HomeMy WebLinkAbout12/20/1994 TENTATIVE AGENDA
ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 20, 1994
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 H.R.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] Approve Minutes of December 6th and 7th, 1994
10] Communications :
a] Metro Mosquito Control - presentation
*b] Richard Moreland request amendment to pawnshop
ordinance
c] Ruth & Warren Moser regarding snowmobile violations,
memo on table
*d] Shirley Olson, Murphy' s Landing, request permission to
allow consumption of alcoholic beverages at the site
11] 7 : 30 P.M. Hearing on the adoption of the tax levy and budget
resolutions for 1995 - Res . Nos . 4135 and 4136
12] Recommendations from Planning Commission:
*a] PUD Amendment No. 1 for Prairie Bend - Res . No. 4142
b] Zoning Ordinance Map - Phase III
TENTATIVE AGENDA
December 20, 1994
Page -2-
13] Reports from Staff :
a] Shakopee Fire Department Relief Association By-Laws
*b] Vacant Police Sergeancy
*c] Cleaning Service Contract - Police Department
d] Chris Anderson House Move
el Prairie Bend Sewer and Water Connections
*f] 1995 Cigarette Licenses
*g] Tattoo License Renewal
*h] Massage Center License Renewal
*11 Pawnshop License Renewals
j ] 1995 Sanitary Sewer Rates - tabled 12/6
*k] Bids For Full Size Squad Car
*1] Interfund Transfer
*m] Time Extension to Record Stonebrooke Second Addition
*n] Approve Bills in the Amount of $1, 052, 672 . 14
o] CR-18 Cooperative Agreement - tabled 12/6
*p] Appointment to Shakopee Basin WMO
14] Resolutions and Ordinances :
*a] Res . No. 4141 - Amending the 1994 Budget
*b] Ord. No. 394 - Authorizing Contracts for Services
Up To $5, 000
*c] Res . No. 4143 - Adopting Fee Schedule for 1995
*d] Res . No. 4144 - 1995 Pay Plan
*e] Res . No. 4145 - Apportioning Assessments for The
Meadows West 1st Addition
*f] Res . No. 4146 - Accepting Work on 12th Avenue Sewer
and Water, Project 1992-4
15] Other Business :
a]
b]
c]
16] Adjourn
Dennis R. Kraft, City Administrator
AGENDA12 . 20
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: December 16, 1994
1 . Attached is correspondence from the Mayor to congratulate
newly elected officials .
2 . Attached are the November 7, 1994 minutes of the Shakopee
Public Utilities Commission meeting.
3 . Attached are the Revenue and Expenditure Reports as of
November 30, 1994 .
4 . Attached is correspondence from the Mayor to Sara Grabinger
regarding property taxes in Shakopee.
5 . Attached are the December 8th minutes of the Planning
Commission and Board of Adjustment and Appeals .
6 . Attached is the December Monthly Progress Report from the Law
Department .
7 . Attached is correspondence from the Staff Engineer to Mr.
Pulkrabek regarding assessments for Spencer Street .
8 . Attached is a memorandum from the Staff Engineer regarding
Trunk Sewer Policy.
9 . Attached is the Police Newsletter for Council review.
AI
SHAKOPEE
November 23 , 1994
Honorable Becky Kelso
Minnesota House of Representatives
State Office Bldg. Room 415
St . Paul, MN 55155
Dear Becky:
I would like to take this opportunity on behalf of myself and the
Shakopee City Council to congratulate you on your reelection to
the Minnesota House of Representatives . We look forward to
working with you during the next legislative session. Perhaps
this is the year that workers comp reform and property tax reform
can become reality.
Sincerely,
Gary . Laurent
Mayor
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718
SHAKOPEE
November 23, 1994
Mr. Art Bannerman
1708 12 Avenue West
Shakopee, MN 55379
Dear Art :
I would like to take this opportunity on behalf of myself and the
Shakopee City Council to congratulate you, on your election to
the Scott County Board of Commissioners .
There are many areas of concern effecting both the City of
Shakopee and the Scott County Board of Commissioners. Our
Council has made it a point to work with other local governmental
entities . In an effort to maintain our good working
relationship, I encourage you to not hesitate to call with any
concerns or ideas you may have where the City and County working
together could best serve our constituents .
We look forward to working with you during your upcoming term on
the County Board.
Sincerely,
Gary L. aurent
Mayor
COMMLNfIY PRIDE SINCE 1857
129 Holmes Street South• Shakopee,Minnesota 53379-1351 • 612-445-3650 FAX 612-445-6718
SHAKOPE E
November 23, 1994
The Honorable Rod Grams
Senator Elect State of Minnesota
1713 Longworth House Office Building
Washington, D.C. 20515
Dear Rod:
I would like to take this opportunity on behalf of myself, and
the entire Shakopee City Council, to congratulate you on your
election to the United States Senate.
We look forward to working with you during your term as
Minnesota's newest U.S. Senator.
Sincerely,
Gary L. Laurent
Mayor
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718
•
SHAKOPEE
November 23, 1994
Honorable David Minge
Congressman 2nd District Minnesota
1508 Longworth House Office Building
Washington, D.C. 20515
Dear Congressman Minge :
I would like to take this opportunity, on behalf of myself and
the entire Shakopee City Council, to congratulate you on your
reelection to the U.S. House of Representatives.
We look forward to working with you during the next two years on
projects effecting the City of Shakopee and the State of
Minnesota.
Sincerely,
Gary L. L rent
Mayor
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South• Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on November 7 , 1994 at 4: 30 P.M. in the Utilities meeting
room.
MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling.
Also Liaison Sweeney, Administrative Assistant Joe Adams,
Superintendent Art Young, Manager Van Hout and Secretary Menden.
Elmer and Kathryn Marschall, Darrin Redetzke, Beckrich Park
Estates, Richard Wicka from Frauenshuh Companies, Dick Kopy,
Engineer for St . Francis Hospital and Mark Erickson, Assistant
City Attorney were also present for various discussions on agenda
items.
Motion by Vierling, seconded by O'Toole to approve the minutes
of the October 3 , 1994 regular meeting as kept . Motion carried.
BILLS READ: 33,000.00
City of Shakopee 138.00
ARAMARK Refreshment Services 127 . 95
A T & T 25. 38
Marvin Athmann 1 ,340.00
Bentz Construction Co. 81 . 77
Big A Auto Parts 82 . 94
Bill' s Toggery Inc. 3 ,002 . 67
Border States Industries, Inc . 560. 67
Business Essentials, Inc. 32 . 58
C.H. Carpenter Lumber 1 ,408. 95
City of Shakopee 174. 56
Clay' s Printing Service, Inc. 33 ,906. 92
Cooperative Power 150 . 00
DCA, Inc. 280.00
D & S Sign Service 777 . 31
Display Sales 163. 69
50 . 69
734 . 27
3 . 53
27 . 16
465. 64
11,589. 66
745 . 20
Ditch Witch of Minnesota, Inc.
Dubbe Sod
Feed-Rite Controls, Inc.
FRESCO
Glenwood Inglewood
Gopher State One-Call, Inc.
Graybar Electric Co. , Inc.
Hance Cable Testing and Locating, Inc.
Hennen' s ICO 22 . 50
Jerry' s Lawn Service 1 ,868 . 00
Koch' s Tele-Communication Services 35 . 00
Leef Bros. ,Inc. 25 . 78
Ray Lemieux 112. 52
M/A Associates, Inc. 84 . 25
Minnesota Municipal Utilities Association 460. 00
Minnesota Department of Public Service 91 . 32
Minnesota Valley Testing Labs, Inc . 826. 00
Motor Parts Service of Shakopee 40. 31
Mullins Software Solutions 1 ,395 .00
National Information Data Center 46. 90
Northern States Power Co. 425,183 . 27
Northern States Power Co. 664. 64
Northern States Power Co. 2,719 .02
Petersen-Wisdorf, inc . 1 ,844. 53
Pine Ridge Fitness Center 105.00
Reach Equipment 160 . 74
Reynolds Welding Supply Co. 9.09
Ribbon Recyclers, Inc. 56 .02
Ries Heating and Sheet Metal 228. 94
Schoell and Madson, Inc. 915.84
Sauber Mfg. , Co. 115.82
Shakopee Ford, Inc. 16. 48
Shakopee Post Office 5,000.00
Shakopee Public Utilities Commission 2,947 .20
Shakopee Public Utilities Commission 45. 32
Southwest Suburban Publishing 158.47
Starks Cleaning Services, inc. 72 . 42
Dean Struck 175. 45
T & R Service 34.00
Total Tool 31 . 11
U.S. West Communications 367 . 57
Uniforms Unlimited 775 .05
Upper Midwest Gaming 12 .00
Valley Sports 496 . 00
Lou Van Hout 68 . 61
Voss Lighting 271 .84
Waste Management-Savage 73. 97
WESCO 5 ,607 . 66
Yarusso's Hardware Co. 111 . 31
Art Young 165.88
Chicago and Northwestern Railway Co. 200 .00
Motion by O'Toole, seconded by Vierling that the bills
be allowed and ordered paid. Motion carried.
Sherry Anderson, representative for the clerical presented
wage requests to the Commission. A December 19th meeting was
scheduled to go over wage requests.
The status of a memo from Manager Van Hout regarding the
City of Savage water study, and the involvement of the Shakopee
Public Utilities in the City of Savage Alternative Urban Areawide
Review was discussed.
A letter from the Valley Green Business park consultant
to the Minnesota Department of Natural Resources regarding
the Shiely water increase dated September 14, 1994 was also
given to the Commission at the request of Jon Albi.nson .
Karen Marty, City Attorney will be looking into the 15
day extension on behalf of SPUC and to get a memo back as
quickly as possible addressing who is the regulating governmental
unit and what we can do to protect our rights here in Shakopee.
Ken Adolf, Schoell and Madson was present to discuss
the City Well, pumphouse and booster station to be constructed on
the St. Francis Hospital site. The memo dated November 4, 1994
dealt with the issues of the aquifer, permit requirements
and ownership related to the well. Also reliability and ownership
relating to the pumphouse and booster station.
Progress is still going forward and should be able to meet
the St . Francis Hospital timetable.
Schoell and Madson was given the direction to proceed with
a proposal for study for the location of well, proceed with plans
and specifications and move along with obtaining acquisition for
site with St . Francis Hospital .
Motion by Vierling, seconded by O'Toole that due to
the express desire by St . Francis Hospital for expedited treatment
of the watermain crossing the bypass to shorten the construction
period for the water main construction, therefore
the Shakopee Public Utilities Commission desires this option
and forwards this request to the City Council . Motion carried.
Art Young gave the Commission the result of the lead and
copper testing for 1994. This being the third round of testing
for lead/copper for the Shakopee water system. The Shakopee
water system has passed the State guideline for a public water
system not exceeding the action level for copper.
The next round of testing will be done sometime next year during
the months of June thru Sept .
The alternate site for Substation on Co. Rd. 79 was discussed.
Manager Van Hout will be out of town, therefore Joe Adams
will be overseeing the preparation of the purchase offer to the
property owners. A purchase offer price was determined by the
Commission.
A memorandum from Kevin Favero regarding the purchase
dated November 2, 1994 outlined various areas that needed
addressing during the negotiations for the purchase of
the proposed substation site under the NSP transmission lines
near County Road 79.
Councilman, Sweeney gave the liaison report . Mr. Jon Brekke
has been selected to take the council seat of Chris Dirks.
Mr. Sweeney also reportedan increase in sanitary sewer
charges for the upcoming year. The minimum sewer charge will.
go from $11 .10 per month to $16. 70 per month.
Manager Van Hout reported on the downtown electric
undergrounding project . The project was ordered November 1 .
There will be a meeting on November 8, 1994 at City Hall to
work out the final details .
The request for an antenna to he installed on a Shakopee
Public Utilities water tower was discussed. A fee structure
and design criteria will be developed with a final okay by the
Utilities Commission.
An audit proposal was given to the Commission from Jaspers,
Streefland and Co.
Motion by O'Toole, seconded by Vierling to accept the
audit proposal of Jaspers, Streefland and Co. for the 1994
audit .
The 1995 budget draft was given to the Commission by
Manager Van Hout . A discussion followed.
Motion by O'Toole, seconded by Vierling to approve
the 1995 budget . Motion carried.
There were five fire calls for one hour and 45 minutes.
There were no lost time accidents for October, 1994 .
The next regular meeting will be held on December 5, 1994
at 4 : 30 P.M. in the Utilities meeting room.
Motion by O'Toole, seconded by Vierling that the meeting
be adjourned. Motion carried.
A—LS/K\
B rbara Menden, C mission Secretary
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11061Ai-
SI-JAKOPEE
December 13, 1994
Ms. Sara Grabinger
994 East 11th Avenue
Shakopee, MN 55379
Dear Ms. Grabinger:
Thank you for expressing your concern regarding property taxes in the City of
Shakopee. I should note that your correspondence primarily related to the School District.
The Shakopee School District is a separate taxing jurisdiction that is not under the control of
the City Council.
Your property tax bill is made up of three primary taxing jurisdictions: 1. School
District, 2. Scott County and 3. City of Shakopee. The City of Shakopee portion of your tax
bill is approximately 16% of the total. If the assessors estimated market value of your
property did not increase between 1994 and 1995, the Citv's portion of your property tax
statement should have gone down. I should also note that the Scott County Assessors Office
is responsible for determining the assessors estimated market value of your property. If you
feel that the assessors estimated market value of your property is out of line as compared to
similar properties in the community, each year you do have the opportunity to appeal for a
reduction.
I have forwarded a copy of your letter to Mr. Bob Ostlund, Shakopee School
Superintendent. If you have any other questions ltlae regarding property tax situation in
Shakopee, please feel free to contact me.
Sincerely,
Gary L. Laurent
Mayor
CC: Bob Ostlund, Shakopee School District, Superintendent
GLL/tiv
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South• Shakopee,Minnesota 55379-1351 612-4-13-3030 FAX 612--135-6718
# 3,
OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, Minnesota December 8, 1994
MEMBERS PRESENT: Madigan, Mars, Link, Bladow, DuBois, Joos, and Christensen
MEMBERS ABSENT: None
STAFF PRESENT: Lindberg Ekola, Planning Director
Terrie Thurmer, Assistant City Planner
Paul Bilotta, Senior Planner
Dave Nummer, Staff Engineer
Lisa Anderson, Recording Secretary
I. ROLL CALL
Chrmn. Mars called the meeting to order at 7:35 p.m. Roll call was taken as noted above.
II. APPROVAL OF REVISED AGENDA
The revised agenda was approved as presented.
III. APPROVAL OF OCTOBER 6. 1994. AND NOVEMBER 3, 1994. MEETING
MINUTES
The minutes were approved as presented.
IV. RECOGNITION OF INTERESTED CITIZENS
Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the
agenda. There was no response.
V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE TO
THE FRONTAGE REQUIREMENT ON A PUBLIC RIGHT-OF-WAY IN ORDER
TO DEVELOP PROPERTY LOCATED ON AN ISLAND ON O'DOWD LAKE. -
MAGED AND CYNTHIA DAOUD - RESOLUTION NO. PC-708.
Chrmn. Mars opened the public hearing regarding the above entitled matter.
The Assistant City Planner provided a brief summary regarding this matter. She stated that
the applicants are requesting a variance to Section 11.03, Subd. 7.H to allow a residence to
be constructed on an island on O'Dowd Lake. In addition to the 11.5 acre island, they also
own 1.5 acres of land located approximately 90 feet from the island (part of Outlot A, The
Highlands).
Minutes of the Page - 2
Shakopee Board of Adjustment and Appeals December 8, 1994
The are proposing to access the island by boat in the summer; to drive to the site over the ice
in the winter; and to use a hover craft to get to the site in the spring and fall when the ice is
slushy. Parking, as well as the storage of the aquatic transportation vehicles, would occur on
the land owned by the applicant on the peninsula.
She said that a similar variance was approved for this site in 1979 by the Shakopee City
Council. The property owner at that time requested approval of the variance to construct a
seasonal residence on the site. However, it was never constructed. Due to the approval of
this variance, the island and the portion of Outlot A were purchased by the applicant with the
intention of constructing a residence on the island. (Outlot A, The Highlands is located in
Louisville Township, outside of the jurisdiction of the City of Shakopee).
She went on to state that staff has received a letter from George and Julia Jensen, owners of
Lot 16, located adjacent to Outlot A. A copy had been provided on the table. The Assistant
Planner stated that the Jensen's believe that Outlot A was intended for joint use by all the
property owners within the Highlands development, and that the sale of the portion of Outlot
A to the Daoud's was improper. She added that City staff has also recently received
comments from the Scott County Planning Department. Their comments and the responses
from City staff were also provided on the table.
She concluded with emphasizing that the Planning Commission must look at the criteria
required to be met for the granting of the variance. She said that staff is recommending the
approval of the variance because the criteria for granting variances can be satisfied, and that
this approval be subject to the 10 conditions discussed in the staff report.
Comm. Christensen stated a concern about the hover craft making a lot of noise.
The applicant, Maged Daoud, 6617 Piute Pass, Edina, MN, approached the podium. He
stated that the hover craft is just one of their options; another would be an all-terrain vehicle
(ATV). He stated that he has been paying a considerable amount of money for many years
for this piece of land. He bought it from the original owner and was going to buy the whole
Outlot, but the owner said he needed some of it for the people of the Highlands. He stated
that he owns part of the peninsula (part of Outlot A) and then the 15 foot wide road all the
way to the cul-de-sac (a public road).
Comm. DuBois asked what would happen when the water is extremely low.
The applicant responded that they could walk across the water from the cul-de-sac. They do
not have to drive there.
Mr. Neil Ess, 14570 Lakeview Circle, Shakopee, MN, approached the podium. Mr. Ess
stated that lives in The Highlands subdivision, and owns the remaining portion of Outlot A.
Minutes of the Page - 3
Shakopee Board of Adjustment and Appeals December 8, 1994
Both The Highlands and Outlot A are located in Louisville Township, outside of the City
limits of the City of Shakopee. He stated that he is trying to form an association for this area.
He stated that suddenly he found out that this land was sold and is wondering how it got sold.
He also stated that the only way to get to his land if this plan was approved was by boat.
The applicant,Mr. Daoud, approached the podium. He stated that if the neighbors would like
to use the road, he would provide access for them.
Chrmn. Mars clarified what the roles are for the Board of Adjustments and Appeals. He
stated that they can only decide on issues that are within the city limits, and that the issue
regarding the road or an access easement would be a county matter.
Ms. Karen Brinkhouse, 14435 Highland Drive, Shakopee, MN, approached the podium. She
stated a concern that, if Mr. Daoud's variance depended on the property he owns on the
peninsula or not, and if so, there should be an agreement with Louisville Township before the
Board of Adjustments and Appeals allows access from it for the island.
Chrmn. Mars reminded everyone that the land outside of the city limits of Shakopee is not an
issue for the Board to decide.
Ms. Brinkhouse also pointed out that if you look at the covenants in the Highlands, it states
for example,that there is to be no parking of cars overnight on that outlot, and that there are
other legal issues to consider.
Comm. Christensen asked whether there are some other legal issues to be dealt with regard
to the covenants.
The Planning Director stated that the covenants being referenced are private covenants
created specifically for that subdivision. Staff has been advised by legal staff that those
covenants are not an issue for the City to decide. The issue before the Board is the request
for a variance to the portion of the ordinance which requires frontage to a public right-of-
way.
The Asst. City Planner pointed out that there are six criteria that need to be met in order for
this to be approved, and that all six have been properly met with this application.
The applicant,Mr. Daoud, approached the podium and stated that he would be happy to use
the public access for parking. It is a short distance either way, by boat or by driving across
where most people drive across, so he wouldn't even need to use the outlot on the peninsula
at all unless he was required to do so.
