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06/20/1995
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: June 2, 1995 1. Valleyfair has received a fireworks permit for 2 1/2 months from June 12th thru August 27th. Fireworks were included in their PUD. 2. Attached is correspondence from Paragon Cable regarding the newly designated channels for the public, educational, and government access channels. 3. Attached is the Building Activity Report for May, 1995. 4. Attached is correspondence from the Assistant City Administrator to the Shakopee CAP Agency and to Ms. Diane Utz,Property Manager at the Shakopee Sr. Highrise regarding cleaning services. 5. Attached is the Police Newsletter for Council review. 6. Attached are the June 8, 1995 minutes of the Planning Commission and Board of Adjustment and Appeals meetings. 7. Attached are the minutes from the Board of Review meeting. 8. Attached is a memorandum from the City Attorney regarding the Lebens-Link Lawsuit. 9. Attached is a memorandum from the City Attorney regarding the Criminal Court Charts for May. 10. Attached is a News Release from MnDOT regarding road work. 11. Attached are the Revenue and Expenditure Reports as of May 31, 1995. PARAGON CA BL E M IN N E S O T A June 2, 1995 Mr. Barry Stock Assistant City Manager City of Shakopee 129 Holmes Street South Shakopee, MN. 55379 Dear Barry; As you and I discussed, the following is a list of the newly designated channels for the public, educational, and government access channels carried on the Shakopee cable system. The changes are to be effective with the general channel realignment and channel additions which will occur on June 27, 1995. Channel 32 Educational Access Channel 33 Public Access Channel 34 Government Access The locations listed match those of the similar channels in Chaska, and generally those in our other service areas. Customers have been notified of the changes in a mailer they should have received on or about May 27. The initial notification will be followed by a new line up card prior to the changes, and new remote control line up stickers in their bills. As always, please call me if you have questions. Best Regards, � .� �'; Cda-;: liainmerstro iD for of Nortel Operations c: Shakopee Cable Commission Paul Ryan, Shakopee Public Access Ron Ward, Shakopee Public Schools 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company 43 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MAY 1995 May 1995 May 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 8 27 2 , 684 , 406 14 61 5, 486, 467 Single Family-Septic 3 7 1, 292 , 858 5 11 2 , 284 , 089 Multiple Dwellings - 4 1, 668 , 409 - 3 882 , 404 (# Units) (YTD Units) (-) (24) - (-) (12) - Dwelling Additions 42 73 297 , 386 28 54 206, 663 Other 2 3 20, 200 6 12 831, 828 New Comm. Bldgs - 3 4 , 790, 000 1 6 905, 716 Comm. Bldg. Addns. - 1 35, 000 - 2 250, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - 3 3 805, 000 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 8 13 144, 896 6 15 118, 621 Signs & Fences 11 35 99,709 27 50 57 , 752 Fireplaces/Wood Stoves - 3 4 , 200 - 6 12 , 863 Grading/Foundation 3 5 763 , 145 2 7 359 , 070 Moving - 1 - - 1 - Razing - 10 25, 985 1 3 11, 150 Remodeling (Res. ) 7 32 333 , 609 6 20 114, 257 Remodeling (Comm/Ind. ) 4 18 654 , 818 5 17 1, 333 , 600 TOTAL 88 235 12 , 814 , 621 104 271 13 , 659 , 480 No. YTD. No. YTD. Electrical 47 204 55 200 Plumbing & Heating 62 179 61 261 Total dwelling units in City after completion of all construction permitted to date 5, 252 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MAY, 1995 11145 Robert Johnson 1260 Sapphire Lane Deck 1,680 11146 Thomas Schmidt 1922 E. 11th Avenue Garage 8,448 11147 Jason Steffens 1347 Primrose Lane Deck 2,296 11148 Steven Remer 1210 Clover Court Deck 1,568 11149 Patrick Stoltzman 718 Mound Street Deck 1,960 11150 Steve Weierke 748 Dakota Circle Deck 2,000 11151 Pump & Meter Service 1245 Shakopee Avenue Tanks 7,000 11152 David Jernander 1554 Monarch Street House 95,914 L 10 B 3, Homestead Ridge 1st 11153 Troy Scott 1420 Prairie Lane Deck 2,000 11154 Charles Fonder 1167 Madison Street Deck 1,800 11155 Attracta Sign 1583 East 1st Avenue Sign 7,000 11156 Universal Signs 2187 East Highway 101 Signs 14,600 11157 Tom Severson 737 West 6th Avenue Deck 900 11158 Barbara Diethelm 2548 C. R. 42 Addition 63,672 11159 Michael Menke 2118 Wood Duck Trail House 130,000 L 3 B 3, Maple Trail Estates 1st 11160 Gerry Dennis 1120 Polk Street Fence 2,500 11161 Hans Case 210 So. Holmes Garage 17,472 11162 Clifford Stafford 2328 Eagle Creek Boulevard Fence 5,000 11163 King Homes 509 Market Street House 82,573 L 2 B 11, Milwaukee Manor 11164 Donald Jeurissen 3751 C. R. 79 Garage 9,152 11165 Brian Bjerke 1501 Roundhouse Circle Fence 350 11166 Christians Inc. 528 East Shakopee Avenue Repair 35,000 11167 Danbury Homes 2255 Promise Avenue House 205,000 L 1 B 1, Dominion Hills 11168 Mark Gilbertson 9326 Boiling Springs Lane Grading 145 11169 Keith Fermanich 8267 Horizon Drive Deck 2,940 11170 Harold Schneider 1870 Canterbury Road Addition 23,805 11171 Greg Skluzacek 1278 Polk Street Deck 1, 540 11172 Carol Glynn 874 Minnesota Street Windows 3,200 11173 Raymond Dassrath 526 Minnesota Street Deck 1,792 11174 Randy Weckman 907 Scott Street Gazebo 850 11175 Viking Construction 232 So. Marschall Road Remodel 7,600 11176 Gold Nugget Development Meadows 2nd & 3rd Addn. Grading 175,000 11177 Novak Fleck 329 Alexander Court House 86,331 L 13 B 3, Meadows West 1st 11178 Larry Beach Const. 1404 Monarch Street House 97,000 L 1 B 3, Homestead Ridge 1st 11179 Harold Fox 1029 Dakota Street Storage Bldg. 2,240 11180 Void 11181 Meadow Wood Builders 1495 Monarch Street House 165,000 L 4 B 2, Homestead Ridge 1st 11182 McKnight & Assoc. 924 Vista Ridge Lane House 165,000 L 2 B 3, Westridge Lake Estates 11183 Terry McNeal 124 So. Holmes Remodel 10,000 11184 Kenneth Nofftz 1160 Polk Street Deck 1,792 11185 Todd Jackson 1696 Primrose Lane Fence 4,500 11186 David VanEyll 1975 Hilldale Drive Storage Shed 12,544 11187 Allan Maxa 706 Holmes Street Garage 9,984 11188 Deutsch Const. 1424 Monarch Street House 135,043 L 2 B 3, Homestead Ridge 1st 11189 Curt Rolland 966 Goldenrod Lane Deck 1,200 11190 Olympic Pools 135 So. Atwood Reroof 11,395 11191 Greg Muelken 2165 Heritage Drive Remodel 9,295 11192 Scot Pauly 1463 Sage Court Deck 1,512 11193 Mark Schwertfeger 2483 Emerald Lane Deck 2,500 11194 Theodore Fontaine 1945 Granite Drive Deck 1,680 11195 Darren Redetzke 744 Cortland Circle Deck 2,856 11196 Quality Pools 8434 Horizon Drive Pool 13,000 11197 Todd Bock 1118 Heritage Drive East Deck 1,764 11198 Jamie Andreasen 1985 Granite Drive Deck 1,176 11199 Anthony Boys 1486 Primrose Lane Deck 1,792 11200 Russell Madren 1658 Thistle Lane Deck 1,568 11201 Tim Rowley 1278 Sage Lane Fence 6,000 11202 Al Diller 2134 Bridge Crossing Porch 3,360 11203 Robert Nead 303 East 4th Avenue Deck/Fence 400 11204 Tom Severson 1722 Presidential Circle Deck 2,200 11205 William Beebe 1800 Granite Drive Deck 2,016 11206 Ron Schwaesdall 638 Menke Avenue Remodel 13,514 11207 Kirk Rickert 1127 Heritage Drive East Deck 1,750 11208 Calvary United 2488 Vierling Drive East Garage 13,824 11209 Dean Frick 1382 Thistle Lane Fence 2,000 11210 Deutsch Construction 1408 Homestead Way House 95,000 L 1 B 2, Homestead Way 1st 11211 Alan Geis 910 Pierce Street Garage 17,280 11212 John Theis 1775 Montecito Drive Deck 1,344 11213 Schmidt Building 2206 Eagle Creek Boulevard Repair 85,000 11214 Janice Lallak 529 East 3rd Avenue Deck 1,440 11215 Pat Scott 1298 Sage Lane Fence 1,000 11216 Jeffery Temp 1758 Thistle Lane Fence 500 11217 Steve Goodwin 2531 Onyx Drive Deck 2,000 11218 Greystone Constucion 1255 Fuller Street Grading 240,000 11219 John Sexton Const. 1103 Shawmut Street Remodel 10,915 11220 Monnens Custom Bldrs. 1504 Monarch Street House 125,000 L 8 B 3, Homestead Ridge 1st 11221 Rick Sames 228 East 4th Avenue Dormers 14,000 11222 Randy Geiser 1448 Thistle Lane Deck 1,862 11223 Larry Wright 1298 Heritage Drive East Porch/Deck 5,000 11224 John McReynolds 3240 Marschall Road Deck 2,000 11225 Bruce Wolf 1057 Stonebrooke Drive Deck 1,200 11226 Tommy Johnson 8621 McGuire Court Deck 2,688 11227 Superior Roofing 240 So. Shumway Street Reroof 81,255 11228 Ron Huntington 2109 Heritage Drive Deck 1, 120 11229 Martha Gregus 1069 Van Buren Deck 970 11230 Eric Johnson 1404 Primrose Lane Deck 1,680 11231 Leonard Robinson 1651 Primrose Lane Deck 2,996 11232 Ryan Contracting 8700 13th Avenue East Sign 1,000 11233 Mitch Kirchoff 1256 Ruby Lane Deck 2, 500 Total: $2,396,743 # y WILAI SHAKOPEE June 8, 1995 Joan Lynch Shakopee CAP Agency 1257 Marschall Road Shakopee, MN 55379 Dear Ms. Lynch: I have had several conversations with Ms. Diane Utz, Property Manager for the Shakopee Senior Highrise congregate dining facility. The City has informed Bergstad Properties that the cleaning arrangement by and between the City of Shakopee and Bergstad Properties for the congregate dining area including the dining room, office, rest rooms and hall area has been terminated. It is my understanding that the CAP Agency is willing to perform these services for the facility. The City of Shakopee had previously compensated Bergstad Property for the cleaning services as noted herein. In order to compensate the CAP Agency for the cleaning services, an agreement by and between the City of Shakopee and CAP Agency for the cleaning services will need to be drafted and City Council approval will be needed to execute the agreement accordingly. I have requested the Shakopee City Attorney to prepare an agreement for City Council consideration on June 20, 1995. The proposed cleaning agreement will mirror the agreement by and between the City of Shakopee and Bergstad Properties for leasing the congregate dining facility space in terms of contract duration. The proposed level of compensation for the cleaning services will be $ 260.00 per mo. This amount is equivalent to what the City has been compensating Bergstad Properties for the cleaning services. If you have any questions or require additional information, please feel free to call me. Sincerely, Barry A. Stock Asst. City Administrator BAS:trw COMM r'JI 1 Y PRIDE SINCE 1857 129 Holmes Street South Shakopee,Alumesota ;;37°-1351 612-44;-3oaf1 F:a\ 612-44;-6718 SHAKOPEE June 8, 1995 Ms. Diane Utz, Property Manager Shakopee Senior Highrise 200 Levee Drive Shakopee, MN 55379 RE: Letter of Understanding- Cleaning Services Dear Diane: I have received your letter of understanding with respect to allowing the CAP Agency of Shakopee to provide the cleaning services for the congregate dining facility at Levee Drive Apartments. The cleaning would consist of the dining room area, office, rest rooms and hall area. The proposal as outlined in the letter of understanding is acceptable to the City of Shakopee. Therefore,previous cleaning arrangements by and between the City of Shakopee and Bergstad Properties are hereby terminated. If you have any questions regarding the cleaning service arrangement as noted herein, please feel free to call me at 445-3650. Sincerely, Barry A. Stock Asst. City Administrator CC: Joan Lynch, CAP Agency BAS:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Alinnesota ;379-13;1 612_-;Y;-36;0 FAX 612-343-6715 tk- OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee,Minnesota June 8, 1995 MEMBERS PRESENT: Mars, Joos,Madigan,Bladow, Christensen, Link, and DuBois MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, Acting Planning Director Terrie A. Thurmer, Assistant City Planner Nancy Emerson, Planning Intern Julie Bauman,Planning Intern Dave Nummer, Staff Engineer Bruce Loney, Public Works Director I. ROLL CALL Chairman Joos called the meeting to order at 9:15 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The Agenda was approved as presented. III. APPROVAL OF MAY 4, 1995,MEETING MINUTES The minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS The Chairman recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Chairman Joos introduced the consent agenda and asked if there was anyone that wanted to discuss these issues. He noted that Item #9 would have to be pulled off the agenda. Motion: Comm. Mars/Bladow to approve the consent agenda: Item #6, to consider the preliminary plat of Market Place 2nd Addition, located west of Market Street and North of Fifth Avenue; Applicant - Klingelhutz Development Company; and Item #11, final plat to consider the final plat of Meadows West 2nd Addition, located between CR 79 and CR 77, south of the upper valley drainage ditch; Applicant-Gold Nugget Development, Inc. Vote: Motion carried unanimously. Minutes of the June 8, 1995 Planning Commission Page No. 2 VII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR THE MEADOWS NORTH, LOCATED EAST OF CR 77, NORTH AND WEST OF THE PROPOSED FULLER STREET EXTENSION. Chairman Joos opened the public hearing to consider this request. Chairman Mars noted that he would remain seated during consideration of this proposal, and asked if there was anyone present that objected to it. There were no objections voiced. The Assistant City Planner stated that Gold Nugget Development is requesting approval of the preliminary plat for The Meadows North. The plat would contain 52 lots on 17 acres, at a density of approximately three lots per acre. She added that, in order to plat the site as proposed, a portion of CR 77 (Apgar Street) will need to be vacated. CR 77 is currently a County Road, but is intended to be turned back to the City after the construction of the Fuller Street realignment is completed. A recommendation regarding the realignment of Fuller Street was made by the Planning Commission in 1992, and it was approved by the City Council. The construction of the Fuller Street realignment is estimated to be completed by the fall of 1996. She stated that the applicant will be initiating the vacation of portions of Apgar once this "turn back" occurs. If the vacation of portions of CR 77 does not take place, the design of the plat will need to be revised. Therefore, staff is recommending a condition requiring that the approval of the Preliminary Plat is contingent upon the vacation of portions of CR 77. She also stated that there have been many concerns raised by neighboring residents relating to this proposal. She added that due to these concerns, as well as additional information that was recently obtained, staff is recommending that this request be continued. This recommendation is contrary to the recommendation of the staff report. Horst Grazier, representing the developer, discussed the request for preliminary plat approval. He reviewed surrounding properties. He noted that he was under the impression that Apgar would be vacated at some point. He stated that he was told that it would be desirable to have only one access to this site. He stated that access is anticipated in the future. He felt that providing the loop at 10th Avenue was a reasonable condition. He felt that providing another access to Fuller Street would be Minutes of the June 8, 1995 Planning Commission Page No.3 providing cut through traffic. He reviewed drainage from the site. He added that the lots are at a density of 3 units per acre and meet the size and dimension requirements. The average lot size is 11,800 square feet. The minimum width at the front setback line is 70 feet,but many lots are larger than this. He stated that he has quickly sketched an alternative which may or may not be applicable; it would take Hennes Avenue and intersect it to provide a better neighborhood access. He stated that another issue is an extension of the streets and alleys to the north. There is a "gap" that continues east and west. The connection of Atwood and Scott will have to be aided through the City and their condemnation powers. He proposed that the alleys be extended to the east or west, and not to the south. He stated that they would be willing to pay their share of the cost. He agreed that this predicated on a future action of the vacation of Apgar. If this does not occur, they would want to revise the plat. Commissioner Joos asked what they would change on the design. Grazier replied that if there isn't a vacation, this would become a City street. Commissioner Joos asked if this solves all the issues. The Acting Planning Director stated that an additional concern is that the area to the north of Thomas Avenue exceeds the maximum block length, and there would need to be a connection in this area. He reviewed the definition of block length. Commissioner Mars asked if the plat fits well to the west and cited several concerns which he asked the Acting Planning Director to address. The Acting Planning Director stated that if Hennes Avenue is connected into Thomas Avenue, there would be quite a bit of access to get out from this neighborhood. It would pull traffic away from Pierce. He stated that the County would not have given access permits to garages along Apgar. One issue is that, if a street has double frontage, the City would have to pick up the cost of the assessments. A lot would not be landlocked, but would have access on Fuller Street. Commissioner Mars asked if this plat would be required to provide walkway/pathway access. The Acting Planning Director stated that because of the proximity to Thomas Avenue, this would be used as the primary bicycle pathway system. However, if the Commission felt that another trail would be necessary, staff could work with the applicant to determine a location. Commissioner Mars asked what the viability of Apgar would be for a north / south movement. The Acting Planning Director stated that with Fuller Street, there is a chance to improve the situation. Offsetting or a series of collector streets increase the Minutes of the June 8, 1995 Planning Commission Page No. 4 potential for safety problems. He stated that Apgar will actually be downgraded to more of a local street function in the area of this plat. Commissioner Mars noted that the impression was that Apgar was going to continue. The Acting Planning Director stated that all the local streets are made to collector street widths. Apgar was not oversized due to collector status. Traffic counts on Apgar will see a reduction in traffic over time. Commissioner Mars and the Acting Planning Director discussed routes from this proposed plat to Highway 101. John Iten, 1016 Fuller stated that he can't understand nobody at the City Council meeting knew that Apgar was going to disappear. Commissioner Mars stated that we must wait for a developer to come in with a proposal before the decision could be made. Iten stated that he is opposed to Apgar being closed and that both streets should remain open. He discussed his concerns about Fuller Street being a collector street and the lack of communication relating to this. He stated that traffic on Fuller will only increase if Apgar is closed. He discussed his concerns about the proposed plat of The Meadows North. He was concerned why provisions haven't been made for sidewalks in the plat. Commissioner Joos discussed the preliminary plat process. Iten was concerned about the need for 36' street and the only reason for them is to give the developer more land. He stated that he doesn't object to the homes, but objects to the way it is being proposed. He didn't think that the alleys should be dead ended. Joann Tiebon, 1008 S. Fuller discussed her concern about a sidewalk along Fuller and the cost to taxpayers. She was concerned about safety issues where children are concerned. She didn't think that sidewalks should be bothered with unless more stop signs are also installed. Francis Krueser, 1033 South Atwood stated that he is definitely opposed to the closing of Apgar. He believed that there would be terrible traffic problems if it is closed. He believed that the plat should go back to the drawing board. Mike Menke, 1060 Oak Road stated that he owns a cabinet shop at the end of Apgar Street. He stated that the County should upgrade the road and give it back to the City. He stated that he can't get sewer to his property, but would have a sidewalk. He stated that he isn't for or against Apgar being closed. Minutes of the June 8, 1995 Planning Commission Page No. 5 Leroy Menke, 1185 Shumway stated that he had to dedicate 45' when they developed their property and wondered what to do with his half of Apgar. He was concerned with his taxes. He was concerned about why he had to stay 100' back from the road when he built his home in 1990. He was concerned about access to this site. Kevin OBrien, 1024 S. Fuller stated his concerns about traffic control that should be incorporated into the plan. Harold and Carol Armstrong, 1044 S. Fuller stated they shared the views in opposition to the proposed plan. Carol Armstrong discussed her concerns about the loss of dreams, decrease in property values, and the changes in what was proposed when she purchased her house,what is proposed now and what will be proposed in the future. Harold Armstrong stated that it was a shock to find that all the traffic will be coming down Fuller Street. He was concerned that the decision needs to be made now what will be done with Fuller Street. He believed that Fuller Street would be significant because of the proximity to the Community Center. He was concerned about the change in Stan's Park. It was noted that the park would remain as it currently is. Armstrong was concerned about parking on both sides of the street and access to the park. He was concerned why all the homes being proposed on Fuller are not fronting on Fuller. It was noted that it is being done to keep the access points off of the collector street. Public Works Director Loney explained the idea of a collector system. Carol Armstrong was concerned about whether or not the City is planning to buy the six homes along Fuller once the values have diminished due to the increased traffic. She suggested that the traffic be divided to prevent this from happening. Harold Armstrong was concerned why the current residents are being disadvantaged for the benefit of future residents. He proposed that Apgar be open and curved to join Fuller Street at a 90° angle. He would also like to see Scott and Apgar extended to Fuller Street. A stop sign at 11th and Fuller is also a consideration. Carol Armstrong stated that they would like staff to communicate with other areas and address the residents' needs and concerns and not keep shuffling residents back and forth from one meeting to another. Bob Friendshuh, 600 Menke Avenue asked if the Street Department has been contacted regarding maintenance of cul-de-sacs. He was concerned about only having one access to the Community Center. Apgar should be left open for this reason alone. Minutes of the June 8, 1995 Planning Commission Page No. 6 He stated that there shouldn't be any question if the County is going to take care of it anyway. John Item, 1016 Fuller Street, stated that Fuller is in a bad state of repair. Apgar is in much better condition. The only reason Fuller is being proposed is because State Aid funds will pay for it. Fred Marshall, 600 Hennes Avenue asked if a development is allowed to have more than one access. The Acting Planning Director stated that at least two accesses are suggested. Marshall stated that he is aware that the City turned down money from the County for a collector street. The Public Works Director provided the correct information regarding this issue, and stated that the County will select only one collector street. Marshall was concerned about the street designs that are"curliqued" in nature. Motion: Commissioner Mars/Bladow offered a motion to continue the public hearing to the July 6, 1995, meeting. Commissioner Christensen asked that a good, readable area map be provided at the next meeting. Horst Grazier, applicant, stated that cities recommend a curvilinear road system to slow down traffic in residential areas. He stated that he just wants reasonable direction in order to produce a plat that meets City requirements. Vote: Motion carried unanimously. The Commission recessed for ten minutes. VIII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN AMENDMENT OF THE PUBLIC MINI-STORAGE PLANNED UNIT DEVELOPMENT FOR AN AUTOMOBILE REPAIR SHOP AND AN OPEN SALES LOT FOR NORTH IMPORTS, LOCATED AT 1885 3RD AVENUE WEST. Chairman Joos opened the public hearing to consider this request. Minutes of the June 8, 1995 Planning Commission Page No. 7 The Acting Planning Director stated that Mr. Tony Sadat of North Imports is requesting this amendment to allow the repair of automobiles and the sale of used cars at the Public Mini-Storage PUD site. The site is zoned Highway Business. Tony Sadat, applicant stated that he would like to have a second location for his business. He stated that he is a licensed dealer. He stated that the area is fenced and is a secure area at the present time. Commissioner Madigan asked what kind of repair would be done. Sadat replied that not much repair work would be done. He buys used cars from insurance companies which he resells. He added that 90%is wholesale. Commissioner Christensen asked how many cars would be involved. Sadat stated that the operation would involve about 100 cars per year, or about 1-2 cars a week. Commissioner Mars asked if there is a drainage problem associated with the site. Sadat replied that he has his own pump for the area. Commissioner Mars noted that all sales would be enclosed within the buildings or behind the fence. Sadat replied that this would be the case. Commissioner DuBois asked staff for clarification of where the highway connects with 3rd Avenue. The location was noted on the map. Motion: Commissioner Mars/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Commissioner Christensen asked why only a 15 foot setback is being required. The Assistant City Planner discussed setbacks for automobile display lots along First Avenue and their limited areas for display if these setbacks are required. The Acting Planning Director added that the same impact would occur for either new or used cars. Motion: Commissioner Mars/ offered a motion to recommend to the City Council the approval of an amendment to the Development Plan for the Public Mini-Storage Planned Unit Minutes of the June 8, 1995 Planning Commission Page No. 8 Development, subject to the original conditions of approval, plus the following conditions: 1. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. 2. No unlicensed and/or inoperable vehicles shall be stored on the site except within an enclosed structure or within a screened storage area. 3. All repair, assembly, disassembly, and maintenance of vehicles shall be conducted entirely within an enclosed structure except for minor maintenance(tire inflation or wiper replacement). 4. The applicant shall install floor drains which empty into holding tanks. Disposal of this waste shall be off-site. 5. The approval of a "Change of Occupancy Permit" from the Building Department will be required prior to the approval of any Building/Grading permits for the site. 6. The portion of Outlot E that is located within Jackson Township must be excluded from the legal description for the PUD. The applicant shall provide the legal description for the portion of Outlot E, Husman Addition, which is located within the City of Shakopee to City staff Commissioner Christensen asked what the site would look like from the highway. The Assistant City Planner stated that the site already has an 8' high fence and that this is all that is seen from the highway. There aren't any additional screening requirements for this site. Vote: Motion carried unanimously. IX. PUBLIC HEARING/CONTINUED: TO CONSIDER AMENDMENTS TO THE NEW ZONING ORDINANCE TEXT (ORDINANCE NO. 377) WHICH WAS ADOPTED ON JUNE 7, 1994. Chairman Joos opened the public hearing to review this request. Minutes of the June 8, 1995 Planning Commission Page No. 9 The Acting Planning Director stated that staff is recommending that this public hearing be closed. Motion: Commissioner DuBois/Mars offered a motion to close the public hearing. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER AN ORDINANCE AMENDING CITY CODE CHAPTER 12, SUBDIVISION REGULATIONS (PLATTING), BY REPEALING SEC. 12.08, MINOR SUBDIVISION PROCESS, AND ADOPTING ONE NEW SECTION. Chairman Joos opened the public hearing to consider this request. The Acting Planning Director stated that the minor subdivision process was originally implemented in order to reduce the work for the Planning Commission, and they are administratively processed and approved. Motion: Commissioner Mars/Bladow offered a motion to close the public hearing. Commissioner Mars asked if there would be any problems without surveys. The Acting Planning Director stated that the City Attorney has advised staff that there shouldn't be any problems, because these would involve two lots becoming one. Vote: Motion carried unanimously. Motion: Commissioner Mars/Christensen offered a motion to pass Ordinance amending City Code Chapter 12, Subdivision Regulations (Platting), by repealing Section 12.08, Minor Subdivision Process, and adopting one new section. Commissioner DuBois felt that a lot of problems can be created when lots are subdivided or split, and a certified survey is not available. She was concerned how a consumer would solve any problems after the fact. She didn't think this is a good idea. The Acting Planning Director stated that this is usually a situation where two lots are owned, the title work has already been done, and they want to put up a detached garage, for example. If it would appear to be bad planning or controversial, the City Minutes of the June 8, 1995 Planning Commission Page No. 10 Planner can require the whole platting process again. Requests that come through are extremely minor in nature. Commissioner DuBois didn't understand why a certified survey would not be required. The Acting Planning Director stated that the County Recorder makes sure that everything is done properly. Commissioner DuBois discussed her concerns about avoiding any potential problems. Commissioners and staff discussed when surveys are performed. Commissioner Link stated that when an abstract and survey are not required, people can get burned. He felt that this item should just be left alone. It was recommended that this item be tabled to allow time for further information from the City Attorney. Motion: Commissioner Mars/DuBois offered a motion to table this item. Vote: Motion carried unanimously. XII, PUD AMENDMENT: WESTRIDGE LAKE ESTATES. The Assistant City Planner stated that the City has received a request from Gonyea Land Company for a Minor Amendment to the Westridge Lake Estates Planned Unit Development. With the adoption of the revised Zoning Ordinance, the regulations regarding PUD's were changed to allow minor amendments to be approved by the Planning Commission instead of the City Administrator. She stated that when the PUD was approved in 1993, the front yard setback within the Rural Residential Zone was 30'. With the update of the Zoning Ordinance in 1994, the City increased the front yard setback requirement from 30 feet to 50 feet. The applicant is requesting the minor amendment to allow the homes to be constructed at the 30 foot setback. She added that staff recommends the approval of the Minor Amendment. Since homes within this PUD have been constructed at both the 30 and 50 foot setback lines, the approval of this request would not alter the essential character of this development. Minutes of the June 8, 1995 Planning Commission Page No. 11 Motion: Commissioner Mars/Madigan offered a motion to offer Resolution No. 721, a Resolution Approving a Minor Amendment to the Westridge Lake Estates Planned Unit Development, and move its adoption. Commissioner Christensen stated that 50 feet to 30 feet is not a minor change. Commissioner Joos reminded Commissioner Christensen that this is a PUD. The Assistant City Planner noted that most of the building permits have already been issued at the minimum 30 foot setback. Vote: Motion carried unanimously. XIII. CONCEPT REVIEW: TO CONSIDER THE CONCEPT REVIEW FOR PINEWOOD ESTATES PLANNED UNIT DEVELOPMENT. The Assistant City Planner stated that Dale Dahlke is requesting that the Planning Commission review the proposed Pinewood Estates Planned Unit Development prior to the submittal of their application. The subject site is located south of 4th Avenue, and west of Shenandoah Drive. The development would contain 98 units on approximately 35 acres, at a density of 2.8 lots per acre. She stated that the applicant is proposing a mixture of single family residential homes, twin homes, and 4-unit townhomes. Recently, the applicant approached staff regarding the possibility of a Multiple Family structure to be located adjacent to Shenandoah Drive instead of 4-unit townhomes. She stated that the Planning Commission may want to look at the specific issues listed in the staff memo; however, no formal action is being requested at this time. Dale Dahlke, developer, stated that the intention would be to connect a street in the Sienna development to Shenandoah Drive. He discussed phasing of the project. Commissioner DuBois asked how many single family homes are proposed for this development and where they would be located. Dahlke replied that they would be located on the west half of the development. A total of 35 single family lots are proposed. Twin homes would be located on the private drives. Commissioner Joos stated that the plat is hard to read and suggested that the elevations be removed from the plat. Minutes of the June 8, 1995 Planning Commission Page No. 12 Commissioner Joos asked what is located in the northwest corner of the plat. Dahlke stated that a 60' open space is proposed for the residential area. He stated that entry landscaping and ponding are also proposed. It would also provide some setbacks from 4th Avenue. Commissioner Joos asked what is planned where there appears to be two access areas. Dahlke stated that one will be removed which is currently in existence. Commissioner Mars noted a steep break in an east/west fashion and asked if the area would be buildable lots. Dahlke replied that they would be buildable. He noted that most of them would be walkout lots. Commissioner Christensen asked how many units are proposed in the multi-family structure. Dahlke replied that he is considering an apartment structure. He is also considering an 8-16 townhouse site along Shenandoah Drive. Commissioner Christensen asked how the private drives would work. Dahlke replied that an associated would be maintaining the private drives, and the widths can be less than the widths required for public streets. Commissioner Bladow noted a little area between the northeast corner and a private drive and asked what it is for. Dahlke replied that it would be open space. He stated that he would like to preserve as many of the existing pine trees as possible. Commissioner Madigan asked if any trees would be displaced on the site. Dahlke stated that he doesn't have an actual count, but his intent is to save as many as possible. Commissioner DuBois stated that she is happy that Dahlke wants to save trees. Commissioner Joos stated that it seems that this seems like a good location for multiple family housing along Shenandoah. XIV. OTHER BUSINESS A. R-2 Zoning Issues The Acting Planning Director stated that staff needs direction on whether there should be a text or map solution to this issue. A map solution was suggested. Minutes of the June 8, 1995 Planning Commission Page No. 13 B. Private Lodges and Clubs Issues The Acting Planning Director stated that this item will be discussed at the July Planning Commission meeting. C. Julie Bauman, Planning Intern, was welcomed back, and the Commission welcomed Nancy Emerson,Planning Intern. XV. ADJOURNMENT Commissioner Joos adjourned the meeting at 12:25 a.m. OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota June 8, 1995 MEMBERS PRESENT: Mars, Joos,Madigan,Bladow,Link,DuBois, and Christensen MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, The Acting Planning Director Terrie A. Thurmer, The Assistant City Planner Nancy Emerson, Planning Intern Julie Bauman,Planning Intern Dave Nummer, Staff Engineer Bruce Loney, Public Works Director I. ROLL CALL Chairman Mars called to meeting to order at 7:30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MAY 4, 1995 MEETING MINUTES The minutes were approved as submitted. IV. RECOGNITION OF INTERESTED CITIZENS Chairman Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR FISCHER AGGREGATES. Chairman Mars opened the public hearing regarding this request. The Assistant City Planner stated that the applicants are requesting that this public hearing be continued to the July 6th meeting to allow the additional time to revise their reclamation plan. Motion: Commissioner Joos/Bladow offered a motion to continue the public hearing to the July 6, 1995, meeting. Vote: Motion carried unanimously. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 2 VL PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR UNIVERSAL FOREST PRODUCTS TO ALLOW THE MANUFACTURING OF WOOD I-JOISTS WITHIN ONE OF THEIR EXISTING BUILDINGS,LOCATED AT 1570 EAST HIGHWAY 101. Chairman Mars opened the public hearing regarding this request. Planning Intern Emerson stated that the applicant is requesting a conditional use permit for the manufacturing of wood I-joists within the Light Industrial Zone. She stated that the process will take place within their building, so that there will not be any additional public nuisances. The added use will not be injurious to the public enjoyment of the property. Staff is recommending approval of the application for the variance request. Mark Dutton, 2001 Skyline Drive, Burnsville believed that the request they are making fits within the zoning requirements. Everything will be enclosed within one building. Commissioner Mars asked if there will be any hazardous chemicals used. Dutton replied that there will not. Commissioner DuBois asked the applicant if he has received any protests to this use. Dutton replied that he has not. Commissioner DuBois asked the applicant if his intent at the time of an I-2 zoning request in 1994 was to do the same thing. Dutton replied that he was looking to build a treating plant to treat wood which is no longer the intent. The product being proposed is used inside a home in the place of wood joists. Motion: Commissioner Christensen/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Christensen/Bladow offered Conditional Use Permit Resolution No. CUP-720, A Resolution Approving a Conditional use Permit to Universal Forest Products, Inc. to assemble Wood I-Joists in the Light Industry Zone (I-1) to Section 11.44, Subd. 3.A, with findings. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No.3 Commissioner DuBois asked if there is any type of monitoring done because this is a conditional use. The Acting Planning Director stated that conditional use permits are inspected on a complaint basis only. Vote: Motion carried unanimously VII. PUBLIC HEARING: TO REVIEW THE APPLICATION FROM DANGERFIELD'S RESTAURANT FOR A 3 FOOT VARIANCE FROM THE 20-FOOT SIGN HEIGHT LIMITATION OF 20 FEET FOR A SITE LOCATED AT 1583 FIRST AVENUE. Chairman Mars opened the public hearing regarding this request. The Assistant City Planner stated that the applicant is requesting a three foot variance to the 20 foot maximum height limitation for free standing signs. She stated that the lot is not unusually shaped, and there are no circumstances unique to the property. However, the grade of the site is three feet lower than the grade of the street. Since the height of a sign is defined as "the vertical distance between the ground and the highest point of the structure," the distance between the grade of the ground level at the site and the grade of the street is irrelevant. She stated that a variance may be granted only in the event that the four required criteria can be met Therefore, staff is recommending the denial of the application for the variance request. Commissioner Link asked how sign heights are selected for approval. The Assistant City Planner explained how the height of a sign is determined. According to current ordinances,the height can be no more than twenty feet. Commissioner DuBois asked the Assistant City Planner when the ordinance was changed so that no consideration is given to below grade. The Assistant City Planner replied that it was changed in 1988. Commissioner DuBois stated that if you looked at Criteria 2 and other businesses on 1st Avenue, she couldn't cite another business with a grade three feet below. It would seem that this would be a hardship situation. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 4 Commissioner Christensen asked why the ordinance was changed in 1988. The Assistant City Planner stated that the assumption is that a survey was needed for every permit requested to ensure that it met the height requirements of the City Code. Rod Krass, 1650 W. 82nd Street, attorney for Dangerfield's discussed the significant past renovations which his client has done at the restaurant. He discussed future plans for renovating. He stated that his client would like to put up a new sign. He believed that the current sign is 6-7 feet above what the current ordinance allows. The difficulty is that the sign needs to be 20' above street grade in order to be seen. He stated that the sign should be measured from street level. He discussed the heights of signs in the area. He stated that they would keep the existing sign, which is grandfathered in, if the variance is not approved. He believed that the lay of the land puts his client in a position where his sign would be lower than anyone else's. Commissioner Mars stated that the request for a variance must follow certain criteria and asked Krass to dispute any of staffs draft findings. Mr. Krass discussed Finding 1.B, which relates to whether or not the applicant has created the situation where the variance is required. He stated that this situation did not create the grades, and the grades create the hardship. He believed that his client meets this criteria. Krass discussed Finding 1.E, where staff stated that they believed that the request is being made primarily for marketing purposes. He stated that this is not accurate. The applicant is concerned about safety issues; having the sign high enough so that customers can see the sign from the trees which would allow time to stop safely. His client disagreed with this finding. Krass stated that these are the main areas of disagreement. Commissioner Mars stated that he has a problem with Finding 1.A, which relates to use of the property. Krass stated this language is in every variance criteria that he has ever seen. He stated that technically, to say that the property cannot be used without the sign variance approval is inaccurate. He stated that the depressed area cannot be used appropriately if the bottom of the sign must be measured from a depressed area. Commissioner Christensen asked if studies have been done to determine how signs are viewed and what a sign request is based on. Mr. Krass stated that it is observation. He noted that as he looks through the trees, the lower portion of the present sign is obscured, but you can still see the lantern portion. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 5 Commissioner Christensen stated that the only way you can be in conformance and be allowed to see the sign is to do something about the trees. She asked if the trees are on the Dangerfield's property or are owned by the park. Mr. Krass believed that the trees are on the park property. Commissioner DuBois asked if the applicant has taken maximum advantage of sign design and suggested a sign where the name "Dangerfield's" would be located in an area that could be better seen. Mr. Krass stated that he is not the sign designer, but if the Dangerfield's portion would be moved up, they would still have lessening of visibility no matter where the wording is located. Commissioner Mars asked staff why the landowner cannot build the property up to grade and then place the sign on top. The Assistant City Planner noted that the definition states that the height of a sign must be measured from the existing grade. The Acting Planning Director stated that sign regulations are tightly written. If it was not measured from the existing grade, you could get a 10-20' mound of dirt with a sign on top. Motion: Commissioner Bladow/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Joos/Bladow offered a motion to approve Variance Resolution No. PV-719, A Resolution Approving a 3 Foot Variance to the Maximum Height Limitation of 20 Feet for Free Standing Signs, Section 11.70, Subd. 10.B, with the following findings: Commissioner Christensen asked that, rather than review them piecemeal, she would like to know what the Commission's intent is. Commissioner Joos stated that he is going through the staff report, and each individual criterion must be reviewed in order to show why he is recommending approval of the variance request. Commissioner DuBois asked if we would then go through each criterion and make a decision. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 6 Commissioner Mars stated that it would be best to go through each criterion individually. He reviewed the criteria which must be met in order to have a variance application approved and the draft findings provided by staff. Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the property under consideration. Undue hardship means the following: IA. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Draft Finding: The Board finds that the site is currently being used as a Class II restaurant which appears to be a reasonable use of the property. Commissioner Joos stated that this would not be applicable as a use since we are dealing with a sign request. Commissioner DuBois concurred noting that we are dealing with a sign issue. Commissioner Mars stated that this is a sign issue and not a property issue. IB. The plight of the landowner is due to circumstances unique to the property. Draft Finding: The Board finds that this lot is not unusually shaped, nor does it have other unique circumstances. Commissioner Bladow believed that the elevation wasn't taken into consideration. Commissioner Link stated that it is a unique lot because of the 3 foot drop. The restaurant drops 9 feet off the grade. Commissioner Joos concurred and believed that the uniqueness of the lot refers to the drainage area which the applicant cannot use. Commissioner Mars stated that if it wasn't a drainage area and just the natural lay of the land, it still couldn't be filled in. The Assistant City Planner agreed. Commissioner Mars stated that he is torn between what's unusual and what is not, and the grade creates an unusual situation. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 7 Commissioner Joos stated that we don't know what the area looked like before the road reconstruction took place. Commissioner Mars stated that it appears that the Board has consensus that the lot is unique because of the drainage area. Commissioner Link stated that it is strictly elevation and has nothing to do with the drainage ditch. There was Board consensus on the wording of 1.B. 1C. The circumstances were not created by the landowner. Draft Finding: The Board finds the circumstances were created by the landowner's desire to remove an existing sign and erect a new one in excess of maximum feet. No outside parties have created this request. Commissioner Joos disagreed with the finding based on the fact that the roadway is the main reason that the drainage area exists which was created by MN/DOT at the time of reconstruction. Commissioner Christensen stated that it is constructed on the natural lay of the land. Commissioner Bladow stated that we need to go back and look at the ordinance and start using the street level. The Assistant City Planner noted that the sign ordinance will be reviewed in the near future, and that it will be recommended that measurements be taken either from the existing elevation of the adjacent street, or from the existing grade. Commissioner Joos reminded the Commissioners that this isn't the time to be bringing this up. It was the consensus of the Board that the roadway has created the circumstances. ID. The variance, ifgranted, will not alter the essential character of the locality. Draft Finding: The Board finds that the granting of this variance would expand the degree along one of the city's commercial corridors in direct conflict with provisions of the city's Comprehensive Plan. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 8 Commissioner Joos stated that the sign should be the same that is currently being used by other businesses. Commissioner Link added that it would be unusual to have the sign 3' lower than any other sign, and the variance would bring it into conformity. IE. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Draft Finding: The Board finds that the circumstances creating this request do appear to extend beyond the economic consideration of the applicant due to concerns for safety and conformance with sign regulations. Commissioner Christensen concurred. She discussed her concerns about traffic congestion when people are looking for the Dangerfield's sign. She stated that another alternative would be to cut down trees to improve visibility which would encroach on the natural beauty of the park. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Draft Finding: The Board finds that this use is in conformance with the Zoning Chapter and in accordance with the Comprehensive Plan. The Board concurred with this finding. Criterion 3: The request is not for a use variance. Draft Finding: The Board finds that this criterion is satisfied The Board concurred with this finding. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. Draft Finding: The Board does not propose to any additional conditions as part of this variance request. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 9 The Board concurred with this finding. Commissioner Joos noted that the variance has met all the criteria needed to be met for the sign to take place. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO REVIEW THE APPLICATION FROM URBAN AND GERALDINE KLEIN FOR A FOUR FOOT VARIANCE TO THE TEN FOOT SIDE YARD SETBACK REQUIREMENT AT 605 EAST 3RD AVENUE AND LOCATED WITHIN THE R-2 ZONE. Commissioner Mars opened the public hearing regarding this request. Planning Intern Emerson stated that the applicant is requesting a four foot variance to the ten foot setback requirement for an additional bathroom. The lot is not unusually shaped nor are there circumstances unique to the property. There does appear to be other design options to build the addition, both internal and external. Therefore, this does not constitute a hardship. A variance may be granted only in the event that all four required criteria can be met. This request appears to be in conflict with Criteria 1 and 2. Therefore, staff is recommending denial of the four foot variance to the ten foot side yard setback requirement. Bill Klein, Hastings, representing Urban and Geraldine Klein reviewed their request for a six foot extension of the bedroom to add a main bathroom. He stated that the house does not appear to have any other options for design. He discussed the need for a bathroom on the main floor. The intent is to put in a bathroom which would allow them to remain in the house for the remainder of their lives. Commissioner Mars noted that all criteria must be met in order to approve a variance and asked Klein to comment on the findings. Klein had no comments. Commissioner Mars asked for the applicant to reiterate his reasons why this variance should be granted. Klein stated that there are no other locations on the main floor for a bathroom. The window directly to the north is the egress for the bedroom. The primary focus is to understand that the house is constructed in such a way that the addition can only be in one location for drainage access to the basement. He noted that a contractor stated that this is the only possible location. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 10 Commissioner Joos stated that he believed that a these types of situations were eliminated during the zoning update for areas in "old" Shakopee. The Acting Planning Director stated that the intent in the update was for the Old Shakopee Zone (R-1C), but that this lot is zoned R-2. He noted that there are a lot of problems being experienced in R-2 areas. Under an R-1C rezoning, this addition could be granted. Commissioner Joos asked if a variance would then not be needed if this were zoned R- 1 C. The Acting Planning Director replied that this would be the case. Commissioner Christensen commented that it is important that we do review requests on a case-by-case situation because of the unusual circumstances. She noted that the fact that there is a driveway between this property and the adjoining property would alleviate her fear of approving this request. It is still important to listen to the reasons why this request is being made. Commissioner Mars stated that he doesn't want to jump ahead. Under the R-1C, the side yard setback is only five feet. The Acting Planning Director stated that, actually, there is a flexible setback. Commissioner Joos agreed with Commissioner Christensen on one point, but not on the case-by-case basis review. He believed that the intent of the zoning update was to clarify setbacks for homeowners. Motion: Commissioner Joos/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the property under consideration. Undue hardship means the following: IA. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Draft Finding: The subject site is currently being used as a single family residential dwelling. Existing single family dwellings are listed as a Permitted Use within the Medium Density Residential (R-2) Zone. Denial of the 4 foot variance would not Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 11 hinder the applicant's ability to 'put the property to a reasonable use" since it is currently a residential dwelling. Commissioner DuBois stated that a reasonable use would be a dwelling where you can have a first floor bathroom. This property cannot have one unless a variance is granted. Commissioner Joos stated that we should consider why we are considering this request and if the bathroom should be the major focus. He discussed the need for handicapped facilities if that is the case. Commissioner Christensen agreed noting that the applicants have noted that they would like to have an ADA bathroom. Commissioner Madigan stated that it makes her uncomfortable to vary from the strict definition of the variance request. Commissioner Christensen asked if it would be wise then to table this request. Commissioner Mars asked the Acting Planning Director if there were any additional costs if the request is tabled. The Acting Planning Director stated that there wouldn't be any additional costs, and that the Board can direct staff to provide additional information. Commissioner Joos stated that he would rather go forward with the variance rather than put off the request based on what our future decision might be on another issue. Commissioner Mars stated that he would rather look at the big picture. Commissioner Joos stated that the criteria will be the same no matter what decision is made on the item later in the agenda. The Acting Planning Director discussed the variance process. If it is a city wide problem, it gets handled through the City Code, and not on a piecemeal basis. Commissioner Christensen stated that if this request is not approved and the Planning Commission looks at the ordinance later, this request could be reviewed again. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 12 Commissioner Link stated that we can't vote against the variance knowing that the situation might change in a month. Commissioner Madigan stated that we need to move forward. The Board finds that the subject site is currently being used as a single family residential dwelling. It appears to be an appropriate use of the property. IB. The plight of the landowner is due to circumstances unique to the property. Draft Finding: The Board finds that the lot is not unusually shaped, and there are no unique circumstances. Commissioner DuBois stated that the location of the lot restricts the property owner from doing certain things which makes the lot unique. It is a circumstance unique to the property. Commissioner Link stated that while not unusually shaped, it is unique. Commissioner Joos asked if there is anywhere else on the lot where the bathroom could be constructed and meet the setback requirements. The Acting Planning Director stated that there could possibly be room at the back. However, the applicant has indicated that would interfere with the roof line, as well as other modifications. Commissioner Mars asked the Board if they concurred that there are unique circumstances because of its location in the older portion of Shakopee. Commissioner Joos stated that he would find difficulty stating that the "unique circumstances"would be based upon lot width. Commissioner Christensen stated that we have to be careful stating what the problem is. She discussed the uniqueness of older Shakopee because of its not being uniform. It is a reason to deal with the area as a whole, but not this particular request. Commissioner Christensen asked if this lot size would be allowed under today's standards. The Acting Planning Director stated that lot sizes in older Shakopee can be that size. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 13 Commissioner Christensen then noted that a lot of the new subdivisions would be larger. The Acting Planning Director stated that the newer lots are larger. Commissioner Christensen asked if this would then be a criterion for approval. 1G. The circumstances were not created by the landowner. Draft Finding: The Board finds that the circumstances creating this request were created by the landowner to erect a bathroom. No actions by an outside party have created the need for this request. The landowner's desires, versus his need to go into the setback, were created by the landowner. Commissioner DuBois stated that the age of the home has created some real functional obsolescence, and it is unusual not to have a main level bathroom. She believed that the age of the house is the problem causing the variance request. Commission Madigan stated that the fact remains that the homeowner has created the need for the variance request. ID. The variance, if granted, will not alter the essential character of the locality. Draft Finding: The Board finds that granting the variance would alter the essential character of the area by reducing the side yard setback Commissioner Mars asked the Acting Planning Director if the old part of Shakopee's character of homes close to each other would cause would alter the essential character relating to the side yard setback. The Acting Planning Director discussed the fact that it is very difficult for staff to operate under the essential character criteria, and that it should be the Board's decision. Commissioner Link didn't believe that it would alter the essential character of the neighborhood. IE. The problems extend beyond economic consideration. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 14 Draft Finding: The Board finds that the circumstances creating this request do not appear to extend beyond economic considerations. There seems to be some room on the rear yard for this expansion. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Draft Finding: The Board finds that this variance is in conflict with the Zoning Chapter, as follows: A. Encouraging the planned and orderly development of residential, business, industrial, recreational, and public land B. Providing adequate light, air, and convenience of access to property. D. Preventing overcrowding of land and undue concentration of population and structures. Commissioner Joos concurred and emphasized that it is in conflict with the Zoning Chapter. Criterion 3: The request is not for a use variance. Draft Finding: The Board finds that this request is not for a use variance; therefore, this criteria is satisfied Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. Draft Finding: The Board finds that no conditions will be imposed on this request. JA Revisited: Commissioner Christensen asked if all the criteria have to be met in order to approve a variance request. The Acting Planning Director stated that all of the criteria have to be satisfied in the case of an approval. Commissioner Joos agreed with the staff findings of 1A. Commissioner DuBois questioned whether the property can be put to a reasonable use without a first floor bathroom. Minutes of the June 8, 1995 Board of Adjustment and Appeals Page No. 15 Commissioner Christensen stated that a reasonable use would require that someone who is handicapped would be able to use it. The Board voted, with a show of hands, that this would not be a reasonable use. 1B Revisited: The Board voted, with a show of hands. Motion: Commissioner Joos/Madigan offered a motion to offer Variance Resolution No. PV-718, A Resolution Denying a 4 foot variance to a 10 foot setback, and move its adoption, with findings. Vote: Motion carried. Comm. DuBois and Bladow voted against the motion. IX. OTHER BUSINESS No other business was on the agenda for discussion. X. ADJOURN Chairman Mars adjourned the meeting at 8:58 p.m. -4+ 7 OFFICIAL PROCEEDINGS OF THE REGULAR SESSION SHAKOPEE BOARD OF REVIEW MAY 9 , 1995 Councilor Sweeney called the meeting to order at 7 : 00 P.M. with Dick Marks, Steve Clay, Eldon Reinke and Councilor Brekke present. Also present: Bob Schmitt, Deputy County Assessor and Judith S. Cox, City Clerk. Marks/Reinke nominated Councilor Sweeney for Chairman. Clay/Brekke moved that nominations be closed and that a unanimous ballot be cast for Councilor Sweeney for Chairman. Motion carried unanimously. Mr. Schmitt stated that the purpose of the Board of Review is to review the values placed on property and to see if they are in line with other properties. He said that it is not to address taxes, just valuation of properties. Mr. Schmitt stated that all properties in Shakopee received about a 6% increase. Some properties in the higher brackets received a higher percent increase. He said that the increases were to get everyone at the same level so that their properties were between 90% and 105% of sale price. He said that if the City values were under 90%, the State Board of Review would give an across the board increase of 5% and that they would do so with no review process. Chrmn. Sweeney explained that the State works with 5% increases, but that the County can increase the property value in any amount. He stated that if the Board of Review reduced one property that they must reduce everyone's property. He explained that 25% of the City is re-assessed annually and that this 25% is moved annually. Properties within the SE quadrant of the City were re-assessed this year and may have received an increase more or less than the 6%. If anyone received an increase in this area greater than 6%, the Board may be of some help. Chrmn. Sweeney asked that the four letters sent to the Board of Review be entered into the record: from George Realander (27- 001840-0) , Rick Parris, Whole Energy and Hardware (27-001846-0) , James Lindquist (27-001212-0) , and Richard & Ann Mulcrone. Chrmn. Sweeney stated that everyone is invited to give their concerns to Mr. Schmitt tonight and that he will come back with a recommendation to the Board of Review on May 23rd. He does not have all of the assessment records with him, he is just taking the information at this time. Chrmn. Sweeney asked for comments from members of the audience. Official Proceedings of the May 9 , 1995 Shakopee Board of Review Page -2- Clyde Ramsden, 1806 CR-14 (27-932003-0) , listed the values placed on his property for the last three years and stated that he has an earth home and believes that it would be hard to sell it for the value placed on it by the Assessor. Mike Sand, on behalf of Ryan Contracting Inc. (27-912022-3) , stated that this is the first assignment of value and that it is much higher than the value contained in an appraisal they had done by Campbell Appraisal. Mr. Schmitt asked if he could copy some of the pages from the appraisal. Paul Johnson, 934 Dakota (27-125001-0) , stated that he lives on 10th Avenue and that he has a problem with the value and that he can't sell his property for this amount. Mr. Schmitt explained that properties along 10th Avenue have already received a reduction to the values established, due to the traffic. James Boone, 728 Dakota Circle (27-169043-0) , stated that he has one large lot and one small lot and what their values were set at. Mr. Schmitt acknowledged that the two lots make up one building site and that one of the lots is valued incorrectly. He asked Mr. Boone to stop in at the office. Dave Homolka, 1186 Harrison (27-040054-0) , stated that his assessment has gone up 13% in the last two years. Chrmn.Sweeney explained that this is what has gone up across the board in the last two years. Mr. Homolka asked why the Council doesn't fight for its residents on this. Chrmn. Sweeney explained the Council's limited powers. Mr. Schmitt explained that the State wants all districts similar so that everyone within a school district is paying the same and that their values are on the same level. The State wants it so that everyone is assessed fairly. Betty Valiant, 968 Shumway (27-019008-0) , stated that her market value went up 6% . She asked if there isn't something else that could be done so more than property owners pay for schools, and getting more business to come in. Mr. Schmitt said that getting more business would help. He explained that commercial/industrial properties are picking up a larger share than residential. Chrmn. Sweeney explained that Shakopee is #2 in the State with commercial/industrial property, except for nuclear sites. He also stated that we lose due to fiscal disparities, we don't get to keep all of the taxes . Debra VanHale, 9081 13th Avenue, Savage (27-043007-0) , stated that she lives about underneath the bypass and by a swamp. She said that when they checked into refinancing that their property was valued at $58 , 000. She said that her house is a 1 1/2 story, built in the 1920' s and moved into the site and there is no garage. Official Proceedings of the May 9 , 1995 Shakopee Board of Review Page -3- Oliver Whittenberg, 845 Spencer (27-906071-0) , stated that most of his questions have been covered. He said that his house is 44 years old, has a single car garage and that he doesn't think that he can get the appraised value if he were to sell . Allen Erickson, 4475 Morlock Drive, Jordan (27-115004-0 and 27- 115003-0) , stated that he owns a duplex at 1006, 1008 3rd Avenue and that a couple of duplexes nearby have sold within the last two years for less than what his is valued at. Mr. Schmitt explained that those nearby are different than his. Greg Weigold, 3000 CR-42 (27-929014-0) , stated that he has been to the Board of Review every year since he bought his house. He said that things have changed. A high voltage power line is now near his property, a couple hundred trees were cut down (and haven't been replaced) for the power line and that he has had his property on the market for almost a year. He said that he has an 800' vertical driveway and that a four lane highway is coming. He said that he has the highest value of all of his neighbors. He said that a $30, 000 increase in three years is a little uncalled for. Karoline Monroe, 312 East 1st Avenue (27-001198-0 and 27-001198-1) , stated that she owns a building 36 x 32 which is fully rented. She said that she feels that no business person would buy the building for what it is valued at. She said that they are putting money into the building at such a degree that no rational business person would take it off their hands. She said that it isn't your fault, it isn't their fault, but that small business is being driven out of the area. Bo Spurrier, 1717 Presidential Lane, stated that his property is valued improperly. He said that it should be valued as property adjacent to the industrial area. He said that there is an industrial use across the street from him and a trucking property behind him. He expressed concern about the value of his residential property because the City doesn't enforce its zoning laws. He said that he shouldn't be taxed if the City doesn't do its job. Linda Pitrell, 527 Mint Circle (27-150036-0) , property value was addressed by Mr. Spurrier her brother-in-law. He stated that her property in encroached upon by the upper valley drainage. He provided Mr. Schmitt with a number of documents to review in connection with this problem. He stated that it would cost about $97 , 000 to correct the damage done to the upper valley drainage and that her property value should be reduced by that amount until the corrections are made. Dave Rutt, 468 Market (27-189001-0) , stated that the value placed on his new home is more than the dollars he put into it. He said that the value is just not right. Official Proceedings of the May 9 , 1995 Shakopee Board of Review Page -4- Robert Tooke, 2048 W. 13th Avenue (27-113021-0) , stated that he got a 7% increase last year and a 10% increase this year. Mr. Schmitt stated that this area wasn't increased this year and that he will check into it. Jerry Scherber, 5024 71st Ave. N. , Minneapolis (27-905023-0) , stated that his value has increased 30% in the last two years. He said that the City owns a 100 foot drainage ditch which crisscrosses his 38+ acres West of the racetrack. He said that it is farm land and that he would like to have someone take a look at it. Dennis Norland, 799 Prairie St. (27-092018-1) , stated that he owns a twin home and identified the increases in value he received for the past three years. He said that a nearby twin home recently sold for $59 , 100. Mr. Schmitt said that if a nearby twin home sold for this amount that there must be something wrong with it. Vicky King, 1723 CR-18 (27-913021-0) , stated that her property value has increased $24 , 000 in four years. She said that the property was appraised recently for $124 , 000 and that she has no sewer and water. Julian Ruppert, 1019 Dakota, asked how property can be valued more than it is worth. He stated that he believes that his property is valued at the top of the percent. Clete Link, 1216 Jefferson St. , stated that he has been in his house for four years and has made no improvements and that the value went from $119 , 200 to $136, 000. He believes that appraisals are off compared to houses in the surrounding area. He also addressed five lots located in South Parkview 1st that could not be sewered until this year. He believes undeveloped lots are assessed to high. He also addressed parcels he owns along Marschall Road located in Century Plaza Square 4th. He asked why the taxes are being driven up. He asked that he be given a chance to find buyers to develop the property and not be taxed out before development comes. John Erickson, 21482 Park Boulevard, Jordan (27-001760-0) , owns a basic two bedroom with basement and no garage that is rented out. He said that there is a point where non-homestead property is capped. Bob Hamill, 1393 CR-18 (27-107001-0 and 27-107002-0) , stated that the developed parcel has increased 22 . 4% in two years and that the undeveloped parcel has increased 72% in two years. Curt Olson, 620 McDevitt (27-058018-0) , stated that his property value has increased up over 12% over the past two years. He asked what he could use to get his valued lowered. Official Proceedings of the May 9 , 1995 Shakopee Board of Review Page -5- Ted Jaspers, 25625 Willow Lane, New Prague, owns three condominiums in Macey Manor at 438 Dakota. He said that a unit recently sold for $25, 000 and that the values placed on his units have been raised to $29, 000. Terry Kanitz, 8563 McGuire Circle, stated that his taxes are going up $30, 000. He that he has a detrimental collector road adjacent to his road which he believes that the value of his property actually goes down from a sales stand point and he asked Mr. Schmitt to look at the property at 8574 McGuire Circle that recently sold for $155, 000. He said that the City should take care of business, should look at the budgets and start cutting. Mr. Hamill, 1393 CR-18 , asked that when reviewing his property to keep in mind that he has two narrow and deep parcels; that Scott County will only allow one driveway for the two parcels and that all water must be contained on the property. He said that he has a drainage area to collect water and that 1/3 of his property is not useable. Wilfred Mahowald, 1077 So. Pierce, said that his property has gone up 7% and 6% over the past two years. He said that if offered $137, 900 for the house he would accept it right now. Chrmn. Sweeney stated that none of the property will be adjusted at this time. He said that the continuation meeting is May 23rd at 7 : 00 p.m. and that at that time Mr. Schmitt will provide information from the assessor's stand point on these properties and then the Board of Review will make changes as warranted. Mr. Schmitt stated that someone from his office will check the properties and will get hold of everyone and advise them of what he has come up with. He will present this information to the Board. If you disagree with his findings then you can go to the County Board. Chrmn. Sweeney thanked everyone for attending. Mr. Reinke questioned whether the rezoning of the race track property may have a negative effect on nearby properties. Mr. Marks left the meeting. Discussion ensued on code violations within the community. Mr. Schmitt stated that if there is a city code problem it should be corrected versus reducing property values for adjacent properties. Official Proceedings of the May 9 , 1995 Shakopee Board of Review Page -6- Mr. Schmitt said that he has talked to three property owners who have not submitted a written objection and he would like to read their names into the record: Dave Denison and Lynn Lebens (27- 001068-0) , Mike Gehlen (Springers) (27-004105-0 and 27-004106-0) , and Bernadette Gerlach (27-010009-0) . He said that he would be getting in touch with these individuals. The meeting concluded about 9 : 12 p.m. Judith S. '-Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE ADJ. REGULAR SESSION SHAKOPEE BOARD OF REVIEW MAY 23, 1995 Chairman Sweeney called the meeting to order at 7 : 00 P.M. with Dick Marks, Steve Clay, Eldon Reinke, and Councilor Brekke Present. Also present: Bob Schmitt, Deputy County Assessor; and Barry Stock, Assistant City Administrator/Acting City Clerk. Brekke/Clay moved to approve the minutes of May 9, 1995. Motion carried unanimously. Mr. Schmitt stated that the general practice of most assessor's offices throughout the counties, is to value vacant commercial property at somewhat less than 90% of market value. Mr. Clay asked what the estimated current percentage is from the indicated market value from the sales. Mr. Schmitt stated that that percentage would be 60%. He also explained that a size adjustment was made to Mr. Link's property behind Snyder's, resulting in a reduction of the price per square foot. Mr. Brekke asked whether the 60% was in line with other vacant commercial property around the City of Shakopee. Mr. Schmitt replied, "yes. " Cletus Link approached the podium and stated that vacant land is no burden on the City, County, or school district, that it is more of a burden to the developer. He also asked if the developer is going to be taxed before the land could be developed, why would anybody have commercial property on the market to develop a community? Mr. Link stated that there are no tax investment credits for business anymore to develop commercial property, and most businesses today will not invest in property and a building, they want to lease. Therefor, the land sits for an extended period of time. Mr. Link explained that a tax break is needed until a buyer can be found to develop the property because vacant land does not have an income. Reinke/Brekke moved to concur with the assessor' s estimated market value of $199, 500 for parcel number 27-178002-0 and $95, 800 for parcel number 27-120003-0 owned by Cletus Link. Motion carried unanimously. Clay/Marks moved to concur with the assessor' s estimated market value of $136, 500 for parcel number 27-121008-0 owned by Cletus Link. Motion carried unanimously. Brekke/Clay moved to concur with the assessor's estimated market value of $96, 900 for parcel number 27-906071-0 owned by Oliver Wittenberg. Motion carried unanimously. Official Proceedings of the May 23 , 1995 Shakopee Board of Review Page -2- Mr. Schmitt stated that the usable area on lot 2 was researched due to the pond which occupies a large portion of the lot. The remaining usable land was found to be 94, 316 square feet. Brekke/Marks moved to concur with the assessor's estimated market value of $53 , 100 for parcel number 27-107002-0 and no change for parcel number 27-107001-0 owned by Robert Hamill. Motion carried with Mr. Reinke opposing. Brekke/Clay moved to concur with the assessor's estimated market value of $248, 200 owned by Jerome Scherber. Motion carried unanimously. Bob Schmitt stated that he had visited Mr. Spurrier's property and spoke to neighbors who stated that they were not bothered by the Paul Bunyan Tree Service or the perceived traffic increase. Brekke/Marks moved to concur with the assessor's estimated market value of $101, 000 for parcel number 27-074011-0 owned by Henry Spurrier. Motion carried unanimously. Brekke/Clay moved to concur with the assessor's estimated market value of $134 , 500 for parcel number 27-913021-0 owned by Cletus and Vicki King. Motion carried unanimously. Marks/Brekke moved to concur with the assessor's reduced market value of $92 , 000 owned by Bernadette Gerlach. Motion carried unanimously. Mr. Schmitt stated that Mr. Gehlen had listed the house for $350, 000 but actually expects to sell it for $300, 000. Mr. Marks/Reinke moved to deduct $25, 000 from the value to account for $25, 000 worth of equipment and buildings, and to reduce the value of parcel number 27-004105-0 owned by Michael Gehlen, from $302 , 600 to $277 , 600 . Motion carried unanimously. Morke/Reinke moved to reduce the combined value of parcel number 27-001846-0 owned by Rick Paris, with the land remaining at assessed at $85, 200 and buildings being reduced to $40, 900. Mr. Reinke stated that the demolition value would be $40, 000. Motion carried with Mr. Brekke opposed. Mr. Lebens approached the podium and asked if it was proper to increase the value of the property every year. Official Proceedings of the May 23 , 1995 Shakopee Board of Review Page -3- Mr. Schmitt explained that values are compared to the assessor's market values, and if they are not at least at the 90% level for the over all city sales they must be increased to get them up to a minimum of 90% . Mr. Lebens asked if there was a way to compensate for the literal age of a property, because to bring it up to code would cost him more than the value of the house. He also questioned the increase estimated market value. Mr. Reinke stated that the increase that was shown was the 6% increase that was across the board throughout the community. Marks/Brekke moved to concur with the assessor's estimated market value of $80, 900 for parcel number 27-001453-0 owned by Melvin Lebens. Motion carried unanimously. Mr. Schmitt stated that Ms. Petrill, who owns parcel number 27- 150036-0, is concerned with the rising water level of the pond near her property which also emits a musty odor. He stated that he believes that the pond and the odor from it have a negative effect on this property. Therefor, Ms. Petrill and the other affected properties should be given a break. Mr. Sweeney suggested that Mr. Schmitt view these lots and recommend the adjustments to the County Board, that the adjustments be made to those lots that he views as being affected; noting that this may be corrected in the near future. So the reduction of value would apply in the current year, if that property were put on the market. Mr. Schmitt stated that the problem existed on January 2nd of 1995. He will look at it again on January 2nd of 1996, if the problem still exists the reduction in valuations will remain. So if there is another across the board increase on the City they will be increased the same but their total value will be less than a similar property. Then, once the problems are corrected the properties can be brought up to true market value. Brekke/Reinke moved to direct Mr. Schmitt to make an adjustment on the properties that are affected by the ponding at this time. Motion carried unanimously. Brekke/Marks moved to concur with the assessor's estimated market value of $69 , 800 for parcel number 27-115004-0 owned by Allan & Phylis Erickson. Motion carried unanimously. Marks/Brekke to accept the recommendation of the assessor's estimated market value of $70, 400 for parcel number 27-113021-0 owned by Robert Tooke. Motion carried unanimously. Official Proceedings of the May 23 , 1995 Shakopee Board of Review Page -4- Brekke/Reinke moved to concur with the assessor's recommendation to reduce the 1995 estimated value of all of parcel number 27-03200-5 owned by Theodore Jasper, and the remaining parcels in Plat number 32 to $25, 200 . Motion carried unanimously. Marks/Brekke moved to accept the assessor' s recommendation to reduce the estimated market value of parcel number 27-001840-0 owned by George Relander to $64 , 500. Motion carried unanimously Mr. Schmitt recommended a reduction in the building value from $53 , 200 to $50, 000 . Reducing the total value to $69 , 600. Brekke/Marks moved to concur with the recommendation of the assessor to reduce the estimated market value to $69, 000 for parcel number 27-001760-0 owned by John Erickson. Motion carried unanimously. Brekke/Marks moved to concur with the assessor's estimated market value of $78 , 900 for parcel number 27-001212-0 owned by James Lindquist. Motion carried unanimously. Reinke/Brekke moved to concur with the assessor's adjusted valuation of $134 , 600 for parcel number 27-001198-0 owned by Norman & Karoline Monroe. Motion carried unanimously. Brekke/Marks moved to concur with the assessor's estimated market value of $86, 900 for parcel number 27-001068-0 owned by Dave Denison. Motion carried unanimously. Mr. Schmitt stated that parcel number 27-932003-0 is a unique property in that there is such a limited market to compare values. However, there were two other properties to compare it to. Reinke/Brekke moved to set the value at $80. 13 per square foot, based on the same value per square foot as the one on Pillsbury; setting the value at $91, 700. Motion carried unanimously. Brekke/Clay moved to concur with the assessor's reduced market value of $350, 000 for parcel number 27-932003-0 owned by Clyde Ramsden. Motion carried unanimously. Mr. Reinke questioned the value of the properties over the track area and in the amusement park area of Valley Fair because of the fireworks last year between 10: 15 and 11: 15 P.M. , and the lighting from the track. He asked that the Board review the situation. Marks/Brekke moved to accept Mr. Reinke's concerns for parcels 27- 908047-0 and 27-908050-0 . Motion carried with Mr. Reinke abstaining from the vote. Official Proceedings of the May 23 , 1995 Shakopee Board of Review Page -5- Brekke/Marks moved to concur with the assessor's estimated market value of $145, 300 for parcel number 27-189001-0 owned by Dave & Deb Rutt. Motion carried unanimously. Reinke/Brekke moved to concur with the assessor's recommendation to reduce the valuation of parcel number 27-169043-0 to $1200 . Motion carried unanimously. Brekke/Clay moved to concur with the assessor's estimated value of $94 , 700 for parcel number 27-041034-0 owned by Julian Ruppert. Motion carried unanimously. Marks/Brekke moved to accept the assessor's estimated market value of $104 , 800 for parcel number 27-040054-0 owned by David Homolka. Motion carried unanimously. Clay/Marks moved to concur with the assessor' s estimated market value of $64 , 300 owned by Mr. & Mrs. VanHale. Motion carried unanimously. Marks/Brekke moved to concur with the assessor's reduced market value of $170, 000 for parcel number 27-053002-0 owned by Terry Kanitz . Motion carried unanimously. Clay/Marks moved to concur with the assessor's estimated market value of $123 , 600 for parcel number 27-058018-0 owned by Curtis Olson. Motion carried unanimously. Brekke/Reinke moved to concur with the assessor' s estimated market value of $152 , 200 for parcel number 27-061001-0 owned by Richard Mulcrone. Motion carried unanimously. Marks/Reinke moved to concur with the assessor's estimated market value of $77 , 100 for parcel number 27-092018-1 owned by Dennis Norland. Motion carried unanimously. Clay/Marks moved to concur with the assessor's reduced market value of $80, 200 for parcel number 27-125001-0 owned by Paul Johnson. Motion carried unanimously. Mr. Schmitt stated that Ms. Theis had contacted him and explained that he had valued the property higher than a recent appraisal she had conducted. After reviewing the appraisal Mr. Schmitt stated that he disagreed with some of the adjustments that were made. He stated that there was no adjustment for rental increase over the last couple of years. Nor was there an adjustment for time of sale. Marks/Brekke moved to concur with the assessor's estimated market value of $98 , 400 for parcel number 27-907034-0 owned by Judith Theis. Motion carried with Mr. Clay abstaining from the vote. Official Proceedings of the May 23 , 1995 Shakopee Board of Review Page -6- There were no comments from the audience. There were no additional reviews received by the Assessor. Brekke/Reinke moved that the findings of the Board of Review be approved and sent to the County Auditor for certification. Motion carried unanimously. The meeting was adjourned at 9 : 31 P.M. Barry Stock Acting City Clerk Esther TenEyck Recording Secretary #g MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : June 14, 1995 RE: Lebens-Link Lawsuit On Wednesday, June 14, 1995, I appeared before Judge Menke for hearing of a Motion for New Trial filed by Messrs . Lebens and Link. They had raised two issues in their Motion: (1) , that certain statutes prohibit the legislature from repealing Chapter 183 , Laws of 1965 (the amendment to our 1875 charter that is issue) ; and (2) that Mr. Lebens has standing to bring this case. At the hearing, Mr. Link and Mr. Lebens argued that the legislature is without power to repeal Chapter 183 . This is contrary to the Minnesota Constitution, and reads a great deal into those statutes which is not there. I pointed this out to the Court . They did not argue the standing issue at all, which I also noted for the Court . Judge Menke took the case under advisement, and will let us know his decision. For your information, I have kept general track of my hours on this, although I know I forgot to write down the time spent on some days . So far I have noted the expenditure of 50 hours . Signed Karen Marty, Cityfttorney [14CCL] NON-AGENDA INFORMATIONAL ITEM MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : June 14, 1995 RE : Criminal Court Charts for May Attached are the court appearance charts for May 1995 . These indicate that our required court appearances have decreased slightly each month from last year (except for May) . I am very pleased to see that they are stabilizing, since it makes Mark available to handle condemnation, utility, and other civil matters . If you have any questions regarding these, please let me know. z--- Signed �i! / / Karen Ma y;- City Attorney KEM:bjm [14CCL] Attachments cc : Mark Erickson ,- N , M lp d \ Lf) T ' T / T !!!! T 1-- CD CD Lll ' 'iiiiii)iiiiiiiil' ' '''7777737 7i77A7377T1377777T1i7A -iy7:777 W (UI) -> O ZZ nl(JIIfI„l!!Li„II JII1,,.1,It,,,r,1l1 !1 „1 „ 1 I U 11.11.111......r ,,,,,,,,,,,,,,,,,,„ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,. O CC a W W 1.- fie (1) < an ... v' - ,„ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,u„, < ,i ,,IP C MI Z 0 0 2 CC 2 ,,..,, „ „,, ._. D co _ Q dOil „ ,,,,,,,,,,,,,,,,,,,,,,,,, - , Q U ti i,,,,'iiii6lWlllllllllllllllllllllllllllllllllll , Q 2 LU Q LL il .. 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TEL :612-582-1368 Jun 14 95 10 :01 No .004 P .02 I�, t 1� Minnesota Department of Transportation — r , News Release t Metro Division Phone. 612/5tt2-1000 1500 County Rd. 112 West Ho cviile, MN 55113 June 14, 1995 Contact: Mark Panek Project Engineer FOR IMMEDIATE RELEASE (612) 341-7427 Donna Lindberg Metro Division Public Affairs (612) 582-1366 TDD/T1'Y (612) 296-9930 TOLL FREE 1-800-657-3688 COUNTY ROAD 83 WORK WILL CAUSE DELAYS FOR MOTORISTS NEAR CANTERBURY INN NEXT WEEK (Roseville) Beginning June 26, County Road 83 from 12th Avenue to County Road 16 in Shakopee will be reduced to a single lane in each direction. All entrances and exits to and from County Road 83 will be maintained during this project. These restrictions are needed to do sewer work in conjunction with the construction of the new Highway 101 Shakopee bypass. Weather permitting, the project should be completed and all lanes of County Road 83 open to traffic by mid July. Please slow down and use caution when driving through this and all construction zones! OM 1 mn/VU1 metro IU.t�. .1TLrb172'-z=i36.8 Ain 14 y5 1U UL N0 .UU[l v .UJ Gount1y Road 83 Lane Restrictions Begin June 26 JK r,,:._.... w ......r l3, .�•.. ...,„.,...t( r,rata,.t..F.[. AW ENTRANCE TO 12th AVENUE CANTERBURY RACE TRACK Innimi Wilimiltai immommw rmummommr INIIIMMI " 111111I to a s n 9 e lane IIIIIimmullill ......1 in each direction SECRETARIAT DRIVE until mid July >a4:C.Yi r".. -;mss:: .- - . ..- COUNTY �Yo1.,.d aI,N y .KY ,,,. ROAD -1,..,„;,,,,..;; :F ..,,.I� i Z'Y ...:.r. µ ; '''''' �."•icy`ek:'.y.Sx {P,'.: I1ffPP �y : ) . :.Y., 83 A Nammo ammo /n••■ / / • • • I / NiNI — r —• • �' " ! EE BYPASS _ .. -0/ "~ ~ ~ r � __ SHAKOP _ . - - . — ' ! . HWY1°1 11 r - - NEW r � I ♦ ••• man. I I •• • • " • / • • • ` r 1 06.08 95 12:06 FAX CANON 0002 OF OPSS • S -r4 a 1995 Doug Bell e EVOISI June 8 , 1995 13&B Pawn l� 6845 So. Fourteenth Ave. Richfield MN. 55423 ( 612 ) 869 5906 To The Mayor of Shakopee City Council Members Cita Staff I am writing to correctmy previos letter of May 26 , 1995 to correct the daeo presentation of the packet with the information that. chalenged the corectnes of the information contained in the aplication of the two other Pawn shops that been granted Lisc.The correct date of should been July 26, 1995 Sorry for this I was thinking of Aug . when I believe Ihad brought this back to your atention. I would like to have this put on the council agenda of it ncxt meeting. Means you chalenged the authinticity of the document I had provided. I believe I should have theopurtinity to ;,how the authinticity of these documents and facts. You chalenged that at he June6, 1995 City Council meeting of the City of Shakopee in public and I should Have the right to respond to these aligations made in Public. Doug Bell \T. e. NOTE: This item is for informational purposes only - it is not an agenda item. OVER 06.08:85 12:04 FAX CANON 0002 CSN OF SHAKOPEE �uN g 1995 EC D l E Doug Bell June 8, 1995 B&B Pawn 6845 So. Fourteenth Ave. Richfield Mn. 55423 (612) 869 5906 To The MaycE : of Shakopee City Council Members City Stafff Mr. Mayor you said at the June 6 , 1995 meeting of council of the City of Shakopee. That the lisc. ofB&BSales and Service =. pawn shop Lisc. Was re discussed and voted on after the rccord was corected by a memo from KarenMarty (city attorney of Shakopee) I would like to be furnished with the date of this new action The roll call of all that was present, Council members and Staff. The results of said vote and if posiable the voing'• sign of each venting individual? Thank You in Advance for your Quick and coopertive response^ to My request. Sinccrely \.—J2)c.:› a-4( Doug Bell Pres. of BSB Bales Service Inc. 