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08/15/1995
TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 15, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for E.D.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of July 11th and 18th, 1995 10] Communications: 11] PUBLIC HEARINGS: a] Modification of the Redevelopment Plan for Minnesota River Valley Redevelopment Project No. 1, and the Tax Increment Financing Plans for Districts 2 , 3 , 4 , 7 , and 9 - Res. No. 4273 b] Vacation of Utility Easement Between Lots 2 and 3 , Block 1, Valley Park 6th Addition - Res. No. 4270 c) Proposed Assessments for Street Light at Valley Park Drive and Valley Industrial Park So, 1995-4 - Res. 4275 12] Recommendations from Boards and Commissions: *a] Civic Center - Fee Admission Schedule 13] Reports from Staff *a] Recreation Non-Resident Fees - Jackson Township, Res. No. 4274 TENTATIVE AGENDA August 15, 1995 Page -2- 13] Reports from Staff continued: b] Amendment to Final Plat of Dominion Hills - Res.4272 c] Request for Amendment to Comprehensive Plan by Trish Goldberg d] VIP Connection Charge for Outlots *e] Surplus Property *f] Approve Bills in the Amount of $1, 105, 174 .46 *g] Pawnbroker's Employee License Applications *h] Tattoo License Application *i] 17th Ave. & Sarazin St. - Authorize Engineering Services for Feasibility Study *j ] Authorize Public Works Personnel k] Shakopee Bypass Noise Variance on Construction Activities (Second Segment) *1] Downtown Alleys Change Order No. 2 , Project, 1993-9 *m] Termination of Probationary Status - Bruce Loney 14] Resolutions and Ordinances: *a] Res. No. 4276 - Approving Plans and Ad For Bids on - Vierling from CR-79 to CR-77 , 1995-6 b] Res. No. 4277 - Awarding Bid for Fuller St, 1995-8 - memo on table c] Res. No. 4278 - Awarding Bids for Crack Sealing and Seal Coating, 1995-10 - memo on table *d] Res. No. 4268 - Amending Res.4223, Adopting Assessments for the VIP Interceptor Extension, Rahr Forcemain and Rahr Service Line e] Res. No. 4269 - Amending Res. 4253, Approving Final Plat of Orchard Park First Addition *f] Ord. No. 424 - Amending Zoning Ordinance Relating to Mandatory PUD' s *g] Ord. No. 425 - Renaming Streets in Homestead Ridge 2nd 15] Other Business: a] b] c] 16) Recess for an executive session to discuss matters covered under attorney-client privilege 17] Re-convene 18] Adjourn Dennis R. Kraft City Administrator TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Session August 15, 1995 1. Roll Call at 7:00 P.M. 2. Approval of the July 11, 1995 minutes 3. Use of TIF - Tom Hay 4. Economic Development Assistance Request 5. Blocks 3 & 4 - Purchase Agreements 6. Strategic Planning - Discussion 7. Other Business a) b) 8. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA JULY 11, 1995 President. Beard called the meeting to order at 6: 30 P.M. with Comm. Brekke, Laurent, Sweeney, Lynch, VanHorn, and Morke present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Paul Bilotta, Economic Development Coordinator; and Judith S. Cox, City Clerk. Morke/Brekke moved to accept the special session call. Motion carried unanimously. Sweeney/Lynch moved to approve the Minutes of the June 6, 1995 EDA Meeting. Motion carried unanimously. Comm. Sweeney stated that the property owners affected by Blocks 3 and 4 of the Old Shakopee Plat have not been notified of this meeting. Discussion followed regarding legal notification requirements. There was a consensus that all property owners and renters should receive notification of the meeting prior to the EDA discussing whether or not to acquire property in Blocks 3 and 4 of the Old Shakopee Plat. Mayor Laurent suggested that a policy be drafted outlining when affected parties will be notified of a matter to be discussed. Sweeney/Brekke moved to table discussion of Blocks 3 and 4 until August 1, 1995. Motion carried unanimously. Barry Stock was directed to notify the affected property owners and tenants of Blocks 3 and 4 of the August 1st meeting to discuss whether or not to acquire property in these blocks. Laurent/Morke moved to table discussion of Property Acquisition/ Relocation Assistance until August 1, 1995. Motion carried unanimously. Dennis Kraft explained that the EDA currently has more money than needed to pay immediate bills. He requested that the EDA Funds be placed with the City Treasurer for investment. Lynch/Sweeney offered Resolution No. 95-4, A Resolution Authorizing Placing Funds With the Shakopee City Treasurer For Investment, and moved its adoption. Motion carried unanimously. Barry Stock explained that the EDA has discussed the possibility of amending the City's Tax Increment Financing Plan to more accurately reflect proposed expenditures and secure TIF revenues from future legislative changes. He said that the primary changes to the Official Proceedings of the July 11, 1995 Shakopee Economic Development Commission Page -2- Housing and Redevelopment Plan Project No. 1 include the Civic Center Project to more accurately reflect the project cost and the downtown alleys; and, that amending the Plan doesn't mean that it has to be enacted. Sweeney/Lynch offered Resolution No. 95-5, A Resolution Relating to Minnesota River Valley Redevelopment Project #1; Requesting the City Council to Approve a Modification to the Redevelopment Plan; and Requesting the City Council to Approve a Modification to the Tax Increment Financing Plans for Tax Increment Financing Districts #2,#3,#4 ,#7 and #9; and moved its adoption. Discussion followed regarding EDA funds and projects. Motion carried with Comm. VanHorn dissenting. Paul Bilotta spoke about the direction the EDA would like the City to take in areas of Economic Development. One area is the use of industrial and commercial incentive programs. Staff requested direction as to target groups and degree of involvement in incentive programs. Discussion followed regarding the City's ability to compete with TIF funds. Mr. Morke stated that this would be an area for the CDC (Community Development Commission) to look at and work with staff to make a recommendation back to the EDA as to what is available to the City. VanHorn/Sweeney moved to refer to the Community Development Commission for further study and recommendation on incentive programs to attract business to Shakopee. Motion carried unanimously. Items to be added to August 1, 1995 agenda: 1. Scott County Court House and if EDA's Involved 2 . Consideration of a long-range objective planning session for Shakopee Economic Authority - set date President Beard adjourned the meeting to August 1, 1995. The meeting was adjourned at 7 : 05 P.M. ' (:)/7</- Jud'th S. Cox Secretary Esther TenEyck Recording Secretary MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: August 11, 1995 1. Attached is the Building Activity Report for July, 1995. 2. Attached are the August 3, 1995 minutes of the Planning Commission and Board of Adjustment and Appeals meetings. 3. Attached is a memorandum from the Assistant City Administrator regarding Project Assignment Updates. 4. Attached a memorandum from the Staff Engineer regarding the Savage Alternative Water Source Study- Draft Report. 5. Attached are the July 5th minutes of the Shakopee Public Utilities Commission. 6. Attached are the Revenue and Expenditure Reports as of July 31, 1995. 7. Attached is a correspondence from the Staff Engineer to Scott County regarding speed limits on County Roads. 8. Attached is the Police Newsletter for Council review. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JULY 1995 July 1995 July 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 21 71 7 , 104, 007 13 95 8, 609, 683 Single Family-Septic 3 14 2, 632 , 604 - 14 2 , 827 , 889 Multiple Dwellings 1 5 2 , 193, 510 - 4 1, 193 , 504 (# Units) (YTD Units) (8) (32) - (-) (16) - Dwelling Additions 20 116 558,747 16 98 384, 321 Other 3 7 270, 500 12 831,828 New Comm. Bldgs 1 5 16, 980, 000 1 7 937 , 716 Comm. Bldg. Addns. - 1 35, 000 - 2 250, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - 3 805, 000 New Industrial-Septic - - - - 1 175, 000 Ind. Septic Addns. - - - - - - Accessory/Garages 1 15 166,836 4 23 200, 681 Signs & Fences 7 57 126,517 4 70 96, 979 Fireplaces/Wood Stoves - 3 4, 200 - 6 12 , 863 Grading/Foundation 2 10 948, 554 - 11 579, 070 Moving - 1 - - 3 _ - Razing - 10 25, 985 - 3 11, 150 Remodeling (Res. ) 4 40 398,770 3 28 149, 483 Remodeling (Comm/Ind. ) 1 25 1, 039, 944 2 25 2 , 212, 319 TOTAL 64 380 32 , 485, 174 43 405 19,277,486 No. YTD. No. YTD. Electrical 71 312 66 329 Plumbing & Heating 96 324 69 441 Total dwelling units in City after completion of all construction permitted to date 5, 311 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1995 11317 John Sexton Const. 1174 Jefferson Street House 95,000 L 9 B 7, Jackson View 11318 Dale Dahlke 523 Barrington Drive House 168,828 L 2 B 2, Beckrich Park Estates 11319 Hubert Hommer 1271 Maxine Circle Deck 2,688 11320 John Lutz 1224 Ruby Lane Deck 850 11321 Novak Fleck 1418 Whitney Avenue House 81,024 L 3 B 4, Meadows West 1st 11322 John Lutz 1224 Ruby Lane Fence 950 11323 Petroleum Maintenance 1155 E. 1st Avenue Tanks 150,000 11324 Laurent Builders 1737 West 13th Avenue House 70,404 L 2 B 1, Minnesota Valley 8th 11325 Laurent Builders 1787 Presidential Lane House 71,684 L 3 B 2, Minnesota Valley 8th 11326 Michael Menke 843 Barrington Drive House 178,000 L 1 B 7, Beckrich Park Estates 11327 Donald Lynch 2225 Norton Drive Deck 2,534 11328 Bradley Nelson 1206 Minnesota Street Deck 1,568 11329 Charles VanHale 9081 13th Avenue East Pool/Deck 300 11330 J & M Construction 1511 E. Shakopee Avenue Addition , 19,000 11331 Michael Formaneck 1302 Thistle Lane Deck 2,240 11332 Michael Formaneck 1302 Thistle Lane Fence 703 11333 Charles O'Brian 937 Aster Lane Deck 3,024 11334 Steven Donley 1127 Goldenrod Lane Deck 1,800 11335 Laurent Builders 756 Stonebrooke Drive House 225,000 L 2 B 3, Stonebrooke 1st 11336 Steve Haeg 913 East 4th Avenue Fence 400 11337 Novak Fleck 1409 Whitney Avenue House 79,066 L 14 B 2, Meadows West 1st 11338 Novak Fleck 204 Bluestem Avenue House 101,245 L 14 B 1, Meadows West 1st 11339 Minn. Valley Fence 1101 Austin Street Fence 1,200 11340 Deutsch Construction 1804 Greenway Avenue House 123,073 L 5 B 6, Prairie Bend 1st 11341 Keyland Homes 1864 Greenway Avenue House 98,285 L 2 B 6, Prairie Bend 1st 11342 Westenberg Homes 1827 Greenway Avenue House 124,805 L 2 B 5, Prairie Bend 1st 11343 Windwood Homes 1824 Greenway Avenue House 104,924 L 4 B 6, Prairie Bend 1st 11344 J. Scotty Builders 1884 Greenway Avenue House 85,897 L 1 B 6, Prairie Bend 1st 11345 C & M Home Builders 1653 Parkway Avenue House 80,805 L 6 B 4, Prairie Bend 1st 11346 Sunset Homes 1764 Greenway Avenue House 108,900 L 1 B 4, Prairie Bend 1st 11347 Bernard Kubiszewski 119 West 7t Avenue Deck 1,792 11348 Glenn Kask 2061 West 13th Avenue Window 700 11349 John McGovern 1008 So. Market Street Porch 13,500 11350 Monnens Custom Bldrs. 1605 Dalles_`Drive House 125,000 L 5 B .1, Parkview 1st 11351 Motor Parts of Shakopee 230.East 1st Avenue Sign 3,000 11352 Westside Equipment 804 East 1st Avenue Tanks 80,000 11353 McKnight & Assoc. 916 Stonebrooke Drive House 185,831 L 5 B 4, Stonebrooke 1st 11354 Pat Noll 1258 Heritage Drive E. Deck 2,240 11355 Goodwin Builders 1847 Greenway Avenue House 95,000 L 3 B 5, Prairie Bend 1st _ ' 11356 Monnens Custom Bldrs. 750 So. Atwood Addition 118,992 11357 David Reed 817 Dakota Street Garage 13,440 11358 Lawrence Gardner 829 West 6th Avenue Deck 3,360 11359 Thomas Temple 812 Larkspur Court Deck 3,388 11360 Keith Whitaker 1012 East 4th Avenue Fence 897 11361 Novak Fleck 1432 Foxglove Court House 79,680 L 10 B 1, Meadows West 1st 11362 Edward Swyers 1301 Pondview Court Porch/Deck 10,000 11363 John Klingelhutz 645 East 5th Avenue House 90,019 L 5 -B 1, Market Place 11364 H & M Builders 1487 Homestead Street House 138,945 L 8 B 1, Homestead Ridge 2nd 11365 Dick Jacobson 744 Jefferson Street Window 350 11366 Joy Johnson 1494 Roundhouse Circle Deck 1,625 11367 Wayne Tapper 1383 Sage Lane Deck 1,260 11368 Romar Homes Co. 1807 Greenway Avenue House 80,504 L 1 B 5, Prairie Bend 1st 11369 Greystone Construction 1255 Fuller Street Civic Center 3,190,000 11370 Rick Gunderson Const. 1024 So. Main Repair 45,000 11371 Russ Breeggemann 1125 Quincy Street Deck 1,500 11372 Gary Turtle 140 East 1st Avenue Remodel 140,000 11373 Novak Fleck 1438 Whitney Avenue House 91,280 L 1 B 4, Meadows West 1st 11374 Master Remodeling 1176 Van Buren Street Windows 2,400 11375 Chad Sumption 658 Mound Street Deck 1,372 11376 Laurent Builders Orchard Park 1st Addn. Grading 70,000 11377 John Klingelhutz 541-555 Roundhouse Street Condominium 525,101 L 1 B 2, Prairie Bend 1st 11378 Timothy.:Pommier 1683 Sage Lane Fence 300 11379 Johan Nelson 1117 Dakota Street Deck 1,274 11380 Westside- Equipment 804 East 1st Avenue Footings 3,000 Total: 7,104,947 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee,Minnesota August 3, 1995 MEMBERS PRESENT: Joos, Madigan, Bladow, DuBois and Link MEMBERS ABSENT: Mars and Christensen STAFF PRESENT: Paul Bilotta, Acting Planning Director Terrie Thurmer, Assistant City Planner Julie Baumann, Planning Intern Nicole Bennett, Planning Intern Dave Nummer, Staff Engineer Clare Link, Recording Secretary 1. ROLL CALL. Chairman Joos called to meeting to order at 9:09 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA. The agenda was approved as submitted. 3. RECOGNITION OF INTERESTED CITIZENS. Chairman Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA. Items on the Consent Agenda included: Agenda Item 5: Approval of the July 6 and July 13, 1995, Meeting Minutes. Agenda Item 7: Preliminary Plat of Market Place tabled to September 7, 1995; Agenda Item 8: Final Plat of Horizon Heights 5th tabled to September 7, 1995; Agenda Item 13: Recommended approval of vacation of easement; and Agenda Item 14: Recommended approval of Tax Increment Financing Modifications. Motion: Commissioner Madigan/Bladow offered a motion to approve the consent agenda as submitted. Vote: Motion carried unanimously. *5. APPROVAL OF JULY 6 AND JULY 13, 1995 MEETING MINUTES. The minutes were approved as submitted on the Consent Agenda. 6. PUBLIC HEARING: CONTINUED FROM JULY 6, 1995, MEETING TO CONSIDER PRELIMINARY PLAT FOR THE MEADOWS NORTH, LOCATED EAST OF CR 77, NORTH AND WEST OF THE PROPOSED FULLER STREET, STREET EXTENSION. City of Shakopee Planning Commission Page 2 August 3, 1995 The Assistant City Planner stated that Gold Nugget Development, Inc. is requesting approval of the preliminary plat for The Meadows North. The proposed plat would contain 52 lots on over 17 acres, at a density of approximately 3 lots per acre. She stated that at the public hearing on June 8th, there were a number of concerns raised by neighboring residents to the Planning Commission. The public hearing was continued to the July 6, 1995, meeting to allow the developer to obtain direction from the Planning Commission regarding the issues raised at the June meeting. She added that one of the major issues discussed was the proposed vacation of portions of Apgar Street. Staff has reviewed the alternatives discussed at the July meeting and provided information regarding these alternatives in the staff memo. However, the vacation of Apgar is a separate issue, and the approval of this preliminary plat would not imply that the vacation would be approved. Staff is recommending a condition requiring that the approval of the preliminary plat be contingent upon the vacation of the portions of Apgar required for the plat. If the vacation does not take place, the plat would become void. She added that staff is recommending the approval of the preliminary plat, subject to the conditions discussed in the staff memo. Commissioner Link asked if staff feels comfortable with this proposal from a planning and engineering perspective. The Assistant City Planner stated that staff is comfortable from a planning perspective. The Staff Engineer discussed the concept of running the road through, and added that this would meet with engineering's guidelines. Horst Graser, Gold Nugget Development, stated that there was considerable discussion about the vacation of Apgar Street at the last meeting. He believed that whatever happens, the overall design will be affected by the eventual decision on whether all or a portion of Apgar will be vacated. He stated that if Apgar is not vacated, they will have to start over. He would prefer that no more designing be done until a decision is made. John Iten, 1016 S. Fuller Street, Street, agreed with the developer and shares his frustration. He believed that someone put the cart before the horse. He stated that city staff does not want to listen to what people are saying. Mike Menke, Jackson Township, expressed concern about Apgar Street being closed. He stated that he's been waiting 25 years for the road to be improved. He discussed the importance of keeping Apgar open. John Iten, 1016 S. Fuller Street, was concerned that if this is approved, Apgar will be vacated because it is the only way that the development would work. He believed that the decision on Apgar should be made before any decision is made on this development. Horst Graser asked how soon a vacation of Apgar can be discussed. The Staff Engineer stated that the County still has possession of Apgar. He suggested that a recommendation regarding this development be tabled until that time. City of Shakopee Regular Planning Commission Meeting August 3, 1995 Page 3 John Iten, 1016 S. Fuller Street, stated that it doesn't seem to be a problem with the developer to keep Apgar open. He believed that staff only had the problem with it. He stated that it is irrelevant, if it is designed well, whether it is a city or a county street. Jean Marschall, 600 Hermes Avenue, asked why Apgar doesn't conform when Fuller Street, does not exist. The Staff Engineer stated that whether Apgar connects with Fuller Street, or vice versa, there will not be a safe intersection. In addition, the City Council has directed the construction of Fuller Street, Street. He noted that bids will be awarded on August 15, 1995. Commissioner DuBois noted that this is a very difficult issue and agreed that the closing of Apgar should have been decided first before a plat is approved. Commissioner Joos asked if there isn't a request for a vacation, how would this issue be approached. The Staff Engineer stated that a vacation can be initiated by either the City or an individual. Commissioner Link agreed with Commissioner DuBois. Commissioner Joos asked what action should be taken. The Acting Planning Director stated that the public hearing can either be continued or closed. In either case, the public hearing would be re-advertised. John Iten, 1016 S. Fuller Street, discussed his concerns about closing Apgar. Commissioner Bladow stated that something has to be done. He suggested that the developer design the development with Apgar open and with it closed. Kevin O'Brien, 1024 Fuller Street, asked why a public hearing can't be held on Apgar contingent on it being turned over by the County. The Acting Planning Director stated that this issue can be brought up with the City Attorney for a decision. Mr. Graser stated that if Gold Nugget brought in a design with the presumption that Apgar remain as a public road, it appears that this plat would not be plattable. He was reluctant to go any further until issues have been resolved. Motion: Commissioner Madigan/Bladow offered a motion to close the public hearing and direct staff to bring this item back to the Planning Commission upon resolution of the Apgar issue. City of Shakopee Regular Planning Commission Meeting August 3, 1995 Page 4 Vote: Motion carried unanimously. Commissioner DuBois asked how this could be prevented from happening again. The Staff Engineer discussed the development relationship between the City and county, and explained the City's share of construction costs for Fuller and Apgar Street. Menke stated that the costs should've been determined when the Civic Center was proposed. *7. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF MARKET PLACE 2ND ADDITION, LOCATED WEST OF MARKET STREET AND NORTH OF FIFTH AVENUE (PUBLIC HEARING CLOSED AT THE MAY 4, 1995 MEETING; CONTINUED FROM THE JULY 6, 1995 MEETING). Tabled to September 7, 1995, on the Consent Agenda. *8. PUBLIC HEARING: TO CONSIDER THE FINAL PLAT OF HORIZON HEIGHTS 5Th ADDITION, LOCATED SOUTH OF RIVERVIEW ESTATES, EAST OF HORIZON HEIGHTS 1ST ADDITION, NORTH AND WEST OF SHAKOPEE CITY LIMITS (TABLED AT JULY 6, 1995 MEETING) Tabled to September 7, 1995, on the Consent Agenda. 9. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE PRAIRIE BEND PLANNED UNIT DEVELOPMENT(PUD) FOR ONE LEVEL, OWNER OCCUPIED CONDOMINIUMS FOR SENIORS 55 AND OLDER TO BE CALLED CANTERBURY POINTE. THE PORTION OF PUD BEING AMENDED IS LOCATED SOUTH OF 4TH AVENUE AND WEST OF SARAZIN STREET (EXTENDED). Planning Intern Julie Baumann stated that staff is requesting that this item be tabled to the September 7, 1995, meeting of the Shakopee Planning Commission. She added that this would allow the applicant and staff the time needed to obtain and review new design information for the development. She also discussed the need to further review private streets, and that there was a short memo on the table regarding this issue. Commissioner DuBois asked that this be continued to the September 7th meeting so that the staff memo regarding the private streets can be reviewed prior to that time. City of Shakopee Regular Planning Commission Meeting August 3, 1995 Page 5 Jim Johnston, Sienna Corporation, stated that they are concerned about the waning construction season. He suggested that the issue of streets be discussed concurrently with this application. He requested that it be reviewed contingent upon the decision on private streets. Mike Saxton, Cottage Homesteads of America, Inc., provided background on his company and the need to service the senior community. He discussed the need for private drives for security purposes, and discussed the history of the project. Commissioner DuBois asked how wide the private drives would be. Saxton replied that they would be 28' wide and built to City standards. No parking would be allowed on either side. The Acting Planning Director stated that what is being proposed in this development would be perceived as public streets by others. He discussed the issue of whether it should be a public or private street. Mr. Saxton agreed with the analysis, but discussed his concerns about time constraints. He noted that private drive monuments would be at the entrances. Commissioner Bladow asked if there will be a fence around the development. Mr. Saxton stated that a decorative kind of fencing is installed around the entrance areas, but the entire community would not be fenced in. The Acting Planning Director asked for direction on whether something that looks like a public street, but isn't, should be permitted. Commissioner Bladow stated that minimum standards should be set. Commissioner DuBois stated that she is in favor of the project. She recommended that Items 1 and 3 from the staff memo on the table be used as possible solutions. These items included the following: Item No. 1: Define all dedicated right-of-ways as streets and all private access as driveways in the Subdivision Regulations; and Item No. 3: Create standards for determining when private streets may or may not be used. Motion: Commissioner Bladow/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. City of Shakopee Regular Planning Commission Meeting August 3, 1995 Page 6 Motion: Commissioner DuBois/Bladow offered a motion to table the recommendation to the City Council until the September 7th Planning Commission meeting. Vote: Motion carried unanimously. 10. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER, FOR A TEXT AMENDMENT TO REVISE THE SETBACK REQUIREMENT FOR VEHICLE SALES LOTS. The Assistant City Planner stated that in researching this proposal, staff discovered that this issue is discussed under Section 11.87, Subd. 2, "Conditional Use Permit Standards for Business Zones". This portion of the City Code allows the standard 15 foot setback to be applied to automobile display lots, instead of the 30 foot setback required for other types of sales lots. Therefore, no amendment to this portion of the City Code is being proposed at this time. Motion: Commissioner Bladow/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. 11. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER, FOR A TEXT AMENDMENT TO REVISE THE DESIGN STANDARDS WITHIN THE RESIDENTIAL ZONES. The Assistant City Planner stated.that the Legal Department would like additional time to review the text amendments proposed by Planning staff. Therefore, staff is recommending that the public hearing be continued to the September 7th meeting. Motion: Commissioner Madigan/DuBois offered a motion to continue this public hearing to the September 7, 1995, meeting. Vote: Motion carried unanimously. 12. PUBLIC HEARING: TO CONSIDER A ZONING ORDINANCE TEXT AND MAPPING AMENDMENT TO REMOVE THE MANDATORY PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT FROM THE OFFICIAL ZONING MAP, AND TO DELETE LANGUAGE REFERENCING THE MANDATORY PUD DISTRICT FROM CHAPTER 11, THE ZONING CHAPTER. THE MANDATORY PUD OVERLAY DISTRICT IS GENERALLY City of Shakopee Regular Planning Commission Meeting August 3, 1995 Page 7 LOCATED SOUTH OF 4TH AVENUE, NORTH OF COUNTY ROAD 16, EAST OF MARSCHALL ROAD, AND WEST OF COUNTY ROAD 83. Planning Intern Julie Baumann stated that the City of Shakopee is proposing a text amendment to Section 11.50, Subd. 2(A), regarding the requirement of the Mandatory Planned Unit Development (PUD) Overlay Zone. The City of Shakopee is also proposing that the Official Zoning Map be amended to remove the Mandatory Planned Unit Development (PUD) Overlay District. Exhibit A displays the areas on the Zoning Map that are included within the Mandatory Planned Unit Development (PUD) Overlay District. She noted that in 1986, the City Council adopted the Racetrack Land Use Study. This study recommended the creation of the Mandatory Planned Unit Development (PUD) Overlay District. The purpose of this district was to encourage the planning of larger land areas with maximum compatibility and to allow each development proposal to be evaluated by the City on its own merits. She added that with the preparation of the draft 1995 Comprehensive Plan and the creation of the Major Recreation Zone with the update of the Zoning Ordinance, the City has put in place controls that should be sufficient to meet the goals of the original study, and are less likely to be subject to legal challenge. She stated that the City is proposing that the Mandatory Planned Unit Development (PUD) Overlay District be removed from the Official Zoning Map, and that the text of Section 11.50, Subd. 2(A) be revised to delete all language referring to the Mandatory Planned Unit Development (PUD) Overlay District. Motion: Commissioner Madigan/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Madigan/DuBois offered a motion to approve an amendment to the official zoning map and zoning ordinance text amendment for the removal of the Mandatory Planned Unit Development Overlay District. Vote: Motion carried unanimously. *13. VACATION: TO CONSIDER THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT BETWEEN LOTS 2 AND 3, BLOCK 1, VALLEY PARK SIXTH ADDITION. City of Shakopee Regular Planning Commission Meeting August 3, 1995 Page 8 The Planning Commission recommended approval of the vacation of the drainage and utility easement on the Consent Agenda. *14. TAX INCREMENT FINANCING REDEVELOPMENT PLAN MODIFICATIONS The Planning Commission recommended approval of the Tax Increment Financing Modifications on the Consent Agenda. 15. OTHER BUSINESS A. Chairman Joos welcomed Nicole Bennett to the Planning Department staff and welcomed Clare Link as the Recording Secretary. 16. ADJOURN Chairman Joos adjourned the meeting at 10:45 p.m. {I:\PLANNINGIMINUTES\PC-BOAA\PCAUG3.95} OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota August 3, 1995 MEMBERS PRESENT: Joos, Madigan, Bladow,Link, and DuBois MEMBERS ABSENT: Mars and Christensen STAFF PRESENT: Paul Bilotta, Acting Planning Director Terrie A. Thurmer, Assistant City Planner Julie Baumann, Planning Intern Nicole Bennett,Planning Intern Dave Nummer, Staff Engineer Clare Link,Recording Secretary 1. ROLL CALL Vice Chair Madigan called to meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF JULY 6, 1995, MEETING MINUTES The minutes were approved as submitted. 4. RECOGNITION OF INTERESTED CITIZENS Vice Chair Madigan recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: CONTINUED FROM JULY 6, 1995 MEETING. TO CONSIDER AMENDMENTS TO A CONDITIONAL USE PERMIT FOR FISCHER AGGREGATES The Assistant City Planner stated that at the July 6th meeting the Board tabled this public hearing to tonight's meeting due to the applicant's request for a text amendment for a reduction in the amount of topographical information required as a submittal for mining operations. At the July 18th meeting of the City Council, the Council discussed this request at length, and the general consensus was that it felt that topographical information within 1,000 feet should be required, with the City Engineer empowered to reduce this requirement on a case-by-case basis if certain criteria are met. The Council's decision was tabled, and it directed staff to provide draft criteria for the City Engineer to follow. The applicants have since withdrawn their text amendment request. She added that staff recommends that the public hearing regarding this request be continued to the September 7th meeting to allow time for the applicants to provide the required submittal information to City staff for review. John Voss, Planning Consultant for Fischer Aggregates noted that they are in the process of collecting additional topographical information which will be provided to staff prior to the September meeting. They propose to amend the CUP and provide new conditions as well as additional conditions from staff He invited Commissioners to visit a similar site in Apple Valley. He noted that three members of City staff have already visited the site. Kirsten Rojina, Sunde Engineering reviewed the mining plan which is currently in effect for this site. She noted that staff has been concentrating on the end use plan which resulted in the applicant revising the end use plan for this property. She reviewed a revised mining plan which incorporates many of the aspects of the earlier application. She reviewed the mining phases and berming which would be constructed as phases progress. She noted that reclamation would occur as each phase of mining is completed. She stated that some areas will not be mined to allow for the construction of future roads to access the end use development. She reviewed the end use plan in concept form. One of staffs concerns was the depth of sanitary sewer. The sanitary sewer will be brought up to conform to current city standards. She believed that this plan will allow for more mining and discussed the need for more aggregate in the area. Commissioner Joos asked what the zoning for this area is in the Comprehensive Plan. The Acting Planning Director replied that it is earmarked for residential development. Motion: Commissioner Joos/DuBois offered a motion to continue the public hearing to September 7, 1995. Vote: Motion carried unanimously. 6. PUBLIC HEARING: CONTINUED FROM JULY 6, 1995 MEETING. TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP TO ALLOW TWO BUILDINGS ON ONE LOT, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF 12TH AVENUE AND PARK PLACE. The Assistant City Planner stated that the applicant is requesting a conditional use permit to construct two principal structures on one lot located within the Heavy Industrial Zone. The site is 9.2 acres in size and is currently vacant. She added that staff recommends the approval of the Conditional Use, subject to the two conditions discussed in the staff memo. Motion: Commissioner Joos/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Board of Adjustment and Appeals August 3, 1995 Page 3 Motion: Commissioner DuBois/Link offered Conditional Use Permit Resolution No. PC-722, A Resolution Approving a Conditional Use Permit for more than One Principal Structure per Lot in the Heavy Industrial(I-2)Zone, subject to the following two conditions: 1. The site shall be designed to facilitate ingress, egress, and overall circulation both for the development as a whole and for the individual buildings and structures within the development; and 2. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contains provisions providing for the enforcement thereof. Vote: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR RICK JEURISSEN AND BERNARD JEURISSEN TO ALLOW TWO BUILDINGS ON ONE LOT, LOCATED AT 2967 MARSCHALL ROAD. The Assistant City Planner stated that the applicant is requesting a conditional use permit to construct a second principal structure on a site within the Rural Residential Zone. The site is 136 acres in size, and it contains a farmhouse, which is being occupied by the applicant's father; a mobile home, which is being occupied by the applicant; and a number of farm buildings. The maximum density within the Rural Residential Zone is 1 dwelling per 10 acres, and the approval of this permit would not exceed this density requirement. She added that staff is recommending the approval of the Conditional Use, subject to the three conditions discussed in the staff memo. Commissioner DuBois asked for clarification on where the existing house is located. The Assistant City Planner explained the location of the house, referring to the survey provided by the applicant. Commissioner DuBois asked what the setback is for the proposed house and if it is to be located north or south of the existing home. Rick Jeurissen, 2967 Marschall Road stated that the proposed house would be south of the existing house and would be 162-1/2 feet from the centerline of Marschall Road. Commissioner Joos asked if the soils have been tested. Jeurissen replied that the soils have been tested and approved, and the Assistant City Planner confirmed that the Building Official has already reviewed this information. Board of Adjustment and Appeals August 3, 1995 Page 4 Commissioner DuBois asked what the plans are for Marschall Road and at what point would additional land be required for right-of-way. She asked if this would affect the setback of this house. The Staff Engineer stated that staff is not aware of any County plans for upgrading CR 17 (Marschall Road)within the next five years. Commissioner Joos asked if the density requirement within this area is affected. The Assistant City Planner noted that there is 136 acres on this site, and only two homes proposed. Commissioner Bladow asked if a well is also planned. Jeurissen stated that there is an existing well on the site, and they are not planning to drill another well. Motion: Commissioner Joos/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Joos/Bladow offered a motion to offer Resolution No. PC-723, a resolution approving a conditional use permit to allow two buildings on one lot, subject to the following conditions: 1. The applicant shall remove the existing mobile home structure from the site prior to the occupation of the structure; 2. The site shall be designed to facilitate ingress, egress, and overall circulation both for the development as a whole and for the individual buildings and structures within the development; and 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contains provisions providing for the enforcement thereof. Vote: Motion carried unanimously. 8. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A TWO AND A HALF FOOT (2-1/2') VARIANCE TO THE TWENTY FOOT SIDE YARD SETBACK REQUIREMENT,LOCATED AT 1316 BLUE HERON TRAIL. Planning Intern Nicole Bennett stated that the applicants are requesting a 2.5 foot variance to the side yard setback requirement. Their property is located at 1316 Blue Heron Trail and is within the Rural Residential Zone. The minimum side yard setback within this zone is 20 feet. The applicant is requesting the variance in order to construct a three season porch adjacent to the existing single family dwelling. Board of Adjustment and Appeals August 3, 1995 Page 5 She stated that, according to the City Code, a variance may only be granted if all four criteria are met. Staff finds that criteria one and two are not satisfied by this variance request. Therefore, staffs recommending denial of the variance application. Planning Intern Bennett noted that a revised Resolution No. PC-724 was on the table. The original resolution contained a typographical error that has since been corrected. Commissioner DuBois asked what the setback was prior to 1979. Joseph Johnson, 1316 Blue Heron Trail stated that the side yard setback prior to 1979 was 10 or 15'. Johnson believed that only a new home or remodeling of a condemned structure would qualify for a variance under Criterion 1A. The Acting Planning Director explained when a variance is granted. Johnson explained why there are circumstances unique to his property. He noted that the change in elevation from the street level to the back of the lot is ten feet. He explained why the house was situated where it is. He didn't believe that the essential character of the neighborhood will be compromised should this variance be approved. Johnson asked for clarification of the economic consideration. The Acting Planning Director discussed issues of economics which would permit the granting of a variance which he did not feel the applicant qualifies for. Johnson explained why the proposed location for the porch is the best location. He stated that he is trying to add on to the house so that it doesn't look like an addition. Commissioner DuBois asked what the side yard setback is to the closest neighbor would be. Johnson replied that it is supposed to be 20'. Commissioner DuBois asked what the distance from his neighbor's house to his lot line would be. Johnson replied that there is 60' of distance between the two homes. Jim Larson, 1336 Blue Heron Trail stated that the current plan is the most appropriate use for the addition. He would not be opposed to the addition. He stated that he is the only neighbor that the addition would be visible to. Motion: Commissioner Joos/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Board of Adjustment and Appeals August 3, 1995 Page 6 Discussion regarding the criteria required for the granting of a variance took place. 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: 1 A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Finding: The Board finds that the subject site is currently being used as a single family dwelling which appears to be an appropriate use of the property. 1B. The plight of the landowner is due to circumstances unique to the property. Commissioner DuBois believed that the plight was created after the home was built. She believed that this was a unique circumstance caused by the change in setbacks. Commissioner Joos questioned whether the setbacks have changed or not. The Assistant City Planner stated that prior to 1979, the setbacks were 15'. Finding: The Board finds that this lot is not unusually shaped nor does it have any unusual circumstances. 1C. The circumstances were not created by the landowner. Commissioner Link noted that the setback has been changed by the City. Commissioner Bladow agreed, noting that there was acting by an outside party. Commissioner Joos stated that he agreed, basically, but stated that the house was unusually located on the lot. He was in agreement with staffs recommendation on this. Commissioner DuBois disagreed with staffs recommendation on this criterion. Finding: The Board finds that the circumstances creating this request were created by the change in side yard setbacks. 1D. The variance, if granted, will not alter the essential character of the locality. Board of Adjustment and Appeals August 3, 1995 Page 7 Commissioner DuBois stated that she believed that the variance approval would not alter the essential character of the locality. Commissioner Link that the essential character would not be altered. Commissioner Bladow agreed. Finding: The Board finds that the variance, if granted, would not alter the essential charter of the locality. 1E. 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. Commissioner Link agreed with the finding. Finding: The Board finds that the circumstances creating this request do not appear to extend beyond the economic considerations of the applicant. There seems to be sufficient space in the rear yard for expansion. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding: The Board finds that this variance request is in conflict with the Zoning Chapter's stated purposes of encouraging the planned and orderly development of residential land; providing adequate light, air, and convenience of access to the property; and preventing overcrowding of land and undue concentration of population and structures. Criterion 3: The request is not for a use variance. Finding: The Board finds that this request is not for a use variance and, therefore, this criterion is satisfied. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. Finding: The Board does not propose to impose any additional conditions as part of this variance request. Board of Adjustment and Appeals August 3, 1995 Page 8 Motion: Commissioner Joos/Bladow offered a motion to offer Resolution PC-724 denying the variance request, with findings. Vote: Ayes-Joos,Madigan, and Bladow. Nays-DuBois and Link. Motion carried. The Acting Planning Director stated that it would be possible for this to proceed if there is a land sale of 2-1/2'to the applicant. 9. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE TO THE MAXIMUM DENSITY REQUIREMENT WITHIN THE RURAL RESIDENTIAL ZONE (RR) OF ONE DWELLING PER TEN (10) ACRES, LOCATED AT 9076 BOILING SPRINGS LANE. The Assistant City Planner stated that the applicant is requesting a variance in order to construct a single family residential home on a one acre portion of a 5-1/2 acre site which contains a residence. Since the density requirement within the Rural Residential Zone is one dwelling per ten acres, and this parcel is only 5-1/2 acres in size, the site is already nonconforming. To divide the 5.5 acre site into two parcels (1 parcel at 1 acre in size and the other at 4-1/2 acres in size)would further increase this nonconformity. In addition, she added, the proposed lot size is substantially smaller than the current requirement as well as the previous 2-1/2 acre minimum lot size requirement. She explained that the DNR has expressed concerns regarding the site's proximity to Eagle Creek, and the feasibility of developing the site due to building and septic system setback requirements in the Shoreland Overlay Zone. They are recommending the denial of this variance request. She went on to state that a variance may be granted only in the event that all four of the variance criteria can be met. She stated that this request appears to be in conflict with both Criteria 1 and Criteria 2. Therefore, staff is recommending the denial of the variance request. Steve Larson, 1200 Sapphire Lane stated that they have talked to the DNR who are willing to work with him on his request. He noted that they can relocate the house and are willing to work with City staff to get what they want. Commissioner DuBois asked when he thinks that city water and sewer will be available to the site. Larson stated that it will be available in the near future. Commissioner Joos asked what can be done with this property. He believed it was a landlocked piece. The Assistant City Planner noted that there is an easement for access to the Board of Adjustment and Appeals August 3, 1995 Page 9 property. She noted that the platting of the Van Zee development granted an easement for access to the existing farm property. Commissioner DuBois asked if there is access off of a public road. Roberta Larson explained the location of the private road near the site. Commissioner Link asked where the existing farmhouse is located. Larson noted the location. Commissioner Link didn't think any action could be taken on this item until the issue with the DNR is resolved. Commissioner Joos asked what the current zoning is for this property. The Assistant City Planner stated that it is zoned Rural Residential, with a Shoreland overlay. She noted that due to the small size of the site, it would be impossible for this property to meet the 1:10 requirement. Commissioner Joos stated that he would like to see other options for the applicants and this property. Motion: Commissioner Joos/DuBois offered a motion to continue the public hearing to September 7, 1995. Vote: Motion carried unanimously. 10. OTHER BUSINESS No other business was on the agenda for discussion. 11. ADJOURN Vice Chair Madigan adjourned the meeting at 8:52 p.m. #3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Project Assignment Updates -Non-Agenda Informational DATE: August 10, 1995 Following is a brief update on several projects that I am currently working on: 1. City Newsletter- The next edition of the Shakopee City Newsletter is scheduled to go to press on Wednesday,August 16, 1995. Distribution of the newsletter is scheduled for August 23rd. Topics featured in this upcoming issue include a status report on the Shakopee Civic Center Project, a status update on the land trust issue and the B.I.A., a status update on blocks 3 &4, information on City construction projects and the filing opening date for City municipal elections. 2. Staff is currently seeking proposals for custodial services associated with the Shakopee Library,Public Works Building, City Hall and Civic Center. Based on the facility needs and proposals received to date, staff maybe recommending the utilization of two separate custodial firms. The proposal deadline has been set for August 25, 1995. 3. The Building Operation Request for Proposals -At a Committee of the Whole meeting in July, it was suggested that staff seek building operation proposals for the Civic Center facility. Staff has contacted both Lifetime Fitness and Ogden to determine whether they are interested in submitting a proposal. Representatives from Lifetime Fitness will be meeting with me during the week of August 14th to discuss this matter further. Ogden officials have not shown much interest in the concept. 4. Civic Center Furnishings and Fixtures -At the Committee of the Whole meeting in July, Council requested staff to solicit help in acquiring the necessary furnishings, fixtures and equipment associated with the Civic Center Project. I have discussed this issue with Greystone Construction and they are in the process of preparing a proposal to assist with this process. Staff is optimistic that the information will be ready for Council consideration on September 5th. In the meantime, I am attempting to get proposals on some of the easier equipment packages(i.e. gymnastics equipment, exercise machines, phone system, scoreboards, etc.) 5. Acquisition/Relocation Consultants - On August 8, 1995 I had the opportunity to meet with Conworth to discuss the not to exceed price for the scope of services offered in their acquisition/relocation proposal. Since the EDA is taking a more conservative approach to acquiring the property and the potential time frame involved maybe lengthened,the EDA expressed some concern regarding whether or not the not to exceed price would be firm. Conworth representatives stated that they did not anticipate having to change their not to exceed price. They noted that their proposal was based on an approximate time commitment for each parcel. 6. Attached is the Assistant City Administrator's monthly report. Monthly Project Report - Submitted by Barry Stock August 10, 1995 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% Intern Project 2. AWAIR Program ? ? 0% Intern Project 3. Perform Employee 11/1 12/1 50% Rec. Dept. Evaluations Complete 4. City Residents Guide 12/15 12/1 40% 5. Complete Contract Negotiations a. Sergeants 11/9 ? 0% b. Police 2/8 ? 95% c. City Hall 12/9 ? 95% 6. Complete 1996 Budgets Rec./Civic Center 6/15 7/30 100% Govt. Bldgs. 6/15 7/30 100% Bldg. Dept. 6/15 7/30 100% EDA 6/15 7/15 100% 5 Yr. Bdlg. Maint. Plan 7/10 7/30 20% 7. Community Center Process 1993 1995 Bldg. Issues 35% Staffing Plan 50% Arena Scheduling 35% Equip. Needs/Purchases 20% User Fee Policies 85% Facility Schedule 75% Family Net Office Agreement 90% Vending Proposal Contracts 90% Arena Ad Sales 50% ISD 720 Facility Use Agreement 75% Ice Time Rental and Schedule 40% Bldg. Operation Proposals 20% Furnishing/Fixture Assistance Proposals 20% 8. Blocks 3 and 4 3/15 6/15 Property and Fixture Appraisals 100% Acquisition/Relocation Proposals 100% Acquisition/Relocation Agreement 50% Bond Counsel Analysis of TIF 20% Rehab Proposal - Old City Hall 0% 9. City Newsletter 8/4 8/18 40% Issue #2 10. Neighborhood Meeting 1/17 5/1 25% Concept 11. Admin. Policy RE: Common 12/21 4/15 10% Sewer/Water Line for Condo Units 12. TIF Plan Amendments 6/1 8/5 90% 13. CAP/Hi-Rise Cleaning Agree. 6/1 7/15 90% 14. Bldg. Cleaning RFP's 8/8 9/15 25% #'L4 MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer SUBJECT: Savage Alternative Water Source Study-Draft Report DATE: August 15, 1995 NON-AGENDA INFORMATION: Attached is the Executive Summary from the draft Savage Alternative Water Source Study. This report was prepared for the City of Savage by their consultant Barr Engineering, and was made available to the members of the Task Force which includes Shakopee, SPUC, Prior Lake, Burnsville, Shiely Quarry and Kramer Quarry. The draft report was also distributed to regulatory agencies such as DNR and the Department of Health. The report recommends utilizing interconnections with the Burnsville water system to supply Savage with a permanent water source. To accomplish this a few wells in Savage which have a high impact on the Savage Fen will be abandoned, and replaced with more wells in Burnsville which have a lesser impact per well on the Fen. The report was not intended to provide recommendations for Shakopee, and does not address water availability for areas other than Savage, Prior Lake and Burnsville. The report for Prior Lake concludes that they will most likely need to find an alternative water supply to meet future needs. h:\worddocs\water.doc Executive Summary This report reviews potential potable water sources available to the City of Savage and makes recommendations for phased implementation of three options. If the City continues to rely on its existing six wells, peak demand for water will exceed firm supply shortly after 1996. The Minnesota Department of Natural Resources has indicated that increased appropriations from wells drawing on the Prairie du Chien/Jordan (PDC/Jordan) aquifers (four of the six existing wells) are unlikely to be approved. Additionally, there are concerns about the effects of additional wells on the Savage Fen, a rare protected wetland, and on other natural resources in the area. Use of the water table and PDC/Jordan aquifer within Savage,city limits were eliminated from consideration in this report due to their impacts on the Savage Fen. Analysis The following six criteria were used to analyze potential sources of potable water: • Quantity of water available • Quality of water • Treatment requirements and compatibility with the City's existing treatment system • Source reliability • Regulatory issues • Preliminary cost estimates The table below summarizes the results of the analysis in very general terms. The conclusions are explained in detail in the attached report. Q:\DOCS\27010_1\YMH 1 Executive Summary Table Regulatory Source Quantity Quality Treatment Reliability Issues Cost Minnesota River Adequate Poorest Significant Least Greatest $13,000,000 burden Franconia-Ironton- Not Eliminated from consideration due to test results at Galesville Aquifer adequate Well 7. Mt. Simon-Hinckley Adequate; Radium Feasible, Long-term Appropriations 9,000,000 Aquifer decreasing issues compatible issues Shiely Quarry Good, but Nitrate Feasible if High Direct influence 9,200,000 impacts issues other issues of surface Boiling resolved water Springs and city coordination • Kraemer Quarry Good Good Feasible if High Direct influence 8,200,000 other issues of surface resolved water and city coordination Mpls/St. Paul Eliminated from consideration due to significant differences in nature of Interconnection water source. Bumsville Good Excellent Already High City 8,200,000 Interconnection compatible coordination Implementing the Burnsville Interconnection would provide the opportunity to develop water management approaches involving trading of water supply, thereby maintaining the ability to meet peak demand for both Cities while protecting local wetlands. This approach is discussed in detail in the analysis of the Burnsville Interconnection. Recommendations Based on the results above, we recommend a three-phased approach. Interim Solution—The City should implement a plan to increase pumping from existing Mt. Simon- Hinckley wells and to add one additional well from that aquifer in 1996. In order to limit appropriations from the PDC/Jordan aquifers to 580 million gallons per year, as required by the MN DNR, the Mt. Simon-Hinckley wells must be used for at least 40 percent of the City's average day supply. Ability to meet peak needs can be sustained by this method only through 1998. Q:\DOCS\27010_1\YMH 2 Permanent Solution, Phase I—The City of Savage should install a 12-inch interconnection with Burnsville near Heathercrest and should modify the existing 8-inch interconnection at County Road 42. By trading water supply, Savage will be able to decrease appropriations from the PDC/Jordan aquifer by 200 million gallons per year and to mothball or abandon Wells 1 and 2, while still increasing available water supply. Construction would begin in 1998. Permanent Solution, Phase Il—Install a 10-inch interconnection with Burnsville near McColl, with construction occurring in 2003. Subsequently, install a 16-inch interconnection north of Highway 101, with construction occurring in 2007. These measures would allow Savage to mothball Well 5 and reduce PDC/Jordan appropriations by 80 million gallons per year while again increasing total water supply. Detailed discussion of each of the alternatives and recommendations is provided in the attached report. Barr wishes to thank the City of Savage and all Task Force participants for providing us with the opportunity to assist with their water supply management planning. Q:\DOCS\27010_1\YMH 3 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on July 5 , 1995 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Vierling and Unseth and O'Toole. Also Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout and Secretary Menden. Motion by Vierling, seconded by Unseth that the minutes of the June 5 , 1995 regular meeting be approved as kept . Motion carried. Motion by Vierling, seconded by O'Toole that the minutes of the June 12 , 1995 adjourned regular meeting be approved as kept . Motion carried. BILLS READ: 42 ,000 .00 City of Shakopee 0 ARAMARK Refreshment Services 126.26 .000 Bauer Built Tire and Battery 5 ,503 .701 ,892 . 14 R.W. Beck 4 Border States Industries , Inc . 143 ,882 .14 CeDe Company 113 ,081 .25 25 CeDe Company 000.00 C & N.W. Transportation Co. 180 .00 City of Shakopee 1 ,582 .76 City of Shakopee 159 .7599 Communicatin Auditors 39 ,159 . 5 Cooperative Power Co. 250 . 9468 Coordinated Business Systems , Ltd. 150. 00 DCA, Inc . 2,428 . 23 Dalums Utility Equipment Co . , Inc . 314 . 408 EmED Company, Inc . 34 .48 Four Seasons Motel and Restaurant 1 0 .18 Gopher State One-Call, Inc. 1 ,619. 64 64 Graybar Electric Co. , Inc . 1 ,062 .67 Hance Cable Testing and Locating, Inc. 46 Hennens ICO 162 .32 . 444 6 2 Huntington Park Apartments 966 .82 Jerry' s Lawn Service 92 . 02 J.H. Larson Electrical Co. 32 .82 Lathrop Paint Supply Co. r Leef Bros . , Inc . 25 . 69 Minn. Dept . of Health 5,167 . 00 Minnesota Valley Electric Coop 1 ,109 . 99 Minnesota Valley Electric Coop 40 ,425 . 00 Minnesota Valley Testing Labs, Inc . 178 . 00 Mooney and Associates 322. 20 Motor Parts Service Co. , Inc . 6. 42 Northern States Power Co. 615 , 252 . 18 Northern States Power Co. 332 . 32 Parkside Printing, Inc . 2, 343 . 77 Gene Pass 70 . 31 Petersen-Wisdorf, Inc . 5,761 . 04 Plehal Blacktopping, Inc . 1,065 .00 RESCO 2,656 .00 Reynolds Welding Supply Co. 43 .84 Ribbon Recyclers , Inc. 139 . 78 Sensus Technologies, Inc . 215 . 35 Schoell and Madson, Inc . 4,373 . 31 Shakopee Public Utilities 20 . 96 Southwest Suburban Publishing 26 . 24 Starks Cleaning Services 72 . 42 T & R Service 68. 00 Total Tool 417 .45 Trio Tree Nursery and Landscaping 100. 00 United Electric Co. 36 .89 Lou Van Hout 16. 62 Lou Van Hout 1 ,823 . 57 Warning Lites of Mn 116 . 86 WESCO 7 ,907 . 24 Wild Iris 29 . 03 Yarusso' s Hardware Co. 90 . 40 Business Essentials, Inc. 85 . 17 Waste Management-Savage 78. 13 Northern States Power co . 1 ,769 .07 Shakopee Public Utilities Commission 309 .80 Keyes Well Drilling 21 ,714. 25 Motion by Vierling, seconded by O'Toole that the bills be allowed and ordered paid. Motion carried. A newletter sent to the Commission and Manager Van Hout from Jon Albinson was acknowledged. Liaison Sweeney gave the liaison report . He informed the Commission that the Capitol Improvement Plan for the City did reflect the Utilities concerns. John Baxter from Schoell and Madson was present to give a report on isotope tests done on wells 4 & 5 . A discusssion followed Mr. Baxters report . The alternatives and recommendations were discussed. The Commission would like staff to examine all alternatives and come back with its recommendations. Kevin Favaro, R .W. Beck was present for an update on the substation site acquisition. Relevant items discussed were the annexation question moving the site to the west and moving the site to the south. The timetable was also of concern. The Commission directed Mr. Favaro to begin the engineering on the specifications in preparation for the substation site acquisition. The next meeting for the township board will be held on July 18, 1995 . A request from Gregg Voxland for the Commission to consider establishing an investment custodial account for the safekeeping of securities for the Shakopee Utilities had been carried over from the 6/5/95 meeting. This would be a separate account from the City of Shakopee account . The estimated cost would be approximately $1 ,000 . 00 per year. Motion by Vierling, seconded by Unseth to agree with the concept of the custodial account and authorizing the signing of the document to begin the account based on further resolution of how the reporting will be handled. This would authorize both the beginning of the custodial account and being reported as a separate entity from the City. Motion carried. A letter from N.S .P. regarding a continuing of a facilities agreement based on 47cents per kilowatt was reported by the Manager. Motion by Vierling, seconded by Unseth to continue with Northern States Power Co. with the facilities agreement pending reviewal by the City Attorney. Motion carried. Manager Van Rout gave Jon Albinson some material for the basis of the water connection charges . The contract for the Engineering for the Central Control System was updated by the Assistant City Attorney and is now ready for signing. Manager Van Rout gave a short update on the Savage-Shiely water issues . Several options were discussed as to the forfeitures of the Flex account from 1994 . The forfeited amount will be given to a charity, with the employees deciding upon the charity. Administrative Assistant Adams is still waiting for a quote on repair of the roof. } An offer was made by the City Attorney to help update our personnel) policies . The question was put before the Commission as to when and how the personnel) policies should be updated. A quote will be obtained from DCA , Inc on updating the personnel) policies . Staff will do a little research and go back to the Commission at the next meeting. There were two fire calls for the month of June for one hour and 15 minutes. There were no lost time accidents for June, 1995 . The next regular meeting of the Shakopee Public Utilities Commission will be held on August 7 , 1995 in the Utilities meeting room. Motion by Vierling, seconded by Unseth to adjourn to July 18, 1995 at 5:00 P.M. Motion carried. 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A n ,�� H Oa U w E, n Ea' w c�04 E U n O 0 0 cW o co n D I D cooD O 0 V) a cs) d' Cl) m u m q m NCT3 ii II ro u ZZ u u a x w n w a u a ru n U w u u N N U • II u eo U u �r U 0 W II w U AS U cco oo u H W �H u • U 0Lc4 n N n it V• it• 0o q n � u , u u '.0 U N N II u • U u rI u N II • IId• n • W U • u •• AZ u o u FUGwi u co u >+ 04 k n N n u 4I u N CO U '.o u It • II U mC13 111 CV II u Pin 0 x .'>» � M n a�O, 044 ri 2 n ri XA— UEUFC q +�is U wCwno u >+ a o E-4 >4 CO H W F4 u o u U u o n U • U n o u U N N - ww II °- U VI urn u • W u Vo n • F >4 a to u CO W U vA n w II u II 11 u •o n O n E+ H E-• • u H II a' n U II W u A n ftl • u w H x C.$ U II 0 x �z U Ci. 7 SHAKOPEE August 10, 1995 Bradley Larson Scott County Highway Engineer 600 Country Trail East Jordan, MN. 55352-9339 Re: Speed limit on County Roads Dear Mr. Larson: Over the past few months there has been discussion by the City Council and the Park Advisory Board regarding the speed limit on County Roads in the City of Shakopee. The City has been experiencing increased residential development in the area between County Road 17 and County Road 15, north of the TH 101 Bypass. Due to this increased development, the City is requesting that the County consider lowering the speed limit on County Roads 17, 79 and 15 north of the TH 101 Bypass to a speed more compatible with the residential development in the area. There are also several other factors such as schools and pedestrian/bike trail crossings of the County Roads which are of concern with the current speed limit on these roadways. If the City can be of any assistance with these studies, please let me know. If you have any questions please contact me at 445-3650. Thank you in advance for your consideration of this matter. Sincerely, David M. Nummer Staff Engineer CC: City Council Park Advisory Board COMMUNITY PRIDE SINCE 1857 129hHolmes ttieettSZouth Shakopee,Minnesota 55379-1351 • 612-445-3650 FAX 612-445-6718 cps- *-3 MEMO TO: Tom Hay, Dorsey&Whitney FROM: Barry A. Stock, Assistant City Administrator Shakopee RE: Shakopee EDA TIF Questions DATE: August 11, 1995 On Tuesday,August 1, 1995 the Shakopee EDA met to discuss the possible acquisition of Blocks 3 and 4 in downtown Shakopee. In 1995 the City's Tax Increment Financing Plan provides for the use of$350,000.00 of tax increment surplus to allocate toward property acquisition. This is approximately$2 million less than the estimated acquisition/relocation costs. Over the next four(4)years, additional tax increment revenues will be generated to cover the gap in financing. On August 1, 1995 the Shakopee City Council did authorize staff to begin with the acquisition process even though we do not have adequate cash reserves on hand to complete the entire project at this time. The EDA posed the following questions for Bond Counsel to evaluate. 1. Can existing Tax Increment Funds be used for acquiring the property in question? 2. Can the City of Shakopee sell TIF Revenue Bonds at this time to cover the short term gap financing problem and repay the outstanding indebtedness with surplus Tax Increment as it is generated over the next four(4)years? 3. What is the duration for a TIF Redevelopment District? 4. When would it be most appropriate for the City to create a Redevelopment District for the property located within Blocks 3 and 4? 5. Does Bond Counsel have any other ideas on how to fund the acquisition/relocation and potential demolition costs for this project? 