply 751 . 53 Minnesota Department of Public Service 79 . 80 Minnesota Valley Testings Labs , Inc . 125 . 00 Motor Parts Service Co. , Inc . 4 . 09 Neenah Foundry Co . 1 , 322 . 73 Northern States Power Co . 439 , 398 . 72 Northern States Power Co . 579 . 39 Olsen Chain and Cable Co. , Inc . 920 . 09 Petersen-Wisdorf, Inc . 1 ,090 . 40 Precision Auto Collision Center 97 . 84 Pitney Bowes, Inc . 257 . 03 Reynolds Welding Supply Co . 4 . 47 S E H 7 , 200 . 00 Schilz Ornamental Iron 25 . 00 Schoell and Madson, Inc . 3 ,052 . 98 Sensus Technologies, Inc_ . 28 . 29 Shakopee Postmaster 5 ,000 . 00 Shakopee Public Utilities Commission 105 . 59 Southwest Suburban Publishing 624 . 15 Starks Cleaning Services 72 . 42 State Chemical Mfg Co. 174 . 28 Dean Struck 67 .80 T & R Service 1 , 584 . 00 Texwipe Co. 49 . 43 Transport White GMC, Inc . 892 .81 Lou Van Hout 54 . 94 Waste Management-Savage 78 . 13 WESCO 3 , 504 . 70 Yarusso' s Hardware Co. 50 . 16 Motion by Cook, seconded by Vierling that the bills be allowed and ordered paid. Motion carried. A communication from Judy Cox, City Clerk advising the Commission that Andy Unseth has been appointed to the Utilities Commission to fill the expired term of Jim Cook was acknowledged . A communication from Jon Albinson, Valley Green Business Park questioning 4 . 1 cents per square foot charge for Industrial Customers on Resolution #444 Setting Connection Charges was read. A discussion followed as to the rationale of the additional fee. The original studies that determined the rationale for the fee will be available for Mr. Albinson . Liaison Sweeney thanked Jim Cook for his years of service to the Utilities Commission from himself and from the Council . The agreements with St . Francis Regional Medical Center have now been signed by all. parties. The closing took place on March 2 . Our contractor, Keys Wells Drilling will begin work on the well in the immediate future . The delay in the signing of the agreements will delay the completion date. The specs for. the Pumphouse and Booster station will be done in time for the April meeting with the bid award in May, 1995 . A communication from John Baxter, hydrogeologist for Schoell and Madson was acknowledged. The letter presented information about determining nitrate contamination in wells 4 & 5 . The cost for analyzing the samples for nitrates will be approximately $800 . 00 . Motion by Vierling, seconded by O'Toole to authorize staff to oversee the collection. of 1 set of samples to determine if this type of sampling has the potential to provide information that is usable in determining the nitrate contamination. Motion carried. The Savage water supply issue was discussed. Actions that have been taken by the Shakopee Utilities are letters sent to the DNR requesting data on the wells in the aquifer below Shakopee and a letter drafted for signatures by the Mayor and Commissioner. Vierling. The second letter has not been sent to date. The Commission suggested. that the City Administrator and Manager meet to agree on common language. The Savage Water Task Force is continuing to meet . The Commission received data on static pumping levels for wells 4 through 8 for a ten year period from Art Young. Data will be placed on file for future reference. A preliminary copy of the Part II water study by Schoell and Madson was received and distributed to the Commission at the meeting. Ken Adolf went over specifics of the study. Motion by O' Toole, seconded by Vierling to approve the acceptance of the Phase II study by Schoell and Madson with the contingency that probable sites of future wells are identified . Motion carried. The alternate substation site acquisition status was discussed. A memorandum from Joe Adams regarding the acquisition was given to the Commission . The timetable of events since January 95 was listed on the memorandum. A request for an addendum to the purchase offer to include screening costs was received .. Manager Van Rout reported that he has asked Ken Favaro, R .W. Beck, to start work on the PAW and determine the RGU for the property . Motion by O' Toole, seconded by Vierling to approve an addendum to the purchase offer, specifically the screening plan as outlined by Connie Schmid on his attachment 3/2/95 . Manager Van Hout gave the Commission copies of goals for SPUC staff and 1995 Staff work plans . The Commission advised him to prioritize the top 4 or 5 goals and compare them to the Capital budget and come back with them at a future meeting. President Cook adjourned the meeting to executive session for the purpose of discussing purchase offer responses . The meeting was adjourned from executive session with no action taken. Joe Adams will be relaying to the owners that we would like some formal correspondence on the purchase offer prior to the next commission meeting. Motion by O' Toole , seconded by Vierling to offer Resolution #445 A Resolution Setting Water Connection Charges . Ayes : Commissioners : Vierling, Cook and O'Toole. Nayes : none . Motion carried. Resolution passed. Bids for single phase transformers and cable were reported to the Commission . There were two fire calls for twenty minutes for the month of February, 1995 . One lost time accident for meter reader, Dean Struck was reported for the month of February, 1995 . The next regular meeting will he held on April 3, 1995 at 4 : 30 P.M. in the Utilities meeting room. Motion by O'Toole, seconded by Vierling that the meeting be adjourned. Motion carried . Commission Sere ary: Barbara Menden OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota April 6, 1995 MEMBERS PRESENT: Mars, Joos,Madigan, Christensen,Bladow,Link,DuBois MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola,Planning Director Paul Bilotta, Senior Planner Terrie A. Thurmer, Assistant City Planner Dave Nummer, Staff Engineer Bruce Loney,Public Works Director L ROLL CALL Chairman Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. IL APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MARCH 9, 1995 MEETING MINUTES Page 13, Paragraphs 2 and 4 was amended to read "Mark Suel". The minutes were approved as amended. W. RECOGNITION BY BOARD OF ADJUSTMENTS AND APPEALS OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: CONTINUED FROM MARCH 9, 1995 MEETING. TO CONSIDER AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR FISCHER AGGREGATES Motion: Commissioners Joos/Bladow to continue to May meeting. Vote: Motion carried unanimously. VL ADJOURNMENT Chairman Mars adjourned the meeting at 7:34 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee,Minnesota April 6, 1995 MEMBERS PRESENT: Mars, Joos,Madigan, Christensen,Bladow,Link,DuBois MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola,Planning Director Paul Bilotta, Senior Planner Terrie A. Thurmer,Assistant City Planner Dave Nummer, Staff Engineer Bruce Loney,Public Works Director L ROLL CALL Vice Chairman Joos called the meeting to order at 7:34 p.m. Roll call was taken as noted above. H. APPROVAL OF AGENDA The Agenda was approved as presented. III.APPROVAL OF MARCH 9, 1995 MEETING MINUTES "Chairman Mars" changed to"Commissioner Mars". The minutes were approved as amended. IV.RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Item 7 was removed from the Consent Agenda by Commissioner DuBois. VI.PUBLIC HEARING: CONTINUED FROM MARCH 9, 1995 MEETING- TO REVIEW THE SHAKOPEE COMPREHENSIVE PLAN AND TO RECEIVE ANY PUBLIC TESTIMONY. Superintendent of Schools, Bob Ostlund, reviewed a map which showed the Shakopee School District which at one time encompassed all of the Shakopee and Burnsville school districts. He gave a background on why the boundaries were set where they now exist. Minutes of the Page 2 Shakopee Planning Commission April 6, 1995 Ostlund discussed the school district situation now and in the future and the prospect of changing boundaries. He explained that although it is fairly complicated, it can be done in two ways. Every landowner in the section concerned must petition for a change in school districts. The Burnsville school board would then have to give their approval for that to occur. He discussed the difficulty of this happening. He stated that only two boundary changes have taken place in the last twenty years through legislative action. Long term bonded debt would remain with the property owners rather than the original school district. Ostlund stated that he met with the Superintendent of Schools of the Burnsville schools who indicated that they would not be in favor of this proposal, but a trade might be a possibility. Ostlund reviewed how such a trade would impact the Shakopee property owners. There would be a net gain of over $16,000,000 to Shakopee and a net gain of over$540,000 in tax capacity. Property taxes would only decrease approximately$8.00 annually. He explained why the decrease would be so minimal. He discussed how school funding is determined. He noted that the amount of state aid would be lowered with such a land swap. Ostlund reviewed a map which showed the Shakopee Crossing area. A portion is in the Burnsville school district or a proposed $35,000,000 in commercial and industrial development. Only a portion of a proposed regional shopping center would be in the Shakopee school district. He reviewed the market value increases to Shakopee if a trade occurred. A$200,000 home would realize a $9.72 increase. The bottom line is that changes in boundaries do not have major impacts. He reviewed the projected new student revenue from the Savage area of the Shakopee school district. Total revenue from the projected 350 new students would be approximately 1.4 million dollars annually in revenue. He believed that it would not make any sense to pursue a boundary change. In response to a question from Mars, Ostlund explained that the commercial would have a negligible impact on property taxes. DuBois asked if changes in funding would affect the city. Ostlund stated that it would appear that the legislature appears to be headed in the direction that would make a boundary change even a lesser issue than it is now. Ostlund was thanked for his explanation of the impacts of a boundary change to the city. Joos opened the public hearing. David Brown, 1227 Pioneer Lane thanked the Planning Commission for giving the time to examine the issues and have this presentation. Steve Schwanke, RLK Associates noted the location of the two primary staging areas being recommended by the Comprehensive Plan. He noted that a primary issue is infrastructure. While it is important as part of a land use plan, it is critical to also take a look at what the land use criteria are. He noted that there are three primary infrastructure Minutes of the Page 3 Shakopee Planning Commission April 6, 1995 components-water, sanitary sewer, and roads. Water supply can be provided equally and efficiently to the staging areas. Roadways could also be provided as efficiently and equally to the staging areas. The concern was with the trunk sanitary sewer. There is a large difference between the staging areas. He discussed charges for trunk sanitary sewer service in the staging areas. The city has justification for bringing in services to the areas where it is cost effective. He stated that the sanitary sewer service in the staging areas is skewed because of the city's assessment policies. He reviewed an exhibit which showed some of the proposed trunk sanitary sewer lines. One of the major issues in the Cherne/Brown area is that the cost per acre exceeds the city's charge per acre. He believed that developers should be allowed to contribute the difference between the average price and the price that it actually costs. Schwanke stated that we need to focus on land use issues. He believed that this is the most difficult thing to change once it is in place. He reviewed a map which showed land uses throughout the city. Schwanke also reviewed a map which showed where public uses and facilities are located throughout the city. Schwanke reviewed access to the core of the community from the Cherne/Brown staging area. Access is much more difficult from the staging area K. He recommended that staging areas G and H be considered first because of their proximity to the city core. He explained why area G was selected. Motion: Commissioners MarsBladow to close the public hearing. Vote: Motion carried 6-1. Motion: Commissioners Madigan/DuBois to recommend approval of the Comprehensive Plan to the City Council. Discussion: In response to a question from Mars, the Staff Engineer reviewed cost differentials. He explained that this is a new fund to pay for trunk services. He discussed the City Council's desire to keep funds on hand to pay for future replacements, reconstruction, and maintenance. He noted that a policy revision at the City Council would be needed to consider developers' participation. DuBois asked if developers pay as they go or are assessed over a number of years, Nummer replied that there has been a change from an assessment to a fee that is due upon filing of the final plat. He explained that areas are not assessed until they are developed. In response to a question from DuBois, The Staff Engineer discussed the reasoning behind not extending services into undeveloped areas. He noted that property would develop as the MUSA becomes available. Minutes of the Page 4 Shakopee Planning Commission April 6, 1995 The Senior Planner stated that property owners would not be open to paying a double or triple assessment if there should be a policy change. Christensen asked if there is anything being done to assure that downtown can remain viable in light of the fact that the Bypass exists. The Senior Planner stated that the downtown planning efforts began prior to the comprehensive plan. He noted that the difficult work has been done. He noted that a downtown riverfront design study will be done. He believed that the Comprehensive Plan addresses these issues. New zoning districts could also be developed, and zoning in the downtown area will be looked at within the next year. Christensen asked if the city has some control that would keep our vision for the downtown intact as the city expands outward. The Senior Planner stated that we do have a lot of capability with zoning. Uses can be limited from other commercial districts which may be more appropriate for the downtown area. He discussed uses which might be detrimental to the downtown area. He stated that there are potentially significant areas of control. The Planning Director stated that there have been significant commitments by the city to redevelopment of the downtown area. He also noted that the City Council's development of the trunk sewer policy. Mars noted that this process was slowed down for review by the Browns. He asked why staff believes that area K should be staged and to also state why the Brown's area would not be a choice. The Senior Planner noted that the sanitary sewer issue is a major concern. The City Council noted that the cost of infrastructure is a major issue. He discussed a desire to consider larger lot developments. The East Dean's Lake was considered because of the number of existing natural amenities while other areas are in agricultural uses without natural features. Another consideration is the excess amount of vacant industrial land at the present time. The Senior Planner noted that the Met Council has indicated that there will not be an industrial MUSA expansion in Shakopee until after the year 2040. This would mean that the 900 acres of industrial would be a big"hole" in the city. He believed that the industrial uses are not compatible with the natural features out there. He stated that the area of the Shakopee Jackson Coalition is not an undesirable area to build in. He discussed providing services to the east vs. the west County Road 17 and why the east side was chosen. Mars asked how staff viewed the water and the roadway aspects of the RLK representative's presentation. The Senior Planner noted that the staging areas are relatively the same. On the East Dean's Lake area, the roadway system will have County Roads 18 and 21 coming through eventually. There is nothing on any of the sites that indicates a problem with developing that he is aware of. Vote: Motion carried unanimously. The Planning Commission recessed for a short time. Minutes of the Page 5 Shakopee Planning Commission April 6, 1995 VII. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF ARLINGTON RIDGE 1sT ADDITION, LOCATED AT THE WEST END OF EXISTING 13TH AVENUE The Assistant Planner reviewed an application from James Development for the final plat of Arlington Ridge 1°`Addition. She noted that the site plan has been revised for Lots 1 and 2. However, the new site plan will not change the lot lines. She stated, however, that an additional condition should be added: 4. The following actions shall be completed prior to the issuance of a Certificate of Occupancy: A. A Certificate of Occupancy shall not be issued for Lot 2, Block 1 until the developer constructs the proposed private road to connect Lot 2 to 13th Avenue, or until Taylor Street is constructed and a second connection to Taylor Street is constructed B. A Certificate of Occupancy shall not be issued for Lot 1, Block 1 until Taylor Street is constructed and connections to both 13th Avenue and Taylor Street Motion: Commissioners Mars/Link to recommend approval of the final plat of Arlington Ridge 1'`Addition, subject to the following conditions: 1. Approval of the Final Plat is contingent upon the following: A. The developer shall dedicate a permanent access easement agreement to ensure access to Lot 2 from Taylor Street. This document shall be reviewed and approved by the City Attorney prior to being recorded by the Scott County Recorder's Office. 2. The following must be completed prior to the approval of the Final Plat by the City Council: A. Final construction plans for all public improvements shall be approved by the Engineering Department. If a portion of Taylor Street is constructed by the developer,the approval of these Final Construction Plans by the Engineering Department will also be required. B. Stormwater Management Plans shall be approved by the Engineering Department. 3. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. Minutes of the Page 6 Shakopee Planning Commission April 6, 1995 4) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer shall end the construction of Taylor Street 100 feet before the southwest edge of the plat, and the City will construct this remaining portion of Taylor Street. The developer shall be responsible for their share of the assessments for Vierling Drive, as per the City's Assessment Policy. 6) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign(2 signs x$250=$500). 7) Park dedication fees shall be collected in lieu of the dedication of park land. C. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Storm Water Permit for the proposed subdivision. D. The applicant shall provide the following revisions to the Final Plat: 1) A signature block shall be provided for the County Surveyor's signature. 