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SESSION SHAKOPEE, MINNESOTA JUNE 20, 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] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *7] Approve Minutes of June 9, 1995 8] Communications: a] Janni Hennes and Colleen Kriese request for stop signs b] 9] Public Hearings: None 10] Recommendations from Boards and Commissions: *a] Final Plat for The Meadows West 2nd Addition, lying adjacent to CR-79 and CR-77 , south of the Upper Valley Drainage way, and north of P & V Addition - Res. No. 4217 *b] Amendment to Public Mini-Storage PUD - Ord. No. 418 11] Reports from Staff: a] Fence Maintenance Agreement b] Neighbor Speed Watch *c] Maple Trails Estates - Extending preliminary plat approval *d] Stonebrooke 2nd Addition - Extending time to record the final plat *e] Applications for On Sale and Sunday On Sale Liquor Licenses - The Main Event of Shakopee, Inc. (formerly Springers on Main) - table applications TENTATIVE AGENDA June 20, 1995 Page -2- 11] Reports from Staff continued: *f] Approve the Bills in the Amount of $2 , 620, 060. 23 (of which $1, 380, 000 is an investment transfer) *g] 1995/96 Insurance Renewals *h] Training Agreement for Police Department *i] Civic Center RFP #1 - Refrigeration *j ] Congregate Dining Facility Cleaning Services *k] 1995-96 Wine License Renewals *1] 1995-96 Non-Intoxicating Malt Liquor License Renewals *m] 1995-96 Intoxicating Liquor License Renewals *n] Pawnbroker's Employee License - Marcus Prechodko o] Sidewalk Policy - discussion 12] Resolutions and Ordinances: *a] Res. No. 4230 - Award Bids for CR-16 Sanitary Sewer and Water, Project Nos. 1994-11 and 1995-3 *b] Res. No. 4231 - Approving Plans and Specs for Shakopee Bypass c] Res. No. 4232 - Award Bids for P & V Reconstruction, Project No. 1995-5 - memo on table *d] Res. No. 4233 - Authorizing Eminent Domain Proceedings for the Downtown Alley Reconstruction *e] Res. No. 4334 - Approving Proposed 1996 Budget for Suburban Rate Authority *f] Res. No. 4335 - Amending Personnel Handbook regarding sick leave accumulation 13] Other Business: a] b] c] 14] Recess for Executive Session to discuss matters covered under the attorney-client privilege and labor negotiations 15] Re-convene 16] Adjourn Dennis R. Kraft City Administrator REMINDER: The July 5th meeting has been rescheduled to July 11th. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA JUNE 9 , 1995 Mayor Laurent called the meeting to order at 8 : 33 a.m. with Councilmembers Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Karen Marty (arrived at 8 : 36 a.m. ) , Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Acting Planning Director; and Dave Nummer, Staff Engineer. Mr. Bilotta updated the City Council on actions taken by the Planning Commission at their June 8th meeting. Ms. Marty stated that the resolution to take a position regarding the trust status of the former MWCC property is being copied at this time. She said that she has prepared a letter outlining the City's concerns, which is 15 pages. She said that the letter lays out procedural concerns that the Bureau of Indian Affairs (BIA) has failed to notify the City, they only notified the County of the application; that the City doesn't know the time frame for a response to the application; the letter from the BIA states that the County has 30 days to respond, but it is unclear what day that letter was sent and it is supposed to be 30 days from the day the letter is sent; and that we are supposed to respond to anticipated conflicts in land use and the BIA refuses to tell us what the proposed use of the land will be. She went on to explained that once you get past the procedural matters the letter goes on to respond to their letter as best we can with the limited information we have. Ms. Marty stated that this particular land area has very few public services today and that it will be difficult to provide any public services to it in the near future because it is not located in an area that has any public services near to it. She said that if we have to provide sanitary sewer, sewer service, water service or even electrical service out there we don't have good facilities to do it at this time. There are no sanitary sewer or water facilities out there. The soonest sanitary sewer will be the Chaska Interceptor line and it is not designed to serve more than the northern one-third of this property. There is no drainage way through this property. She stated that public works has informed her that the drainage into this property and off of this property is more than what we have in the upper valley drainage way. She said that the City has a lot of problems loosing control over this property. She reviewed the property tax implications if the property is placed into trust rather than being developed into residential or industrial property. A brief discussion followed regarding some of the contents of the letter. The Mayor was authorized to make corrections to the letter as he deemed appropriate. Official Proceedings of the June 9 , 1995 Shakopee City Council Page -2- Brekke/Sweeney offered Resolution No. 4230, A Resolution of the City of Shakopee, Minnesota, Opposing the Placement of 580 Acres of Land Into Trust Status by the Bureau of Indian Affairs, United States Department of Interior, and moved its adoption. Motion carried unanimously. Mayor Laurent recessed the meeting at 8 : 53 a.m. for an executive session to discuss matters permitted under attorney client privilege. The council chambers were cleared. Mayor Laurent re-convened the meeting at 9 : 08 a.m. Members of the press were invited back into the council chambers. Mayor Laurent announced that the City Council has just concluded an executive session for purposes of discussion matters permitted under attorney client privilege regarding litigation. As a result of that discussion, Mayor Laurent stated that some intended action expected to happen today could be announced at this time and he asked Ms. Marty to explain that action. Ms. Marty stated that the City is having papers prepared today to file an injunction against the Bureau of Indian Affairs to attempt to halt the placement of the 580 acre parcel known as the former MWCC tract into trust status. She went on to state that the injunction should be filed in Federal Court today and we will be seeking additional time in which to prepare responses and we will be seeking to have the Bureau of Indian Affairs follow the federal regulations and its own procedures in providing the City with appropriate notice and appropriate information in that notice. We will also be following this up with an expression of our concerns. We do not want the land to go into trust and the City will be taking appropriate action to attempt to keep the land from going into trust. There being no other business to come before the City Council , Mayor Laurent adjourned the meeting to Tuesday, June 20, 1995 at 7 : 00 p.m. The meeting was adjourned at 9 : 10 a.m. Vja • ith S. Cox i •y Clerk ' -cording Secretary Ta_.) MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer vMr) SUBJECT: Stop Sign Warrant Study Request DATE: June 20, 1995 INTRODUCTION: Attached is correspondence from Janni Hennes and Colleen Kriese requesting stop signs at the intersection of Pierce Street and Thomas Avenue. They have requested that this issue be addressed at the June 20, 1995 City Council meeting. BACKGROUND: Staff has received several requests to have stop signs installed over the past few months. The past practice has been for the City Council to authorize a warrant study based on citizen request, however, due to increasing requests and limited staff time, staff would like to have further Council direction for warrant studies. Currently, staff has been directed to perform stop sign warrant studies for the intersections listed below. These studies have not yet been completed due to traffic counters being inoperable and in need of replacement. Staff is currently reviewing options for replacing the defective counters. 1. 10th Avenue and Sibley Street 2. 10th Avenue and Ramsey Street 3. 10th Avenue and Swift Street 4. 10th Avenue and Miller Street 5. 10th Avenue and Merrifield Street 6. 10th Avenue and Shakopee Avenue 7. Shakopee Avenue and Dakota Street 8. Polk Street and 12th Avenue Each of these studies takes approximately 10 hours of technician time for traffic counts, 3 hours Engineering time to analyze the data and prepare a report, and 1 hour of Police personnel and computer time to research accident histories. The total cost for each study is approximately $350.00. The criteria for meeting the warrants is specified in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Attached is the pertinent section from the MMUTCD and a summary sheet which staff uses to evaluate stop sign warrants. In c:\dos\stopsign.doc staff's opinion, the request for stop signs on Pierce Street and Thomas Avenue will not meet warrants for traffic. This area is isolated and experiences only local traffic. Normally,the intersections which are being studied do not meet the warrants for traffic or accident rate. There are numerous existing stop signs in the City of Shakopee which do not meet warrants, and present a significant hazard to the traveling public. Unwarranted stop signs often promote non compliance and provide a false sense of security for pedestrians who expect that traffic will obey the signs. The correspondence requesting the stop signs indicates that the primary reason for the request is to protect area residents from excessive speeds on Pierce Street. Staff has reviewed several national studies which indicate that stop signs are not very effective for controlling traffic speeds (other than at the sign itself), and can typically increase midblock speeds as drivers attempt to make up for time lost at the stop signs. This seems to be an enforcement issue that should be routed to the Police Department for appropriate action. ALTERNATIVES: 1. Direct staff to perform a warrant study at the intersection of Pierce Street and Thomas Avenue. 2. Direct staff to forward the complaint to the Police Department. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 2. ACTION REQUESTED: Direct staff to forward the complaint to the Police Department for appropriate action. c:\dos\stopsign.doc Attn: Mayor of City Council Attn: Judy Cox We are writing this letter to ask to be put on the June 20th agenda of the city council meeting. Our plea is to ask for the placement of three stop signs in our neighborhood. The signs to be placed on the east, south and north sides of the Thomas Street and Pierce Street intersections. We are asking for these stop signs because we are concerned for the safety of our neighborhood children and adults. Pierce Street is the main exit to 10th Street for the residents of Menke Street/Menke Circle, Hennes Ave.,Thomas Street and Pierce Street and the amount of traffic and speed of traffic has been observed to be very dangerous at times. Apgar Street is another exit to 10th Street but is seldom used because it is gravel. Some cars can be estimated to be going 50 m.p.h. or more when they pass the homes of the 1000 block of Pierce Street. This traffic is going both North and South. We have asked the police dept. to monitor the speed issue but they suggested that stop signs would be more effective than occasional speed ticketing. There are many young children in the 1000 block of Pierce Street and we are concerned for their well being. We would hope some safety measure, by the city ,could be taken before something harmful would happen to these children. Please consider our plea for the stop signs and make it a priority matter this summer so we can have a safer environment for everyone involved. Thank you , CITY OF SHAKOPEE Janni Hennes-1040 Pierce Street sarn/34/ Colleen Kriese-1036 Pierce Street L . kit •c_�..1_�. JUN 1 19951/4_ EC I7E 30d 3Q INL.&.L 13 1,g12 73 : 90 96 T7 T '90 - \-0 A w N N > NOo, f< n I > c ? ,c- O •. a A n n -, = a oo' 1 ,J' �. -Fi, —• _ n CZ p _ �- m �C A, — 0 , ^ Ono — =• •- •, y = n c n „`�U N H nR. _ Q. '-7 m7 H corl w " o n Q n Cr " /•� A7 n _• �• = O n = 9 A, n7 n v •QS n �' 3 to �< " " n �\ / n W n• O• - Al O "'' n `< ..iii) Cn R Cr 45 n 0 A, ...... v, n. 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" o' - -s r, rn• n n 3 3 0 3 ° — a o c - n - 3 0 < ov — a r s n o S ° 3. •° — 3 z °s a ° m -s C n n n n m' .1 �• c n o' at ' ° 3 n r ° o n o < n — c - a� - c o• - y - n^ r ° o et p .. . O tt C - rD• ' n c. y ^ < cD < S m n O 3 r n •z O c < -s rt c — C' - ,. n r. a . N x :: ri c 3 t< v = rt e- ri o r " e- CD — : WARRANTS FOR MULTI-WAY STOP SIGNS Intersection Analyzed: Date Initials The "Multiway Stop" installation is useful as a safety measure at some locations . It should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal . A traffic control signal is more satisfactory for an intersection with a heavy volume of traffic . Any of the following conditions may warrant a WARRANTS multiway STOP sign installation. MET 1 . Where traffic signals are warranted and urgently needed, the multiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2 . An accident problem, as indicated by five or more reported accidents of a type susceptible of correction by a multiway stop installation in a 12-month period. Such accidents include right - and left-turn collisions as well as right-angle collisions. 3 . Minimum traffic volumes: a . The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day , and b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of a least 30 seconds per vehicle during the maximum hour, but c . When the 85 percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. COMMENTS J0 REVISED RESOLUTION NO. 9217 (Only Condition No. 2.d has been added) A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR THE MEADOWS WEST 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for The Meadows West 2nd Addition on May 8, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for The Meadows West 2nd Addition, described as: Outlot B, and Outlot C, The Meadows West 1st Addition, and that part of Outlot D, The Meadows West 1st Addition, described as follows: Beginning at the most easterly corner of said Outlot C; thence North 46 degrees, 32 minutes, 38 seconds East, at a right angle to the northeasterly line of said Outlot C, 120.00 feet to the northeasterly line of said Outlot D; thence South 43 degrees, 27 minutes, 22 seconds East, along the northeasterly line of said Outlot D, 80.00 feet; thence South 46 degrees, 32 minutes, 38 seconds West, 120.00 feet to the southwesterly line of said Outlot D; thence North 43 degrees, 27 minutes 22 seconds West, along the southwesterly line of said Outlot D, 80.00 feet to the point of beginning. is hereby approved subject to the following conditions: 1. 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 public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250 per sign pole(5 x$250= $1,250.00). vi) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. viii) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: a) The applicant shall submit verification that the ownership of Outlot B has been transferred to the owner of the adjacent property to the south, with the intent that Outlot B will be combined with the lot to the south proposed within the Orchard Park subdivision. b) The applicant shall revise the Final Plat to rename the portion of the street labeled as "Foxglove Lane"to"Whitney Street". c) Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to CR 77 shall be limited by dedicating the access rights to the County in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. d) The developer shall pay $15,280.99 for the VIP sewer connection charge. ($8,203.94 is for parcel no. 27-192073-0 and$7,077.05 is for parcel no. 27-192074-0.) 3. Approval of the Preliminary Plat is contingent upon the following: a) The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 4. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: a) The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. 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: City Attorney /0 a) CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner . Date: June 13, 1995 Re: Final Plat for The Meadows West 2nd Addition Introduction Gold Nugget Development, Inc. is requesting approval of the Final Plat for The Meadows West 2nd Addition. The subject site is located adjacent to CR 79 and CR 77, south of the Upper Valley Drainage way, and north of the existing P&V Addition. A copy of the June 8, 1995, Planning Commission staff memo has been attached for your reference. Background and Discussion The site was annexed into the City of Shakopee in 1988 from Jackson Township, and remained zoned Agricultural until recently, when it was rezoned to Urban Residential at the request of the applicant. The Preliminary Plat was approved in the fall of 1994, and proposed 155 lots on 63.45 net acres, at a density of 2.45 lots per acre. With this application, the applicant is requesting Final Plat approval for 31 single family residential lots for the second phase of the development. Alternatives 1. Approve the Final Plat for The Meadows West 2nd Addition. 2. Do not approve the Final Plat for The Meadows West 2nd Addition, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat for The Meadows West 2nd Addition(Alternative No. 1), subject to conditions. Action Requested Offer Resolution No. 4217, A Resolution Approving the Final Plat for The Meadows West 2nd Addition, and move its adoption. {J:\PLAN\CC\I995\CC 0620} RESOLUTION NO. 4217 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR THE MEADOWS WEST 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for The Meadows West 2nd Addition on May 8, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF 1'HL CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for The Meadows West 2nd Addition, described as: Outlot B, and Outlot C, The Meadows West 1st Addition, and that part of Outlot D, The Meadows West 1st Addition, described as follows: Beginning at the most easterly corner of said Outlot C; thence North 46 degrees, 32 minutes, 38 seconds East, at a right angle to the northeasterly line of said Outlot C, 120.00 feet to the northeasterly line of said Outlot D; thence South 43 degrees, 27 minutes, 22 seconds East, along the northeasterly line of said Outlot D, 80.00 feet; thence South 46 degrees, 32 minutes, 38 seconds West, 120.00 feet to the southwesterly line of said Outlot D; thence North 43 degrees, 27 minutes 22 seconds West, along the southwesterly line of said Outlot D, 80.00 feet to the point of beginning. is hereby approved subject to the following conditions: 1. 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 public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250 per sign pole(5 x$250= $1,250.00). vi) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. viii) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: a) The applicant shall submit verification that the ownership of Outlot B has been transferred to the owner of the adjacent property to the south, with the intent that Outlot B will be combined with the lot to the south proposed within the Orchard Park subdivision. b) The applicant shall revise the Final Plat to rename the portion of the street labeled as `Foxglove Lane"to`Whitney Street" c) Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to CR 77 shall be limited by dedicating the access rights to the County in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. 3. Approval of the Preliminary Plat is contingent upon the following: a) The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 4. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: a) The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. 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: City Attorney Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planne . Meeting Date: June 8, 1995 Re: Final Plat for The Meadows West, 2nd Addition Site Information Applicant: Gold Nugget Development, Inc. Location: Adjacent to CR 79 and CR 77, south of the Upper Valley Drainageway, and north of the existing P&V Addition. Current Zoning: Urban Residential(R1-B). Adjacent Zoning: North: R-1B Urban Residential South: R-1B Urban Residential East: R-1B Urban Residential West: R-1B Urban Residential Comp. Plan: 1980: Land use was not designated. Draft 1995: Single Family Residential. Area: 65.47 Acres in Preliminary Plat/28.05 in 2nd Addition. MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction Gold Nugget Development, Inc. is requesting approval of the Final Plat for The Meadows West, 2nd Addition. Background The site was annexed into the City of Shakopee in 1988 from Jackson Township, and remained zoned Agricultural until recently, when it was rezoned to Urban Residential at the request of the applicant. The Preliminary Plat was approved in the fall of 1994, and proposed 155 lots on 63.45 net acres, at a density of 2.45 lots per acre. With this application, the applicant is requesting Final Plat approval for 31 single family residential lots for the second phase of the development. Considerations Context: 1. The approved 1990 draft Comprehensive Plan has designated this area for single family residential development, and the site is currently zoned Urban Residential (R-1B). The purpose of the Urban Residential Zone is to provide an area for residential development where public sanitary sewer and water are available. 1 2. The applicant is developing the site in three phases, starting on the eastern side of the plat, adjacent to CR 79, and working to the west, to CR 77. The Final Plat for the 1st Addition was approved in the fall of 1994. This application is for the Final Plat for the 2nd phase of the development. 3. All lots within the proposed development meet or exceed the 9,000 square foot minimum lot size requirement within the R-1B Zone, as well as the minimum lot width (60 feet) and the minimum lot depth(100 feet). General Considerations: 4. The applicant has labeled a portion of "Whitney Street", most of which was dedicated with the first phase, as "Foxglove Lane". This must be revised and labeled as "Whitney Street". The remaining street names are in conformance with the City's street naming policies. 5. The applicant is proposing to plat a small remnant parcel (labeled "Outlot A") located south of Vierling Drive in the southwest corner of the plat. Since the subdivision regulations do not allow the platting of remnant parcels, the ownership of this outlot must be transferred to the adjacent property owner to the south. A condition was approved with the Preliminary Plat which required the developer to transfer the ownership of Outlot A to the owner of the adjacent property to the south prior to the recording of the Final Plat for that phase of the development. This condition has been carried forward to this Final Plat. The intent is that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. Transportation Issues: 6. The Transportation Section of the draft 1990 Comprehensive Plan has designated Vierling Drive and CR 77 as collector streets. This roadway classification provides both traffic movement between different areas in the City and requires limited direct access to other public streets. A collector street within the urban area has the capacity to carry 1,000 to 5,000 vehicles per day. 7. City staff recommends that the access rights to Vierling Drive be limited by dedicating the access rights to the City in the dedication statement for the Final Plat, and to show these access limitations on the Final Plat drawing. 8. The Scott County Highway Department recommends that access rights to CR 77 be limited by dedicating the access rights to the County in the dedication statement for the Final Plat, and to show these access limitations on the Final Plat drawing. 9. Approved Entrance Permits will be required for the construction of Vierling Drive. The applicant has submitted an application for Entrance Permits from the Scott County Highway Department. 2 10. No right-of-way dedication for CR 77 is required because the Minnesota Department of Transportation has already acquired a 100 foot wide right-of-way in this area. The Scott County Highway Department has commented that they are in agreement with the amount of right-of-way proposed to be dedicated for CR 77 . Engineering and Utility Issues: 11. There is a 125 foot wide easement for Northern States Power Company, as well as a 50 foot wide Minnegasco easement located along the south side of the proposed plat. Minnegasco has commented that the homes that will be constructed on the lots which contain this easement must be placed a minimum of 10 feet from the easement in order to meet FFA and VA loan requirements. Minnegasco will not release any portion of their easement for the builders that do not comply with this requirement. 12. Shakopee Public Utilities (SPUC) has commented that water availability is subject to their standard terms and conditions, including, but not limited to, approval of the watermain design, inspection of the watermain installation, and fees for the inspections, trunk water charge, water connection charges, and meter charges. Single phase electrical power is available subject to standard terms and conditions. The developer will be required to enter into an underground distribution agreement with SPUC. Other Considerations: 13. The developer has requested a one year delay in the requirement to set the iron monuments for the plat. A condition has been recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The developer will be required to provide adequate financial guarantees to ensure compliance within the one year time frame. 14. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. The site was appraised by Paul Smith& Associates in the fall of 1994 at $970,000.00. Using this appraised value in the park land dedication calculation, the park dedication requirement would be $556.97 per residential lot. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due at the time of the approval of the plat by the City Council. The developer for this proposed plat has recently submitted a request to defer the Park Dedication payments to the time of the issuance of the Building Permit. If approved, the City Council will enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 15. There are existing special assessments on this site of$16,568.06 for the VIP extension, as well as pending assessments and sewer connection charges. 3 Alternatives Recommend that the City Council approve the Final Plat, subject to conditions. 2. Modify the recommended conditions, and recommend that the City Council approve the Final Plat, subject to the modified conditions. 3. Recommend that the City Council deny the request for approval of the Final Plat, stating the reasons for the denial. 4. Table the decision and request additional information from the applicant and/or staff. Staff Recommendation Staff recommends Alternative No. 1,to recommend approval of the Final Plat for The Meadows West, 2nd Addition, subject to the following conditions: 1. 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 public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250 per sign pole(5 x$250=$1,250.00). vi) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. viii) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. 4 2. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: a) The applicant shall submit verification that the ownership of Outlot A has been transferred to the owner of the adjacent property to the south, with the intent that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. b) The applicant shall revise the Final Plat to rename the portion of the street labeled as "Foxglove Lane"to"Whitney Street". c) Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to CR 77 shall be limited by dedicating the access rights to the County in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. 3. Approval of the Preliminary Plat is contingent upon the following: a) The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 4. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: a) The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for The Meadows West, 2nd Addition, and move its approval. {TERRIE\PLANCOMM\FPMEADO2.NN} 5 - EXHIBIT A _ '•!� �� •= 0M . . MOM I �.,�E Iva �! �I g 0- s earn wia I Immil aim A � I IIIIIIBIE4 Ms o . ,s er2511�.® II �:ii t raisin's I P► 41 a+c , v . l'.1 �Oe(:Ifl' fl ©a , I . 'I' 1 via , ►,a.es �._. - � o� 3, Cis Z °1ET 1•� a 2 s 1,- ' ' R 1 B —. 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I 1� '1 >u D " 30 JO I a 150.01 - 30.00 30.00L_ __ " C� "'• Y1 ii ,i--A ,,,,, 125.01 -__J 1111v, , E 335.02 - -- s S 04'51'50" yy 1 1��_t , 1; cm �E Q, IDS CONSENT Memo To: Dennis Kraft, City Administrator A From: Terrie A. Thurmer, Assistant City PlannerS--,' Date: June 13, 1995 -� Re: Amendment to Public Mini-Storage Planned Unit Development Introduction Mr. Tony Sadat of North Imports has submitted an application for an Amendment to the Public Mini- Storage Planned Unit Development (PUD). The site is located at 1885 3rd Avenue, and is zoned Highway Business (B-1). The applicant is requesting the amendment to allow the repair of automobiles and the sale of used cars. Both of these proposed uses are listed as Conditional Uses within the B-1 Zone. A copy of the June 8, 1995, Planning Commission staff memo has been attached for your reference. Background and Discussion The Public Mini-Storage PUD was approved by the City Council in March of 1994. It covers 7.40 acres and is located on Outlot E, and part of Outlot D, Husman Addition. The applicant requested approval of the PUD in 1994 to construct 10 structures on Outlot E, Husman Addition; one office / shop structure, and nine mini-storage structures, each containing between 18 and 70 units. The Zoning Ordinance that was in effect during the early portion of 1994 required the approval of a PUD in order to construct more than one principal building on a lot. There are currently nine mini-storage structures on Outlot E, and each of these structures contain between 18 and 70 storage units. The applicant is not proposing any changes to these structures. However, he is proposing to perform automobile repair within the structure designated as "office / shop" in the original PUD application. This "office / shop" structure would also be used as a sales office for the automobile sales lot which is proposed to be located on the portion of Outlot D owned by the applicant, and located north of the existing"office/shop" structure. Alternatives 1. Approve the Amendment to the Public Mini-Storage Planned Unit Development. 2. Do not approve the Amendment to Public Mini-Storage Planned Unit Development, stating the reasons for the denial. 