6. How can the dollars spent now be recaptured at a later date? 7. Given the status of the City's Tax Increment Trust Fund, would it be wise for the City to sell General Obligation TIF Bonds to cover the costs associated with this project recognizing that a developer has not been found to complete a project at this time. 8. If the City utilizes Tax Increment Funds at this time to acquire, rehabilitate and/or demolish various structures within the project area, can the City at a later date sell the property to private parties and reinvest the proceeds generated as they deem fit? 9. If a new Redevelopment District is created, what implications are placed on the City as a result of the recent TIF Legislation? (i.e. HACA reductions, LGA impact, school district impact, local contribution of funds) 10. In terms of an Economic Development District, what conditions must be met before a TIF District can be created? 11. What new implications have been placed on Economic Development Districts as a result of the new legislation? You can see by the tone of the questions that we are unsure of what can exactly be done under the new TIF statutes. We are also unsure of what financially would be the most prudent course for the City to pursue at this time in terms of financing not only this project but a variety of other potential industrial development projects in Shakopee. Please feel free to call me at 445-3650 for clarification on the issues presented herein. I would also appreciate your attendance at the August 15, 1995 meeting to discuss these issues with the Economic Development Authority. The meeting will begin at 7:00 p.m. in the Shakopee City Council Chambers. BAS/tiv- H:\word\tami\admin\hay "*y MEMO TO: Dennis R. Kraft, EDA Executive Director FROM: Barry A. Stock,Assistant City Administrator RE: Economic Development Assistance Request DATE: August 8, 1995 INTRODUCTION: Attached is a correspondence from Jack Pint, Minnesota Valley Engineering President requesting economic development assistance for a proposed industrial development project in Shakopee. BACKGROUND: The City of Shakopee's current Economic Development Assistance Policy provides for three years of pay as you go tax increment assistance to qualified industrial prospects. The proposed Minnesota Valley Engineering project meets all of the criteria as setforth in the policy. Minnesota Valley Engineering is proposing to construct an 80,000 sq. ft. corporate headquarters for their medical/manufacturing division. The Shakopee site would serve as the corporate headquarters for this operation. Currently,Minnesota Valley Engineering operates out of several different buildings in several different States. The intent of Minnesota Valley Engineering is to consolidate their operations into one facility. Upon completion,the facility will employ between 200 and 250 persons. Minnesota Valley Engineering is on a fast track process and needs ascertain whether or not economic development assistance is available in Shakopee. Minnesota Valley is looking at a second possible site in Burnsville where an existing tax increment financing district is in place. If the Shakopee EDA wishes to pursue economic development assistance for this prospect,the time factor involved in creating a new tax increment district and the subsequent tax increment financing plan amendments will need to be pursued in a relatively quick manner. Minnesota Valley Engineering would like to see this project under construction yet this Fall. The approximate time frame to create a tax increment district and complete the necessary TIF Plan amendments is 60 days. Tom Hay, Dorsey and Whitney will be present at our August 15, 1995 meeting to respond to questions regarding the formation of a new tax increment district for this project. ALTERNATIVES: 1. Direct the appropriate City officials to prepare the necessary documents to establish a tax increment financing district for the Minnesota Valley Engineering Project. 2. Table action pending further information from staff. 3. Do not offer tax increment financing assistance to the Minnesota Valley Engineering Project. 4. Establish some other type of development incentive to offer to Valley Engineering. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Direct the appropriate City officials to prepare the necessary documents to establish a tax increment financing district for the Minnesota Valley Engineering Project. 08/10/95 12:42 12612 758 8293 MVE-New Prague (a002 M 013 MINNESOTA VALLEY ENGINEERING, INC. Ph.:612-7584484 Fax:612-758.8293 407 SEVENTH STREET N.W.. P.O.BOX 234 Telex:290571 Sates Ph.:612-758-4400 NEW PRAGUE,MINNESOTA 56071-0234 Sales Fax:612-758.8252 August 9, 1995 Barry Stock City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Barry: This letter is to confirm our telephone call yesterday, August 8, 1995, in regard to land availability and any possible assistance from the City of Shakopee in relocating some of our manufacturing. As we discussed, MVE, Inc. is planning on consolidating our medical manufacturing and office facilities. Our Medical Business Unit goes by the name CAIRE. CAIRE currently has two manufacturing areas in New Prague, one manufacturing plant in Littleton, Colorado, and the CAIRE corporate office in Bloomington, Minnesota. We are planning on consolidating these all into one facility. We are currently considering Minnesota, Colorado, or South Carolina for the consolidated site. In Minnesota we are looking at locating within a 40 mile radius of the airport, preferring to stay in the southern portion. Thus, Shakopee would meet our criteria. CAIRE is a manufacturer of home care respiratory equipment which is marketed worldwide. We currently employee approximately 200 people at CAIRE, and with new products planned for late 1995 we expect this to grow by 50 to 100 in the next year. The facility we are considering locating in Minnesota would be 80,000 square feet. It would be designed with the capability to expand to 120,000 square feet. We are looking at an investment in site and building of 3 to 3.5 million dollars, not including capital equipment. 08/10/95 12:42 1,612 758 8293 MVE-New Prague fin 003 Page 2 August 9, 1995 We would like to know what assistance we could get from the City of Shakopee in tax increment financing, other financial assistance such as land acquisition and/or low interest loans, and any assistance in obtaining any state grants or other state economic development programs. Attached is some information on the products we will be manufacturing at the new facility. I will expect to hear from you after your meeting next Tuesday, August 15, 1995. Sincerely, Jack Pint Vice President, WCM MVE, Inc. J P/cd 1et0809 Attachments 4-5 TO: DENNIS R. KRAFT, EXECUTIVE DIRECTOR OF SHAKOPEE EDA FROM: BARRY STOCK, ASSISTANT CITY ADMINISTRATOR RE: BLOCKS 3 &4 ACQUISITION PROCESS DATE: AUGUST 9, 1995 INTRODUCTION In order to facilitate the property acquisition process for the parcels located within blocks 3 and 4 in Shakopee, staff would like to request that the Shakopee EDA authorize the Executive Director of the EDA to execute purchase agreements on behalf of the EDA. BACKGROUND On August 8, 1995 staff had the opportunity to meet with Conworth, Inc. and Northstar Land Service Company to discuss the acquisition process for the properties located within block 3 and 4. Conworth, Inc. was selected by the EDA to serve as the consulting firm that will facilitate the acquisition/relocation process on behalf of the EDA. In reviewing the issues surrounding this process, Conworth, Inc. officials suggested that it would be advantageous for the Shakopee EDA to delegate the authority of executing a purchase agreement to one particular individual rather that bringing each purchase offer before the entire EDA in a public meeting. Conworth officials belief that the EDA could achieve substantial financial savings if we do not have to negotiate the acquisition of each parcel in a public meeting setting. The City Attorney has commented that the process proposed by Conworth, Inc. in terms of delegating authority to execute purchase agreements is a valid and legal way of dealing with the acquisitions. Staff is recommending that the Executive Director of the EDA be authorized to execute purchase agreements on behalf of the EDA. ALTERNATIVES 1. Authorize the Executive Director of the Shakopee EDA to execute purchase agreements for parcels located within blocks 3 and 4. 2. Direct the appropriate officials to submit each purchase offer directly to the EDA for review and consideration. 3. Table action pending further information from staff. STAFF RECOMMENDATION Staff recommends Alternative#1. ACTION REQUESTED Authorize the Executive Director of the Shakopee EDA to execute purchase agreements for parcels located within blocks 3 and 4. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JULY 11, 1995 Mayor Laurent called the meeting to order at 7: 12 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Barry Stock, Assistant City Administrator; Paul Bilotta, Acting Planning Director; Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Tom Steininger, Chief of Police; Mark Huge, Fire Chief and Terry Link. Items added to the agenda: Under Executive Session) labor negotiations; and under 2 .5) Commissioner Bannerman. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Commissioner Bannerman approached the podium and stated that the Townhall Meeting for this county commissioner district will be at 7:00 P.M. , July 19, 1995 at Shakopee City Hall. It will be an update on County Government and what is happening, and Mr. Bannerman invited everyone to attend. Liaison Reports were given by Councilmembers. Mayor Laurent gave the Mayor's Report. Mayor Laurent asked if anyone present wished to speak to any item not on the agenda. Steve Morkland, 2546 County Road 42, Shakopee, representing the Shakopee Girls Basketball Association, approached the podium and presented a check in the amount of $2,000 to the City for the purchase of ,the scoreboard in the new Civic Center. Doug Bell, 6845 South 14th Avenue, Richfield, approached the podium. He referred to a letter sent to the City which he had not yet received a response to. Mayor Laurent stated that if the letter had not been responded to that it would be. Mr. Bell referred to another request in the same letter and stated that the response was not acceptable. Mayor Laurent stated that anything that is public or available by law to him, he has received. Mr. Bell was directed to put any other comments in writing. Mr. Bell continued to make comments and Mayor Laurent stated that Mr. Bell was out of order and asked him to leave. Official Proceedings of the July 11, 1995 Shakopee City Council Page -2- Items added to Consent Business: 11a) Patrol Car Replacement. Items deleted from Consent Business: lli) Audit Management Letter Follow-up and Resolution No. 4227. Sweeney/Lynch moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Lynch moved to approve the Minutes of June 6th and June 20th, 1995. (Motion carried under Consent Business) . Bill Von Bank, Chamber of Commerce, approached the podium. He gave an up-date on Derby Days and stated that the "Taste of Shakopee" will be held on August 3 , on 1st Avenue. A derby days parade will begin on Saturday at 10: 00 a.m. The Shakopee Jaycees will be sponsoring a street dance Friday night. He requested granting the Jaycees a license to sell beer at the street dance on Friday night and Saturday. Shirley Keller, Community Development Director, Shakopee Jaycees, approached the podium. She explained that the Jaycees have discussed this event with the owners of Turtles Bar and Arnie's regarding special procedures to ensure no alcoholic beverages leave their establishments. They have agreed to place staff at all building access points. To control beer sales, the Jaycees will be carding all persons as they enter the fenced in dance area. Person's 21 and older will be issued a wrist band. Beer will only be available to persons with a wrist band. There will also be a designated driver program that evening. Discussion regarding liability for the City ensued. Discussion regarding restricted areas for minors at the dance ensued. Brian Turtle, Turtle's Bar & Grill, approached the podium. He stated that Arnie's and the Pullman Club are for the license as it could determine the success of the dance and they would realize more spill-over business from the events. He expressed concern over not having a beer garden with people going in and out of the bars, that it might become a wild situation. Gary Morke, 1042 Merrifield, approached the podium. He responded to Brian Turtle's concern that this would be a wild event without the beer garden. He explained that the tone of the whole celebration of Derby Days is the celebration of community in Shakopee. Official Proceedings of the July 11, 1995 Shakopee City Council Page -3- Chief Steininger approached the podium. He stated that this is an alcohol issue and did not believe that appropriate measures have been taken to control consumption of alcohol from an enforcement stand point. Discussion regarding the assignment of additional officers ensued. Ms. Keller offered to meet with Chief Steininger to work out ` details to address potential enforcement problems. (The application for the 3 .2 beer license will be on the July 18th Council agenda. ) The meeting recessed for a brief break at 8:01 P.M. The meeting re-convened at 8: 13 P.M. The Public Hearing to amend the City code provisions relating to cigarettes and other tobacco products was opened. Karen Marty explained that anyone selling tobacco products must be licensed by the City and must follow specific requirements. The proposal is to change the restrictions on the sale of tobacco products. The first restriction would make it unlawful for any person under the age of 18 to sell, furnish, or give away tobacco. The second restriction would make it illegal for any person to offer tobacco for sale or allow it to be sold from a vending machine, except where persons under the age of 18 do not have access. The third restriction would require that all tobacco be sold from behind the counter. The licensee would be responsible for the acts of the employee and all penalties would be against the establishment in question. If there was more than one sale to a minor within a year from one establishment, the penalty would go to the establishment. For the purpose of forcing all prosecution to be under State Law, Ms. Marty recommended deleting the language that makes it unlawful to sell, furnish, or give away tobacco to a person under the age of • 18. The City code makes crimes under this section a petty misdemeanor, which is a $200 fine. If deleted, the only possible prosecution would be under State Law, which makes this a gross misdemeanor with a fine up to $2000 and jail time. Discussion regarding vending machines and minors access ensued. Discussion regarding remote control of vending machines ensued. Official Proceedings of the July 11, 1995 Shakopee City Council Page -4- The Public Hearing was opened to the Public. Bob Doble, owner Lucky 7 Gaming, approached the podium. He stated that he owns two sites in Shakopee with Cigarette Machines. He discussed a warning on the machines and the remote control issue. He stated that the person holding the cigarette license is responsible for the sale. He suggested adding to the ordinance a stipulation that the machine must be activated each time by an employee. Julie Woodruff, 7501 Eagle Creek Blvd. , approached the podium and stated that she is a registered nurse and the Scott County Coordinator for the Minnesota River Valley Tobacco Control Coalition; one of 20+ subcontractors of the Minnesota Assist Project. This is a joint project between the Minnesota Department of Health and the American Cancer Society. Ms. Woodruff stated that their goal is to reduce the accessibility of tobacco to minors and thanked the Council for the opportunity to work with them on the tobacco ordinance and Ms. Marty for drafting the Ordinance. Ms. Woodruff explained how accessible tobacco products are to minors in Shakopee by showing tobacco products purchased during the last three compliance checks; 10 out of 17 stores sold to a Minor in March, 1994 . After speaking to the retailers and explaining the Minnesota Statute against under aged tobacco sales and upcoming compliance checks, in March, 1995, 5 out of 12 retailers still sold to minors. Gus Khwice, owner of Dangerfields, approached the podium and stated that upon learning that minors were able to purchase tobacco products from his establishment he has pursued the remote controlled device for cigarettes. He stated that he believes the problem has been rectified and encouraged a compliance check to verify this. Thomas Woodruff, 7501 Eagle Creek Blvd, approached the podium and asked if there was a time delay for the remote control device. Matt Alex, 2119 Norton Drive, approached the podium and asked for support in policy changes. He stated that compliance checks, licensing fees, banning vending machines, and not allowing minors to sell to other minors are steps in the right direction. Dr. Dan Whitlock, Medical Director, St. Francis Regional Medical Center, approached the podium and explained that the use of tobacco products takes a toll on the health of people as they grow older, contributing to heart disease, birth defects, and robbing families of other members. He said that parents must be models to their children as non-smokers themselves. Official Proceedings of the July 11, 1995 Shakopee City Council Page -5- Ann Crawford, Health Promotion Coordinator, St. Francis Regional Medical Center, approached the podium and explained that in her years of experience she has seen many children affected by secondary smoke or themselves were able to get tobacco products themselves. She stated that in order to guide our children's choices, access must be limited. Ms. Crawford presented a petition from physicians from Park Nicollet and nursing staff from St. Francis supporting the ordinance. G. Ashley Post, 8579 McGuire Cir. , approached the podium and stated that he was involved in the compliance checks and that if he can purchase tobacco products anyone can. He pointed out that this does not just involve vending machines or self service racks, that if the people behind the counter sell to minors they must be punished also. He explained that this is a world wide problem but must be looked at in our own cities. Doug Norland, 799 Prairie St. , Asst. Scout Master Troop 218, approached the podium and stated that organizations like the Scouts try to set a good example and that tobacco products should be placed behind the counters where minors do not have access to them. Ross Jungers 6816 Flemming Rd. , Prior Lake, approached the podium and stated that there is a large number of minors smoking in his neighborhood, some carrying cartons. Barbara Harney, Scott County Public Health Nursing, approached the podium and stated that statistics for 9th graders show that 15% are regular users of tobacco products. 30% of all 12th graders are users. She stated that the #1 cause of death in our community is cancer. She is concerned that this is becoming the #1 cause of death for .the 25 to 45 age group. Sara Nelson, 717 Mercury Dr. , Shoreview, approached the podium and stated that in participating in compliance checks in Shoreview, she has only purchased 2 of 24 attempts. She stated that when a strict law is in place it is much more difficult for minors to purchase tobacco products. Dick Cleveland, owner Cleve ' s Super Value, Shakopee, approached the podium and stated that the retailers are not in business to sell tobacco products to minors. He suggested that the retailers work together with the City Council and the Police Department to come up with reasonable solutions. He said that retailers discussed alternatives and that by prohibiting persons under 18 to sell tobacco products would mean that some retailers would be forced to fire employees. He presented a list of proposals and copies of other City Ordinances to discuss with the City Council in the next week. Official Proceedings of the July 11, 1995 Shakopee City Council Page -6- Doug Sudenga, 828 W 5th Avenue, Mgr. Beren's Market, Shakopee, approached the podium and commented on the sting operation. He stated that all tobacco products are behind the counter but that the proposed ordinance would still have a significant impact on his store as 16 and 17 year olds are employed that do sell tobacco products. He suggested parental consent be obtained before a 16 or 17 year olds are allowed to sell tobacco products. His alternative would be to lay off all 16 and 17 year old clerks currently employed. Mark Hoffart, Mgr. Holiday Store, Shakopee, approached the podium and stated that Holiday has a training program which includes education on how to prevent tobacco sales to minors, in-store training on carding customers before selling tobacco products, and weekly compliance checks. He asked for consideration of the retailer's proposals. Pat Stieg, 4079 W 131st St. , Savage, Member of the Minnesota Tobacco Control Coalition, approached the podium and encouraged the adoption of the proposal. He explained that the best way to have healthy communities is through prevention, and that a proposal that holds people accountable to follow the State Law is necessary. Dave Edquist, Area Mgr. Super America, Shakopee, approached the podium and asked for consideration of the proposals from the retailers and to meet with City staff to discuss the alternatives. Martiqa Post, 8579 McGuire Circle, approached the podium and stated that she had just returned from Germany where the legal smoking age is 16 and there are vending machines in every building. She stated that this is not just an issue of minors selling to minors as she was recently in a liquor store and was sold cigarettes. Jamie Martinez, Community Prevention Coalition, Hennepin County, approached the podium and explained that they worked together with an Assist Project in Minneapolis to pass a similar ordinance with higher fines and fees. He stated that they will be working with other communities around the state as part of their goal. These policies are necessary, and they must be enforced both at local and State levels. Jean Huffaker, Hennepin County Community Prevention Coalition, Star of The North, approached the podium and stated that 50% of all young people start smoking before the age of 18 . She brought along the Hennepin County year 2000 goals and objectives for staff to review. Kerry Olson, 16 Haycamp Rd. , St. Paul, approached the podium and stated that St. Paul also has a very strict ordinance. In that same survey, 76. 5% of all teens admit to buying their own cigarettes. Official Proceedings of the July 11, 1995 Shakopee City Council Page -7- She discussed the tobacco industries access to youth and applauded the effort to develop a strong ordinance. The public hearing was closed. Discussion regarding vending machines and the age at which one may sell tobacco products ensued. Discussion regarding the responsibility of the offending employee who sells tobacco and enforcement action ensued. Ms. Marty stated that if it is unlawful for anyone under 18 to sell tobacco, and that person does sell, he would be subject to criminal prosecution. The penalty can also be enforced against the licensee. However, it is not always possible to pin the action on the licensee. Discussion regarding Civil Penalties ensued. Ms. Marty stated that the penalty language was set up to give as much flexibility as possible. She explained that this is an economic crime and to a business $200 is not a large fine. Therefore, the penalty for an economic crime should be higher. Discussion regarding parental consent for minors to sell tobacco products ensued. It was the consensus of staff members to review the retailer's provisions and follow up on July 18, 1995. Discussion regarding the procedure for the sale of alcohol with other items ensued. Dave Edquist, Super America, approached the podium stated that it is Super America' s policy that someone 18 years of age must ring the entire order. Sweeney/Lynch moved to table discussion on the sale of tobacco products until July 18, 1995. Motion carried unanimously. The meeting recessed for a break at 9: 30 P.M. The meeting re-convened at 9:40 P.M. Sweeney/Lynch moved to approve the continuation of the ECFE Dial-A- Ride Demonstration Project for the 1995/1996 school year. ( Motion carried under Consent Business) . Sweeney/Lynch moved to adopt Shakopee Area Transit Policy No. 25, relating to 9 passenger vans. (Motion carried under Consent Business) . Official Proceedings of the July 11, 1995 Shakopee City Council Page -8- Sweeney/Lynch offered Ordinance No. 419, an Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 12 , Subdivision Regulations (Platting) , By Repealing Sec. 12 . 08, Minor Subdivision Process, And Adopting One New Section In Lieu Thereof, Relating To The Same Subject, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City Officials to purchase a full sized 1995 Ford squad car from Superior Ford at a price of not more than $19, 500. (Motion carried under Consent Business) . Sweeney/Lynch moved to extend the 12 month time period for approval of the Preliminary Plat for Stonebrooke 2nd Addition by an additional 12 months, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to approve the applications and grand On Sale and Sunday On Sale Intoxicating Liquor Licenses to The Main Event of Shakopee, Inc. 911 East First Avenue, conditioned upon receipt of proof of liquor liability insurance coverage. (Motion carried under Consent Business) . Sweeney/Lynch moved to approve the following items as submitted by the Shakopee Derby Days Committee for the 1995 Derby Days Celebration: 1. Permission for the sale of goods on public property. 2 . Permission to utilize Public Works Maintenance Crews to assist in preparing for the celebration and to assist in clean up following the events. 3 . Permission to close certain streets during a variety of times for various events associated with the Derby Days Celebration. (Motion carried under Consent Business) . Sweeney/Lynch moved to award the Shakopee Civic Center Project Bid Packages (Nos. 7, 12, 13, 15, 17, 18, 19 and 20) to the lowest responsive bidders as noted in the summary provided by Greystone Construction Company dated June 30, 1995 and authorize the appropriate City officials to execute contract documents accordingly. (CC DOC #223) (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the hiring of an appraiser to perform an appraisal of the parcels within the Arlington Ridge development in order to calculate the Park Dedication requirement. (Motion carried under Consent Business) . Official Proceedings of the July 11, 1995 Shakopee City Council Page -9- Sweeney/Lynch moved to waive the 30 day review period for the application for exemption from lawful gambling licenses by the Shakopee Area Chamber of Commerce for August 5, 1995. (Motion carried under Consent Business) . Terry Link, President Shakopee Fire Department Relief Association, approached the podium and stated that Mr. Huge, Fire Chief, would addressed the proposed changes to the By-Laws of the Relief Association. Chief Huge explained that a change in the fiscal year to July 1st could be changed to January 1st or whatever is concurrent with the City. The meeting has typically been held on the third Monday of January, which is now a legal holiday. He suggested that if the meeting needed to be changed that it be on the 3rd Monday of December. The last sentence on Page 18 of the Bylaws was corrected to read "The Shakopee Fire Relief Association shall follow the Stanton Survey for five years effective July 1, 1996", deleting "or as deemed necessary by the Board of Trustees" . Dennis Kraft explained what the Stanton Average is and how it is used. Brekke/Lynch offered Resolution No. 4246, A Resolution Approving The By-Laws Of The Shakopee Fire Department Relief Association, and moved its adoption. Motion carried unanimously. Brekke/Sweeney offered Resolution No. 4227, A Resolution Adopting An Investment Policy And Repealing Resolution No. 2934 And Resolution No. 3552 , and moved its adoption. Motion carried unanimously. An increase in the refuse collection rates for 1996 will be discussed in conjunction with the 1996 budget. Sweeney/Brekke moved to increase the fixed asset capitalization level to $2 , 000 effective 1/1/96. Motion carried unanimously. Beard/Sweeney moved to remove discussion on the temporary access road to the boat ramp from Bluff Avenue from the table. Motion carried unanimously. Bruce Loney approached the podium and discussed alternatives for an east side boat ramp access. He explained that the Bluff Avenue entrance has more advantages such as a flatter slope and more overhead clearance than Filmore Street. Mr. Loney recommended leaving Bluff Avenue open and to cut down on the traffic by installing signs indicating access only to the boat ramp. Don Wagner, 519 E. 1st Avenue, approached the podium and discussed a traffic and speed issue in the alley. Official Proceedings of the July 11, 1995 Shakopee City Council Page -10- Fred Wagner, 120 N. Main Street, approached the podium and discussed concerns about the overhead alley clearance, whether the road is necessary, where it should be put, whether or not to gate the road, and if so how. He explained that with the road opened from the east end to the west end a mini by-pass has been created. He explained that originally this was intended to be a temporary access because of the mini by-pass and discussed possible solutions. Trish Goldberg, 127 N. Main, approached the podium and stated concerns about children's safety. She stated that if the road was opened up temporarily, that it should now be closed. Discussion regarding the necessity for access to the boat ramp from both the east and west ensued. Discussion as to whether or not Bluff Avenue is a temporary road ensued. Karen Marty suggested tabling discussion on closing Bluff Avenue in order to research further liability issues for the City. Beard/Brekke moved to table discussion on closing the Bluff Avenue access to the boat ramp. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City Officials to execute the Consent of Utility Holder document (for Metropolitan Council for the construction of the Chaska Interceptor) . (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize a change order to the Civic Center Project in the amount of $24, 088.00 for grading of Fuller Street. (Motion carried under Consent Business) . • Sweeney/Lynch moved to approve bills in the amount of $326, 265. 63 . (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4220, A Resolution Of The City Of Shakopee, Minnesota, Regarding Participation In The Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4248, A Resolution Of The City Of Shakopee, Minnesota, Authorizing Execution Of Agreement To Participate In The Safe & Sober Communities Project, and moved its adoption. (Motion carried under Consent Business) . Official Proceedings of the July 11, 1995 Shakopee City Council Page -11- Sweeney/Lynch offered Resolution No. 4243 , A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans And Specifications For The River District Trunk Sewer Rehabilitation Project No. 1995-9, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4244, A Resolution Amending The Special Assessment Policy, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4245, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For A Street Light At The Intersection Of Valley Park Drive And Valley Industrial Boulevard South Project No. 1995-4 , and moved its adoption. (Motion carried under Consent Business) . Lynch/Beard moved to approve Resolution No. 4249, A Resolution Of The City Of Shakopee, Minnesota, Calling A Special Election To Fill A Vacancy In Office on November 2, 1995, and moved its adoption. Judith Cox explained that the ballots must be canvassed within 48 hours of the election. Since November 7th is also a regular Council Meeting she asked if Council wanted to hold the regular meeting on Wednesday or to have the regular meeting Tuesday evening and meet during the day on Wednesday or Thursday to canvas the ballots. It was the consensus of Councilmembers to .hold the regular meeting on Wednesday, November 8th as opposed to Tuesday, November 7th. Brekke/Beard moved to adopt the resolution as drafted, inserting November 8th, 1995 as the date to canvas the ballots. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 4247, A Resolution Relating To Minnesota River Valley Redevelopment Project No. 1; Calling For A Public Hearing On The Adoption Of A Modification To The Redevelopment Plan For The Project, And The Modification Of The Tax Increment Financing Plans For Tax Increment Financing Districts No. 2 , 3, 4, 7 and 9, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4251, A Resolution Accepting Work On The Underground Fuel Storage Tank Removal And Replacement Project, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4252 , A Resolution Amending Resolution 4136 Adopting The 1995 Budget, and moved its adoption. (Motion carried under Consent Business) . Official Proceedings of the July 11, 1995 Shakopee City Council Page -12- Mayor Laurent recessed the meeting for an executive session at 10:32 P.M. to discuss labor negotiations and matters covered under attorney-client privilege. Mayor Laurent re-convened the meeting at 11:03 P.M. and stated that no action was taken during the executive session. He stated that it would be appropriate now to take action on item 12g, Res. No. 4250. Sweeney/Lynch offered Resolution No. 4250, A Resolution Of The City Of Shakopee, Minnesota, Commenting further In Opposition To 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. Karen Marty read the amendments added to the draft resolution as follows; WHEREAS, the City now has reviewed the application to place the land into trust, WHEREAS, the application fails to show that additional land is needed in trust, WHEREAS, a lack of development plans show that approval of the application would be premature, WHEREAS, the City now desires to comment on these issues. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council continues to strenuously oppose the placement .of the 580 acre parcel into trust status. The application for trust status does not show a need for the land in trust, nor provides sufficient information for the City to adequately comment on potential conflicts in land use and jurisdictional conflicts. The application is premature and should be denied. Motion carried unanimously on the resolution as amended. Sweeney/Brekke moved to authorize the Mayor to execute the July 11, 1995, comment letter being filed with the Bureau of Indian Affairs, United States Department of Interior in support of Resolution No. 4250. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, July 18, 1995 at 7 : 00 P.M. The meeting was adjourned at 11:05 P.M. D twg Ju ith S. Cox, City Clerk Esther TenEyck, Recording Secretary J OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA JULY 18, 1995 Mayor Laurent called the meeting to order at 7: 00 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Paul Bilotta, Planning Director; Bruce Loney, Public Works Director/City Engineer; and Judith S. Cox, City Clerk. Items added to the agenda: 13a) Request to waive a fee by the KC's, 13b) Sentencing To Service Program Discussion, 14) and matters covered under attorney client privilege. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to speak to any item not on the agenda. Kelly Dankers, MS Society, Charitable Gaming at Rock Springs, approached the podium and presented the City with a check for $2,000 to help in making the ramp at the stadium grandstand handicap accessible. Items added to Consent Business: lld) Temporary Access Road to Boat Ramp from Bluff Avenue. 11g) Authorize Consultant Design Services for Box Culvert for Vierling Dr. from CR-79 to CR-77, 1995-6. 13c) Recommending the appointment of Paul Bilotta to the Livable Communities Act Advisory Committee. Items removed from Consent Business: 12b) Resolution of Special Commendation to Judith S. Cox. Sweeney/Brekke moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Brekke moved to approve the Minutes of June 26, 1995. (Motion carried under Consent Business) . Brian Norris, Shakopee Lion's Club, approached the podium and presented the City with a check for $10,000 for future improvements at Lion's Park. Sweeney/Beard moved to remove from the table the request of Norman Denstedt to sign a waiver for the P & V Addition improvements, tabled 6/6/95. Motion carried unanimously. Official Proceedings of the July 18, 1995 Shakopee City Council Page -2- Sweeney/Beard moved to direct staff to allow Mr. Denstedt to sign a waiver on the proposed improvements to the P & V Additions (Lot 4, Block 2 , P & V 2nd Addition) . Discussion regarding the basis for determining the approximate amount of the P & V Additions and benefit ensued. Motion carried unanimously. Cncl. Sweeney stated that there is one home owner remaining in the P & V Addition who has not signed a waiver. Sweeney/Lynch moved that staff be allowed without further discussion, if the other home owner in the P & V Additions decides to file a waiver, to accept it. Motion carried unanimously. Sweeney/Brekke offered Ordinance No. - 420, An Ordinance Of The City of Shakopee, Minnesota, Amending City Code Chapter 11, Zoning, Sec. 11.87, Conditional Use Permit Standards For Business Zones, By Repealing Subd. 2 .S, Gas Stations, and Adopting One New Subdivision In Lieu Thereof, Relating To The Same Subject, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Brekke Offered Ordinance No. 421, An Ordinance Of The City Of Shakopee, Minnesota, Amending the Zoning Map to Rezone The Current R-2 Zones North of 5th Avenue and South of Second Avenue Between Harrison Street and Marschall Road, From Medium Density Residential (R-2) to Old Shakopee Residential (R-1C) and Multiple- Family Residential (R-3) , and moved its adoption. (Motion carried under Consent Business) . Sweeney/Brekke offered Ordinance No. 422, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map To Rezone A 4.07 Acre Site• Located At 1760 4th Avenue East From Multiple-Family Residential (R-3) To Highway Business (B-1) , and moved its adoption. (Motion carried under Consent Business) . Sweeney/Brekke offered Ordinance No. 423, An Ordinance Of The City Of Shakopee, Minnesota, Amending The City Code By Adopting A Zoning Map For An Area Generally Described As North of County Road 16, South of 4th Avenue, East of Sarazin Street (Extended) , and West of County Road 83 , and moved its adoption. (Motion carried under Consent Business) . Beard/Brekke moved to remove the discussion on the tobacco regulations from the table. Motion carried unanimously. Karen Marty stated that sample ordinances from other communities have been received and she had met with representatives of the retailers. Based on the comments from that meeting she put together possible language for consideration by Council. Official Proceedings of the July 18, 1995 Shakopee City Council Page -3- For sales by minors the proposal is to allow minors to sell tobacco products with written parental consent. For vending machines the proposal is to allow vending machines when equipped with an electronic or locking device that must be activated by an employee for each sale, and must be within 25 feet and in plain view of the employee. For self-service merchandising cigarette cartons would be allowed in a clear display rack with an alarm to the clerk. Other single packaged tobacco products must be sold from behind or above the check out counter in plain view and only accessible by the clerk. Suggested additional provisions included the licensee posting signs indicating that shoplifters will be prosecuted, and that each year licensees must certify that its clerks have been trained regarding the State Law prohibiting sales to minors, and how to request identification of persons attempting to purchase tobacco products. The retailers did not care for the penalty provisions and indicated that a requirement of a suspension and/or fine for a first or second offense would result in some persons being put out of the business of selling tobacco products. They recommended a Civil Penalty of up to $200 first offense and $400 second offense, with a maximum suspension of seven days for subsequent offenses along with the Minnesota Civil Penalty of $700. Sweeney/Beard moved to substitute paragraph B. in the memo relating to written parental consent for Section 1, Subdivision 4, Paragraph B in the Ordinance as originally drafted. Discussion , regarding limitations of employment opportunities ensued. Brekke/Lynch moved to amend the motion by striking the phrase "unless a person has obtained written consent from his or her parents" . Brekke/Lynch moved a friendly amendment to strike the passage and change from 18 to 16 making it unlawful for any person under the age of "16" to sell, furnish, or give away any tobacco without parental consent. Discussion ensued as to whether or not parental consent should be required. The amendment failed unanimously. Main motion to require written consent for persons under the age of 18 to sell, furnish, or give away any tobacco was carried with Cncl. Brekke dissenting. Official Proceedings of the July 18, 1995 Shakopee City Council Page -4- Lynch/Brekke moved that no person shall offer tobacco for sale or allow it to be sold by or from a vending machine except in an area within . a factory, business, office, or other place not open to the general public or to which persons under age 18 are not generally permitted access. Discussion ensued as to whether the bar area of a restaurant is considered a place generally not open to persons under age 18. Motion carried with Mayor Laurent dissenting. Beard/Sweeney moved Subdivision 6, A and B of the memo: A. Cigarette Cartons. Cigarette cartons may be sold from a display rack equipped with clear shields, when the removal of each carton triggers an alarm or chime which is clearly audible to a clerk. The display rack must be in plain view of a clerk. B. Other Tobacco. Other tobacco products may be sold from a display rack located on top of, above, or behind the check-out counter. The display rack must be in plain view of a clerk and the tobacco products accessible only by the clerk or in plain view of the clerk. Discussion regarding display racks ensued. Sweeney/Lynch moved to amend the motion, .deleting the last seven words, "or in plain view of the clerk" of 6.B. Motion carried unanimously. Dave Edquist, Area Manager, Super America, approached the podium and described the shielded area of the display racks they use and explained that only one carton or pack of cigarettes is available at a time.. Lynch/Beard moved that "may be sold" be corrected to "can only be sold" in Subd 6.A. and 6.B. or to the appropriate legal language. Motion failed unanimously. Brekke/Sweeney moved to strike Subdivision 6.B. Motion carried with Cncl. Beard and Lynch dissenting. The main motion as amended (to include 6.A. only) carried unanimously. Sweeney/Beard moved to direct staff to incorporate into Subdivision 7 of the original draft ordinance on Responsibility, language regarding posting signs and training. Motion carried unanimously. Official Proceedings of the July 18, 1995 Shakopee City Council Page -5- Lynch/Brekke moved to incorporate the language in the Ordinance as originally drafted under Subdivision 8, Civil Penalties A, B, C, D, and E. Discussion as to the number of days a license should be suspended ensued. Brekke/Beard moved to amend Subdivision 8.B. to a suspension of 10 days, and Subdivision 8.C. to 20 days. Motion carried with Cncl. Sweeney and Lynch dissenting. Discussion as to what initiates a hearing ensued. Motion carried unanimously on main motion as amended. Discussion regarding the effective date of the ordinance ensued. Dave Edquist approached the podium and stated concerns for other stores regarding the amount of time needed to be in compliance. Steve Grehsam, Holiday Station Store, approached the podium and stated that 30 days would be an acceptable amount of time. Sweeney/Beard moved that the ordinance become effective from and after 30 days after its passage and publication. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 414, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 6, Other Business Regulation And Licensing, By Repealing Sec. 6.23, Tobacco, And Adopting One New Section In Lieu Thereof, Relating To The Same Subject, as amended, and moved its adoption. Motion carried unanimously. Beard/Lynch offered Resolution No. 4242, A Resolution Amending Resolution No. 4143, Adopting The 1995 Fee Schedule, and moved its adoption. Motion carried unanimously. Discussion ensued as to whether compliance checks will continue and how the ordinance will be enforced. Jamie Martinez, Community Prevention Coalition, Hennepin County, approached the podium. He suggested including compliance checks in the ordinance to be sure that enforcement continues. Paul Bilotta stated that topographical information for all mining is required for all areas within 500 feet of the site. Fischer Aggregates, Inc. has requested this distance be reduced to 100 feet from the site. The recommendation is to require a minimum of 100 feet but to allow the City Engineer to require additional information where neighboring properties are impacted. Official Proceedings of the July 18, 1995 Shakopee City Council Page -6- Sweeney/Brekke offered the text amendment to Section 11.88, Subd. 2 (S. 3) as proposed. Discussion as to the amount of time put into drafting the zoning ordinance ensued. John Voss, Planning Consultant for Fischer Aggregates, Inc. , approached the podium. He referred to a section applying to the industrial area which they had failed to look at. He stated that this is the most burdensome in having to go out 500 feet and discussed the cost of collecting topographical information. He stated that they do not feel that going 400 feet beyond County Road 83 serves a purpose, and would be very expensive. Discussion as to how this would serve the City staff ensued. Discussion as to the amount of feet necessary and discretion of the City Engineer ensued. Karen Marty suggested tabling further discussion to allow staff to develop criteria for making decisions. Sweeney/Lynch moved to amend the motion and to direct staff to prepare a zoning ordinance text amendment (Section 11.88, Subd. 2 (S.3 . ) by changing 500 feet to 1000 feet, and directing the City Attorney to prepare language that is appropriate for determining the criteria that the City Engineer will apply. Motion carried unanimously. Motion carried unanimously on main motion as amended. John Albinson, 5240 Valley Industrial Blvd. , approached the podium and stated concerns as a property owner and as a member of the Zoning Ordinance Redraft Committee. He stated that it may be good public policy to have the ordinance the way it is. He explained that this is an economic issue for Fischer Aggregates but that it should not effect decisions on variances. He suggested reconsidering the vote and leave the ordinance as it is. Dennis Kraft stated that the Police Department was awarded a COPS FAST grant which will fund up to 75% of the cost of an officer for three years, with a maximum of $75, 000. The necessary testing has been conducted, an eligible list for the position established, and the names of the three candidates with the highest standing have been certified. The list expires June 29, 1997 . The recommendation is to hire James Englin at a rate of $2,463/mo. subject to the required testing and a 12 month probation period. Official Proceedings of the July 18, 1995 Shakopee City Council Page -7- Brekke/Sweeney moved to authorize the hiring of James Englin as a police officer with the Shakopee Police Department at a monthly rate of $2,463 subject to the satisfactory completion of pre- employment medical, physical and psychological testing and the customary 12 month probation period. A brief recess was taken between 9:00 P.M. and 9:05 P.M. A discussion regarding protected classes and diversity ensued. Motion carried with Cncl. Sweeney and Lynch dissenting. Brekke/Lynch moved to direct staff to brainstorm and research ways to build contacts with members of protected classes, women and minorities interested in pursuing careers in Law Enforcement. Discussion followed. Motion carried with Cncl. Beard dissenting. Paul Bilotta stated that the Knights of Columbus have requested that the $200 fee for rezoning property be waived by City Council. Sweeney/Lynch moved to waive the $200 rezoning fee for the Knights of Columbus. Discussion ensued on conforming and non-conforming uses and on how often fees are waived. Discussion regarding spot rezoning ensued. Harry Weinandt, 1259 Maxine Circle, approached the podium on behalf of the Shakopee Knights of Columbus. He stated that when the building was originally built it was not in compliance and has never been in compliance. He thanked the Council for recently rezoning the property to B-i and asked that the fee be waived. Motion failed unanimously. Sweeney/Beard moved to support the action of the Planning Commission, to deny the request (of Larry Schlasinger and Eugene Chessen for 26. 1 acres bordering Lake O'Dowd) to rezone the site from Agricultural (AG) to Rural Residential (RR) , because it would be in conflict with the Comprehensive Plan, the Chaska Interceptor Agreement, and the Metropolitan Council 's rural density policy. Motion carried unanimously. Due to a conflict of interest, Mayor Laurent abstained from discussion relating to the Final Plat for Orchard Park First Addition. Official Proceedings of the July 18, 1995 Shakopee City Council Page -8- Beard/Lynch moved to approve the Final Plat for Orchard Park First Addition, subject to conditions with a sidewalk or trail requirement along CR 77, and direct staff to modify the sidewalk/trail plan to show a crossing at the County Road 77 bridge. Discussion regarding the sidewalk/trail plan ensued. Motion carried unanimously with Mayor Laurent abstaining. Beard/Brekke offered Resolution No. 4253, A Resolution of the City Of Shakopee, Minnesota, Approving the Final Plat of Orchard Park First Addition, including condition #8 for a sidewalk and/or trail along the east side of CR-77, and moved its adoption. Motion carried unanimously with Mayor Laurent abstaining. Sweeney/Brekke moved to approve the application and grant a temporary non-intoxicating malt liquor license to the Shakopee Jaycees Inc. , within the First Avenue right-of-way between Holmes Street and Lewis Street for August 4th and 5th, 1995. (Motion carried under Consent Business) . Sweeney/Brekke moved to authorize City officials to execute a contract by and between the City of Shakopee and Northland Mechanical in the amount of $762,753 for the mechanical systems work at the Shakopee Civic Center Project. (Motion carried under Consent Business) . Sweeney/Brekke moved to take the temporary access road to the boat ramp from Bluff Avenue off of the table. (Motion carried under Consent Business) . Sweeney/Brekke moved to table the temporary access road to the boat ramp from 'Bluff Avenue. (Motion carried under Consent Business) . Sweeney/Brekke moved to authorize the appropriate City officials to execute a contract by and between the City of Shakopee and Northland Mechanical in the amount of $762,753 for the mechanical systems work at the Shakopee Civic Center Project. (Bid Package #11) (Motion carried under Consent Business) . Sweeney/Brekke moved to authorize the appropriate City officials to execute a contract with Becker Arena Products in the amount of $99, 617 for the dasher board system associated with the Shakopee Civic Center Project. (RFP #2) (Motion carried under Consent Business) . Sweeney/Brekke moved to authorize staff to utilize Orr-Schelen- Mayeron & Assoc. , Inc. on the box culvert and headwall design for Vierling Drive from C.R. 79 to C.R. 77, Project No. 1995-6 (cost not to exceed $4, 000) . Motion carried under Consent Business) . Official Proceedings of the July 18, 1995 Shakopee City Council Page -9- Sweeney/Brekke offered Resolution No. 4257, A Resolution Amending Resolution NO. 4149, Adopting The 1995 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee. (Motion carried under Consent Business) . Sweeney/Brekke moved to appoint Amy Wicklund to fill the temporary Code Enforcement Officer position at a rate of %$8. 57 per hour. (Motion carried under Consent Business) . Sweeney/Brekke moved to approve Bills in the amount of $772, 565.94 (of which $221,757. 50 is debt service payments) . (Motion carried under Consent Business) . Sweeney/Brekke moved to authorize the appropriate City officials to execute a contract with Twin City Wire - MFI, Inc. in the amount of $195, 185 for the metal fabrication work associated with the Shakopee Civic Center Project. (Bid Package #9) (Motion carried under Consent Business) . Sweeney/Brekke offered Resolution No. 4258, A Resolution Of The City Of Shakopee, Minnesota, Setting The Public Hearing Date To Consider The Vacation Of A Drainage And Utility Easement Located Along The Lot Line Between Lot 2 And Lot 3, Block 1, Valley Park 6th Addition, and moved its adoption. (Motion carried under Consent Business) . Beard/Lynch thanked Ms. Cox for 25 years of service and offered Resolution No. 4259, A Resolution Of Special Commendation To Judith S. Cox, and moved its adoption. Motion carried unanimously. Sweeney/Brekke offered Resolution No. 4254, A Resolution Of The City Of Shakopee, Minnesota, Approving Plans And Specifications And Ordering Advertisement For Bids For Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Brekke offered Resolution NO. 4255, A Resolution Of The City Of Shakopee, Minnesota, Approving Plans And Specifications And Ordering Advertisement For Bids For The 1995 Crack Sealing And Seal Coating Programs Project No. 1995-10, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Brekke offered Resolution No. 4260, A Resolution Of The City Of Shakopee, Minnesota, Approving Plans And Specifications And Accepting Quotes On The Alley In Block 51, Original Shakopee Plat And On Pierce Street, From 3rd Avenue To 4th Avenue Project No. 's 1994-14 and 1994-5, and moved its adoption. (Motion carried under Consent Business) . Official Proceedings of the July 18, 1995 Shakopee City Council Page -10- Dennis Kraft stated that there are five communities in Scott County participating in the Sentencing to Service program and paying $4850.00 per year. He explained that there is a crew chief who is an employee of the Dept. of Corrections and regulates their work, and a crew of about six. He said that he believed Shakopee could benefit from a program such as this. Sweeney/Brekke moved to direct staff to prepare the budget amendment that would allow Shakopee to participate in the Sentencing To Service program at an amount of $4850.00 Motion carried unanimously. Sweeney/Brekke moved to recommend that Paul Bilotta be appointed to be part of the Livable Communities Act Advisory Committee. (Motion carried under Consent Business) . Having no other business to come before the City Council, Mayor Laurent recessed at 9:42 P.M. for an executive session for the purpose of discussing labor negotiations and matters covered under attorney-client privilege. Mayor Laurent re-convened themeeting at 10:30 P.M. and stated that no action was taken during the executive session. Mayor Laurent adjourned the meeting at 10:31 P.M. 8 k.,, (� Judith S. Cox City Clerk Esther TenEyck Recording Secretary / /cu MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Shakopee Tax Increment Financing Plan and Redevelopment Plan Amendments -Public Hearing - Resolution No. 4273 DATE: August 7, 1995 INTRODUCTION: On July 11, 1995,the Shakopee EDA requested the Shakopee City Council to approve a modification to the Redevelopment Plan for the Minnesota River Valley Project No. 1 and modifications to the Tax Increment Financing Plans for Tax Increment Districts No. 2, 3, 4, 7 & 9. A public hearing was subsequently scheduled by the City Council for August 15, 1995 with respect to the proposed modifications. BACKGROUND: On August 3, 1995 the Shakopee Planning Commission reviewed the proposed modifications to determine if they were consistent with the City's Comprehensive Plan. Upon review of the proposed modifications,the Planning Commission determined that they were indeed consistent with the City's Comprehensive Plan. Shown in attachment#1 are the proposed modifications to the Redevelopment Plan and the modifications to the Tax Increment Financing Plan. The amendments to the Redevelopment Plan and Financing Plan primarily consist of a more accurate determination of estimated project costs. The Rahr Malting forcemairi sewer was also added to the Redevelopment Plan as a project. No expansions to the project area are being proposed at this time. Additionally,the proposed modifications will have no new impact on any of the taxing jurisdictions. Consistent with the State Statute, on July 14, 1995 the Shakopee School District and Scott County received notification of tonight's public hearing. They also received notice of the estimated fiscal and economic impact of the proposed modifications. Since the proposed amendments do not involve the generation of any new retained captured tax capacity value or tax increment,there is no fiscal and economic impact on other taxing jurisdictions within the City. To date,the City has not received any comments from either the School District or Scott County. Shown in attachment#2 is Resolution No. 4273. The resolution approves the modifications to the Redevelopment Plan and Tax Increment Financing Plan for Tax Increment Financing Districts No. 2, 3, 4, 7& 9. Staff is recommending approval of said resolution. ALTERNATIVES: 1. Offer Resolution No. 4273 and move its adoption. 2. Table action pending further information from staff. 3. Do not approve Resolution No. 4273 STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Resolution No. 4273, a resolution of the City of Shakopee approving modification of Redevelopment Plan for Minnesota River Valley Redevelopment Project No. 1, and approving modification of Tax Increment Financing Plans for Tax Increment Financing Districts No. 2, 3, 4, 7 & 9. ATTACHMENT # 1 SECTION XII ximmargp MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND APPROVING MODIFICATIONS OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 2 , 3 ,4 ,7 AND 9 1. Section entitled: Municipal Action Taken Add: August15:, 1995: The Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 was modified by the City Council to change the cost figures for several projects, add certain projects, delete certain projects, and update expenditures made to January 1, 1995; and to amend the Tax Increment Financing Plans included in the Redevelopment 2. Table of Contents: Add on page (v) at the end: Reference to new Exhibit I-H (Ruhr Malting Force Main Sewer) 3. Subsection 1.7: Estimated Public Improvement Costs and Supportive Data. Delete previous material added at the end of Subsection 1.7 by Article XI adopted May 5, 1994 and substitute the following: The following described public improvements the location of which is shown on Exhibit I-F: Shakopee Community Center Project (Exhibit I-F, Site A) Public Redevelopment Costs: 1. Land Acquisition - $350,000.00 City Utilized Cap. Impr. Fund to acquire in 1993 2. Civic Center Building Construction - $4,798,000.00 3. Site Preparation a. Grading - $239,000.00 b. Utilities (Sewer, Water, Electric etc.) - $170,000.00 c. Parking Lot - $193,000.00 d. Athletic Fields and Open Space - $100,000 Shakopee Trail Improvement Project (Exhibit I-F, Site C) Upper Valley Trail Extension Project - $250,000 Trapah Park Improvement Project (Exhibit I-F, Site D) 1. Grandstand Improvement Project - $50,000.00 2. Grandstand Concession/Restrooms - $100,000.00 3. Parking Lot Expansion and Repairs - $100,000.00 4. Trapah Park Expansion and Development - $130,000.00 Sanitary Sewer Interceptor (Exhibit I-G) - $950,000 Rahr Malting Force Main (Exhibit I-H) - $304,765 Downtown Redevelopment: 1. Land Acquisition - $1,400,000 2. Demolition - $250,000 3. Relocation - $250,000 4. Public Improvements - $100,000 5. Administration - $50,000 6. Alley Reconstruction/Underground Electric - $500,000 The above-described improvements will be financed by a combination of general obligation bonds, general obligation improvement bonds, tax increment bonds or tax increments, and special assessments and connection charges. Set forth below is a summary of all public and private projects within the Project Area with respect to which public redevelopments costs have been or are expected to be incurred, the amount expended as of June 1, 1995, and the amount remaining to be expended: - 2 - ATTACHMENT #11 SECTION XII Atiiiggfiffxl2 MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND APPROVING MODIFICATIONS OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 2 ,3 ,4 ,7 AND 9 1. Section entitled: Municipal Action Taken Add: August15:, 1995: The Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 was modified by the City Council to change the cost figures for several projects, add certain projects, delete certain projects, and update expenditures made to January 1, 1995; and to amend the Tax Increment Financing Plans included in the Redevelopment _,Flan. 2. Table of Contents: Add on page (v) at the end: Reference to new Exhibit I-H (Ruhr Malting Force Main Sewer) 3. Subsection 1.7: Estimated Public Improvement Costs and Supportive Data. Delete previous material added at the end of Subsection 1.7 by Article XI adopted May 5, 1994 and substitute the following: The following described public improvements the location of which is shown on Exhibit I-F: Shakopee Community Center Project (Exhibit I-F, Site A) Public Redevelopment Costs: 1. Land Acquisition - $350,000.00 City Utilized Cap. Impr. Fund to acquire in 1993 2. Civic Center Building Construction - $4,798,000.00 3. Site Preparation a. Grading - $239,000.00 b. Utilities (Sewer, Water, Electric etc.) - $170,000.00 c. Parking Lot -$193,000.00 d. Athletic Fields and Open Space - $100,000 Future Total Project Costs Expended Costs Costs Land Acquisition/Writedown K-Mart $1,139,468 S S1,139,468 Highrise 126,550 126,550 Canterbury 3,300,000 3,300,000 FMG 459,680 604,418 1,064,098 Block 3 & 4 1,400,000 1,400,000 Subtotal 5,025,698 2,004,418 7,030,116 Site Improvements K-Mart 1,766,737 1,766,737 MEBCO 157,984 17,984 FMG 220,787 220,787 Block 3&4 250,000 250,000 Subtotal 2,145,508 250,000 2,395,508 Public Improvements _ K-Mart 1,837,405 1,837,405 Highrise Offsite 187,484 187,484 Canterbury Offsite 2,916,914 2,916,914 Downtown Streetscape I 2,774,959 2,774,959 South Bypass 1,003,786 20,000 1,023,786 169 Bridge/junction. 1,942,931 1,942,931 Storm Drainage 5,313,714 160,000 5,473,714 MEBCO 86 86 FMG 88,497 319,982 408,479 Downtown Streetscape II 341,200 80,000 421,200 Civic Center 42,997 5,457,003 5,500,000 Rahr Force Main 304,765 304,765 Downtown Alleys 500,000 500,000 Block 3 & 4 100,000 100,000 Chaska Interceptor 950,000 950,000 Park Improvements 630,000 630,000 ' Subtotal 16,449,973 8521,750 24,971,723 -3 - Administrative Costs Debt Service 520,833 11,500 532,333 Downtown 110,819 110,819 169 Bridge/junction 2,314 2,314 HRA/EDA 210,580 82,265 292,845 City 439,000 439,000 FMG 59,881 59,881 Block 3 & 4 100,000 100,000 Block 3 & 4 Relocation 400,000 400,000 Subtotal 1,343,427 593,765 1,937,192 Total Project Costs $24.964.606 $11.369.933 $36334539 4. EXHIBIT XI-A: Delete Exhibit XI-A added by Article XI adopted May 5, 1994 and substitute the following: EXHIBIT XI-A A. Projected Cost Total $36,334,539 Prey. Exp. 24,964,606 To be Exp. 11,369,933 B. Indebtedness Total Issued $34,185,000 Amount Outstanding 5,715,000 Amount to be Issued 3,500,000 Types of Indebtedness GO Tax Increment $25,045,000 Tax Increment Revenue 12,640,000 C Financing - Other Sources By Source Tax Increment $40,837,250 Sp. Assessment 203,972 Real Estate Sales 1,159,468 State Aid 579,983 Interest Income 7,227,743 -4- Future Total Project Costs DspritLCosts Costs Land Acquisition/Writedown K-Mart $1,139,468 $ $1,139,468 Highrise 126,550 126,550 Canterbury 3,300,000 3,300,000 FMG 459,680 604,418 1,064,098 Block 3 & 4 1,400,000 1,400,000 Subtotal 5,025,698 2,004,418 7,030,116 Site Improvements K-Mart 1,766,737 1,766,737 MEBCO 157,984 157,984 FMG 220,787 220,787 Block 3&4 250,000 250,000 Subtotal 2,145,508 250,000 2,395,508 Public Improvements K-Mart 1,837,405 1,837,405 Highrise Offsite 187,484 187,484 Canterbury Offsite 2,916,914 2,916,914 Downtown Streetscape I 2,774,959 2,774,959 South Bypass 1,003,786 20,000 1,023,786 169 Bridge/junction 1,942,931 1,942,931 Storm Drainage 5,313,714 160,000 5,473,714 MEBCO 86 86 FMG 88,497 319,982 408,479 Downtown Streetscape II 341,200 80,000 421,200 Civic Center 42,997 5,457,003 5,500,000 - Rahr Force Main 304,765 304,765 Downtown Alleys 500,000 500,000 Block 3 & 4 100,000 100,000 Chaska Interceptor 950,000 950,000 Park Improvements 630,000 630,000 Subtotal 16,449,973 8,521,750 24,971,723 -3 - D. Net Tax Capacity Original TIF #2 $ 194 TIF #3 9,980 TIF #4 7,343 TIF #7 1,479 TIF #9 543 Most Recent (captured) TIF #2 $ 33,678 TIF #3 26,908 TIF #4 177,053 TIF #7 38,058 TIF #9 375,062 -- At Completion TIF #2 $ 33,678 TIF #3 26,908 TIE #4 177,053 TIP #7 38,058 TIF #9 375,062 - 5 - E. District Termination Date TIF #2 2004 TIF #3 2002 TIF #4 1994 TIF #7 1998 TIF #9 1999 -6 - E. District Termination Date TIF #2 2004 TIF #3 2002 TIF #4 1994 TIF #7 1998 TIF #9 1999 - 6 - • Defeased Economically P_eht T42e Issued ai Defeased Outstanding Purpose K-Mart 5.3 SD 5,300,000 5,300,000 0 Land acquisition, site improvements,water system &road improvements K-Mart 3.14 SORF 3,140,000 3,140,000 0 Refund 5.3M issue DS Offsite 2.49 GO 2,490,000 2,490,000 0 Road improvements around Track DS 86A Ref GORF 2,105,000 2,105,000 0 Refund 2.49M issue DS 86A GO 500,000 500,000 0 Motel land and street improvements-(used for MEBCO) DS 86B 'GO 1,645,000 585,000 940,000 120,000 Holmes storm drainage, parking lot and 169 bridge EAS DS 87A GO 2,660,000 2,260,000 400,000 Downtown Streetscape and railroad crossings DS 87B GO 1,600,000 1,600,000 0 Upper Valley Drainage and MiniBypass DS Highrise GO 370,000 . 