4. The following actions shall be completed prior to the issuance of a Certificate of Occupancy: A. A Certificate of Occupancy shall not be issued for Lot 2,Block 1 until the developer constructs the proposed private road to connect Lot 2 to 13th Avenue, or until Taylor Street is constructed and a second connection to Taylor Street is constructed. B. A Certificate of Occupancy shall not be issued for Lot 1,Block 1 until Taylor Street is constructed and connections to both 13th Avenue and Taylor Street Discussion: Mars stated that he is uncomfortable with the changes taking place without having a copy of the changes in front of him. He asked if the final plat is being approved as originally proposed or the plans of the downsize. The Assistant Planner replied that the City Council did approve a plan for 144 units. The applicant would like to scale it down which would result in less of an impact. She noted that a drawing was submitted for staff review. Individual plats have not been provided. The Planning Director stated that what is being reviewed is a division of land. The preliminary plat has already been reviewed. To lock in the use would not be appropriate, because this is a land division. DuBois stated that she has problem with going forward with approving a final plat when she doesn't have a copy before her. The Assistant Planner noted that the final plat has not changed; the site plan is what has been changed. Joos noted that changes are not affecting the final plat. He asked if The Staff Engineer is comfortable with drainage and other issues on the final plat. Nummer stated that changes Minutes of the Page 7 Shakopee Planning Commission April 6, 1995 from 24-unit to 16-unit buildings don't have any impact on the infrastructure. He noted that he is requesting final plans prior to City Council approval. He stated that there should be a condition in place that stormwater management plans need to be reviewed and approved by the City Engineer. From an engineering standpoint, he was comfortable with the proposal. Amended Motion: Commissioners Mars/Christensen to recommend that a condition be added that the stormwater management plan must be approved by the city's Engineering Department prior to City Council approval. Discussion of the Amendment: No discussion on the amendment. Vote: DuBois voted against the motion. Motion carried 5-1-0. Madigan abstained from voting. Discussion of Original Motion as Amended: Link asked what The Staff Engineer meant by the changes being aesthetic. The Staff Engineer explained what was meant by aesthetic. DuBois asked if modifications are looking at the building and the site plan. The Assistant Planner explained that a final plat is looking at the land division. All other issues are reviewed at the preliminary plat submission. Christensen stated that her issue has always been one of density. She asked if there is control over the down area why control is lost when something is zoned multiple residential. She asked what kind of controls there are relating to density. She asked if there is anything that can be done in terms of zoning to look at density. Joos stated that this has been reviewed through the zoning ordinance update as well as the Comprehensive Plan. He noted that there is a need for high density zoning in the community. Christensen stated that her concern is not whether or not the city should have multiple residential but how many units there can be. Joos replied that there is control in the zoning ordinance. It was determined at the time of review of the zoning ordinance that this area was appropriate for multiple residential. The Senior Planner stated that there is a density requirement in the zoning ordinance update. One of the key concerns with density is planning ahead for infrastructure. It is the Engineering Department's concern that the density be followed as indicated in the Comprehensive Plan. Bladow stated that the zoning issue is not the issue before the Planning Commission. DuBois asked what the required parking including the garages for the 112 units. The Assistant Planner replied that two parking stalls per unit are required. The requirement does not changed based on the number of bedrooms per unit. Minutes of the Page 8 Shakopee Planning Commission April 6, 1995 The Assistant Planner stated that the density has been reduced to 9.88 units per acre. Vote: Motion carried. Madigan abstained from voting. VIII. PUD CONCEPT REVIEW: CANTERBURY DOWNS The Assistant Planner stated that the applicant is requesting that the Planning Commission review the PUD concept prior to their submission of their application. The PUD review process with the new zoning ordinance requires applicants to submit plans for Planning Commission review prior to the submittal of an application. No major building changes are proposed. The applicant has listed several uses which are more specific. The formal application will be reviewed at the meeting in May. Bruce Malkerson, attorney for the applicant was present to answer questions from the Planning Commission. Mars discussed his concern about uses proposed being too general and may be too wide open. Malkerson stated that uses similar to the above would refer to those indicated in the zoning ordinance. He clarified his meaning. An example would be doing an activity for the police and a similar activity for the fire fighters. Christensen questions items 33 and 34 relating to storage. She was concerned with what the intent was. Malkerson noted that outside storage had been approved previously by the city. Christensen asked what control the city would have relating to what the storage could look like. The Planning Director stated that there are performance standards in the zoning ordinance which regulate appearance. He stated that the language could be provided at the next meeting. Mars asked for staff comments on similar uses. The Assistant Planner stated that with the actual application, this could be refined more. Malkerson stated that the intent is to sit down with staff and refine the proposal more following this meeting. The Planning Director noted that staff is open to a meeting with the developer relating to this issue. He explained the future timeline for this proposal. Malkerson discussed #24 relating to music and historical activities at the site involving music. Joos discussed the lack of control with music activities. He was more inclined with allowing staff to review each occurrence and bring it back to the Planning Commission if deemed necessary. DuBois asked what control factors exist for problem situations. The Planning Director explained that the applicant must meet noise standards as well as several other criteria. The Planning Director discussed the need for a brief refresher on the new zoning ordinance and PUD process. Minutes of the Shakopee Planning Commission Page 9 April 6, 1995 the uses at this site to make it a Mars stated that there is an opportunitylike to moves lowly on this proposal and go from viable use. He stated that he would there. DuBois concurred with Joos' suggestion that staff review any special uses planned. IX. PUBLIC HEARING: TO CONSIDER NO.AMENDMENTS CII TO THE ON ORDINANCE TEXT (ORDINANCE377) JUNE 7, 1994. Joos opened the public hearing. The Planning Director reviewed zoning ordinance text changes proposed. He defined non-conforming use for the benefit of all those in attendance. He reviewed Type A and Type B non-conforming uses. The text is working toward non-intensification of non- conforming uses. In response to a question from Christensen, The Planning Director stated that this is a common sense amendment. Madigan corrected a typographical error under"discussion" from"increased"to"increases". Motion: Commissioners Mars/Bladow to close the public hearing. Vote: Motion carried unanimously Motion: Commissioners Mars/Bladow to recommend approval of the zoning ordinance text amendments. Vote: Motion carried unanimously. X. OTHER BUSINESS A. Long Range Planning Work Program The Planning Director reviewed the long range planning work program. He noted that target dates indicated are intended to be a guide. John Albinson stated that it may be appropriateComprehensiveePlanalvision regulations HHe was concernedone prior to the approval by Met Council of the because of the number of new plats he believed would be coming in for review following the comp plan approval. Motion: Commissioners Mars/Bladow seconded to approve the long range planning work program. Minutes of the Page 10 Shakopee Planning Commission April 6, 1995 Discussion: The Planning Director discussed the number of regulations, ordinances, etc. that will need to be revised or in place. He stated that priorities would be assigned rather than starting or completion dates. Vote: Motion carried unanimously. B. Joos congratulated the Senior Planner on his new position as Economic Development Coordinator. The Senior Planner discussed the areas in the city where he will begin his focus in his new position. XI. ADJOURNMENT Chairman Mars adjourned the meeting at 10:10 p.m. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN May 4, 1995 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the April 6, 1995, Meeting Minutes 4. Recognition by Planning Commission of Interested Citizens. 5. Approval of Consent Agenda- (All items listed with an asterisk(*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). *6. To consider the Vacation of a drainage and utility easement located along the lot line between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition. Applicant: Shakopee Valley Printing, Inc. 7. 7:30 P.M. Public Hearing: To consider the Planned Unit Development of Canterbury Park Holding Corporation. Applicant: Canterbury Park Holding Corporation 8. 7:35 P.M. Public Hearing: To consider the preliminary plat of Market Place 2nd Addition, located west of Market Street and North of Fifth Avenue. Applicant: Klingelhutz Development Company 9. Other Business a. b. f 10. Adjourn Terrie A. Thurmer Assistant City Planner Note to Planning Commission Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (g:\msoffice\winword\shelly\agenda\may4.pc) tt-g TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,MN May 4, 1995 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of April 6, 1995, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing_ To consider an application for a twenty foot variance to the 30 foot setback for Amoco Oil Co. for a new canopy. Applicant: Amoco Oil Co. Action: Resolution No. PV-717 6. 7:35 P.M. Public Hearing: Continued from April 6, 1995,meeting. To consider an amendment to a Conditional Use Permit for Fischer Aggregates. Applicant: Fischer Aggregates Action: Resolution No. PC-713 7. Other Business a. b. 8. Adjourn Terrie A. Thurmer Assistant City Planner Note to the B.O.A.A.Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (g:4nsoffice\winword\shelly\agenda\may4.boa) CO c CO z 0 D K3 a V 4 fD CD0 o 0 3 w m -LI v n n "o 0) O toZ < m v C 0 a = n D-C a co N N co) -.. 0 V X V 0 v O p fD p 0 p c O <. O c O n• -0 * M n. 0 v7 0 C _ m a D 0 -< W N -a O W C) to N 0 0 3 < W O O C0 3 r 3 m 3 0 D W N " -a -a A V O W O v 3 o W O • 'o Co' K I cn 5. m C z v X c cn _. 0 s D co N " -a U) CO -a A ii 0 D N " -a Q) co N U) CO D C — X CO S N o -a r 1 V O W 0) V , LD BUSINESS UPDATE FROM CITY HALL Volume 9 No. 5 Dear Chamber Member: May 1, 1995 City Clerk Engineering/Public Works On April 4th, the City Council adopted resolutions The construction season has begun for the Shakopee of appreciation for Jim Cook for serving on the Engineering Department. Projects under Shakopee Public Utility Commission for over 12 construction are Sarazin and Roundhouse Streets years and for Bob Tomczik for serving on the Park between 4th Ave. and C.R. 16., Prairie Bend and Recreation Advisory Board for over 5 years. Development also located between 4th Ave. and C.R. 16, Homestead Ridge 2nd Addition located On April 4th, the City Council adopted a resolution South of Vierling Drive and East of C.R. 79, and of special commendation to Gerald Dircks for his Meadows West 1st Addition located South of the 21 years of service as an employee of the City of Senior High School and West of C.R. 79. The Shakopee until his retirement on March 31, 1995. Downtown Alley Project which includes the under grounding of the overhead electric lines is scheduled to begin the first week of May. The Engineering CommunityDevelopment Department will be asking City Council at their P May 16th meeting for permission to advertise for bids for the construction of streets and utilities On April 4, 1995 the Shakopee City Council South of the High School. A public hearing for the approved the allocation of approximately $500,000 improvements of Fuller Street from 10th Avenue from the tax increment fund to finance a portion of South to the new 101 Bypass has been scheduled for the Downtown Alley Improvement Project. The May 16th. If City Council decides to proceed with project will include undergrounding overhead utility this project, construction will begin this year. lines in the downtown area. The project also includes reconstruction of the alleys. The project is scheduled to commence in early May. Park and Recreation This past month the Shakopee City Council On April 24, 1995 the Shakopee Park and approved the City Comprehensive Plan. The Recreation Advisory Board held an informational comprehensive plan has been forwarded to the meeting with the local athletic associations. The Metropolitan Council for their review. The meeting focus was redirected and an extensive comprehensive plan setsforth long range discussion ensued on non-resident fees. Over the development patterns for the City of Shakopee. next month Shakopee staff will be working with Most notably the plan identifies those areas where representatives from Jackson, Louisville and the expansion of City water and sewer services will Sandcreek Townships to review the non-resident fee occur over the next two decades. Metropolitan structure presently in place. A determination will Council approval is not expected until this Fall. be made whether or not the current non-resident fee structure should be maintained or amended. Planning In an effort to more effectively communicate with ee residents how athletic fees are BOAA Meeting 04-06-95 Shakopee Fischer Aggregates Amendment to CUP Con't to 5/4 determined, the Park and Recreation Advisory Board also requested staff to contact each athletic PC Meeting 04-06-95 association. Each association is being requested to City of Shakopee Comprehensive Plan Rec. Approval submit an annual budget to the Park and Recreation Arlington Ridge 1st Final Plat Rec. Approval Advisory Board detailing how athletic registration Canterbury Downs PUD Concept Review No Action of Shakopee does City of Shakopee Amendments to the new fees are determined. The City P Zoning Ordinance (Ord. No.377) Rec. Approval collect a $13.00 participant fee for each seasonal youth athletic activity sponsored by local athletic Other Business: associations. In addition to the $13.00 participant Long Range Planning Work Program Approved fee, associations determine an additional amount that they need to effectively operate their program. Congratulations to Mr. Bilotta on new position as Economic Development Coordinator for the City of Information collected through this process will be Shakopee. utilized to inform and respond to resident inquiries. Police Development of plans and specifications for the Officer Tom Crocker spoke to a class designed Shakopee Civic Center Project continues. City for first time adolescent alcohol and drug Council has awarded bids on several of the project offenders. This class is designed to provide components. At this point, bids received have been juveniles and their parents with general under the construction manager's estimate. Site information about the dangers of alcohol and drug development is expected to occur in early May use and potential consequences. with grading and excavation. A formal ground breaking ceremony has been scheduled for late Officer Barney Clark participated in the Scott May. County Child Abuse Prevention Radio-A-Thon, a 24 hour event to raise funding to promote the In a related matter, staff is in the process of prevention of child abuse. The Radio-A-Thon developing a staffing plan and user fee policies for was held on April 6th and 7th on KCHK Radio. the facility. The ice arena completion date is on Barney DJ'd for 27 hours and the event raised track for early to mid November. The entire approximately $6,800. facility is expected to be complete by December 31st. Monthly Project Report - Submitted by Barry Stock April 27, 1995 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% Intern Project 2 . AWAIR Program ? ? 0% Intern Project 3 . Perform Employee 11/1 6/1 50% Evaluations 4. City Residents Guide 12/15 7/1 40% 5. Complete steps to 8/21 3/1 100% create Econ. Dev. Auth. 6. Complete Contract Negotiations a. Sergeants 11/9 ? 0% b. Police 2/8 ? 50% c. City Hall 12/9 ? 80% 7 . Develop Employee Training 2/1 3/15 0% Program 8. Community Center Process 1993 1995 10% Bldg. Issues/Staffing/ Equip./Policies 9. Blocks 3 and 4 3/15 6/15 30% Appraisals 10. Dial-A-Ride Contract 2/1 3/31 100% SW Metro Agreement 11. Van Pool Contract 12/14 3/1 100% 12 . City Newsletter 1/30 4/15 100% Issue #1 13 . Neighborhood Meeting 1/17 5/1 25% Concept 14 . Admin. Policy RE: Common 12/21 4/15 10% Sewer/Water Line for Condominium Units 15. Fill EDA Position 2/7 3/7 100% 16. Non-Resident Fee Issues 4/1 6/1 25% 17. 1995 Pool Maint. Issues 4/1 6/1 10% 18. Planning Dept. Staffing 4/24 5/24 0% TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting May 2, 1995 1 . Roll Call at 7 : 00 P.M. 2 . Oath of Office 3 . Election of Officers - Res . No. 95-1 4 . Adoption of By-Laws - Res . No. 95-2 5 . TIF Plan Amendment - Verbal Update 6 . Other Business a) b) 7 . Adjourn to May 16, 1995 Dennis R. Kraft Executive Director Epc * 3 TO: Dennis R. Kraft, City Administrator Karen Marty, City Attorney FROM: Gregg Voxland, Finance Director RE: EDA Bylaws DATE : May 2 , 1995 After reviewing the proposed bylaws for the EDA, there appears to one remaining significant administrative problem. As proposed, the President is required to sign checks for the EDA. If the Mayor is also the President, the problem can be resolved and present financial processing procedures remain unchanged. If the President is different than the Mayor, it appears that the a separate checking account, check stock, and bill processing will be needed. This will add to the administrative cost and work load. Another side point is the bond to be furnished for the Treasurer. Current city employee bonding is at $50, 000 per Council direction. The EDA Treasurer would need to furnish a $300, 000 bond. 43 MEMORANDUM TO: COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY FROM: Karen Marty, City Attorne t DATE : March 30, 1995 RE : Election of Officers BACKGROUND: New officers need to be elected for each of the positions on the Economic Development Authority board. All of these positions are mandated by statute. By statute, the offices of Secretary and Assistant Treasurer need not be held by an EDA Commissioner. You may want to assign staff to these positions . Anticipating that you might, the expiration of those positions has been worded differently than that of the positions of President, Vice President, and Treasurer. If you desire to appoint Commissioners to one or both of those positions, the resolution should be revised accordingly. ALTERNATIVES : 1 . Elect officers, and adopt Resolution No. 95-1 . 2 . Amend Resolution No. 95-1 to change the terms of office of Secretary and Assistant Treasurer, elect officers, then adopt Resolution No. 95-1 . RECOMMENDED ACTION: Elect officers, then move to adopt Resolution No. 95-1 . RESOLUTION NO. 95-1 OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, ELECTING OFFICERS . WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota has been created; and WHEREAS, officers now need to be elected. NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That in accordance with the Resolution creating the Economic Development Authority For the City of Shakopee, Minnesota, and the By-laws of the Economic Development Authority, the Board of Commissioners of the Economic Development Authority hereby elects the following individuals to the indicated offices : President : Vice President : Secretary: Treasurer: Assistant Treasurer: The terms of office of the President, Vice President, and the Treasurer shall expire on the date of the annual meeting of the Board in 1996 . The terms of office of Secretary and Assistant Treasurer shall expire upon action by the Board to elect another person to fill the office or otherwise modify the term of that office. Passed in session of the Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1995 . President Attest : Secretary MEMORANDUM TO: COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY FROM: Karen Marty, City Attorneel DATE: March 30 , 1995 RE: Adoption of By-Laws BACKGROUND: Staff has prepared draft by-laws for the operation of the Economic Development Authority. To a large extent, these are taken from statutory requirements . Where possible, they also were made consistent with the old Housing and Redevelopment Authority by-laws . One addition made by staff was the creation of a Deputy Executive Director position. From time to time the question has arisen as to whether the Assistant City Administrator could act in the place of the Executive Director of the HRA when the Executive Director was absent . This addition will eliminate that issue . ALTERNATIVES : 1 . Adopt Resolution No. 95-2 , adopting by-laws . 2 . Amend the draft by-laws, then adopt Resolution No. 95-2 . 3 . Do not adopt by-laws . RECOMMENDED ACTION: Move to adopt Resolution No. 95-2 , adopting by-laws . [30EDA] RESOLUTION NO. 95-2 OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING BY-LAWS . WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota, has been created; and WHEREAS, the Economic Development Authority now desires to adopt By-Laws to govern its operation. NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the By-Laws Of The Shakopee Economic Development Authority, attached hereto as Exhibit A, are hereby adopted. Passed in session of the Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1995 . President Attest : Secretary [30EDA] BY-LAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA I . Authority. 1 . Name . The legal name of the Authority is The Economic Development Authority for the City of Shakopee, (hereinafter the EDA) , and its governing body shall be called the Board of Commissioners (hereinafter the Board) . 2 . Office . The principal office of the EDA shall be at City Hall, 129 S . Holmes Street, Shakopee, MN 55379 . 3 . Seal . The EDA shall have an official seal . II . Organization. 1 . Officers . The officers of the Authority shall consist of a President, a Vice President, a Secretary, a Treasurer, and an Assistant Treasurer. The President, Vice President, Treasurer, and Secretary shall be elected annually. A Commissioner may not serve as President and Vice President at the same time . The offices of Secretary and Assistant Treasurer need not be held by a Commissioner. 2 . President . The President shall reside at all meetings of the Board. 3 . Vice President . The Vice President shall preside at any meeting of the Board in the absence of the President and may exercise all powers and perform all responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. 4 . President Pro Tem. In the event of the absence of inability of the President and the Vice President at any meeting, the Board may appoint any remaining Commissioner as President Pro Tem to preside at such meeting. 5 . Treasurer. The Treasurer shall (1) receive and be responsible for EDA money; (2) be responsible for the acts of the Assistant Treasurer; (3) shall disburse EDA money by check only; (4) shall keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements; and (5) shall file the EDA' s detailed financial statement with its Secretary at least once a year at times set by the EDA. 6 . Assistant Treasurer. The Assistant Treasurer may exercise all powers and perform all responsibilities of the Treasurer if the Treasurer cannot exercise or perform the same due to absence or other inability. 