Minutes of the Page- 4
Shakopee Board of Adjustment and Appeals December 8, 1994
Mr. Mike Lindsoe, 14565 Lakeview Circle, Shakopee, MN, approached the podium. He
stated that he has lived at this address for thirteen years and when he purchased his property,
he was told that this outlot in question would be for the people living in the neighborhood,
for their boats, picnicking, or swimming. He feels that there will be vehicles parked there all
the time, and since there won't be any garage built there, this area will become an eye-sore.
Mr. Lindsoe said he doesn't feel a year-round home should be built on this island.
Comm. Bladow asked how the DNR felt about this proposal.
The applicant,Mr. Daoud, approached the podium. He stated that the DNR hasn't objected
at all to the proposal as long as a bridge is not being built. The Assistant Planner confirmed
that this was also the DNR's response to City staff.
Mr. Dick Gord approached the podium. He stated that he is one of the original residents of
The Highlands subdivision. He stated that he doesn't know how this property was taken from
him or anyone else who lives in he Highland subdivision. He asked the Board to deny this
variance because of the hazardous pollutants and also the DNR requirements. He stated that
the DNR would have to be notified all the time regarding anything that occurred on that
island.
The Asst. City Planner provided a brief summary of the process that would take place if this
variance was approved and handed out an explanation of common questions to the members
of the audience.
The Staff Engineer reiterated the issue that the Board is to decide. He added that a lot of the
issues addressed tonight would be handled with the Building Permit request, or are under the
jurisdiction of the state.
Motion: Comm. Joos/Christensen offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Comm. Joos/Madigan offered Variance Resolution No. PC-708, a Resolution
approving a variance to Section 11.03, Subd. 7.H, subject to the following
conditions:
1. The applicants shall prepare an agreement to release the City of
Shakopee from any liability for police and fire protection to the site.
This agreement must be reviewed and approved by the City
Attorney prior to the issuance of a Building Permit for the site.
Minutes of the Page- 5
Shakopee Board of Adjustment and Appeals December 8, 1994
2. The applicants shall comply with Individual Sewage Treatment
System Standards. If it is determined that a sewage treatment
system cannot be implemented on the site, this variance shall
become void.
3. The applicants shall agree to pump the sewage treatment system a
minimum of once every two years. Verification of compliance with
this condition shall be provided to the Planning Department on a bi-
ennial basis (January 1).
4. The applicants shall comply with NFPA 13R, the installation of fire
sprinkler system; and NFPA 72, the installation of a fire alarm
system.
5. Utilities shall be placed underground, and the applicant shall record
utility easements for these utilities with the Scott County Recorder's
Office prior to the issuance of the Certificate of Occupancy.
6. The applicants shall submit a plan for the disposal of all solid waste
generated at the site. This plan shall be reviewed and approved by
the Planning Director prior to the release of the Certificate of
Occupancy.
7. The applicants shall provide access to the site for all inspections as
required by the Building Official and/or the Public Works Director.
8. The proposed single family residence and one accessory building no
larger than 750 square feet shall be constructed on the island.
9. Neutral or earth tone colors shall be used for all exterior building
surfaces.
10. No vegetation changes may occur within 75 feet of the ordinary
high water mark, except one 12 foot wide driveway for the winter
vehicle access route, and one 4 foot wide path to a dock. No
landscaping chemicals can be applied within this 75 foot natural
vegetation area. Six permanent survey monument pins and visible
concrete markers (flush to grade) at the 75 foot distance from the
ordinary high water mark must be spaced around the perimeter of
the island.
Vote: Motion carried six (6) to one (1), with Comm. Bladow voting against the
motion.
Motion: Comm. Joos, Madigan offered a motion to recess the Board of Adjustments
and Appeals.
Vo e: Motion carried unanimously.
Minutes of the Page- 6
Shakopee Board of Adjustment and Appeals December 8, 1994
WHEREUPON, the Board of Adjustments and Appeals recessed to the Shakopee
Planning Commission at approximately 8:30 p.m.; and was reconvened at
approximately 9:19 p.m.
VI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL
USE PERMIT FOR A CHAIN LINK FENCE. FOUR (4) FEET IN HEIGHT AND
ONE HUNDRED FIFTY (150) FEET IN LENGTH, TO BE LOCATED UPON THE
PROPERTY AT 9085 13TH AVENUE EAST. SAVAGE. - GLEN A. LADWIG -
RESOLUTION NO. PC-705.
Chrmn. Mars opened the public hearing regarding the above entitled matter.
The Assistant City Planner provided a brief summary regarding this matter. She stated that
the applicant is requesting a Conditional Use Permit for the construction of a 4 foot tall fence
on the site. Fences in excess of 3 feet in height are subject to the 30 foot front yard setback
requirement. Section 11.05, Subd. 4, states that fences in excess of 3 feet in height and
located within the front yard setback require a CUP.
She said that the applicant constructed a 4 foot tall chain link fence along the north property
line of the site without the approval of a Building Permit. Although he was informed by the
Building Official that a Building Permit is required, the Zoning Ordinance does not allow
fences in excess of three feet in height within the 30 foot front yard setback without the
approval of a Conditional Use Permit. Staff is unable to approve a Building Permit for this
fence unless the Board of Adjustments and Appeals approves this CUP request.
She added that staff recommends approval of the CUP, subject to the four conditions
discussed in the staff report.
Chrmn. Mars asked why this is not a variance. The Asst. City Planner explained the
ordinance requirements. She also stated that this would enable conditions to be placed on the
use in order to protect the City's health, safety, and welfare concerns.
Comm. Christensen stated that she strongly feels it would be a mistake to approve this
because it would be teaching everyone that it is okay to do what they want, and that they
don't need a permit to build something.
The Senior Planner provided a brief summary of the difference between variances and a
conditional use permits.
Comm. Joos stated that he feels the conditional use permits give a lot more control in a lot
more situations.
Minutes of the Page- 7
Shakopee Board of Adjustment and Appeals December 8, 1994
Comm. Bladow stated that he feels that ground rules need to be established and enforced.
Mr. and Mrs. Charles Vanhale, 9081 13th Avenue East, Shakopee, MN, approached the
podium. They stated that they are neighbors to the applicant and they did not agree with the
applicant putting up the fence in the first place without a permit. Mr. Vanhale had his land
surveyed because of property line discrepancies, and found that the fence is legally on the
applicant's property. However, 18 inches of it has been constructed on the road easement.
They added that the applicant also removed items off of their property in order to construct
his fence, and also removed corner stakes and replaced them with whatever the applicant
wanted.
Mr. and Mrs. Vanhale provided a copy of their property survey to the Asst. City Planner.
Comm. Christensen stated that she does not understand why anything is brought before the
Board without being in conformity with the law. She stated that she would vote always vote
down a proposal where somebody has gone along and done their thing without the building
permit, because otherwise, we are inviting chaos in the City.
Comm. Madigan stated a concern regarding the fact that the applicant did not take the time
to come to the meeting to defend himself and therefore, does not feel comfortable making any
approval.
Motion: Comm. Joos/DuBois offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Comm. DuBois/Joos offered Conditional Use Permit Resolution No. PC-705,
a resolution approving a conditional use permit to construct a fence 4 feet in
height in the rural residential (R-1) zone, subject to the following conditions:
1. The Conditional Use shall be limited to a 4 foot tall chain link fence.
No slats or opaque materials shall be attached to the fence.
2. The applicant shall not plant any vines, or other plantings on or near
the fence that could obstruct the view of traffic in the immediate area.
3. The applicant shall keep the fence and the area adjacent to the fence
clear of debris and weeds that could accumulate on the fence and
obstruct the view of traffic.
4. The City Administrator has the authority to require the Board of
Adjustment and Appeals to review the permit if complaints are
received.
Minutes of the Page- 8
Shakopee Board of Adjustment and Appeals December 8, 1994
Comm. Christensen requested that her concern be written in the record that, "There is an
issue of principle here and the overriding principle is that we are being asked to vote on a
conditional use permit of someone who has violated our law and I would ask that they have
a reason."
Comm. Joos stated that there is one other opportunity and that is that the conditions that are
being recommended to be placed on this fence permit, and that it will be required to meet all
codes and criteria for a Building Permit.
Comm. Bladow stated that the Vanhale's have spent more time and money defending
themselves than the applicant has spent in trying to get what he wants.
Vote: Motion failed one(1)to six(6),with Chrmn. Mars voting in favor and Comm.
Christensen, DuBois, Joos, Bladow, Link and Madigan voting against the
motion. The reasons for denial were provided as follows:
1. Traffic safety concerns;
2. The applicant's violation of the requirement to obtain a Building
Permit prior to construction of the fence;
3. There was no reason provided as to why the applicant requested a 4
foot tall fence, rather than a 3 foot tall fence within the 30 foot front
yard setback; and
4. The applicant was not present at the meeting and was unable to
verbally provide a valid reason as to why he was requesting a 4 foot
tall fence, rather than a 3 foot tall fence, with the exception that the
fence is already up.
WHEREUPON, a short recess was taken.
VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL
USE PERMIT TO CONSTRUCT A SIX (6) FOOT HIGH FENCE ON THE
ELEMENTARY PLAYGROUND LOCATED UPON THE PROPERTY AT 305
SOUTH SCOTT STREET. - SHAKOPEE AREAS CATHOLIC SCHOOLS (ST.
MARK'S) - RESOLUTION NO. PC-704.
Chrmn. Mars opened the public hearing regarding the above entitled matter.
The Assistant City Planner provided a brief summary regarding this matter. She stated that
the applicant is requesting a Conditional Use Permit to construct a 6 foot tall fence onto the
site for safety and insurance purposes. Fences in excess of 3 feet in height are subject to the
30 foot front yard setback requirement, as well as the 20 foot street side yard setback
requirement. In addition, there is also a 3 foot setback from alleys.
Minutes of the Page- 9
Shakopee Board of Adjustment and Appeals December 8, 1994
She also stated that Section 11.05, Subd. 4 states that fences in excess of the 3 feet in height
and located within the front or street side yard setbacks require a conditional use permit. The
site is currently being used as a playground for Shakopee Area Catholic Schools. From a
safety perspective, a 6 foot tall chain link fence would help protect the children, yet would
allow fresh air and light to reach the playground area.
Staff recommends the approval of the Conditional Use Permit, subject to the four conditions
discussed in the staff report.
Comm. Link stated that he was concerned if this fence would cause a problem for the fire
department in using their south door.
Mr. Steve Heller, 620 County Road 78, Shakopee, MN, approached the podium. He stated
that this has been discussed with the fire department, and it is not a problem since the fence
will be angled at that point.
Mr.Robert Norland, 432 Third Avenue West, Shakopee, MN, approached the podium. He
asked why this fence had to be a six foot fence instead of a three foot fence.
Mr. Heller approached the podium and responded that the six foot fence is basically for safety
reasons, and to keep balls inside the playground. Therefore, children wouldn't be running out
into the street chasing after balls.
Motion: Comm. Joos/Bladow offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Comm. DuBois/Bladow offered a motion approving Conditional Use Permit
Resolution No. PC-704, a resolution approving a conditional use permit to
construct a fence 6 feet in height in the highway business (B-1) zone, subject
to the following conditions:
1. The conditional Use shall be limited to a 4 foot tall chain link fence.
No slats or opaque materials shall be attached to the fence.
2. The applicant shall not plant any vines, or other plantings on or near
the fence that could obstruct the view of traffic in the immediate area.
3. The applicant shall keep the fence and the area adjacent to the fence
clear of debris and weeds that could accumulate on the fence and
obstruct the view of traffic.
4. The City Administrator has the authority to require the Board of
Adjustments and Appeals to review the permit if complaints are
received.
Minutes of the Page- 10
Shakopee Board of Adjustment and Appeals December 8, 1994
5. The applicant shall ensure adequate access for fire vehicles from the
alley to the Shakopee Fire Department.
Vote: Motion carried unanimously.
VIII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL
USE PERMIT TO ALLOW A TOWING EQUIPMENT SALES OFFICE TO BE
LOCATED ON THE PROPERTY AT 1805 EAGLE CREEK BOULEVARD. -
DUWAYNE EGE, SHAKOPEE TOWING- RESOLUTION NO. PC-707.
Chrmn. Mars opened the public hearing regarding the above entitled matter.
The Assistant City Planner provided a brief summary regarding this matter. She stated that
the applicant is requesting a Conditional Use Permit to allow for the retail sale of towing
equipment within the Light Industrial Zone. The site is to be used primarily for a mailing
address and office, and their sales will be performed by a sales person on the road. There will
be no outdoor sales lot. However, in order for the applicant to receive approval for a retail
Dealer's License from the Dealer's Unit of the State of Minnesota Department of Public
Safety, the City must approve the location of the site from a zoning perspective.
She added that the proposed towing sales office will be closed to the general public and will
not require external advertising, signs, or create additional traffic. The applicant is not
anticipating any customers at the site.
Staff recommends approval of the Conditional Use Permit, subject to the six conditions
discussed in the staff report.
Chrmn. Mars asked the applicant how he would sell used trucks without having an outdoor
sales lot.
The applicant,Mr. DuWayne Ege, 1803 Eagle Creek Boulevard, Shakopee, MN, approached
the podium. He stated that the trucks are being sold on the road with the salesman, but that
they would appear at the shop once in a while.
Motion: Comm. Bladow/Christensen offered a motion to close the public hearing.
Vote: Motion carried unanimously.
A brief discussion took place regarding whether or not to revise recommended condition No.
4, or to leave it as recommended by staff.
Minutes of the Page - 11
Shakopee Board of Adjustment and Appeals December 8, 1994
Motion: Comm. Bladow/DuBois offered Resolution No. PC-707, a resolution
approving a conditional use permit to DuWayne Ege of Shakopee Towing to
perform retail sales of towing equipment within the light industrial (I-1) zone,
subject to the following conditions:
1. The applicant shall perform the retail sales of towing equipment by a
salesperson on the road, or within the principal structures only.
2. The on-site area to be devoted to the display and sale of the products
shall be limited to no more than fifteen percent (15%) of the principal
structure.
3. The approval of the Conditional Use Permit shall not result in any
major exterior building modifications.
4. There shall be no outdoor storage or displays of vehicles on the site.
5. If any new signage is proposed for the retail operation, the applicants
shall submit a sign plan for review and approval by City staff.
6. If complaints are received, the City Administrator shall have the right
to require a review of the permit by the Board of Adjustment and
Appeals.
Vote: Motion carried unanimously.
XIV. ADJOURNMENT:
The meeting adjourned at approximately 11:17 p.m.
OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
Regular Session Shakopee, Minnesota December 8, 1994
MEMBERS PRESENT: Madigan, Mars, Link, Bladow, DuBois, Joos, and Christensen
MEMBERS ABSENT: None
STAFF PRESENT: Lindberg Ekola, Planning Director
Terrie Thurmer, Assistant City Planner
Paul Bilotta, Senior Planner
Dave Nummer, Staff Engineer
Lisa Anderson, Recording Secretary
I. ROLL CALL
Chrmn. Mars called the meeting to order at 8:30 p.m. Roll call was taken as noted above.
II. APPROVAL OF REVISED AGENDA
The revised agenda was approved as presented.
III. APPROVAL OF NOVEMBER 3, 1994, MEETING MINUTES
The minutes were approved as presented.
IV. RECOGNITION OF INTERESTED CITIZENS
Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the
agenda. There was no response.
V. APPROVAL OF CONSENT AGENDA
There was a consensus by the Board to add item No. 11.a, 1995 BOAA and Planning
Commission Meeting Schedule, to the Consent Agenda. The Consent Agenda was approved
as amended.
VI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE ZONING
ORDINANCE MAP WHICH WOULD REZONE'1'HE REMAINING PORTIONS OF
THE CITY NOT REZONED BY THE SHAKOPEE CITY COUNCIL ON OCTOBER
20. 1994. AND NOVEMBER 15. 1994. TO COMPLY WITH THE NEW ZONES
ESTABLISHED IN THE NEW ZONING ORDINANCE TEXT ADOPTED ON JUNE
7. 1994. - CITY OF SHAKOPEE.
Chrmn. Joos opened the public hearing regarding the above entitled matter.
Minutes of the Page- 2
Shakopee Planning Commission December 8, 1994
The Planning Director provided the following presentations: 1) The Shoreland Zone around
Dean Lake, and; 2) the Racetrack district (RTD) zone surrounding, but not including,
Canterbury Downs.
First, he provided a brief background of what an overlay zone is, the location of the zones in
question, and a review of the Phase II rezoning.
The Planning Director stated that staff would like to recommend to the City Council that the
west side of Dean lake be rezoned to Light Industrial underlying zone, the east side to an
Agricultural underlying zone, and that the Shoreland Overlay Zone be established at a 1,000
foot distance from the Dean Lake ordinary high water mark.
There was a consensus by the Board to go along with staffs recommendation.
The Planning Director then provided a brief background regarding the Racetrack District
(RTD). He stated that the Committee of the Whole recommended (and the City Council
adopted)placing Canterbury Downs in the Major Recreation(MR)zone, and leaving all other
adjacent RTD parcels in the old RTD. The Committee of the Whole requested that the
Planning Commission look more closely at the adjacent parcels.
On the old zoning map, Canterbury Downs covered a majority of the RTD zoned land. There
were approximately 575 acres within the RTD. The racetrack property covered
approximately 390 acres. Other than the Prairie Bend PUD to the west of Shenandoah Drive,
most of the properties around the racetrack are vacant with no pending proposals. Since
much of this area is undeveloped, several alternative development patterns could occur.
He also stated that with the comprehensive planning process well underway and several land
use/transportation questions remaining, staff is recommending that a decision on the rezoning
of these parcels be tabled for a later date. Staff can schedule a separate public hearing at an
appropriate time if the Planning Commission were to choose this.
There was a consensus by the Board to go along with staffs recommendation.
Motion: Comm. Mars/Christensen offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Comm. Christensen/Bladow offered a motion recommending to the City
Council approval of the proposed Phase III zoning map for the Dean Lake
area as shown on Exhibit C in the staff report.
Minutes of the Page- 3
Shakopee Planning Commission December 8, 1994
Vote: Motion carried unanimously.
Motion: Comm. Christensen/Bladow offered a motion to close the Phase III public
hearing and request that staff schedule another public hearing after the
Planning Commission has completed its review of the comprehensive plan
issues for this area.
vote: Motion carried unanimously.
VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN AMENDMENT
TO THE PRELIMINARY DEVELOPMENT PLAN FOR THE PRAIRIE BEND
PLANNED UNIT DEVELOPMENT.LYING SOUTH OF EAST 4TH AVENUE AND
SOUTH AND WEST OF THE KNIGHTS OF COLUMBUS (K.C.) HALL. -
KLINGELHUTZ DEVELOPMENT COMPANY.
Chrmn. Joos opened the public hearing regarding the above entitled matter.
The Senior Planner provided a brief summary regarding this matter. He stated that the
original PUD resolution allowed the multi-family structures to be placed 40 feet from the
street right-of-way on Roundhouse Street. The applicant has now completed the initial
building plans and due to the inclusion of some more double garages then were originally
proposed, it appears that three of the buildings will need to have setbacks less than 40 feet
in order to be constructed as planned. All other buildings will meet the 40 foot setback. The
proposed setbacks on the three buildings are: 37.87 feet, 38.10 feet, and 36.65 feet.
He also stated that the purpose of the PUD section of the Zoning Ordinance is to encourage
the planning of entire ownerships of land as a unit. It also encourages innovation, variety, and
creativity in the site planning process. Variances, such as the one proposed in this PUD
amendment, may be obtained by the developer to provide greater flexibility provided that
amenities beneficial to the public are created with the proposal.
The Senior Planner also stated that it was determined that sufficient amenities beneficial to
the public had been created to justify a reduction of the front yard setback to 40 feet. Staff
believes the requested amendment is substantially similar to the original request and will not
result in an impact that would require the expansion of amenities beneficial to the public.
Therefore, staff recommends approval of Amendment No. 1 to the approval of the final
development plan for the Prairie Bend Planned Unit Development, subject to the conditions
stated in the staff report and the amended #2 condition.