370,000 0 Land acquisition,water system and road improvements DS 88B GO 1,015,000 325,000 690,000 South Bypass DS 89A GO 3,600,000 770,000 2,590,000 240,000 Upper Valley Drainage and 169 Bridge DS 92B GORF 1,885,000 1,885,000 Refund 1986A and 1986B GOTIF Track 4.2 SD 4,200,000 4,200,000 0 Land acquisition-Track DS 93A Ref GORF 2,675,000 2,675,000 Refund 1989A GO TIF Bonds DS 93C Ref GORF 1,000,000 1,000,000 Refund 3.14M SO issue 34.185.000 23.645.000 x.530.000 7.010.000 - 7- ATTACH EXHIBITS IE IF IG IH AS PER TEXT t -8- ATTACH EXHIBITS IE IF IG IH AS PER TEXT -8 - 1144achmeg4 4Z RESOLUTION NO. 95-1 RESOLUTION RELATING TO REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 BE IT RESOLVED by the Planning Commission of the City of Shakopee, Minnesota, that the modification to the Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 proposed by the City Economic Development Authority is determined to be consistent with the City's Comprehensive Plan. Adopted in regular session of the Planning Commission of the City of Shakopee, Minnesota,held this 3,..,Q. day of ai,�.,a -- , 1995. o / igill / Chairman,Planning Coy / RESOLUTION NO. 4 2 7 3 RESOLUTION APPROVING MODIFICATION OF REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY REDEVELOPMENT PROJECT NO. 1, AND APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 2, 3, 4, 7 AND 9 WHEREAS, the City has duly established its Minnesota River Valley Development District No. 1 (the "Project") in and for the City and approved a Redevelopment Plan therefor (the "Redevelopment Plan"), pursuant to and in accordance with Minnesota Statutes, Sections 469.027 to 469.029, inclusive, as amended; and WHEREAS, the City has duly established its Tax Incremerlt Financing Districts No. 2, 3, 4, 7 and 9 (the "TIF Districts") in the Project area, and has duly adopted a Tax Increment Financing Plan for each of the TIF Districts (the "TIF Plans") and has incorporated the TIF Plans in the Redevelopment Plan; and WHEREAS, the City's Economic Development Authority (the "Authority") has, by resolutiori, approved and requested the City Council to make certain modifications in the Redevelopment Plan and to modify the TIF Plans for the TIF Districts, all describing certain actions to be taken by the Authority and the City in aid of the Project; and WHEREAS, the City now proposes to modify the Redevelopment Plan and to modify the TIF Plans for the TIF Districts, pursuant to and in accordance with Minnesota Statutes, Sections 469.027 to 469.029 and 469.174 to 469.179, inclusive, as amended, as requested by the Authority; and WHEREAS, the proposed modification to the Redevelopment Plan has been submitted to the City's Planning Commission for review and comment as to whether the proposed modification is consistent with the City's Comprehensive Plan, pursuant to Minnesota Statutes, Section 469.027; and the Planning Commission has, by resolution, determined the proposed modification to be consistent with the City's Comprehensive Plan; and WHEREAS, the City has provided an opportunity for the members of the County Board of Commissioners of Scott County and the members of the school board of Independent School District No. 720 (the "School Board"), the school district in which the Financing District is located, to meet with representatives of the City; and WHEREAS, the City has presented to the members of the County Board of Commissioners of Scott County and the members of the School Board the City's estimate of the fiscal and economic implications of the proposed modification of the TIF Plans for the TIF Districts not less than thirty (30) days prior to the date hereof, and the members of the County Board and the School Board were given an opportunity to present their comments at the public hearing held on the date hereof; and WHEREAS, the City Council of the City (the "Council"), on the date hereof, held a public hearing regarding the modification of the Redevelopment Plan and the modification of the TIF Plans for the TIF Districts, notice of which was published in a newspaper of general circulation in the City not less than ten (10) nor more than thirty (30) days prior to the date hereof; and WHEREAS, the City has performed all actions required by law to be performed prior to the modification of the Redevelopment Plan and the modification of the TIF Plans for the TIF Districts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. On the basis of investigations and studies carried out by City staff and consultants of the information presented to the Council at meetings regarding the modification of the Redevelopment Plan and the modification of the TIF Plans, and of the information presented at the public hearing and at other Council meetings regarding the foregoing, the Council hereby finds and determines that: (a) the proposed modifications to the Redevelopment Plan are consistent with the City's Comprehensive Plan and should be adopted; (b) the modification of the TIF Plans for the TIF Districts is necessary and in the public interest and to the benefit of the health, safety and welfare of the City and its residents; (c) the redevelopment in the Project area proposed to be assisted, as described in the TIF Plans as proposed to be modified, is not reasonably expected to occur within the foreseeable future through private investment and, therefore, the use of tax increment financing for assistance as described in the TIF Plans as proposed to be modified is deemed necessary; (e) the TIF Plans as proposed to be modified conform to the general plan for the development of the City as a whole; and • -2- (f) the TIF Plans as modified will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project area by private enterprise. 2. The proposed modifications to the Redevelopment Plan are hereby approved and adopted. 3. The proposed modifications to the TIF Plans for the TIF Districts are hereby approved and adopted. 4. The City Clerk is hereby authorized and directed to file a copy of the Redevelopment Plan and the TIF Plans as modified with the Minnesota Commissioner of Revenue. 5. The City Clerk, together with the City's financial advisor, legal counsel, bond counsel, and other consultants, is authorized and directed to proceed with the implementation of the Redevelopment Plan and the TIF Plans and, for this purpose, to negotiate, draft, prepare and present to this Council, for its consideration, all resolutions, documents and contracts necessary for this purpose. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of August, 1995. 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This easement is located along the lot line between Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition. A copy of the August 3, 1995, Planning Commission staff report has been attached for your reference. Discussion: This vacation request is being made in order to combine the two lots into one lot through the Minor Subdivision Process. There is twenty(20) feet of easement on each side of the lot line between Lot 2 and Lot 3. Within the easement is an existing Shakopee Public Utilities commission (SPUC) power line. This power line will be relocated. Alternatives: 1. Approve the request to vacate the drainage and utility easements. 2. Do not approve the request to vacate the drainage and utility easements. 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 request to vacate the drainage and utility easements. Action Requested: Offer Resolution No. 4270, A Resolution Vacating the Existing 40 Foot Wide(40 foot total)Drainage and Utility Easements Located Between Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition, and move its approval. 1 RESOLUTION NO. 4270 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE EXISTING 40 FOOT WIDE (40 FOOT TOTAL) DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOT 2 AND LOT 3, BLOCK 1,VALLEY PARK SIXTH ADDITION WHEREAS, a 499.79 foot long by 40 foot wide drainage and utility easement has been dedicated along the original lot line between Lot 2 and Lot 3,Block 1, Valley Park Sixth Addition;and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easement serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of August, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library,and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1.) That it finds and determines that the vacation hereinafter described is in the public interest; 2.) That the existing 40 foot wide (40 foot total) drainage and utility easement located along the lot line between Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition serves no further public need; 3.) That all that part of the existing 40 foot wide (40 foot total) drainage and utility easement located along the lot line between Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition, Scott County,Minnesota,be, and the same hereby is vacated; 4.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSENT Memo To: Shakopee Planning Commission , ff From: Julie Baumann, Planning Intern Meeting Date: August 3, 1995 Re: Vacation of a Portion of a Drainage and Utility Easement Site Information: Applicant: Jon Albinson, Project Director, Valley Green Business Park Limited Partnership Location: South Side of TH 101, Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition Current Zoning: Heavy Industrial, I-2 Adjacent Zoning: North: I-2 Heavy Industrial South: I-2 Heavy Industrial East: I-2 Heavy Industrial West: I-2 Heavy Industrial Comp. Plan: 1980: Heavy Industrial Draft 1995: Heavy Industrial MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction The City has received a petition from Jon Albinson, Project Director for Valley Green Business Park Limited Partnership, for the vacation of a portion of the drainage and utility easement located along the lot line between J..ot 2 and Lot 3, Block 1, Valley Park Sixth Addition. This request is being made in order to combine the two lots into one lot through the Minor Subdivision Process. The City Council will hold a public hearing on August 15, 1995, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Valley Park Sixth Addition was platted in 1979. Also attached is a portion of the original Valley Park 6th Addition which shows the location of the existing drainage and utility easement that is being proposed for vacation (See Exhibit B). There is 20 feet of easement on each side of the lot line i between Lot 2 and Lot 3. Within the easement is an existing Shakopee Public Utilities Commission (SPUC)power line. This power line will be relocated. For a better understanding of the result of this vacation, the Planning Commission may want to refer to the attached Exhibits C and D. These exhibits provide the following illustrations: Exhibit C 1. Shows the location of the original lot line between Lot 2 and Lot 3, Block 1 as it was platted with Valley Park 6th Addition in 1979. 2. Shows the location of the existing 40 foot wide(20 feet on each side of the lot line)drainage and utility easement which is being proposed for vacation. Exhibit D 1. Shows the results of the proposed vacation. The draft 1995 Comprehensive Plan has designated the area for industrial development. This land use category allows a variety of light and heavy industrial activities such as assembly, warehousing, wholesale distribution and sales. manufacturing, research and development, and office activities. Commercial activities would not be allowed unless specifically mentioned in the zoning districts which implement this land use plan category. Housing is not allowed. The vacation of this portion of the drainage and utility easements is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of the drainage and utility easements. 2. Recommend to the City Council to deny the request to vacate the drainage and utility easements. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the drainage and utility easements, and move its approval. 2 • EXHIBIT A Air g - • _ t`lli l.� .- SUBJECT SITE> g 1 "Iiito..._,..,,,...,...r..bik...'f...,...4.:44:,..,:.-,:i..........: - - - t - f li 4.1 P.r 4 ' . , . (...._ . ig; •.• MR ip ,: . 1 t s . .: • l STA .,, -1` �� t . ... AL101011T 1 .... .- ' fi‘, .441,1r., ram,'1;• , , _ . ,. .._ , - - ;-. pripp -mow : fr �� � ' - G444. . - - t,i AG AGR CULTLR_ l ► KE. 11111111151119115; + I. 1 = RR aU?'L °=SSD.^- �: �' rw li =i` R1A LO'v: DENSITY RESIDENT:A_ �.1 �� 7-1 R1 B URBAN R_SID_'4T:AL 7-1 RIC OLD SHA. O?EE RESIDENT- il R2 MED UM DENS:T' REES:D=N--L .6 77 R3 MULT?LE FAM, Y REStDENT.-.. rn B1 H:GH'f;AY BUSINESS O 82 OFFICE BUSINESS O B3 CENTRAL BUS NESS _ • 1 11 LIGHT INDUS T R:AL AC' E— 0 12 HEAVY !NDUSTR,A.L MRtii-���GR REC- -�,' AG C] S SH ORE I :J 771- F FLCOJ?L.A,,�r ,DiS R',_ o .- y r Zoning Map rJ - • GIty of SHAKOPEE ... EXHIBIT B , . A D D IT I 0 11" pARK .. sixTH • •_., • ..._: ,..... ..: • I , ... , • I - - ..._.-• .---. • ,-. _ , • . . .. I,f.•.1.•:•.:.:::•.: ••••• ... '•••• a ... . • 1 •• • 1• i ••••i 4 S di. ••••••• .• . ..0 •• . • . •• • ••• •,...• 1 2 V4:.:•:..f • a 1 ..: •vi. lis f °.4"••• ' ! - . 1../.0... ...•1 ,I IC: rt. r• .••79. •. . .. ...t... : . • .1• .••• c.: F; .u. . . 74. i' .• 8.04 kZ••• --......g. .............. reef....... •• Zemo 9011A `"..' . ••••••• ....... ...... ....L ...... ................. •.•••"........ .....f. . - •=3/71 ...."... .*'...'... ..'. ''.. •• ....• • ,77:•••• ..... ....... '"""".••••••••........ '— . ........ r .... ,, .....— ..._ ....... ... _._.......... ....__ r 1 • . r • ••., • ! .....e • ...„ . 7,43.67 1099 70 . I 1 22.29 .. I I. Gs.: • ,.. .... • .• ,,,., .:I.f i la i • • ... .,. r I • .1. t I ..; , . • :t• r. 0.WIm 1 I Nj E .. 2 V 1 I • ev p• .CI. 04, 141 'itt .01 i EASEMENT PROPOSED i ! 2„:.• 2. 1 i ! Al FOR VACATION I!. r , • .... —— .- —_.._— -' 9et..74.-.- -.....---.--.---•.-.; 1 .1.:••:: 42o or L......: -.... ..11 •• •Ajr •. . . cz•. • :-.-• . 4 ;11...-%!)5.7-i r•:i.'-‘`. •. ...1..., ' "1,..: •••• ••••..... ........ ........ ...........S''''L.S.5. ...E '".'•••• ..........• : :-: ___. __ • ....... ••••••=••• Ieammomib a' • •• 3 r:.•C 4 2 ..-. .......... • ••••••••• ..m...... •••..... s I 4 I 1.4*. •4 • ) i• e. 1 ••: ••• • ..,,•• A. • 1 4.• , • r , r 1 1 • 'r v I • •• .•.,i 4 I - ' f di ..• • •• 1 •••• ....... i f ..: .•,••• I ' ; •;• :• s I I I"A • ••ft : I I • 1 •4 .0 .0. • I :• . . ....e e.:. • I .s• ... • . • . . . . . . . . , . . . . . . . • • . . - • . • • • • • . - • • • EXHIBIT C • • 5 I )4 T H 44 PA R K ._ . . I •_; 4.••• ••-• I • •. , 4.t • • _ f' 4 • ✓ • L `• • . ei '♦ / ! • • ; • - _.. �• • • 745 — , ..e`./ . M ._ • 3 SSC. W td I �,, 11.; EXISTING /095, !r • k........... EASE►MENT IT oi •• IiI - 3 _: Zr .� �,,, K ....,,, ::, 2 ' j EXISTING L •:{• ::,o, OT LINE Z f y c " f . : •- . . I _ ._ L . • I ..1I - K2 � ;� �-- �r.�" fir Ai •j i . • 1 •.• EXHIBIT D • A 51 )(4TH • ARK • `.. i • ,, • .•• —. 1"....... t_4 f • f • I. • • I1.."j i 14- • I••• % / le % e • 1 .__ .4 jr • • • •• • • w 748.67 • •••• --- /09 o . 'In • ."•.c! f' l f •^• t = ,. • s ;�,� •� 3 - r , RESULTS OF PROPO• [ • SED E I ' •:.. VACATION • . I i _ •7c c •• — ..--, .... •-• :.... 1.-' V'A.: ir".: r." _._. _, ____ s"ft.4...G. U.' • • / / • • .♦ .� / • I J '�� 1 •t I / l 1 • /' , 'i I it RESOLUTION NO. 4270 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE EAST 20 FEET OF LOT 3,BLOCK 1, VALLEY PARK SIXTH ADDITION EXCEPT 1'11E SOUTHERLY 20 FEET AND THE NORTHERLY 20 FEET OF SAID EAST 20 FEET OF LOT 3,AND THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE WEST 20 FEET OF LOT 2,BLOCK 1,VALLEY PARK SIXTH ADDITION EXCEPT THE SOUTHERLY 20 FEET AND THE NORTHERLY 20 FEET OF SAID WEST 20 FEET OF LOT 2. WHEREAS, a 459.79 foot long by 40 foot wide drainage and utility easement has been dedicated along the original lot line between Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easement serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of August, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1.) That it finds and determines that the vacation hereinafter described is in the public interest; 2.) That the drainage and utility easement located on the East 20 feet of Lot 3, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 20 feet and the Northerly 20 feet of said East 20 feet of Lot 3 and the drainage and utility easement located on the West 20 feet of Lot 2, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 20 feet and the Northerly 20 feet of said West 20 feet of Lot 2 serves no further public need; 3.) That all that part of the existing 40 foot wide (40 foot total) drainage and utility easement located at the East 20 feet of Lot 3, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 20 feet and the Northerly 20 feet of said East 20 feet of Lot 3, Block I, Valley Park Sixth Addition and the West 20 feet of Lot 2, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 20 feet and the Northerly 20 feet of said West 20 feet of Lot 2, Block 1, Valley Park Sixth Addition, Scott County,Minnesota, be, and the same hereby is vacated; 4.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney * t • REVISED RESOLUTION NO. 4270 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE EAST 10 FEET OF LOT 3,BLOCK 1, VALLEY PARK SIXTH ADDITION EXCEPT THE SOUTHERLY 10 FEET AND THE NORTHERLY 10 FEET OF SAID EAST 10 FEET OF LOT 3,AND THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE WEST 10 FEET OF LOT 2,BLOCK 1,VALLEY PARK SIXTH ADDITION EXCEPT THE SOUTHERLY 10 FEET AND THE NORTHERLY 10 FEET OF SAID WEST 10 FEET OF LOT 2. WHEREAS, a 459.79 foot long by 40 foot wide drainage and utility easement has been dedicated along the original lot line between Lot 2 and Lot 3, Block 1, Valley Park Sixth Addition; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easement serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of August, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY - OF SHAKOPEE,MINNESOTA: 1.) That it finds and determines that the vacation hereinafter described is in the public interest; 2.) That the drainage and utility easement located on the East 10 feet of Lot 3, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 10 Feet and the Northerly 10 feet of said East 10 feet of Lot 3 and the drainage and utility easement located on the West 10 feet of Lot 2, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 10 Feet and the Northerly 10 feet of said West 10 feet of Lot 2 serves no further public need; 3.) That all that part of the existing 40 foot wide (40 foot total) drainage and utility easement located at the East 10 feet of Lot 3, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 10 Feet and the Northerly 10 feet of said East 10 feet of Lot 3, Block 1, Valley Park Sixth Addition and the West 10 feet of Lot 2, Block 1, Valley Park Sixth Addition EXCEPT the Southerly 10 Feet and the Northerly 10 feet of said West 10 feet of Lot 2, Block 1, Valley Park Sixth Addition, Scott County, Minnesota, be, and the same hereby is vacated; 4.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Administrator /1C. MEMO TO: Dennis R. Kraft, City 14 FROM: David M.Nummer, Staff Engineer S--)- SUBJECT: Assessment Hearing for Valley Park Drive Street Light, Project No. 1995-4 DATE: August 10, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Attached is Resolution No. 4275, a resolution adopting assessments for a street light at the intersection of Valley Park Drive and Valley Industrial Boulevard South, Project No. 1995-4. BACKGROUND: On July 11, 1995, the City Council of the City of Shakopee adopted Resolution No. 4245, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for the above referenced project. Resolution No. 4245 also set a public hearing for August 15, 1995 to consider those assessments. The total cost of the project, including administrative costs, is $1,098.60. There are three parcels proposed to be assessed for the installation of the street light as shown on the attached assessment roll. The assessments were calculated on a per parcel basis, with 100% of the project costs being assessed as per the Special Assessment Policy. ALTERNATIVES: 1. Adopt Resolution No. 4275. 2. Deny Resolution No. 4275. RECOMMENDATION: Staff recommends Alternative No. 1. h:\council\mem.mo ACTION REQUESTED: Offer Resolution No. 4275, a Resolution Adopting Assessments for a Street Light at the Intersection of Valley Park Drive and Valley Industrial Boulevard South, Project No. 1995-4, and move its adoption. h:\council\mem.mo V . . IV I IV I 013 Z Z r o m < D3W o o o mm N coo o VD a o 0 0 V0 r m g = Ns ? Cn0 'D 1 ° "' m . m IN A• � x- N Z -< =iZ CD— CD � � � _ . � z Z -j � � CD � < 0 ZCD � o 00 _ cn Z . E Z al �" � C '1n r- A ,^ a 3 7C C7 �° V c 4 0 A a g I D W = N W coil 93, • V Ai �. V c�D Q r ID CD cn cT,CD - co in r m v 73 X a, s 0) s C3 A CL N D W 3. Q m _ 33 e ..< CO N � 1:13 o R- x � Z - -, 7r mC - as Av 0 0 5 -a. m � �; > Xm D y a ° •9 rm a � r> �p o CD 0 0 0 • CDCCDD y.re o = Z OD R Pt II II N m � 01 00 W O 03 O . 8 o 0 ov) 73 a iff N Cl) � M 0 4, to EA cn -I 0• a, C)i rnmr 0 0 0 0 --I-I RESOLUTION NO. 4275 A Resolution Adopting Assessments For A Street Light At The Intersection Of Valley Park Drive And Valley Industrial Boulevard South Project No. 1995-4 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Installation of a Street Light at the Intersection of Valley Park Drive and Valley Industrial Boulevard South. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. No interest will be charged if your entire assessments are paid to the City Treasurer at City Hall on or before 30 days from the date the assessments are adopted. One partial prepayment of at least $100.00 may be made prior to November 30, 1995. Assessments not prepaid within 30 days from the date adopted shall be subject to interest at the rate of 8.00 percent per annum. Assessments not prepaid before November 30, 1995 will be certified to the County and collected with next year's taxes(one year). 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 1zez, MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center- Fee Admission Schedule DATE: August 8, 1995 INTRODUCTION: Over the past two months the Shakopee Park and Recreation Advisory Board has been reviewing possible fee schedule associated with admission charges and the Shakopee Civic Center. On July 24, 1995 the Shakopee Park and Recreation Advisory Board moved to recommend to City Council that the fee schedule as outlined in attachment#1 be adopted. BACKGROUND: Within the next week, staff intends to publish the City newsletter. One of the key stories to be featured involves the Shakopee Civic Center Project. I have been receiving a number of inquiries from Shakopee residents regarding the daily admission charges and membership format for the facility. I would like to include in the next edition of the City newsletter information on the rate structure. The Shakopee Civic Center is fairly unique when compared to other community centers in the metropolitan area. The Shakopee facility will not include a leisure pool and/or a vast amount of fitness equipment. The Shakopee Park and Recreation Advisory Board took these factors into consideration when they developed the proposed fee schedule as attached. They also looked very closely at the current Chaska Community Center rates. Note that the attachment includes a comparison of the rates charged at the Chaska Community Center. The City Council will have to once again address the resident and non-resident fee issue as it relates to the Townships. The Shakopee Park and Recreation Advisory Board would like the resident rate structure to include all persons residing within the Shakopee School District. This approach is contrary to our current arrangement. However,the issue might be worthy of consideration in the spirit of cooperation and overall community benefit. It should be noted that the fee schedule presented this evening does not include cost associated with meeting room rentals. Staff is currently working with the School District to develop meeting room and equipment rental policies that are similar. This will hopefully alleviate problems in the future in terms of rate comparisons. If Council concurs with the proposed fee schedule, it would be appropriate to direct the appropriate City officials to prepare an amendment to the 1995 Fee Schedule. If Council prefers,the resident/non-resident rate issue can be discussed when the actual resolution is presented to City Council for approval. I will refrain from addressing the non-resident fee issue in the newsletter story at this time. ALTERNATIVES: 1. Direct the appropriate City officials to prepare an amendment to the 1995 Fee Schedule incorporating the fees as recommended by the Shakopee Park and Recreation Advisory Board. 2. Suggest changes to the fee schedule as recommended by the Shakopee Park and Recreation Advisory Board and direct the appropriate City officials to prepare an amendment to the 1995 Fee Schedule accordingly. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Direct the appropriate City officials to prepare an amendment to the 1995 Fee Schedule incorporating the fees as recommended by the Shakopee Park and Recreation Advisory Board. Attachment#1 Civic Center Fee Schedule Walking Track The Civic Center walking track will be open to all persons free of charge. Memberships Memberships will only be sold on an annual basis. Anyone can qualify for a Civic Center membership by paying the annual fee. When purchasing a Civic Center membership a person receives: Free Open Gym(Daily) Open Skating (Tentative-Mon./Wed./Sat. -6:15-8:00 p.m and Sun. 2-4p.m.) Use of Excercise Equipment Note: Membership does not include admission to paid events. (I.e.H.S. Games, Assoc. Tournaments) Anyone purchasing a membership will be issued a pictured I.D. card. This card must be presented at the admission counter each time they wish to access the Civic Center. Upon entrance,each person will be issued a wrist band to signify proper admittance. Fee Schedule Daily Admission Shakopee Chaska Resident Non-Resident Resident Non-Resident Adult(19 and over) $2.00 $3.00 $2.25 $3.75 Youth(6- 18)&Sr's(60+) $1.00 $1.50 $1.75 $3.25 Children 5 and under FREE FREE Punch Card(20 Admissions-Civic Center Only) Adult(19 and over) $35.00 $50.00 Youth(6- 18)&Sr's(60+) $17.00 $25.00 Annual Pass(Civic Center Only) Adult(19 and over) $70.00 $100.00 Youth(6- 18)&Sr's(60+) $50.00 $70.00 Family $110.00 $150.00 Annual Pass Combined(Civic Center and Muncipal Pool) Adult(19 and over) $100:00 $156.00 $100.00 $156.00 Youth(6- 18)&Sr's(60+) $ 75.00 $118.00 $ 75.00 $118.00 Family $150.00 $250.00 $175.00 $275.00 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Recreation Non-Resident Fees-Jackson Township-Res. #4274 DATE: August 7, 1995 INTRODUCTION: This past Spring the Shakopee City Council adopted a Township Recreation Contribution Policy. The policy specifies that Jackson and Louisville Township Boards would directly contribute $10.00 per participant to the City of Shakopee for each recreation activity that their residents participated in during the previous calendar year. In addition, each participant would directly be charged an additional $11.00 per program activity at the time of program registration. Jackson Township officials will be meeting on August 15, 1995 to consider the passage of a policy which would provide to the City of Shakopee a$21.00 per participant contribution rather than collecting the additional non-resident fee from the resident at the of program application. BACKGROUND: City staff has met with representatives from Jackson and Louisville Townships on two separate occasions over the past four months to discuss alternatives for dealing with the township non-resident fee. On July 10, 1995 staff met with Jerry Marek,Jackson Township official regarding the possibility of implementing a new fee structure for residents living within Jackson Township. Mr. Marek stated that he felt the Jackson Town Board would be willing to adopt a policy that would provide for a$21.00 per participant collection directly from the Jackson Town Board. Mr. Marek suggested that the Jackson Town Board would be willing to provide the payment for persons who were 17 and under. Mr. Marek also suggested that the $21.00 rate be fixed for a three year period. Mr. Marek suggested that this item would be taken to the Jackson Town Board for approval at their August 15, 1995 meeting. Louisville Township officials have discussed adoption of a similar policy. However, consensus has not been reached at this time. Staff would like the Shakopee City Council to approve Resolution No. 4274 amending the 1995 Fee Schedule stating that the additional $11.00 non-resident activity fee for Jackson Township youth ages 17 and under be deleted. (See attachment#1) Additionally, staff would like to request City Council to approve Administrative Policy No. 238 which more clearly defines the Jackson Township recreation contribution policy. (Attachment#2) It would be beneficial if a decision could be made with respect to this issue on August 15, 1995 since the Fall Recreation Programming Guide will be delivered within the next two weeks to all Shakopee residents. Rather than having the non-resident fee fixed for three years as requested by Jackson Township, staff would prefer that the policy be in place for the remainder of this year and two additional calendar years ending December 31, 1997. STAFF RECOMMENDATION: 1. Offer Resolution No. 4274, a resolution amending Resolution No. 4143 adopting the 1995 Fee Schedule. 2. Approve Administrative Policy No. 238 -Jackson Township Recreation Contribution Policy. 3. Do not amend the 1995 Fee Schedule relating to township recreation non-resident fees at this time. 4. Do not approve Administrative Policy No. 238. 5. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative 1 &2. ACTION REQUESTED: 1. Offer Resolution No.4274, a resolution amending Resolution No. 4143 adopting the 1995 Fee Schedule. 2. Approve Administrative Policy No. 238 -Jackson Township Recreation Contribution Policy. Attachment#1 RESOLUTION NO. 4274 A RESOLUTION AMENDING RESOLUTION NO. 4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS,the City Council has adopted a Fee Schedule for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the Fee Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1995 Fee Schedule is hereby amended by adding the following: The non-resident fee fof Jackson Township residents (Ages 17 and under)will be covered by the Jackson Town Board effective August 15, 1995. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of August, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Attachment#2 ADMINISTRATIVE POLICY NO. 238 Jackson Township Recreation Contribution Policy 1. In 1995, Jackson Township will pay the City$10.00 for each recreation activity that their residents participated in between January 1, 1995 and July 31, 1995. Jackson Township will be invoiced by the City accordingly. 