7 . Secretary. The Secretary shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the EDA. The Secretary also shall have such additional duties and responsibilities as the Board may from time to time by resolution prescribe . In the absence or inability of the Secretary to act, the Commissioners attending the meeting may elect a Secretary Pro Tem to act in the place of the Secretary. 8 . Election of Officers . Officers shall be elected at the annual meeting immediately after the roll call and approval of the minutes of the previous meeting or meetings . Officers shall take office immediately, and shall hold office until the election and qualification of his or her successor. In the case of vacancy occurring in an office, it shall be filled by election for the unexpired term at any regular or special meeting of the EDA. 9 . Executive Director. The Executive Director of the EDA shall be the City Administrator of the City of Shakopee . Such person shall serve as the chief appointed executive officer of the EDA, and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe . 10 . Deputy Executive Director. The Deputy Executive Director of the EDA shall be the Assistant City Administrator of the City of Shakopee . Such person may exercise all powers and perform all responsibilities of the Executive Director if the Executive Director cannot exercise or perform the same due to absence or other inability. 11 . Employees . The EDA may hire such employees as it may require, and determine their duties, qualifications, and compensation. III . Procedures . 1 . Annual Meeting. The annual meeting of the Board shall be held at 7 : 00 p.m. on the first Tuesday in January of each year. 2 . Regular Meetings . The Board shall hold regular meetings on the first Tuesday of each month of each year, commencing at 7 : 00 p.m. , or at such other time as the Board may determine . 2 3 . Special Meetings . Special meetings of the Board may be called by any two Commissioners or by the Executive Director. The Executive Director or the Secretary shall post notice of any special meeting in the principal office of the EDA no less than three days prior to such special meeting. 4 . Quorum. A quorum shall consist of three Commissioners . In the absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board or the EDA. 5 . Adoption of Resolutions . Resolutions of the Board shall be deemed adopted if approved by at least three Commissioners . Resolutions may but need not be read aloud prior to vote taken thereon. 6 . Rules of Procedure. The meetings of the EDA shall be governed by the most recent edition of Robert' s Rules of Order. IV. Finances . 1 . Checks . An EDA check must be signed by the President and the Treasurer. The check must state the name of the payee and the nature of the claim for which the check is issued. 2 . Financial Statement . The EDA' s detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA' s credits and assets, and its outstanding liabilities in a form required for the financial statements of the City of Shakopee . The EDA shall examine the statement together with the Treasurer' s vouchers . If the EDA finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records . 3 . Audit . The financial statements of the EDA must be prepared, audited, filed, and published or posted in the manner required for the financial statements of the city. The financial statements must permit comparison and reconciliation with the city' s accounts and financial reports . The report must be filed with the state auditor by June 30 of each year. The auditor shall review the report and may accept it or, in the public interest, audit the books of the authority. 4 . Budget . Annually, at a time designated by the City Council, the EDA shall send its budget to the City 3 Council . The budget shall include a detailed written estimate of the amount of money that the EDA expects to need from the City to do EDA business during the next fiscal year. The needed amount is what is needed in excess of any expected receipts from other sources . V. Miscellaneous . 1 . Fiscal Year. The fiscal year of the EDA shall be the same as the fiscal year for the City of Shakopee. 2 . Treasurer' s Bond. The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties . The bond must be approved as to form and surety by the EDA and filed with the Secretary. The bond must be for twice the amount of money likely to be on hand at any one time, as determined at least annually by the EDA, provided that the bond must not exceed $300, 000 . 3 . Annual Report . Annually, at a time and in a form fixed by the City Council, the EDA shall make a written report to the City Council giving a detailed account of its activities and of its receipts and expenditures during the preceding calendar year, together with additional matters and recommendations it deems advisable for the economic development of the city. 4 . Services. The EDA may contract for the services of consultants, accountants, and others as needed to perform its duties and to exercise its powers . The EDA may use the services of the City Attorney or hire a general counsel, as determined by the Authority. 5 . Purchasing and Facilities . The EDA may purchase the supplies and materials it needs . The City may furnish offices and space, stenographic, clerical, engineering and other assistance to the EDA. 6 . Execution of Contracts . All contracts, notes, and other written agreements or instruments to which the EDA is a party or signatory or by which the EDA may be bound, shall be executed by the President and the Executive Director. 7 . Amendment of Bylaws . These bylaws may be amended by the Board by majority vote of all Commissioners, provided that any such proposed amendment first shall have been delivered to each Commissioner at least five days prior to the meeting at which such amendment is considered. [24EDA] 4 Zoe y MEMORANDUM TO: CHAIR AND COMMISSIONERS OF THE EDA FROM: Karen Marty, City Attorney DATE : May 2 , 1995 RE : By-Laws Attached is a revised set of the draft By-Laws . After the packet was sent to you, three errors were noted: 1 . It was not clear that the EDA can delegate powers as appropriate . To resolve this, I have inserted a new paragraph 8 . Redundant language in paragraph 7 was stricken. 2 . The meetings were set on Monday, not Tuesday. This has been corrected to match current practice of having the meetings on the same night as the City Council meetings . 3 . Three members of the EDA were required to constitute a quorum and to adopt resolutions . Since the membership of the EDA has been increased to seven, these have been increased to four. Signed Karen Mar y, City A torney KEM:b j m C- [2EDA] Attachment BY-LAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA I . Authority. 1 . Name . The legal name of the Authority is The Economic Development Authority for the City of Shakopee, (hereinafter the EDA) , and its governing body shall be called the Board of Commissioners (hereinafter the Board) . 2 . Office . The principal office of the EDA shall be at City Hall, 129 S . Holmes Street, Shakopee, MN 55379 . 3 . Seal . The EDA shall have an official seal . II . Organization. 1 . Officers . The officers of the Authority shall consist of a President, a Vice President, a Secretary, a Treasurer, and an Assistant Treasurer. The President, Vice President, Treasurer, and Secretary shall be elected annually. A Commissioner may not serve as President and Vice President at the same time . The offices of Secretary and Assistant Treasurer need not be held by a Commissioner. 2 . President . The President shall preside at all meetings of the Board. 3 . Vice President . The Vice President shall preside at any meeting of the Board in the absence of the President and may exercise all powers and perform all responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. 4 . President Pro Tem. In the event of the absence of inability of the President and the Vice President at any meeting, the Board may appoint any remaining Commissioner as President Pro Tem to preside at such meeting. 5 . Treasurer. The Treasurer shall (1) receive and be responsible for EDA money; (2) be responsible for the acts of the Assistant Treasurer; (3) shall disburse EDA money by check only; (4) shall keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements; and (5) shall file the EDA' s detailed financial statement with its Secretary at least once a year at times set by the EDA. 6 . Assistant Treasurer. The Assistant Treasurer may exercise all powers and perform all responsibilities of the Treasurer if the Treasurer cannot exercise or perform the same due to absence or other inability. 7 . Secretary. The Secretary shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the EDA. -- _- - - - - -o - -- -- . - - - to timc by rcoolutionprcocribc . In the absence or inability of the Secretary to act, the Commissioners attending the meeting may elect a Secretary Pro Tem to act in the place of the Secretary. 8 . In addition to the above, the officers shall have the usual duties and powers of their offices . They may be given other duties and powers by the EDA. 9 $. Election of Officers . Officers shall be elected at the annual meeting immediately after the roll call and approval of the minutes of the previous meeting or meetings . Officers shall take office immediately, and shall hold office until the election and qualification of his or her successor. In the case of vacancy occurring in an office, it shall be filled by election for the unexpired term at any regular or special meeting of the EDA. 10 4. Executive Director. The Executive Director of the EDA shall be the City Administrator of the City of Shakopee . Such person shall serve as the chief appointed executive officer of the EDA, and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe . 11 3-4. Deputy Executive Director. The Deputy Executive Director of the EDA shall be the Assistant City Administrator of the City of Shakopee . Such person may exercise all powers and perform all responsibilities of the Executive Director if the Executive Director cannot exercise or perform the same due to absence or other inability. 12 3-1. Employees . The EDA may hire such employees as it may require, and determine their duties, qualifications, and compensation. 2 III . Procedures . 1 . Annual Meeting. The annual meeting of the Board shall be held at 7 : 00 p.m. on the first Tuesday Monday in January of each year. 2 . Regular Meetings . The Board shall hold regular meetings on the first Tuesday Monday of each month of each year, commencing at 7 : 00 p.m. , or at such other time as the Board may determine . 3 . Special Meetings . Special meetings of the Board may be called by any two Commissioners or by the Executive Director. The Executive Director or the Secretary shall post notice of any special meeting in the principal office of the EDA no less than three days prior to such special meeting. 4 . Quorum. A quorum shall consist of four thrcc Commissioners . In the absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board or the EDA. 5 . Adoption of Resolutions . Resolutions of the Board shall be deemed adopted if approved by at least four thrcc Commissioners . Resolutions may but need not be read aloud prior to vote taken thereon. 6 . Rules of Procedure . The meetings of the EDA shall be governed by the most recent edition of Robert' s Rules of Order. IV. Finances . 1 . Checks . An EDA check must be signed by the President and the Treasurer. The check must state the name of the payee and the nature of the claim for which the check is issued. 2 . Financial Statement . The EDA' s detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA' s credits and assets, and its outstanding liabilities in a form required for the financial statements of the City of Shakopee . The EDA shall examine the statement together with the Treasurer' s vouchers . If the EDA finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records . 3 3 . Audit . The financial statements of the EDA must be prepared, audited, filed, and published or posted in the manner required for the financial statements of the city. The financial statements must permit comparison and reconciliation with the city' s accounts and financial reports . The report must be filed with the state auditor by June 30 of each year. The auditor shall review the report and may accept it or, in the public interest, audit the books of the authority. 4 . Budget . Annually, at a time designated by the City Council, the EDA shall send its budget to the City Council . The budget shall include a detailed written estimate of the amount of money that the EDA expects to need from the City to do EDA business during the next fiscal year. The needed amount is what is needed in excess of any expected receipts from other sources . V. Miscellaneous . 1 . Fiscal Year. The fiscal year of the EDA shall be the same as the fiscal year for the City of Shakopee . 2 . Treasurer' s Bond. The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties . The bond must be approved as to form and surety by the EDA and filed with the Secretary. The bond must be for twice the amount of money likely to be on hand at any one time, as determined at least annually by the EDA, provided that the bond must not exceed $300, 000 . 3 . Annual Report . Annually, at a time and in a form fixed by the City Council, the EDA shall make a written report to the City Council giving a detailed account of its activities and of its receipts and expenditures during the preceding calendar year, together with additional matters and recommendations it deems advisable for the economic development of the city. 4 . Services . The EDA may contract for the services of consultants, accountants, and others as needed to perform its duties and to exercise its powers . The EDA may use the services of the City Attorney or hire a general counsel, as determined by the Authority. 5 . Purchasing and Facilities . The EDA may purchase the supplies and materials it needs . The City may furnish offices and space, stenographic, clerical, engineering and other assistance to the EDA. 4 6 . Execution of Contracts . All contracts, notes, and other written agreements or instruments to which the EDA is a party or signatory or by which the EDA may be bound, shall be executed by the President and the Executive Director. 7 . Amendment of Bylaws . These bylaws may be amended by the Board by majority vote of all Commissioners, provided that any such proposed amendment first shall have been delivered to each Commissioner at least five days prior to the meeting at which such amendment is considered. [2EDA] 5 To: Shakopee City Council and The City Of Shakopee From: Shakopee Youth Hockey Association Date: May 2nd, 1995 Speaking on be-half of the Shakopee Youth Hockey Association, we would like to present an offer to the City Of Shakopee for the new recreation center project. As many of you know, but we suspect some may not, Shakopee Youth Hockey has over the past several years, made some substantial contributions in support of our whole community. Things such as; Est. Value 1. The old Bubble building, which is now used as a warming house $50K for the three Lion's Park ice rinks. 2. Bubble building remodeling, rink lights, push buttons, etc.. $20K 3. Provided to Park and Rec., 120' of bleachers to be used for ball fields. $20K 4. Zamboni for use in maintaining rinks at Lion's Park. $15K 5. Cash Donations to other Shakopee organizations. $5K In keeping with our tradition of supporting our community, Shakopee Youth Hockey would like to offer the following in support of the new recreation center. 1. Donate two sets of hockey nets previously used at Bubble. $2K 2. If the city thinks it can be used, we will donate our scoreboard $5K which was previously used at the Bubble. (Possibly in gym space for occasional use) 3. Purchase and donate to the City Of Shakopee, a new ice resurfacing $50K machine to be used in the new recreation center. (Shakopee Youth Hockey would retain advertising rights from machine for life of unit) Sincerely, Shakopee Youth Hockey Association Aa-6 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MAY 2, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1) Roll Call at 7: 00 P.M. 2) Approval of Agenda 3] Recess for E.D.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of April 4th and April 18th, 1995 10] Communications: None 11] PUBLIC HEARINGS: None 12) Recommendations from Boards and Commissions: None 13] Reports from Staff *a] Award Bid Package #2 for Civic Center Project *b] Approve Bills in the Amount of $205, 745. 90 *c] Payment for Southerly Bypass Noise Abatement *d] Appointment of Acting Planning Director *e] Civic Center Project - RFP #2 and #3 f] Implementation of Connection Charges for the VIP Interceptor, Project No. 1981-1 TENTATIVE AGENDA May 2 , 1995 Page -2- 14] Resolutions and Ordinances: *a) Res. No. 4213 - Adopting a New Personnel Handbook (bring corrected/current copy distributed on March 21st as a Non-Agenda Item) *b] Ord. No. 415 - Approving West View Seventh Rezoning to PUD Overlay Zone No. 2 c] Res. No. 4193 - Ordering Improvement and Plans and Specs for Vierling Drive from CR-79 to CR-77, Project 1995-6, tabled March 21, 1995 d] Res. No. 4210 - Setting Hearing for VIP Extension 1992-9, Rahr Forcemain 1993-1, and Rahr Service Line 1994-8 *e] Res. No. 4214 - Approving Plans and Specs for CR-16 Sanitary Sewer, 1994-11 and Water Services, 1995-3 15] Other Business: a] b] c] 16] Adjourn to Tuesday, May 16, 1995 at 7 : 00 P.M. Dennis R. Kraft City Administrator OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 4 , 1995 Mayor Laurent called the meeting to order at 7 : 03 P.M. with Councilmembers Brekke, Beard, Sweeney and Lynch present. Also present: Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Dennis R. Kraft, City Administrator; Bruce Loney, Public Works Director/City Engineer; Terrie Thurmer, Assistant City Planner; Judith S. Cox, City Clerk; and Gregg Voxland, Finance Director. Items added to the agenda: 15a) Annexation, 15b) Annexation by Mr. Beard, and 15c) Storm Water Drainage Utility. Items deleted from the agenda: 13e) CSAH 16 Reconstruction from CSAH 17 to CR-83 - Drainage Study, and 13j ) Hiring A Recording Secretary. Beard/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed at 7 : 06 P.M. for an H.R.A. Meeting. The meeting re-convened at 7 : 11 P.M. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to address the City Council on any item not on the agenda. There was no response. Items removed from the Consent Business: 13a) Illegal Tobacco Sales, 14a) Resolution No. 4188 , A Resolution of Appreciation to Jim Cook. Sweeney/Lynch moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Beard offered Resolution No. 4188 , A Resolution Of Appreciation to Jim Cook, and moved its adoption. Motion carried unanimously. Mayor Laurent read Resolution No. 4188 and presented a framed copy to Mr. Jim Cook. Mayor Laurent opened the Public Hearing on the Appeal of Board of Adjustments and Appeals approval of a conditional use permit for James Development Firm to construct two principal structures on each of three lots and with each structure to be three stories in height. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -2- Terrie Thurmer, explained that Ralph Schmidt of James Development Firm has submitted an application for a Conditional Use Permit within the proposed Arlington Ridge Subdivision. She stated that on March 9, 1995, the Board of Adjustment and Appeals approved the request for the Conditional Use Permit. She also stated that on March 17 , 1995, this decision was appealed to the Shakopee City Council by a number of citizens due to findings based on the criteria required for granting Conditional Use Permits; and due to an allegation of the City's failure to notify by mail the owners of all properties located wholly or partially within 350 feet. She further stated that the applicant received approval as per City Code. The developer has since re-designed the site plan for lots 1 & 2 and is proposing two 16-unit townhome structures; reducing the proposed number of units from 144 to 112 . Mark Anderson, RCM Associates, for James Development, approached the podium. He explained that the developer is considering a change from a 3 story building to two 2-story, 16 unit townhome buildings on the center lot. In response to Mayor Laurent's question as to how the height of the buildings was calculated, Mr. Anderson explained that the height is from the proposed ground elevation to the midpoint of the roof line. Mr. Schmidt, Developer, approached the podium and explained that the change in plans would be to have two 3-story buildings on lot 3 , and lot 2 would have two 2-story townhome buildings. He explained that the placement of the two buildings on lot 1 would be re-designed. He stated that the change was being considered in an attempt to satisfy the neighboring residents. He further explained that he had reduced the number of units from 144 to 112 stating that this reduces the density by half that allowed by City Code. Mayor Laurent explained that the focus is that the buildings cannot be over 35' in height because they are 3-story buildings and asked Mr. Schmidt how many buildings per lot there would be. In answer to Mayor Laurent's question as to the number of buildings per lot, Mr. Schmidt stated that there would be two on each lot and that he had requested a C.U.P. because it is more sensible to construct two buildings at one time and to fill them and build as occupancy warrants. He stated that it would save time and money to have one legal description and owner for each lot rather than to have six lots and six owners and legal descriptions. He also explained that the C.U.P. was necessary because the buildings were intended to be 3-stories in height. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -3- In response to Cncl. Beard's question as to whether or not the market responds to smaller buildings better, Mr. Schmidt stated that the reason for not constructing one large building had to do with esthetics and occupancy. In response to Cncl. Sweeney's question as to whether the changes would affect lot lines, Terrie Thurmer replied, "No" . Mayor Laurent opened the Public Hearing to the public. Chuck Goebel, 2051 13th Ave. W, approached the podium. He stated that he had with him a petition of 152 Shakopee residents opposed to the 2 buildings on one lot and submitted the petition to the City Clerk. Shirley Dahl, 1230 Polk St. , approached the podium. She referred to Criteria #1 for permits and asked what the placement of trees had to do with the adjacent property values, and who would be in charge of maintenance and landscaping. She asked whether the ponds would become a breeding place for mosquitos and expressed concern about the odor from stagnant water. She asked why there are only five dumpsters for garbage when there are six units planned, and would Arlington Ridge have covenants to abide by. She stated that there appeared to be inadequate space for parking or garages, and explained that her privacy and enjoyment would be diminished and property values would drop. She then expressed concern about noise from both people and cars, and asked what the minimum lot size is. Mr. Kraft stated that the minimum lot size is one acre. Cncl. Sweeney explained that the 11. 33 acres could be divided into 11 sites with a building on each site with a maximum density of 18 units per building. Which would be more units than Mr. Schmidt is proposing to construct. In answer to Mayor Laurent's question as to who would maintain the properties, Mr. Schmidt stated that he would hire a management company (Leaps and Bounds) and there would be an on-site care taker for each lot. In answer to Ms. Dahl's other questions, Mr. Schmidt stated that they have all been approved through City staff. Gene Steinhaus, 2003 13th Ave. W, approached the podium. He stated that there was not sufficient parking with 144 units allowing for two cars per unit and asked how the developer could put 203 units in without a C.U.P. Mayor Laurent explained that fewer buildings and more mass per unit or underground parking would be an option. Gene Steinhaus stated that the traffic in and out of the area would be a problem as 13th Street near Polk narrows to 24 ' . Official Proceedings of the April 4 , 1995 Shakopee City Council Page -4- In answer to Cncl. Brekke's question as to why he did not divide the lots in half and have two lots on one property, Mr. Schmidt stated the reason is esthetics and the cost of having two mortgages and tax purposes, and there would be 6 separate properties and owners to deal with. In answer to Cncl. Brekke's question as to where the traffic in and out of the area is anticipated to go, Mr. Anderson stated that there are three entrances or exits from the site and from there Vierling Drive, Taylor St. , and 13th Ave. are a few others. Mr. Loney stated that Vierling Dr. is proposed for construction in 1996 and Taylor St. will be widened at that time. Cncl. Sweeney stated that there is a stub street on Polk that will intersect Vierling Dr. in 1996 that would help to alleviate traffic problems. Kay Ely, 2052 13th Ave. , approached the podium. She asked that Criteria #4 of the findings be explained. She asked how this would compare to the 3-story multi-family units and why they aren't all going to be townhomes, and can the two multi-family and townhomes be mixed. Ralph Schmidt approached the podium and showed a proposed picture of the two-story townhomes, explaining the layout of the townhomes. Jan Susee, President Leaps & Bounds, Richfield, Mn. , approached the podium. He explained that the reason for not constructing all townhomes is a marketing concept in order to meet the need for all types of housing. Sandra McNellis, 1222 Polk, approached the podium. She stated that perhaps there could have been more clarification and input ahead of time there might not be so much opposition. She asked what setbacks are and whether the buildings should be parallel. She stated that the buildings are too close to the lot lines and asked the developer to consider constructing townhouses throughout the project. Mayor Laurent explained that the building code allows the builder to build closer to the lot lines in order to keep the height of the building down. Greg Skluzacek, 1278 Polk, approached the podium. He asked why the C.U. P. was granted rather than a P.U.D. which gives the City more control . Mayor Laurent stated that that is what the developer requested, but that anything outside of the City Code requires a P.U.D. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -5- Ann Jopp, 1262 Polk, approached the podium. She asked how the approval of a large complex could be justified when police reports in high density areas show more calls. She also asked if the townhouses would ever be owned rather than rented, and how the determination for multi-family units is made. Cncl. Sweeney stated that perhaps zoning was not clear to the audience. He explained that zoning allows for a variety of uses and that when a developer purchases land and meets the City Codes he can build and doesn't need to ask permission. Dale Edgell, 1272 Polk, approached the podium and thanked the City Council for the opportunity to attend the Public Hearing and thanked Mr. Schmidt for changing his construction plans to townhomes in consideration of the area residents, and asked him to construct townhomes throughout the property. Cncl. Brekke stated that having townhomes on a portion of the property and apartments on another is a balanced approach to developing the property. Addie Steinhaus, 2003 13th Ave. W, apporached the podium. She stated that in looking at the map there did not appear to be sufficient room for play areas or dumpsters. She asked if there were any provisions for buffers between the townhomes and the apartments. Cncl. Brekke stated that this related to item 12a. Tom Handrich, 2062 13th Ave. W, approached the podium. He stated that he lives on the dead-end portion of 13th street and that at this time it is difficult to have two parked cars and two lanes of traffic. He asked how the extra traffic would be accommodated when there is basically one lane of traffic at 24 feet. Cncl . Sweeney stated that when Taylor is widened it will direct traffic to wider access streets. Cncl. Beard stated that lot 3 would be built in 1995, lot 2 possible the summer of 1995, and lot 1 in 1996-97 . He asked how far down 13th Mr. Schmidt planned on upgrading the street. Mr. Schmidt stated that a 92-96 foot cul de sac would be put in where the dead-end street is currently. The cul de sac will be large to accommodate snow plows and school buses. Glen Kask, 2061 13th Ave. W, approached the podium. He asked whether there would be adequate drainage to handle a five inch rain. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -6- Mr. Loney explained that the water would be collected in the two ponds north and west of the existing storm sewer and directed away from Mr. Kask. He stated that the storm sewer is designed to handle 4 inches of rain in a 24 hour period, that there would be significant ponding on the site to handle 6 inches of rain in a 24 hour period. Mr. Kask asked whether the City would be responsible if a child were to drown in the pond and whether there would be a fence around it. Mayor Laurent stated that there is no requirement for a fence, and that the issue of an accident would fall into an easement area. Mr. Loney stated that the City would maintain the easement for the ponding. Shirley Dahl approached the podium and referred to exhibit "B" a letter from Mr. Schmidt regarding two buildings per lot. She asked what is meant by less lot coverage and more roadway. Mr. Schmidt stated that the people should realize that he is trying to make a nice project. He said that they are taking a chance that if he does not construct his project and leaves Shakopee, someone else might come along and construct more units as allowed by City Code. Bill Mars, 611 Hennes, approached the podium. He stated that the City is getting a nice project with only half the possible density that was proposed. He also stated that there are 5 acres of open space for parks or recreation. Tracy Skluzacek, 1278 Polk, approached the podium. She asked if Mr. Schmidt approached the City or if the City approached him. Mayor Laurent stated that Mr. Schmidt came to the City. Sandra McNellis approached the podium. She stated that she had an article explaining affordable housing for townhouses and submitted it to the City Clerk. Gene Steinhaus approached the podium. He asked for an explanation as to how pond water escapes. Mayor Laurent stated that the ponds slow the flow from various sites into the sewer system, preventing all the sites from dumping water into the system at the same time. The pond water escapes by a smaller diameter pipe, some of the water percolates into the ground and is evaporated. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -7- Mr. Loney explained that the outlet pipes in the pond bottom reach a certain level and there is another outlet pipe. Mayor Laurent closed the public hearing. Sweeney/Beard moved to affirm the approval of the Conditional Use Permit by the decision of the Board of Adjustment and Appeals. Cncl. Beard stated that there is pressure from the Legislature to provide affordable housing. He stated that this project is a private venture not involving any government funding and spoke in favor of a C.U.P. up to 144 units (2 units/lot and 3 stories) . Motion carried unanimously. Mayor Laurent stated that the City has received a petition from the Stans Foundation to vacate the remainder of the alley located within Block 31, Shakopee Plat. On March 27 , 1995 the City received a letter from the Stans Foundation withdrawing the request for the vacation of the alley. Mayor Laurent opened the public hearing at 8 : 57 P.M. on the request to vacate the remaining alley in Block 31, Shakopee Plat and asked if anyone present wished to address the Council on this item. Ery Monnens, 129 W 3rd, approached the podium and asked how long this was going to continue. Mayor Laurent stated that they have withdrawn their request at this time but that they could apply again and that he would be notified. Mayor Laurent closed the public hearing. Beard/Brekke moved to accept the withdrawal of the vacation request from the applicant (Stans Foundation) . Motion carried unanimously. Terrie Thurmer stated that Ralph Schmidt of James Development firm has submitted an application for approval of the Preliminary Plat for the proposed Arlington Ridge development. The request is to subdivide the 11. 33 acre site into 3 lots and to construct two, 3- story, multiple family structures on each lot. She stated that the Board of Adjustment and Appeals has approved the Conditional Use Permit under the condition that each lot remains under the ownership of one individual, partnership, or corporation; and that each structure on each lot remain under the ownership of the same to ensure the structures are owned, maintained, and operated under unified control. Also, a minimum of 318 trees and shrubs shall be installed for landscaping. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -8- Sweeney/Lynch offered Resolution No. 4198, A Resolution Of The City Of Shakopee, Minnesota, Approving The Preliminary Plat For Arlington Ridge with the conditions as indicated, and moved its adoption. In answer to a previous question regarding buffers, and set backs, Ms. Thurmer stated that additional buffers may be a good idea. Mr. Anderson stated that at this time there is a substantial amount of landscaping, that the intention was to provide some play area and to leave some open area. Motion carried unanimously. Mayor Laurent recessed at 9 : 18 P.M. for a break. The meeting re-convened at 9 : 37 P.M. Mayor Laurent opened the public hearing on considering the creation of an economic development authority. Karen Marty stated that the City Council requested staff to prepare documents to transfer the authority of the Housing and Redevelopment Authority to an Economic Development Authority. She stated that she had drafted a Resolution establishing an EDA in accordance with state law. The City Council has discretion in two major areas: 1) City Council may set the size of the EDA at 3 , 5, or 7 members. Of which one or two must be members of the City Council if the EDA has 5 or 7 members. 2) The City Council may modify the limits of Powers listed on page 2 of agenda item No. llc) . Mayor Laurent asked for comments from members of the audience. Gary Morke, 1042 Merrifield, approached the podium. He urged the Council to adopt the Resolution with 7 members, 2 from the Community Development Commission. Other CDC members present in support of the seven membership included Cole VanHorn, Jon Albinson, and Eldon Reinke. Barry Stock stated that the benefit of having two members on the CDC would be that projects are originated or researched at the CDC level and brought to the HRA, with this there would be someone present to ask questions of. Cncl. Beard asked how the two members would be selected. Mr. Stock stated that the Mayor would appoint them. Cncl. Sweeney asked what the CDC expects the EDA to do differently than the HRA. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -9- In response to Cncl. Sweeney's question, Mr. Voxland stated that the HRA is limited to providing adequate affordable housing and develop blighted areas. The EDA makes land suitable for construction and is not limited to a blighted area. He stated that the scope of what the EDA could do is wide. The EDA would operate at different levels for community representation. Cncl. Beard stated that the responsibilities of an elected or appointed representative can be different and suggested to review this once a year and if the EDA membership of seven is not working go back to the membership of five like the HRA. He stated that there is potential for good contribution and the risk is minimal. Discussion followed on the limits of the powers of the EDA. Sweeney/Brekke moved to amend Resolution No. 4206 by adding the provision that the EDA shall not exercise any powers without the prior approval of the City Council. Mayor Laurent closed the public hearing at 10: 15 P.M. Motion carried unanimously. Beard/Lynch moved to amend Resolution No. 4206 by including the appointment of two members from the CDC in addition to the five Councilmembers. Brekke/Beard moved to amend the motion to state that the two appointees must be a member of the CDC at the time of appointment. Motion carried unanimously. Motion carried unanimously on main motion as amended. Beard/Sweeney offered Resolution No. 4206, A Resolution Of The City Of Shakopee, Minnesota, Creating An Economic Development Authority, Setting Forth The Powers Of The Authority, And Transferring Authority From The Housing And Redevelopment Authority To The Economic Development Authority, as amended, and moved its adoption. Motion carried unanimously. Beard/Brekke offered Resolution No. 4207, A Resolution Of The City Of Shakopee, Dissolving the Housing And Redevelopment Authority In and •For The City Of Shakopee, Minnesota, and moved its adoption. Motion carried unanimously. Cncl. Beard stated that Chief Steininger has requested an action to notify tobacco licensees in writing that the first round of compliance checks will result in criminal charges, action against licenses or both. He stated that he wanted to discuss whether or not to start adopting some model ordinance language, rather than going by State law. Official Proceedings of the April 4 , 1995 Shakopee City Council Page -10- Sweeney/Lynch moved to direct staff to review the licensing ordinance with the intent of allowing Council to revoke or suspend tobacco licenses for repeated violations of the tobacco sales laws. Motion carried unanimously. Karen Marty stated that Council currently has the power to revoke or suspend tobacco licenses. Julie Woodruff, 7501 Eagle Creek Blvd. , Representative of MN ASSIST, approached the podium. She explained that their goal is to reduce the availability of tobacco to children. She stated that a pilot study a year ago revealed that 10 out of 17 establishments sold tobacco to minors. She stated that she would like to work with the City Council to draft an ordinance with more provisions, i . e. : reduce accessibility by having tobacco behind counters and prohibiting minors selling to minors. She suggested focusing on the business/license holder who profits from the tobacco license. She stated that she will provide the City Council with the results of a working session with the City of Savage. A few ideas for penalties were a graduated penalty with a civil penalty first, or the suspension of the license after the first infraction. After discussion it was the consensus of City Council to implement the provisions in the city code for violations involving tobacco sales (holding hearings on revocation or suspension of license) . Sweeney/Lynch moved to authorize the appropriate City officials to purchase six Motorola HT1000 Portable Radios at a cost not to exceed $1, 058 per unit plus tax. (Motion carried under Consent Business) . Sweeney/Lynch moved to declare two multiplexors surplus property to be disposed of in accordance with the City Code. (Motion carried under Consent Business) . Sweeney/Lynch moved to approve the applications and grant a Consumption and Display (Set-up) License to Shakopee Ballroom & Banquet Center, Inc. , 2400 East Fourth Avenue and Fraternal Order of Eagles #4120, 220 West 2nd Avenue. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City officials to advertise for the various bid packages necessary to complete the Shakopee Civic Center Project. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City officials to enter into the Recognition and Non-Disturbance Agreement with Minnesota Valley Restoration Project, Inc. , d/b/a Historic Murphy' s Landing and Spookyland, Inc. , d/b/a Spookyworld. (Motion carried under Consent Business) . Official Proceedings of the April 4 , 1995 Shakopee City Council Page -11- Bruce Loney explained that Killmer Electric was the sole bidder for the Downtown Alleys Project, with a total bid of $502 , 971. 85. He stated that based on the Project costs and the Engineer's estimate that the bid is approximately 2% over the estimate. He stated that there are several bid items which vary significantly from the estimate. These include the duct bank, site lighting and alley paving. Of these items, only the alley paving has an affect on assessments. The alley construction assessment is now estimated at $288 . 26 per lot, or $61. 58 per lot higher than previously estimated. He explained that the cost sharing policy with SPUC states that SPUC will fund the first $272 , 000 of their share of the project 100% , then the remaining items at a rate of 50%. SPUC will be responsible for cable and wiring, electrical equipment, and all overhead line work. The remainder of the cost will be funded by the City. Engineering or administrative costs were not included and he recommended splitting the costs equitably between the City and SPUC. Beard/Lynch offered Resolution No. 4204 , A Resolution Accepting Bids For The Downtown Alleys; Blocks 21, 22 , 23 , 24 , 25, 29, 30 And 31, Project No. 1993-9 , and moved its adoption. Discussion followed regarding having only one bidder and the use of TIF funds on Blocks 3 and 4 . Motion carried unanimously. Bruce Loney stated that of the eight bids received for the Sarazin Street - Roundhouse Street - 4th Avenue project, the low bid was submitted by Ryan contracting, Inc. at $1, 180, 772 . 25. He explained that the low bid estimate was $366, 662 . 25 over the feasibility report estimate which can be contributed to additional items not included in the feasibility estimate which were anticipated to be done by private development, and $80, 000 additional cost for rock excavation. He stated that while the bid is approximately 45% higher than the feasibility report estimate, the rates are acceptable and that the developer has signed a waiver of assessment appeal. Lynch/Sweeney offered Resolution No. 4201, A Resolution Accepting Bids on Sarazin Street, from 4th Avenue To County Road 16; Roundhouse Street, From 4th Avenue To County Road 16; And 4th Avenue, From Shawnee Trail To Sarazin Street, Project No. 1994-10, and moved its adoption. Motion carried unanimously. Sweeney/Brekke moved to approve a contingency in the amount of 10% for use by the City Engineer in authorizing change orders for this project. Motion carried unanimously. Sweeney/Lynch moved to approve bills in the amount of $134 , 394 . 