Ms. Beth Andrews, representative from Klingelhutz Development Company, Chaska, MN,
approached the podium. She stated that the original plan allowed for one double car garage
Minutes of the Page- 4
Shakopee Planning Commission December 8, 1994
on each building. After some review, the plan was redesigned with double car garages for
every unit for a better overall development plan.
Motion: Comm. Mars/DuBois offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Comm. Mars/Bladow offered a motion to recommend the approval of
Amendment No. 1 to Resolution No. 4048: A resolution amending the
resolution approving the preliminary and final development plans for Prairie
Bend, subject to the following amended condition no. 2:
2. A variance to Section 11.28, Subd. 5, is approved to reduce the
minimum front yard setback in the multi-family and assisted living
areas from 50 feet to 40 feet with the exception of Lots 2-4 in Block
1 of Prairie Bend 1st Addition. Variances to Section 11.28, Subd. 5,
are approved for Lots 2-4, Block 1 of Prairie Bend 1st Addition to
reduce the minimum front yard setback from 50 feet to 37 feet (lot 2),
38 feet (lot 3) and 36 feet (lot 4).
Comm. Christensen stated that she has a hard time voting for this because it seems all of this
should have been done when we were looking at the plans the first time. She stated a concern
as to why staff is approving this without stating how it meets certain criteria required in order
to get a PUD amendment.
Chrmn. Joos and the Senior Planner explained that the PUD allows the developer and the City
flexibility, including setbacks, and different items that the we do not get within the confines
of the ordinance.
Vote: Motion carried six(6)to zero (0), with Comm. Christensen abstaining from the vote.
VIII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR THE
MINNESOTA VALLEY HEALTH CAMPUS. LOCATED EAST OF CR 17. SOUTH
OF THE PROPOSED SOUTHERLY BYPASS. AND NORTH OF VALLEY VIEW
ROAD. - ST. FRANCIS REGIONAL MEDICAL CENTER (SFRMC).
Chrmn. Joos opened the public hearing regarding the above entitled matter.
The Assistant City Planner stated that attached to the staff report is a letter from Mr. Richard
Wicka of Frauenshuh Companies, representative of the applicants for the Minnesota Valley
Health Campus. With this letter, the applicants are requesting that the public hearing for the
Minutes of the Page - 5
Shakopee Planning Commission December 8, 1994
preliminary Plat be continued to the January 5, 1995, meeting of the Planning Commission.
Motion: Comm. Mars/Madigan offered a motion to continue the public hearing to the
January 5, 1995, meeting of the Planning Commission.
Vote: Motion carried unanimously.
IX. ADJOURNMENT
The meeting adjourned at 9:19 p.m.
#(;
MONTHLY PROGRESS REPORT
December 1994
LAW DEPARTMENT
Civil projects are shown on this page; separate charts showing
prosecutions are attached.
Project Deadline Progress Comments
SPUC EAW for 7/94 Done Spuc also is considering
electrical an alternative site for
substation the substation.
Personnel 1/95 Good Ready to go to the City
handbook Council in early 1995 .
NSP franchise 2/95 Good All issues resolved with
NSP except two.
Subdivision 4/95 On hold To be written after
regulations comprehensive plan is
done.
1994 City 1/95 Slow Put off for other work.
Code update
EDA creation 1/95 Good Resolutions being
prepared for January.
LITIGATION UPDATE
B & B v. City pawnshop license appeal : Oral arguments are
scheduled for January 10th at 11 :30 a.m. A decision should be
rendered within 90 days after that .
Bell v. City defamation action: Although a claim letter was
sent, no lawsuit has been filed.
Lewis v. City age discrimination claim: A response has been sent
to the Minnesota Department of Human Rights explaining that we
reorganized in order to eliminate unnecessary receptionist
positions and to create clerical positions to handle the more
demanding work expected of staff . Ms. Lewis was not the most
qualified applicant for any position. Her age is irrelevant .
Dixon v. City_ race discrimination claim: A response has been
sent to the Minnesota Department of Human Rights explaining that
our police department did not stop Mr. Dixon. His claim is
against the Savage police department .
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SIFIAKOPEE December 14, 1994
Lorin Pulkrabek
506 E. 6th Avenue
Shakopee, MN 55379
Dear Mr. Pulkrabek:
I am in receipt of your letter dated November 27, 1994 regarding assessments for Spencer Street
and possible future assessments for Main Street.
The City's Assessment Policy for north-south streets (such as Spencer and Main) is called a
"zonal" assessment. The zonal assessment method includes those properties lying 1/2 block on
either side of the street being reconstructed. I have enclosed a drawing showing the zonal
assessment area for the Spencer Street Project, which includes your property. The Zonal
Assessment Policy assesses 25%of the roadway construction costs(pavement,curb&gutter,etc.)
and does not include any assessment for water or sanitary sewer. The current Special Assessment
Policy does not allow for assessing water or sewer mains.
At such time that Main Street is rebuilt, the Zonal Assessment Policy will be applied. Your
property does not fall within 1/2 block of Main Street, and would not receive any assessments
for the construction of that street.
If and when 6th Avenue is reconstructed in front of your property, you will be assessed on a
front foot basis. This is the standard assessment procedure for east-west streets. With the front
foot policy you would be assessed for 25% of the roadway costs, prorated over the total footage
of the project. For example, your property is 60 feet wide. If the project were 4 blocks long,
the total front footage would be 4 blocks x 300 feet per block x 2 sides of the street=2,400 front
feet. Your assessment would then be 60/2,400 x 25% of the project costs.
As with the zonal assessment, the current Special Assessment Policy does not allow for
assessments for sanitary sewer or watermain on 6th Avenue, although you may be assessed for
replacing the sewer service from the main to your property, if it is found to be defective.
In your letter you indicated that you felt there was no benefit to your property from the
reconstruction of Spencer Street. As you may remember from the notice of assessments that was
mailed to you, the, deadline for appealing assessments is at the public hearing on those
assessments. That hearing was held on November 1, 1994. Unfortunately, your letter was
received too late for appealing the Spencer Street assessment, although you will be notified if any
of the other streets adjacent to your property are being rebuilt, and have the opportunity to
participate in that process.
COMMUNITY PRIDE SLNCE 1837
129 Holmes Street South Shakopee,Minnesota- ',379-1351 612-4-F-3-1050 FA\ 612-445-6718
•
I hope I have addressed your concerns and adequately explained the assessments that may affect
your property in the future. If you have any questions or would like to discuss the matter further,
please contact me at 445-3650.
Sincerely,
4
David M. Nummer
Staff Engineer
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NOV -2 9-1994 ,11
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NOTICE OF ASSESSMENTS
CITY OF SHAKOPEE
129 Holmes Street So.
SHAKOPEE, MN. 55379
Assessments were levied against your property covering improvements constructed
in the-Calendar year"'" 1994-- ", all such assessments being levied are pursuant to
' law. - -
NAME: Lorin Pulkrabek
PARCEL I.D. # 27-010015-0
ADDRESS: 506 E. 6th Avenue
CITY/STATE: Shakopee, MN 55379
For: 1993-7 STREET RECONSTRUCTION PROJECT
Naumkaeg St, between 2nd Av & 4th Av $
4th Av, between Naumkeag & Fillmore St _
Fillmore St, between 2nd Av & 4th Av
Atwood St, between 4th Av & 5th Av
Spencer St, 1st Av to Shakopee Av $ 757.98
8th Av, Atwood to Spencer
TOTAL ASSESSMENT $ 757.98
The above assessments may be paid at the City Hall on, or before 12/1/94
without interest. One partial payment may also be made prior to 11/30/94
without interest. Such partial payment shall be a minimum amount of $100.00.
Assessments not paid by December 1, 1994 will be payable in equal principal annual
installments extending over a period of ten (10) years, the first installment to
be payable on or before the first Monday in January, 1995, and will be subject to
interest at the rate of 8.00 percent per annum from the date of the adoption
of this assessment resolution.
Each year, all annual installments plus interest will be certified to the County
Auditor for collection along with real estate taxes. No annual installments will
be accepted at City hall. However, the total remaining balance may be paid at any
time at the City Hall.
Any property owner wishing to appeal an assessment must file a written objection,
signed by the affected property owner with the City CIerk prior to the assessment
hearing or present a written objection to the presiding officer at the Public
Hearing.
Any owner may appeal his assessment to the district court pursuant to Minnesota
Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk
of the City within thirty (30) days after the adoption of the assessment and
filing such a notice with the district court within ten (10) days after service
upon the Mayor or Clerk.
Property owners should be aware that both of the procedures described in the
former two paragraphs must be followed in order for an appeal to be valid.
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer .��'y''
SUBJECT: Trunk Sewer Policy
DATE: December 15, 1994
NON-AGENDA INFORMATIONAL ITEM:
Staff is working on the Trunk Sewer Policy and will be making a presentation at the January 10,
1995 Committee of the Whole meeting. The January 10th meeting was set up to discuss funding
issues and may be an appropriate setting for discussing the Trunk Sewer Policy.
DMN/pmp
SEWER
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Adjourned Session December 20, 1994
1 . Roll Call at 7 : 00 P.M.
2 . Approval of the December 6, 1994 meeting minutes .
3 . Other Business
a)
b)
Adjourn
djourn
Dennis R. Kraft
Executive Director
OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 6, 1994
Chrmn. Lynch called the meeting to order at 7 : 02 p.m. with
Commissioners Brekke, Laurent, Beard, and Sweeney present. Also
present: Barry Stock, Assistant City Administrator; Karen Marty,
City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, Planning
Director; Dave Nummer, Staff Engineer; and Gregg Voxland, Finance
Director.
Laurent/Sweeney moved to approve the minutes of October 18th, 25th,
November 1st, 9th, and 15th, 1994 . Motion carried unanimously.
Mr. Stock reviewed briefly previous actions relating to the old
house acquired by the H.R.A. and remodeled (also known as the Stans
house) . He stated that everything is in order for the sale of the
H.R.A. property and that it is appropriate at this time for the
H.R.A. to authorize the proper officials to sign the necessary
documents to complete the sale.
Laurent/Sweeney authorized the appropriate H.R.A. officials to
execute all documents associated with the sale of the property
located at 1124 East 2nd Avenue. Motion carried unanimously.
Sweeney/Beard offered Resolution No. 94-4 , A Resolution Amending
Resolution No. 94-3 Adopting The 1994 Budget, and moved its
adoption. Motion carried unanimously.
Chrmn. Lynch adjourned the meeting to Tuesday, December 20, 1994 at
7 : 00 p.m. Meeting adjourned at 7 : 07 p.m.
Dennis R. Kraft
Executive Director
00vaLj. )/X,/
�� ith S. Cox
y Clerk
cording Secretary
6
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 6, 1994
Mayor Laurent called the meeting to order at 7 : 00 p.m. with
Councilmembers Brekke, Lynch, Beard, and Sweeney present. Also
present: Barry Stock, Assistant City Administrator; Karen Marty,
City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, Planning
Director; Dave Nummer, Staff Engineer; and Gregg Voxland, Finance
Director.
Items added to the agenda: 15a) 101 Southerly Bypass, 15b)
Cancellation of Debt Service (Res. No. 4119) , 15c) Materials for
Levy Presentation, and 15d) SPUC Water Study.
Sweeney/Beard moved to approve the agenda as modified. Motion
carried unanimously.
Mayor Laurent recessed the Council meeting for a Housing &
Redevelopment Authority meeting.
Mayor Laurent re-convened the meeting at 7 : 07 p.m.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor's report.
Mayor Laurent asked if anyone in the audience wished to speak on
any item not on the agenda.
Mr. Chris Anderson, 1438 Maras Street, explained to City Council
that he has acquired a structure at the Backstretch RV park from
the State and desires to move it across the street onto his
property temporarily until he acquires property upon which to place
it permanently. He explained that he must move it by January 1st
and that he recently learned that he needs a conditional, use permit
from the City which he can not get in time to meet the deadline.
He stated that he is trying to do the best he can and asked Council
for direction. Discussion followed. Mayor Laurent advised Mr.
Anderson to discuss the matter further with staff this week and to
apply for the conditional use permit.
Mr. Paul Burton, President of the Shakopee Jaycees presented the
City with a check for $30, 000. 00 as final payment for their
repayment agreement with the City for improvements made to the
Tahpah Park concession stand. He said that the Jaycees appreciate
the help they have received from City staff to develop their vision
of Tahpah Park.
Items added to Consent Business : 13c) 1995 Sanitary Sewer Rates.
Official Proceedings of the December 6, 1994
Shakopee City Council Page -2-
Items removed from Consent Business: 13f) Purchase of Unused
Holiday Time, 13h) CR-18 Cooperative Agreement, 13j ) Refuse
Collection Contract Extension, 13k) Twin City Water Quality Grant
Agreement, 13o) Storm Drainage Billing Policy, and 13z) City
Towing Contract.
Sweeney/Brekke moved to approve the consent business as modified.
Motion carried unanimously with Mayor Laurent abstaining from item
14a, Accepting Improvements for Stonebrooke.
Sweeney/Brekke moved to approve the Minutes of November 1st, 9th,
and 15th, 1994 . (Motion carried under consent business. )
Mr. Stock explained that Mr. O'Brien, Greystone Construction, is
appealing a building permit fee based on the value of the building.
He explained that the Council has received a similar request in the •
past and that they chose to maintain the status quo at that time.
Sweeney/Lynch moved to grant the request from Kevin O'Brien,
Greystone Construction, to reduce the estimated cost placed on the
Holiday Inn Express project for a building permit issued 11-3-94 .
Discussion followed.
Mr. O'Brien, Greystone Construction, stated that they are not
asking for a rebate of the building permit fee but are asking for
a fair valuation on this project.
Mr. Williamson, Developer of the Motel, stated that he is opposed
to the value placed on the building by the City. He stated that he
felt the permit is based on cost of the building and other factors
and that there is in essence a hidden tax.
Motion defeated unanimously.
Sweeney/Brekke moved to direct staff to inform Mr. Handrich that
the City does not reimburse costs to property owners due to the
change of a street name. (Motion approved under consent business. )
Mayor Laurent opened the public hearing on the proposed
installation of a street light at the intersection of Valley Park
Dr. and Valley Industrial Blvd. S.
Mr. Nummer stated that the estimated cost for the street light is
$897 . 00 and that this does not include overhead costs which will be
added for the assessment hearing.
Mayor asked if there were any comments from members of the
audience. There was no response.
Mayor Laurent closed the public hearing.
Official Proceedings of the December 6, 1994
Shakopee City Council Page -3-
Beard/Sweeney offered Resolution No. 4130, A Resolution Ordering An
Improvement By Installation Of 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 unanimously.
Mayor Laurent opened the public hearing on the proposed
improvements to CR-16 from CR-17 to approximately 1, 000' East of
CR-83 , Project 1995-3 .
Mr. Nummer explained that Scott County is constructing CR-16 as a
4-lane urban section with curb and gutter. The City's cost
participation is one-half of the cost for the curb and gutter. He
explained that the assessment policy allows for this cost to be
assessed back to the adjoining property owners. The City's cost is
$65, 800 . 00 . In response to a question, Mr. Nummer stated that
there will be a sidewalk along the South side of CR-16 from
Marschall Road to Vierling Drive and that it will not be assessed.
Mr. Michael Meyer, CR-16 property owner with property also fronting
on Roundhouse Circle, asked how the assessments are distributed.
Mr. Nummer responded that they are assessed on a front foot bases.
He explained that there is an adjustment for lots with double
frontage and that Mr. Meyer would not receive an assessment for the
CR-16 project, but would be assessed when Roundhouse Circle is
reconstructed.
Mr. Rick Johnson, with property fronting on CR-16 , Sarazin and
Roundhouse, questioned the assessments and how it works when you
own property fronting on three sides. Mr. Nummer responded that in
this case he would recommend using the double frontage policy for
CR-16 so there would be no assessment along CR-16 and that when
Sarazin and Roundhouse Streets are rebuilt that we apply the corner
lot adjustment.
There being no additional comments from the members of the
audience, Mayor Laurent closed the public hearing.
Beard/Lynch offered Resolution No. 4131, A Resolution Ordering An
Improvement And The Preparation Of Plans And Specifications For
County State Aid Highway 16 From County Road 17 To Approximately
1, 000 Feet East Of County Road 83 , Project No. 1995-3 , and moved
its adoption. Motion carried unanimously.
Mayor Laurent opened the public hearing on the proposed watermain
improvements to St. Francis Regional Medical Center.
Mr. Ken Adolf, Schoell & Madson, explained that the watermain will
be extended to the northeast corner of the medical center site, one
quarter mile East of CR-17 in order to provide water extension to
the site. He explained the scope of the project, cost, and the
area to be assessed for the improvement. He explained that
Official Proceedings of the December 6 , 1994
Shakopee City Council Page -4-
Shakopee Public Utilities would be paying for the oversizing of the
pipe from 10" to 16" . He said that the project was feasible. He
said that the first phase of the hospital needed water by the fall
of 1995 . He said that some easements would be needed and that they
hoped to negotiate them with the property owners.
Mayor Laurent asked if there was a benefit for water improvements
when sewer is not available. Ms. Marty stated that the courts have
found that improvements can be made available incrementally to
properties.
Gene Hauer, 2088 Hauer Trail, asked if the City can assess for
water improvements if there is not sewer to the property. Mayor
Laurent responded that recent court decisions have upheld
assessments for water when sewer is not available. Mr. Hauer
stated that he was opposed to the project.
Peter Breeggemann, 615 Sommerville, asked how far East of CR-17
that sewer is available. Mr. Ekola said that he did not know where
the sewer is located but that he would be happy to meet with Mr.
Breeggemann to determine its location in relationship to property
owned by Mr. Breeggemann.
Dale Dahlke, 1279 Limestone Drive, representing Dallas Properties,
stated that he strongly feels that there is no benefit to the
townhouse properties. He stated that other townhouse property
owners feel the same. He stated that he is opposed to the project
as it stands.
Mr. Adolf explained that it is SPUC policy that water be available
East to West and North to South and that according to their policy,
the townhouse properties are benefitted by the proposed project.
Mr. Dahlke stated that the grid system of SPUC does not apply to
the townhouse development and that there is no benefit on the North
to South extension. He said that he will fight the assessments all
the way.
Mr. Richard Wicka, on behalf of St. Francis Regional Medical
Center, spoke in support of the project. He stated that it is
critical for their development.
There being no further comments from members of the audience, Mayor
Laurent closed the public hearing.
Mayor Laurent stated that there will be an assessment hearing after
the costs are known, probably sometime in the fall. He said that
the Council may want to give some thought as to how to handle the
assessments for the watermain where there are no other services.
Official Proceedings of the December 6, 1994
Shakopee City Council Page -5-
Lynch/Sweeney offered Resolution No. 4132 , A Resolution Ordering An
Improvement And The Preparation Of Plans And Specifications For The
St. Francis Regional Medical Center Trunk Watermain, Project No.
1995-2 , and moved its adoption. Motion carried unanimously.
Mayor Laurent opened the public hearing on the application from The
Unbank Company for a currency exchange license at Canterbury Downs.
Ms. Cox explained that the currency exchange license is actually
issued by the State of Minnesota Department of Commerce, but that
the City is required to approve the issuance of a license after
holding a public hearing. She stated that staff is unaware of any
reason to deny issuance of a license.
Mayor Laurent asked for comments from members of the audience.
There was no response.
Mayor Laurent closed the public hearing.
Sweeney/Beard offered Resolution No. 4129 , A Resolution Of The City
Of Shakopee, Minnesota, Approving The Application Of The Unbank
Company For A Currency Exchange License At Canterbury Downs
Racetrack, and moved its adoption. Motion carried unanimously.
Sweeney/Beard moved to continue the public hearing on the vacation
of the remainder of the alley in Block 31, Shakopee Plat to April
4 , 1995 . Motion carried unanimously.
The Councilmembers took a 15 minute break at 9 : 10 p.m.