2. Effective August 15, 1995 and continuing through December 31, 1997, Jackson Township will pay the City of Shakopee $10.00 for each recreation activity that their residents ages 18 and over participated in. The Township will be invoiced by the City accordingly. 3. Beginning August 15, 1995 and continuing through December 31, 1997, Jackson Township will pay to the City of Shakopee$21.00 for each Jackson Township participant age 17 and under who participates in. The Township will be invoiced by the City accordingly. 4. By February 15th of each year the City will send Jackson Township officials a list of recreation program participants indicating what activities they participated in during the previous year and send an invoice for the appropriate amount. 5. The Jackson Township contribution policy outlined herein shall remain in effect through December 31, 1997. CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planne . Date: August 9, 1995 Re: Amendment to the Final Plat for Dominion Hills 1st Addition Introduction The developers of Dominion Hills 1st Addition and Chateau Ridge (Formerly Orleans Addition) have entered into a private agreement to get street connections made between the two developments. In order to implement this agreement, the City Council must approve an amendment to the Final Plat for Dominion Hills 1st Addition. Background The City Council approved the Final Plat for Dominion Hills 1st Addition on May 19, 1992. An amendment to the Final Plat for Dominion Hills 1st Addition was approved on July 20, 1993, to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street. The Final Plat for Chateau Ridge was approved by the City Council on March 21, 1995. Discussion Section 12.07, Subd. 1 limits the maximum length for cul-de-sac streets to 1,000 feet for rural service areas. Dominion Hills 1st Addition was approved subject to 10 conditions, including the following condition related to streets within the plat: 1. Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Promise Avenue,from Hillside Drive to Dominion Avenue, shall be graded, graveled and paved with a temporary cul-de-sac within the Dominion Avenue intersection Dominion Avenue, from Marschall Road to the Promise Avenue intersection, shall be graded and graveled Traffic barriers, as approved by the City Engineer, shall be provided to keep public traffic off the graveled Dominion Avenue until it is paved with Phase II. The applicant is requesting that the last three words of this paragraph (with Phase II) be deleted, as they would like to pave a portion of Dominion Avenue prior to the platting of the second addition. Alternatives 1. Approve the Amendments to the Final Plat for Dominion Hills 1st Addition. 2. Do not approve the requested amendment. 3. Table the decision, and request additional information from the applicants and/or staff. 1 Staff Recommendation Staff recommends the approval of the Amendment to the Final Plat for Dominion Hills 1st Addition. Action Requested Offer Resolution No. 4272, A Resolution Approving Amendment No. 2 to the Final Plat for Dominion Hills 1st Addition, and move its adoption. {I:\PLANNING\CC\1995\CC0815\AMENDDOM.815) 2 RESOLUTION NO. 4272 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AMENDMENT NO. 2 TO THE FINAL PLAT FOR DOMINION HILLS 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Dominion Hills on May 7, 1992, and recommended its approval; and WHEREAS,the Planning Commission of the City of Shakopee did review an amendment to the Final Plat for Dominion Hills on July 8, 1993, to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street, and recommended its approval; and WHEREAS, the developers for Chateau Ridge and Dominion Hills have entered into a private agreement to get street connections made between the two developments,.and in order to implement this agreement, they are requesting an amendment to Condition No. 2.d of the resolution approving the Final Plat for Dominion Hills 1st Addition to delete the words, "with Phase II". NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Amendment to the Final Plat for Dominion Hills 1st Addition is hereby approved, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a) Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b) Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c) Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d) Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Promise Avenue, from Hillside Drive to Dominion Avenue, shall be graded, graveled and paved with a temporary cul-de-sac within the Dominion Avenue intersection Dominion Avenue, from Marschall Road to the Promise Avenue intersection, shall be graded and graveled. Traffic barriers, as approved by the City Engineer, shall be provided to keep public traffic off the graveled Dominion Avenue until it is paved. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. f) Cash payment in lieu of park dedication shall be required. g) No building permits shall be issued for the outlots until they have been replatted. 3. A variance to the Subdivision Regulations is granted to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street until Phase 2 is final platted. 4. A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (130 feet and 1340 feet) is granted to allow the dedication of right-of-way of the proposed cul-de-sac streets to the east property line. The applicant shall not construct these cul-de- sacs in excess of 1,000 feet until the land to the east of the plat is developed and street connections can be made between the two developments. 5. The non-exclusive easement for ingress and egress that currently exists along the southerly portion of the plat must be vacated prior to the recording of the final plat. 6. The following language shall be added to the signature block for the plat: "and pursuant to M.S.A. 505.03, Subd. 2, we are in conformance". 7. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 8. The applicant must 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. 9. Drainage within the road right-of-way must remain within the right-of-way in areas adjacent to Outlots A, B, C, and D. 10. The developer shall provide a temporary easement for the cul-de-sac. The easement agreement shall be provided to the City at the time of the recording of the final plat. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized 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 b, #/3 . „,„:„„,,,:,„,:,,:,,,:„,:,:,,,„,„,:,:,:,,,,,:,,,:„,,,,,,,„:„,,,,,„,,,,:,„ ! RESOLUTION REVISIONS NOTE• Inserted text is in bald'italics. There is n4 deleted text'. RESOLUTION NO. 4272 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AMENDMENT NO. 2 TO THE FINAL PLAT FOR DOMINION HILLS 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Dominion Hills on May 7, 1992, and recommended its approval; and WHEREAS, the City Council of the City of Shakopee adopted Resolution No. 3591, a Resolution Approving the Final of Dominion Hills, on May 19, 1992; and WHEREAS, the Planning Commission of the City of Shakopee did review an amendment to the Final Plat for Dominion Hills on July 8, 1993, to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street, and recommended its approval; and WHEREAS, the City Council of the City of Shakopee adopted Resolution No. 3832, a Resolution Amending Resolution No. 3591, A Resolution Approving the Final of Dominion Hills, on July 20, 1993; and WHEREAS, the developers for Chateau Ridge and Dominion Hills have entered into a private agreement to get street connections made between the two developments, and in order to implement this agreement, they are requesting an amendment to Condition No. 2.d of the resolution approving the Final Plat for Dominion Hills 1st Addition to delete the words, "with Phase II", and an amendment to Condition No. 4 of the resolution to add the words "or the south': NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Amendment to the Final Plat for Dominion Hills 1st Addition is hereby approved, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a) Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b) Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c) Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d) Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Promise Avenue, from Hillside Drive to Dominion Avenue, shall be graded, graveled and paved with a temporary cul-de-sac within the Dominion Avenue intersection Dominion Avenue, from Marschall Road to the Promise Avenue intersection, shall be graded and graveled. Traffic barriers, as approved by the City Engineer, shall be provided to keep public traffic off the graveled Dominion Avenue until it is paved. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. f) Cash payment in lieu of park dedication shall be required. g) No building permits shall be issued for the outlots until they have been replatted. 3. A variance to the Subdivision Regulations is granted to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street until Phase 2 is final platted. 4. A variance to the Subdivision Regulations allowing two over length cul-de-sac streets(130 feet and 1340 feet) is granted to allow the dedication of right-of-way of the proposed cul-de-sac streets to the east property line. The applicant shall not construct these cul-de-sacs in excess of 1,000 feet until the land to the east or the south of the plat is developed and street connections can be made between the two developments. 5. The non-exclusive easement for ingress and egress that currently exists along the southerly portion of the plat must be vacated prior to the recording of the final plat. 6. The following language shall be added to the signature block for the plat: "and pursuant to M.S.A. 505.03, Subd. 2,we are in conformance". 7. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 8. The applicant must 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. 9. Drainage within the road right-of-way must remain within the right-of-way in areas adjacent to Outlots A, B, C, and D. 10. The developer shall provide a temporary easement for the cul-de-sac. The easement agreement shall be provided to the City at the time of the recording of the final plat. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized to execute said Plat and Developer's Agreement, and Amendments thereto. 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 /3c. CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner/if Date: August 3, 1995 Re: Amendment to the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan Introduction Recently, City staff determined that there was a one-half block area of the City that was not included in the draft 1990 Comprehensive Plan, nor the draft 1995 Comprehensive Plan. The site is located north of the alley within Block 169, Shakopee Plat. Block 169 is located west of Main Street and within the 100 block north of 1st Avenue. Discussion City Code Section 11.82, Subd. 6, states that the City Council may propose amendments to the Comprehensive Plan by a resolution submitted to the Planning Commission. Before adopting the amendment, the Planning Commission must hold at least one public hearing. Once an amendment has received a recommendation from the Planning Commission, it may be brought before the City Council, where a two-thirds vote of all its members may amend the Comprehensive Plan. The 1980 Comprehensive Plan designated the subject site as "Commercial". However, in both the draft 1990 Comprehensive Plan, as well as the draft 1995 Comprehensive Plan that was submitted to the Metropolitan Council, the site is designated as"Park" and the streets located north and west of the site are not provided on the Urban Land Use Plan. It appears that the omission of the north one-half of this block is an error, and the City did not intend to designate the area as a part of Huber Park. The 1995 draft Comprehensive Plan has designated the southern one-half of this block, as well as the block located directly east of this site, as "Commercial". One block east of the site, there is land designated "Medium Density Residential". Since there are existing single family residences located within the north one-half of this block, staff recommends that the City Council consider designating this area as Single Family Residential in both the 1980 Comprehensive Plan and draft 1995 Comprehensive Plan. Alternatives 1. Initiate the amendments to the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan. 2. Do not initiate the amendments to the Comprehensive Plans. 3. Table the decision, and request additional information from the applicant and/or staff. Staff Recommendation Staff recommends that the City Council initiate an amendment to the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan to designate the north one-half of Block 169, Shakopee Plat as Single Family Residential. 1 Action Requested Offer Resolution No. 4271, a Resolution Setting a Public Hearing Date to Consider a Comprehensive Plan Amendment to Both the 1980 Comprehensive Plan, and the Draft 1995 Comprehensive Plan, to Designate the North One-Half of Block 169, Shakopee Plat, as Single Family Residential. {I:\PLANNING\CC\1995\CC0815\COMPPLAN.815} 2 - . . • , • • .• •• or. ...."".."... :7'....,. .••••''''''....- •- it, , I • .././ -• 7::::::..-,...,' • ,- ------ .,. , <„ T A EXHIBIT ...„:.-...- ... 1980 COMPREHENSIVE PLAN- _-...-2.---- 4 Or ' • .•• t ',, • ..0"-••• ........;,,,, •%, .."' ,./. 1 await .. . .....-• of . ....- .........----' ,..-- ------- -„ ,..„,•-------....- -- ..,..,,,,. :: ,• -.. _ .... ,• ......- S 2,,.... ,........... , . :.y:.-t•-. c-C• .. ..,, --- • ..---"--'--- ....••• :'s -E •, •••• „.-• •• •••-1-", . ..,- • - •• . - ..,-;'-,:,:. 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RESOLUTION NO. 4271 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, SETTING A PUBLIC HEARING DATE TO CONSIDER A COMPREHENSIVE PLAN AMENDMENT TO BOTH [HE 1980 COMPREHENSIVE PLAN,AND THE DRAFT 1995 COMPREHENSIVE PLAN,TO DESIGNATE THE NORTH ONE-HALF OF BLOCK 169, SHAKOPEE PLAT AS MEDIUM DENSITY RESIDENTIAL. WHEREAS,the Shakopee City Council did approve the 1980 Comprehensive Plan which designated the north half of Block 169,Shakopee Plat as"Commercial"on August 4, 1981; and WHEREAS,the Shakopee City Council did approve the draft 1990 Comprehensive Plan which designated the north half of Block 169,Shakopee Plat as"Park"; and WHEREAS,the Shakopee City Council did approve the draft 1995 Comprehensive Plan which designated the north half of Block 169,Shakopee Plat as"Park"in April of 1995; and WHEREAS,it appears to the Shakopee City Council that the omission of the north one-half of this block from both the draft 1990 and the draft 1995 Comprehensive Plans may have been in error, and the City did not intend to designate the area as a part of Huber Park; and WHEREAS,a public hearing must be held before an action can be taken to amend the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan, and that ten days notice of the public hearing must be published in the official newspaper of the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held by the Shakopee Planning Commissionin the Council Chambers on the 7th day of September, 1995,at 7:30 P.M.or thereafter,on the matter of amending the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 • REVISED I 3 RESOLUTION NO. 4271 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, SETTING A PUBLIC HEARING DATE TO CONSIDER A COMPREHENSIVE PLAN AMENDMENT TO BOTH THE 1980 COMPREHENSIVE PLAN,AND THE DRAFT 1995 COMPREHENSIVE PLAN, TO DESIGNATE THE NORTH ONE-HALF OF BLOCK 169, SHAKOPEE PLAT AS SINGLE FAMILY RESIDENTIAL. WHEREAS, the Shakopee City Council did approve the 1980 Comprehensive Plan which designated the north half of Block 169, Shakopee Plat as"Commercial"on August 4, 1981; and WHEREAS, the Shakopee City Council did approve the draft 1990 Comprehensive Plan which designated the north half of Block 169, Shakopee Plat as"Park"; and WHEREAS, the Shakopee City Council did approve the draft 1995 Comprehensive Plan which designated the north half of Block 169, Shakopee Plat as"Park"in April of 1995; and WHEREAS, it appears to the Shakopee City Council that the omission of the north one-half of this block from both the draft 1990 and the draft 1995 Comprehensive Plans may have been in error, and the City did not intend to designate the area as a part of Huber Park; and WHEREAS, a public hearing must be held before an action can be taken to amend the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan, and that ten days notice of the public hearing must be published in the official newspaper of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held by the Shakopee Planning Commission in the Council Chambers on the 7th day of September, 1995, at 7:30 P.M. or thereafter, on the matter of amending the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan to Designate the North One-Half of Block 169, Shakopee Plat, as Single Family Residential. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 S To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Subject: VIP Connection Charge for Outlots Date: 08/2/95 Introduction Council direction on the process for collection of the VIP connection fee for outlots is requested. Background A list of VIP Connection charges by parcel has been established. A question of the timing of collection if the fee for outlots has arisen. When a parcel is platted partially into building lots and part into outlots for future replatting/development; 1) should the whole fee for the original parcel be collected or 2) should the fee be split and apportioned to future developable outlots to be collected when the outlot is platted? Alternatives 1. Collect whole VIP connection fee with original parcel being platted. 2. Split connection fee among developable outlots and basic plat. Recommendation This is a policy decision. Administratively it is easier to collect the whole amount with the original plat and not go through an apportionment calculation process. The largest amount involved is about $28,xxx for a 52 acre parcel. Action Discuss and give staff direction on how to collect the VIP Connection fee on outlots. 08/09/95 12:22 NOVAK-FLECK -> 4456718 NO.383 002 GOLD NUGGET DEVELOPMENT INC. 8857 Zealand Avenue North Brooklyn Park, Minnesota 55445 (612) 424-4955 Terry Thurmer Assistant City Planner City of Shakopee 129 Holmes Street South Shakopee,MN 55379 RE: Final Plat Meadows 2nd Addition Via Facsimile Dear Ms. Thurmer, As a condition of final plat for Meadows 2nd Addition Gold Nugget Development Inc. was required to pay in full VIP connection charges for both outlots B&C of Meadows 1st Addition. However only outlot B is being platted into lots. Oudot C will remain an outlot in the 2nd addition. I would like to request that the connection charge for outlot C in the amount of S7077,05 be paid at the time the outlot is platted into residential lots. Thank you for your anticipated cooperation in this matter. Respectively, fia Horst Graser Project Manager, Gold Nugget Development Inc. To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Subject: VIP Connection Charge for Outlots Date: 08/2/95 Introduction Council direction on the process for collection of the VIP connection fee for outlots is requested. Background A list of VIP Connection charges by parcel has been established. The connection charge is due when the plat is filed. A question of the timing of collection df the fee for outlots has arisen. Please see attached letter from Gold Nugget Development Inc. Also, please find attached memo from the Planning Department providing background and offering Resolution No. 4279 as an amendment to the final plat of Meadows West 2nd to include the collection of the VIP Connection fee on the platted area and not collecting the fee for the outlot. When a parcel is platted partially into building lots and part into outlots for future replatting/development; 1) should the whole fee for the original parcel be collected or 2) should the fee be split and apportioned to future developable outlots to be collected when the outlot is platted? Alternatives 1. Collect whole VIP connection fee with original parcel (s) being platted. 2. Split connection fee among developable outlots and basic plat. Recommendation This is a policy decision. Administratively it is easier to collect the whole amount with the original plat and not go through an apportionment calculation process. The largest amount involved is about $28,xxx for a 52 acre parcel. Action Discuss and give staff direction on how to collect the VIP Connection fee on outlots. If the decision is to split the charges, the Planning Department has prepared Resolution No. 4279 which amends the resolution approving the final plat for Meadows West 2nd to provide for the collection of the connection charge on only the "non-outlot" portion. See P TTiCHc 08/09/95 12:22 NOVAK-FLECK y 4456718 NO.383 D02 GOLD NUGGET DEVELOPMENT INC. 6657 Zealand Avenue North Brooklyn Park, Minnesota 55445 (612) 424-4955 Terry Thurmer Assistant City Planner City of Shakopee 129 Holmes Street South Shakopee,MN 55379 RE: Final Plat Meadows 2nd Addition Via Facsimile Dear Ms. Thurmer, As a condition of final plat for Meadows 2nd Addition Gold Nugget Development Inc. was required to pay in full VIP connection charges for both outlots B&C of Meadows 1st Addition. However only outlot B is being platted into lots. Oudot C will remain an outlot in the 2nd addition. I would hie to request that the connection charge for outlot C in the amotmt of $7077.05 be paid at the time the outlot is platted into residential lots. Thank you for your anticipated cooperation in this matter. Respectively, Horst Graser Project Manager, Gold Nugget Development Inc. / fid To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Subject: VIP Connection Charge for Outlots Date: 08/2/95 Introduction Council directi• on the process for collection of the VIP connection fee for outlots is r . ested. Background A list of VIP Co 'action charges by parcel has been = tablished. A question of the timin•,\f collection if the fee for outl- s has arisen. When a parcel is platte.\partially into building 1. - and part into outlots for future replatting/de lopment; 1) should t - hole fee for the original parcel be collected or should the f- - •e split and apportioned to future developable outlots be collec when the outlot is platted? Alternatives 1. Collect whole VIP c• . ection ee with original parcel being platted. 2. Split conn- - on fee among deve 'Table outlots and basic_plat. Z- •11.11- !•-. 4.4 This ' - a policy decision. Administrat ,' ely it is easier to collect the whol- amount with the original plat and •ot go through an apportionment calculation process. The largest amount i t lved is about $28,xxx for a 52 acre parcel. Action Discuss and give staff direction on how to collect the VIP Connection fee on outlots. Memo To: Dennis Kraft, City Administrator From: Nicole Bennett,Planning Intern Date: August 15, 1995 Re: Amendment to Resolution No. 4217 for Meadows West 2nd Addition • Introduction On June 20, 1995, the City Council approved the Final Plat for Meadows West 2nd Addition. Gold Nugget Development, Inc., is requesting that the VIP connection fee be collected only for the platted area of Meadows West 2nd Addition, and that the fee for the outlot area be collected at such time as it is replatted. Background and Discussion An amendment to Resolution No. 4217 is being proposed based upon a request for the VIP connection fee to be paid for the platted area and delayed for the outlot. The current Resolution No. 4127 specifies that the VIP fee for both the platted area and the outlot be paid with the 2nd Addition. If the Council desires to delay the fee collection of the outlot area, then the amended Resolution No. 4279 should be adopted. The timing of the collection of VII' connection fees is a policy decision that will determine whether or not Resolution No. 4217 requires amending. Gold Nugget Development Inc. is requesting that the VIP connection fee of $15,280.99 for Meadows West 2nd Addition be collected at different times for the platted versus the outlot areas. The request is that the VIP connection fee of$8,203.94 for the already platted area be collected, and that collection of the fee of$7,077.05 for the outlot area be delayed until such time as that area is replatted. Alternatives 1. Adopt the amended Resolution No. 4279 to divide the collection of the VIP connection fee of $15,280.99 for the Final Plat of The Meadows West 2nd Addition by collecting the fee of $8,203.94 for the platted area and delaying collection of the fee of$7,077.05 for the outlot area until such time as it is replatted. 2. Deny the requested amendment, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. {i:\PLAN\CC\1995\CC0815} RESOLUTION NO. 4279 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4217 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$8,203.94 for the VIP sewer connection charge of the platted area. The VIP sewer connection charge of$7, 077.05 for the outlot area shall be collected at such time as the outlot is replatted. 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 l5 .0 To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Subject: Surplus Property Date: 08/2/95 Introduction Council action is needed to declare property surplus in order to be sold. Background With the purchase of another 1995 squad car and the subsequent cycling down of the Taurus to administrative car status, there is now a surplus car. Although in fairly good condition mechanically, this car is rusting badly and because of the rust it is deemed to be the worst car in the fleet. Action Requested Move to declare the 1987 Chevrolet Caprice number 1G1BL5160HX200159 surplus property. 13 ' CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 8/9/95 . Included in the attached bill list is the below listed educational reimbursement for employees. t Employee Class Cost Gerald Poole Family: Racial/Gender $193 .32 CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 08/09/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 204 32,354 47 2 CITY ADMINISTRATOR 220,940 5,457 111,029 50 13 CITY CLERK 122,470 6,619 74,126 61 15 FINANCE 303,390 10,187 198,640 65 16 LEGAL COUNSEL 212,090 19,395 138,248 65 17 PLANNING 464,430 10,422 218,019 47 18 GENERAL GOVERNMENT BUILDINGS 148,120 7,374 78,676 53 31 POLICE 1,495,760 46,247 875,257 59 32 FIRE 410,240 2,187 179,319 44 33 INSPECTION-BLDG-PLMBG-HTG 197,780 5,923 111,311 56 41 ENGINEERING 357,100 12,459 195,681 55 42 STREET MAINTENANCE 784,180 15,285 304,320 39 44 SHOP 112,120 4,588 59,238 53 46 PARK MAINTENANCE 292,420 12,799 172,944 59 61 POOL 136,580 11,661 69,642 51 64 RECREATION 239,580 12,011 148,656 62 91 UNALLOCATED 128,270 823 23,555 18 TOTAL GENERAL FUND 5,694,920 183,641 2,991,015 53 17 PLANNING 467,160 5,861 198,865 43 TOTAL TRANSIT 467,160 5,861 198,865 43 19 EDA 119,080 1,464 51,106 43 TOTAL EDA 119,080 1,464 '51,106 43 F N 0l b1 Cu • 0 CU W U H 00 o rl 0 N N N N N N O 0 O H 0 0 O 0 0 O * rl M m rl CI N 1-4 N N N I O N N N ' U r1 r4 rl U a+ c of 0 0 0 0 H H a H U tel A W W O O U m y U Ln t0 0 A A H 0 W FWD ' H r�1 1-1 a - aa y o� p r�l 00 'W N t0 r- r- M O rl r1 10 10 CO 4 M O M 03 CO rl M t0 at CO CO co ii rl rl M el Ul El UW en. co. tM 0) 0) C4 U W E+ 01 NE ri r4 rq E+ M M el 0 04 • A e• r C4 o O O • b4 cn at at WS', e�-1 r-I rri O • z Hz N N _ W w w O x 0 U u a a a a aaa a a a a a a a a a H H H F H H H H H H H H H H H H ei 0) bl Id a i 0 IN M O U m H N M ep in In Vt in t0 I- tb 03 CO co al 0 N N N N N N N CO N CO N CO N N N N N N N N N N N to N 01 Cl NN N N N O 0 0 0 M M M 0, M O M diM M M M H 0 O O O 0 O O t0 O al O O O O O O O O O O 0 0 0 CO O O1 O ei O 0 O O 4* t0 t0 N t0 ri CO 0 O e-1 O O O O O 0 0 N N N N N 00 ei ri CO rI rl r♦ ri In ri ri VI ri ri 4-1 N M M M N et' M N Cl N N N M N N N N ..3 .tai Nil ,:r 11 '41 ‘111 el, dt VI I I I I I I I I I I I I I I I I O N N N N e' dt dt 4-1 M t0 N ti rI 1-1 ri r♦ U el ei rI rI CO O CO .Ir ri N rI rI r1 r1 ep ri U 01 at a1 at rI rI rI 10 CO 10 M 10 t0 10 la t0 4 0 O O O 0 0 0 O O t0 0 0 O 0 O 0 U U U 7 a > PH Hesti DI 01 M > o M aaa H 03 aaa H H H H aaa H H `� a Cu "' a Cu a a `� H p� aCU aa z �' z c' `o M y M z VUi Z co H 0 H 0 0 0 M H Z H A M U y H co to M A H H H H 0 A a a g a a ga g ga U ga a a H 0 M Z 0 M M M a M 0 H P w 0 0 a 0 0 0 Z 0 a M to H VOI H 4.7 co co V] co co 94 0 N NH H13, is U 0 v-I A H C4 U in en qO os 04 AAA CMa HH F aQa w A O ; H M M M H U H HH p4 •• z 0 U H• 0 M • A U V V1 co V1 H in H a 44 i 000 0 a H a aaa a a1 RI Ra .2: Z NNN .4: CA 03 03 W CO R1 H r1 O 3 it 3 it it 3 it 3 it it 3 1-1 E1 O1 a% 00 00 In In 0 0 O In O In 0 0 0 0 0 0 N N t0 t0 ri 4-.1 N dl t0 pjy in in t0 t0 CO CO 0 0 0 03 0 00 s} sr 0 0 0 0 In In N N O1 0 Cl r-1 N tri0 0 O o O O N N O O O a1 0 01 .rep t0 t0 t0 t0 00 v .3 t0 U1 O N N 4: 1 N N M M ri ri ,IS ,IP t0 N N O t0 t0 H ri M M N N a1 a1 I- co .3O to tai e-I r1 0% at r1 ri IA In tM Cl in O1 sr sr 01. t/} ri ri 0) fA N in. 4/k Cl 0) In Or 0• >4 r to 411. 41), VI. 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U1 co O d. r1 O v1 .-1r-I ri sr H4/3411-a1 64 i/1• K 01. 40r 01 •--+ 4Or1 69- a ti b1 0 A 4 a a a e� °` H B u a 0 Os wCO z gel ta gig 0 col c4 41 Z gs1 >4 a NI NI >' H a Z H d a rii v] H Z O►in U H I a i OA�i 14 1 A � 04 i H Z 0 W 4 U to 0 H M OI U 10 a`% U to N a H gsl !4 U ei el U1 O r1 In N 03 0 0 0 0 0 {I<7 0 v-I r I N N N Cl Cl rI Cl er CO V U 0 H rI V8 d1 sN II sr N I's t` t` O NI H 00 00 00 00 00 00 It 00 it 01 4000 a • U pc/ Da C4 R4 Ca NI 41 Dv 44 PI D4 {1+ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Release of Checks DATE: August 15, 1995 Legal Department has requested the release of two checks payable to well drillers for advance/COD payment for witness fees in the Inrehus case. The amount is $406 each. These are not on the bill list and therefore will not have Council approval before release. Barring Council direction to the contrary, Finance will release the checks this week. SEND MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City ClerkCIf SUBJECT: Pawnbroker's Employee License Applications DATE: August 9, 1995 INTRODUCTION: The City has received applications for employee licenses from three applicants desiring to work in a pawnshop licensed in the City of Shakopee. BACKGROUND: David Wagner, Charles Spencer, and Eric Stubbs have submitted an application for an employee license to work at Shakopee Pawn and Cash Co. , 1147 Canterbury Road. The Police Department has conducted the customary background investigation on the three applicants. The investigations disclosed nothing to prohibit the issuance of a pawnbroker's employee license to the three applicants. ALTERNATIVES: 1. Grant a license. 2 . Deny a license. 3 . Table for additional information. RECOMMENDED ACTION: Approve the application and grant a Pawnbroker's Employee License to David John Wagner, Charles Spencer and Eric Alton Stubbs, Shakopee Pawn and Cash Co. , 1147 Canterbury Road. h: \judy\memopawn.emp COSE \IT MEMO TO: Dennis K Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Tattoo License DATE: August 10, 1995 INTRODUCTION: The City has received an application from Trevor Robert Collis for a Tattoo License. BACKGROUND: Mr. Collis has applied for an application to practice tattooing at Body Art/1st in Hair and Tanning, 205 South Lewis Street. You may remember that the City Council has previously issued a license to Linda Kurian and Allen Lindback at this same establishment. The Police Department has conducted the customary background investigation on the applicant and has advised that there is no reason to deny a license for tattooing to Mr. Collis. Mr. Collis is in the process of obtaining the required insurance for this license. Once the City has received a certificate of insurance,Mr. Collis' application will be in order. ALTERNATIVES: 1. Approve application, conditioned upon receipt of certificate of insurance. 2. Deny application. 