23 . (Motion carried under Consent Business) . Official Proceedings of the April 4 , 1995 Shakopee City Council Page -12- Sweeney/Lynch moved to approve the payment of $13 , 000, 00 to Carl & Mary Lindstrand and Richard & Carol Grayson for Easement No. 94-18 on Project No. 1994-10, for Sarazin Street, Roundhouse Street and 4th Avenue Improvements. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4189, A Resolution of Appreciation to Robert Tomczik, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4197 , A Resolution Authorizing Bank Transfers, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4200, A Resolution of the City of Shakopee, Minnesota, Approving Premise Permits for V. F.W. Post #4046, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4203 , A Resolution of Special Commendation to Gerald Dircks, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 410, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 2 , Administration And General Government, By Repealing Sec. 2 . 71, Commercial Building Rehabilitation Loan Program, And Adopting One New Section In Lieu Thereof, Relating To The Same Subject, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 411, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 2 , Administration And General Government, Sec. 2 . 55, Community Development Commission, By Repealing Subd. 2 , Composition Of Commission, And Adopting One New Subdivision In Lieu Thereof Relating To The Same Subject, (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4202 , A Resolution Of The City Of Shakopee, Minnesota, Staying Resolution No. 4170, Approving A Wetland Replacement Plan, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to direct staff to publish notice of the Ryan Wetland Replacement Plan application in the Shakopee Valley News and reopen the comment period. (Motion carried under Consent Business) . Karen Marty stated that a portion of the Valley Cemetery is outside of the City limits, and in addition there are several strips of land in the same area that were left out of annexation several Official Proceedings of the April 4 , 1995 Shakopee City Council Page -13- years ago. She stated that these may or may not be annexed at this time and the City may or may not continue to provide services. Sweeney/Beard moved to direct staff to take the necessary steps to annex the property. Motion carried unanimously. Cncl . Beard stated that a few months ago, in a meeting with Jackson Township, it was alleged that he and another Councilmember had stated that Jackson Township would never allow any more property to be annexed into the City. He explained a statement he had made in order to publicly clear up the apparent misunderstanding. Cncl . Sweeney stated that his understanding of the Storm Water Drainage Utility bills was that it would be the same for a homesteaded parcel and a non homesteaded parcel. Dave Nummer stated that this is a land use issue. If no one lives there and the property is not used as a residence then an acreage use is used. Dennis Kraft stated that the Planning Commission will be reviewing the draft Comprehensive Plan on Thursday, April 6, 1995. Following approval of the Plan, the City Council will need to direct staff to submit the plan to the Metropolitan Council for review. He asked if Council wished to meet in a Committee of the Whole to discuss the Comp. Plan or just have it put on the April 18th Council agenda. Consensus was that there was no need to have a Committee of the Whole and that staff should put the Comp Plan on the April 18th agenda. Mayor Laurent adjourned the meeting to Tuesday, April 18 , 1995 at 7 : 00 P.M. The meeting adjourned at 11: 03 P.M. ultd L-(1)) 1_41/1 Judith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 18, 1995 Mayor Laurent called the meeting to order at 7 : 03 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Bruce Loney, Public Works Dir. /City Engineer; Lindberg Ekola, Planning Director; Judith S. Cox, City Clerk; Paul Bilotta, Economic Development Coordinator; and Dave Nummer, Staff Engineer. Items added to the agenda: 13a) Minor subdivisions, 13b) Upper Valley Drainage Way Clean-up, 13c) Recreation Fee Schedule. Items deleted from the agenda: 12b) Res. No. 4209 which is a duplicate of 12f. Brekke/Lynch moved to adopt the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present would like to address the Council on any item not on the agenda. There was no response. Items added to Consent Business: 13a) Minor Subdivisions. Items removed from Consent Business: 11a) Civic Center, 11i) Approve Bills in the Amount of $322, 311.88, 12c) Resolution No. 4210 - Declaring Cost to be Assessed and Setting Public Hearing on VIP Interceptor Extension. Beard/Lynch moved to approve the Consent Business as modified. Motion carried unanimously. Beard/Lynch moved to approve the Minutes of March 21st, 1995. (Motion carried under Consent Business) . On behalf of the Scott County Transportation Coalition, Bill Koniarski presented Mayor Laurent with a plaque in appreciation for the City of Shakopee's financial support to the Coalition. Beard/Lynch offered Ordinance No. 412„ Fourth Series. An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 11, Zoning, Sec. 11.91, Nonconformities, Subd. 4, Regulation Of Type B Nonconformities, By Repealing Paragraph A And Adopting One New Paragraph In Lieu Thereof, Relating To The Same Subject, and moved its approval. (Motion carried under Consent Business) . Official Proceedings of the April 18, 1995 Shakopee City Council Page -2- Lynch/Brekke moved to support the addition of the following items to the Shakopee Civic Center Project: 1. Elevated walking track. 2 . Costs associated with building permit fee. 3. Costs associated with the establishment of a 10% contingency. 4 . Allocation of an additional $1 million from the tax increment trust fund balance to the Civic Center Project Fund for a total project fund of $5.5 million. Motion carried unanimously. Beard/Lynch moved to award the Shakopee Civic Center Bid Package #1, Precast Concrete to Fabcon, Inc. in the amount of $445, 470. 00 and authorize the appropriate City officials to execute contract documents accordingly. (Motion carried under Consent Business) . Beard/Lynch moved to approve a 5% contingency for the Civic Center Project Bid Package #1, Precast Concrete. (Motion carried under Consent Business) . Bruce Loney stated that a temporary signal needs to be installed west of the current signal at C.R. 18 and T.H. 101, to provide adequate traffic control while the ramps associated with the Bloomington Ferry Bridge are constructed. He explained that the City is responsible for any costs for installing power by Northern States Power Co. to the controller cabinet and; that the City will pay for the electrical energy to operate the traffic control signal system at 100% of the cost to the City. This cost is estimated at $200. 00 per month for approximately two years. Mr. Loney stated that the previous signal was installed prior to having a cost participation policy for signals. He explained that the County is proposing this signal and applying their current policy in which the County pays for the installation of the temporary signal and the City shall provide the electrical power to operate the traffic signal. A discussion regarding the cost for participation policy for signals ensued. Karen Marty stated that the City has not formally adopted a policy regarding cost participation but has passively followed the County policy. Beard/Lynch offered Resolution No. 4205, A Resolution Authorizing The Execution Of Cooperative Agreement No. 9505 County Project No. 70-618-12 With Scott County For The Installation Of Traffic Signals At The Intersection Of County Road 18 And Trunk Highway 101. A discussion followed as to whether the County or the City of Shakopee should pay for the temporary signal. Official Proceedings of the April 18, 1995 Shakopee City Council Page -3- Cncl.Sweeney suggested that the Council revisit the County policy for traffic signals and invite Mr. Larson to the discussion. Motion carried unanimously. Beard/Lynch moved to approve the purchase of computer upgrade at a cost not to exceed $3,877 . 67 (Fire Department) . (Motion carried under Consent Business) . Beard/Lynch moved to terminate Ms. Vidmar's probationary status. (Motion carried under Consent Business) . Beard/Lynch moved to terminate Ms. Potthier's probationary status. (Motion carried under Consent Business) . Beard/Lynch moved to declare the following vehicles surplus property to be disposed of in accordance with the City Code: 1980 Ford Dump Truck 1988 Subaru 1990 Ford Crown Vic 2FACP72G9LX151765 1989 Ford Crown Vic 2FABP72GXKX176247 1991 Ford Crown Vic 2FACP72GIMX172515 (Motion carried under Consent Business) . Beard/Lynch moved to authorize staff to process an abatement request to the county to abate property taxes on parcel 27-169051-0 for pay 1995 taxes. (Motion carried under Consent Business) . Cncl. Sweeney stated he had liability concerns related to beer dispensers at Tahpah Park. Karen Marty stated that she had spoken to the insurance company about this matter. She stated that the insurance company suggested that the City require indemnity agreements with the Jaycees for use of the beer dispensers. She stated that the taps are removable and that they could be required to pick up the taps at the city office in addition to signing an indemnity agreement. Sweeney/Beard moved to direct staff to prepare the appropriate document implementing Ms. Marty's suggestions (signing an indemnity agreement when using the beer dispensers at Tahpah Park and keeping the taps at the city office) . Motion carried unanimously. Sweeney/Brekke moved the payment of bills in the amount of $322,311.88. Motion carried unanimously. Brekke/Sweeney moved to direct staff to sell the beer cooler to the Jaycees for $1. 00 for use in Tahpah Park. Motion carried unanimously. Official Proceedings of the April 18, 1995 Shakopee City Council Page -4- Beard/Lynch moved to authorize the purchase of the Siemon Implement quotation for the John Deere 1070 Tractor and 609 Rotary Mower (cutter) for the total price of $17, 971.88, with the trade of the 1710 Ford Tractor, out of the Capital Equipment Budget. (Motion carried under Consent Business) . Beard/Lynch moved to authorize the appropriate City officials to purchase an Antifreeze/Coolant Recycler from Motor Parts Service, Shakopee, MN for $1,895.70. (Motion carried under Consent Business) . Judith Cox stated that a request has been received from Old Republic Title Insurance Company to release a sidewalk agreement against a twin home in Eagle Creek Junction 1st Addition. She explained that there have been a number of amendments to the City's Special Assessment Policy between January, 1992 and February, 1995. Under the old assessment policy and until May 18, 1993, Council policy was to assess for sidewalks on all streets. On February 7, 1995 an amendment to the assessment policy was adopted requiring that sidewalks be assessed in new plats, even when adjacent to collector and arterial streets. There was a brief window (about 20 months) when sidewalks along collector streets were not required under the special assessment policy for new development. During this time Council authorized the release of two agreements. Ms. Cox explained that under the current policy, the developer installs sidewalks at their own expense on new plats, and the City installs them at City expense elsewhere. She stated that continuing to require the developer or property owner to pay would be consistent with Council's current policy. Sweeney/Brekke moved to release a 1986 agreement requiring a sidewalk on a collector street for the parcel in question (in Eagle Creek Junction 1st) and other parcels from agreements requiring sidewalks along collector streets. Motion failed with all Cncl. members opposed. It was the consensus of Councilmembers to allow staff release the parcel from the agreement by escrowing with the City the estimated cost of the sidewalk x 150% the normal estimate. Lindberg Ekola gave a brief presentation of the 1995 Comprehensive Plan; discussing the process, regional concerns, and the purpose of the Comprehensive Plan. He said that the Planning Commission has completed their review and has held several public hearings. He stated that after approval of the Plan by the City Council it goes to the Met. Council for approval and after their approval, Council adopts the Plan by resolution. Official Proceedings of the April 18, 1995 Shakopee City Council Page -5- Mr. Ekola explained that staff used the Met. Council guidelines for amendments as a basis to prepare the Plan. He stated that the purpose of the Plan is to be a general policy document to guide the physical development of the City and that ordinances are used to implement this policy. Paul Bilotta approached the podium and provided City Council with statistics relating to affordable housing and the income values for a family of four for the Metro area and for Shakopee. In response to an issue regarding rural subdivisions that recently came up, Mr. Bilotta presented an alternative location for MUSA expansion for the year 2000. Brekke/Beard moved to replace the area East of CR-17 and South of Valley View Road that is within the year 2000 MUSA area with the area West of CR-17 to CR-79 and South to approximately Valley View Road extended. Steve Schwanke of RLR and Associates, representing the Shakopee- Jackson Coalition, approached the podium and identified the proposed change of the MUSA extension for 2000 through graphics. Motion carried unanimously. Sweeney/Brekke moved to amend the text of the Comprehensive Plan to indicate that the allocation of M.U.S.A. expansion to properties currently located outside the 4/18/1995 M.U.S.A. shall be predicated upon provision of scattered affordable single family housing sites for owner-occupied housing. A discussion regarding affordable, low to moderate income housing ensued. A discussion as to the definition of "affordable housing" ensued. It was the consensus of Councilmembers to set aside a Committee of the Whole meeting within the next two months to discuss affordable housing. Mr. Bilotta stated that, in April, the Community Development Commission will be looking at the issue of housing. Motion defeated with Cncl.Sweeney voting for the motion. Beard/Lynch moved to approve the 1995 Comprehensive Plan as recommended by the Planning Commission with the amendment to the map relating to MUSA. Motion carried unanimously. Beard/Brekke moved to direct staff to submit the Comprehensive Plan to the Metropolitan Council for their review and approval. Motion Official Proceedings of the April 18, 1995 Shakopee City Council Page -6- carried unanimously. Beard/Lynch moved to waive the 30 day termination notice for Lindberg Ekola and approve his last day of employment as April 28, 1995. (Motion carried under Consent Business) . Beard/Lynch offered Resolution No. 4208, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the Drainage and Utility Easement Located Along the Lot Line Between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition, and moved its adoption. (Motion carried under Consent Business) . A discussion regarding previous motions relating to TIF Funds and the Rahr forcemain and the Chaska Interceptor ensued. Sweeney/Brekke moved to direct staff to redraft Resolution No. 4210 (A Resolution Declaring The Cost to be Assessed and Ordering The Preparation of Proposed Assessments For The V. I.P. Interceptor Extension From County Road 79 to The West Corporate Limits and The Rahr Malting Service Line Project No. 's 1992-9 and 1994-8) incorporating the previous motion (of 4-6-93) to use TIF Funds for that part of the Rahr forcemain not being assessed. Motion carried unanimously. Lynch/Sweeney moved to declare the cost to be assessed and set a public hearing for the VIP Interceptor Extension and the Rahr Malting Service Line. Motion carried unanimously. Sweeney/Beard moved to order the preparation of proposed assessments for the VIP Interceptor Extension from County Road 79 to the West Corporate Limits, Project No. 1992-9 and the Rahr Service Line, Project No. 1994-8 . Motion carried unanimously. Beard/Lynch offered Resolution No. 4111, A Resolution Receiving a Report And Calling A Hearing On An Improvement To Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8, and moved its adoption. (Motion carried under Consent Business) . Beard/Lynch moved to authorize soil borings for Fuller Street. (Motion carried under Consent Business) . Beard/Lynch offered Resolution No. 4212, A Resolution Of The City Of Shakopee, Minnesota, Appointing Commissioners To The Economic Development Authority, and move its adoption. (Motion carried under Consent Business) . Beard/Lynch offered Resolution No. 4209, A Resolution Amending Resolution No. 4143 Adopting The 1995 Fee Schedule to incorporate the recording fees to cover county recording costs, and moved its adoption. (Motion carried under Consent Business) . Official Proceedings of the April 18, 1995 Shakopee City Council Page -7- Beard/Lynch offered Ordinance No. 413, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11. 03 By Rezoning Land Commonly Known As Valleyfair From "Race Track District" To Planned Unit Development Overlay Zone No. 1, and moved its adoption. (Motion carried under Consent Business) . Beard/Lynch moved to revise the minor subdivision provisions now. (Motion carried under Consent Business) . Cncl. Brekke stated that there is a problem with accumulation of trash in the Upper Valley Drainage Way and suggested various ways to clean it up. A discussion as to the City's responsibility for cleaning the ditch ensued. Staff was directed to research the problems associated with the ditch and bring a comprehensive summary of the problems and alternatives to resolve them back to the Council. Cncl. Beard stated that he had received a message relating to the cost of participating in recreation activities and an apparent misunderstanding that the City was involved in the "Gold Card" fund raiser. He explained that the City sets the activity fees at $13. 00 per participant. However, each sport is managed by its own association, made up of participating parents. Those associations charge additional fees used for equipment and uniforms, umpires, etc. and it is the associations that are responsible for the "Gold Card" fund raiser. A discussion regarding activity fees ensued. Having no other business to come before the City Council, Mayor Laurent recessed at 9: 41 P.M. for an Executive Session to discuss labor negotiations and matters permitted by the attorney-client privilege. Mayor Laurent re-convened the meeting at 10: 15 P.M. and reported that there was no action taken by the City Council during the Executive Session. Mayor Laurent adjourned the meeting at 10: 16 P.M. ' L - lr 1J dith S. Cox ty Clerk Esther TenEyck Recording Secretary MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center Project - Bid Package #2 - Structural Steel and Metal Deck Contract DATE: April 27, 1995 INTRODUCTION: Bids for the structural steel and metal deck contract were received on April 17, 1995 . The construction manager has reviewed the bids and is recommending that the contract be awarded to Danny' s Construction Company. BACKGROUND: Attached is a letter from Kevin O'Brien, Greystone Construction regarding the Civic Center Bid Package #2 - Structural Steel and Metal Deck. Three contractors did bid on this package . Based upon Greystone' s analysis of the bids and bid alternates, they are recommending that the contract be awarded to Danny' s Construction Company. Mr. O'Brien has also noted that several change orders to the base contract will be needed for additional work associated with the track and reconfiguration of the gymnasium. Staff is therefore recommending that Council approve a 5% contingency for the Civic Center Bid Package #2 - Structural Steel and Metal Deck to allow for the subsequent change order. It should also be noted that the low base bid is under the construction manager' s estimate . ALTERNATIVES: 1 . Move to award the Shakopee Civic Center Project Bid Package #2 - Structural Steel and Metal Deck to Danny' s Construction Company and authorize the appropriate City Officials to execute contract documents accordingly. 2 . Award the Structural Steel and Metal Deck Contract to one of the other bidders . 3 . Re-bid the Structural Steel and Metal Deck Contract . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to award the Shakopee Civic Center Project Bid Package #2 - Structural Steel and Metal Deck to Danny' s Construction Company and authorize the appropriate City Officials to execute contract documents accordingly. BAS/tiv - h: \wp51\docs\tami\civicctr\bid#2 UKLY a I Ji'1 L, April26, 1995 CONSTRUCTION COMPANY Mr. Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee, MN 55379 Re:Shakopee Civic Center Structural Steel and Metal Deck Contract Dear Barry: The budget for steel bar joist and metal deck is listed below: Ice Arena $156,245.00 Gymnasium $ 67,797.00 Gymnastics $ 20,640.00 Commons Area $ 34,400.00 Total Project $279,082.00 Bids for this work were received April 17, 1995. The bid tabulation is attached. We recommend that all alternates be rejected for the following reasons: Alternate No. 1 - Base bid which includes acoustical deck is within budget. Alternate No. 2 - Base bid which includes sound batts in deck is within budget. Alternate No. 3 - The design of the walking track and configuration of the gymnasium is being changed. This option is no longer valid. Alternate No. 4 - The scheduled delivery of 85 days meets the construction schedule. Therefore, additional cost to upgrade delivery is not justified. Danny's Construction Company did not note Addendum No. 1. We recommend that this irregularity be waived as Addendum No. 1 only pertained to Alternates No. 3 and 4, which will not be accepted. We recommend the contract be awarded to Danny's Construction Company on the basis of the low base bid of$265,700.00. 