3. Table the decision, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Amendment to Public Mini-Storage Planned Unit Development(Alternative No. 1), subject to conditions. Action Requested Offer Ordinance No. 418, Fourth Series, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Commonly Known as the Public Mini-Storage Planned Unit Development from Highway Business(B-1)to Planned Unit Development Overlay Zone No. 4, and move its adoption. {J:\PLAN\CC\1995\CC0620 TUDAMINI.620} ORDINANCE NO. 418, 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 HIE PUBLIC MINI-STORAGE PLANNED UNIT DEVELOPMENT FROM HIGHWAY BUSINESS (B-1)TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 4. WHEREAS, the Shakopee City Council did approve the Development Plans for the site commonly known as the Public Mini-Storage Planned Unit Development, on March 22, 1994; and WHEREAS, the owners of the land described on Exhibit A, commonly known as the Public Mini-Storage Planned Unit Development, submitted an application requesting an amendment to their Development Plans and rezoning from Highway Business (B-1)to Planned Unit Development; and WHEREAS, notices were duly sent and posted, and a public hearing was held on June 8, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the amendment and the rezoning request to the City Council. 1'HE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.03 is hereby amended by rezoning land described on Attachment 1., commonly known as the Public Mini-Storage Planned Unit Development, from Highway Business (B-1)to Planned Unit Development Overlay Zone No. 4. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below: 1. The following variances from the Zoning Ordinance are approved: a) Section 11.40, Planned Unit Development (PUD), Subd. 2.0 which states that PUD sites must be served by City water and sewer services except in the R-1 and Shoreland zones. Since City services are not available to this site, a variance to this requirement allows the applicant to install a well and a septic system for the office / shop structure. (This was approved in the original Planned Unit Development on March 22, 1994.) 2. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". (This was approved in the original Planned Unit Development on March 22, 1994.) 3. The following procedural actions must be taken: a) A Development Agreement stating the conditions of approval of the Planned Unit Development must be filed with the Scott County Recorder. 4. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. 5. No unlicensed and/or inoperable vehicles shall be stored on the site, except within an enclosed structure or within a screened storage area. 6. All repair, assembly, disassembly, and maintenance of vehicles shall be conducted entirely within an enclosed structure, except for minor maintenance (tire inflation / wiper replacement). 7. The applicant shall install floor drains which empty into holding tanks. Disposal of this waste shall be off-site. 8. The approval of a "Change of Occupancy Permit" from the Building Department will be required prior to the approval of any Building/Grading Permits for the site. 9. 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 becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. ATTACHMENT 1 Legal Description of the Public Mini-Storage Planned Unit Development Overlay Zone Outlot D, Husman Addition, EXCEPT... That part of Outlot D, Husman Addition, lying northeasterly of the following described line: Beginning at a point on the southeasterly line of said Outlot D, distant 342.62 feet southwesterly of the most easterly corner of said Outlot D; thence northwesterly to a point on the Northerly line of said Outlot D, distant 391.92 feet westerly of the most easterly corner and there terminating. AND That part of Outlot E, Husman Addition, according to the recorded plat thereof, lying easterly of the west line of Government Lot 7, Section 2, Township 115, Range 23, Scott County, Minnesota. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: June 6, 1995 RE: Amendment to Public Mini-Storage Planned Unit Development Site Information Applicant: North Imports, Tony Sadat Location: 1885 3rd Avenue West Current Zoning: Highway Business(B-1) (See Exhibit A.) Adjacent Zoning: North: B-1 Highway Business South: B-1 Highway Business East: B-1 highway Business West: Jackson Township/Light Industrial Comp. Plan: 1980: Commercial Draft 1995: Light Industrial Area: Approximately 3 acres MUSA: The site is not located within the MUSA. INTRODUCTION Mr. Tony Sadat of North Imports has submitted an application for an Amendment to the Public Mini- Storage Planned Unit Development (PUD). The applicant is requesting the amendment to allow the repair of automobiles and the sale of used cars. The site is located at 1885 3rd Avenue, and is zoned Highway Business(B-1). (See Exhibit A.) The purpose of the Planned Unit Development Overlay Zone (PUD) is to encourage innovation, variety and creativity in site planning and architectural design; to maximize parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors. Uses permitted in a PUD are limited to the permitted, conditional, and accessory uses allowed in the underlying zone, except as specifically authorized in the development plan. Uses may consist of one or a mixture of land uses as designated in the approved development plan. The City may place more restrictive conditions on the mixture of uses within a PUD to ensure preservation of the public health, safety, and welfare, compliance with the intent of the PUD chapter, and that land uses occurring within the PUD and between the PUD and the surrounding land uses, do not conflict. 1 Criteria for Granting a Planned Unit Development Application Section 11.83, Subd. 8, states that the City Council is required to its decision to grant or deny an application for a planned unit development upon the following factors: 1. Whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance(Section 11.50, Planned Unit Development Overlay Zone); 2. Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; and 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping BACKGROUND The Public Mini-Storage PUD was approved by the City Council in March of 1994. It covers 7.40 acres and is located on Outlot E, and part of Outlot D, Husman Addition. The applicant requested approval of the PUD in 1994 to construct 10 structures on Outlot E, Husman Addition; one office / shop structure, and nine mini-storage structures, each containing between 18 and 70 units. The Zoning Ordinance that was in effect during the early portion of 1994 required the approval of a PUD in order to construct more than one principal building on a lot. The revised Zoning Ordinance currently in effect allows more than one principal structure per lot as a Conditional Use. CONSIDERATIONS 1. The draft 1995 Comprehensive Plan has designated this area for Light Industrial development, and the site is zoned Highway Commercial (B-1). The purpose of the Highway Business District is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. 2. No open space is required for a commercial PUD, and no natural features were to be retained on this site. In order to develop the site as proposed, the applicant received approval of the following variances from the Zoning Ordinance that was in effect in early 1994: a) Section 11.03, Subd. 3.C, regarding Lot Provisions, which stated, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". b) Section 11.40, Planned Unit Development (PUD), Subd. 2.C, which stated that PUD sites must be served by City water and sewer services, except in the Rural Residential and Shoreland Zones. Since City services had not been extended to this site, the applicant installed a well and a septic system for the office/shop structure. 3. There are currently nine mini-storage structures on Outlot E, and each of these structures contain between 18 and 70 storage units. The applicant is not proposing any changes to these structures. However, he is proposing to perform automobile repair within the structure designated as"office/shop" in the original PUD application. 2 This "office / shop" structure would also be used as a sales office for the automobile sales lot which is proposed to be located on the portion of Outlot D owned by the applicant, and located north of the existing "office / shop" structure. In addition, the applicant is currently a wholesale distributor of automobile glass and radiators in Minneapolis, and would like to open a second location at this site. 4. Section 11.36, Subd. 3 lists the Conditional Uses within the Highway Business (B-1) Zone. The following are applicable to this amendment request: a) Vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, replacement of any part or repair of any part, incidental body and fender work, painting or upholstering. b) Open sales lots or any use having exterior storage of goods for sale. 5. Scott County Environmental Health has expressed concerns with this proposal with regard to the dismantling of vehicles. This site is highly susceptible to groundwater contamination due to the shallow depth of the limestone. They are recommending that all work performed upon automobiles be done entirely within the "office / shop" structure, and the installation of floor drains which empty into holding tanks for off-site disposal.. Staff is recommending conditions to comply with this request. 6. The Building Department has commented that a "Change of Occupancy Permit" will be required. A condition has been recommended regarding this requirement. 7. A copy of Resolution No. 3975, A Resolution Approving the Planned Unit Development for the Public Mini-Storage PUD, has been attached as Exhibit C. Staff has discussed the following concerns regarding this document and/or the approval of the original PUD with the Legal Department: a) Amendment to the Zoning Ordinance. The Zoning Ordinance (Chapter 11) was revised late last year to include a PUD overlay zone. A PUD is now a rezoning, which in turn is an amendment to the Zoning Ordinance. As such, PUDs are no longer approved by resolution, but by ordinance. Since the original PUD was approved by resolution in early 1994, the approval of this amendment will trigger the appropriate ordinance to be prepared and recorded. b) Portion of PUD is not located within the City of Shakopee. The original PUD was approved in early 1994 on land platted in 1957, Outlot E, and a portion of Outlot D, Husman Addition. The southern portion of Outlot E is not located within the City limits, and is within Jackson Township. If this amendment is approved, the legal description must be revised to exclude the portion of the site outside of the jurisdiction of the City. The applicant should contact the appropriate Township and County staff to ensure that the part of the development outside of the City of Shakopee is in conformance with their requirements. 3 c) Error in Legal Description. The legal description provided on this resolution is incorrect. A portion of Outlot D, Husman Addition is not included in the legal description, but the portion of Outlot D that was sold is included in the legal description. If this amendment is approved, this will be corrected with the recording of the PUD ordinance. 8. Section 11.87 discusses Conditional Use Permit Standards for Business Zones. Subd. 2.Z provides the standard conditions for open sales lots. Item 4 states the following, "Shall not have any uses in any required front, side, or rear yard setback, or in any required parking area". Within the B-1 Zone, this would prohibit outside displays from being located within the 30 foot front yard setback, the 30 foot street side yard setback, the 20 foot interior side yard setback, and the 30 foot rear yard setback. Staff is of the opinion that this is too restrictive, and is proposing to recommend that this requirement be amended in the near future. Staff has not included this standard condition as a recommended condition of approval due to its restrictive nature, as well as the circumstances at the PUD site. There is currently a 6 to 8 foot tall fence located along the front property line of the portion of the site where the used car sales lot is to be located. To require a 30 foot front yard setback, as well as the 20 foot side yard and 30 foot rear yard setbacks in addition to this fence would not be an efficient use of the land. However, if the Planning Commission feels differently, the inclusion of this standard condition could be added to the list of recommended conditions. ALTERNATIVES 1. Recommend to the City Council the approval of the request for an amendment to the Development Plans. 2. Modify the recommended conditions, and then recommend approval of the amendment to the Development Plans to the City Council. 3. Recommend to the City Council the denial of the request for an amendment to the Development Plans. 4. Continue the public hearing and request additional information from the applicant and/or staff. STAFF RECOMMENDATION Staff recommends the approval of the request for an amendment to the Public Mini-Storage Planned Unit Development (Alternative No. 1), subject to the original conditions of approval, plus the following conditions: 1. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. 4 2. No unlicensed and/or inoperable vehicles shall be stored on the site, except within an enclosed structure or within a screened storage area. 3. All repair, assembly, disassembly, and maintenance of vehicles shall be conducted entirely within an enclosed structure, except for minor maintenance(tire inflation/wiper replacement). 4. The applicant shall install floor drains which empty into holding tanks. Disposal of this waste shall be off-site. 5. The approval of a "Change of Occupancy Permit" from the Building Department will be required prior to the approval of any Building/Grading Permits for the site. 6. The portion of Outlot E that is located within Jackson Township must be excluded from the legal description for the PUD. The applicant shall provide the legal description for the portion of Outlot E, Husman Addition, which is located within the City of Shakopee to City staff. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of an amendment to the Development Plan for the Public Mini-Storage Planned Unit Development, and move its approval. {TERRIE\PLANCOMM\PUDAMMIN.JUN} 5 __ _ . EXIIIBIT A r 1 1 f 1 I I I .N 1 I / i \, • k I /. F- , . \ - x - i Z . r , - \\ -AdO • --_---- ---'•I, .4. ir--- _ ..._ .......... IA%.. 1 V _. . ....,:„.;,..-_ F •............• ..47 sv 1.• tAg•_ lies:I . SUBJECT SITE E-1 A G ,4-',C;7: .1:i...i TI....;R-7 . 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LI .-I;- — _ Zoning Map . City of SHAKOPEE EXHIBIT B RECIETVikcL i:';� ',Y1S199S May I0, 1995 Tony Sadat 1885 West 3rd Ave Shakopee, Minnesota 55379 City of Shakopee Shakopee, Minnesota 55379 Dear Staff: I would like to apply for a permit for selling used vechicles. I am a wholesale distributor of automobile glass and radiators in Minneapolis, and I would like to add a second location in Shakopee at 1885 West 3rd Avenue. I do not need any outisde display. The entire business would be conducted inside the building and behind the fence on the property. Thank you. Sincerely, t � d�> �- EXHIBIT C RESOLUTION NO. 3975 A RESOLUTION OF THE CITY OF SHAKOPEE, MLNNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE PUBLIC MINI-STORAGE PLANNED UNIT DEVELOPMENT (PUD). WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Development Plans for the Planned Unit Development of Public Mini- Storage on March 3, 1994, and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, ML\NESOTA, as follows: That the Preliminary and Final Development Plan for the Planned Unit Development of Public Mini-Storage, legally described as: Outlot E, Husman Addition; and that part of Outlot D, Husman Addition, lying north-easterly of the following described line: Beginning at a point on the southeasterly line of said Outlot D, distant 342.62 feet southwesterly of the most easterly corner of said Outlot D; thence northwesterly to a point on the northerly line of said Outlot D, distant 391.92 feet westerly of said most easterly corner and there terminating. is hereby approved subject to the following conditions: 1. The following variances from the Zoning Ordinance are approved: A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, • "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". B. Section 11.40, Planned Unit Development (PUD), Subd. 2.0 which states that PUD sites must be served by City water and sewer services except in the R-1 and Shoreland zones. Since City services are not available to this site, a variance to this requirement allows the applicant to install a well and a septic system for the office / shop structure. 2. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the Planned Unit Development must be filed with the Scott County Recorder. 3. The following must be completed prior to the recording of the Final Development Plan with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Development Plan with the Scott County Recorder's Office. 4. Approval of the Preliminary and Final Development Plans are contingent upon the following: A. Approval of the Final Development Plan is contingent upon the approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. B. Approval of the Final Development Plan is contingent upon the approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. C. Approval of the Planned Unit Development is contingent upon the approval of all permits required from the Minnesota Pollution Control Agency for the on-site sewage system. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in • session of the City Council of the City of Shakopee, Minnesota, held this ,2/Ndday f f y ��v , 1994. 442z24_,2., Mayor -of t 4y of Shakopee Attest: tip ` / City Clerk • "roved as to form: Lam, " City Attorney ________ _ . . ....... 1 0 a „ 4) ^ . r 0 / , H II r-y„ e l'‘ try/ xti 'N..- A - $ A / / , /1 41 CI4 isN't \\,./ Ne 11 M 411 2. It L Y ~ a • R F��ST. -}Ir Go' p (� fir. t FN.KKING. I SIX NIr4 tpki.t.S. i. Lei ' ' Al --- - - �E k 3 o L, 1 •---- ... • -zp. 4 it,________41'. . r 2- ? i x / , §e.± 0 . 4Ca' ill i t 4 cP- ,.__.' ---------- 0 ____ a\ , 1 iv n. ' '•IN _„ w 1, x ♦ K x x -1. M 0• CP td k I .. -L. In ____________/ ' , [ H iij g a -p a N 6 kt II' i' f. -.' i:4 0 4' : . d t:: \n O o ,o' 0 1- \ 0 . • ,.. t.: CI D p IsT. _ I)1.. .4 V' -i() ' 1111111 4 Pr _ . .. (1‘ 7 • L „. . .•.. • .. _ L /40 ' s.. 6,`t x 1 «i �'ss s tcl :4 . I. M • k —_� / • LItgAtil r- 11 �\ma $$ ti0 m -- ("�” ' z`to • o1P C'' m (J1c"" VII "1 % z Z - _ .., -. 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I , , , . ,,. / r • • 11 4 • I /I ,. \ Ill ' / I ' 1,: , , ,,, , -. \ . \ / \ / ' 116 t r p ,J 1. \ z t \ •, \ / 1 , 4 : ,—,•-a I, I :1,, i a , ,, \ \ / \ 0 , o •1 i .-- LLL. 1 , t , / i t , 1 '• `..--' I \ \ 1 t 1 ar_c i . - .. ' , _ / 11 . . :, L. ••i / , C• . . /_. 1 7. .j ....._, '.. I c -A • , , 1 1 1 1:1 I ; ip 0 .,• --.: , , . • I I / „ 0 ,,,rt• ,l'U i:, 1 \ / I I , A / I I .._;5...„, . , A • • ;r. *. / \ I' f '`.C"., ........-- • • ' • >. -------*--e- ..,,' _I,1 2 C.,ii tria ^ IN.., I IQ MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer On') SUBJECT: Fence Maintenance Agreement DATE: June 20, 1995 INTRODUCTION: At the public hearing for the 1993 Street Reconstruction Project, the City Council directed staff to install a safety fence or railing along the retaining wall at the corner of 6th Avenue and Spencer Street. The attached agreement addresses future ownership and maintenance of this fence. J3ACKGROUND: Staff has investigated several options for the fencing material. The option which was the lowest maintenance was an iron railing. The cost to purchase the materials and install the fence was $4,800.00. Another alternative was a wooden split rail fence, which would cost $580.00 for materials and could be installed by the Public Works Department. The City Administrator reviewed all the alternatives, and approved the purchase and installation of the wooden split rail fence. Due to increased maintenance costs for the wooden fence over the iron railing, staff has drafted the attached agreement which specifies that the adjacent property owner will own and maintain the fence in an operable and attractive manner. Furthermore, the property owner will replace the fence at the end of it's useful life. The property owners (Mr. and Mrs. Carlson) have reviewed the agreement, and are comfortable with the terms. ALTERNATIVES: 1. Move to authorize the appropriate City Officials to execute the Fence Maintenance Agreement. 2. Do not approve the agreement. 3. Table for additional information from staff. c:\dos\fence.doc RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City Officials to execute the Fence Maintenance Agreement. c:\dos\fence.doc AGREEMENT THIS AGREEMENT, entered into this day of 1995, by and between hereinafter known as Property Owner, owning property addressed as , and the City of Shakopee, hereinafter known as the City, with offices at 129 S . Holmes St . , Shakopee, MN 55379 . WHEREAS, the City desires to install a low-maintenance iron railing on top of a retaining wall; and WHEREAS, the Property Owner has requested that a relatively higher-maintenance wooden split rail fence be installed instead; and WHEREAS, the Property Owner agrees to maintain this fence . NOW, THEREFORE, it is agreed by and between the parties as follows : 1 . The City shall install a wooden split rail fence on top of the retaining wall located on public right-of-way abutting the Property Owner' s property. 2 . After installation is complete, the fence shall become the property of the Property Owner. 3 . At the request of the Property Owner, the City is installing this wooden fence rather than a low-maintenance iron railing. 4 . In consideration for the City' s installing the requested fence, the Property Owner agrees to maintain the wooden split rail fence . The Property Owner shall be responsible for maintaining the fence in an attractive, non-hazardous condition, that provides continuous protection from falling, tripping, stepping, or otherwise accidentally travelling over the retaining wall . 5 . The Property Owner shall maintain the wooden split rail fence in good condition for so long as a retaining wall exists on the public right-of-way abutting the Property Owner' s property. 6 . The Property Owner may replace the wooden split rail fence at any time, subject to all statutes or ordinances, at the Property Owner' s sole expense . Any replacement must provide a continuous railing or fence along the entire retaining wall . 7 . This Agreement shall be binding on Property Owner' s successor and assigns . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. PROPERTY OWNER CITY OF SHAKOPEE By By Mayor By By City Administrator By City Clerk STATE OF MINNESOTA ) ss . COUNTY OF SCOTT ) The foregoing was acknowledged before me this day of , 1995, by , Grantor (s) . Signature of Person Taking Acknowledgement STATE OF MINNESOTA ) ss . COUNTY OF SCOTT ) The foregoing was acknowledged before me this day of , 1995, by Gary Laurent, Dennis Kraft, and Judith Cox, the Mayor, City Administrator and City Clerk of the City of Shakopee, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgement This Instrument drafted by: Karen Marty, City Attorney 129 S . Holmes St . Shakopee, MN 55379 [1MEMO] -2- . 2- Ili MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer l�M SUBJECT: Neighborhood Speed Watch DATE: June 15, 1995 INTRODUCTION: Staff has received several letters and complaints regarding traffic speed on City streets. To respond to this situation, a Neighborhood Speed Watch Program has been outlined. At this time, staff would propose implementing the program on a trial basis to determine the effect on traffic speeds, and the impact on City staff time to run the program. Attached is a brief summary of the Neighborhood Speed Watch Program which was published by the Institute of Traffic Engineers. BACKGROUND: The Neighborhood Speed Watch is a program designed to get the Community involved in monitoring and regulating speeds in their neighborhoods. Under this program, the neighbors are given a radar speed detector and allowed to track the speed of vehicles in their area. Traffic data such as location,time, traffic volume, speeds and license numbers are recorded by the residents. This information is then submitted to the Police Department, who may issue warnings to vehicle owners who have been exceeding the posted speed limit. A program of this type has several potential advantages: 1. The neighborhood is involved in monitoring a perceived problem in their area. 2. This type of program helps to raise the awareness of drivers and allows the residents to know exactly how fast the traffic in their area is traveling. Sometimes a perceived problem becomes a non-issue when the speed of the traffic is measured. 3. The information gathered by the program participants can assist the Police Department in locating areas which need additional enforcement, without having to expend time to have an officer collect the data. Implementing a program such as this may involve staff time to track the license numbers reported by the residents and sending out warnings. The Police Chief is in support of the program on a trial basis. j:\eng\user\pat\speed.mo If the program proves successful, staff will report to the City Council on equipment or funding which would be needed to fully implement the program. Staff anticipates an additional radar device (cost about $2,500 - $3,000) would be needed to continue the program on a permanent basis. ALTERNATIVES: 1. Direct staff to implement the Neighborhood Speed Watch Program on a trial basis. 2. Continue the current enforcement practices. 3. Do nothing. RECOMMENDATION: Staff recommends Alternative No. 1. Staff will report back to the City Council on the effectiveness of the program and the demand on staff time and other resources. ACTION REQUESTED: Direct staff to implement the Neighborhood Speed Watch Program on a trial basis. j:\eng\user\pat\speed.mo SPEED WATCH CHAPTER 3 SPEED� The Neighborhood Speed Watch Program, which borrows some of the NeighborhoodwAircH Crime Watch concepts, relies on neighborhood participation to create awareness and thus help control speeds in neighborhoods. A per- sonal letter may be sent to local residents as- king for their cooperation and personal visits SPEED • • by neighborhood committee members may in- e 31 dude an appeal for cooperation if a self con- tained subdivision is involved. Signs may be erected. Radar observations by transportation personnel or neighborhood residents trained in the use of a radar unit are then made. One runs the unit and one records vehicle and In others, the speed reductions were evidently speed information. Speeders are sent letters not significant. Speeds typically go down by the Traffic or Police Department pointing during the watch, but may not remain down i out the inconsistent speeds relative to stand- later. Data is needed. ards adopted by their friends and neighbors. Traffic Noise, Air Quality and Energy Con- In many cases, the speeders turn out to be local sumption. Little or no effect. residents. When neighborhood residents run Traffic Safety. Possibility of improved safety the unit, they learn first hand about the prob- through reduced speed. lem or lack thereof. This technique could be a part of a low cost initial phase attempt to slow Community Reaction. This program has been speeders. Later phases could involve physical perceived positively by the neighborhoods - design or other changes if this technique fails even in areas where significant speed reduc- to produce lasting speed reductions. tions were not measurable. Residential speed complaints virtually ceased in the Georgia Effects case. In many cases, the neighborhood resi- Volumes. Essentially no change since traffic is dents may find that no significant problem local. exists. Speed. In two Georgia subdivisions, 85th per- Cost centile speeds were reduced from 45 to 35 mph This technique can typically be fairly low in and the total number of vehicles exceeding 50 cost requiring a radar gun and some data mph was reduced from 56 to 13 vehicles daily. processing and training (staff time). Neighborhood Traffic Control January 1994 3-1 Additional Considerations References This is a rather new technique. This synopsis Feb.1990 ITE Journal Article was taken from a single county in Georgia as Gwinnett County,Georgia documented in the ITE Journal and from in- Portland Neighborhood Speed Watch Program formation about the Bellevue, Washington Portland Office of Transportation and Portland, Oregon programs. 1220 SW 5th Street,Room 730 Portland,Oregon 97204-1969 The county program cited is managed by a City of Bellevue single technician. Department of Public Works P.O.Box 90012 Possible concerns with causing conflict be- Bellevue,Washington 98009-9012 tween citizens involved -- "vigilantism". Case Study There is no local case study to cite. However, WARNNEIGHBORHOODING R G the Gwinnett County Georgia article, upon SPEED WATCH which this synopsis is based, is essentially a Wairl( 017 case study. N u ivaa+PROGRAM SPEEDERS PROSEplTE D ,T6� Neighborhood Traffic Control January 1994 3-2 Ic_ CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie A. Thurmer, Assistant City Planner.A RE: Request for Extension of the 12 Month Time Period for Approval of the Preliminary Plat for Maple Trails Estates DATE: June 2, 1995 INTRODUCTION The City has received a request from Harley Hohenstein and Laurent Builders, Inc. to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of an additional 12 months in which to file the final plat for the second addition for this development. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. Attached is a letter from Mr. Randy R. Laurent of Laurent Builders, Inc. BACKGROUND On July 21, 1992, the City Council approved the Preliminary Plat for Maple Trails Estates, and the Final Plat for the first addition was approved on September 15, 1992. City Code Section 12.03, Subd. 3.G states the following: "Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2. That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3. The Council may extend the time period of preliminag approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period" The City Code does not list criteria for determining whether the time period for approval of Preliminary Plats should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Preliminary Plat itself. In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of a new Preliminary Plat for Maple Trails Estates by the City at this time. ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months, and move its approval. {C:\TERRIE\CITYCOUN\TIMEXMAP.620} REMOVED MAY 3 01995 Aiii!!!1111: The Laurent Building LAURENT Corporate Office 128 South Fuller Street, Shakopee, MN 55379 BUILDER S,AI N C. (612) 445-6745 May 25, 1995 Mr. Paul Bilotta Acting City Planner City of Shakopee Dear Mr. Bilotta: On behalf of Harley Hohenstein, we hereby respectfully request the maximan time extension for the preliminary plat of Maple Trails Estates. To our knowledge no changes have occurred which would decrease the desirability of this preliminary plat from the City's perspective. Thank you for your cooperation. Sincerely, LAURENT BUILDERS, INC. 60Viti AC-(A / Randy R. Laurent Vice President c: Harley Hohenstein RRL/jh 'ftl1 CEIVE© JUN 1995 BUILDERS • DEVELOPERS B.L.