3. Request additional information. RECOMMENDATION: Staff recommends Alternative#1. RECOMMENDED ACTION: Move to approve the application and grant a Tattoo License to Trevor Robert Collis, at Body Art/lst in Hair and Tanning, 205 South Lewis Street, conditioned upon the City's receipt of the required certificate of insurance. JSC/tiv-h:\tami\judy\tattoomemo CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 021 SUBJECT: 17th Avenue & Sarazin Street Authorization of Engineering Services for Feasibility Study DATE: August 10, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: This item is to consider authorizing Orr-Schelen-Mayeron & Assoc. (OSM) to complete the feasibility study for 17th Avenue and Sarazin Street along the north and east sides of the St. Francis Regional Medical Center(SFRMC) site. Attached is correspondence from Richard Wicka of Frauenshuh Companies representing the St. Francis Development and expressing the importance of the street project. BACKGROUND: On March 21, 1995, City Council authorized a feasibility report for 17th Avenue from County State Aid Highway (CSAH) 17 to Sarazin Street, and Sarazin Street from 17th Avenue to St. Francis Avenue by adopting Resolution No. 4194. This authorization was based upon a petition received from the St. Francis Regional Medical Center site (SFRMC). Recent developments on the SFRMC site namely being the construction of a long range care facility and the need for hospital deliveries to use Sarazin Street versus internal roads, a completion date for the street paving of June, 1996 is desired by SFRMC. In order to expedite this project and meet the proposed completion date of June, 1996, it is recommended that OSM be authorized to assist staff in preparing the feasibility report. Attached is a proposal from OSM on the work services and compensation for the street improvements. The cost to assist staff in preparing the feasibility report is as follows: 1. Sarazin Street and 17th Avenue- Street and Storm Sewer Improvements - Cost not to exceed$4,900.00. 2. County Road 17 - Storm Sewer from St. Francis Site to Mn/DOT Linear Pond- Cost not to exceed$2,100.00. In addition to the street and storm sewer improvements on 17th Avenue and Sarazin Street, a storm sewer outlet improvement from SFRMC site to the Mn/DOT Shakopee Bypass linear pond was requested on March 21, 1995. City Council did order a feasibility report for this improvement by adopting Resolution No. 4195 and also directed staff to prepare a report on establishing a Trunk Storm Sewer Charge Policy for new developments. Due to the current project workload for City staff and the need to complete the streets and storm sewer improvements by June, 1996, it is recommended that OSM be authorized to assist staff by preparing the feasibility report for both projects. It is advantageous to combine these projects for cost effectiveness. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute the agreement with OSM to assist staff in feasibility report preparation for Sarazin Street and 17th Avenue street and storm sewer and County State Aid Highway(CSAH)17 storm sewer from St. Francis site to Mn/DOT linear pond. 2. Do not approve consultant agreement. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as this work is necessary in order to complete the feasibility report and meet a project completion of June, 1996 for the SFRMC. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the agreement with Orr- Schelen-Mayeron&Assoc., Inc. to assist staff in feasibility report preparation for Sarazin Street and 17th Avenue Street and Storm Sewer and County State Aid Highway Storm Sewer from St. Francis Site to Mn/DOT Linear Pond at a cost not-to-exceed$7,000.00. BL/pmp 17TH AUG 10 '95 08:13 OSM MPLS, MN P.2 amOrr Soden h1C. 300 Park Place Fast MS Wayzata Boulevard Minneapolis,MN 55416-1228 2- August•10, 1995 611-800-753-57545.577575 FAX 595-5774 engineers Architects Planners Surveyors Mr. Bruce Loney, P.E. City of Shakopee 129 South Holmes Street Shakopee, MN 55379 • Re: Contract Extension Agreement -Feasibility Report Sarazin Street & 17th Avenue Street & Storm Sewer and County Road 17 Storm Sewer OSM Proposal No. 0267.95 Dear Mr. Loney: According to our agreement for Professional Services with the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is for assisting the Shakopee Engineering Department with the preparation of a feasibility report for the following proposed improvements. 1) Sarazin Street and 17th Avenue Street and Storm Sewer Improvements: This report includes an analysis of the proposed geometric design of 17th Avenue as it relates to future construction of County Road 17. This analysis will involve review of the transportation plans prepared for the St. Francis Medical Center, as well as Scott County. It is understood that City Staff will provide all necessary materials and will prepare the assessment roll using the estimated costs prepared by Orr-Schelen Mayeron&Associates,Inc.(OSM). OSM will complete the remainder of the report. All surveying and soils information has been previously acquired by the developer and is available for our use. We propose to complete the work on a cost-reimburs- able ost reimburs-able basis with a fee not to exceed $4,900. 2) County Road 17 Storm Sewer: This report includes an analysis of the storm sewer system necessary to provide an outlet from the St. Francis Medical Centerpond to the Mn/DOT linear pond. Coordination with the County and Mn/DOT will be necessary during the report preparation. The conditions identified in Item 1 apply with this report as well. The report will be a part of the Sarazin Street/17th Avenue report. We propose to complete the work on a cost-reimbursable basis with a fee not to exceed $2,100. someasavanisvatesai. must opportunity fmployer AUG 10 '95 08 14 OSM MPLS, MN P.3 Mr. Bruce Loney, P.E. City of Shakopee,MN August 10, 1995 Page 2 The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR SCHELEN-MAYERON CITY OF SHAKOPEE R ASSOCUTF.S, INC. - °S/V.;(-A 09-Z . Bret A. wee, P.E. CityAdministrator Project Manager, Associate c3-)j,..,...s2ga2s.. , Edward 3. DeLaForest, P;E. Clerk Vice President City Mayor Date Attachment mu x PIPOP SALVORS610S1 5 JL 07-26-1995 08:47 896 2311 FRAUENSHUH COMPANIES P.01,03 To: MR. BRUCE LONEY CITY OF SHAKOPEE Fax#: 445-6718 Re: MEMO REGARDING SARAZIN STREET SOUTH VALLEY HEALTH CAMPUS SHAKOPEE, MINNESOTA FRAUENSHUH COMPANIES Date July 26, 1995 1A(SIMII[ Pages: 3, including this cover sheet. From the desk of... Rkhwrd Woke Frauenshuh CompeMos 812/896-2922 Fax:812/896-2511 CONFID£NTbWTY NOTICE;714 DOCUMpvr(S)ACCOMMNRING THIS PAX CONTAWS CONFIDENTIAL INiC11MNT10N wMICM IS LEGALLY MWtLEOLD. 711E NYOW'MTION Q 1YTBVDED ONLY FOR THE USE OP THE NNTEnOED MOMENT NN!'IW mow.IF YOU ARE NOT THE AMENDED PECENr.YOU ARE AMERY NOTIFIED THAT THE D6LOSURS,COPYING.Dis-mm TION OR TME TAQNG of Ann ACTION IN RELIANCE ON TME CONTENTS OF THE 15.SC PIED INFORMATION corm 175 DI SCT=AIRY TO THE NTENDEO MOPelf NLAMSOMOVE 5 STRICTLY PROMITED.IF YOU MINIS PCCV 4D THS MON SPAM PLEASE NOTIFY US IMMEDIATELY SY TELEPHONE NUMBER LISTED A104 TO ARRANGE FOR RETURN OF THE OR ONAL DOCUMENT TO US. 07-26-1995 08:48 896 2311 FRAUENSHUH COMPANIES P.02/03 July 25, 1995 FRAUENSHUH COMPANIES COMMERCIAL REAL ESTATE ADVISORS Mr.Bruce Loney Public Works Director CITY OF SHAKOPEE 129 Holmes Street South Shakopee,MN 55379 RE: SARAZIN STREET Dear Bruce: This letter is a follow up to our meeting regarding the design and construction of the above referenced street. As we discussed,the participants of South Valley Health Campus have always understood that Sarazin Street would be operational by June 1996. Completing Sarazin Street by this date is critical to the operation of the campus as supported by the following: 1. St.Francis Regional Medical Center is currently scheduled to open June 1996. The loading dock,serving all of the campus participants,is on the east side of the site and is accessible only from Sarazin Street. Tractor/trailer trucks will use this dock on a regular basis and have no other route than Sarazin Street. This use is clearly delineated in our approved PUD submittals. 2. The storm water drainage system for the campus drains the east side of our site into Sarazin Street. Construction plans for our storm water system were approved by the City and installation of the system is complete. The east side of the system terminates at the Sarazin Street right-of-way and is awaiting connection. If Sarazin Street is not available by June 1996, flooding will occur. Again,this system is clearly delineated in our approved PUD drawings. 3. Both the medical office building and the long term care facility are currently under design and are scheduled for June 1996 occupancy. The long term care facility's only access is off of Sarazin Street. 4. Fire and life safety issues were a concern to everyone,especially the Planning Commission. This is one of the primary reasons Sarazin Street was drawn into the project in the early stages. If Sarazin Street is not completed, the campus will have incomplete fire access around the buildings. Our fire access roads and life safety strategies are also on the approved PUD submittals. MLNXESOTA CENTER STE.210 R 7760 FRANCE AVE.SO. • BLOOMINGTON.MN 3S435S$02 P (612)896-2322 a FAX:(611)896-2311 Fula Mmmnnr FmMnur 07-26-1995 08:48 896 2311 FRAUENSHUH COMPANIES P.03/03 July 25, 1995 Mr. Bruce Loney Page Two Bruce,as you can see,completion of Sarazin Street by June of 1996 is truly critical to the operation of the campus. As a part of our Development Agreement, we submitted petitions for roadway improvements and as such, it has been understood by everyone involved on campus that Sarazin Street will be available at the time of occupancy. I appreciate your addressing this matter immediately;it is a huge issue in our minds. If you have any questions,or if there is anything I can do to expedite the process,please call me at 896-2322. Sincerely, FRA NSHiJH • MPANIES / / i // 'chard Wicka cc: Ms. Becky Strange, St Francis Regional Medical Center Mr.Brian Weinreis,St.Francis Regional Medical Center RVW:nkb CONSENT l 3 MEMO TO: Dennis R. Kraft, City Administrator I FROM: Bruce Loney, Public Works Director /✓.41 SUBJECT: Authorization of Public Works Personnel DATE: August 10, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Staff is requesting City Council authorization to advertise for a maintenance worker in the Public Works Department. BACKGROUND: The 1995 City Budget included six maintenance workers in the Street Division of the Public Works Department. On March 31, 1995, Gerald Dircks retired from Public Works. The position has not been filled and was budgeted for the entire year. Staff is requesting that this position be filled with a full time employee and this hiring is appropriate for the following reasons: 1. The City of Shakopee is growing and has supported the position in past years. 2. Position was authorized on December 7, 1992. Attached to this memo is Appendix A showing the salary and benefit schedule for a maintenance worker in the Public Works Union. The 1995 starting salary would be $12.285/hr. or $25,552.80 per year plus benefits. ALTERNATIVES: 1. Authorize staff to advertise and hire a full time maintenance worker. 2. Do not authorize staff to advertise for a full time maintenance worker. 3. Authorize staff to advertise and hire a seasonal maintenance worker. 4. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1, as the position was budgeted for in 1995 and in previous years. ACTION REQUESTED: Move to authorize the appropriate City staff to contact Scott County Personnel Department to advertise for a maintenance worker in the Public Works Department. BL/pmp PERSONNEL „2I- ” " PUBLIC WORKS UNION 14.5 City Clerk ,v-"• APPENDIX A -.Ya ''i Salary and Benefit Schedule for Local No. 320 for 1994,x; v -51': #1 #2 #3 #4 404 Start After After After Performance 1 Yr• 3 yrs 5 yrs Bonus { Maintenance Worker $11.927 $12.648 $13 .410 $14.224 $ .50/hr *1 Mechanic $12.041 $12.751 $13.524 $14.337 $ .60/hr Acting Foreperson Assignment $ .60/hr Attle4 lFPile- chedt1ld for' Local No:, 320-for- 1995. . "'"-; #1 #2 #3 #4 Start After After After Performance 1 Yr. 3 yrs 5 yrs Bonus r_ $12.285 $13.027 $13.812 $14.650 $ .50/hr '_,� $12.402 $13.134 $13.930 $14.767 $ .60/hr . mar , L t,;: $ .60/hr Salary and Benefit Schedule for Local No. 320 for 1996 #1 #2 #3 #4 Start After After After Performance 1 Yr. 3 Yrs 5 yrs Bonus Maintenance Worker $12.654 $13.418 $14.226 $15.089 $ .50/hr Mechanic $12.774 $13.528 $14. 4C $15.210 $ .60/hr Acting Foreperson Assignment $ .60/hr s I 11 1 4rgi: MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney,Public Works Director 13, SUBJECT: Shakopee Bypass Noise Variance on Construction Activities(Second Segment) DATE: August 10, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Attached is a request from Enebak, Inc. for a variance from the City's Hourly Reconstruction on Certain Operations, Construction Activities, City Code, Section 10.60, Subdivision D, that construction activities are permitted between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. BACKGROUND: Enebak Inc. is the general contractor for the second segment of the Shakopee Bypass Project. The contractor will be starting work soon on the Shakopee Bypass from T.H. 169 to .4 miles west of CSAH 17. Enebak is proposing to Mn/DOT and the City of Shakopee to work beyond the City's ordinance and are as follows: Monday - Friday (6:45 A.M. to 10:00 P.M.) and on Saturday (6:45 A.M. to 9:00 P.M.). This segment of the Shakopee Bypass from T.H. 169 to CSAH 17 has residential developments adjacent to the roadway construction, mainly the P&V Subdivisions and Meadows Subdivisions. The Council per the City Code, may suspend the operations of Subparagraph D of Subdivision 3 in Section 10.60 for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of such suspension. The Council has granted variances for construction activities such as the Minibypass Project and the 1st segment of the Shakopee Bypass. If a variance is granted, staff would recommend the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City,the variance can be revoked at the discretion of the City Council. If Council grants a variance, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve a variance with conditions as outlined in the staff memo for the entire length of project and to allow construction at times and on days as determined by Council. 2. Approve a variance with conditions as outlined in the staff memo for the area west of C.R. 77 to T.H. 169. 3. Deny the variance. RECOMMENDATION: Staff does not have a specific recommendation as to the time extension since this is a Council policy decision. However, the Council has granted a variance in the hours of operation for the Bloomington Ferry Bridge and T.H. 169 and Minibypass Project from 6:00 A.M. to 11:00 P.M. in order for the Contractor to work double shifts. Ames Construction, Inc. on Segment 1 of the Shakopee Bypass received a noise variance from 6:00 A.M. to 11:00 P.M. by residential areas and from 5:30 A.M. to 2:00 A.M. in undeveloped areas. ACTION REQUESTED: Move to waive the noise prevention section of the City Code for Construction Activities (Section 10.60, Subd. 3D) to allow Enebak, Inc. to construct the Shakopee Bypass and to allow construction activities at times and on days as determined by Council and with conditions as outlined in the memo. BL/pmp ENEBAK AUG 10 '95 11:33AM ENEBAK CONSTRUCTION P.2/2 y, MENU CONSTRUCTION COUPON P.O.Box 458 • Northfield, Minnesota 55057 • 507-645-8962 612-333-1307 August 10, 1995 Minnesota Department of Transportation 7333 Bryant Lake Drive Eden Prairie, MN 55344 Attention: Mr. Mark Panek Regarding: SP 7005-57 TH101 Extended Working Hours Dear Mark: Enebak Construction Company is requesting a variance to the permitted hours of work for the construction of this project. It is my understanding that the permitted hours of work are: Monday - Friday 7 :00 A.M. to 10:00 P.M. Saturday 9:00 A.M. to 9 :00 P.M. Enebak Construction requests that we be allowed to start equipment to warm engines, oils, and other fluids at 6:45 A.M. and begin construction activities at 7 :00 A.M. all Monday through Saturday. Enebak has a complete line of late-model modern equipment, well equipped with mufflers and exhaust systems. I believe that for the most part, work in the City of Shakopee will be excavating below the existing grade, thereby creating a natural noise barrier. If you have any questions, please give me a call. Thank you. • AktilLA; Kevin W. Hachfeld Project Manager "An Equal Opportunity Employer" 0 l C1 l5.Q MEMO TO: Dennis R. Kraft, City Administrator FROM: John H. DeLacey, Engineering Tech. III " SUBJECT: Downtown Alleys Change Order No. 2 Project No. 1993-9 DATE: August 10, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Staff is seeking Council authorization of Change Order No. 2 for the Downtown Alleys Project No. 1993-9. BACKGROUND: At their April 4, 1995 meeting, City Council awarded the Downtown Alleys Project No. 1993-9 to the sole bidder, Killmer Electric in the amount of$502,971.85. This project did not include the service work to the individual properties. It was staffs feeling that by bidding the service work separately we would achieve a lower price for the main duct bank work. In the alleys, as City Council is aware, the initial bid in 1994 was rejected due to the fact that there was only one bidder and the bid was approximately 30% over the Engineer's estimate. Killmer Electric was the sole bidder at that time also. The Engineering Department has subsequently requested and received a proposal from Killmer Electric to perform the undergrounding of the electrical service lines to the individual properties in the Downtown Alley Project. Their quote is attached for Council review of$93,921.03, of the total quote $77,534.17 is for electrical work and $16,386.86 is for site restoration. The Engineer's estimate for the electrical work is $65,000.00 and was not a detailed estimate as detailed information was not available at that time. There is no Engineer's estimate on the site restoration work as this was lumped into the original estimate for the entire site improvements. Staff has reviewed this proposal and feels that it is a good bid. City staff has contacted U.S. West and Paragon Cable about the possibility of going in a joint trench. This will keep the construction to a minimum and will result in a cost sharing of the trench excavation and the site restoration. When the City Council awarded this contract to Killmer Electric, they also authorized a 10% contingency amount or approximately $50,000.00. Because this work exceeds this amount, Engineering is seeking Council authorization for Change Order No. 2. ALTERNATIVES: 1. Authorize Change Order No. 2 in the amount of $93,921.03. 2. Direct staff to seek additional bids. 3. Do Nothing. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to approve Change Order No. 2 in the amount of $93,921.03 for the Downtown Alleys Project No. 1993-9. JHD/pmp CO2 CHANGE ORDER NO . 2 DOWNTOWN ALLLEYS CITY OF SHAKOPEE, PROJECT NO. 1993-9 UNIT TOTAL N� DESCRIPTION QTY. UNITS PRICE PRICE 1 2" PVC Conduit on Bldg. (SCH80) 80 L.F. $ 7.72 $ 617.60 2 2" PVC Conduit(SCH40) 2143 L.F. $ 4.63 $ 9,922.09 3 2" PVC Conduit(SCH80) 228 L.F. $ 5.39 $ 1,228.92 4 2 1/2" PVC Conduit (SCH40) 25 L.F. $ 5.86 $ 146.50 5 2 1/2" PVC Conduit(SCH80) 6 L.F. $ 6.54 $ 39.24 6 3" PVC Conduit (SCH40) 607 L.F. $ 6.68 $ 4,054.76 7 3" PVC Conduit(SCH80) 104 L.F. $ 7.66 $ 796.64 8 4" PVC Conduit(SCH40) 663 L.F. $ 7.70 $ 5,105.10 9 4" PVC Conduit(SCH80) 60 L.F. $ 9.20 $ 552.00 10 Secondary 1/0 Wire 2845 L.F. $ 1.75 $ 4,978.75 11 Secondary 4/0 Wire 8855 L.F. $ 2.55 $ 22,580.25 12 Secondary 250 KCMIL Wire 8501 . L.F. $ .3.14 $ 26,693.14 13 Secondary#2 Wire 738 L.F. $ 1.11 $ 819.18 14 6" Class#5 (100% Crushed Limerock) 756 S.Y. $ 4.73 $ 3,575.88 15 2" Bit. Patching (2341 Mod.) 273 S.Y. $ 15.75 $ 4,299.75 16 4"Concrete Patching 384 S.F. $ 5.15 $ 1,977.60 17 6" Concrete Patching 184 S.F. $ 7.25 $ 1,334.00 18 Concrete Steps 5 S.F. $ 9.35 $ 46.75 19 Bituminous Sawcut 716 L.F. $ 1.58 $ 1,131.28 20 Concrete Sawcut 41 L.F. $ 2.00 $ 82.00 DOWNTOWN ALLLEYS CITY OF SHAKOPEE, PROJECT NO. 1993-9 UNIT TOTAL NQ. DESQRIPTION OTY, UNITS PRICE PRICE • 21 Remove 4"Concrete Pavement 384 S.F. $ 1.05 $ 403.20 22 Remove 6"Concrete Pavement 184 S.F. $ 1.58 $ 290.72 23 Remove Bituminous Pavement 273 S.Y. $ 2.36 $ 644.28 . 24 Sodding w/4"Topsoil 207 S.Y. $ 4.20 $ 869.40 25 1 1/?Decorative Limerockw/Plastic 123 S.F. $ 3.00 $ 369.00 26 1 1/2"Decorative Fieldstone w/Plastic 21 S.F. $ 3.00 $ 63.00 27 Remove-Reinstall Decorative Rip-Rap 45 S.F. $ 8.00 $ 360.00 28 Remove-Reinstall Bush 3 EA. $ 100.00 $ 300.00 29 41'Core Thru Foundation 4 EA. $ 160.00 $ 640.00 - $ 93.921.03 SUBMITTED BY: Killmer Electric Co. , Inc. ./ SIGNED BY: i 7.1.;---41 -2.----- - Rayalmer, Vice President • rl‘ v \i/ lis / '/ ,\/ MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Termination of Probationary Status - Bruce Loney DATE: August 10, 1995 BACKGROUND: Bruce Loney started working for the City on February 6, 1995 at Step 1 of the 1995 Pay Plan as the Public Works Director/City Engineer. His six month probationary period has been completed satisfactorily. It is recommended that his probationary status be terminated and that he be given a salary adjustment to Step 2 of the Pay Plan. ALTERNATIVES: 1. Terminate Bruce Loney's probationary status and adjust his salary to Step 2 of the 1995 Pay Plan. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Bruce Loney's probationary status and adjust his salary to Step 2 of the 1995 Pay Plan. CONSENT / MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer Pis/1j SUBJECT: Approval of Plans and Specifications for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 DATE: August 11, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Attached is Resolution No. 4276, a resolution approving plans and specifications and ordering advertisement for bids for Vierling Drive from County Road 79 to County Road 77, Project No. 1995-6. BACKGROUND: On May 16, 1995, the City Council adopted Resolution No. 4193 which ordered the improvement of Vierling Drive and the preparation of plans and specifications for the project. Staff has completed the Vierling Drive design, and plans are available in the City Engineer's office for Council review. The construction of Vierling Drive was petitioned for by Gold Nugget Development in the developer's agreement for the Meadows West 2nd Addition Plat. The developer has agreed to install the sanitary sewer and watermain in the Vierling Drive right of way, and the City will construct the storm sewer and roadway with Project No. 1995-6. Gold Nugget has already awarded a contract for the Vierling Drive utility work, and anticipates that the work will be completed prior to the City contractor beginning Vierling Drive roadway construction. The construction plans for Vierling Drive include roadway and storm sewer which was designed in house by City Staff, and a box culvert which was designed by Orr-Schelen- Mayeron & Assoc. (OSM). The City Council has also authorized OSM to design improvements to the bike trail located adjacent to Vierling Drive in the Upper Valley Drainageway. These plans are not yet completed, and these improvements have not been included in this project. Staff is anticipating utilizing the contractor who is awarded the contract for Vierling Drive to construct any improvements to the bike trail which are approved by Council. Staff is planning on opening bids for this project on September 14, 1995, and presenting the bids to the City Council on September 19, 1995. h:\council\mem4276.mo ALTERNATIVES: 1. Adopt Resolution No. 4276. 2. Deny Resolution No. 4276. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4276, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6, and move its adoption. h:\council\mem4276.mo RESOLUTION NO. 4276 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS,pursuant to Resolution No. 4193 adopted by City Council on May 16, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of Vierling Drive, from County Road 79 to County Road 77 by addition of pavement, curb & gutter, storm sewer, sidewalk and appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: • City Clerk Approved as to form: City Attorney 4+- y 6Y MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director at, SUBJECT: Fuller Street from 10th Avenue to Vierling Drive,Project No. 1995-8 DATE: August 15, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Attached is Resolution No. 4277, which accepts the bids and awards the contract for Project No. 1995-8, Fuller Street from 10th Avenue to Vierling Drive. BACKGROUND: On July 18, 1995,the City Council of Shakopee ordered the advertisement for bids on the Fuller Street Project No. 1995-8. This project consists of constructing a State Aid street from 10th Avenue to Vierling Drive which is the north of the Mn/DOT Shakopee Bypass construction limits on County Road (C.R.) 77. Currently, Scott County is constructing C.R. 77 from the south matchline of the Shakopee Bypass Project to C.R. 78. C.R. 77 has been realigned to connect with Fuller Street and will also provide access to the Civic Center Funding of the project is a combination of Municipal State Aid Funds, County Funds, and assessments. On August 15, 1995, sealed bids were received and publicly opened for the project. A total of five bids were received and are summarized in the attached resolution. The low bid was submitted by Richard Knutson, Inc. with a total bid of$493,526.94. The Engineer's estimate for this project was approximately $581,000.00. Fuller Street bid costs along with related Civic Center bid costs in the Fuller Street Improvement Project are as follows: Fuller Street Bid $493,526.94 Grading (Civic Center) $ 24,088.00 Watermain(Civic Center) $ 71,100.00 Storm Sewer(Civic Center) $ 37,700.00 Pond Excavation(Civic Center) $ 30.000.00 Construction Total $656,414.94 Plus 10% Contingency $ 65,414.94 Plus 25%Engr/Admin. Fees $180,457.47 GRAND TOTAL $902,287.35 Feasibility cost estimate for Fuller Street improvements and related improvements on the Civic Center site was $892,261.30. Staff is also requesting that the City Council authorize a contingency amount equal to 10% of the contract to cover minor change orders or quantity adjustment that may occur on this project. Prior to awarding the bid, the City of Shakopee is required to receive Mn/DOT State Aid approval of the plans in order to utilize State Aid Funds on the project. The resolution includes a provision that the award of bids is contingent upon Mn/DOT State Aid approval of the plans. Mn/DOT State Aid approval is expected within a few days. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4277, awarding the contract to Richard Knutson, Inc. contingent upon Mn/DOT State Aid plan approval. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award this bid to Richard Knutson, Inc. for a total amount of$493,526.94, contingent on Mn/DOT State Aid plan approval. ACTION REQUESTED: 1. Offer Resolution No. 4277, A Resolution Accepting Bids on Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8 and move its adoption. 2. Approve a contingency in the amount of 10% of the contract for use by the City Engineer in authorizing change orders and quantity adjustments on this project. BL/pmp MEM4277 RESOLUTION NO. 4277 A Resolution Accepting Bids On Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8 WHEREAS, pursuant to an advertisement for bids for Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8,bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Richard Knutson,Inc. $493,526.94 Barbarossa& Sons $527,127.85 Northdale Const. $535,277.57 Hardrives,Inc. $573,892.10 Midwest Asphalt $599,232.03 AND WHEREAS, it appears that Richard Knutson, Inc., 12585 Rhode Island Ave. S., 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 Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk contingent upon Minnesota Department of Transportation State Aid Office plan approval. 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 4+ 14 a MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney,Public Works Director a SUBJECT: 1995 Pavement Preservation Program Project No. 1995-10 DATE: August 14, 1995 COUNCIL MEETING DATE: August 15, 1995 INTRODUCTION: Attached is Resolution No. 4278, which accepts the bids and awards the contract for Project No. 1995-10, crack sealing and seal coating of streets for the Pavement Preservation Program in the Street Division Budget. BACKGROUND: The 1995 Budget included $90,000.00 for pavement preservation work such as seal coating and crack sealing. On July 18, 1995, City Council ordered the advertisement for bids on the 1995 Pavement Preservation Program which included both crack sealing and seal coating of bituminous pavements. On August 11, 1995, sealed bids were received and publicly opened for this project. Two bids were received and are summarized in the attached resolution and as follows: CONTRACTOR TOTAL BID AMOUNT Allied Blacktop Co. $83,125.00 Astech Corp. $85,240.00 The Engineer's estimate for the project was $81,875.00. Approximately 167,000 square yards of pavement will be seal coated and 22,500 lineal feet of cracks will be crack sealed with this project. The 1995 Budget for pavement preservation is $115,00.00 and included sidewalk maintenance as well as seal coating and crack sealing. Due to the lateness of the year already and the engineering workload, it is recommended not to do a sidewalk maintenance project this year. The cost of Project No. 1995-10 at the bid award amount plus 10% contingency and 10% engineering would be $100,581.25. The Public Works Department will be performing the necessary bituminous patching of streets prior to a seal coat and the street sweeping before and after of the seal coat. Street sweeping costs if included in the bid would have been an estimated additional $9,000.00. Staff is also requesting that the City Council authorize a contingency amount equal to 10% of the contract to cover minor change orders or quantity adjustments that may occur on this project. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4278, awarding the contract to Allied Blacktop Co. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the bid to Allied Blacktop Co. ACTION REQUESTED: 1. Offer Resolution No. 4278, A Resolution Accepting Bids on the 1995 Crack Sealing and Seal Coating Programs, Project No. 1995-10 and move its adoption. 2. Approve a contingency in the amount of 10% of the contract for use by the City Engineer in authorizing change orders and quantity adjustments on this project. BL/pmp MEM4278 RESOLUTION NO. 4278 A Resolution Accepting Bids On The 1995 Crack Sealing And Seal Coating Programs Project No. 1995-10 WHEREAS, pursuant to an advertisement for bids for the 1995 Crack Sealing and Seal Coating Programs, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Allied Blacktop Co. $83,125.00 Astech Corp. $85,240.00 AND WHEREAS, it appears that Allied Blacktop Co., 10503 89th Avenue N., Maple Grove, MN 55369 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 Allied Blacktop Co. in the name of the City of Shakopee for the 1995 Seal Coating and Crack Sealing Program, Project No. 1995-10, 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 CONS \çç ; / 1 To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Subject: VIP Assessment Roll Modification Date: 08/2/95 Introduction The City has been advised that cemeteries are exempt from assessments. Background The cemetery on Tenth Ave was included in the assessment roll for the VIP Extension because of the undeveloped area to the south. Staff has been informed the cemeteries are exempt from the assessment and the City Attorney has confirmed this. Also, the assessment roll need to be modified due to the approval of the waiver of assessments for Mr. Denstedt in the P and V Addition. The VIP Connection charge will also be waived for Mr. Denstedt. Action Requested Offer Resolution No. 4268 A RESOLUTION AMENDING RESOLUTION No. 4223, A RESOLUTION ADOPTING ASSESSMENTS FOR THE V.I.P. INTERCEPTOR EXTENSION FROM COUNTY ROAD 79 TO THE WEST CORPORATE LIMITS, RAHR FORCEMAIN AND THE RAHR MALTING SERVICE LINE PROJECTS NO'S. 1992-9, 1993-1 AND 1994-8, and move its adoption. RESOLUTION NO. 4268 A RESOLUTION AMENDING RESOLUTION NO. 4223 A RESOLUTION ADOPTING ASSESSMENTS FOR THE V.I.P. INTERCEPTOR EXTENSION FROM COUNTY ROAD 79 TO THE WEST CORPORATE LIMITS, RAHR FORCEMAIN AND THE RAHR MALTING SERVICE LINE PROJECTS NO'S. 1992-9, 1993-1 AND 1994-8 Whereas, the assessment roll for the VIP Extension did include parcel 27- 116002-0 owned by the Catholic Cemeteries and parcel 27-196006-0 owned by Norman Denstedt, and Whereas, cemeteries are exempt from assessment, and Whereas, Shakopee City Council has approved a waived for Norman Denstedt in the same from as other waivers in the P&V Addition limiting special assessments, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, that the assessment roll for the VIP Extension adopted by Resolution No. 4223 is hereby amended to delete parcel 27-116002-0 and to mark the assessment for parcel 27-196006-0 the same as other parcels in P&V Addition that had signed waivers. 