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 Mr. Barry Stock April 26, 1995 Page 2 Upon redesign of the walking track, we will issue a change order for additional work required to support the track and reconfigure the gymnasium. Danny's Construction Company's voluntary Alternate No. 1 may save money and will also be considered in a change order. Sincerely, Kevin W. O'Brien KWO/sb Add. Base Bid Base Bid Steel Bid No. 1 Struct. Metal Del. Vol. Vol. Company Bond Noted Steel Deck Alt.#1 Alt.#2 Alt.#3 Alt.#4 Sched. Alt.#1 Alt.#2 High Five Erectors 5% Yes 202,500. 70,000. Deduct Deduct Add Add 112 3,000. 1,200. 24,000. 1,500. Days Danny's Const.Co. 5% No 180,900. 84,800. Deduct Deduct No No 85 Add Deduct 3,100. 1,300. Bid Bid Days 4,400. 1,800. Listul Erection Corp. 16,000. Yes 212,000. 92,689. Deduct Deduct Add Add 77 Check 3,547. 1,514. 23,000. 750. Days NOTES: 1. Structural steel and metal deck cannot be separated. Therefore,the combined base bids are as follows: * High Five Erectors $272,500.00 * Danny's Construction Co. $265,700.00 * Listul Erection Corp. $294,689.00 2. Alt.#1 consists of substituting standard primed metal deck for acoustical deck. 3. Alt.#2 consists of deleting acoustical sound batts in metal deck. 4. Alt.#3 consists of reinforcing structural steel to support walking track. 5. Alt.#4 consists of additional detailing expense to improve schedule. 6. Addendum No. 1 requested Alternates 3 and 4. Addendum Number 1 has no effect on the base bid. 7. Danny's Construction Company listed two voluntary alternates: No. 1 was to furnish ledger beams required to support bar joist. (Part of Fabcon's bid). No.2 was to fasten deck down with a pneumatic gun in lieu of screws. 13b CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 4/26/95 . Included in the bill list is rehab grant payment to Betti Lu Mueller in the amount of $1, 074 . 37 . 4 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/26/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 4,745 20,833 30 12 CITY ADMINISTRATOR 219,200 12,381 53,169 24 13 CITY CLERK 121,170 7,719 34,648 29 15 FINANCE 302,310 16,774 75,991 25 16 LEGAL COUNSEL 212,090 15,270 59,879 28 17 PLANNING 464,430 26,851 98,258 21 18 GENERAL GOVERNMENT BUILDINGS 148,120 11,659 34,501 23 31 POLICE 1,490,650 104,039 425,772 29 32 FIRE 410,240 33,719 85,852 21 33 INSPECTION-BLDG-PLMBG-HTG 197,780 13,311 53,791 27 41 ENGINEERING 357,100 20,945 85,785 24 42 STREET MAINTENANCE 759,180 39,781 156,980 21 44 SHOP 112,120 10,006 31,587 28 46 PARK MAINTENANCE 292,420 20,885 67,554 23 61 POOL 136,580 477 3,576 3 64 RECREATION 239,580 17,575 66,743 28 91 UNALLOCATED 136,000 4,987 15,031 11 TOTAL GENERAL FUND 5,668,420 361,124 1,369,950 24 17 PLANNING 467,160 28,604 97,892 21 TOTAL TRANSIT 467,160 28,604 97,892 21 12 CITY ADMINISTRATOR 119,080 10,871 17,757 15 TOTAL HRA 119,080 10,871 17,757 15 A a a a a a a a s a s a a a a F N N E N H H H H H H H H H H H N I:71 ro a I 0 a w U H 0 H N CO 01 C1 0 rl N O of C1 d1 d1 d1 d1 U1 U1 to H rl in in N U1 U1 u1 U1 U1 O O O O N N N N 0 0 N 0 N N H 0 d1 d1 0 0 0 0 0 sr sr 0 d1 0 0 0 N N 0 0 0 0 0 N N 0 N 0 0 it 0 M M H N 0 0 0 rI M 0 M 0 1 1 M N CO CO N H Cl a1 N N 01 CO N N E sr H H H r♦ M M M rl H In H CO M M 14 N N N N d1 d1 d1 N N d1 N M d1 I I I I I I I I I I I I I 1 O O N N N N l0 rI H N N H N 0 H U 01 H -I H H N N Ul H H N H M U1 U a1 01 C1 al a1 I-I rI rI ON 01 H 01 r- H a,' C1 O O O O 0 O O O O 0 O Cl O LA a s a a EA 0 a w 0 00 a g4 A 00 a• A � aa � w En x U Z.04 0 U U a H U IpH�� W W O H En W W >I W W O A 0 A COi U PWM N1::4 al a RC Wpcy, Co M W ►� 0 z z N U z s 0 A N U W U U Pa Prl 0 N Cl)El E w v� a s 0 Z 0 CA a 0 0 H 0 0 E U)H M x Un � Cl) p W En H- O in H O It! 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Cl) a Z A H a X H U w a en H a cn W 0 a z a H 0 U 0 H U Z CD co 41 Z I a w H al H 0 C9 Co Z • H W H E+ a ut co CA 0O11 $ N H N3 5 3 N E-1 O O O O N N O C.� 00 U31.13 HH 01 ai 0 dl dl u1 01 CO CO u1 ,}', rl H O O M M %II VI ed, N N 03 L} N 0 VI- . Wi/1 V? t? in F+ U a W N X V} a U w E+ H H O O O C4 4 \ \ \ PG A in 0 0in X 0 in LA in 0 W CT m rn W g al CA 01 ✓ U r{ H H 0 a Z N Co 01 H N N N • U co 00 CO M W dl Vdr O N 0 0 0 O 0 H C) to Pi CO H H d+ en o u 0 O M d+ O O N H N *TN CO H 0 O en co O 01 N N 0 l0 01 al 0 at N l0 1? V1 CO N 10 N 0 in. d+ CO ON 01 'd1 0 al H 0 M N O M dr N VI U) N H VI CO H N in CO N tr} t? l0 H in. in. 0 VY i? t? ih tn. N O1 01 H N N IA lc 0 a w B 0r4 HE, aa4 o N ' N. aHu ›>+ a E, A N. E+ IX vH CO H g tl E k Qof H 44 44 >+ dr H RC H W W 'n V' Et W a ch U v] v] a A D4 ~ V H d+ v1 co N o 0 0 0 0 W O H H N M M H M V, al W O H H VI VI V r h r o1 a U ' 1 ' ENT ." c. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Payment for South Bypass Noise Abatement DATE: April 27, 1995 Introduction The City has an agreement with a home owner in Killarney Hills to pay for noise abatement and it is appropriate to make payment at this time. Background The City has an agreement with Paul and Geraldine Schmitz (Lot 1, Block 2, Killarney Hills) to pay them $20, 000 for noise abatement related to the south bypass project . The agreement was executed in 1990 . In exchange, the Schmitz withdrew any objection to the construction of the bypass which permitted the MPCA to issue a noise variance on the project . According to Tim Johnson of MDOT, the MPCA has issued the variance and the indirect source permit and he will send a copy to the city for the file. The other condition regarding payment to the Schmitz is that construction actually commence. Rough grading and drainage work in currently under way in that area. Therefore, Council is requested to authorize payment to the Schmitz at this time . Money is available in the South Bypass Capital Projects Fund which was funded by TIF. This will also enable the city to make payment and close out this fund before the Legislature puts more restrictions on the use of TIF. Action Requested Move to direct that payment be made to Paul and Geraldine Schmitz in the amount of $20, 000 pursuant to the agreement for noise abatement related to the south bypass . AGREEMENT WHEREAS, Paul Schmitz and Geraldine Schmitz, husband and wife, (hereinafter "the Schmitzes") own a home located near the proposed Shakopee Bypass legally described as follows: Lot 1 , Block 2, Killarney Hills , Shakopee , Scott County, Mn. (hereinafter referred to as "Schmitz Home"); and WHEREAS, the City of Shakopee, a body politic incorporated and organized under the laws of the State of Minnesota (hereinafter referred to as the "City") is the municipality in which the Schmitz Home is located; and WHEREAS, it has been determined by the Minnesota Department of Transportation (hereinafter referred to as "Mn/DOT") which is the agency with overall authority for the construction of the Shakopee Bypass that for a short period of time each day the noise levels at the location of the Schmitz Home will be in excess of those allowed by the Minnesota Pollution Control Agency (hereinafter"MPCA"); and WHEREAS, Mn/DOT has sought a variance from the noise standards established by the MPCA in order to proceed with the construction of the Shakopee Bypass; and WHEREAS, the Schmitzes have requested that the MPCA modify the variance sought by Mn/DOT to require that alternative noise abatement improvements be installed and/or the Srhmitzes be compensated for having to endure the noise levels which will exceed the MPCA standards; and WHEREAS, to date the MPCA has denied the variance until the issues raised by the Schmitzes are resolved; and WHEREAS, it is necessary to resolve the issues of the Schmitzes in order for the Shakopee Bypass to be constructed; and WHEREAS, Shakopee has a vested and significant interest in the construction of the Shakopee Bypass in order that serious traffic problems and hazards existing within the City of Shakopee be solved; NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the undersigned parties do hereby agree as follows: 1. That the City agrees to provide compensation to the Schmitzes according to one of the following alternatives: a. The City shall authorize and pay for an appropriately qualified independent consultant to determine what sound mitigation measures may be provided for the Schmitz Home and further agrees to contract for and obtain such appropriate sound mitigation measures for the Schmitz Home, at a total cost not to exceed $50,000.00 ("Alternative No. 1"), or -1- • b. The City will pay an amount of$20,000.00 to Mr. and Mrs. Schmitz ("Alternative No. 2"). The selection of the alternative to be performed by the City shall be at the sole discretion of the Schmitzes. The Schmitzes shall make their selection within sixty (60) days of the date that the MPCA grants its variance and issues the Indirect Source Permit for the Shakopee Bypass. Such selection shall be made in writing to the City. If the Schmitzes select Alternative No. 1, the City will perform its obligations within a reasonable time after the beginning of construction of that phase of the Shakopee Bypass which is in the vicinity of the Schmitz Home. If the Schmitzes select Alternative No. 2, the.City shall make its payment when construction commences for that phase of the Shakopee Bypass which is in the vicinity of the Schmitz Home. 2. The Schmitzes agree to withdraw any and all objections they have to the construction of the Shakopee Bypass and to accept either Alternative No. 1 or Alternative No. 2 in lieu of any other compensation or damages due the Schmitzes as a result of the noise created by the construction of the Shakopee Bypass. 3. The Schmitzes agree that, upon completion of the alternative which they choose, they waive any rights they have or may have to challenge, appeal, or litigate any issues relating to the noise caused by the construction of the Shakopee Bypass. The Schmitzes understand and agree that the obligation of the City under the terms of this contract shall be limited to the alternative chosen by the Schmitzes and further agree that the City is not an insurer or guarantor of any sound mitigation measures resulting from a selection by the Schmitzes of Alternative No. 1. 4. Both parties hereto understand and agree that the following conditions precedent shall exist before the rights and obligations of this Agreement shall be binding upon the City: a. The MPCA shall issue a variance to Mn/DOT regarding the construction of the Shakopee Bypass as it affects and impacts the Schmitzes home; b. The MPCA shall grant an Indirect Source Permit for the Shakopee Bypass; c. No objection to this Agreement shall be made by the MPCA prior to its grant of the noise variance in this matter, however, notwithstanding any such objection by the MPCA, upon its granting the variance, any objection of the MPCA to this Agreement will no longer be a condition precedent to the fulfillment of the obligations herein by the City; and d. Construction of the Shakopee Bypass will actually commence. 5. If this Agreement is litigated by either party, the prevailing party may recover its costs and attorney's fees incurred in prosecuting or defending said litigation. 6. The interests of the Schmitzes in this Agreement are fully transferable, however, in the event that Schmitzes sell their residence which is the subject of this Agreement prior to the time the City has fully performed its obligations, the Schmitzes may -2- choose not to transfer their interests in this Agreement to such a buyer, but rather continue to look to the City for the benefits conferred by this Agreement. IN WITNESS WHEREOF, the parties hereto have affixed their signature this 2 7'kday of Al , 1990. 7 .t . C -;- Paul Schmitz, rs.''._• �1rztta c_41. `gior itmen %�'(i s �•��c 1�, .!�/� 1//c_ b :, r+or;ar r....._„i;..E:GTA Geraldine Schmitz r—i T • SCOTT COU;:7Y :;•,.• ' My commission expires 10.13-94 CITY OF SHAKOPEE By: GaryLa Its: Mayor Rornando.r By: 1c iei • galry . Dennis Kraft 12/21/92 Its: City Administrator is By: (1)"i•' E/ I �. Ju. th . .x Its: C. Cerk \v STATE OF MINNESOTA ) ) SS. ACKNOWLEDGMENT COUNTY OF Yen n eiit h ) The foregoing instrument was acknowledged before me this Z 7f 17 day of "`j tt 5 t 1990, by Paul Schmitz, an individual. (notary seal) Z.t � C / ''� ` :l DAN BIERSDORF 2 Notary Public .i414. 671i NNOTARY PUBLIC-MINNESOTA� iV..... HENNEPIN COUNTY 2 k.�4 My Commission Expires Nov. 1 p 9, 1990 -3- .!; r -`) MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Appointment of Acting Planning Director DATE: April 27, 1995 INTRODUCTION: This memo includes a request for the City Council to authorize the appointment of an Acting Planning Director. BACKGROUND: With the resignation of Planning Director Lindberg Ekola it is requested that the City Council approve the appointment of Paul Bilotta as Acting Planning Director. RECOMMENDATION: It is recommended that the City Council authorize the appointment of Paul Bilotta as Acting Planning Director. It is further recommended that he be placed at Step 2 ($3644/month) of the Planning Director position in the 1995 non-union pay plan. ACTION REQUESTED: Authorize the appointment of Paul Bilotta as Acting Planning Director at Step 2 of the Planning Director position in the non-union pay plan, effective May 1, 1995. fONSENT MEMO TO: Dennis R. Kraft, City Administrator J�� FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center Project - RFP #2 - Ice Arena Dehumidification System and RFP #3 - Ice Arena Dasher Boards and Accessories DATE: April 28, 1995 INTRODUCTION: The civic center construction manager is requesting Council authorization to issue Requests For Proposals for the following equipment components in the ice arena including: 1. Dehumidification System and 2. Dasher Boards and Accessories. BACKGROUND: In early April the Shakopee City Council authorized approval to advertise for various bid packages associated with the Shakopee Civic Center Project. Included in the list of bid items were several specific components that related to the ice arena. Due to the special nature of these components,the construction manager in consultation with the City Attorney has determined that it would be more cost effective for the City to solicit Request For Proposals for certain ice arena facility components. Pursuing these items in a bid format would likely exclude many vendors from submitting a bid. The ice arena refrigeration system was originally included in the initial bid package list. Rather than soliciting bids for the refrigeration system, Request For Proposals are being solicited as RFP#1. The dehumidification system and dasher board\accessories were not included in the initial bid package list. Therefore, staff is seeking Council authorization to solicit RFPs for these two facility components. ALTERNATIVES: 1. Authorize the appropriate City officials to solicit Request For Proposals for the ice arena dehumidification system (RFP #2) and Dasher Board\Accessories (RFP #3). 2. Do not solicit RFP's for these two facility components. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to authorize the appropriate City officials to solicit Request For Proposals for the ice arena dehumidification system(RFP #2) and Dasher Board\Accessories (RFP #3). 4*\3--c MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Implementation of Connection Charges for V.I.P. Interceptor, Project No. 1981-1 DATE: May 2, 1995 INTRODUCTION: In conjunction with the upcoming assessment hearing on the V.I.P. Interceptor sewer, the Finance Director has raised the issue of $112,661.90 in sewer oversizing costs for an area which was outside the City Limits when the original V.I.P. Project was constructed and has since been annexed. This area also happens to coincide with the current V.I.P. assessment area. Attached is Resolution No. 1891 which addresses how these costs will be recovered by the City. BACKGROUND: On Resolution No. 1891, Page 1, second paragraph, it states "WHEREAS, property outside the Corporate Limits of the City and other property will benefit in the amount of$112,661.90 and since the City chooses not to assess said property at this time, the City will pay the $112,661.90 now and will be reimbursed by connecting to the interceptor at the time of construction of a lateral sanitary sewer." The V.I.P. Interceptor installed under project No. 1981-1 was located between Marschall Road and County Road 16. This interceptor service area for assessments included an area in Jackson Township. This area is located west of County Road 79 and is the area annexed in 1988 and most recently in 1994. In the resolution under the BE IT FURTHER RESOLVED; it states that additional peak capacity has been provided in the amount of$112,661.90 and this amount shall be recouped in the future by means of service and/or connection charges. Interest at the rate of 8 3/4 percent per annum, was to be added from the date of the resolution to the date of initial service and/or connection charge. The interest amount from August 25, 1981 to today would amount to $135,147.98 per the Finance Director. The Project No. 1981-1 assessment roll indicates a 610 acre area for the property outside of the City Limits at that time. Staff has recalculated the area from the 1988 and 1994 annexations to be approximately 350 acres. A connection charge has not been developed for the area outside of the City Limits in 1981 in which a trunk oversizing cost of$112,661.90 was to be recovered upon connection to the system. Currently, the only connections to the V.I.P. Interceptor in the area in which the connection charges were to be collected has been made by the Meadows West 1st Addition. Utilizing a 350 acre service area, the cost per acre for the principal amount of $112,661.90 is $321.89. The acreage charge for the $135,147.98 interest amount is $386.13. The cost per acre for principal and interest would be $708.02. The City Attorney has indicated that the current Assessment Roll for the V.I.P. Sewer is not an option for collecting the oversizing costs since the property owners were not included in the legal notice for the hearing. ALTERNATIVES: 1. Direct the Finance Director to implement a connection charge in order to recoup the trunk oversizing cost of$112,661.90 and interest costs for the area described in Resolution No. 1891. 2. Direct the Finance Director to implement a connection charge in order to recoup the trunk oversizing cost of $112,661.90 for the area described in Resolution No. 1891, without interest charges. 3. Do not implement a service or connection charge for the $112,661.90 and area described in Resolution No. 1891. 4. Table for more information. RECOMMENDATION: Staff has no recommendation as this is a Council policy decision. If a connection charge is to be implemented, it is recommended that the charge be applied to the final plat and collected at the time of platting to minimize the administrative tracking of this fee. ACTION REQUESTED: Provide direction to staff on this issue. BL/pmp CHARGE RESOLUTION NO. 1891 • A RESOLUTION ADOPTING ASSESSMENTS 1981-1 . PUBLIC IMPROVEMENT PROGRAM V.I .P. INTERCEPTOR • WHEREAS, a contract has been let for the installation of the V.I .P. Sanitary Sewer Interceptor beginning at a section of the existing Shakopee interceptor lying between County Road 83 and County Road 17 thence proceeding southerly to County Road 16 thence westerly to Marschall Road and there terminating; and • WHEREAS, the total cost of the improvements will be $879,912.65; and WHEREAS, property outside the corporate limits of the City • and other property will benefit in the amount of $112,661.90, and since the City chooses not to assess said property at this time, the City will pay the $112,661.90 now and will be reimbursed by connecting to the interceptor at the time of construction of a lateral sanitary sewer; and WHEREAS, the City proposes to defer assessments in the amount of $63,333.13 for those properties lying between CR-17 and CR-79 • who cannot now benefit from the construction of a lateral sanitary sewer to the interceptor because of the City's Comprehensive Plan; • and WHEREAS, pursuant to proper notice duly given as required by • law, the City Council of the City of Shakopee met, heard and passed upon all objections to the proposed assessment of the said V.I .P. Sanitary Sewer Interceptor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessments together with any amend- ments thereof, as listed on assessment Roll "A", is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included Is hereby found to be bene- fitted by the proposed improvements in the amount of the assessments Levied against it. 2. Such assessments shall be payable in equal annual install- • ments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1982, and shall bear interest at the rate of 8 3/4 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assess- ment from the date of this resolution until December. 