#0001742 f / i CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie A. Thurmer, Assistant City Planner • RE: Request for Extension of Time to Record the Final Plat for Stonebrooke, 2nd Addition, with the Scott County Recorder's Office DATE: June 2, 1995 INTRODUCTION The City has received a request from Laurent Builders, Inc. to extend the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The applicant requested and received an extension of an additional 180 days in which to file the plat in December of 1993, and again in December of 1994. BACKGROUND On July 20, 1993, the City Council approved the Final Plat for Stonebrooke, 2nd Addition. City Code Section 12.03, Subd. 4.F states, "If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notes the Scott County Recorder/Register of Titles". The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Final Plat itself. ALTERNATIVES 1. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke, 2nd Addition by an additional 180 days. 2. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke, 2nd Addition by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Stonebrooke, 2nd Addition, and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. 1 ACTION REQUESTED Offer a motion granting the developer of Stonebrooke, 2nd Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office, and move its approval. (C:\TERRI E\CITYCOUN\TIMEXSTO.620) 2 RECEIVED MAY 3 0 1995 Aiii!!!1111:1 The Laurent Building LAURENT Corporate Office 128 South Fuller Street, Shakopee, MN 55379 RU I L DE R 5,A1 N C. (612) 445-6745 May 25, 1995 Mr. Paul Bilotta Acting City Planner City of Shakopee Dear Mr. Bilotta: As you are likely aware, we have yet to record the final plat for Stonebrooke 2nd Addition. We hereby respectfully request the maximum time extension for doing so. To our knowledge no changes have occurred which would decrease the desirability; of this plat from the City's perspective. Thank you for your consideration. Sincerely, LAURENT BUILDERS, INC. /2°4'4 )14,WV4-- 7 Randy R. Laurent Vice President RRL/jh RECIEOVIED JUN 0 11995 BUILDERS • DEVELOPERS B.L.#0001742 CONSENT ✓1.) MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Applications for Liquor Licenses - The Main Event of Shakopee, Inc. DATE: June 15, 1995 INTRODUCTION AND BACKGROUND: The City has received applications for on sale and Sunday on sale intoxicating liquor licenses from The Main Event of Shakopee, Inc. , 911 East First Avenue (formerly Springers On Main) . The applications are not in order and the police department has not completed their background investigation. Since the legal notice advised the public that the licenses would be considered by City Council on June 20th, it is necessary that the applications be placed on the agenda. The applications should be tabled. If there is someone in the audience who wishes to speak to the applications, Council should remove the item from the consent agenda so that they may have the opportunity to speak. ALTERNATIVES: 1] Deny the applications 2 ] Table the applications 3 ] Approve the applications and grant the licenses RECOMMENDED ACTION: Move to table the applications from The Main Event of Shakopee, Inc. , 911 East First Avenue for on sale and Sunday on sale intoxicating liquor licenses. " F CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 6/15/95 . Included in the list are TIF payments to FMG in the amount of $151, 171 . 12 and ISD 720 (referendum levy) in the amount of $129, 368 . 27 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/15/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 136 26,129 38 12 CITY ADMINISTRATOR 220,940 11,828 82,277 37 13 CITY CLERK 121,170 7,423 49,903 41 15 FINANCE 299,780 20,382 119,853 40 16 LEGAL COUNSEL 212,090 13,597 88,240 42 17 PLANNING 464,430 17,544 147,462 32 18 GENERAL GOVERNMENT BUILDINGS 148,120 7,891 50,022 34 31 POLICE 1,495,760 95,558 626,440 42 32 FIRE 410,240 12,076 120,133 29 33 INSPRCTION-BLDG-PLMBG-HTG 197,780 11,937 79,312 40 41 ENGINEERING 357,100 21,996 131,169 37 42 STREET MAINTENANCE 759,180 28,173 218,071 29 44 SHOP 112,120 6,547 43,853 39 46 PARK MAINTENANCE 292,420 24,647 114,208 39 61 POOL 136,580 8,089 16,409 12 64 RECREATION 239,580 13,907 96,755 40 91 UNALLOCATED 129,570 -253 15,378 12 TOTAL GENERAL FUND 5,666,310 301,478 2,025,614 36 17 PLANNING 467,160 8,678 135,803 29 TOTAL TRANSIT 467,160 8,678 135,803 29 19 EDA 119,080 2,185 41,097 35 TOTAL EDA 119,080 2,185 41,097 35 a a a a a a a s a a a a a a a a a s a 4 H H H H H E H H H HHHHHH H H H H a) N bl Id a •i O Pi W U H H N M dI to to 1.0 01 O rI r♦ r-1 r1 rI 1-1 N N M 0 O O O O O O O t!1 l0 to to l0 to to to to to to N N N N N N N N C ON 01 01 ON al O 0 ►Z 0 0 0 O 0 0 0 N N N N N N N N N N N H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 gt 0 0 O O O lA 0 h 0 NNNNNN H M M H M H H H CO M h H 0 0 0 0 0 0 h h M E O O M M to M h rI M H H H r1 H H r'I r-I dI Zw w M N d1 M M M M M M N N 1 1 1 1 1 1 1 t I I I I I I I I I I O 0 H N N 1.0 rI O N H rl 01 N M l0 h N N r-I O u'1 0 N N N H r-I H to H H H H H rI H H N U 00 O to to to h h 01 H C1 01 01 O1 01 01 01 01 dI .. 01 a1 to to t0 0 01 0 0 M M M M M M O O O W Ia a ; >4 o w a >4 H E4 en EA a a zz �ZZp� ZzZZZz a rzl i:E3 C71 E:4 O z 0 w• rA W N W w H M H cCn U ia.) 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V} VI• M L} 10 01or • 01 H H N 10 H 0 0 El A El I'D a 0 � a Z a � Cll p ;1434 1:4H 0 0 H z 1 H .. w 0 c4 El a a x a g1 r4 H a X El H C Z H C) PG '�� �Fa p O H a E+ Zlip U1 U El X w a pl [a' Z A a 4 C) - 01 1, H Z E°. w Z UU)i Z Cu 0VI N w a U H g A H 0) C) U) w a H w H H SL U H cr In 0 H N d' Ill 10 N CO 0 0 0 0 0 0 0 W 0 H H N N N N N M M M H M IS CO U0 H H V' V' d' d' d' d' d' V' N N N N CO CO CO a H It 3C it It It It it It It it It It It It It It 4t It U C.) lx. 44 44 � CU 44 C 0 I 1/3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1995/96 Insurance Renewals DATE: June 15, 1994 Introduction Attached is a list of property/liability insurance premiums for the renewal of the present coverage . The policy period is July 1, 1995 to June 30, 1996 . Background Basic Policy The policies proposed are essentially the same as current coverage . The premiums are similar to last year, considering that there are some changes in items covered. Please see attachments A and B. (Attachment A was prepared with employee bonding from previous carrier instead of League program - see bonding below) . The total initial premium has increased from $190, 572 to $202, 671 covering the City, SPUC and EDA. The primary reasons for the increase are a premium rate increase for liability coverage and civic center property costs . Attachment B also shows the dividend history and the loss history for recent years. Please note the large loss incurred in 1987 . Because of our participation in the League program, this loss has not resulted in a large increase in our cost of insurance or in the cancellation of our coverage. Deductible Level Two years ago Council increased the deductible to $1, 000 at a premium saving of $14, 569 . This year alternative quotes at different deductible levels were not requested. The deductible for electrical transformers and water pumps vary by size. Petro Fund If the city is in compliance with applicable PCA and EPA regulations and requirements for petroleum storage tanks, the state petro fund provides reimbursement for part of the costs of clean up and liability costs in the event of a leak or spill . Insurance coverage for the remaining costs and legal defense costs is available. The Council took out this coverage two years ago and at that time indicated that coverage would not be renewed after the installation of new fuel tanks . The new tanks are installed last year and a quotation was not requested. Umbrella Policy Council did not budget for an umbrella policy nor has there been a recent request for or discussion of getting another umbrella policy. The city has not had an umbrella policy for about eight years . The League reports that about 25% of the cities insured have an umbrella policy. There is some exposure that may not be not covered by immunity, particularly in the area of federal legislation such as civil rights and discrimination. The are two variations of an umbrella policy available. For a $1, 000, 000 policy, one version keeps the $600, 000 state immunity level in place . The other version waives the immunity. Most of the coverages are from the League of Minnesota Cities Insurance Trust . The boiler and machinery policy is from the Hartford Co. The policies of course are not prepared, but there is more detail available on the proposals for any Council member that desires it . Employee Bonding The employee bonding coverage was from United Casualty. This year it is from United but through the League at a quote of $832 with a $1, 000 deductible for a $50, 000 limit . The cost was $1, 547 last year. Optional Coverages Quotations were not requested for the following coverages (same as last year) ; glass, signs, computer data, flood, earthquake, off premise power failure, garage keepers, volunteer accident, property belonging to others, asbestos removal liability and open meeting law defense . Alternatives la. Renew policies . lb. Go without insurance. 2 . Obtain quotations for other coverages . Action Requested Move to accept the property/liability insurance proposals of the League of Minnesota Cities and Hartford at a total deposit premium of $202, 671 . .r CITY OF SHAKOPEE -8- COMP A NJ Y P REM I UM COMP A R I S O N SUMMARY : 1995- 1996 1994- 1995* PROPERTY $ 27 , 392 $ 24 , 200 INLAND MARINE $ 2 , 374 $ 2 , 051 CRIME $ 2 , 081 $ 2 , 141 *MUNICIPAL LIABILITY $ 129 , 544 $ 122 , 916 ERRORS & OMISSIONS INCLUDED INCLUDED AUTOMOBILE $ 32 , 913 $ 30 , 182 BOILER & MACHINERY $ 9 , 082 $ 9„082 TOTAL PREMUIM $203 , 386 $ 190 , 572 • *Premiums at Inception of Policy & Does Not Include Interim Endorsements or Updates CITY OF SHAKOPEE LOSS HISTORY : Year # of Total Incurred Claims Loss 6-30-85/86 5 $ 128 , 461 6-30-86/87 12 $791 , 854 6-30-87/88 7 $ 21 , 152 6-30-88/89 10 $ 17 , 599 6-30-89/90 13 $ 34 , 527 6-30-90/91 10 $ 8 , 573 6-30-91 /92 21 $ 38 , 554 6-30-92/93 17 $ 8 , 926 6-30-93/94 19 $ 57 , 758 6-30-94/95 6 $ 13 , 958 Dividend History : 1988 - $ 19 , 772 1989 - $33 , 202 1990 - $38 , 509 1991 - $61 , 144 1992 - $48 , 464 1993 - $44 , 342 1994 - $51 , 983 CONbti i TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Training Agreement DATE: 06 14 95 INTRODUCTION: Council permission is needed to enter an indemnification agreement with Valley Green Business Park. BACKGROUND: The Police Department Special Incident Response Team routinely conducts tactical training in areas in and around Shakopee which replicate conditions which might be encountered in actual incidents. Valley Green Business Park owns some wooded property which we would like to use for this purpose. To use this property, it is necessary to enter the attached indemnification agreement with Valley Green Business Park. ALTERNATIVES: #1. Authorize agreement. #2 . Do not authorize agreement. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize appropriate city officials to enter attached indemnification agreement with Valley Green Industrial Park to allow police training on their property. 0 -N" LI 1. 1 ,E TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Training Agreement DATE: 06 14 95 INTRODUCTION: Council permission is needed to enter an indemnification agreement with Valley Green Business Park. BACKGROUND: The Police Department Special Incident Response Team routinely conducts tactical training in areas in and around Shakopee which replicate conditions which might be encountered in actual incidents. Valley Green Business Park owns some wooded property which we would like to use for this purpose. To use this property, it is necessary to enter the attached indemnification agreement with Valley Green Business Park. ALTERNATIVES: #1. Authorize agreement. #2 . Do not authorize agreement. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize appropriate city officials to enter attached indemnification agreement with Valley Green Industrial Park to allow police training on their property. INDEMNIFICATION AGREEMENT The City of Shakopee, a municipal corporation of the State of Minnesota, with offices at 129 S . Holmes St . , Shakopee, Minnesota, hereby agrees as follows : 1 . The Shakopee Police Department will use the property of Valley Green Business Park, located at 5290 Eagle Creek Boulevard, for tactical team movement including recognizance exercises, on the date of June 22, 1995 . 2 . The City agrees to assume all liability for all claims for damage, actions or causes of action arising out of the use of this property for tactical team movement including recognizance exercises and, except for negligent acts of Valley Green Business Park, its agents and employees, the City will hold Valley Green Business Park harmless from any such claims. Executed this day of , 1995 . CITY OF SHAKOPEE, MINNESOTA By Mayor By City Administrator By City Clerk Prepared By: Karen Marty City Attorney 129 S . Holmes St . Shakopee, MN 55379 [14CCL] MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center RFP #1 - Refrigeration DATE: June 12, 1995 INTRODUCTION: Proposals have been received for the refrigerated ice floor and refrigeration system for the Shakopee Civic Center Project. It would be appropriate at this time to select a contractor for the services. BACKGROUND: Attached is a correspondence from Greystone Construction regarding the refrigerated ice floor and refrigeration equipment. Two proposals were received for the services. Upon review of the proposals, Greystone Construction is recommending that the proposals submitted by Rink-Tec International in the amount of$303,977.00 be accepted. The Rink-Tec proposal is approximately $16,000 under the budgeted amount. It would be appropriate at this time to authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and Rink-Tec International Inc. for the refrigerated ice floor and refrigeration system for the Shakopee Civic Center Project. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and Rink-Tec International for the refrigerated ice floor and refrigeration system for the Shakopee Civic Center Project. 2. Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and Premier Ice Rinks for the refrigerated ice floor and refrigeration system for the Shakopee Civic Center Project. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and Rink-Tec International for the refrigerated ice floor and refrigeration system for the Shakopee Civic Center Project. tiltr,11 a I urn r, June 9, 1995 CONSTRUCTION COMPANY Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee, MN 55379 Re: Shakopee Civic Center RFP No, 1 - Refrigeration Dear Barry: Proposals were received for the Refrigerated Ice Floor & Refrigeration System on May 12, 1995. Copies of all proposals received are attached. The proposal from Pro-Freeze was submitted late. The budget for this work was $330,000.00. The lowest responsive proposal was submitted by Rink-Tec International Inc. for the amount of $303,977.00. We recommend the contract for the Refrigerated Ice Floor & Refrigeration System work be awarded to Rink-Tec International Inc. After your approval, the Contract will be drafted based on the requirements of the Request for Proposal No. One dated April 27, 1995 and Addendum No. One to RFP No. One dated May 3, 1995. All work shall be performed in accordance with the requirements of the RFP, using the AIA A101/CMa form of agreement between Owner and Contractor. Please call me with any questions. Sincerely, 571144 Mild J. Parsons Project Manager cc: Rob O'Brien Paul Dahlberg Kevin O'Brien 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 8 0 i . a) a 5 a N a) O 4, 4o O a)es � an5. i y) a) 0 U E H W O O a O W a> N N O co- aO '""' NN w 3 vi gER 0 69 a) w o > Q Q Q 0 >, ~ kr) Oaz 4 gO W —� -b O 4 0 -0es N W Z, a) -0 H 4 H }, O W Wo a) a) a> Y .5 U Q d -C > ¢ O > 0 -o 'esd 0 NN 0 W O Q U M b a P. wyOc, �" y O w co cn Ri M M -d • W d W CG 69 69 a) a» Q U H Q o • (� 0 HO a)i a s a) rn on 5 --, W P, , 0 aa) C7 b 3 0 05 w d o <4 <4 ›-. w a) O .r > 0a) a `� 0000000 � 0000 • oo a0i a) C\ 0 0 0000 0000 N • O N kn O F4 C • , gO en"Na) N kr)" N N3 -d --i 69 64 69 &s. 69 64 0--. 69 69 64 69 69 ER Z U �,-,...i�� '—'"-'.�.-'� O H ,_, a .b y) (n O aa)i 0 yr 7 -0 4 �" U, 4- O by .b bp a) 0 p • p i. O ) a> d O. 5 o. d a a a) .+ az of) C W c,.• '- od E •5oti 5 o o o o 0 cue .g s., O O `i ,0 � y0i0 Oa..5 0. ,411 .n 0...5 0. 5 1sy C > P4rd 0 W H c > P W H 0 U � C 0 aCC as H a) N C1 , v O 0 ¢ s.. U• .g�g y 0 > > Q r a Z N e -0 , ‘ti tap ki 0 L. ll MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Congregate Dining Facility Cleaning Services DATE: June 12, 1995 INTRODUCTION: Bergstad Properties has made a decision to allow the CAP Agency of Shakopee to provide cleaning service for the congregate dining facility. If the City Council concurs with this action, it would be appropriate to direct the appropriate City officials to execute an agreement by and between the CAP Agency and the City of Shakopee for cleaning services at the congregate dining facility. BACKGROUND: The City of Shakopee leases the congregate dining facilities at the senior high-rise building from Bergstad Properties. Part of the lease agreement specifies that Bergstad Properties will be responsible for providing cleaning service for the congregate dining facility consisting of the dining room area, office, rest rooms and hall area. In exchange for the cleaning services, the City of Shakopee reimburses Bergstad Properties in the amount of$260.00 per month. Over the course of the last month, representatives from Bergstad Properties,the CAP Agency and the City of Shakopee have discussed the possibility of transferring the cleaning services to the CAP Agency. Since the CAP Agency provides the dining services,they would like to take a more active role to insure that the facility is up to their standards in terms of cleanliness. Staff would recommend to City Council that the appropriate City officials be authorized to execute a cleaning services agreement by and between the CAP Agency and the City of Shakopee for cleaning services at the congregate dining facility. The duration of the agreement would mirror any agreement executed by and between the City of Shakopee and Bergstad Properties for said space. Staff is proposing that the level of compensation for the cleaning services be consistent with what is currently being provided($260.00 per month). ALTERNATIVES: 1. Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and the CAP Agency for cleaning services at the congregate dining facility. 2. Continue to have Bergstad Properties be responsible for the cleaning services at the congregate dining facility. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and the CAP Agency for cleaning services at the congregate dining facility. CONSENT 11 l MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Renewal of On Sale Wine License DATE: June 16, 1995 INTRODUCTION Cedar Fair L.P. has applied for 1995-96 On Sale Wine License . The application from Cedar Fair L.P. is in order. ACTION REOUESTED Approve the application and grant a On Sale Wine License to Cedar Fair L.P. , One Valleyfair Drive . JSC/trw CONSENT i MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Renewal of Non-Intoxicating Malt Liquor Licenses DATE: June 16, 1995 INTRODUCTION The following businesses have applied for a 1995-96 On and/or Off Sale Non-Intoxicating Malt Liquor License . Staff has checked for delinquent property taxes and utility bills . The Building Inspector has advised me that some applicants havevnnot t alled dfor or their annual inspection, per City Code. ApP conditioned upon meeting all code terms . All applicants have provided the required proof of liquor liability insurance except & na Valley Staff willonotlon deliver a liect cense the Shakopee BallroomBanquet . until they are received and approved. ACTION REOUESTED Approve the application(s) and grant an On Sale and/or Off Sale Non-Intoxicating Malt Liquor License (s) , conditional upon compliance with all City Code requirements, to: Approve/ Table Applicant On Sale Off Sale Approve Superamerica Group - X Division of Ashland Oil, Inc . 1155 East 1st Avenue Approve Cedar Fair L.P. X One Valleyfair Drive Approve Holiday Stationstores, Inc. X 444 East 1st Avenue Approve Pizza Huts of the Northwest, Inc . X 257 Marschall Road Approve Retail Foods of Minnesota, X a division of Gateway Foods, Inc . dba Brooks Food Market #28 615 Marschall Road Approve Raceway Park Inc. X One Checkered Flag Blvd. Approve Shakopee Ballroom & X Banquet Center, Inc . 2400 East 4th Avenue Approve/ On Sale �f_f Sale Table App- D leant Approve Polka Dot Dairy, Inc. X Tom Thumb Food Markets 590 So. Marschall Road Approve Fraternal Order of Eagles X Aerie #4120 220 West 2nd Avenue Approve Retail Foods of Minnesota, X a division of Gateway Foods, Inc. dba Brooks Food Market #42 1147 Canterbury Road Approve Sene' s Inc . X dba Imperial Wok 237 East 1st Avenue Approve Stonebrooke of Shakopee, Inc . X 2693 County Road 79 Approve Chin Yung Inc . X 1135 East First Ave . Approve Minnesota Valley Restoration X Project 2187 E. Hwy 101 JSC/trw MEMO TO: Judith S. Cox City Clerk FROM: Fulton Schleisman Building Official RE: Liquor License Renewals DATE: June 14 , 1995 The Building Department has successfully conducted inspections on the premises of the following applicants: Cedar Fair Holiday Brooks #28 Eagles Brooks #42 Bretbecca Rock Spring Dangerfields Friendly Folks/Arnies MIN Hotel Corp. Canterbury Concessions Riverside Liquors Spirits of Shakopee American Legion KC Hall Stonebrooke Raceway Park We have not been contacted by the following applicants: Superamerica Pizza Hut Tom Thumb Pablo's Imperial Wok Clairs Springers on Main Family Dining VFW Turtles Shakopee Ballroom Chin Yung FS/jms CONSENT II miu. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Renewal of Intoxicating Liquor Licenses DATE: June 16 , 1995 Introduction for 1995-96 Liquor applicants have applied taxes and following checked for delinquent property tae samd The Staff has advised me uLtility inspeCtor has inspection, per City utility tslls . The building conditionede upon meeting all code terms . applicants have not called for their annual be Code. Approvals shouldproof of liquor liability license applicants have provided the required All aPP MIN Hotel Corp. Staff will not deliver insurance except until the certificate of insurance is received andapproved. R commended Ac ion S 1 On ale, nda lication(s) and grant an Oft conditioned upon complianceApprove the app Liquor License (s) , and/or Club Intoxicating comwith all City Code requirements, to: On ale S nda Of�le dub A ion App_:int X X Approve Bretbecca, Inc . X (dba Pullman Club) 124 West 1st Avenue Approve Rock Spring Restaurant, Inc.X X X 1561 E. 1st Avenue X X X Approve Babe' s Place 124 South Holmes Park Approve Canterbury PaInc X X X Concessions, Road 1100 Canterbury X Approve Dangerfield' s Restaurant X Inc . 1583 E. 1st Avenue On Sale EundAy Qf e Club Approve MIN Hotel Corp. X X (dba Canterbury Inn) 1244 Canterbury Road Approve Turtle' s Bar and Grill X X Inc. 132 East First Avenue Approve Corp - Tool, Inc . X X (Arnie' s Friendly Folks Club) 122 East First Avenue Approve Pablo' s Mexican Restaurant X Inc . 230 South Lewis Street X Approve Family Dining Inc . 6268 Hwy 101 Approve Riverside Liquors, Inc . X 507 E. 1st Avenue Approve Valley Liquor, Inc. X 1104 Minn. Valley Mall Approve Spirits of Shakopee, Inc. X 471 Marschall Road Approve The American Legion X X Club Post No. 2 1266 East 1st Avenue Approve Knights of Columbus Home X X Assn. , Inc . 1760 East 4th Avenue X X Approve VFW Post #4046 , Inc . 1201 East Third Avenue JSC/trw 11w CONSENT ti MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker's Employee License - Marcus Prechodko DATE: June 15, 1995 INTRODUCTION: has received an application for an employee license The City to work in a pawnshop licensed in the from an applicant desiring City of Shakopee. BACKGROUND: Prechodko has submitted an application for an Marcus L. 1147 employee license to work at Shakopee Pawn and Cash Co. , Canterbury Road. The Police Department ndu The investigation background the customary dislosed investigation on Mr. Prechodko. nothing to prohibit the issuance of a pawnbroker' s employee license to Mr. Prechodko. ALTERNATIVES: 1. Grant a license. 2 . Deny a license. 3 . Table for additional information. RECOMMENDED ACTION: to ee Approve the applicationand grant a Pawnbroker's Shakopee Pawn and Cash Co. ,1147 License to Marcus L. Prechodko, Canterbury Road. /1 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: Sidewalk Policy DATE: June 15, 1995 INTRODUCTION: Council o the Member Brekke has requested that the sidewalk policy be and added Trtl Plan which agenda for as discussion. Attached is backgrouninformation Sn 1992.on e Sidewalk approved by the City Council on September j:Aeng\user\loveAworddocsVdocsvcctemp2.doc / t MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Citywide Sidewalk and Trail Plans DATE: September 9, 1992 INTRODUCTION: At the August 6, 1992 , meeting the Planning Commission recommended that the City Council approve the proposed Sidewalk and Trail Plans. BACKGROUND: Over the past year the Planning Commission has been reviewing the sidewalk and trail plans. Eight memos addressing various issues involved with sidewalks and trails were reviewed and discussed. The following is a summary list of discussion topics: Memo Date Topic 9-30-91 Review the Comprehensive Plan for direction on sidewalk and trail planning. 11-27-91 Review regional and state planning efforts for trails. 1-8-92 Survey of pedestrian problem areas within the City. 1-31-92 Review existing City Code requirements and standards for sidewalks and trails. 4-30-92 Develop definitions for sidewalks and trails. Where are each located? Who uses? Who pays for them? How should they be constructed? Establish locational criteria. 5-27-92 Review draft sidewalk plan and trail plan. 6-29-92 Implementation Memo No. 1 - review priority lists and proposed design standards. Estimate sidewalk and trail distances. Review construction costs. Identify who should potentially pay for improvements and when. 7-31-92 Implementation Memo No. 2 - Coordinating construction with the Capital Improvement Program (CIP) . Recommendation on proposed plans. 8-20-92 Implementation Memo No. 3 - review sidewalks along local streets. Delay recommendation on this item until the Street Width Study is underway. Definitions Defining sidewalks from trails was an important step in the planning process. The following points help distinguish sidewalks from trails as two distinct but interrelated systems: Sidewalks (Access) ■ Provide access along and to properties from the adjacent rights-of-way. ■ Generally serve neighborhoods and specific properties. ■ Installed as a requirement of subdivision plat process. ■ Constructed out of concrete. ■ Most often found in the urban area of Shakopee. ■ Direct benefit generally to adjacent property owners. ■ Generally maintained by adjacent property owners. Trails (Connection) ■ Provide connections between park facilities or other amenity areas within the City and surrounding the City. ■ Often related to a natural feature (Minnesota River Valley Trail, Upper Valley Drainageway) . ■ Generally serve the community and the region. ■ Installed as a local, regional, or state project, sometimes required in subdivision plat process. ■ Generally constructed out of asphalt. ■ Generally located in the easements or along County Roads. ■ Generally less direct benefit to adjacent property owners. ■ Generally maintained by the public sector. DISCUSSION: Attached are copies of the maps identifying the proposed locations of sidewalks and trails in the City (Exhibits A and B) . Please be advised that the 11" by 17" copies do not copy well and as a result are hard to read. Staff will present the full size maps at the September 15 City Council meeting. Sidewalk Plan In order to more efficiently address the limited resources available to construct an efficient and safe sidewalk system, a prioritization of sidewalk types was developed. In the recommendation to the City Council the Planning Commission established the following priorities for implementation of the sidewalk plan: 1 . Along designated school routes . 2 . Along minor arterial streets (both sides) . 3 . Along collector streets (both sides) . 4 . Around schools and parks. 5. Around commercial development. 6 . Around public facilities. 7 . Along local streets. The emphasis of the priority list is to get sidewalks constructed in areas where they are most needed for pedestrian safety. The Planning Commission recommended that sidewalks should be constructed in areas where children are walking to and from schools. Staff is working with ISD 720 officials to designate routes. A second priority involves sidewalks along major streets (arterials and collectors) . These streets carry higher traffic volumes with higher speeds. Separating pedestrians from vehicles is critical along these streets. The attached Sidewalk Plan proposes sidewalks in the urban area only. This area includes the RTD area to the east and the Bypass to the south. The sidewalks shown on the plan reflect all those shown in the priority list except sidewalks along local streets. A recommendation for local street sidewalks will be presented with the Street Width Study. Trail Plan Trails were defined early in the planning process as being a system connecting parks or other amenity areas for the residents of Shakopee. Within the City are two major trails (portions existing and proposed) being developed by the DNR and the Scott-Hennepin County Parks Board. The DNR' s Ft. Snelling Trail runs along the Minnesota River. Eventually this trail will be constructed through to Ft. Snelling. This trail is a tremendous recreational resource. The Scott-Hennepin County Parks Board is proposing a trail running north-south through Shakopee. This trail will eventually connect downtown Shakopee with O'Dowd Park, Spring Lake Park, Cleary Lake Regional Park, and the Murphy-Hanrehan Park Reserve. This system of connected parks is another quality of life asset for Shakopee residents. The City of Shakopee is building a trail system through the Upper Valley Drainageway. This trail will provide immediate access for thousands of Shakopee residents living in the Urban Residential area. It has the potential to serve as a valuable connector to a large number of amenity areas within the City. The emphasis of the proposed Trail Plan is to build from these previous trail planning efforts. The City ' s trail system should provide connections to the regional and state trail systems for its residents. Three trail types were established in the planning process. They are as follows: 1. State and regional trails. 