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: Approved as to form: City Clerk City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Nancy J. Emerson, Planning Intern RE: Amendment to Resolution No. 4253 Orchard Park First Addition DATE: August 4, 1995 Introduction: At the July 18, 1995, meeting, the City Council approved the Final Plat for Orchard Park First Addition. Staff recently noticed an error in the Resolution No. 4253 for Orchard Park First Addition. A request for an amendment to the Final Plat has been submitted. Background: Laurent Builders received approval for the Final Plat for Orchard Park First Addition on July 18, 1995. Phase one contains 23 single family lots and 10 lots developable with 2 family homes. The approved subdivision covers 31.9 acres, and is located east of CR 77 and south of Vierling Drive. (See Exhibit A for location of the plat.) Discussion: An amendment is being requested for the addition of a VIP connection fee of$17,372.53 that must be paid before the final plat is recorded. The fee should have been listed as a requirement in the developer's agreement but was omitted in error. Alternatives: 1. Approve the requested amendment to add a VIP connection fee of$17,372.53. 2. Deny the requested amendment. 3. Continue the request for more information from staff and/or the developer. Staff Recommendation: Staff recommends approval of the request for an amendment to the Final Plat for Orchard Park First Addition(Alternative No. 1), which would add that"The developer shall pay a VIP connection fee of $17,372.53 that must be paid before the final plat is recorded", subject to the original conditions. The attached Resolution includes a condition requiring the VIP connection fee. Action Requested: Offer a motion to approve Resolution No. 4269 which would amend Resolution No. 4253 by adding a VIP connection fee of$17,372.53, and move its approval. RESOLUTION NO. 4269 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4253,APPROVING THE FINAL PLAT OF ORCHARD PARK, FIRST ADDITION. WHEREAS, the City Council of the City of Shakopee did recommend approval of the • Preliminary Plat for Orchard Park on October 4, 1994, and the Final Plat for Orchard Park, First Addition on July 18, 1995. 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, MINNESOTA, as follows: That the Final Plat for Orchard Park, First Addition, described on Exhibit B, attached hereto and incorporated herein, is hereby approved, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer system shall be in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The park dedication fees shall be deferred without interest on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. Prior to approval of the final plat, final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the final drainage plan. j. The developer shall be responsible for the installation of a berm or other improvements as identified by MNDOT and required by ordinance, to mitigate noise impacts from the new Bypass highway. k. The developer shall pay a VIP connection fee of$17,372.53 that must be paid before the final plat is recorded. 3. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 4. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 5. The developer shall submit a revised final plat drawing, prior to recording, with the following revisions and additions: a. The extension of Appleblossom Lane to the edge of the subdivision. b. Re-numbering of lots in a clear and consecutive manner c. Dedication easement for Pond A d. Grading Plan for Engineering review e. Inclusion of pond in Phase 1 6. Temporary access has been given from County Road 77. Permanent access rights shall be limited by dedicating to the City the access rights in an access agreement. 7. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. 8. Sidewalks and/or trails shall be constructed in accordance with City design standards along the east side of County Road 77. • 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 iS �;��� 1rii� tt* �Ele tt�� � n���t�t��t� °��t° `fit alit. ���►�e���� ��►t►o o�uta still trillti atta al Exhibit A to ia� ttaluggas att1 .aR�.po1Y U►1'! ai.__ .... It. �,.� am tt� of 111 sue 11.611 ° °ttts nil °iiia -: .: -. �apUe �. � R 2 1`°a a�„�aTv vino 1!110 p1�17 a 1t !a ~ I. i — X111 il+ Ila 31111 '- °:�� �'E��� '�" I�i11 Q�LI� tt11 1111D rat ,1�� 1L'r_ - �Itt'! D1 1l!'�t "�` �""- ti - - flat g117 9111p r tt 11 Qtit7 • :tt/14 w01 11111 501 ��,11 tll� s1tt1 '1111 11611 Ui'! . 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I 1 B r O Ion . gi:iiiimaranown Illi 18811.8/1 III , Erg%%4144444miiiiiminomm...j i!'...:ii.:!ii!1::.:.:::!:lin::'::""i::i].:.:*i:::M];:ii::Ii-;i::.: in?,iiinI 110111.1.1 ■ ni• ii.i t Site location Exhibit B Legal Description: That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 115, Range 23 lying easterly and northerly of the following described line; Commencing at the Northwest corner of said Southwest Quarter of the Southeast Quarter;thence South 84 degrees 26 minutes 44 seconds East, assumed bearing, along the north line of said Southwest Quarter of the Southeast Quarter a distance of 50.29 feet to the right-of-way line of Parcel 51 A,Minnesota Department of Transportation Right Of Way Plat No. 70-20, and the point of beginning of the line to be described;thence South 00 degrees 34 minutes 55 seconds West, along said right-of-way line, a distance of 826.75 feet;thence South 09 degrees 06 minutes 44 seconds East a distance of 202.24 feet;thence South 57 degrees 38 minutes 18 seconds East a distance of 168.43 feet;thence North 89 degrees 48 minutes 51 seconds East a distance of 500.00 feet;thence North 65 degrees 35 minutes 12 seconds East a distance of 219.32 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 401.67 feet;thence North 89 degrees 45 minutes 34 seconds East a distance of 16.29 feet to a point on the east line of said Southwest Quarter of the Southeast Quarter and there terminatingy. pzu ) S eU Memo To: Dennis Kraft, City Administrator From: Nancy Emerson, Planning Intern Date: August 15, 1995 Re: Orchard Park VIP Connection Charge Introduction The decision Council makes regarding item 13d, the VIP connection charge for outlots, may create a need for an amendment to Resolution No. 4269 approving the Final Plat of Orchard Park, First Addition allowing for the collection of charges at different times. Background and Discussion Resolution No. 4269 is a resolution amending resolution no 4253, approving the final plat of Orchard Park, First Addition. The VIP connection charge is being proposed as $17,372.53 for the entire plat. If the Council desires to delay the collection of charges for outlot areas, then the proposed Resolution No. 4269 should be further amended before adoption. The following may be placed into Resolution No. 4269 for the VIP collection amendment. k. The developer shall pay$6,478.22 for the VIP sewer connection charge of the platted area. The VIP sewer connection charge of$10,894.31 for the outlot area shall be collected at such time as the outlot is replatted. Alternatives 1. Adopt the amended Resolution No. 4279 to add a VIP connection fee of$17,372.53. 2. Adopt the amended Resolution No. 4279 with an amendment to section 2.k. stating "The developer shall pay $6,478.22 for the VIP sewer connection charge of the platted area. The VIP sewer connection charge of$10,894.31 for the outlot area shall be collected at such time as the outlot is replatted." 3. Deny the requested amendment, adding a VIP connection charge, stating the reasons for denial. 4. Table the decision, and request additional information from the applicant and/or staff. Action Requested If Council approves item 13d and allows the delay in the collection of VIP charges for outlot areas, then: 1) Offer Resolution No. 4279 to add a VIP connection fee of$17,372.52, and 2) Amend Resolution 4279, 2k to read "The developer shall pay $6,478.22 for the VIP sewer connection charge of the platted area. The VIP sewer connection charge of$10,894.31 for the outlot area shall be collected at such time as the outlot is replatted." CONSENT icy Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planning Intern Date: August 15, 1995 Re: Amendment to the Official Zoning Map and Zoning Ordinance Text Amendment for the Removal of the Mandatory Planned Unit Development(PUD)Overlay District Introduction: The City of Shakopee is requesting a text amendment to Section 11.50, Subd. 2(A), regarding the requirement of the Mandatory Planned Unit Development (PUD) Overlay District. The City of Shakopee is also requesting that the Official Zoning Map be amended to remove the Mandatory Planned Unit Development (PUD) Overlay District. A copy of the August 3, 1995, Planning Commission staff report has been attached for your reference. Discussion: In 1986, the City Council adopted the Racetrack Land Use Study, which recommended the creation of the Mandatory Planned Unit Development (PUD) Overlay District. The purpose of this district was to encourage the planning of larger land areas with maximum compatibility and to allow each development proposal to be evaluated by the City on its own merits. With the creation of the Major Recreation (MR) Zone and the completion of the draft 1995 Comprehensive Plan, the City has put in place controls that should be sufficient to meet the goals of the original study, and are much less likely to be subject to legal challenge. Alternatives: 1. Approve the proposed text amendment to City Code 11.50, Subd. 2(A)and the proposed Official Zoning Map amendment to remove the Mandatory Planned Unit Development(PUD) Overlay District. 2. Do not approve the proposed text amendment to City Code 11.50, Subd. 2(A)and the proposed Official Zoning Map amendment to remove the Mandatory Planned Unit Development(PUD)Overlay District. 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 proposed text amendment to City Code 11.50, Subd. 2(A) and the proposed Official Zoning Map Amendment to remove the Mandatory Planned Unit Development(PUD) Overlay District. 1 Action Requested: Offer Ordinance No. 424, An Ordinance Approving the Amendment to City Code 11.50, Subd. 2(A) to delete all language referring to the Mandatory Planned Unit Development (PUD) Overlay District and the Amendment to the Official Zoning Map to remove the Mandatory Planned Unit Development (PUD)Overlay District, and move its adoption. 2 ORDINANCE NO. 424, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11.03, ZONING MAP, AND SEC. 11.50, PLANNED UNIT DEVELOPMENT OVERLAY ZONE (PUD), SUBD. 2, AREAS COVERED, BY DELETING THE MANDATORY PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ZONE. WHEREAS, the zoning ordinance currently requires that a planned unit development be prepared for certain property located within certain areas designated the zoning map as mandatory planned unit development zones; and WHEREAS, the Planning Commission has recomnended the deletion of the mandatory planned unit development zone. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Sec. 11.03, Zoning Map, is hereby amended by deleting the mandtatory planned unit development overlay zone from the zoning map. Section 2 - That City Code Section 11.50, Planned Unit Development Overlay Zone (PUD), is hereby amended by repealing Subd. 2.A, Areas Covered, and adopting one new paragraph in lieu thereof, which shall read as follows: A. The planned unit development overlay zone may be applied within any zone. planned unit development. The use of the planned unit development overlay zone in all other areas is optional. Note: The stricken language is deleted. Section 3 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Sec. 11.99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 4 - 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. Memo To: Shakopee Planning Commission / From: Julie Baumann, Planning Intern A f Meeting Date: August 3, 1995 Re: Amendment to the Official Zoning Map and Zoning Ordinance Text Amendment for the Removal of the Mandatory Planned Unit Development (PUD) Overlay District. Introduction The City of Shakopee is requesting a text amendment to Section 11.50, Subd. 2 (A), regarding the requirement of the Mandatory Planned Unit Development (PUD) Overlay Zone. The City of Shakopee is also requesting that the Official Zoning Map be amended to remove the Mandatory Planned Unit Development (PUD) Overlay District. Exhibit A displays the areas on the zoning map that are included within the Mandatory Planned Unit Development (PUD)Overlay District. Considerations In 1986, the City Council adopted the Racetrack Land Use Study. This study recommended the creation of the Mandatory Planned Unit Development (PUD) Overlay District. The purpose of this district was to encourage the planning of larger land areas with maximum compatibility and to allow each development proposal to be evaluated by the City on its own merits. With the preparation of the draft 1995 Comprehensive Plan and the creation of the Major Recreation zone, the City has put in place controls that should be sufficient to meet the goals of the original study. In addition, the new controls are much less likely to be subject to legal challenge. The City is proposing that the Mandatory Planned Unit Development (PUD) Overlay District be removed from the Official Zoning Map, and that the text of Section 11.50, Subd. 2 (A) be revised to delete all language referring to the Mandatory Planned Unit Development(PUD)Overlay District. Exhibit B shows the Zoning Ordinance text of Section 11.50, Subd. 2 (A) as it currently reads. The text that has a strike through it is proposed to be deleted. Findings According to City Code 11.83 Subd. 2 the City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criteria#1 That the original Zoning Ordinance is in error; Finding#11 The original Zoning Ordinance is in error. The implementation of the • Mandatory Planned Unit Development (PUD) Overlay District is of questionable legality. 1 • Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 A change in policy has occurred. The Mandatory Planned Unit Development (PUD) Overlay District was approved to allow the City time to plan for the development of the area. Since the approval of the Mandatory Planned Unit Development (PUD) Overlay District, planning for the area has occurred. With the creation of the Major Recreation district, the City has put in place controls that should be sufficient to meet the goals of the original study. The new controls are much less likely to be subject to legal challenge. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 The Mandatory Planned Unit Development (PUD) Overlay District was put in place due to the anticipation of considerable commercial development around the racetrack area. This anticipated growth has not evolved. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The draft 1995 Comprehensive Plan does not provide any provisions for a Mandatory Planned Unit Development(PUD)Overlay District. Section 11.04, Subd. 7 of the City Code states that amendments changing the boundaries (map amendments) or regulations of any existing district shall not be.issued indiscriminately, but shall be based on findings or criteria including, but not limited to, the criteria listed below: Criteria#1 The original zoning ordinance was in error. Finding#1 Same as Finding#1 above. Criteria#2 Significant changes in community goals and policies have taken place. Finding#2 Same as Finding#2 above. Criteria#3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding#3 Same as Finding#3 above. Criteria#4 The amendment is necessary to implement the Comprehensive Plan's growth management program. 2 Finding#4 The removal of the Mandatory Planned Unit Development(PUD)Overlay District would not be in conflict with the Comprehensive Plan's growth management program and may further implement the draft 1995 Comprehensive Plan objective 4.2 (F), which encourages infill development. Alternatives 1. Recommend to the City Council the approval of the proposed text amendment to City Code 11.50, Subd. 2 (A) and the proposed Official Zoning Map amendment to remove the Mandatory Planned Unit Development(PUD)Overlay District. 2. Recommend to the City Council that the portion of Zoning Ordinance 11.50, Subd. 2 (A) and the Official Zoning Map not be amended. 3. Continue the public hearing and request additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council that Section 11.50, Subd. 2 (A) and the Official Zoning Map be amended, and move its approval. 3 • r' J/ til.... ill' ,),_ .e. a.. „...„: .. --1.,:lo....1z7-7„,...,-,ir-4,\-. 1 6)-1' p..,:.,--)--,.. ..--.9,:ii.'....:,.... ...,...$'44 .....u1\ I c, /:1/ l //7/ 1,),46, 0' -V.1••:.4...':1,:•4244-ii0 :......-, lir ...•i ,..,•••45.,•4.,,,...,: I 4. •,..:•'.•:,•„pot ..:,.04 . .,".••ra . • 7 , :: tom,.....::',;.'f°....0..„,.. .,..,..'. - .:.,;,. '..- , \00-1`1.1.i. c . o z . ..,.. .1:,-.4-,..,. .;:tv: .‘..!-.,,,,,:,10...-.,.... ,.,'--. ,Ad\ c t.1 o III, pl-,,:,,,,,....,,,t44t.„,.. 1,.....,,,......,,p,:i.11, _ 4( 04 a ¢ / / 3NIl Haltl • C \ li ( ,\ iiik, � 1 ,A ,„,,,,___L , . , ,,-_,I 4,.‘, , 'ay • • II N 1 ': _ 1 . id CL , m ys / • CD r c: .A __ .4•1/4/. _ 13/i t 7.1•1•.. . .... . .. 4.,,. ''r, - `aI d Aid .J . / s -1i= - EXHIBIT B SEC. 11.50. PLANNED UNIT DEVELOPMENT OVERLAY ZONE (PUD). Subd. 1. Purpose. It is the purpose of the planned unit development overlay zone (PUD) to encourage innovation, variety and creativity in site planning and architectural design; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors. Subd. 2. Areas Covered. A. The planned unit development overlay zone may be applied within any zone. ' •- • - -- - : - - - • • • B. The Planning Commission may require that any or all contiguous land owned by the applicant be included in a planned unit development when necessary to meet the purpose of this zone. 7.111111111.11.11111111.1111r77:- +uRtC l 110 _ ( -�--� y . illii.a-ii {�MM�Mi�r{r?06:>� ���,','^'i":S:":�;'^is ::' :E,:: •...i.ihil.P.'..ii.J �III.. 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' - . N O z � 4. i:(t1)11.1i.:111.:111:11:::i.11:1.:111:1!ii: � z I 111,.T4,1,1 1.1.1..iiiiiiiii.:111.1.1:il..1:1111!;if!ii .::;:i*::i*::::::::.• 1 c� 7 o 00 1\ 133 / i CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner at.:d Date: January 23, 1995 RE: Renaming of a Street in an Existing Plat Introduction After the recording of the plat for Homestead Ridge 2nd Addition, it became apparent to staff that streets within the plat required name changes. Background The conditions for approval for the Final Plat for Homestead Ridge 2nd Addition included the renaming of three streets. The street proposed to be named "Homestead Way" was to be renamed "Homestead Street; the cul-de-sac located in the southern portion of "Homestead Street" was to be named "Homestead Court"; and the stub street measuring approximately 150 feet in length and located adjacent to the cul-de-sac at the southern portion of "Homestead Street"was to be named "Wagon Wheel Circle". However, the Final Plat was recorded without these revisions to the drawings. Alternatives 1. Rename "Homestead Way" to "Homestead Street"; name the cul-de-sac "Homestead Court"; and name the stub street "Wagon Wheel Circle". 2. Do nothing. 3. Table the issue and request additional information from staff. Recommendation Staff recommends Alternative No. 1. Action Requested Offer Ordinance No. 425 an Ordinance of the City of Shakopee, Minnesota, Renaming Certain Streets Lying within Homestead Ridge Second Addition, and move its adoption. {I:\PLANNING\PC-BOAA\1995\0803\STREETNA.815) ORDINANCE NO.425, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, RENAMING CERTAIN STREETS LYING WITHIN HOMESTEAD RIDGE SECOND ADDITION. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - Homestead Way, described below, is hereby renamed Homestead Street. All of Homestead Way lying north of Wagon Wheel Circle within Homestead Ridge Second Addition. Section 2 - The stub street, described below, is to be named Wagon Wheel Circle All of the stub street measuring approximately 150 feet in length and located adjacent to the cul-de-sac at the southern portion of Homestead Street lying within Homestead Ridge Second Addition. Section 3 - The cul-de-sac, described below, is hereby named Homestead Court. All of the cul-de-sac located south of Wagon Wheel Circle and lying within Homestead Ridge Second Addition. Section 4 - 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. #15a , MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Engineering Secretary - Employment Status Change DATE: August 14, 1995 INTRODUCTION: In conjunction with the 1994 Budget,the Engineering Department Secretary position classification status was changed from part time to full time. However, official City Council action authorizing the position status change never occurred. Staff would like to request City Council action officially authorizing the aforementioned status change. BACKGROUND: In conjunction with the approval of the 1995 Labor Agreement By and Between the City of Shakopee and the Office, Technical and Custodial Bargaining Unit staff intended to clean-up several house keeping items. One of the items related to the Engineering Secretary position as noted above. Since 1994, the Engineering Secretary position classification has been filled in a full time capacity. Official City Council action authorizing the status change never occurred. This was an over sight by staff. Staff is seeking Council approval to officially change the employment classification status of the Engineering Secretary from part time to full time retroactive to January 1, 1994. ACTION REQUESTED: 1. Authorize the employment status change for the Engineering Secretary position classification from part time to full time retroactive to January 1, 1994. 2. Do not authorize the position classification status change for the Engineering Secretary position at this time. 3. Table action pending further information from staff. 1 STAFF RECOMMENDATION: Staff recommends alternative No. 1. ACTION REQUESTED: Authorize the employment status change for the Engineering Secretary position classification from part time to full time retroactive to January 1, 1994. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: COPS Universal Hiring Program DATE: 08 14 95 INTRODUCTION: Council authorization is requested to submit a hiring request for the purpose of expressing interest in participating in the COPS Universal Hiring Program. BACKGROUND: Earlier this year, Shakopee received a grant of $75, 000 to pay up to 75% of the cost of hiring a police officer under the Violent Crime Control and Law Enforcement Act of 1994. The grant was administered through the Office of Community Oriented Policing Services, Funding Accelerated for Smaller Cities (COPS FAST) . The next series of grants for which Shakopee is eligible is the COPS Universal Hiring Program. Agencies who received grants through COPS FAST are not required to submit a new application for additional officers under the Universal Hiring Program. As a recipient of a COPS FAST Grant, Shakopee has been contacted to see if the City is interested in participating in the Universal Hiring Program. Expressing interest keeps the City in the program, it does not constitute a commitment to accept a grant or hire anyone. If the City chooses to participate, as much as $75,000 a year could be awarded to pay up to 75% of the cost of hiring new officers. If the City is interested in participating in the COPS Universal Hiring Program, the COPS Office must be notified by 08 31 95. ALTERNATIVES: 1. Notify the COPS Office that the City is interested in participating in the COPS Universal Hiring Program. 2. Take no action. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate City Officials to notify the Office of Community Oriented Policing Services that Shakopee is interested in participating in the COPS Universal Hiring Program. � � U.S Department alliance`r../J Office of Communay OrientedPolicmgServiees Office of Community Oriented Policing Services Universal Hiring Program Overview improve the quality of life in America. The community is an active partner with police in The United States Department of Justice, Office defining the problems that are addressed, the of Community Oriented Policing Services(COPS) tactics used,and the measurement of success. has the responsibility of implementing certain provisions of the Public Safety Partnership and Community policing brings the police and the Community Policing Act of 1994. Under this law, community into a closer working relationship. It the COPS Office will provide grants and technical calls for greater citizen responsibility, and assistance to increase police presence,to improve opportunity for citizens to contribute individually police and community partnerships designed to and collectively to public safety and quality of life. address crime and disorder,and to enhance public At the same time, it enhances police safety. These partnerships will enable localities professionalism by giving officers the skills, to develop new and innovative approaches to technology,and motivation to act innovatively to solving community problems. A wide variety of solve community problems. Community policing policing programs will be supported under this law in many cases also calls for a restructuring of police through the year 2000. agencies and refinement of their management techniques to allow the fullest use of department This application kit is only for jurisdictions and community resources, and those of the interested in the Universal Hiring Program. The community it serves. Universal Hiring Program permits interested agenciesto supplement their current sworn forces, This approach is dependent upon an effective flow or establish a new law enforcement agency. The of information from sources inside and outside of Universal Hiring Program is part of a the law enforcement agency. To be successful at comprehensive set of programs designed to community policing,the law enforcement agency enhance policing and the quality of citizens'lives should use this feedback to become more effective across the country. and equitable in its service delivery. This informed flexibility should allow law enforcement agencies The Universal Hiring Program will make direct to become more responsive to members of the grants to agencies and jurisdictions to hire and/or community and their representatives, and to rehire additional sworn law enforcement officers officers and their representatives. as part of an overall plan to address crime and related problems through community policing. Community policing can change the way crime control is accomplished. The ultimate goal is to maintain public safety in communities through Community Policing better police work, while increasing the public's interaction and satisfaction with police services. Community policing is an integral part of achieving the goals of combating crime and Universal Hiring funding therefore is intended to improving the quality of life in the Nation's cities, improve police-citizen cooperation and towns and rural areas. Community policing communication, to increase police and citizens stresses the importance of police-citizen ability to innovatively solve community problems, cooperation to control crime,maintain order,and to facilitate the restructuring of agencies to allow the fullest use of departmental and community 1 tle resources,to promote the effective flow and use of community policing training guidelines will be information both within and outside an agency, developed by the COPS Office. and to improve law enforcement responsiveness to members of the community. The officers hired under this program may be assigned to field training and probationary assignments, if this is the customary practice of Eligibility Requirements the agency, provided there is an equal and contemporaneous transfer of current officers to community policing. For example, newly All state,local,Indian Tribal and other public law employed officers hired under this program may enforcement agencies, and consortia of agencies be assigned to standard patrol or traffic are eligible to apply. In addition, jurisdictions enforcement, so long as an equivalent number of wishing to start, or reinstate, police agencies are experienced officers are deployed in community eligible to apply under this program. Any award policing. made under the Universal Hiring Program will not affect the eligibility of an agency to apply to other These funds can not be used for other purposes COPS Programs. Agencies that have received and supplanting of non-federal police department COPS AHEAD or COPS FAST grants need not funding is strictly prohibited by law. That is,any apply under the Universal Hiring Program, hiring by departments under the Universal Hiring those grantees will be contacted by letter and informed about how they can further increase Program must be in addition to,and not in lieu of departments'other hiring plans. the number of new officers in their agencies. Departments are urged to consider hiring former members of the Armed Forces who have been Permissible Uses for Funds involuntarily separated, particularly where communities have been adversely affected by Grants awarded under this program are restricted recent military base closings. to the hiring or rehiring of additional sworn career law enforcement officers for deployment in public law enforcement agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws. Funds can only be spent on or after the date of award or from the date of an officer's hire, whichever comes later. Grant funds can not be used retroactively for the salaries paid prior to the grant award. Universal Hiring grant funds may not be used for any purpose other than officers'salaries and benefits. Funds under this program may not be used to purchase equipment, support systems,or for the payment of overtime costs. The hiring or rehiring of new personnel must follow existing local recruitment and selection procedures. In addition, all hired personnel will be required to be trained in community policing. Officers hired under the Universal Hiring Program must begin their training no later than one calendar year following the grant award. Future model : ' 2 TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant RE: 1995 Budget Amendment Resolution No. 4281 DATE: August 15, 1995 Introduction Council directed staff to prepare a budget amendment at the July 18, 1995 meeting that would allow Shakopee to participate in the Sentencing to Service program at an amount of $4,850. Background Shakopee plans to join Jordan, Belle Paine, New Prague, Savage, and Prior Lake in the Sentencing to Service program. With the participation of all six cities, the cost to Shakopee would be $4,045. for the two year period. Source of funding -General Fund, Fund Balance. Attached is a resolution that amends the 1995 budget to provide for this cost. Alternatives 1. Approve resolution as presented. 2. Amend resolution and approve. 3. Do not approve resolution. Action Requested Offer Resolution No. 4281 a Resolution amending Resolution 4220, and move its adoption. RESOLUTION 4281 A RESOLUTION AMENDING RESOLUTION 4220 ADOPTING THE 1995 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount General Admin. Professional Services 4,045 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