31 , 1982, and • to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City treasurer, except that • no interest shall be charged if the entire assessment is paid within . , thirty (30) days from the adoption of this resolution; he may there- after pay to the County Treasurer the installment and interest in • process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment as listed on Assessment Roll "A" in his office and shall certify annually to the County Auditor on or before October 10th of each •year, beginning in 1981, the total amount of installments and interest which are to become due in the following • year on the assessment on each parcel of land included in the assessment roll. • BE IT FURTHER RESOLVED THAT: 1. That such proposed assessments together with any amend- • ments thereof, as listed on Assessment Roll "B" attached hereto, and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied • against it; • 2. That such assessments are hereby deferred until January • 1st, 1985, when sanitary sewer can be extended to the area, in accordance with the City's Comprehensive Plan. Page 3 , 3. That such assessments shall be payable in equal annual installments ,extending over a period of ten years, the first in- stallment to be payable on or before the first Monday in January, 1986 (or when sanitary sewer can be extended to the area in ac • • cordance with the City's Comprehensive Plan) and shall bear interest at the rate of 8 3/4 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest for the calendar year in which the first assess- ments are to be collected by the County Treasurer and to each sub- sequent installment when due shall be added the interest for one year on all unpaid installments. The interest which has accumulated • from the date of this resolution until the end of 1985 (or when sani- tary sewer can be extended to the area in accordance with the City's • Comprehensive Plan) shall be payable in equal annual installments extending over the same 10 year period as the principal, and shall be in addition to theprincipal, but shall not be compounded. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no in- • terest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, andehe may pay the remaining:de /` principal balance of the assessment and1interest to the City Treasurer. 5. The Clerk shall file the assessment rolls pertaining to this assessment as listed on Assessment Roll "B" in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on • each parcel of land included in the assessment roll. BE IT FURTHER RESOLVED: • peak 1 . That an additi.onalAcapaci_ty of 4,85 C.F.S. has been provided in the interceptor for future use and the cost of providing this additional interceptor capacity is $112,661.90 which amount shall be recouped in the future for areas designated • in the future by means of a service and/or connection charge. RESOLUTION NO. 1891 Page 4 • 2. That when such areas are designated for a service and/or , connection charge interest from the date of this resolution, at . the rate of 8 3/4 percent per annum, shall be added to the initial service and/or connection charge. After this point, no additional • interest shall be charged. 3. That the time when areas are designated in the future as being benefited by the interceptor, service and/or connection charges shall be set by the City Council. Adopted in 0�• D session of the Shakopee City Te, Council of Shakopee, Minnesota, held this ,. ,S day of J 2(kat' , ,. 1081 . Mayor of the of Shad—opee . • ATTEST: 1 �J72(' C ty Clerk • Approved as to form this ;i day of ;'I,,�- , 1981. City Attorney 7,--*— • 1 I,\ i ' Q I\ . \ \i ,/i ,I / . ---, \ 1 \ / 1 / e'L It.)i 1- , Nek, ,...:_____441 P3 iI k ..www. I /.` _ `) <.t I 1 �� VV • —— — �� • 1 .� I op 3 , • i• � t • -1., i .4( P v_rt. 1 ,, '....,,,s 1 . 4-.- . 7,,-);. 1 . i -..- ./,' 1 az 5 ' . I —4- • // I <! I 1 l S - , r....i --- :�IHaer� ,<-0;71s.1.5 I I-_l `� J - I y 410...... 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'..:72''') I� ' .`\ MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITfY COUNCIL FROM: Karen Marty, City AttornerI DATE: April 19, 1995 RE : Personnel Handbook BACKGROUND: The City Council recently reviewed and recommended changes to a draft Personnel Handbook for Shakopee City employees . Those changes have been made and the handbook is ready for adoption. DISCUSSION: The new personnel handbook covers all employees, and makes several major changes : 1 . Employees are subject to discharge only for cause . Two categories of employees remain as at will employees : temporary and probationary employees. 2 . The pay period is shifted to a two-week period. This will allow the flex-time employees to save their hours from one week to the next . It also may eliminate some overtime pay. 3 . Good Friday is eliminated as a holiday, and a "floating holiday" inserted in its place. This will result in City Hall being open on Good Friday, while allowing employees to select the day they want off . 4 . Once each year employees may convert up to 60 hours of sick leave into vacation leave, at a rate of three hours of sick leave into one hour of vacation. This applies only to employees who have accumulated and retain over 160 hours of sick leave. 5 . New provisions on employee conduct are set forth. 6 . Promotions within a department would be allowed, without formal posting or testing. In order to eliminate conflicting or out-dated policies, various resolutions and motions need to be repealed. These are as follows : Res . 2199, Employee Assistance Program Policy Res . 3242, Drug and Alcohol Testing Res . 3487, Policy for City Vehicles Res . 2623 , Amending the 1986 Pay Schedule Res . 2397, City Equipment and Services in Emergencies Res . 1351, Department Head Physicals Res . 3098, Vehicle Policy Res . 3226, Amending City' s Policy for City Vehicles Res . 2143 , Severance Pay Res . 1913, Hiring City Employees Res . 2667, Appeal Committee Res . 2311, Grievance Procedure re Handicapped Discrimination Res . 2942, Data Practices Act Res . 1622, General Policies Res . 3440, Special Leave Without Pay Res . 3948, Sick Leave for Spouses Previous motions inconsistent with the new Personnel Handbook The repeal of these resolutions and motions shall be effective at the same time as the Personnel Handbook; namely, immediately for non-union employees, and after adoption of the employee' s next union contract for union employees . ALTERNATIVES : 1 . Adopt the new Personnel Handbook and repeal conflicting policies . 2 . Amend the draft new Personnel Handbook or existing policies, and adopt the Personnel Handbook as amended. 3 . Do not adopt the new Personnel Handbook or repeal conflicting policies. ACTION REQUESTED: Offer Resolution No. 4213 , a resolution of the City of Shakopee, Minnesota, repealing various personnel policies and adopting a new Personnel Handbook, and move its adoption. [18MEMO] RESOLUTION NO. 4213 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REPEALING VARIOUS PERSONNEL POLICIES AND ADOPTING A NEW PERSONNEL HANDBOOK. WHEREAS, in 1980 the City Council adopted a set of Personnel Policies for its employees; and WHEREAS, since then these Policies have been amended numerous times, and many other policies have been adopted relating to personnel but not included in the packet of Personnel Policies distributed to employees; and WHEREAS, the law of personnel matters has advanced rapidly in the last 14 years; and WHEREAS, the City now desires to adopt a modern Personnel Handbook, clarifying that certain Shakopee employees are at will, and that others are not, and including in one document the many different policies relating to personnel . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the following resolutions are repealed: Res . 1351, Department Head Physicals Res . 1622, General Policies Res. 1913, Hiring City Employees Res. 2143, Severance Pay Res. 2199, Employee Assistance Program Policy Res. 2311, Grievance Procedure re Handicapped Discrimination Res . 2397, City Equipment and Services in Emergencies Res . 2623, Amending the 1986 Pay Schedule Res . 2667, Appeal Committee Res . 2942, Data Practices Act Res. 3098, Vehicle Policy Res . 3226, Amending City' s Policy for City Vehicles • Res . 3242, Drug and Alcohol Testing Res . 3440, Special Leave Without Pay Res . 3487, Policy for City Vehicles Res. 3948, Sick Leave for Spouses And, that the Personnel Handbook, a copy of which is on file with the City Clerk, is hereby adopted. The repeal of the listed resolutions shall become effective as to each employee at the same time the Personnel Handbook applies to each employee, as specified in Section I .D of the Personnel Handbook. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: LM City Attorney [18MEMO] EXPLANATION TO ORDINANCE 415 ORIGINATING DEPARTMENT: Law Department PURPOSE: To rezone West View Seventh Addition from R-2 to Planned Unit Development Overlay Zone No. 2 . REMARKS : Last October the City Council approved a planned unit development for West View Seventh Addition. In reviewing ValleyFair' s planned unit development recently, we discovered that this rezoning was done as a resolution, and not as an ordinance . A planned unit development is a rezoning, which in turn is an amendment to the zoning ordinance. Those amendments must be by ordinance . Under the previous zoning ordinance, it was unclear exactly what a planned unit development was supposed to be. For whatever reason, they were done by resolution. That past practice was carried forward to this planned unit development under the new zoning ordinance . New procedures have been put into place to prevent a reoccurrence of this mistake. ALTERNATIVES : 1 . Adopt the planned unit development ordinance for West View Seventh Addition. 2 . Do not adopt the planned unit development ordinance for West View Seventh Addition. ACTION REQUESTED: Offer Ordinance No. 415, an ordinance amending the zoning map adopted in City Code Sec . 11 . 03 by rezoning land commonly known as West View Seventh Addition from R-2 to Planned Unit Development District No. 2, and move its adoption. Submitted by: 1L City Attorney [2 OMEMO] ORDINANCE NO. 415, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND COMMONLY KNOWN AS WEST VIEW SEVENTH ADDITION FROM R-2 TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 2 . WHEREAS, the owners of the land described on Exhibit A, commonly known as West View 7th Addition, submitted an application requesting rezoning from R-2 to Planned Unit Development; and WHEREAS, notices were duly sent and posted, and a public hearing was held on October 6, 1994, 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 request 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 on Exhibit A, commonly known as West View 7th Addition, from R-2 to Planned Unit Development Overlay Zone No. 2 . Section 2, - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1 . The following variances are approved: A. Section 11 . 26, Subd. 5 .B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Currently, there is 1 structure on the site which contains 6 attached residential units . Since the structure contains party walls, two 10 foot variances are approved for each of Lots 2, 3 , 4, and 5; and one 10 foot variance is approved for Lots 1 and 6 . B. Section 11.26, Subd. 5 .B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District . Since the yard lot lines are proposed to be located 1 foot from the outside of existing end units, two 9 foot variances to this requirement are approved to the 10 foot side yard setback requirement (one for Lot 1 and one for Lot 6) . C. Section 11 .26, Subd. 5 .B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District . As defined by the City Code, the front yard in this instance is adjacent to Sixth Avenue. Therefore, one 15 foot variance is approved to the 30 foot front yard setback requirement . D. Section 11 . 26, Subd. 5 .B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District . Each of the units is located 4 feet from the proposed front lot line of Lots 1 through 6 . Therefore, six 26 foot variances are approved to the 30 foot front yard setback requirement . E. Section 11 . 26, Subd. 5 .B, regarding 30 foot rear yard setback requirement within the R-2 Zoning District . Each of the units is located 16 feet from the proposed rear lot line of Lots 1 through 6 . Therefore, six 14 foot variances are approved to the 30 foot rear yard setback requirement . F. Section 11 . 26, Subd. 5 .B, regarding the 100 foot minimum lot depth within the R-2 Zoning District . The proposed Lots 1 through 6 would measure 48 . 50 feet wide. Therefore, six 51 . 5 foot variances are approved from the minimum lot depth of 100 feet . G. Section 11 .26, Subd. 5 .B, regarding the 60 foot minimum lot width within the R-2 Zoning District. The proposed Lots 1 and 6 would measure 21. 06 feet wide. Therefore, six 38 . 94 foot variances are approved from the 60 foot minimum lot width requirement . H. Section 11 .26, Subd. 5 .B, regarding the 60 foot minimum lot width within the R-2 Zoning District . The proposed Lots 2 through 5 would measure 16 feet wide. Therefore, four 44 foot variances are approved from the 60 foot minimum lot width requirement . I . Section 11 .26, Subd. 5 .B, regarding the 9, 000 square foot minimum lot area within the R-2 Zoning District . The proposed Lots 1 and 2 would measure 1, 021.4 square feet in size; and the proposed Lots 2, 3 , 4, and 5 would measure 776 square feet in size. Therefore, two 7, 978 . 6 square foot variances are approved (for Lots 1 and 2) ; and four 8, 224 square foot variances are approved (for each of Lots 2, 3, 4, and 5) from the 9, 000 square foot minimum lot area requirement . 2 . The following design changes will be required: A. Ten (10) foot wide drainage and utility easements along the perimeter of the site shall be provided. These easements shall be shown on the Preliminary and Final Plat drawings . -2- B. Five (5) foot wide utility easements on each side of the common lot lines on the westerly portion of the lots between Lot 1 and Lot 2; Lot 3 and Lot 4; and Lot 5 and Lot 6, shall be provided for all existing natural gas service lines. These easements shall be shown on the Preliminary and Final Plat drawings . 3 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The developer shall provide the City with a copy of covenants, including the homeowner' s association provisions for the PUD. The Homeowner' s Association documents must provide adequate protection to the City, as determined by the City Attorney. The covenants and homeowner' s association provisions must be reviewed and approved by the City Attorney. C. The homeowners association will be responsible for maintenance of the private common water facilities, and maintenance shall comply with the requirements established by the Shakopee Public Utilities Commission. The Homeowner' s Association shall bill each of the tenants for their water usage. 4 . Approval of the Preliminary and Final Planned Unit Development is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. 5 . The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development . Section 3 - Effective Date. This ordinance is effective from and after October 18, 1994 . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . MaYtY or off' e C' of Shakopee Attest : City Clerk Approved as to form: : /1_17.) -)4/ City Attorney Published in the Shakopee Vall@yNews on the day of , 1995 . [19MEMO] -3- EXHIBIT A Lot 1, Block 1, West View 1st Addition to the City of Shakopee, Minnesota, also known as West View 7th Addition to the City of Shakopee, Scott County, Minnesota. l MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 61;0 SUBJECT: Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 DATE: May 2, 1995 INTRODUCTION: Attached is Resolution No. 4193, ordering an improvement and the preparation of plans and specifications for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6. BACKGROUND: On October 18, 1994, the City Council of Shakopee ordered the preparation of a feasibility report for the construction of Vierling Drive. This feasibility report was ordered based on a petition received by Gold Nugget Development, the developer of Meadows West. The feasibility report was completed and submitted to City Council on February 21, 1995. A public hearing was held on March 21, 1995 and public testimony received on the proposed improvements. The project has two benefitting properties - Gold Nugget Development and the School District. At the hearing, staff presented an amended cost estimate to correct errors made in the right-of-way boundary which affected the storm sewer and sidewalk assessments to Gold Nugget Development. Initially the Vierling Drive right-of-way east of the Upper Valley Drainageway Project (U.V.D.P.) was thought to be in the plat of Meadows West. Upon rechecking the boundaries, it was discovered that Vierling Drive right-of-way was on the School District's property, thus the adjustments of storm sewer and sidewalk assessments and right-of- way acquisition costs. The petitioner of the project had sent a letter to staff with five objections. The main objection was with the proposed assessment for the box culvert crossing of the U.V.D.P. Mr. Fleck of Gold Nugget Development did receive a letter from Mn/DOT appraiser stating that he was not to be assessed. Staff requested that public testimony be received on this project and table any action on Resolution No. 4193 pending further research by staff on the box culvert issue. The petitioner of the project also was unsure on whether to proceed with the project or not. 1 Staff has researched the box culvert issue from previous Council meetings and correspondence and has determined the following: 1. The City of Shakopee has designed and constructed drainage facility improvements (box culverts) without cost to the adjacent properties for only existing in-place systems. These facilities are located on existing roadways such as County and State highways and local roads such as 4th Avenue. 2. The Council had an unwritten policy that future box culverts for new roadways due to development will be borne by the developer. Council policy on future box culvert crossings was due to the fact that the Upper Valley Drainageway Project was paid by the City and not assessed to benefitting properties. 3. To date, only the box culvert crossing of a City street is located under Vierling Drive between C.R. 79 and C.R. 17. This crossing was installed to accommodate new development. The developer, Gold Nugget, constructed the drainageway and dedicated the right-of-way in the Meadows Plat. The cost of constructing the drainageway was roughly equivalent to the cost of the box culvert crossing and thus the City Council did not assess the box culvert crossing. 4. There are four potential future box culvert crossings for new local streets (see attached map). A. Vierling Drive, between C.R. 15 and C.R. 77 located in Lions Park. B. Vierling Drive, between C.R. 77 and C.R. 79 in the Meadows West Plat. C. Prairie Lane, between CSAH 17 and Vierling Drive. D. Sarazin Street, between C.R. 16 and 4th Avenue. 5. The box culvert crossings for Vierling Drive and Sarazin Street are on local collector streets. Prairie Lane is a 36' wide local street serving residential property. 6. The City's current Special Assessment Policy for collector streets is that adjacent properties will be assessed the 36' local street equivalent for the collector street. 7. The U.V.D.P. improvement existed before the proposed streets with culvert crossings. 8. Property owners were reimbursed for U.V.D.P. right-of-way. 2 Previous property owners of land where the Sarazin Street box culvert crossing is located were reimbursed for a crossing by the condemnation award. A letter which is attached from Jim Johnston of Sienna Corporation, developer of Prairie Bend, on the City's box culvert assessment policy states that the reimbursement cost for a crossing from condemnation is estimated to be $44,000.00. Staff has recommended in a previous memo that a clear written policy be developed to address all proposed, and future crossings of the U.V.D.P. Staff would propose the following four options: 1. Box culvert crossings of the Upper Valley Drainageway (U.V.D.) due to development will be born by the developer regardless of length and size of crossing. 