2 . Community Trails. 3 . Neighborhood trails. The Planning Commission recommended the following trail locational criteria for the three trail types: 1. Community trails should complement existing and proposed regional (Hennepin-Scott system) and state (DNR) trails. 2 . Trails should connect recreation and amenity areas with areas of potentially higher pedestrian traffic volumes. 3 . Trails should be continuous with other trail systems and/or sidewalks in the City. 4 . Trails should provide access in the City where sidewalks are deficient. 5. Neighborhood trails should be the primary pedestrian circulation system in the rural service area. 6. Neighborhood trails should be connected with community and regional trails where possible. Community trails would generally be constructed by the City since they serve a larger area. The Planning Commission recommended the following priority list for the construction of community trails: 1. Upper Valley Drainageway Trail 2 . The Old Chicago Milwaukee Trail (CR 17 to Downtown) 3 . CR 16 Trail 4 . Dean Lake Trail 5. St. Francis Hospital Trail 6. Shenandoah Drive Trail 7 . CR 18 Trail 8 . McKenna Road Trail Design Standards Included with this memo are six typical design sections for sidewalks and trails. Staff would like to call to the City Council' s attention the two roadway trail designs (urban and rural sections) . A significant amount of the trail system, especially in the rural area, can be provided as part of the roadway system if designed properly. Numerous other cities and counties have utilized a wider roadway for such trail systems. these types of trail systems are much more feasible economically. Staff would envision that eventually the roadway trail system would be replaced with separate trails as further urbanized development occurs. Implementation It is obvious that the cost involved with constructing the proposed sidewalks and trails is beyond one or two years worth of city budgets. It will take several years to construct the proposed sidewalk and trail system. Staff estimates that it will take approximately 12-13 years to construct the proposed sidewalk system excluding sidewalks along local streets. The proposed trail system will take approximately 20 years. It should be noted that the plans illustrate existing and future needs. The entire system should be built over a longer period of time rather than in a few years. As development occurs to the south, the need for additional sidewalks and trails can be more properly coordinated by using these plans and priority lists as a guide. The purpose of the priority lists for sidewalks and trails is to match the highest needs with public investments. The list can and should be amended in the future as appropriate. To budget for the investment of the pedestrian facilities as proposed, staff has suggested that annual programs for sidewalk and trail construction and repair be created. As proposed in the 1993- 1997 Capital Improvement Program (CIP) , an annual expenditure should be made to construct and/or improve our sidewalk and trail systems. The proposed amounts for each program include: 1. Sidewalk Construction Program - $50, 000 2 . Trail Construction Program - $25, 000 3 . Sidewalk Repair Program - $25, 000 4 . Trail Repair Program - $5, 000 The annual or ongoing programs would be similar to the current Sidewalk Repair Program. Expenditures would be based on the previously discussed priority lists for sidewalks and trails. Each year the City Council would review proposed expenditures for sidewalks and trails in the CIP process and the individual project approval process. The construction of sidewalks and trails by the public sector is only one half of the implementation picture. The private sector can and should be an important player in the implementation of a comprehensive pedestrian system. As development occurs, the City has the authority to require necessary improvements for its citizens. Generally, a range of improvements such as streets, curbs, and sidewalks are required in the subdivision platting process . This could be expanded to include other City approvals, such as conditional use permits or building permits. A large portion of the proposed sidewalk and trail system can be constructed through the development review process. It should be noted that many of the existing sidewalks and trails in Shakopee have been constructed by the development community already. Coordinating and guiding development becomes the public sector ' s essential role in this half of the implementation effort. Timing for the construction of sidewalks and trails is dependent on the private sector as well as governmental agencies . The plans illustrating the proposed sidewalk and trail systems are essential tools in guiding both the public and private sector actions . Since the maps are critical to the coordination of the various actions taken by both the public and private sector, the Planning Commission is recommending the adoption of the two plans to guide the construction of sidewalks and trails with future development. Without the plans guiding the location of sidewalks and trails, poor decisions are more likely to be made on when and where these pedestrian facilities should be provided. The plans are intended to serve as general guides for both the City and the development community in building safe and economical sidewalk and trail systems. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council adopt the proposed Citywide Sidewalk and Trail Plans. ACTION REQUESTED: Offer a motion which approves the proposed Citywide Sidewalk and Trail Plans, and move its adoption. - rT-c-T177. 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CC N PP - f % 0 c H~M N z Q IU t- it W J <a. 0 I- W CDO > _ _1 --� X Q <CQWim = W O 0 it H_ U El--" 0 J D O i N --1F----* J W n Qcr - r-W2 W Q W cv _ }— A4 Q z w LUz — O � z W Q a _ LJ cd g � Q W w � N CO 0 J a to a z J = QO _ Q Q X LJ-1 O _0 H— U D O -‹ 1 O 1--- zO N 1 < cn I cv W 0 a- z z P14- INN mil IR L cL W CD Iw — - D m m CL 0 ,_ Q 0 LI \v _ N CD J T U —1 cn IN1 z_t ''‹C W u-- -I O CD Li >--- o z Q cn Qi-- 0 0 U 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director b1, SUBJECT: County Road 16 Sanitary Sewer& Water Services, Project No.'s 1994-11 and 1995-3 DATE: June 20, 1995 INTRODUCTION: Attached is Resolution No. 4230, a resolution accepting the bid for the County Road (C.R.) 16 Sanitary Sewer and Water Services Project, from C.R. 17 to C.R. 83, Project No. 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 C.R. 16. On May 2, 1995, an advertisement for bids was ordered and a bid opening held on June 1, 1995. A total of six bids were received as follows: Company Name Total Bid Barbarossa& Sons $1,079,143.80 Ames Construction $1,212,118.00 Arcon Construction $1,225,481.96 Ryan Contracting $1,225,505.20 Richard Knutson $1,225,915.97 S.M. Hentges& Sons $1,592,651.30 In the feasibility report for the sanitary sewer, Project No. 1994-11, the project had three segments identified as follows: Segment 1: Trunk sanitary sewer from Upper Valley Drainageway(UVD)to C.R. 16. Segment 2: V.I.P. diversion, sanitary sewer trunk from Hauer Trail to Chaska Interceptor. Segment 3; Elimination of lift station at the intersection of Secretariat Drive and C.R. 83. 1 The feasibility study construction costs for each segment of sanitary sewer is as follows: Segment Construction Cost 1 $179,327.50 2 $308,550.00 3 $ 25,300.00 Total $513,177.50 In the low bid submitted by Barbarossa& Sons,the cost of the work is as follows: Improvement Type Construction Cost Sanitary Sewer $991,562.00 Watermain and Services $ 42,747.00 Storm Sewer $ 44,834.80 The watermain and services work is Project No. 1995-3. The storm sewer work is the line from C.R. 16 to the U.V.D. which was to be installed under the County project, however, was included in the City's project as the sanitary sewer and storm sewer are located together between the Mini Storage and Reed properties. The County will reimburse the City their cost of storm sewers in the County's Cooperative Agreement. The main factors for the low bid being higher than staff's feasibility study would be the additional rock excavation and higher unit bid prices. An analysis is as follows: Item Description Construction Cost Low Bid $1,079,193.80 Watermain $ ( 42,747.00) Storm Sewer $ ( 44.834.80) $ 991,562.00 The feasibility study cost estimate was $513,177.50 for sanitary sewer work plus $35,000.00 for sewer services along C.R. 16 for a total of$548,177.50. The low bid cost for sanitary sewer work is $991,562.00. A restoration cost of $32,911.00 has been included with the bid to restore the roadway and turf areas if Scott County cannot proceed with the project. The restoration items for sodding, seeding and paving were required by Scott County Highway Department. It is anticipated that the County will have C.R. 16 under construction soon and the restoration items may not be necessary. 2 The cost of sanitary sewer work without restoration is $958,701.00. The extra rock excavation cost above the feasibility study cost is $243,650.00. The feasibility study did not have the benefit of soil borings. The remainder of the cost increase is due to higher unit bid prices and additional items not accounted for in the study. The sanitary sewer cost of$958,701.00 is $410,523.50 over the feasibility study estimate of$548,177.50 or 75% increase. If a 75% increase is used for the assessment rates as contained in the feasibility report,the rate would be estimated as follows: Proposed Assessments Proposed Assessments Based on Bid Prices Feasibility Study Segment 1 Trunk- $100.13/Acre $57.22/Acre Lateral - $8,420.24/Acre $4,811.57/Acre Service - $61,250.00 Total $35,000.00 Total Segment 2 Lateral - $2,523.16/Acre $1,441.81/Acre Segment 3 Lateral - $4,726.19/Acre $2,700.68/Acre Despite the increase cost from the feasibility study, the bids received for this project were very competitive and the low bidder was $132,974.20 under the next lowest bid. Staff would recommend acceptance of the bid based on the competitive bid received and the necessity of constructing the improvements prior to C.R. 16 being reconstructed. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4230 awarding the contract to Barbarossa& Sons, Inc. 2. Reject the low bid and award the bid to the second low bidder or another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the bid to Barbarossa& Sons,Inc. for a total amount of$1,079,143.80. 3 ACTION REQUESTED: 1. Offer Resolution No. 4230, A Resolution Accepting Bids on 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. 2. Approve of a contingency in the amount of 10% for use by the City Engineer in authorizing change orders on this project. BL/pmp MEM4230 4 RESOLUTION NO. 4230 A Resolution Accepting Bids On 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 an advertisement for bids for the County Road 16 Sanitary Sewer and Water Services Project, from County Road 17 to County Road 83, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Barbarossa & Sons $1,079,143.80 Ames Construction $1,212,118.00 Arcon Construction $1,225,481.96 Ryan Contracting $1,225,505.20 Richard Knutson $1,225,915.97 S.M. Hentges & Sons $1,592,651.30 AND WHEREAS, it appears that Barbarossa & Sons, Inc. P.O. Box 367, Osseo, MN 55369 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Barbarossa & Sons, Inc. in the name of the City of Shakopee for the County Road 16 Sanitary Sewer and Water Services Project, from County Road 17 to County Road 83 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSEà\JT, ia b MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 61. SUBJECT: Approval of Shakopee Bypass Plans from T.H. 169 in Jackson Township to 0.4 Miles West of CSAH 17 in Shakopee DATE: June 20, 1995 INTRODUCTION: Attached is Resolution No. 4231, which approves the plans and specifications for Trunk Highway (T.H.) 187,renumbered as T.H. 101 as required by State Statute. BACKGROUND: A bid opening for the second segment of the Shakopee Bypass and Chaska Interceptor from T.H. 169 to 0.4 miles west of CSAH 17 is scheduled for June 23, 1995. In order to have the bid letting, the State needs the City of Shakopee's approval. Attached to this memo is a letter from Mn/DOT requesting approval of the plans and specifications. Staff did not receive the plans and specifications and request for approval in time for the June 6, 1995 Council meeting. Per Tim Johnson of Mn/DOT, the State can still have the bid letting if Council approves and executes the resolution before June 21, 1995. Staff has reviewed the plans and recommends approval of the plans and specifications by adopting Resolution No. 4231. ALTERNATIVES: 1. Approve Resolution No. 4231. 2. Deny Resolution No. 4231. 3. Table for more information. ACTION REQUESTED: Offer Resolution No. 4231, A Resolution Approving the Plans and Specifications for the Improvement of Trunk Highway No. 187, Renumbered as Trunk Highway No. 101, Within the Corporate Limits of the City of Shakopee, from the West Corporate Limits to 0.4 miles West of C.S.A.H. 17, S.A.P. 7005-57 (101=187) and move its adoption. State Project 7005-57 (101=187) Fed. Proj. NH 5407 RESOLUTION 4231 At a meeting of the City Council of the City of Shakopee, held on the day of , 1995, the following Resolution was offered by , ; seconded by , to wit: WHEREAS the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 187, renumbered as Trunk Highway No. 101, within the corporate limits of the City of Shakopee, from the west corporate limits to 0.4 miles west of C.S.A.H. 17; and seeks the approval thereof; NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. Upon the call of the roll, the following council members voted in favor of the Resolution: and, the following council members voted against the adoption of the Resolution: whereupon the mayor and/or the presiding officer declared the Resolution adopted. Dated , 1995 Mayor Attest City Clerk STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) CITY OF SHAKOPEE ) I do hereby certify that at said meeting (of which due and legal notice was given) of the City .0sor,9 Minnesotasor,9 Department of Transportation litilMetropolitan Division , Oakdale Office 7.111Tri 3485 Hadley Avenue NorthOF Oakdale, Minnesota 55128 June 2, 1995 779-5058 Mr. Bruce Loney Shakopee City Engineer/Public Works Director 129 Holmes Street South , Shakopee, Minnesota 55379-1376 SUBJECT: S.P. 7005-57 (T.H.101) Grading, Surfacing, Storm and Sanitary Sewer, Signal System, Box Culverts and Bridges T.H.101 Shakopee By-pass from T.H.169 in Jackson Township to 0.4 Miles West of C.S.A.H. 17 in Shakopee Dear Mr. Loney: Transmitted herewith are construction plans and special provisions together with a recommended form of resolution, relating to the proposed location and construction of the above referenced project within the corporate limits of your City. Please review these plans and special provisions for presentation to and approval by the City Council. This project is scheduled for letting on June 23, 1995. Since State Statues require City consent prior to opening of bids, it is requested that you placethis matter on the agenda of your June 6, 1995 council meeting. If you find it necessary to have a representative from our department in attendance at the council meeting, please call our office and advise. The resolution should be executed, CERTIFIED, and returned to our office no later than June 16, 1995. Thank you for your consideration. Sincerely, -- :e.,-12--- .�����'-tea Howard W. s Design Agreements Coordinator Enclosure: All Equal Opportunity Employer MEMO TO: Dennis Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: P&V Reconstruction, Project No. 1995-5 DATE: June 20, 1995 INTRODUCTION: Attached is Resolution No. 4232, a resolution accepting the bid for the P&V Reconstruction Project No. 1995-5. BACKGROUND: On May 16, 1995, the City Council of the City of Shakopee approved the plans and specifications and ordered an advertisement for bids for the above referenced project. The bid opening was scheduled for June 16, 1995 and a total of seven bids were received as follows: Company Name Total Bid Richard Knutson $337,020.90 Erickson Construction $362,753.25 Barbarossa& Sons $375,417.83 Arcon Construction $377,020.39 Northdale Construction $387,445.75 Ryan Contracting $388,575.40 Fischer Stapf $406,447.22 The feasibility report construction cost estimate was $390,917.45. The low bid received from Richard Knutson, Inc. is $53,887.25 under the feasibility study estimate. The assessments were limited to $8,000.00 per lot for those property owners who signed a waiver of assessment appeal. Thus the project will be funded by assessments and City funds. Attached is Resolution No. 4232, which awards the bid on this project. Staff is also requesting a contingency amount equal to 10% of the bid fur use by the City Engineer to cover any minor change orders or final quantity adjustments that my occur. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4232 awarding the contract to Richard Knutson, Inc. 2. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 4232, A Resolution Accepting Bids on the P&V Addition and P&V 2nd Addition,Project No. 1995-5 and move its adoption. 2. Approve of a contingency in the amount of 10% for use by the City Engineer in authorizing change orders or quantity adjustments on this project. BL/pmp MEM4232 RESOLUTION NO. 4232 A Resolution Accepting Bids On P&V Addition And P&V 2nd Addition Project No. 1995-5 WHEREAS, pursuant to an advertisement for bids for the P&V Addition and P&V 2nd Addition Reconstruction Project No. 1995-5, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Richard Knutson $337,020.90 Erickson Construction $362,753.20 Barbarossa & Sons $375,417.83 Arcon Construction $377,020.39 Northdale Construction $387,445.75 Ryan Contracting $388,575.40 Fischer Stapf $406,447.22 AND WHEREAS, it appears that Richard Knutson, Inc., 12585 Rhode Island Ave. So., Savage, MN 55378 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Richard Knutson, Inc. in the name of the City of Shakopee for the P&V Addition and P&V 2nd Addition Reconstruction Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT J,z � MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works DirectorX-, SUBJECT: Downtown Alleys, Project No. 1993-9 Authorization of Eminent Domain Proceedings DATE: June 20, 1995 INTRODUCTION: Attached is Resolution No. 4233, a resolution which authorizes the acquisition of certain property by proceedings in eminent domain for the above referenced project. BACKGROUND: On April 4, 1995, City Council adopted Resolution No. 4202 accepting bids on the Downtown Alley Project for construction of the project improvements. A number of easements were necessary in order to construct transformers, cabinets and service lines. Many of the easements have been obtained from the property owners. An impasse has been reached for the remaining easements and staff is recommending that Council initiate the eminent domain proceedings in order to obtain the easements for this year's construction season. Staff will continue to negotiate the easement acquisition even though condemnation action may be ordered. Additionally, staff will request a right-of-entry from the property owners to allow the construction work on the property. The easement acquisition amount could then be determined by a Condemnation Board. In the condemnation process, City staff will need to obtain an Owner and Encumbrance (O&E) report from an abstract company and a formal appraisal from an outside appraisal. The O&E report is necessary in order to file the condemnation petition and the appraisal is necessary for the Commissioner's hearing. The O&E report is typically a $250-$300 cost per parcel and a formal appraisal cost is estimated to be $2,500-$3,000 for all four easements. ALTERNATIVES: 1. Adopt Resolution No. 4233. 2. Deny Resolution No. 4233. 3. Authorize staff to obtain an O&E report and formal appraisals as necessary. 4. Do not authorize O&E report and formal appraisals. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 3 so that eminent domain proceedings can start now and the easements obtained yet this year if negotiations fail. ACTION REQUESTED: 1. Offer Resolution No. 4233, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain and move its adoption. 2. Authorize staff to obtain an Owner and Encumbrance report from an abstract company and a formal appraisal from an appraisal as necessary for the condemnation proceedings for the Downtown Alley Reconstruction Project No. 1993-9. RESOLUTION NO. 4233 A Resolution Of The City of Shakopee, Minnesota, Determining The Necessity For And Authorizing The Acquisition Of Certain Property By Proceedings In Eminent Domain WHEREAS, the City Council has determined that the City should construct and improve the Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30, and 31, Project No. 1993-9. WHEREAS, the City has been unable to successfully negotiate the acquisition of the necessary right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That acquisition by the City of the property described on Exhibit A is necessary for the purpose of reconstructing the Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30, and 31, Project No. 1993-9. That the City Attorney is authorized and directed on behalf of the City to acquire the real estate described on Exhibit A by Stat. Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minn. Stat. Sec. 117.042. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted in 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 • - �en 300 Park Place Center 612-595-5775 • - Orr .° Mayeron& 5775 Wayzata Boulevard 1-800-753-5775 Assoclates,lnc. Minneapolis,MN 55416-1228 FAX 595-5774 EASEMENT NO. 94-3 PIN: 27 - 001192 - 0 OWNER: Bart Partners 4804 West 60th Street Edina, MN 55424 DESCRIPTION OF EASEMENT: A permanent easement for utility purposes over, under and across the north 10.00 feet of the east 14.00 feet of Lot 3, Block 25, SHAICAPEE CITY, according to the plat on file in the office of the County Recorder, Scott County, Minnesota. Said permanent easement contains 140 square feet more or less. II:\177.5.65\SURv\MISC.\94-3 EXHIBIT A - PAGE ! NOTE: No boundary survey work was performed as to the precise I hereby certify that this survey,plan,or report was prepared by location of this tract. me or under my direct supervision and that I am a duly licensed land surveyor under the lass of the State o(Minnesota. 1 � � A ,tryz..• 3 zz D.Edward Ames,LS. Uc.No. 11394 Date EASEDEA2%LS Er.e:nrers • Archnects • Planners • $uncv rs . ., . . - 6 . z 7.: • w ... ..J A C.1 tr) -.411111..... ...........m 0 : ..,...- I I I I 2 jilt( Ci 0 E- cn !Iiid Ca :LI !I 11 x Z "111 Cl, Z Pli' E. 4 2 z c) c75 ,1 11 11 _J 57 00 !! ! W in •• \tili! >1 G11 Z.: 1 dVD iii ii 0 t III 1 1 hl., 1 41. gs . Iii II Iii ii g•-: 1H' :42 i IIN.,,_ ill -- 11111 e..-EK z Hr in 0 . ...... . ...,,_...... 2, =0 . ... . W I C) fi, co rf( f 43 f . -.et _I a, m i—Cr) _ 0 111111 (11 CC,— CD Cil c.) /_\910 <.-- < re) CLO • 43 a. To it > I 0 rel 0 1:11 li 1— i X , I— in , 1— --X- \E r_y CC r— 1— 1--, < d" lot ,t ,Itt ii z <C\.1 0 = . i 1 i 1 in Pt' HI •; Z N , . 1.1.1 111 I LI yli 1 UJ }— – .- — a -4"iE Id!i CO a.. • i gem le 0 •,.. tEZ 11111 W :... 6.411.1 ..... M Iiii I V) a444.4 lEg .., Ho, 0_ 53: .ttt ! 0 glim"' ill i111t CC 111 I 11; 1 0_ •,, I ):!I: iili 1 .^ ua ;11 1 •-• I = .r. '1 ' 1 ,.. '.- _ ,. en N f., . II " ,:s o I . EXHIBIT A - PAGE 2 -.. . , ., . // Orr ,,. Schelen 300 Park Place Center 612-595-5775 Mayeron& 5775 Wayzata Boulevard 1-800-753-5775 - . Associates,Inc. Minneapolis,MN 55416-1228 FAX 595-5774 EASEMENT NO. 94-9 PIN: 27 - 001240 - 0 OWNER: Calvin L. and Rosemary Brown 936 South Holmes Street Shakopee, MN 55379 DESCRIPTION OF EASEMENT: A permanent easement for utility purposes over, under and across the west 5.00 feet of the north 90.00 feet of Lot 3, Block 30, SHAICAPEE CITY, according to the plat on file in the office of the County Recorder, Scott County, Minnesota. Said permanent easement contains 450 square feet more or less. II:\1775.65\SURV\MISC\94-9 EXHIBIT A - PAGE 3 NOTE: No boundary survey work was performed as to the precise I hereby certify that this survey,plan,or report was prepared by location of this tract. me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. i - -e.6..e (Th(--‘ 3A 4,/ D. and Ames,LS. c. o. 1 1394 Date EASEDEA2.XIS is I Z W (94-9 ) `" CALVIN L . & ROSEMARY BROWN 27-001240-0 2k--PROPOSED EASEMENT cc LOT 3 . BLOCK 30 Strunk 3 a. CD 444 A SOUTH LINE NORTH 90' Brown N 50 ' Hore j s i EXHIBIT A - PAGE 4 SHAKOPEE PUBLIC UTILITIES COMMISION NOT TO SCALE Drown By: Drawing Title Comm. No. K.J.M. MAK Orr EASEMENT SKETCH 775. 65 H ayeron & 94-9 Associates, Inc. Sheet No. Dote Engineers• Architects • Planners •Surveyors SHAKOPEE,MINNESOTA 300 Park Place Center• 5775 Wayzata Boulevard 03/22/94 Ylaneapoli3.YN 554113.1225• 1312.595-5775 r vt4. O s„�, Easement 300 Park Place Center b i 2-595-5775 Mayeron& 5775 Wayzata Boulevard 1-800-753-5775 °' t5rs.V ELM Associates,Inc. Minneapolis,MN 55416-1228 FAX 595-5774 NO. 95-2 PIN: 27-001192-0 OWNER: Bart Partners 4804 West 60th Street Edina, MN 55424 DESCRIPTION OF EASEMENT: A permanent easement for utility purposes over, under and across the east 6.00 feet of the west 15.00 feet of the north 8.00 feet of Lot 2, Block 25, SHAKAPEE CITY, according to the plat on file in the office of the County Recorder, Scott County, Minnesota. • . . _ Said permanent easement contains 48 square feet more or less. • EXHIBIT A - PAGE 5 NOTE: No boundary survey work was performed as to the precise I bcrcby certify that this survey,plan,or report was prepared by location of this tract. me or under my direct supervision and that I am a duly licensed 1 1:\t77 a9\SURV\USDAEXTTUst rro52 land surveyor under the laws of the State of Minnesota. t• l \ G i. Peter W.Jenkins.i'1..S. Lic.No.27583 Date / \ r W 2 W N -.11111- 111M-0111 Y La ' V G LJ N N c Z 1 .. C . _ - 75-_,O '- N LV Z J ��i Z 0 N M Z �12 � .,. --"—: H r4 r,4 [:7 0 0 cc 0 �o o Cl) a Q m ' O 0 I._ g - - h_. - - - - z w w w N }- Z 1— W wcan � � N N Q o tp Oa- a_ 0 � o o U W Z Lij CD e1w i\ Qm N .J Q w _ : I CD cn Z 107 3NI1 1S3M AS-S- L Q - - cn ..... s! ,. t= •a.$ _ I a.G'z Ea. * i i.1. 33 I 3:10 III 1 Sn8 1- 0 0 -0o r ko • S• n s 1 I EXHIBIT A - PAGE 6 - � o 8 — - - - - 0 , 133415 311IA V NOS z Y =� • °r Easement r= ""�:•`� ' ��� 300 Park Place Center 612-595-5775 Maveron& 5775 Wayzata Boulevard 1-800-753-5775 '_�°:,^,►^�,s� "�2.gE: ASSooate5,Inc. Minneapolis,MN 55416-1228 FAX 595-5774 No. 95-8 PIN: 27-001156-0 OWNER: Charles A. & Lola Mensing 2378 Hauer Trail Shakopee, MN 55379 • DESCRIPTION OF EASEMENT: A permanent easement for utility purposes over, under and across the west 10.00 feet of the east 46.00 feet of the south 10.00 feet of Lot 9, Block 22, SHAKAPEE CITY, according to the plat on file in the office of the County Recorder, Scott County, Minnesota. Said permanent easement contains 100 square feet more or less. EXHIBIT A - PAGE 7 NOTE: No boundary survey work was performed as to the precise I hereby certify that this survey,plan,or report was prepared by location of this tract me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. ):\177529\SURV\Fi1SEME4 \EASSfr.9S8 Peter W.Jenkins,}2.I.. . Lic.No.?1183 Due r.nynt,rrs • Architects • Planners • Surveyors '�� FIRST AVENUE Lr v6 1 2 1 . Y J r.ONC S w 60 f • ' SHAKAPEE CITY ' v-) I F J— t j1 I {.t) op ('j 0 ' (,r) v. 1 BLOCK 22 2 I `' a i i o i - 1 LOT 10 ILOT 9 ' 1 J I a LOT 8 i s I j _ 1 ! 1 ', CHARLES A. & 4.0LA MENSING 27-00156-0 t I (95-8 ) , i— PROPOSED EASEMENT c1.1 rill . 10.-0" 4 r 'L2 - - EXHIBIT A - PAGE 8 SCALE : 1' = 20 FEET Drawn By: Drawing Title Proj. No. Scheirr en Mayeron & EASEMENT SKETCH 177. 89 K.J.M. (BM' Associates. Inc. 95-8 - Sheet No. Date Engineers • Architects • Planners ■ Surveyors SHAKOPEE , MINNESOTA 300 Park Place East ■ 5775 Wayzata Boulevard 03/08/95 WInnaapoIIs.11$ 55416.1228 . 612.595.5775 2 1775.89.SURv.tAOaEASEaE95-6 CONSENT / 2_ 0 Resolution No. 4334 A Resolution Recommending Approval of the Proposed 1996 Suburban Rate Authority Budget BE IT RESOLVED that the City Council of the City of Shakopee, Minnesota hereby approves the proposed 1996 Suburban Rate Authority Budget as outlined in Exhibit "A"attached hereto and made a part hereof. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of June, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Exhibit "A" April 19,, 1995 1996 Suburban Rate Authority Proposed Budget 1995 Assets: Cash and Investments (12/31/94) $25,076 Receivables (1995 assessments) 64,800 Interest Income (estimate as of 12/31/95) 2.000 TOTAL $91.876 Anticipated 1995 Expenses: 1994 and 1995 Minnegasco Cases legal $4,000 expert 1,000 1995 NSP Electric and Gas Matters legal 6,000 expert 3,000 Legislative Matters 10,000 Local Calling Area Investigation 4,000 Electric and Gas Franchise Matters 5,000 Legislative Study of Franchises 14,000 General (fees and disbursements) 18.000 TOTAL ($65.000) Reserve at December 31, 1995: $26.876 1996 Assets: Carryover from 1995 $26,876 Membership Assessment ($400 per vote) 64,800 Interest Income (estimate as of 12/31/95) 2.000 TOTAL S93.676 Anticipated 1996 Expenses: Minnegasco legal $ 7,000 expert 3,000 NSP legal 10,000 expert 4,000 Telephone- legal 8.000 expert 1.000 Legislative Matters 9,000 General Matters (fees and disbursements) 18.000 (560.000) Reserve at December 31, 1996: 533.676 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne ��'� DATE : June 19, 1995 RE : Cooperative Construction Agreement BACKGROUND: City Council directed staff to take the appropriate steps to amend agreements with MnDOT and Met Council regarding use of TIF funds to pay for certain construction projects . The Met Council agreement amendment proceeded fairly smoothly, and was accomplished a few weeks ago. MnDOT has been slightly more difficult, and they want us to send them a resolution approving the amendment to the agreement . Staff has reviewed these changes, and they are in order. ALTERNATIVES : 1 . Move to adopt Resolution No. y33) , resolving to enter into the amendment to the agreement . 