Mr. Stock stated that last week City Council heard a report from
Lifetime Fitness on the community center project. In follow-up to
that report, Mayor Laurent asked him to investigate other
alternatives for a community center. Since this would take more
time than the 20 minute rule allows, he asked direction from the
Council as a Whole. He said that he is looking for input and
direction. Discussion followed.
Beard/Sweeney moved to authorize staff to pursue alternatives for
a community center. Motion carried unanimously.
Sweeney/Brekke moved to approve the application and grant an off
sale intoxicating liquor license to 1 Liquor Outlet, Inc. , 1369
East 1st Avenue conditioned upon receipt of a certificate of
occupancy. (Motion approved under consent business. )
Sweeney/Brekke moved to remove the issue of the 1995 sanitary sewer
rates from the table. (Motion carried under consent business . )
Official Proceedings of the December 6 , 1994
Shakopee City Council Page -6-
Sweeney/Brekke moved to table the issue of the 1995 sanitary sewer
rates to December 20, 1994 . (Motion carried under consent
business. )
Sweeney/Brekke moved to provide continuing authorization to proper
city officials to execute a contract with Unitog for the provision
of uniforms for public works employees as long as pricing is
reasonable. (Motion carried under consent business. )
Sweeney/Brekke moved to direct the City Attorney to amend City Code
Sec. 2 . 05, Subd. 5, to allow the City Administrator to enter into
contracts for previously budgeted services when the annual amount
of the contract does not exceed $5, 000 . 00. (Motion carried under
consent business. )
Discussion ensued on whether or not the contract for refuse
collection should be re-bid at this time and whether or not refuse
collection should be extended to the rural areas.
Beard/Sweeney moved to authorize the appropriate City officials to
execute a three year contract extension for refuse/recycling
collection services by and between the City of Shakopee and Waste
Management, Inc. Motion carried unanimously.
Sweeney/Brekke moved to direct staff to advertise for bids for snow
removal on sidewalks along collector and arterial streets. Motion
carried unanimously.
Sweeney/Lynch moved to direct staff to remove snow on sidewalks
along collector and arterial streets pending receipt of bids.
Motion carried unanimously.
Beard/Sweeney moved to authorize the appropriate City officials to
buy back unused holiday hours from the individuals listed up to the
amount indicated in the memo from the Chief of Police dated 12-1-
94 . (CC DOC #214) Motion carried unanimously.
Sweeney/Brekke moved to direct staff to change the policy by
reducing from 40 to 20 the number of hours of unused holiday time
off earned that the City will buy back from police officers for the
next contract period. Motion defeated with Cncl. Sweeney and Mayor
Laurent for and Cncl.Beard, Lynch and Brekke opposed to the motion.
Beard/Lynch moved to authorize the appropriate City officials to
execute a consultant contract with Schoell & Madson, Inc. for
design fees not-to-exceed $9 , 130. 00 (St. Francis Trunk Watermain,
1995-2) . Motion carried unanimously.
Sweeney/Beard moved to table the CR-18 Cooperative Agreement with
Scott County and other actions relating to the County Road 18
Project. Motion carried unanimously.
Official Proceedings of the December 6, 1994
Shakopee City Council Page -7-
Sweeney/Brekke moved to authorize the appropriate City officials to
execute the Cooperative Agreement with the City of Savage to
perform groundwater analysis within the Shakopee City Limits.
(Motion approved under consent business. )
Beard/Sweeney moved to authorize the proper City officials to
execute the agreement with Metropolitan Council which addresses the
Water Quality Grant. Motion carried unanimously.
Sweeney/Brekke moved to authorize electrical work at Murphy's
Landing by Shakopee Public Utilities Commission for an estimated
cost of $1, 199 . 32 . (Motion approved under consent business. )
Sweeney/Brekke moved to authorize electrical work at Murphy' s
Landing by Reis Electric for an estimated cost of $4 , 325 . 00 .
(Motion approved under consent business. )
Sweeney/Brekke moved to authorize a contingency in the amount of
$500 . 00 for use in processing extra payment requests for electrical
work at Murphy' s Landing. (Motion approved under consent
business. )
Sweeney/Brekke moved to approve the specifications and order the
advertisement for bids for the street sweeper. (Motion carried
under consent business. )
Beard/Brekke moved to authorize staff to install a pedestrian
crossing flashing light with sign at CR-15 and 11th Avenue from the
lowest responsible bidder within two weeks for an amount up to
$5, 500 to include two flashing lights. Motion carried unanimously.
Sweeney/Lynch directed to staff to explore with the school district
cost participation of the pedestrian crossing signal at CR-15 and
11th Avenue. Motion carried unanimously.
Beard/Lynch moved to approve the storm drainage billing policy
dated 12-2-94 . (CC DOC #215) Motion carried unanimously.
Sweeney/Brekke moved to table the Fuller Street/County Road 77
project. Motion carried unanimously.
Discussion ensued on funding sources for the Chaska Interceptor and
for future trunk sanitary sewer improvements. Staff was directed
to look at additional options for the policy, including Jon
Albinson' s two part idea for the Chaska Interceptor, and a trunk
policy without the Chaska Interceptor costs. The City Attorney was
asked to look into the possibility of assessing 25% of the costs
for sewer reconstruction.
Official Proceedings of the December 6, 1994
Shakopee City Council Page -8-
Beard/Sweeney authorized moving the reconstruction of the River
District Trunk Sewer to the 1995 construction season in the Capital
Improvement Plan. Motion carried unanimously.
Beard/Sweeney moved to designate the Sanitary Sewer Fund and the
Capital Improvement Fund as funding sources for the River District
Sewer and PFA (Public Facilities Authority) funding second. Motion
carried unanimously.
Beard/Lynch offered Resolution No. 4138, A Resolution Ordering The
Preparation Of A Report On An Improvement For The River District
Trunk Sewer, and move its adoption. Motion carried unanimously.
Sweeney/Brekke moved to approve the bills in the amount of
$3 , 984 , 898 . 28 . (Motion carried under consent business. )
Sweeney/Brekke moved to accept the quotation from the League of
Minnesota Cities Insurance Trust for workers compensation coverage
for 1995 with medical cost deductible of $500. 00. (Motion carried
under consent business. )
Sweeney/Brekke moved to terminate the probationary status of
Officer Kevin Gulden. (Motion carried under consent business. )
Sweeney/Brekke moved to accept the proposal of Deloitte and Touche
for the provision of audit services for the 1994 fiscal year in the
amount of $15, 950 and authorize the appropriate City officials to
execute a contract for the 1994 audit services. (Motion carried
under consent business. )
Sweeney/Brekke moved to authorize the proper City officials to
execute the revised fire service agreements with Jackson and
Louisville Townships. (Motion carried under consent business. )
Sweeney/Brekke moved to direct staff to perform a stop sign warrant
study at the intersection of 12th Avenue and Polk Street. (Motion
carried under consent business. )
Lynch/Sweeney moved to authorize the proper City officials to enter
into an agreement with Shakopee Towing to tow and store vehicles
for a two year period commencing January 1, 1995 . Motion carried
unanimously.
Sweeney/Brekke offered Resolution No. 4121, A Resolution Accepting
The Public Improvements For Stonebrooke First Addition, and moved
its adoption. (Motion carried under consent business, with Mayor
Laurent abstaining. )
Sweeney/Brekke offered Resolution No. 4124 , A Resolution Accepting
The Public Improvements For Prairie Estates 3rd Addition, and moved
its adoption. (Motion carried under consent business. )
Official Proceedings of the December 6, 1994
Shakopee City Council Page -9-
Sweeney/Brekke offered Resolution No. 4125, A Resolution Accepting
The Public Improvements For The Meadows 8th Addition, and moved its
adoption. (Motion carried under consent business. )
Sweeney/Brekke offered Resolution No. 4126, A Resolution Accepting
The Public Improvements For The Meadows 9th Addition, and moved its
adoption. (Motion carried under consent business. )
Sweeney/Brekke offered Resolution No. 4134 , A Resolution Receiving
A Report And Calling A Hearing On The Reconstruction Of The P & V
Addition And P & V 2nd Addition, Project No. 1995-5, and moved its
adoption. (Motion carried under consent business. )
Sweeney/Brekke offered Resolution No. 4137 , A Resolution Accepting
Work On The 11th Avenue Storm Sewer Laterals, Project No. 1994-6,
and moved its adoption. (Motion carried under consent business. )
Sweeney/Brekke offered Resolution No. 4133 , A Resolution Calling A
Hearing On The Installation Of A Street Light At The Intersection
Of County Road 83 And Valley Industrial Boulevard South, Project
No. 1995-4 , and moved its adoption. (Motion carried under consent
business. )
Sweeney/Brekke offered Ordinance No. 390, Fourth Series, An
Ordinance Of The City Of Shakopee, Minnesota, Amending City Code
Chapter 4, Construction Licensing, Permits and Regulations, By
Repealing Sec. 4 . 25, Water Well Construction, and move its
adoption. (Motion carried under consent business. )
Sweeney/Brekke offered Ordinance No. 391, Fourth Series, An
Ordinance Of The City Of Shakopee, Minnesota, Amending City Code
Chapter 4 , Construction Licensing, Permits And Regulations, By
Repealing Sec. 4 . 40, Housing Code, And Adopting One New Section,
Relating To The Same Subject, and moved its adoption. (Motion
carried under consent business. )
Sweeney/Brekke offered Ordinance No. 392 , Fourth Series, An
Ordinance Of The City Of Shakopee, Minnesota, Amending City Code
Chapter 4 , Construction Licensing, Permits And Regulations, By
Repealing Sec. 4 . 27 , Dangerous Buildings, And Adopting One New
Section, Relating To The Same Subject, and moved its adoption.
(Motion carried under consent business. )
Sweeney/Brekke offered Ordinance No. 393 , Fourth Series, An
Ordinance Of The City Of Shakopee, Minnesota, Amending City Code
Chapter 6, Other Business Regulation And Licensing, Sec. 6 . 02 ,
Applications, By Repealing Subd. 2, Fee, And Adopting One New
Subdivision In Lieu Thereof, Relating To The Same Subject, and move
its adoption. (Motion carried under consent business. )
Official Proceedings of the December 6 , 1994
Shakopee City Council Page -10-
Discussion ensued on the Cooperative Agreement from Mn/DOT for
constructing the Southerly Bypass from the Bloomington Ferry Bridge
to CR-17 . Mr. Nummer explained that staff was not aware of the
magnitude of the City's cost for the drainage improvements
associated with the Bypass construction - $1, 061, 765. 00 - until
receipt of the Agreement on November 22nd and that these costs have
not been included in the Capital Improvement Plan. He stated that
he needed additional time to review the files to determine if the
proposed cost sharing figure is appropriate. Consensus that City
staff should meet with Mn/DOT staff to discuss the agreement and
should research files and that the Agreement be placed on the
December 14th agenda. If the Agreement is approved on December
14th it would not delay the State from opening bids on December 16 ,
1994 .
Sweeney/Lynch offered Resolution No. 4119 , A Resolution Canceling
Debt Service Levies For 1994/95, and moved its adoption. Motion
carried unanimously.
Cncl. Sweeney stated that there are copies on the table of the
materials that he will be using for his levy presentation at the
budget hearing tomorrow evening. He asked Councilmembers to let
him know if they had any comments on the materials.
Cncl . Sweeney informed the City Council that Shakopee Public
Utilities has authorized an additional water study over the Barr
Engineering Study to look at alternative water supply sources for
the City of Savage. SPUC has asked if there are any additional
issues, other than water, that the City wishes to be included in
the study. Discussion followed.
Sweeney/Brekke moved to direct staff to consult with SPUC to
determine if there are any issues, other than potable water
delivery to the City, to include in the SPUC study. Motion carried
unanimously.
Staff was directed to put the memo from Mr. Voxland regarding
townhouse water service on the next agenda.
Mayor Laurent recessed the meeting at 12 . 01 a.m. for an executive
session to discuss litigation.
Mayor Laurent re-convened the meeting at 12 : 08 a,m. and stated that
no action was taken during the executive session.
Mayor Laurent adjourned the meeting to Wednesday, December 7 , 1994
at 7 : 00 p.m. The meeting was adjourned at 12 : 08 a.m.
-i ith S. Cox Lity Clerk
kR .rding Sec etary
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ.REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 7 , 1994
Mayor Laurent called the meeting to order at 7 : 04 p.m. with
Councilmembers Brekke, Lynch, Beard, and Sweeney present. Also
present: Dennis R. Kraft, City Administrator; Gregg Voxland,
Finance Director; and Judith S. Cox, City Clerk.
Mayor Laurent explained that the purpose of the meeting was to
conduct the public hearing as required by statute to receive
comment on the City's proposed pay 1995 property tax levy and to
provide information to the public and to receive input on the 1995
budget.
Mayor Laurent introduced Councilor Sweeney who will be making the
presentation on the City's proposed 1995 budget and thanked him for
making the presentation.
Mayor Laurent opened the public hearing on the City's proposed 1995
budget.
Cncl. Sweeney spoke from the podium using graphics which were shown
on the TV monitors in the council chambers and cable cast to
viewers at home. He showed a recent truth in taxation statement
and identified the portion of the statement referring to the City
and explained that he would be talking about that portion of the
statement only.
Cncl. Sweeney explained that when City Council built the 1995
budget, they did so with the goal of an increase in taxes around
zero on residential properties. When the statements were mailed,
he stated that he was appalled to see the increase about 9% and
that City Council has made adjustments to bring the increase down
to about 3%. He identified four reasons that caused the increase:
the tax capacity formulas for residential property, fiscal
disparities, abatement for a large industrial property, and the tax
capacity formula for commercial/industrial properties.
Using pie charts, Cncl. Sweeney explained where the tax dollars go
including other governmental agencies as well as sources of revenue
and general fund expenditures for the City. He explained that 66%
of operating costs goes to salaries and about one-third goes to
supplies.
Cncl. Sweeney explained that the auditors for 1993 found that the
City of Shakopee is below other jurisdictions in the number of
employees compared to population, excluding fire department and
utilities personnel.
Cncl. Sweeney explained the new positions budgeted in 1995 and the
City's need for them.
Official Proceedings of the December 7 , 1994
Shakopee City Council Page -2-
Cncl. Sweeney showed the assessed value and City taxes payable for
the same five parcels over a seven year period. He pointed out
that the increase in taxes from 1994 to 1995 for all five parcels
was approximately $10. 00 (based on the proposed 1995 tax levy) . He
also showed a graph which showed the increase in taxes over the
past seven years. The graph also showed the increase in City taxes
for the middle value parcel over seven years as compared to the
consumer price index (CPI) . The increase for this parcel was below
the CPI.
Cncl. Sweeney stated that the City's tax capacity is up $1, 000, 000.
The tax capacity rate was originally 27 . 104% but has been reduced
to 25. 188% as a result of adjustments that the City has made.
Mayor Laurent thanked Cncl. Sweeney for his presentation and asked
if there were any questions from the Councilmembers and the
audience.
Warren Moser, 1128 Goldenrod Lane, asked about the code enforcement
position. Cncl. Sweeney explained.
Mr. Don McNeil, 1101 Naumkeag Street, stated that he didn't mind
taxes going up when he can call the City and get answers. He
identified three situations in the past couple of years where he
felt that he did not get help from the City where he had asked.
Mr. Kraft explained the City's position in each of the three cases.
Gregg Weigold, 3000 East CR-42 , complemented Mr. Sweeney on his
presentation and identified a couple of situations where he thought
that there was a waste of staff time: development and pursuing a
rec center after voted down by the voters. Other than that he said
that everyone has done a fine job.
Cncl. Sweeney showed a pie chart and explained the fees that the
City collects for services. Mayor Laurent stated that the City
charges over $1, 000, 000. 00 in fees.
Jon Albinson, Valley Green Business Park, stated that the City's
financial audit showed that each home consumes $1, 050 worth of
services. He asked what would be the market value of a home to
generate that amount in taxes. Mayor Laurent figured that it would
be about a $240, 000. 00 home. He also pointed out that most
residential property in Shakopee is being carried by the taxes paid
by the commercial/industrial properties, because Shakopee has a lot
of commercial/industrial properties.
Mr. McNeil asked if the City ever puts out a survey asking the
residents what services they desire. Mayor Laurent explained that
there was a survey about five years ago and that at that time most
people didn't want services cut, they also didn't want additional
serves that would cause their taxes to go up.
Official Proceedings of the December 7 , 1994
Shakopee City Council Page -3-
There being no further comments from the members of the audience,
Mayor Laurent thanked everyone for coming to the public hearing.
He also invited comments from public on how the City could provide
services in a better way than we are doing it.
Mayor Laurent explained that there will be a subsequent hearing on
December 20th at 7 : 30 p.m. at which time the Council will adopt the
tax levy and the budget.
Mayor Laurent closed the public hearing.
Mayor Laurent adjourned the meeting to Wednesday, December 14 , 1994
at 7 : 00 p.m. Meeting adjourned at 8 : 07 p.m.
Judith S. Cox
City Clerk
Recording Secretary
L)
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorne4441
DATE: December 15, 1994
RE: Surplus & Military Hardware
BACKGROUND:
Mr. Moreland has contacted the City and indicated that he
desires to open a military surplus store. Since some of the items
to be sold are used, this shop would fall under the pawnshop and
secondhand dealer' s ordinance. He would like the City Council to
consider amending the ordinance to exempt an establishment which
sells only military items . The Chief of Police has no objection to
adding items purchased from the federal government as an exception
to the licensing ordinance, since there is little chance that they
are stolen.
ALTERNATIVES :
1 . Direct the City Attorney to prepare an amendment to the
pawnshop and secondhand dealer' s licensing ordinance to exempt the
resale of military goods purchased from the United States military
departments as requested by Mr. Moreland.
2 . Receive and file the letter from Mr. Moreland, without
taking action to amend the ordinance.
RECOMMENDATION:
Direct the City Attorney to prepare an amendment to the
pawnshop and secondhand dealer' s licensing ordinance to exempt the
resale of military goods .
[15CCL]
•p1I lIII•..+J•
•��II iI\\I// \_lI
ZURPIUD o 111,ETDf ilaDD A E
12487 Zinran Ave. Ste. #3 •Savage, MN 55378
ROBERT S. MORELAND - Telephone Fax
President (612)894-0413 (612)894-0490
13 DECEMBER 1994
MAYOR OF SHAKOPEE
SHAKOPEE CITY COUNCIL
129 SO. HOLMES STREET
SHAKOPEE, MN 55379
RE: EXEMPTION TO ORDINANCE #385
DEAR CITY COUNCIL:
This application is being made for an exemption to Ordinance
Number 385 , Subd. 2 . (F) , "SECONDHAND DEALER" . We anticipate moving
to 6268 E. Hwy. 101 in Shakopee, Minn. as soon as possible.
The purchasing by Surplus & Military Hardware is done from
the United States Military Defense/Reutilization Marketing Offices
at various Military bases around the world, from Recognized Surplus
Businesses, and from National Military Wholesale Dealers .
Other than Military type clothing, which we may purchase from
current/former Military personel, we purchase no other type of
merchandise from the general public.
Some of our customers include local police department personel,
and the Scott County Sheriff's Department Swat Team.
We thank you in advance for your consideration on this exemption.
Co di.,all
P�
ic
Robert S. Moreland
Owner
DcMEM � IDC-
MEMO
O
December 13, 1994
TO: CITY OF SHAKOPEE CLERK
FROM: Ruth and Warren Moser Phone: 496-3164 (home)
0:(4,,i.
1128 Goldenrod Lane Warren work: 930-2574
-^ �v - Shakopee, MN Ruth work: 296-7094
3 RE: City Council Agenda, Dec 20, 1994
04 Snowmobile Violations
We are requesting that our concern about snow mobile
violatoions be brought up at the next city council meeting
scheduled for Dec. 20, 1994.