2. Box culvert crossings of the U.V.D. due to development will be assessed to the developer, the 36' local street equivalent for the box culvert. The additional length of culvert needed for collector street oversizing will be paid by the City. 3. Box culvert crossings of the U.V.D. due to development will be assessed the 36' local street equivalent for the box culvert to the benefitting properties within the project area. The additional length of culvert needed for collector street oversizing will be paid by the City. 4. Box culvert crossings of the U.V.D. and on collector streets due to development will be assessed to the developer at a percentage of local street width to collector street width of the box culvert cost. Cost not assessed will be paid by the City. Policy Option No. 1 is the current policy in regards to box culvert crossings on new streets. Policy Option No. 2 would assess the cost of the culvert length needed for a 36' local street. Additional culvert length needed for street oversizing is proposed to be paid by the City using either State Aid Funds or Storm Water Utility Funds. Policy Option No. 3 would assess the cost of a culvert needed for a 36' local street as part of the street assessment and assess the benefitting properties within the project area. Additional culvert length needed for street oversizing would be paid by the City similar to Option No. 2. This option would require a new public hearing for the Vierling Drive (C.R. 77 to C.R. 79) improvement project. The Sarazin Street improvement project is currently under contract for construction, thus a new public hearing cannot be held. 3 Policy Option No. 4 would assess the culvert cost based on a percentage of local street width to collector street width. This option was proposed by Horst Graser of Gold Nugget Development. For the four options presented, the cost impacts to the developer and the City for the box culvert on Vierling Drive are as follows: Gold Nugget Development City School District Option No. 1 $92,977.50 $ -0- $ -0- Option No. 2 $85,977.50 $ 7,000.00 $ -0- Option No. 3 $66,984.45 $ 7,000.00 $18,989.70 Option No. 4 $66,943.80 $26,033.70 $ -0- On Policy Option No. 2 the City pays for the additional length needed for street oversizing which is consistent with the collector street assessment policy. Assessing the 36' local street equivalent box culvert cost to the developer is consistent with previous Council policy. This policy should apply to all street collectors with box culverts including Sarazin Street and this policy would apply for the box culvert crossing on Vierling Drive between C.R. 15 and C.R. 77 even though the crossing is in the City's Lions Park. The undeveloped land between C.R. 15 and C.R. 77 and south of the U.V.D. and north of the Shakopee Bypass will need the Vierling Drive connection to C.R. 15 in order to develop. Option No. 3 is where the box culvert for a 36' local street is considered a part of the street cost and assessed to the benefitting properties and the additional length needed for collector street oversizing is paid by the City. This policy is consistent with the City's Assessment Policy and distributes the cost of the box culvert throughout the length of the street segment proposed to be built. In order to implement this policy for Vierling Drive, another public hearing would be necessary. For the remaining four box culvert locations in the City currently, this policy would only apply to the Vierling Drive box culverts. Sarazin Street is under contract and a new public hearing could not be held and Prairie Lane is a local street, thus the cost will be born 100% by the developer. For the Vierling Drive Project between C.R. 77 and C.R. 79, the developer is pursuing severance damages for a culvert crossing from Mn/DOT. In order to move forward on this project, staff would recommend obtaining the following: 1. Waiver of Assessment Appeal from Gold Nugget. 2. Right-of Way dedication for Vierling Drive within Meadows West Plat or assurances provided to the City. 4 ALTERNATIVES: 1. Adopt Resolution No. 4193, which orders plans and specifications prepared for this project as recommended by the feasibility report and as modified by Council contingent upon a waiver of assessment appeal and dedication of right-of-way by Gold Nugget Development. 2. Deny Resolution No. 4193 for a specific reason. 3. Table Resolution No. 4193 for additional information from staff. 4. Adopt a policy for the assessing of box culvert crossings of the Upper Valley Drainageway. 5. Do not adopt a policy. RECOMMENDATION: Staff recommends Alternative No. 1, to order plans and specifications prepared for Vierling Drive, from County Road 79 to County Road 77, however, this recommendation is contingent upon the willingness of the petitioner to proceed with the project. At this time, Gold Nugget Development has indicated that they do not want to proceed. If the developer does not want to proceed, the Council should not approve the project unless a waiver of assessment appeal and right-of-way dedication is given by Gold Nugget Development. Staff would recommend Council approve a policy on box culverts with the City paying for a portion of the box culvert due to collector street oversizing. Policy Option No. 2 should be adopted at a minimum with consideration given to Option No.'s 3 or 4 in order to keep this project moving forward. Staff has prepared a resolution ordering a new public hearing on Vierling Drive if Option No. 3 is preferred by Council. ACTION REQUESTED: 1. Move to remove Resolution No. 4193 from the table. 2. Offer Resolution No. 4193, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption. 3. Provide direction to staff in regard to a policy for assessing box culvert crossings of the Upper Valley Drainageway, and direct staff to prepare an appropriate resolution amending the Special Assessment Policy. BL/pmp MEM4193 5 /- i \ , r_, __ \ ,„„,„,,\ � ,„., w �Q Nd0>< U 1 ~Q a.m ,,,, \ _If q Cli o ctq ,___, -\I L _11\ .1'.11K0 Fi • w 1 J 0 a. M IX Ili 7--- - 11 D airo Lt 21'O l m � \ z ,‘ . 1\IDo p o T p 14. x -(1131M\r41 n FE-i tm�� - li ,1301 Q]®� T HiL I -47m� a I It I I f i---1 r Ilkiiiiw cE1;16---- -1-- wx 6.Cmmmmm�MmIllt. II tadigkE0051t=0mgm® o� ,,, `a/4c> ;���Tom qma j W ce r��TiAwno5D,F- Z cx CDS ��mmmm�T I mV1 mm� I �-+� mCJJ�I m U `� w a . 11. 111V If g 1 '8'0 k ___... ..41,65 ____Gira \k' M' ,—\-11-1L —ill iNk C�� es-\ \ t - u r Tt Suite 608.4940 Viking Drive•Minneapolis,Minnesota 55435.612-835-2808 COPPORATON April 4, 1995 Mr. Bruce Loney, P.E. • Director of Public Works r, City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: Upper Valley Drainageway Crossings ` Dear Bruce: I wanted to follow up on the Council's March 21, 1995 discussion with Gold Nugget on Drainageway bridge assessment policy. Based on the proposed impacts of the policy to Prairie Bend and recently gained information not available to me last fall, I'd like to offer the following comments: 1. We believe the current policy of 100% payment by developers for bridge construction is anomalous and totally inconsistent with the comparable assessment policy for collector streets because it totally fails to recognize the City-wide benefit of a collector street system. Clearly, a residential equivalent is also appropriate to apply to Drainageway bridge crossings. 2. The construction design of the crossings has assumed the proportion of a major public works investment and no longer merely is a culvert with flared end sections but a bridge with poured concrete endwalls. Consequently, its costs have escalated to the point where they are not bearable by any single residential development and certainly exceed the needs of a residential neighborhood. 3. The current system fails to recognize the increases in construction costs the further the bridge is downstream. The financial impact of adding an additional barrel as flows increase is rather significant. 4. In the case of Prairie Bend, where the Lenzmeier's were paid for a crossing in their condemnation settlement, we were comfortable with the concept of Prairie Bend paying for the Sarazin bridge. However, after a good deal of difficulty, Planners • Developers • Contractors we have been able to determine that the amount paid to the Lenzmier's was in the range of $44,000, while the current projected cost of the bridge is nearly $170,000, a 70% increase over the 1994 feasibility report estimate. Please review the attached appraisal report. 5. Lastly, the appearance of the Drainageway and accompanying 48 foot wide collector and bridge bring no aesthetic or liveability positives to a residential neighborhood. They become facts of life for our residents, but we reject them as deserving of the high cost impacts they bring to the retail lot prices. Frankly, we want to get on with the business of residential development and look forward to the installation of water and sewer to serve Prairie Bend as soon as possible. Sienna does not want to be labeled as a whiner and has fully accepted its lumps over the past 20 years. However, the current Drainageway bridge crossing policy is truly unfair and we urge you and the Council to revisit this issue and spread the cost to the entire benefitted public consistent with other assessment policies. Thank you for listening. Sincer"eTy"; James,W.fohnstorr' Project Manager 4� %' RESOLUTION NO. 4193 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS, Resolution No. 4175, adopted on February 21, 1995, fixed a date for Council hearing on the proposed improvement of Vierling Drive, from County Road 79 to County Road 77 by pavement, curb & gutter, storm sewer, sidewalk and appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21st day of March, 1995, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Vierling Drive, from County Road 79 to County Road 77 by addition of pavement, curb & gutter, storm sewer, sidewalk and appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney l u C RESOLUTION NO. 4216 A Resolution Calling A Hearing On An Improvement To Vierling Drive, Between County Road 79 And County Road 77 Project No. 1995-6 'WHEREAS, pursuant to Resolution No. 4104 of the City Council adopted October 18, 1994, a report has been prepared by the City Engineer, with reference to the improvement of Vierling Drive, between County Road 79 and County Road 77 by street (including curb & gutter and box culverts), storm sewer, sidewalk, and appurtenant work and this report was received by the Council on February 21, 1995. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, between County Road 79 and County Road 77 by street (including curb & gutter and box culverts), storm sewer, sidewalk, and appurtenant work in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$520,126.70. 2. A public hearing shall be held on such proposed improvements on the 6th day of June, 1995, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota,and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1995-6 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney l 4/ aC MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director AS SUBJECT: Assessment Hearing for V.I.P. Sewer Extension from County Road 79 to Jefferson Street DATE: May 2, 1995 INTRODUCTION: Attached is Resolution No. 4210 which declares the cost to be assessed and orders the preparation of proposed assessments and sets a public hearing date for the proposed assessments. BACKGROUND: Staff had presented Resolution No. 4210 for Council adoption at the April 18, 1995 Council meeting. This resolution was not adopted as the City of Shakopee's costs for the Rahr Forcemain work did not identify the use of T.I.F. Funds. A Council motion adopted on April 6, 1993 was for the use of T.I.F. Funds on the Rahr Forcemain. Resolution No. 4210 has been modified to identify the City of Shakopee's cost amounts to the T.I.F. and Sanitary Sewer Enterprise Funds. Since the April 18, 1995 Council meeting, staff has discovered one item which affects the cost to be assessed for the VIP Sewer Extension as follows: • P & V Addition's Assessments The P & V Additions that were recently annexed into Shakopee has a negotiated agreement which limits the assessments to P & V residents to $8,000.00 per lot. The assessment is for the sanitary sewer, watermain, and street improvements which are currently being designed for the properties within the P & V Subdivisions. The V.I.P. assessment amount for the P & V Subdivision is $9,575.86 or $252.00 per lot. Staff is convinced that the sanitary sewer, watermain and street improvements within the P & V Subdivisions will be over $8,000.00 per lot. Previous estimates have estimated the cost per lot to be over $11,000.00 per lot for P & V improvements. Council has three alternatives in regards to the P& V area assessments for the V.I.P. trunk sewer: 1. Assess P & V Subdivisions for the V.I.P. and consider this assessment outside of agreement which limits the assessment amount per lot. 2. Assess P &V Subdivisions for V.I.P. and subtract this amount from the $8,000.00 per lot assessment on sewer, watermain and street improvements within the P & V Subdivisions. 3. Remove the P & V Subdivisions from the V.I.P. assessment area. Attached is Resolution No. 4210 which declares the costs to be assessed, identifies City costs and sets the date for the public hearing for June 6, 1995. This resolution would supersede the Council's previous motion on setting the public hearing for May 16, 1995. ALTERNATIVES: 1. Adopt Resolution No. 4210, with cost to be assessed excluding P &V Subdivision's area. 2. Revise Resolution No. 4210, to include P & V Subdivisions and revise cost to be assessed. 3. Deny Resolution No. 4210. RECOMMENDATION: Staff recommends Alternative No. 1, to declare a cost to be assessed excluding the P & V Subdivisions as a prior agreement limits the assessments to $8,000.00 per lot. This assessment amount will be realized with the installation of sanitary sewer, watermain, and street improvements within the P & V Subdivisions. ACTION REQUESTED: Offer Resolution No. 4210, A Resolution Declaring the Cost to be Assessed and Ordering the preparation of Proposed Assessments for the V.I.P. Interceptor Extension from County Road 79 to the West Corporate Limits, Project No 1992-9; Rahr Forcemain, Project No. 1993-1 and Rahr Service Line, Project No. 1994-8 and move its adoption. BL/pmp MEM4210 . N \ f 1 1P7-''''' ..K ST. ,c -\,, ; •.....•..••••❖•' �`I f (JT''.dRI 1.1 �• JUN'H. ��f tin. Aiiiiiissi:iiiim:km F . , ; N, I .................................,... .:.:„ ,,tk, I I��� %.,. • S % , • Fil tlil.-1 : - ;. . ,A. 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' RESOLUTION NO. 4210 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The V.I.P. Interceptor Extension From County Road 79 To The West Corporate Limits, Rahr Forcemain And The Rahr Malting Service Line Project No.'s 1992-9, 1993-1 And 1994-8 WHEREAS, a contract has been let for the improvement of: the V.I.P. Interceptor by extending from County Road 79 to the West Corporate Limits and addition of a sanitary sewer service line to the Rahr Malting Co. and the contract price for such improvements is $521,308.00, the construction contingency amounts to $2,538.09 and the expenses incurred or to be incurred in the making of such improvements amounts to $190,471.96, so that the total cost of the improvements will be $714,318.05. Of this cost the City of Shakopee will pay $366,581.30 as its share of the cost. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $347,741.75 with remaining portion of the cost to be paid by the City's T.I.F. Fund and Sanitary Sewer Enterprise Fund in the amount of $304,760.30 and $61,816.00, respectively. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 6th day of June, 1995, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: County Road 16 Sanitary Sewer & ater Services, Project No.'s 1994-11 and 1995-3 DATE: May 2, 1995 INTRODUCTION: Attached is Resolution No. 4214, a resolution approving plans and specifications and ordering advertisement for bids for the County Road 16 Sanitary Sewer & Water Services, from County Road 17 to County Road 83, Project No.'s 1994-11 and 1995-3. BACKGROUND: On June 21, 1994 and on February 7, 1995, the City Council ordered the preparation of plans and specifications for sanitary sewer and water services to serve properties along the County Road 16 corridor. This project was initiated by the City in response to the County proposal to improve County Road 16 in 1995. On September 20, 1994, the City Council approved a consultant contract with Orr-Schelen- Mayeron & Assoc. (OSM) to provide engineering design services for this project. The design has been completed, and has been reviewed by staff and Shakopee Public Utilities Commission. Staff is recommending that the plans and specifications be approved in order to begin the bidding process. According to the 429 Statute, a project must be under contract within one year of the public hearing ordering the project. This project was ordered on June 21, 1994, and must be under contract by June 21, 1995, otherwise another public hearing must be held. ALTERNATIVES: 1. Adopt Resolution No. 4214, a resolution approving plans and specifications and ordering advertisement for bids for the County Road 16 Sanitary Sewer and Water Services, Project No.'s 1994-11 and 1995-3. 2. Deny Resolution No. 4214. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4214, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the County Road 16 Sanitary Sewer and Water Services, from County Road 17 to County Road 83, Project No.'s 1994-11 and 1995-3, and move its adoption. RESOLUTION NO. 4214 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For County Road 16 Sanitary Sewer And Water Services From County Road 17 To County Road 83 Project No.'s 1994-11 And 1995-3 WHEREAS,pursuant to Resolution No. 4026 adopted by City Council on June 21, 1994 and Resolution No. 4168 adopted by City Council on February 7, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of County Road 16, from County Road 17 to County Road 83 by installation of sanitary sewer and water services and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Premises Permit for Lion' s Club of Shakopee DATE: May 1, 1995 INTRODUCTION & BACKGROUND: The Lion' s Club of Shakopee desires to renew their premise permit to sell pull tabs at Jerry's Bar, 124 South Holmes Street . They meet the requirements of the City Code relating to gambling. RECOMMENDED ACTION: Offer Resolution No. 4215, A Resolution of the City of Shakopee, Minnesota, Approving Premise Permit for the Lion' s Club of Shakopee, and move its adoption. RESOLUTION NO. 4215 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR THE LION'S CLUB OF SHAKOPEE WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Lion' s Club of Shakopee is seeking renewal of their Premises Permit at Jerry's Bar, 124 South Holmes Street, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Premise Permit for the Lion's Club of Shakopee, at Jerry' s Bar, 124 South Holmes Street, Shakopee, Minnesota, be approved. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of May, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney lsa. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Premises Permit for Lion' s Club of Shakopee DATE: May 1, 1995 INTRODUCTION & BACKGROUND: The Lion' s Club of Shakopee desires to renew their premise permit to sell pull tabs at Jerry's Bar, 124 South Holmes Street . They meet the requirements of the City Code relating to gambling. RECOMMENDED ACTION: Offer Resolution No. 4215, A Resolution of the City of Shakopee, Minnesota, Approving Premise Permit for the Lion' s Club of Shakopee, and move its adoption. MEMORANDUM TO: Dave Hutton, Director of Public Works FROM: Karen Marty, City Attorney DATE: August 20, 1992 • RE: Sidewalk Liability Case On August 14, 1992, Finance and Commerce reported the new case of Marhula v. Bass, a case where Marhula was injured when she was struck by a pickup truck as she walked home from school. She sued the City, alleging it was negligent in failing to install a sidewalk or school speed zone at the location of the accident. The City tried to get out of the case, saying it had discretionary immunity for its decisions as to building sidewalks and establishing school speed zones. The Court disagreed. (This case only deals with the issue of immunity,__and whether the_ City has to pay anything at all. Since the City lost here, it will probably settle and have to pay something for not having a sidewalk or school speed zone. ) We will want to keep in mind that the Court is narrowing the instances wherein we can claim that we were making a policy-level decision, rather than an operational-level decision. Signedi%' 6j/j Karen Marty, City 'Attorney KEM:bjm (' (20MEMO] cc: Dennis Kraft MEMORANDUM TO: Karen Marty, City Attorney FROM: Mark Erickson, Asst . City Attorney DATE : May 2, 1995 RE: Link v. Shakopee Public Utilities and City of Shakopee If you remember, a while back Clete Link sued the City and SPUC in Conciliation Court because he had to put in a waterline to a fire hydrant for his development . The Court decided in our favor. The judge did not indicate his reasons but simply found there were no damages . The time for appeal was yesterday and to my knowledge we have not been served with any papers . UCF-9(SCAO 6/93)Judgment and Notice of Judgment Minn.Gen.R.Prac.514 State of Minnesota Conciliation Court COUNTYa791-- JUDICIAL DISTR`/���e9b,/ N0. n DRESS t „ax.40,....... r. NAME AND ADDRESS N l / m Plaintiff Plaintiff Z #1 F2 0 ZIP ZIP , n. "ADDRESS NA. �r • �sRESS / t DeDefend=ldliti IP Y Defendant NJ ZIP ZIP Appearances:)a Plaintiff X Defendant ❑ Neither Party %Contested 0 Default Upon evidence received, IT IS HEREBY ORDERED: 2 0 is entitled to judgment against 4for the sum of $ , plus fees of$ , disbursements of$ , and conditional costs of $ , fora total of$ r) ❑ judgment shall be entered in favor of (without damages). ❑ 's claim is dismissed without prejudice. ORDER Fos ❑ 's claim is dismissed with prejudice. JUDGMENT ON CLAIM AND Elshall immediately return COUNTER CLAIM to the , and that the Sheriff of the county in which the property is located is authorized and directed to effect repossession of such property according to M.S. § 491A.01 subd.5, and turn the property over to ❑ Other / ❑ Memo Dated: 9- 7-cJJudge: .0-4-4 f2-4 6215, I JUDGMENT is hereby declared and entered as stated in the Court's Order for Judgment set forth above, and the JUDGMENT judgment shall om�efinally effective on the date specified in the notice of judgment set forth b ow. Dated: ,�_ ?` . Court Administrator/Deputy: misimmemr THE PAR'S ARE HEREBY notified that Judgment has een entered as indicated above,but the Judgment is stayed by law until v �/—325— i p.m.(to allow time for an appeal/removal if desired). NOTICE OF DATE TIME JUDGMENT THE PARTIES ARE RTHER NO J it-1tD that if the cause is removed to district court and the removing party does not prevail as provided in Rule 524 of the M. esota General Rules of Practice for the District Courts,the opposing party will be awarded$50 a ts. Dated: . — /— . Court Administrator/Deputy: I certify tilt the above is a correct transcript of the Judgment entered by this Court. TRANSCRIPT OP JUDGMENT Dated: Court Administrator/Deputy: �PYI In!Al