2 . Decide not to amend the agreement . RECOMMENDATION: Move to adopt Resolution No. 7 , resolving to enter into Supplement No. 1 to Agreement No. 72710 with the State of Minnesota, Department of Transportation, and authorizing the appropriate City officials to execute the agreement . [19memo3] RESOLUTION NO. Approving Supplement No. 1 to Agreement No. 72710 with the MN Department of Transportation BE IT RESOLVED that the City of Shakopee enter into Supplement No. 1 to Agreement No. 72710 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: so that the City's promise to pay the State for the City's share of the costs of pond, swale and drainage facilities construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 101 (Shakopee Bypass) from Engineer Station 329+30 (0.4 of a mile west of County State Aid Highway No. 17) to Engineer Station 622+00 (at the junction of old Trunk Highway 101 approximately 0.4 of a mile east of the junction of old Trunk Highway No. 101 and County State Aid Highway No. 18) within the corporate City limits under State Project No. 7005-53 (T.H. 101 = 187) is secured by the revenues from its Tax Increment Districts, as well as by other revenues of the City. BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 20th day of June, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director i7, SUBJECT: Temporary Access Road to Boat Ramp from Bluff Avenue DATE: June 20, 1995 INTRODUCTION: This item is to discuss whether to close the temporary road access off of Bluff Avenue through Huber Park to the boat ramp. BACKGROUND: Per the attached May 4, 1995 Council minutes, City Council directed staff to develop a temporary access road off of Bluff Avenue and sign it appropriately. The reason for this temporary road access was due to the Mini-Bypass construction. Complaints have been received from residents along Bluff Avenue and Main Street concerning the dust and speed of travel by motorists using the access road. The Mini-Bypass has been constructed and an access road exists to the boat ramp via Scott Street and Levee Drive under the new 169 Bridge. Staff is requesting Council direction on whether to maintain the boat ramp access off of Bluff Avenue or to close off the road at this time. ALTERNATIVES: 1. Direct staff to close the boat ramp access off of Bluff Avenue and to sign it appropriately. 2. Direct staff to maintain the access off of Bluff Avenue. 3. Table for more information. RECOMMENDATION: Staff would recommend Alternative No. 1. ACTION REQUESTED: Move to direct staff to close the temporary road access off of Bluff Avenue and to sign it appropriately. BL/pmp BLUFF Official Proceedings of the May 4 , 1993 Shakopee City Council Page -5- Lynch/Beard moved to authorize the appropriate City officials to execute an agreement for ice arena design and construction management services by and between Greystone Construction and the City of Shakopee . Motion carried unanimously. Mr. Hutton gave a presentation on the City' s special assessment policy for new sidewalks and the fact that Council directed no assessing new sidewalks on the 4th Avenue reconstruction project . Lynch/Vierling moved to direct staff to revise the Special Assessment Policy to eliminate assessing new sidewalks on collector and arterial streets . Cncl . Lynch stated these sidewalks are for public use and there is a safety issue involved, so they should not be assessed. Motion carried unanimously. Mr. Stock explained to Council that the 1993 budget included funding for one full-time (40 hours) and one seasonal inspector in the Building Department . He stated that there is a need to increase the part time inspector to full time and presented documentation for the need. Vierling/Beard moved to authorize the appropriate City officials to take the appropriate steps to develop and fill a full time Building Inspector/Code Enforcement position. Motion carried unanimously. Vierling/Beard offered Resolution No. 3790, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget (increasing the Building Department Budget to accommodate costs associated with increased Building Department staffing levels) , and moved its adoption. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a 10 minute break at 9 : 55 PM. Mr. Hutton gave a presentation on the need to provide another boat ramp access because of street construction and asked Council for further direction. Cncl . Sweeney suggested closing the boat ramp altogether. Mr. Hutton explained that Huber Park is not in the process of construction and it would not be a problem to put the access through that area. Beard/Sweeney moved to direct staff to develop a temporary access road directly off Bluff Avenue to the boat ramp and to sign it appropriately. Ed Wagner, 120 North Main, was concerned that the traffic would be increased on their residential street and increase the amount of dust on the roads . Official Proceedings of the May 4 , 1993 Shakopee City Council Page -6- Mr. Hutton stated that board fences were built to cut down on the dust for Mr. Wagner' s property, but the evergreens were never planted and could be done at this time . He also stated he could use calcium chloride on the gravel roads and seed the fill for vegetation to help with dust control, but using calcium chloride on City streets is not part of the City policy. Motion carried with Cncl . Lynch dissenting. Mr. Hutton updated the Council on the South Shakopee Interceptor and stated there was no action required. He stated that he has not been able to set up a meeting with the MWCC to discuss their alternatives on the Chaska Wastewater Treatment Plant . He explained that a new, fourth alternative would result in a $9 . 5 million costs to the City of Shakopee . Cncl . Vierling stated that she had called the Chanhassen and Chaska City Administrators concerning this project and that they were interested in the project . Cncl . Sweeney suggested getting together with the other communities and soliciting legal action. Mr. Hutton stated the Met Council staff was arranging to set up a meeting with the City of Shakopee in the near future. Jon Albinson stated that he thought they would construct this after the bypass because they did not want that project going on at the same time. He stated that for construction they would need two miles of easement from Valley Green and that he already had plans for that land and would not give it up easily. Sweeney/Lynch moved to direct staff to take the initial steps to institute legal action in the event we are not able to reach a satisfactory solution with MWCC and Metropolitan Council for the forcemain. Motion carried unanimously. Mayor Laurent also suggested staff arrange a meeting with the appropriate people to discuss this project . Vierling/Beard moved to approve bills in the amount of $144, 490 . 72 . (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3787, A Resolution Amending Resolution No. 1571 Adopting a Personnel Policy for the City of Shakopee, and moved its adoption. (Motion carried under consent business . ) Vierling.Beard offered Resolution No. 3788 , A Resolution Ordering the Preparation of a Report on an Improvement to Downtown Streetscape Project - Phase II , Project No. 1993-12 , and moved its adoption. (Motion carried under consent business . ) -ISsal. : Drri ao rri rte'is S ? (� v� /glj,� so�� .. N > 0 ! cy r,�r �'� ow -+ Z 70 i y2 ov so.� WW1 I� 0 < ti 510 t.01 “ 101 Will ø Oa 111111 Wit vvs I �2 Es . v �,- ss issics %•.• 1.0, 004 Igo tri goo �- zoo ov via 0 div v w op I 011 011 viit fl O os� 4v vv .1111113111111..... o\101ao vv vf •0W Si�go ov ���!rry 101\ pp II'. 1111151 OS so 1 ia .......-- 7 A -irairri• - woos ____. ,\ _sow _,.., lova so, v et_ �1 II. V i l' 40110, -sr, v. woo. os pi Sall ell$plikilik 6.1 11140 10:3\Ilia SW II:11 aril 11.70111.11 wav elm 00 Sill wif/ Vs `i.. vv va' WC-i �; Kj C7 OD lial4 A`raI �4 U 0O IIVISS I (�all E • ilk.� i 0 t7 - *SS v v isaiw les Ill tia' IS 14 r- -- ---=E0 C or= 7 .70- 1 —� , �o v ► VOILA . vas \ a v - - A� i '"�"vv �liv"'v sl. \ (!) m Z ill `_ v iTh - r _ V1_ %! �o o ,��•STJImo' W� ,W CO nil \ - "iir1-181-4 „r.tS v� • o \ Z C-) =� ` l i �a P� se. Co \ ni .� Z m -s� a1illi v v,..3 �p � m \f` C) Cl) -1 ANN �'• �+ ta, . 11,16.111 so N Cl) _ 1° itior imi.....- imokic. tus a 1- �S� v� -'- 1110\6.10 S lad MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director . SUBJECT: County Road 16 Reconstruction from CSAH 17 to C.R. 83 DATE: June 20, 1995 INTRODUCTION: Attached is Resolution No. 4238 and No. 4239 for approving Scott County plans to improve County State Aid Highway (CSAH) 16 from CSAH 17 to County Road (C.R.) 83 (S.A.P. 70-616-15) and for restricting parking on the aforementioned CSAH project area. BACKGROUND: The reconstruction of CSAH 16 to a four lane roadway has been programmed by Scott County Highway Department for 1995. On June 16, 1995,the following documents were received by the Public Works Director in regard to this County project: 1. Blueline set of plans for review and approval. 2. One (1) set of the special provisions. 3. Two (2) copies of the Cooperative Agreement for review and approval. 4. A copy of sample resolution approving the plans. 5. A copy of sample no parking resolution for this project. Attached to this memo are copies of the following correspondence: 1. May 23, 1995 letter to Scott County are review comments of the preliminary draft CSAH 16 plans. 2. June 6, 1996 letter from Scott County on the review comments from City staff. 3. June 16, 1995 fax memo from Scott County on the proposed schedules for starting construction for the time City Council of Shakopee approves the plans. Staff has not had adequate time to review the final plans, special provisions and Cooperative Agreement for a recommendation at this time. The following items are the major issues in approving the plans and specifications: 1. County/City Cost Participation 2. Use of R.A.L. F. property for storm water ponding. 3. Installation of turn lane. 1 4. Urban roadway section with ditches or swales. 5. Right-of-way acquisition for sanitary sewer project. ISSUE#1 - COUNTY/CITY COST PARTICIPATION County Cost Participation Policy is utilized by Scott County as the basis for determining cost sharing of improvements on County highways. For this project, the Cooperative Agreement contains the following City costs for each improvement type: City Improvement Type Amount Participation Storm Sewer $387,416.51 64.2% Concrete Sidewalk $ 75,452.00 100% Bituminous Walk $ 39,243.75 100% Concrete Curb & Gutter $ 85,340.00 50% Concrete Driveway $ 12,139.00 50% Total $599,591.26 Preliminary engineering (8%) and construction engineering (5%) of$29,979.56 are added to the City of Shakopee's share for a total estimated cost of$677,538.12. The feasibility study estimate was $512,737.50. Per the County's Policy, the City pays for storm sewer based on contributing flow ratio as per the State Aid formula. This ratio is used for the storm sewer system and ponding costs. On this project, there are storm sewers in which water quality ponding could not be provided without a severe impact to adjacent properties. The storm water treatment will be provided by a future water quality pond off of Sarazin Street and Mill Pond Water Quality Project. It is staff's opinion that the County should participate in the costs of these pond improvements and the County has agreed. The exact cost sharing amounts have not been agreed upon and need to be incorporated in the Cooperative Agreement. In addition, the storm sewer reimbursement cost from the County on the City's Project No. 1994-11 needs to be included.. Concrete sidewalk is 100% City cost. Bituminous trail is a 100% City cost unless the trail is used excessively for bicycles only. The County would participate in 25% of the cost. Concrete curb and gutter and concrete driveways are 50% City cost and both of these items are assessed to benefitting property owners per City Policy. ISSUE#2- USE OFR.A.L.F. PROPERTY The use of the R.A.L.F. parcel by Shakopee Public Utilities Commission (SPUC) Wellhouse #6 for storm water ponding purposes. A pond was required in this area to 2 provide a water quality pond for treatment and rate control. This drainage area is in an area known as Canterbury South which is very flat and drains into Canterbury Park 2nd Addition. The City, County, SPUC and Valley Green Industrial Park representatives have worked on solving the drainage problems in this area. In order to meet the City's drainage rate control requirement of 1/3 cfs per acre and provide water treatment, the County is proposing to use the R.A.L.F. parcel. This parcel has a gasmain and major watermain through the parcel, thus limiting the building envelope. The County will purchase the land at their cost and the City will share in the construction cost of the pond. ISSUE#3- TURN LANES The issue of whether turn lanes should be installed on this project has been raised during the course of design. Staff has asked the County to respond on the need of turn lanes and County Policy in this area. The County's response is on Page 2 of their June 6, 1995 letter. ISSUE#4- URBAN ROADWAY WITH DITCHES In the plan review, there were several areas listed which do not have positive drainage to the concrete curb and gutter. The profile of the road could not be lowered due to close proximity of the rock formation and the associated higher cost in lowering the roadway. In many areas, swales or shallow ditches with drain inlets have been installed to collect the stormwater. Also, several properties will need culverts under their driveway. The main issue with the design is the appearance of an urban roadway with shallow ditches and the City's ability to sustain the benefit of a curb and gutter assessment. ISSUE#S-RIGHT-OF-WAY ACQUISITION FOR SANITARY SEWER Additional right-of-way on the north side of CSAH 16 needs to be acquired in order to construct the roadway improvements and the City's proposed Sanitary Sewer Main Project No. 1994-11. According to the County Engineer, one more easement needs to be obtained in order for the City to construct the sewer line. Staff apologizes for bringing this item to the Council on such short notice, however, in order to construct a portion of CSAH 16 and restore the road to a hard surface the County has requested consideration of approval before July 11, 1995 Council meeting. It is staff's recommendation for Council to discuss the plans and provide direction to staff on this project. ALTERNATIVES: 1. Adjourn to a special Council meeting to be held on June 26, 1995 to review the CSAH 16 plans, special provisions and Cooperative Agreement. 3 2. Approve Resolution No.'s 4238 and 4239. 3. Do not approve Resolution No.'s 4238 and 4239. RECOMMENDATION: Staff recommends Alternative No. 1, to allow time to review the plans, special provisions and revise the Cooperative Agreement as necessary. ACTION REQUESTED: Move to adjourn to a special Council meeting to be held on June 26, 1995 to review the CSAH 16 plans, special provisions and Cooperative Agreement. BL/pmp MEM423 8 4 RESOLUTION NO. 4238 A Resolution Restricting Parking on County State Aid Highway 16 Between CSAH 17 and County Highway 83 SAP 70-616-15 WHEREAS, the County of Scott has planned the improvement of County State Aid Highway (CSAH) 16 from CSAH 17 to County Highway 83; and WHEREAS, the County of Scott will be expending County State Aid Funds on the improvement of this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a County State Aid Project must therefore include certain parking restrictions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of CSAH 16 from CSAH 17 to County Highway 83. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor, City of Shakopee ATTEST: City Clerk City Attorney K.W.60RES,GT'.APP RESOLUTION NO, 4239 A Resolution Approving Scott County Plans to Improve County State Aid Highway 16 Between CSAH 17 and County Highway 83 SAP 70-616-15 WHEREAS, plans for Project No. SAP 70-616-15 showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County State Aid Highway No. 16 within the limits of the City as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED, that said plan be in all things approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor, City of Shakopee ATTEST: City Clerk City Attorney CERTIFICATION STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Shakopee at a meeting thereof held in the City of Shakopee, Minnesota, on the day of 19_, as discussed by the records of said City in my possession. City Clerk K-WP6O\RES\CITY.APP SHAKOPEE May 23, 1995 Scott Merkley Scott County Highway Dept. 600 Country Trail East - Jordan, MN 55352 Dear Scott: The following comments are in regards to a review of the CSAH 16 construction plans for CSAH 17 to C.R. 83 and are as follows: Title Sheet 1. Is the design speed 50 m.p.h. for the entire segment of roadway? Sheets 65 and 66 show 55 m.p.h. for CSAH 16 legs of traffic signal. Sheet No. 6 2. On the future street extension detail, the "By Others" permanent barricade note is not clear. "By Others" is referring to what agency? Sheets No. 18 - 22 3. What is the status of right of acquisition for this project as the City needs the right-of-way to move the Shakopee Public Utilities Commission's (SPUC) power poles in order to install the sanitary sewer? A right-of-way acquisition estimated time table should be submitted to the City. Sheets No. 23 - 44 4. The question has been raised on turn lanes for this roadway. Have turn lanes been considered in the design and what is the County's policy in regards to turn lane installation? 5. The design is for an urban roadway with concrete curb and gutter from CSAH 17 to C.R. 83. On the south side, the existing ground does not drain to the curb ad gutter as shown on the following locations: A. Sta. 103+85 to Sta. 105+00 Rt. B. Sta. 112+00 to Sta. 116+00 Rt. C. Sta. 124+00 to Sta. 148+00 Rt. CON'IMUN I 1 Y PRIDE SINCE 1857 1_ 4 F\\ `.12-44;- - LU H��Imr�Strut South� Shak��rce,.Alinne ��ta. ;;170-1;',1 (,1_�' -�`� D. Sta. 153+00 to Sta. 158+90 Rt. E. Sta. 165+00 to Sta. 169+00 Rt. F. Sta. 172+00 to Sta. 176+00 Rt. G. Sta. 179+00 to Sta. 184+00 Rt. H. Sta. 196+21 to Sta. 214+00 Rt. Has the County considered eliminating the backslope behind the sidewalk at any of these locations by either lowering of the road or adding fill for positive drainage to the curb & gutter and then catch basins? Sheets No. 36 6. Can one of the storm drain inlets at Station 116+00 Rt. be eliminated? Sheets No. 37 7. Is the 15" CSP culvert under the driveway for the P&R Mini Storage necessary? Sheet No. 38 8. Rip rap sections needed by Outlot A to Upper Valley Drainageway. 9. Previously, it was verbally agreed upon to have the City construct the storm sewer line from DS322 to Oulet A since the City was going to construct a sanitary sewer line in this area. A note should be added stating this segment of storm sewer to be installed by others and the County will reimburse the City in the Cooperative Agreement. Sheet No. 41 10. Show connecting existing 15" RCP storm sewer on Vierling Drive. Sheet No. 42 11. Storm water quality pond adjacent to SPUC welihouse may need to be lined per Joe Adams of SPUC. 12. Flow rate of pond outlet must be no more than 1/3 cfs per acre of drainage area. The City has not received the specifications for this project as yet for review. If you have any questions on this letter, please feel free to contact me at Shakopee City Hall. Sincerely, /511. 2 (;1:)'r Bruce Loney, - Public Works Director SCOTTSCOTTCOUNTY BRADLEY J.LARSON Highway Engineer HIGHWAY DEPARTMENT DANIEL M.JOBE carr 600 COUNTRY TRAIL EAST Design Engineer rr ■ JORDAN, MN 55352-9339 CM, DON D.PAULSON (612) 496-8346 FAX (612) 496-8365 D p,Or}gtruction Engineer OpJune 6, 1995 `/'e $ 1985 6/7 Mr. Bruce Loney City Engineer Shakopee City Hall 129 Holmes Street S. Shakopee, MN 55379 RE: SAP 70-616-15 Dear Mr. " r: This letter is in response to your May 23, 1995 plan review comments for the above referenced project. Title Sheet 1) The design will be shown as 50 mph west of CR 83. The design speed of 55 mph east of CR 83 is correct and will be shown as an exception on the title sheet. The area east of CR 83 is only being widened as a temporary connection to this project. Sheet No. 6 2) The barricades shown in the future extension detail are now being added as a pay item. Sheets 18-22 3) A letter will be sent to you and SPUC updating you on the right-of-way acquisition status. This letter will follow in the next few days. Sheets 23-44 4) The need for turn lanes was previously discussed with Dave Hutton and it was agreed that they were not needed and that a 4-lane undivided roadway would adequately handle the 20-year ADT. The major factor in determining when a roadway needs to be upgraded to increase the number of lanes and provide channelization is the 20-year projected ADT volume. Our policy states: 7,500 ADT upgrade 2-lane to 4-lane undivided 15,000 ADT upgrade 4-lane undivided to 4-lane divided An Equal Opportunity/Affirmative Action/Safety Aware Employer Bruce Loney SAP 70-616-15 June 6, 1995 Page 2 The proposed 20-year ADT for this roadway is 11,130. This volume is well below the 15,000 ADT where channelization is typically considered. This volume would take into account the vehicles entering from the side streets. Additionally, as part of the City's traffic study of eastern Shakopee, Strgar-Roscoe-Fausch modeled and analyzed the future traffic volumes in this area. The study results indicated the following: At the Hauer Trail/Shenandoah Drive and the Vierling Avenue intersections with C.S.A.H. 16 the estimates of peak hour traffic volumes at full development indicate the need for channelization should begin to be considered. Based on the peak hour traffic volumes, the Roundhouse Circle and Sarazin Street intersections with C.S.A.H. 16 would adequately serve future traffic volumes without channelization on C.S.A.H. 16. Scott County concluded that channelization would not be warranted at this time at Hauer Trail/Shenandoah Drive and the Vierling Avenue intersections with C.S.A.H. 16 for the following reasons: At full development the peak traffic volumes just meet the minimum for peak hour signal warrants. If this occurs, we feel it wouldn't happen until near the end of the 20-year life of the roadway. Past City Planner, Lindberg Ekola, thought this area would develop at a lower density than planned, as is presently occurring. 5) In all urban designs it is our policy to eliminate ditches wherever possible and collect the drainage in the roadway system. The presence of the bedrock was a controlling factor in setting the vertical alignment in an effort to keep the project feasible to construct. Also, see the attached June 5, 1995 letter from SEH addressing this item. Sheet No. 36 6) See the attached June 5, 1995 letter from SEH addressing the need for storm sewer drains at station 116+00. Sheet No. 37 7) It was determined the culvert under the P & R Mini Storage driveway was needed. Bruce Loney SAP 70-616-15 June 6, 1995 Page 3 Sheet No. 38 8 & 9) These items will be constructed by the City with your sanitary sewer project. This is addressed in my June 1, 1995 correspondence to the City. Sheet No. 41 10) The storm sewer pipe in Vierling Drive was added and the appropriate changes to the storm sewer system were made. See the attached June 5, 1995 letter from SEH addressing this item. Sheet No. 42 11) The County is proposing to line the permanent storage area of the pond with a clay liner at a minimum depth of 6". We have contacted the MPCA regarding this matter. A copy of our correspondence to the MPCA will be sent to both the City and SPUC. 12) As previously indicated in my May 24, 1995 letter to the City, the proposed pond should accommodate a 100 year storm event while maintaining a discharge rate to the Valley Green parcel of approximately 1/3 CFS per acre of drainage area as discussed at our meeting. A copy of the final plans with all revisions incorporated will be sent to you in the next few days. Also being sent are the specifications, cooperative agreement, no parking resolution, and the original cover sheet for your signature. Please schedule this item for City Council approval at your earliest convenience to allow for 1995 construction. We appreciate your assistance on this project. If you have any questions or would like any additional information, please contact this office. Sincerely, Scott M. Merkley Engineering Coordinator SMM/jkf cc: Don Fehr, Right-of-Way Agent (Item 3) /sal3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION June 5, 1995 RE: Scott County,Minnesota CSAH 16 S.A.P. 70-616-15 SEH No.A-SCOTT9401.00 Mr. Scott Merkley Scott County Highway Department 600 County Trail East Jordan,MN 55352-9339 Dear Mr. Merkley: This letter is in response to the City of Shakopee's comments to the draft construction plan set which had been made available for their review. As requested, we are providing further information pertaining to our design in areas where the City has specific questions or concerns. Referring to correspondence from Bruce Loney of the City of Shakopee dated May 23,1995,we offer the following information: Item 5 As a general rule, we have proposed to grade out areas adjacent to the proposed curb to drain surface flows across the berm and into the street,as is desirable in an urban setting. However,there were numerous areas where doing that proved to be impractical,for either or both of the following reasons: 1. Draining roadside areas over the curb would have required the profile grade to be set lower than we currently have it shown. In all cases in question, lowering the profile would create additional construction cost due to rock excavation and/or would make it difficult or cost-prohibitive to connect the roadway storm sewer to downstream facilities or natural features, due to its depth. 2. In many cases,the drainage area to CSAH 16 extends several hundred feet beyond the right-of-way. The resultant flows, draining over the curb,would create a great deal of gutter flow on the roadway itself. Using Scott County's criteria for allowable flow in the gutter,this would necessitate an impractical catch basin spacing, on the order of an inlet every hundred feet. Furthermore,even in a developed urban area, such large drainage areas would not normally be allowed to drain into a street unabated. The more likely approach under those circumstances would be to have a storm sewer network draining those off-road areas,with a connection from that system to the storm sewer line in the street. This is what we anticipate along the south side of CSAH 16 once development begins to occur. The inlets we have provided on the roadside will be points at which external storm sewer lines can be connected in the future. _ E SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER Mr. Scott Merkley June 5, 1995 Page 2 Item 6 Of the two drainage structures right of STA 116+00, the westernmost one is a catch basin with a stool grate,and the easternmost one is a manhole which is needed to connect the existing 24" RCP shown on the plan. Normally,we would have consolidated them into one catch basin that serves both functions. However, the 24" RCP comes in at an elevation significantly higher than the roadside swale just to the west, which needs to be drained. As a result, two structures were required-one to connect the incoming pipe and one to pick up flows in the swale. Item 10 We obtained information from the City of Shakopee pertaining to the 15"RCP along Vierling Drive, and have shown connecting it to the CSAH 16 storm sewer in the revised construction plans. If you have any questions on these topics or require additional information on any design issue, please do not hesitate to call. Sincerely, Short Elliott Hendrickson Inc. frisity\th Vt4gov James A. Rosenow,P.E. tlo JUN-16-95 FRI 13: 13 P. 01 June 16 , 1995 To: Bruce Loney From: Scott Merkley Subject : SAP 70-616-15 City of Shakopee Project Approval We have reviewed the working days needed to reconstruct CSAH 16 from Vierling Ave . to C.R. 83 this year. Construction would need to begin by Sept , 1, 1995 to allow the work to be completed including a paved driving surface. The following are schedules showing the construction start time for the project with City Council approval at the June 20, 1995 and July 11, 1995 meetings : 6-20-95 City Council Approval 6-21-95 Plans to State-Aid Metro for Approval 6-28-95 Plans to State-Aid Central Office for Approval 7-05-95 County RBA for Approval 7-11-95 County Approval / Begin Advertising 8-14-95 Open Bids 8-15-95 Award Contract 8-28-95 Begin Construction 7-11-95 City Council Approval 7-12-95 Plans to State-Aid Metro for Approval 7-19-95 Plans to State-Aid Central Office for Approval 7-26-95 County RBA for Approval 8-01-95 County Approval / Begin Advertising 9-11-95 Open Bids 9-12-95 Award Contract 9-25-95 Begin Construction We apologize for the very short notice in requesting the City' s Approval . As you are aware, some of the design issues that were recently resolved by the City and the County took considerable more time than expected. Your assistance regarding this matter would be greatly appreciated. I � � RESOLUTION NO. 4336 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR THE SHAKOPEE ROTARY CLUB 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, Shakopee Rotary Club is seeking renewal of their Premises Permit at Bretbecca, Inc . , 124 West 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Premises Permit for the Shakopee Rotary Club at Bretbecca, Inc. , 124 West 1st Avenue, Shakopee, Minnesota, be approved. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this 20th day of June, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ) MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITYACOUNCIL FROM: Karen Marty, City Attorney) / DATE : June 20, 1995 RE : Notice and Acknowledgement BACKGROUND: Late last week the developer for Prairie Bend contacted the City Attorney regarding a title defect which they believe the City can assist in removing. The developer is anxious to clear this up so that it can proceed with sales . This title defect relates to a sewer line constructed in the 1970' s . When the sewer line was constructed, it was assumed that their property could connect to it . Unfortunately, that sewer line was too shallow, and a new, deeper line recently was constructed. The old sewer line has been removed, but the document referring to it remains in the land records . The abstract company reviewing the title has indicated that they would like the City to sign a recordable document specifying that the sewer connection referred to in the 1970' s document is not required, and acknowledging that the new sewer line has been constructed. Public Works and the City Attorney have reviewed the document and have no objection to this request . ALTERNATIVES : 1 . Authorize the appropriate City officials to sign the Notice and Acknowledgement requested by the developer. 2 . Decline to sign the Notice and Acknowledgement . RECOMMENDATION: Move to authorize the appropriate City officials to sign the Notice and Acknowledgement requested by the developer.