We have made numerous complaints to the Police Department
since the winter of 1992, regarding snowmobile violations in
our neighborhood. We have spoken with a police supervisor
who assured us that they could send out patrols on snow
mobiles when there were enough complaints. (I believe the
county and city had some arrangement available to do this. )
We have spoken to 2 council members, Mike Beard and Kristen
Dirks, and to Barry Sand at the City.
The violations include:
1. ) Adjacent to our lot is a drainage easement which the
city maintains as a bike trail and park land and has posted
with "NO Snowmobile" signs. This park property is adjacent
to our lot on both the south end as well as on the west end.
2 . ) We live on the end of a cul de sac and no one on this
block has a snowmobile, therefore there should be no snow
mobile traffic on this street, according to the city
ordinance.
We observe snowmobile traffic on a regular basis both on our
street and on the park land surrounding our home. Our back
yard consists of a wonderful sliding hill that empties out
into a park area. With the regular snow mobile traffic we
cannot let our children play safely in their own backyard or
slide down our back yard hill. The snow mobile driver
experiences a blind spot due to the hill and wouldn't
necessarily expect to come around the corner and find
children at play.
This is obviously a serious concern of ours and one that we
monitor closely and become very upset about.
We do not consider only our own experience however, and
realize that there are children at play all along that
bikepath who are also at risk.
We would like the city council to look at the number of
snowmobile complaints we and other citizens have submitted
in the last 2-5 years at this meeting or prior to it. We
would like this information to be made available at this
meeting.
We would like to propose that it is time to enact an
ordinance to prohibit snowmobile usage within the city.
The police department has told us time and again that they
are unable to enforce the current ordinances. We beleive if
snowmobile usage is prohibited in the city, violations will
decrease and perhaps enforcement will increase.
Furthermore, we are requesting the city to put up a snow
fence to prevent a tragedy in the park behind our home,
until the snowmobile violations can be controlled.
Please notify us if this will be discussed at the December
20 meeting and aproximately what time it will be discussed.
C OF
EO i 5 1994
#/10 (2
TO: Dennis R. Kraft,City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Snowmobile Complaints
DATE: 12 19 94
INTRODUCTION:
The City has received a written complaint regarding illegal
operation of snowmobiles.
BACKGROUND:
The portion of the City Code dealing with where snowmobiles can be
operated essentially prohibits operate of snowmobiles in town
except:
1. On private property with the permission of the owner,
2. On a city street or alley when traveling directly from the
residence of the operator to the nearest trail system
access.
3 . In ditch bottoms of trunk highways, County Roads and
County State-aid highways.
Operation of snowmobiles is specifically prohibited within 100 feet
of any pedestrian, fisherman, skating rink or sliding area when
such operation would endanger persons or property.
Persons under the age of 14 are not allowed to operate a snowmobile
on public property.
The number of complaints regarding illegal operation of snowmobiles
in Shakopee is up this year. The following numbers of complaints
of illegal snowmobile operation have been received since 01 01 90:
1990 12 Complaints
1991 21 Complaints
1992 11 Complaints
1993 19 Complaints
1994 34 Complaints
20 through Feb 1994
14 since Nov 27 1994
On Sunday, one violator was identified and talked to by a member of
the Sheriff's Snowmobile Patrol. Charges are pending on another.
Checking with other jurisdictions in the area revealed the
following:
Prior Lake - Things are pretty normal. They had two
complaints by this time last season and they have two so far
this season. They are probably going to revisit their City
Code regarding snowmobile operation and would like to confer
with Shakopee if Council decides to revisit ours.
New Prague - The Police Chief reports a big increase in
violations. The Council, the police and the local snowmobile
club are working together to educate and police themselves.
Jordan - Snowmobile complaints are way up. Jordan currently
allows operation of snowmobiles on one trail which goes
through town. The Council has served notice that the trail
will be closed if things don't improve. They want the local
snowmobile club to police themselves and help with education.
Belle Plaine - Complaints are down. The Police Department
says the local snowmobile club is active and helps with
education and enforcement.
Savage - Snowmobiles do not cause many problems.
Scott County - Complaints are running about normal except in
the New Prague area where they have increased.
All jurisdictions report that many complaints involve younger
riders.
In 1991, the City put snowmobilers on notice that continued
complaints would result in stricter regulations - complaints
dropped from 21 in 1991 to 11 in 1992.
Actions the City can take to ameliorate the problem include:
1. Installing snow fence in the area requested by the Mosers,
2. The City can, by written order cause signs to be posted
prohibiting operation of snowmobiles when such operation
would be likely to produce damage to property or endanger
the safety or repose of other persons. Installing more
signs in the area of near the drainage ditch/bike path
would be a good idea. (eg. there is no sign at the end of
Spencer St. ) ,
3 . Plowing the drainage ditch/bike trail might make it less
attractive as a route into or out of town.
4. Involve local snowmobilers in education and self policing
through a cooperative effort between the community
education, the park department and the police department.
5. Place additional restrictions on operation of snowmobiles
by changing Section 8.30 of the City Code.
a. A citywide ban on snowmobile operation does not seem
reasonable in view of the amount of rural area inside
the City limits.
b. Additional restrictions on snowmobile operation north
of the bypass may be something Council wishes to
consider.
c. Move Trail Access points farther south. The access
points are currently at Huber Park, the South end of
Atwood St. and a point just west of Marschall Rd at
11th Avenue. Parking for vehicles and trailers
should be a consideration when new access points are
established.
6. Elevate enforcement levels.
a. Currently, the Scott County Sheriff's Snowmobile
Patrol provides enforcement when requested. This
usually occurs in areas involving higher than normal
numbers of complaints. Some additional enforcement
help is probably available from the County.
b. Council may wish to have staff investigate projected
cost of initiating limited snowmobile patrol by the
police department.
ALTERNATIVES:
1. Install snow fence and signs in selected areas.
2. Plow drainage ditch/bike path.
3. Involve snowmobilers in education and self policing.
4. Prohibit operation of snowmobiles north of the bypass.
5. Relocate trail access points.
6. Elevate enforcement levels.
RECOMMENDATIONS:
Alternatives #1, 2, 3 and 5.
1
•
Subd. 2. Scope of Application. Notwithstanding provisions of this Chapter to the contrary, this
Section shall apply to control of traffic and regulation of that certain class of vehicles falling within
the definition of snowmobiles or ATV as to matters set forth herein. All provisions of this Chapter,
not relating to matters herein stated, apply as equally to snowmobiles or ATV as other vehicles.
Subd. 3. Operation. Except as otherwise herein permitted, it is unlawful for any person to
operate a snowmobile or ATV not licensed as a motor vehicle as follows:
A. On the portion of any right-of-way of any public highway, street, road, trail or alley
used for motor vehicle travel, except that a snowmobile may operate upon the
most right hand lane of a municipal street or alley and may in passing or making
a left hand turn, operate on other lanes which are used for vehicle traffic in the
same direction. A snowmobile may also be operated upon the ditch bottom or the
outside bank of trunk, County State-aid and County highways where such
highways are so configured within the corporate limits.
B. On a public sidewalk or bicycle trail provided for pedestrian or bicycle travel.
C. On boulevards within any public right-of-way.
D. On private property of another without specific permission of the owner or person
in control of said property.
E. At a rate of speed greater than reasonable or proper under all surrounding
circumstances.
F. At any place in a careless, reckless or negligent manner or heedlessly in
disregard of the rights or safety of others, or in a manner so as to endanger or be
likely to endanger or cause injury or damage to any person or property.
G. Snowmobile operations shall be permitted on the City streets when traveling
directly to or from the residence of the operator and the nearest Trail System
access at a rate of speed not in excess of fifteen (15) miles per hour.
H. So as to tow any person or thing except through use of a rigid towbar attached
to the rear of the snowmobile or ATV.
I. At any place while under the influence of alcohol or drugs as defined in M.S.A.
169.121, which is hereby incorporated herein by reference.
J. Within 100 feet of any pedestrian, fisherman, skating rink or sliding area where
the operation would conflict with the use or endanger other persons or property.
Subd. 4. Special Orders. In addition to the regulations provided in Subdivision 3, it is unlawful
to operate a snowmobile or ATV on any public place where prohibited by order of the City. The
City shall have the power, by written order, to prohibit such operation whenever in its discretion
the same would be likely to produce damage to property or endanger the safety or repose of other
persons. Such areas shall be appropriately sign-posted before such order shall become effective.
• 785
a
Subd. 5. Direct Crossings. A snowmobile or AN may make a direct crossing of a street or
highway, except an interstate highway or freeway, provided:
A. The crossing is made at an angle of approximately 90 degrees to the direction of
the street or highway and at a place where no obstruction prevents a quick and
safe crossing.
B. The snowmobile or AN is brought to a complete stop before crossing the
shoulder or main traveled way.
C. The driver yields the right-of-way to all oncoming traffic which constitutes an
immediate hazard.
D. In crossing a divided street or highway, the crossing is made only at an
intersection of such street or highway with another public street or highway.
E. If the crossing is made between the hours of one-half hour after sunset to
one-half hour before sunrise or in conditions of reduced visibility, only if both front
and rear lights are on. AN not licensed as a motor vehicle are forbidden to cross
highways or streets except when they are pushed across by human power. AN
when pushed across highways or streets shall be subject to all the regulations of
this Section.
Subd. 6. Yielding the Right-of-Way. It is unlawful for any person operating a snowmobile to
enter any intersection without yielding the right-of-way to any vehicles or pedestrians at the
intersection, or so close to the intersection as to constitute an immediate hazard.
Subd. 7. Persons Under Eighteen.
A. It is unlawful for any person under the age of fourteen (14) years to operate a
snowmobile on streets, in City parks or other public land, or the roadway surface
of highways, or make a direct crossing of a trunk, County State-aid, or County
highway as the operator of a snowmobile. A person fourteen (14) years of age
or older, but less than eighteen (18)years of age, may operate a snowmobile as
permitted under this Section, only if that person has in his or her possession, a
safety certificate issued by the Commissioner of Natural Resources as provided
by M.S.A. 84.872.
B. It is unlawful for the owner of a snowmobile to permit the snowmobile to be
operated contrary to the provisions of this Section.
D. When operated between the hours of one-half hour after sunset to one-half hour
before sunrise or at a time of reduced visibility, at least one clear lamp attached
to the front, with sufficient intensity to reveal persons and vehicles at a distance
of at least 100 feet ahead during the hours of darkness and under normal
atmospheric conditions. Such head lamp shall be so aimed that glaring rays are
not projected into the eyes of an oncoming snowmobile or ATV operator. It shall
also be equipped with at least one red tail lamp having a minimum candlepower
of sufficient intensity to exhibit a red light plainly visible from a distance of 500
feet to the rear during the hours of darkness under normal atmospheric
conditions.
��. /0 ,4
MURPHY'S LANDING
Minnesota Valley Restoration Inc. A village of 1840-1890
2187 E. Highway 101 Shakopee, Minnesota 55379
Phone:(612)445-6901 Fax:(612)445-4174
(2e)
December 12, 1994
Judith Cox
City Clerk
City of Shakopee
129 Holmes Street South
Shakopee, Minnesota 55379
Re: Request for Blanket Permission Consumption of Alcoholic Beverages
Dear Ms. Cox:
Please accept this letter as a request to the City Council for blanket permission
authorizing the consumption of alcoholic beverages at Murphy's Landing within specified
buildings for private parties. A copy of our space use policy is enclosed defining
buildings and spaces used for these functions.
We request this authorization so that Murphy's Landing will not have to ask permission
for the consumption of alcoholic beverages each time a private function is booked.
Please include this request on the agenda at your earliest convenience. I understand
that this item would be listed as a consent action.
Thank-you.
Sincer• e
/ CX
` r
Shirley Olson/
Executive Director
RECOMMENDED ACTION:
Authorize the consumption of alcoholic beverages at Murphy's
Landing for private parties within: Murphy's Landing Restaurant,
Tabaka House, Herrick House, and the Town Hall.
p
MURPHY'S LANDING SPACE USE POLICY
Private Party Functions
7/9/94
Thank you for considering Murphy's Landing as the site of your upcoming function. We are pleased
to offer you a unique and picturesque location for parties and events. The Landing is located on 87
wooded acres along the Minnesota River on Highway 101 in Shakopee Minnesota. We have a variety
of options available for your event.
Please examine the following rental policies. If you have any questions or would like to tour the site,
call the business office at 445-6901
APPLICATION PROCEDURE
*All applications will be submitted through the sales department of Murphy's Landing.
*All requests for site usage will be booked on a first come first serve basis.
*Booking early helps to ensure site availability.
*A non-refundable down payment of 20%is required to hold all site requests.
*No dates will be held until receiving the non-refundable down payment.
*The down payment will be applied to the total balance due.
*Balance in full is due two weeks prior to events.
HOURS OF AVAILABILITY
Murphy's Landing is open for functions during the following times:
Open to the general public: Tuesdays through Sundays 10:00 to 5:00 p.m.
After Hours: The site will be available for functions after regular open hours.
All after hour parties must leave the site no later than 11:00.
RULES FOR SITE USAGE
*All clients are required to use the approved list of caterers for all food and beverage
functions on site.
*Clients are required to designate one contact person within their organization to act as coordinator.
This individual will be responsible for all organization,coordination and communication with
Murphy';s Landing.
*An agenda or schedule of events must be pre-approved by Murphy's Landing before it is
distributed to event guests.
*All decoration and music must be pre-approved by Murphy's Landing.
*All signs must be pre-approved by Murphy's Landing.
*Alcoholic beverages and smoking are allowed only in approved areas.
*No automobiles will be allowed on site during open hours without prior approval.
Arrangements may be made for handicapped and elderly individuals.
*Murphy's Landing must be notified of any outside companies providing services on site
such as florists,bakeries,and party companies. Murphy's Landing must be notified as to
delivery times.
SPACES AVAILABLE FOR USE
Town Hall -Built in 1893 at Stubbs Bay,this community meeting hall would be the
perfect place for larger indoor events. Capacity for sit down events
is 100.
Church-The Bloomington Ferry Church is available for weddings. Church pews seat up to
100,with a capacity of 120 if folding chairs are used.
Pavilion-The outdoor pavilion is located directly next to the church. Capacity for seating
is 300 people.
Herrick House-The main floor of the Herrick House is available for groups of
approximately 25 people. It is suitable for meetings or smaller events.
The second story of the house is available to use as changing rooms for
weddings and other on site functions. This location has a water source.
Gazebo&Town Square-The Town Square and Gazebo would be the perfect location for an
after hours cocktail party or intimate gathering. Equipped with electricity.
Open Spaces-Most open spaces are available on site for use. The Upper Meadow may be used
for large groups of people.
*All buildings available for rent on site do have limited electrical hook-ups. Meadows and open spaces
have no electrical hook-ups.
11.1111111
SHAKOPEE December 2 , 1994
Ms. Shirley Olson, Executive Director
Murphy's Landing
2187 East Highway 101
Shakopee, MN 55379
Dear Shirley:
I am writing in follow-up to our telephone conversations a few
weeks ago regarding temporary beer licenses and when they are not
required,
Although beer and/or wine can be provided to guests at a
private party (pursuant to conditions outlined earlier) , there is
a city ordinance prohibiting consumption or possession of any
alcoholic beverage on any City park. As we discussed, it would be
appropriate for you to ask City Council to authorize the
consumption of alcoholic beverages at Murphy's Landing within
specified buildings for private parties. Council could give
blanket permission to Murphy's so that you wouldn't have to ask
each time you booked a party. I would also see the request as a
consent action on the Council agenda. Please forward a request at
your earliest convenience so that Council can take action -
preferably at their December 20th meeting.
Another issue I want to bring to your attention is a condition
contained in the March 18, 1994 lease between the City and Murphy's
Landing. I am enclosing a copy for your reference.
According to the lease, page 3, paragraph 4 .b. , the City
should be provided a complete full and detailed inventory of
structures, contents, and artifacts located on or belonging to
Murphy's Landing. To the best of my knowledge that inventory has
not been provided to the City. I have also contacted Mr. Kraft and
he too has not received a copy; and, he asked me to write to you
about it.
Would you please follow-up as soon as is possible and provide
me with the inventory as outlined in the March lease. If there is
a problem doing so, please advise.
Sincereflyf\ /)
u ith S Cox
y Clerk
enc. 1
CC: Dennis R. Kraft, City Administrator
COMMLNIm'PRIDE SINCE 1857
129 Holmes Street South Shakopee,\1inne>ota �;379-1351 612-445.3650 F.\\ 611-445-6715
CITY OF SHAKOPEE
129 HOLMES STREET SOUTH
SHAKOPEE, MINNESOTA 55379
MEMO TO: File
FROM: Judith S. Cox, City Clerk
RE: Beer and Wine At Private Party
DATE: November 17, 1994
Under what conditions may Murphy's Landing allow beer and wine
for private parties at the site?
I spoke with Lance Boelter, Assistant Director, Liquor Control
Commission, regarding what is permissible. The following is a
summary of my understanding from that conversation.
Beer and wine can be available for a private party at Murphy's
Landing under the following conditions:
1] Must be a private party, not open to the public. By
invitation even better.
2] Business giving the party must buy the beer/wine.
Murphy's Landing may not purchase the beer and wine. It would have
to be purchased by the business having the party. The business is
also responsible for picking up the beer/wine and getting it to
Murphy's Landing or they can have it delivered by a delivery
company or anyone of their choosing. (Buying from an off sale
liquor store who delivers is even better. ) The important part is
to keep Murphy's Landing out of the transaction.
3] Dispensing of the beer/wine - The business can hire most
anyone to serve or contract for serving, but there can be no
payment for the liquor. They could pay Murphy's Landing to serve
or a catering company.
4] No charge to guests - The business putting on the party
can not charge the guests for attending the party, for the meal,
beer/wine or any part of the party. The private party is of no
cost to the guests!
LIQUORPR. IVT
1 /
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Hearing For The Adoption Of The 1995 Tax Levy And Budget
Resolutions
DATE: December 5, 1994
Introduction and Background
The state requires that the tax levy and the budget be adopted
at a hearing subsequent to the public hearing on the tax levy and
budget which is December 7th. The Department of Revenue has
indicated that the hearing may be held at a regularly scheduled
council meeting.
Resolution Number 4135 finally adopts the tax levy for payable
1995. The gross tax levy for 1994/95 is the same dollar amount as
for 1993/94 . It includes reimbursement to the General Fund for
1994/95 debt service levies transferred from the General fund in
1994.
Resolution Number 4136 adopts the 1995 Budget. The budget must be
adopted after the tax levy. The change from the proposed budget is
to cut $33,000 for ambulance service and reduce police department
budget by one new officer (part of year originally) .
Action
Open the hearing and call for comments.
Offer Resolution Number 4135, A Resolution Setting the 1994 Tax
Levy, Collectable In 1995, and move its adoption.
Offer Resolution Number 4136, A Resolution Adopting the 1995
Budget, and move its adoption.
Close the hearing.
RESOLUTION NO. 4136
A RESOLUTION ADOPTING THE 1995 BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA that the 1995 Budget with the estimated revenues and
appropriations for the General Fund and the Special Revenue Funds as shown below
is hereby adopted.
Estimated Revenue Expenditures
& Other Sources & Other Uses
General Fund - (Personnel, Supplies &
Capital Outlays)
Mayor and Council $ 69,450
Administration 219,200
City Clerk 121,170
Finance 302,310
Legal 212,090
Planning 464,430
Government Buildings 148,120
Police 1,490,650
Fire 410,240
Inspection 197,780
Engineering 357,100
Street 759,180
Shop 112,120
Pool 136,580
Park 292,420
Recreation 239,580
Unallocated 136.000
Total General Fund $5,699,648 $5,668,420
Transit 467,160 467,160
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1994.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form
City Attorney
RESOLUTION NO. 4135
A RESOLUTION SETTING 1994 TAX LEVY, COLLECTIBLE IN 1995
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT,
MINNESOTA, that the following sums of money be levied as the tax levy in
accordance with existing law for the current year, collectible in 1995, upon the
taxable property in the City of Shakopee, for the following purposes:
GENERAL FUND LEVY $2,805,925
BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit
a certified copy to this resolution to the County Auditor of Scott County,
Minnesota.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1994.
Mayor of the City of Shakopee
ATTEST: Approved as to form
City Clerk City Attorney
f.2 &)
CONSENT
MEMO TO: Dennis Kraft, City Administrator
FROM: Paul Bilotta, Senior Planner
DATE: December 20, 1994
RE: PUD Amendment No. 1 for Prairie Bend
INTRODUCTION:
At its December 8, 1994 meeting, the Planning Commission reviewed the PUD Amendment No. 1
for the Prairie Bend Planned Unit Development.
ALTERNATIVES:
1. Approve Amendment No. 1 to the Prairie Bend Planned Unit Development.
2. Deny Amendment No. 1 to the Prairie Bend Planned Unit Development.
3. Table the decision for further information from the applicant and/or staff.
RECOMMENDATION:
The Planning Commission recommended that the City Council approve Amendment No. 1 to the
Prairie Bend Planned Unit Development.
ACTION REQUESTED
Offer Resolution No. 4142, Amendment No. 1 to Resolution No. 4048, A Resolution
of the City of Shakopee, Minnesota, Approving the Preliminary and Final Development Plans
for Prairie Bend.
Memo To: Shakopee Planning Commission
From: Paul Bilotta, Senior Planner
Date: December 8, 1994
Re: Amendment No. 1 to the Prairie Bend Planned Unit Development (PUD)
Introduction:
Resolution No. 4048 approving the preliminary and final development plans for Prairie Bend were
approved by the City Council on July 26, 1994 (Exhibit A). At the time, the developer was
Sienna Corporation. Since that time, the first phase of the townhouse portion of the development
has been purchased by the Klingelhutz Development Company from Chaska, MN.
Discussion:
The original PUD resolution allowed the multi-family structures (townhomes) to be placed 40 feet
from the street right-of-way on Roundhouse Street (Exhibit B). The applicant has now completed
the initial building plans and due to the inclusion of some more double garages than were
originally proposed, it appears that three of the buildings will need to have setbacks less than 40
feet in order to be constructed as planned. All other buildings will meet the 40 foot setback. The
proposed setbacks on the three buildings are: 37.87 feet, 38.10 feet, and 36.65 feet (Exhibit C).
The applicant has successfully modified design plans on the other buildings so that they will
remain outside of the 40 ft. setback. The three buildings in question are located in a narrow
portion of the development so there is minimal site flexibility.
The purpose of the PUD section of the Zoning Ordinance is to encourage the planning of entire
ownerships of land as a unit. It also encourages innovation, variety, and creativity in the site
planning process. Variances such as the one proposed in this PUD amendment, may be obtained
by the developer to provide greater flexibility provided that amenities beneficial to the public are
created with the proposal.
Alternatives:
1. Approve the amendment as proposed by the applicant.
2. Deny the amendment as proposed by the applicant.
3. Continue the public hearing and request additional information from the applicant or staff.
Staff Recommendation:
During the Planning Commission and City Council's reviews of the original PUD proposal for this
subdivision, it was determined that sufficient amenities beneficial to the public had been created to
justify a reduction of the front yard setback to 40 feet. Staff believes the requested amendment is
substantially similar to the original request and will not result in an impact that would require the
expansion of amenities beneficial to the public.
Staff, therefore, recommends the approval of Amendment No. 1 to the approval of the final
development plan for the Prairie Bend Planned Unit Development, subject to the following
amended condition:
2. A variance to Section 11.28, Subd. 5, be approved to reduce the minimum front yard
setback in the multi-family and assisted living areas from 50 feet to 40 feet except that lots
2-4 in block 1 shall have a variance approved to reduce the minimum front yard setback
from 50 feet to 37 feet (lot 2), 38 feet (lot 3) and 36 feet (lot 4).
Action Requested:
Offer a motion to recommend the approval of Amendment No. 1 to Resolution No. 4048: A
Resolution of the City of Shakopee, Minnesota, Approving the Preliminary and Final
Development Plans for Prairie Bend and move its approval.
EXHIBIT A
RESOLUTION NO. 4048
APPRO� LAG THE
AR
RESOLUTION OF THE CITY OF SHAKOPEE, �l ANS FOR PRAIRIE BEET•
PRELL�11-\ARZ AND FOAL DEVELOPMENT P
LWHEREAS, the Estate of Lorraine Ler.zmeier is the owner of said property; and
WHEREAS, the Sienna Corporation is the anticipated owner and developer of said
property; and
WHEREAS, the property upon which the request is being made is legally described
on Exhibit B; and
WHEREAS, the Planning Commission of the City of Shakopee did review the
Preliminary and Final Development Plans of Prairie Bend on July 7, 1994, and has
recommended its approval; and
have been duly sent and posted and all
WHEREAS, all notices of the public hearing opportunity to be heard thereon.
persons appearing at the hearing have been given an opp ,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, as follows:
That the Preliminary and Final Development Plans of Prairieed Bend,
descect bed on
a
Exhibit B attached hereto and incorporated herein, is hereby pp
following conditions:
the
1.
All driveways and watermains shall be constructed as shown
nicez attached
er is plansle or
in accordance with the provisions of the Uniform Fire Code,
restrictive.
2. A variance to Section 11.28, Subd. 5, be approved to reduce the minimum front yard
setback in the multi-family and assisted living areas from 50 feet to 40 feet.
beapproved to implement the following
3. A variance toSection for alssba le family areas:
minimum requirements
Min. lot area: 9,000 ft.60 ft.
Min. lot width:
Min. lot depth: 1000 f ft.
Min. front yard: 310 ft.
Min. side yard: 0 ft.
Min. street side yard 2 20 ft.
Min. rear yard:
_ _ r � ro�'ed to th€ -.• .-nt that it allows the lo:
4.
A ‘;tri;tnce to Secuo:r-12:07 Subs. 4.G b_ app living provided a condition is
c�,,,tlguratior; for the multiassistedcc
that ensures d adequateaess to all lots. -
plaw�•�t on the preliminary plat
5.
All lots «'itho_:t public street frontage wiil be redrawn
rior�o thetapproval of the final
lots that
h;t‘'e sufticier.: street frontage to satisfy City P
plat for the area.
6. The developer enters into an access agreement that prohibits drect s f
m
individual loss onto 4th Avenue and Sara2in except e two (2) points
shown in the Assisted Living Development area.
The proposed park dedication and trail construction will be accepted in lieu of the
7. City's stand_.� park dedication requirements.
.
and
8.
No building permits will be issued for lots that are not sur dsine sewer hall ter
service and a minimum of a gravel base roadway. Al simprov
approved by the City Engineer. _
9. The developer agrees to waive the right to protest assessments for costs to construct
streets, utilities and drainage crossings to serve this development.
10. All street trees and other landscaping shall be planted outside the public right-of-way
unless otherwise approved by the City Engineer.
11. Any variations to the landscaping plan shall be approved by the Planning Director.
BE IT FURTHER RESOLVED, that the appropriate
City
Officid als
is arened herebyUni
autorized and directed to execute said Agreement for thea
Development. `
Passe
din session of the City Council of the City of Shakopee, Minnesota, held this _
a_--Gtay
, 1994.
J
Mayor f & of Shakopee
Attest: �}
// City Clerk
Ap
Ooved as to form:
-:&;_ i'eJ- -d City Attorney
------77- '
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Exhibit D
RESOLUTION NO. 4142:
AMENDMENT NO. 1 TO RESOLUTION NO.
APPROVING
4048
A RESOLUTION OF THE CITY OF SHAKOPEE,
THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR PRAIRIE BEND.
WHEREAS, Klingelhutz Development Company and 4the a Sienna Corporation are the
owners of the property originally described in Resolution 4048;
WHEREAS, on July 26, 1994,
the Shakopee City Council approved the final
development plan for Prairie Bend in Resolution No. 4048, and
WHEREAS, this Klingelhutz Development Company has made application for an
amendment to the development plans; and
WHEREAS, this amendment affects only that portion of the Planned Unit
Development owned by Klingelhutz Development Company and legally described as follows:
Lots 2-4 of Block 1 in Prairie Bend 1st Addition; and
l
WHEREAS, the Planning Commission of the City of
oo al can did review
Amendment No. 1 on December 8, 1994, and has recommended its pp
have been duly sent and posted and all
WHEREAS, all notices of the public hearing opportunity to be heard thereon.
persons appearing at the hearing have been given
NOW, THEREFORE BE IT RESOLVED BY THECITY of COUNCIL
U uri Ln No.OF THE
CITY OF SHAKOPEE, MINNESOTA,otrevised t conditionition m
048
is hereby amended to reflect
2. A variance to Section 11.28, Subd. 5, is approved to reduce the minimum front yard
setback in the multi-family and assisted living areas from 50 feet n. to 40 fs feet
twith
htthe
exception of Lots 2-4 in Block 1 of Prairie Bend 1s
t n
11.28, Subd. 5, are approved for Lots 2-4,Block 1 of Prairie Bend 1st Addition to reduce
the minimum front yard setback from 50 feet to 37 feet (lot 2), 38 feet (lot 3) and 36 feet
(lot 4).
Passed in session of the City Council of the City of Shakopee, Minnesota, held this
_ day of , 1994.
Mayor of the City of Shakopee
Attest: Approved as to form:
City Clerk City Attorney
.4i
9,„ E,
CONSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, Planning Director
RE: New Zoning Map - Phase III - Dean Lake Area and the RTD
DATE: December 15, 1994
INTRODUCTION:
The Planning Commission reviewed the two areas remaining in the City, which have not be
rezoned to comply with the new zoning ordinance text at a public hearing held on December 8,
1994.
BACKGROUND:
The two areas which need to be rezoned include the old shoreline zoning around Dean Lake and
the Race Track District (RTD) zoned parcels surrounding but not including Canterbury Downs.
Attached is a copy of the Planning Commission's memo for the December 8th meeting.
DISCUSSION:
The Planning Commission is recommending that the west side of Dean Lake be rezoned to a
Light Industrial (I-1) underlying zone, the east side be rezoned to an Agricultural (AG),
underlying zone and the Shoreland (S) overlay zone be established at a 1,000 foot distance from
the Dean Lake ordinary high water mark. This recommended zoning is shown on Exhibit C in
the Planning Commission memo.
The second remaining area needing to be rezoned includes the RTD zoned parcels around but not
including Canterbury Downs. At the December 8th meeting,the Planning Commission continued
their decision on the zoning for the RTD zoned properties to allow for the further development
of the Comprehensive Plan. Several land use and transportation questions still remain with
regards to the area surrounding the racetrack. It is anticipated than a zoning pattern for this area
parcels can be established in February after the Planning Commission has completed their review
of the Comprehensive Plan. Additional information on the RTD zoned parcels can be found in
the Planning Commission memo.
ALTERNATIVES:
1. Adopt Ordinance No. 395, which approves the new zoning for the Dean Lake area as
recommended by the Planning Commission.
2. Make specific changes to the recommended zoning for the Dean Lake area and direct staff
to prepare a revised ordinance.
PLANNING RECOMMENDATION:
The Planning Commission recommends Alternative No. 1.
ACTION REQUESTED:
Offer a motion which adopts Ordinance No. 395, An Ordinance which Approves that the West
Side of Dean Lake be Rezoned to a Light Industrial (I-1) Underlying Zone, the East Side to an
Agricultural (AG) Underlying Zone, and the Shoreland (S) Overlay Zone be Established at a
1,000 Foot Distance from the Dean Lake Ordinary High Water Mark, and move its adoption.
LSE/pmp
ZONING
ORDINANCE NO. 395, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING_ THE CITY
CODE BY ADOPTING THE ZONING MAP FOR THE AREA SURROUNDING DEAN LAKE.
WHEREAS, on June 7, 1994, the City Council adopted Ordinance
No. 377, which adopted a new Chapter 11, Zoning, to the City Code;
and
WHEREAS, Ordinance No. 377 provided that it would not become
effective until the latest of its passage, the publication of its
title and summary, and the passage and publication of an ordinance
or ordinance summary adopting a new zoning map; and
WHEREAS, Ordinance No. 377 passed, and its title and summary
were published on July 7, 1994, but the zoning map was not included
at that time; and
WHEREAS, on August 16, 1994, the City Council passed Ordinance
No. 384, which was published on October 20, 1994, adopting a new
zoning map for the larger industrial areas; and
WHEREAS, on November 15, 1994, the City Council passed
Ordinance No. 389, which was published on November 24, 1994,
adopting a new zoning map for most of the rest of Shakopee; and
WHEREAS, the City Council now desires to adopt the zoning map
for the area around Dean Lake.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That the land shown in Exhibit C is hereby mapped
under the new zoning ordinance as identified on the Exhibit, in
conformity with City Code Sec. 11 . 03 . The underlying zoning is as
shown on the map; and the entire cross-hatched area is included in
the Shoreland Overlay Zone as well .
Section 2 - General Provisions. City Code Chapter 1, General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty For Violation, and Section 11 . 99, Violation a
Misdemeanor, are hereby adopted in their entirety by reference, as
though repeated verbatim herein.
Section 3 - Summary Approved. The City Council hereby
determines that the text of the summary of this ordinance, marked
"Official Summary of Ordinance No. 389" and a copy of which is
attached hereto, clearly informs the public of the intent and
effect of the ordinance. The Council further determines that
publication of the title and such summary will clearly inform the
public of the intent and effect of the ordinance .
Section 4 - Posting and Filing. A copy of this ordinance is
filed in the office of the City Clerk and a copy is provided to the
Scott County Library for posting and filing, at which locations a
copy is available for inspection by any person during regular
office hours.
Section 5 - The City Clerk shall publish the title of this
ordinance and the official summary in the official newspaper with
notice that a printed copy of the ordinance is available for
inspection by any person during regular office hours at the office
of the City Clerk and the Scott County Library.
Section 6 - Effective Date. This ordinance becomes effective
upon its passage and the publication of its title and summary.
Passed in session of the City Council of
the City of Shakopee, Minnesota, held this day of
, 1994 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: 41 City Attorney
Published in the Shakopee Valley News on the day of
, 1994 .
[15CCL]
-2-
EXHIBIT C
BLVD NO a
Of"
d'
PLACE Z
W
J
Q
a f
AVE
Pli
NSP
BLIP4V1711r} V ---- -_::
LAKE
........_
_...-..„-,.- - ----.. - ---. •
NATURAL
11
frA*1$447r _i_
,A I i fk, ...A
11 Noir
di ®DSA �
RIIMIlv
\.,_\.„--, ------„ ,„, Ah.4
AG. 4
RR AP.
74,,i , ,Nir 4‘I ' - .- 6111117P-
i
AG
., . cs„
NO' 16
,
N
Z
AG
ORDINANCE NO. 395, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY
CODE BY ADOPTING THE ZONING MAP FOR THE AREA SURROUNDING DEAN LAKE.
The following is the official summary of Ordinance No. 395,
Fourth Series, approved by the City Council of the City of
Shakopee, Minnesota, on , 1994 :
The City Council adopted the zoning map for the area around
Dean Lake, giving it an underlying zoning designation, and also
including it in the Shoreland Overlay Zone. A map was attached to
the ordinance showing the zoning for this area of the City.
A printed copy of the ordinance is available for inspection by
any person at the office of the City Clerk and at the Scott County
Library.
[15CCL]
r
CONSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, Planning Director
RE: New Zoning Map - Phase III - Dean Lake Area and the RTD
DATE: December 15, 1994
INTRODUCTION:
The Planning Commission reviewed the two areas remaining in the City, which have not be
rezoned to comply with the new zoning ordinance text at a public hearing held on December 8,
1994. .
BACKGROUND:
The two areas which need to be rezoned include the old shoreline zoning around Dean Lake and
the Race Track District (RTD) zoned parcels surrounding but not including Canterbury Downs.
Attached is a copy of the Planning Commission's memo for the December 8th meeting.
DISCUSSION:
The Planning Commission is recommending that the west side of Dean Lake be rezoned to a
Light Industrial (I-1) underlying zone, the east side be rezoned to an Agricultural (AG),
underlying zone and the Shoreland (S) overlay zone be established at a 1,000 foot distance from
the Dean Lake ordinary high water mark. This recommended zoning is shown on Exhibit C in
the Planning Commission memo.
The second remaining area needing to be rezoned includes the RTD zoned parcels around but not
including Canterbury Downs. At the December 8th meeting,the Planning Commission continued
their decision on the zoning for the RTD zoned properties to allow for the further development
of the Comprehensive Plan. Several land use and transportation questions still remain with
regards to the area surrounding the racetrack. It is anticipated than a zoning pattern for this area
parcels can be established in February after the Planning Commission has completed their review
of the Comprehensive Plan. Additional information on the RTD zoned parcels can be found in
the Planning Commission memo.
ALTERNATIVES:
1. Adopt Ordinance No. 395, which approves the new zoning for the Dean Lake area as
recommended by the Planning Commission.
2. Make specific changes to the recommended zoning for the Dean Lake area and direct staff
to prepare a revised ordinance.
PLANNING RECOMMENDATION:
The Planning Commission recommends Alternative No. 1.
ACTION REQUESTED:
Offer a motion which adopts Ordinance No. 395, An Ordinancewhac Approves
o s that
dto
st
Side of Dean Lake be Rezoned to a Light Industrial (I-1) Underlying
Agricultural (AG) Underlying Zone, and the Shoreland (S) Overlay Zone be Established at a
1,000 Foot Distance from the Dean Lake Ordinary High Water Mark, and move its adoption.
LSE/pmp
ZONING
MEMO TO: Shakopee Planning Commission
FROM: Lindberg S. Ekola, Planning Director
RE:
New Zoning ivlap - Phase III
MEETING DATE: December 8, 1994
INTRODUCTION:
Two areas in the City have not been rezoned to comply with the new zoning ordinance text
adopted by the City Council on June 7, 1994. The Shoreland zoning around Dean Lake and the
RTD zone parcels surrounding but not including Canterbury Downs are the two areas needing
further consideration. A separate public hearing has been scheduled for the review of the new
zoning for these two areas by the Planning Commission on December 8, 1994. Staff is referring
to this rezoning effort as Phase III.
SHORELAND OVERLAY ZONE - DEAN LAKE AREA:
Background:
An overlay zone is a set of rules on the uses and/or design standards that apply to a specified area.
The overlay zone regulations are in addition to the regulations established for the underlying zone.
Many cities have used the overlay zoning concept to protect historic, geographical, or natural
features. The overlay zone allows these special areas to be protected or enhanced through
carefully prepared regulations.
The location of the overlay zones should be described separately from the underlying zones on a
zoning map. Since the overlay zones are generally based on a natural or physical feature, their
boundaries do not tend to follow property lines or section lines. Often, overlay zones are a given
distance from a significant feature such as 1000 feet from the ordinary high water mark of lake.
Attached is a copy of the Shoreline district regulations from the old Zoning Ordinance text.
Essentially, the Shoreline district functioned as its own underlying or separate zoning district.
Please refer to Exhibit A.
The new Zoning Ordinance text established several overlay zones including the Shoreland Overlay
Zone. The Phase II zoning map presented to the Planning Commission at the November meeting,
proposed that all Shoreline (old) zoned properties be rezoned to the Agricultural zone
(underlying) with Shoreland Overlay Zone added on top of. The 1000 foot distance from the
water bodies' ordinary high water level (OHW) used to locate the old Shoreline District areas
would be used to define the new Shoreland Overlay zones.
In the review of the Phase II rezoning, Mr. Jon Albinson of Valley Green Business Park,
requested that the Planning Commission continue discussion on the underlying and overlay zoning
for the Dean Lake area. The Planning Commission agreed to this request and directed that staff
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Staff Recommendation:
Staff recommends Alternative Number 1.
RTD ZONE PARCELS AROUND CANTERBURY DOWNS:
Background:
In the process of updating the Zoning Ordinance text, the old Racetrack District (RTD) was
replaced with a new zone, the Major Recreation (MR) zone. Attached as Exhibits D and E are
the old RTD and the new MR regulations, respectively.
Discussion:
The RTD was adopted in 1986 with the purpose of guiding land within and adjacent to
Canterbury Downs into a high quality environment with compatible land uses and efficient traffic
flows. The City was anticipating significant commercial development in this area and the RTD
was created to properly guide the growth. Unfortunately, the growth did not occur. The RTD
zoning has more recently been viewed as not having enough flexibility.
The new MR underlying zone has been established to provide greater flexibility for the various
entertainment activities in the City. In comparing the purpose statements for the RTD and the
MR, one can see the expanded role of the new MR zone.
At the November 9, 1994 meeting, the Committee of the Whole reviewed the Phase II zoning
map and the new zoning considered for Canterbury Downs and the surrounding parcels. A
concern was raised with regards to a potential amphitheater use in areas too close to residential
areas on small parcels surrounding the racetrack. The following alternatives were discussed at
that meeting:
1. Leave the old Racetrack District zoning in place with the mandatory PUD until
after the Comprehensive Plan update is completed and the new zoning pattern can
be established based on the new land use plan.
2. Adopt a text amendment for the Major Recreation zone which would establish
amphitheaters as a conditional or planned unit use and establish requirements for a
minimum lot size (150 acres) and distance to residential uses (2000 feet).
3. Place only the Canterbury Downs site into the Major Recreation zone. Place all
other surrounding parcels into appropriate residential, commercial and
industrial zones.
The Committee of the Whole recommended (and the City Council adopted) placing, Canterbury
1r
Downs in the, fR zone and leaving all other adjacent RTD parcels in the old RTD. The
Committee of the Whole requested that the Planning Commission look more closely at the
adjacent parcels.
On the old zoning map, Canterbury Downs covered a majority of the RTD zoned land. There
were approximately 575 acres within the RTD. The racetrack property covered approximately
390 acres (See Exhibit F). Other than the Prairie Bend PUD to the west of Shenandoah Drive,
most of the properties around the racetrack are vacant with no pending proposals. Since much of
this area is undeveloped, several alternative development patterns could occur.
With the comprehensive planning process well underway and several land use/transportation
questions remaining, staff is recommending that a decision on the rezoning of these parcels be
tabled for a later date. Staff can schedule a separate public hearing at an appropriate time if the
Planning Commission were to choose this.
Staff has prepared additional land use information for the Planning Commission's consideration at
the December 8 meeting, under agenda item #12. This information and possibly other material
would be beneficial to the Planning Commission's discussion.
Alternatives:
1. Review the comprehensive planning issues (land use, transportation, etc.) prior to making
a recommendation on the specific zones.
2. Formulate specific zones for the remaining RTD areas and recommend them to the City
Council.
Stall Recommendation:
Staff recommends alternative 1.
ACTION REQUESTED:
Shoreland Overlay Zone - Dean Lake
1. Offer a motion recommending to the City Council approval of the proposed Phase
III zoning map for Dean Lake area as shown on Exhibit C.
RTD Zoned Parcels Around Canterbury Downs
1. Close the Phase III public hearing and request that staff schedule another public hearing
after the Planning Commission has completed its review of the comprehensive plan issues
for this area.
4
j..P " IE'XT EXHIBIT A
§ 1 } . 35 010000 .1E%41°14°
SEC. 11.35. SHORELINE ZONING DISTRICT.
Subd. 1. Purpose. The major purpose of th s District is to control the density and location of
developments in the shorelands of the protected waters of the City in order to preserve the water
quality and the natural characteristics of the shorelands and protected waters in the City.
Subd. 2. Water bodies. The following water bodies are included in the Shoreland District:
Water Body Classification
Dean Lake Natural Environment
O'Dowd Lake Recreational Development
Unnamed (#70-80) Natural Environment
Eagle Creek Natural Environment
Subd. 3. Permitted Uses. Within any Shoreland District, no structure or land shall be used
except for one or more of the following uses:
A. Agricultural uses, not to include feedlots.
B. Nurseries and forestry uses, not to include greenhouses.
C. Public recreation.
D. Golf courses.
E. Single-family dwellings. ( .
F. Class II day care facility.
Subd. 4. Conditional Uses. Within any Shoreland District, no structures or land shall be used
for the following uses except by conditional use permit:
A. Home occupations.
B. Churches and cemeteries.
C. Schools.
D. Commercial recreation.
E. Boathouses (provided they are not used for habitation and do not contain sanitary
facilities).
F. Class I day care facility.
Subd. 5. Permitted Accessory Uses. Within any Shoreland District, the following uses shall be
permitted accessory uses:
A. Open, off-street parking.
1593 ad
1410
§ 11 . 35
B. Garages and carports.
C. Fences.
D. Gardening and other horticultural uses and the sale of farm products grown on the
premises.
Subd. 6. Lot Area, Height, Lot Width, and Yard Requirements.
Natural Recreational General
Environment Development Development
Waters Waters Waters
Building Setback From
County Road - 75 feet from centerline -
Building Setback From
State Road -135 feet from centerline -
Building Setback From
Local Road - 75 feet from centerline -
Building Setback From
Service Road - 75 feet from centerline -
Building, Roads, and Parking
Area Setback From Ordinary
•
High Water Mark 200 feet 100 feet 75 feet
Lot Size - 2-1/2 acres minimum -
Lot Width - 200 feet minimum -
Side Yard Setback (or
20% of Bldg. Line) - 20 feet -
Rear Yard (Without
Road Frontage) - 20 feet -
Height - 2-1/2 stories -
Alley - Way - 10 feet -
Land Height (Above High
Water Line at Building) - 3 feet -
Maximum Height at Boathouse - 15 feet -
Maximum Lot Area Covered
by Impervious Surface (%) 30 30 30
Sewage System Setback From
Ordinary High Water Mark
(ft.) 150 75 50
Subd. 7. Roads and Parking Areas. Road and parking areas shall be located to retard the
runoff of surface waters and nutrients in accordance with the following criteria:
A. Where feasible and practical, all roads and parking areas shall meet the setback
requirements established for structures in Subdivision 6 of this Section.
B. In no instance shall these impervious surfaces be placed less than 50 feet from
the ordinary high water mark.
ss__d.
1411
C■ 14 -..§ 11 . 35
C. , Natural vegetation or other natural materials shall be used to screen parking areas
when viewed from the water.
Subd. 8. Elevation of Lowest Floor.
A. Structures shall be placed at an elevation consistent with the elevation consistent
with the City's flood plain management controls.
B. In areas not regulated by flood plain management controls the elevation to which
the lowest floor, including basements, shall be placed shall be determined as
follows:
1. For lakes, ponds and flowages by (a) an evaluation of available flood
information and consistent with Statewide Standards and Criteria for
Management of Flood Plain Areas of Minnesota or (b) placing the lowest
floor at a level at least three feet above the highest known water level.
In those instances where sufficient data on known high water levels are
not available, the ordinary high water mark shall be used.
2. For rivers and streams, by an evaluation of available flood information
and consistent with Statewide Standards and Criteria for Management of
Flood Plain Areas of Minnesota.
Subd. 9. Sewage Treatment.
A. Any premises intended for human occupancy shall be provided with an adequate
method of sewage treatment to be maintained in accordance with acceptable
practices.
1. Public or municipal collection and treatment facilities shall be used where
available and where feasible.
2. The standards of the Minnesota Pollution Control Agency (MPCA)
"Individual Sewage Treatment Systems Standards and Appendices", (6
MCAR Sec. 4.8040) are hereby adopted by reference and made a part
of this Section.
3. Permit. It is unlawful for any person to install, alter, repair or extend any
individual sewage treatment system without first obtaining a permit
therefor from the City Engineer.
(a) Application for permit shall be made in writing upon printed
blanks or forms furnished by the City Engineer and shall be
signed by the applicant.
(b) Each application for a permit shall include: a correct legal
description of the property on which the proposed installation,
alteration, repair or extension is to take place; a plan of the site
of reasonable scale and accuracy showing the location of any
proposed or existing buildings, water supply, property lines, and
1993 ed
1412
11 .,3,5 .,
underground or overhead utility lines; a complete plan of the
sewage treatment system showing the location, size and design
of all parts of the system to be installed, altered, repaired, or
extended; the name of the person, firm or corporation who is to
install the system; any further information as required by the
Zoning Administrator.
4.. Compliance. All individual sewage treatment systems within the
Shoreland District shall be designed, installed and maintained in
accordance with the MPCA Standards listed in Item 2 of this
Subparagraph.
5. Inspection. Any installation, alteration, repair or extension of an
individual sewage treatment system shall be inspected to ensure
compliance by the City Engineer or a qualified inspector following
completion of the work but prior to covering the system.
B. All existing sewage treatment systems inconsistent with the standards referenced
in Item 2 of Subparagraph A above shall be brought into conformity or
discontinued within five (5) years from the effective date of this Section. Any
nonconforming sanitary facility found to be a public nuisance shall be brought into
conformity or discontinued within thirty (30) days after receiving written notice
from the zoning Administrator.
Subd. 10. Shoreland Alterations.
A. Repealed.
B. Repealed.
C. Excavations on shorelands where the intended purpose is connection to a
protected water shall require a permit from the City Engineer before construction
is begun. Such permit may be obtained only after the Commissioner of Natural
Resources has issued a permit to work in the beds of protected waters.
D. Any work which will change or diminish the course, current or cross-section of a
protected water or wetland shall be approved by the Commissioner of Natural
Resources, and such approval shall be construed to mean the issuance by the
Commissioner of Natural Resources of a permit under the procedures of
Minnesota Statutes, Section 105.42 and other related statutes.
Subd. 11. Subdivisions.
A. No land shall be subdivided which is held unsuitable by the City for the proposed
use because of flooding, inadequate drainage, soil and rock formations with
severe limitations for development, severe erosion potential, unfavorable
topography, inadequate water supply or sewage treatment capabilities, or any
other feature likely to be harmful to the health, safety or welfare of future
residents of the proposed subdivision or of the community.
1993 ed.
1413
•
F3 11 . 3 5
B. , Copies of all plats within the Shoreland District shall be submitted to the
Commissioner cf Natural Resources within ten (10) days of final approval by the
City.
C. Planned Unit Development (PUD). Altered zoning standards may be allowed as
exceptions to this Section for PUD's provided the preliminary PUD plans are
approved by the Commissioner of Natural Resources.
Subd. 12. Notification Procedures.
A. A copy of the notice of a public hearing to consider a variance to the provisions
of the Shoreland District or a conditional use in the Shoreland District shall be
sent to the Commissioner of Natural Resources such that the notice is received
by the Commissioner at least ten (10) days prior to such hearings.
B. A copy of all amendments to this Section and final decisions granting variances
or conditional uses within the Shoreline District shall be sent to the Commissioner
of Natural Resources within ten (10) days of the amendment or final action. (Ord.
149, August 30, 1984; Ord. 162, March 28, 1985; Ord. 219, July 2, 1987; Ord.
264, May 26, 1989; Ord. 272, August 25, 1989)
(The next page is 1430.)
•
1993 ed
1414
aa NEW 44 1E)(1".
EXHIBIT B
SEC . 11 . 54 . SHORE AND OVERLAY ZONE (sH) .
Subd . 1 . Purpose . The City recognizes the consecuences to the
public health, safety an.l general welfare from f the indiscriminate
mir.ate
use of the shorelands of public waters . The purpose_ of the
shoreland overlay zone is to control.. the density and location of
developments in the shorelands of the • cublic- waters of the City in
order to preserve water auality, enhance the natural
characteristics of the shorelands and provide for the wise use of
public waters and related land resources in the City.
Subd. 2 . Areas Covered.
A. The regulations of the shoreland overlay zone shall apply
to all lands within 1000 feet of the ordinary high water
level o= the following G s l public waters or mapped,
a� ,
whichever is less restrictive :
Name of lake Classification
Dean Lake Watural.. Environment
O'Dowd Lake Recreational Development
Unnamed (#70-80) Natural Environment
3. The regulations of the shoreland overlay zone shall apply
to all lands within 300 feet of the following tributary
streams or as mapped, whichever is less restrictive :
Eagle Creek -
Subd. 3 : Permitted Uses . Within the shoreland overlay zone, no
structure or land shall -be used except":for;One or more of the uses
permitted in the underlying zone.
Subd. 4 . Conditional Uses . Within the shoreland overlay zone, no
Structure or land shall be used for the following uses except by
conditional use permit :
A. any use allowed by conditional use perm_t in the
underlying zone ; or
3 . boathouses . A boathouse is a structure used solely
the storage of a boat or boating equipment . for
Subd . 5 . Permitted Accessory Uses . Within the shoreland overlay
zone, permitted uses are limited to the accessory ~uses
allow d in :he un_-_ lyi na. zone .
Subd. 5 . Desia-n Standards . Within the shoreland overlay zone, no
land shall he used, and no structure shall he constructed or used,
exc`;.t in conformance with the following minimum requirements :
A. Density: as specified :n :he underlying __ne , except as
modified below.
minimum lot area for riparian structures :
residential structures with sewer on_. natural
environment water bodies : 40, 000 square feet
residential structures without sewer on
natural environment water bodies : 80, 000
square feet
residential structures with sewer on
recreational development water bodies : 20 , 000
square feet
residential structures without sewer on
recreational neve i c men water bodies :: 40 , 000
square feet
minimum lot area for non-riparian structures : •
residential structures with sewer on. natural
environment water bodies : 20, 000 square. feet
residential structures without sewer on
natural environment water bodies : 80, 000
square feet
residential structures • with --sewer - on
recreational development. water bodies : 15, 000
square feet
residential structures without - sewer-:: on
recreational development water bodies : 40 , 000
square feet
3. Impervious surface percentage : as specified in the
underlying zone .
C. Lot specifications : as specified in the underlying
• zones , with these additional setback requ___ements :
Minimum lot width at sh_reland building line and ordinary
high water level :
residential structures with sewer on natural
environment water bodies : 125 feet
residential structures with sewer cn recreational
development water codes : 75 feet
residential strut - !res with sewer cn tributary
streams : 75 Leel.
residential structures without sewer on natural
environment water bodies : 230 feet
residential structures without sewer on
recreational development water bodies : 15-0 feet
residential structures without sewer on tributary
streams : 100 feet
The shoreland building line is a line parallel to a lot
line or the ordinary high water level at the reauired
setback, whichever is more restrictive, and beyond which
neither a structure nor a sanitary facility may extend.
Minimum- setback from too of bluff : 30 feet
Minimum setback from ordinary high water level on natural
environment water bodies : 150 feet
Minimum setback from recreational development water
bodies : •
-- any structure with sewer: 75 feet
any structure without sewer: 100 feet
- Minimum setback from ordinary high water level on
tributary streams :
any structure with sewer: 50 feet
: -- any structure without sewer: 100 feet
Minimum-setback for an individual sewage treatment system
from ordinary high water level :
any structure on natural environment water bodies :
- •- . 150 feet
- any structure on development water
bodies : 75 feet
any structure on tributary streams : 75 feet
Minimum setback for roads and parking facilities : where
feasible, all roads and a_k_ng facilities shall meet the
setback requirements established for structures in this
Chapter. In no event shall a road or parking area be
placed less than 50 feet from the ordinary hich water
level or within the shore impact zone, whichever is more
restrictive .
Subd. 7 . Additional Recuirements .
5G
A. Roads and Parking Facilities . Roads and parkin_
facilities shall be _r=ated to retard the runoff cf
surface waters and nutrients . Natural vegetation or
other natural materials shall be used to screen roads and
parking facilities when viewed from public waters .
B . Elevation of Lowest Floor. Structures shall be placed at
an elevation so that the lowest level , including the
basement, is a minimum of three feet above the ordinary
high water level or the highest water level , whichever is
greater.
C. Shoreland Alterations . Alteration of vegetation or
topography is prohibi_ed unless conducted in such a
manner as to prevent soil erosion, preserve shoreland
aesthetics, preserve historic sites , prevent bank
slumping, and protect fish and wildlife habitat .
Vegetation alteration necessary for the construction of
structures and individual sewage treatment systems or for
the construction of roads and parking facilities shall be
exempt from the vegetation alteration standards of this
subdivision. Removal or alteration of vegetation, except - -
for agricultural and forest management uses, shall be
subject to the following standards :
1 . intensive vegetation clearing within the shore
impact zone is prohibited.
2 . In the shore impact zone, limited clearing of trees
and shrubs, and cutting, pruning, and trimming of
trees may occur to provide a view to the water from
the principal dwelling and to accommodate the
placement of permitted accessory structures,
provided that :
a. the screeninc of structures and vehicles, as
viewed from :he water, assuming summer, leaf-
on conditions , is not substantially reduced;
and
b. along tributary streams , existing shading of
water surfaces is preserved.
NotwiL:::Landing the above, the removal of diseased
trees, trees seriously damaged by storms or other
acts of God, and Limbs or branches that are dead,
diseased, or pose safety hazards , shall be
permitted .
D. Stormwater Management .
•
1 . When possible, existing natural d rainaceways, -
wetl ands,-- and 'iece_ated soil surfaces shall be used
to convey, store, filter, and retain stormwater
runoff before discharge to public waters wetlands
and _ public_ waters that are designated on the
protected waters inventory maps prepared under
Minnesota Statutes Section 103G. 201 . Development
shall be planned and constructed in a manner which
will minimize the extent of disturbed areas, runoff
velocities, and erosion potential ; and reduce and
delay runoff volumes . Disturbed areas shall be
stabilized and protected as soon as possible and
facilities or methods shall be used to retain
sediment on the site .
2 . When development density, topographic features, and
soil and vegetati0n conditions are not sufficient
to handle stormwater runoff adequately using
natural features and vegetation, various types of
constructed facilities such as diversions, settling
basins, skimming devices, dikes, waterways, and
ponds may be used.
E. Agricultural and Excavation Standards .
1 . Agricultural uses shall be permitted if steep
slopes and shore impact zones are maintained in
permanent vegetation. The shore impact zone for
parcels with permitted agricultural uses shall be
the area within a line parallel to and 50 feet from
the ordinary high water level .
2 . Mining. uses shall be conducted in accordance with
the requirements of Sec . 11 . 52 of this Chapter.
• Processing machinery is subject to the setback
requirements for structures .
SEC. 11 . 55 . Reserved.
EXHIBIT C
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§ 11 . 36 ®10,17 Zrt, EXHIBIT D
SEC. 11.36. RACE TRACK DISTRICT (RTD).
Subd. 1. Purpose. This mixed use district was created specifically for lands within and adjacent
to the Canterbury Downs Race Track and it is the intent of the district to create a high quality
environment with a high degree of land use compatibility and public street efficiency. It is further
the intent of the district to protect existing landscape features, to preserve open space, to
sensitively integrate development with the natural landscape, to appropriately space accesses to
the public street system and to require the planning of entire land ownerships as a unit rather than
permit piecemeal or scattered development on a lot by lot basis.
Subd. 2. Uses Permitted by Planned Unit Development (PUD).Within the Race Track District,
no structures or land shall be used except for one or more of the following uses, which uses shall
be permitted only PUD and subject to all stated conditions:
A. A licensed Class A race track which includes the following accessory uses,
activities and facilities:
1. Commercial recreation.
2. Employee housing and dormitories.
3. Food and drink concessions, program sales, etc.
4. Horse auctions.
5. Horse barns.
6. Horse racing.
7. Horse training, grooming and exercise facilities.
8. Maintenance facilities and equipment.
9. Off-street parking facilities.
10. Paramutual wagering.
11. Private clubs.
12. Printing and publishing facilities for race track related purposes.
13. Race track administrative offices.
14. Signage.
15. Class I day care facility with an approved PUD Class II day care facility
not allowed.
16. Commercial storage of boats and recreational vehicles - both interior and
exterior.
1553 eu.
•
1430
w § 1 1 . 36
17. Antique, craft, flea, and bargain markets.
18. Product shows for cars, boats and home.
B. Clubs and lodges including fraternal organizations, YMCA's and YWCA's.
C. Minor commercial recreation including but not limited to the following:
1. Bowling alleys.
2. Golf courses.
3. Miniature golf courses.
4. Roller skating rinks.
5. Water slides.
D. Community park, recreation and open space uses which do not conflict with race
track operations.
E. Essential services.
F. Health and athletic clubs.
G. Horse care uses including boarding, training, showing, grooming and veterinary
clinic facilities.
H. Hotels, motels and conference centers including such customary accessory uses
as internalized retail and entertainment facilities provided such uses:
1. Are an integral part of the principal use;
2. Have no entrance except from within the principal building;
3. Display all internal signage on the ground floor level of the building; and,
4. Occupy not more than 25% of the ground floor area.
I. Light industrial uses but specifically limited to office-showroom, corporate offices,
research and development laboratories, warehousing and licht assembly type
maintenance.
J. Offices: Business, corporate and professional.
K. Public buildings.
L. Restaurants: Class I and II but excluding fast-food and drive-in restaurants.
M. Signage as permitted by Section 4.30 of the City Code.
333 eC.
1431
§ 11 . 36 • .
N. Customary Accessory Uses.
Subd. 3. Lot Area, Width and Coverage: Building Height, Yard and Access Spacing
Requirements.
A. Minimum Lot Size: One (1) acre.
B. Minimum Lot Width: 300 feet.
C. Minimum Yards:
1. Front: 50 feet.
2. Side: 25 feet.
3. Rear: 30 feet (50 feet when abutting a residential area).
D. Maximum Hard Surface Lot Coverage: 80%.
E. Maximum Building Height: 35 feet.
F. Minimum Access Spacing: No street or driveway entrance to a major street shall
be located closer to another street or driveway on the same side of the street than
as follows:
1. County Roads 83 and 16: Access limited to public and private streets
only having a minimum spacing of 600 feet.
2. Shenandoah Drive and any continuation thereof to and including
Secretariat Drive; and Fourth Avenue: 300 feet.
Subd. 4. Performance Standards.
A. Acceptable Building Materials.
1. All portions or sides of buildings and all fences which are visible from a
public street or abut residential or institutional uses or zones or places of
assembly such as public parks or recreation facilities shall be constructed
with durable, low maintenance, quality building materials.
2. The following exterior building materials shall be deemed acceptable for
the required portions or sides of the building and fences, if incorporated
into an architectural design which is consistent with the standards
established within the District: face brick, stone, glass, wood,
architecturally treated concrete, decorative block, cast in place or precast
concrete panels.
B. Minimum Landscape Requirements.
1993 ed.
1432
§ 1 1 . 3 6
1. All plant materials used in the required landscaping of the Race Track
District shall comply ,v:th the following minimum sizes:
Major Deciduous: 2-1/2 inch diameter
Ornamental: 1-1/2 inch diameter
Coniferous: 6 feet in height
Major Shrub: 5 gallon
2. Landscaping shall be required in an amount equal to one (1) caliper inch
per 500 square feet of building gross floor area. Credit may be given for
existing quality trees using the same formula.
3. Landscape plans shall be required and shall be prepared by or under the
supervision of a landscape architect. They shall show types, common
and botanical names, sizes, number and location of ail plant materials.
4. No building permit shall be issued until the applicant shall file with the
Building Official, a performance bond, or other guarantee acceptable to
the City, in the amount of one and one-half (1-1/2) times the cost of
completing the required landscaping, said cost to be determined by the
Administrator. The bond or other guarantee shall cover one calendar
year and two complete growing seasons.
C. Screening. The following must be screened: (1) roof-top facilities; (2) parking
areas; (3) loading and service areas; and (4) outdoor storage. One or any
combination of the following elements may be used to meet the screening
requirements: site design, building design, grade separation, berming,
landscaping, fences, walls or other landscape features.
1. Roof-Top Facilities.
(a) All roof-top facilities shall be either.
(1) Totally screened from the eye level view from adjacent
parcels and existing and planned public streets;
(2) Painted to match or complement;
(3) Incorporated into an architectural design which is
aesthetically compatible with the principal structure.
(b) All materials used to screen roof-top facilities shall be
aesthetically compatible with the exterior building materials of the
principal structure.
2. Parking Areas. All parking which occurs within the required front yard
shall be screened to at least the height of the headlights of the parked
vehicles or three feet. The use of screening shall require at least two
types of screening materials used proportionately at 60%/40%. One type
SS3 ed.
1433
§ 11 . 36
of screening material may not be used for more than 60% of the required
screening.
3. Loading and Service Areas. Loading and service areas shall not face
directly on a public street. Maneuvering and truck loading areas shall be
at least 50% screened, to a height of four feet from the eye level from all
roadways.
4. Outdoor Storage. All outdoor storage shall be screened to a height of
six feet on the entire perimeter of the storage area by fully (100%)
opaque fencing, berms, and/or continuous vegetation as approved by the
Planning Commission. This screening must be maintained in a neat and
attractive condition.
5. All required screening shall comply with the performance bonding
requirements established for Landscaping, Subparagraph B of this
Subdivision.
D. Storage. The storage of all materials; semi-finished or finished products; trucks,
business vehicles and equipment and waste products shall be within a completely
enclosed building, except as follows: Outdoor storage of materials, semi-finished
or finished products, trucks, business vehicles, and equipment as a customary
accessory use may be allowed, provided that (1) no outdoor storage will be
permitted within the required front yard setback; (2) no storage may exceed fifteen
feet in height; (3) all outdoor storage items must be neatly placed, in an orderly
and attractive manner; and (4) all outdoor storage must be reviewed and
approved by the Planning Commission in the PUD approval process as in
conformance with the language and intent of this Section.
E. Existing Landscape Features. No tree removal of any kind shall be permitted
in the Race Track District until a Final Development Plan has been approved by
the Council. Grading shall be permitted only upon issuance of a Grading or
Building Permit by the Building Official.
Subd. 5. Variances. Variances may be negotiated within this District except as specifically
restricted by Section 11.40, Subd. 4, A through F. Variances shall be allowed for access spacing
(Subd. 3 F, above) only if the PUD proposal provides for a lesser number of accesses than would
be permitted by strict application of this Section. Variances from Subd. 4, A through E of this
Section, shall not be negotiated. (Ord. 204, July 31, 1986; Ord. 264, May 26, 1989; Ord. 328,
January 30, 1992; Ord. 342, October 29, 1992)
(The next page is 1450.)
9g3 e
1434
e •
. , _, , _ Ni Ew " .
14 14k •
EXHIBIT F.
SEC. 11 . 42 . MAJOR RECREATION ZONE (MR) . -
Subd.- 1 . Purpose . The purpose of the major recreation zone is to
create a high c•,:al_ty environment for large am..:s and
elite i.L
#314z4)
recreation attractions with a regional draw, with a high degree of
land use compatibility and street efficiency. It is further the
intent of the zone to protect existing landscape features, to
preserve open space, to sensitively integrate development with the
natural landscape, and to require the planning of entire land
ownerships as a unit rather than permit piecemeal or scattered
small developments .
Subd. 2'. Permitted Uses . Within the major recreation zone, no
structure or land shall be used except for one or more of the
following uses :
A. public recreation;
B. restaurants, class I;
C. public buildings; or
- - - D. utility services .
-Subd. 3 . Conditional or Planned Unit Development Uses . Within the
==- - ": major recreation zone, no structure or land shall be used for the -
--7277-:' following uses except by conditional use permit or planned unit - -
development :
A. commercial recreation, major or minor:
B. restaurants, class iI;
C. hotels, motels and conference centers;
D. horse care uses including boarding, training, showing,
Grooming and veterinary clinic facilities ;
E
retail uses and entertainment facilities;
F. a.d.m_n_strative, executive, and professional offices;
G. health and athletic facilities ;
H. private lodges and clubs ;
I . uses having a drive-up or drive-through w_':fow.
J. utility service structures ;
K . -day care facilities ;
L . relocated structures ;
M. structures over :he heic_.t allowed based on their
setback;
N. developments ccntainin: more than one principal structure
per lot ; o
0. other uses similar to those permitted in this
subdivision, as determined py the Board of Adjustment and
Appeals .
Srbd. 4 . Permitted Accessory Uses . Within the major recreation
zone, the following uses shall be permitted accessory uses :
A. narking and loading spaces;
B. temporary construction buildings;
C . decorative landscape features; or
D. other accessory uses customarily appurtenant to a
permitted use, as determined by the Zoning Administrator.
Subd. 5 . Design Standards . Within the major recreation zone, no
land shall be used, and no structure shall be constructed or used,
except in conformance with the following minimum requirements :
A. Density: minimum lot area : Ten acres .
B. Maximum impervious surface percentage : 8n.
C. Lot specifications :
minimum lot width: 3L feet
minimum front yard setback : one-half of that structure' s
heicht or 30 fee: , whichever is greater
minimum side yard setback : one-half of that structure' s
heir_=. or 25 fee: , whichever is greater
minimum mum rear yard setback : one-half of that structure' s
hei c_ - or 3 ) fee: , whichever is area-ter
minimum rear yard Cetback from residential zones : one-
half of ____t s:ructure' s heicht or 50 feet,
whichever -s crew -=r
D . :Minimum access - ac_n :
County Roads 83 and 1E : No access is allowed other than
to public and private s:reefs with a minimum spacing of
503 feet .
•
Shenandoah Drive and any continuation thereof to and
`� Secretariat r ire trC
1% uQln _, 1\' , and Fourth Avenue :. S t C
and driveway access points rust be separated by a minimum
of 300 feet .
SEC. 11 . 43 . Reserved.
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BUSINESS PARK
December 1, 1994
Mr. Lindberg Ekola
CITY OF SHAKOPEE
129 South Holmes Street
Shakopee, MN 55379
Re: Shoreland Ordinance Requirements for Valley Green Business Park Land
Dear Lindberg:
Enclosed is a copy of a letter dated November 30, 1994, which we requested from
our planners, Dahlgren, Shardlow & Uban, addressing the underlying zoning for the
Shoreland District surrounding Dean's Lake owned by Valley Green Business Park.
We understand that the Planning Commission will be addressing this issue at their
December 8 meeting, and would ask that you forward this to them for their
consideration at that meeting. We believe the letter substantiates our request to
have the underlying zoning for the Shoreland District land on the west and
northwest portion of Dean's Lake to be established as I-1, which is the zoning of the
contiguous land. We look forward to addressing this issue with you and the
Planning Commission at the December 8 meeting.
Thank you for your interest in our issues.
Respectfully,
( ov,
VW:
EY GREEN BUSINESS PARK
on R. Albinson
Project Director
JRA:jmc
Enclosure
(deanla.ce x CID3)
5140_Vaiiey Inoustnal Boulevard bourn •snakopee. Minnesota ood/y• i eiepnone. to 1 G) 44D- zoo • r aLsinn e. to I Ci 4.43-93/G
•
DAHLGR T N-
SI ARDLOW
AND UBAN`
INCORPORATED
CONSULTING PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE NORTH
SUITE 210
MINNEAPOLIS, MN 55401
612 339 3300 PHONE
612 337 5601 FAX
DATE: November 30, 1994
TO: Jon Albinson
FROM: Dean Carlson, DAHLGREN, SHARDLOW, AND UBAN, INC.
RE: Shoreland Ordinance Requirements for Valley Green Business Park
The City of Shakopee's new zoning ordinance goes into effect January 1, 1995, including a new
shoreland overlay ordinance (Section 11.54). Below is a brief synopsis of how this ordinance
effects the Valley Green property.
According to the new Shoreland Overlay Ordinance, the Shoreland Overlay District is defined as
the first 1,000 feet from the Ordinary High Water Level (OWHL) of Dean Lake or as mapped.
Dean Lake is a DNR classified Natural Environment waterbody.
With the exception of residential uses, setbacks, and possibly impervious surface percentage,
developments in the Shoreland Overlay District are mainly governed by the requirements of the
underlying zoning district. This done by including the phrase "as specified in the underlying
zone" for each of the following provisions:
Peimitted Uses (Subd. 3) Conditional Uses (Subd. 4)
Accessory Uses (Subd. 5) Density (Subd. 6-A)
Lot Specifications*(Subd. 6-C) Impervious Surface Percentage (Subd. 6-B)
* In addition, all uses must be setback 150 feet from the Ordinary High Water Level on
Natural Environment waterbodies.
For example, Subdivision 6-A states: "Density: as specified in the underlying zone, except as
modified below." The ordinance then places additional requirements on residential uses.
1\lemo to Albinson November 28, 1994 Page 2
It should be noted that the Depai ttiient of Natural Resources (DNR) has not yet approved the
City's Shoreland Ordinance. After reviewing the ordinance and after discussions with City
Staff, it appears that the DNR may require some changes to the Ordinance. Although most of
these changes will not greatly effect the Valley Green Business Park property, one provision
may. The DNR will most likely require that the impervious surface percentage not exceed 25
percent, regardless of the underlying impervious surface percentage requirement.
Based on the Shoreland Overlay District language and with discussions with the City, it is our
interpretation that the I-1, Light Industrial District is allowed as an underlying district in the
Shoreland Overlay District. Only residential uses have different lot regulations within the
Shoreland Overlay District.
There are a number of valid policy and development rationales for the proposed rezoning to I-1,
Light Industrial on the west side of Dean Lake. They include:
a) DNR's shoreland requirements never intended to preclude industrial or commercial
development within shoreland areas. DNR's major concern is that all proposed
developments meet the requirements of the shoreland ordinance. There are instances
throughout the state and the metropolitan region where industrial and commercial
uses are permitted in shoreland areas, including such cities as Lakeville, Minnetonka,
and Eden Prairie.
b) The shoreland requirements ensure that all developments, including industrial, have
adequate buffer and environmental protections, thus posing minimal degradation to
the adjacent waterbody.
c) The shoreland configuration on the west side of Dean Lake and the associated
wetlands located in that area make it virtually impossible to site residential homes
within the Shoreland Overlay District in a well planned and efficient manner.
Whereas the adjacent industrial zone to the west of the Shoreland Overlay District
allows further industrial sites to be located in the shoreland area that are of an
adequate size and have the ability to be served by an adequate street system.
d) If the area west of Dean Lake in the Shoreland Overlay Zone were to be developed as
residential, access to this residential neighborhood could only be gained by driving
through a large expanse of industrial land. The desirability and marketability of that
residential area would be problematic at best.
The City has not changed the zoning district around Dean Lake, therefore it remains designated
as an S (Shoreland) District (See Figure 1). The property within the overlay would have to be
rezoned before any development would take place. Figure 1 shows the existing zoning for the
Dean Lake Vicinity and Figure 2 shows the proposed rezoning to I-1.
Memo to Albinson November 28, 1994 Page 3
Once the property is rezoned, the following standards would regulate land use on the west side
of Dean Lake.
I-I LIGHT INDUSTRY
Permitted and Conditional Uses See Attached
Lot Area 1 acre (with City Services)
20 acres (without City Services)
Maximum Impervious Surface 75 percent
Minimum Lot Width 100 feet (with City Services)
600 feet(without City Services)
Maximum Height 45 feet(without a Conditional Use Permit)
Setbacks for Structures Within the Shoreland Overlay District
Structural Setback from OWHL 150 feet
Front Structure Setback 30 feet
Side Structure Setback 15 feet
Rear Structure Setback 30 feet
Structural Setback from Residential Zones 100 feet
Setbacks for Structures Outside the Shoreland Overlay District
Front Structure Setback 30 feet
Side Structure Setback 15 feet
Rear Structure Setback 30 feet
Structural Setback from Residential Zones 100 feet
Note: DNR may require the City to change Impervious Surface Percentage to 25 percent.
•
•
figure` 1 - Existing Zoning +, ��`'''�
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11 I
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{ i i1� t
DEPARTMENT MEMO
To: Shakopee City Council
Dennis Kraft - City Administrator
From: Terry Link - President
Shakopee Fire Deparment Relief Association
Subject: Bylaws update
The Shakopee Fire Department Relief Assocition Bylaws attached
have been updated for two (2) reasons. First being to realign
the Relief Association with the annual Stanton Survey report.
The present Relief Association bylaws are not current in this
respect. The second reason for this update is to meet the 1996
State of Minnesota requirements for Relief Associations and their
bylaws. Several different Articles were revised to meet these
requirements.
The members of the Shakopee Fire Department Relief Association
ask that these bylaws be presented for acceptance before the City
Council at their meeting on December 20, 1994.
1994
STANTON SURVEY
METROPOLITAN AREA
VOLUNTEER FIREFIGHTER PENSION
GROUP 6 Departments, (of like size and communities) ISO Rating
DEPT NAME BENEFIT COMMENTS
White Bear Lake $5,100 if 20 years, paritial after 5 years
Cottage Grove $1,300 Max. of$39,000
Crystal $3,000 Max. of$90,000
Inver Grove Heights $1,300
Woodbury $2,400
New Brighton $2,083 or$425 per mo. at retirement
New Hope $2,650
Golden Valley $2,700
Columbia Heights $2,300
Anoka not disclosed
Andover $3,000 Fully funded, per state statute, $3,000
Hopkins $3,000
Hastings $2,100
Stillwater $2,250
Robbinsdale $3,125 Based on 20 yrs. lump sum
Ramsey not disclosed
Chanhassen $1,950 to max. of 30 yrs
North St. Paul not provided
Shakopee $2,135 1991 figures
Prior Lake $1,900
Savage $2,150
Vadnais Heights not provided
Average: $2,469
Note: All figures annualized where possible. Depts. disclosing annual figures over
$3,000 are based on monthly payments at 20 years service unless otherwise noted.
ESTIMATED ACCRUED LIABILITY
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
1995-1996
Prepared for the Shakopee City Council 12/16/94. This represents a best estimate
of the accured Liability and Municipal contribution required during the 1995 year.
The figures represented herein are subject to changes due to State regulations,
performance of assets, changes in department staff, and the economy. The
projections stated should be used as a tool to prepare for the estimated contribution
amount only.
Computation of benefit of Relief Association at$2,469 per year of service for all members
based on years of service as active members:
Accured liability 1995 $ 871,799
Includes:
1 deferred Pension
Accured liability 1996 $1,048,048
Includes:
4 new hires
1 deferred Pension
Projected normal annual cost:(1995 less 1996) $176,249
Calculation of Minimum Municipal Contribution:
Projected assets 12/31/95 $705,031
Plus projected income $119,308
Total projected assets 12/31/96 $824,339
Less projected disbursements:
Adminstrative Expense $ 4,500
Projected assets at end of year: $819,839
Less accrued liability 1995 $871,799
Projected deficit:(Assets at end of year"96" less accrued liability"95") $ 51,960
Determination of Municipal Contribution(if Deficit):
Projected normal annual cost: $176,249
Plus amortization of Prior Deficits $ 17,246
Plus calculated Adminstrative expense $ 4,500 $249,955
Less:
Minnesota State Aid $ 35,251
5%of projected assets at yr.end $ 40,991 $ 76,242
(the next years state aid)
Municipal contribution:(expenses less income) $121,753
BYLAWS
SHAKOPEE FIRE DEPARTMENT
RELIEF ASSOCIATION
REVISED JANUARY 1 , 1995
INDEX
PAGE
Definitions 1
ARTICLE I : Objectives 1
ARTICLE II : Organization 2
ARTICLE III : Elections and Appointments 2
ARTICLE IV: Duties and Responsibilities 3
ARTICLE V: Qualifications
8
ARTICLE VI : Reinstatements, Impeachments, Dismissals 10
ARTICLE VII : Meeting Procedures 11
ARTICLE VIII : Funds 12
ARTICLE IX: Benefits 13
ARTICLE X: By-Law Alterations and Amendments 17
ATTACHMENT A: Benefit Formula 18
ATTACHMENT B: Investment Policy 19
DEFINITIONS
1. As used in this document, "The Association" shall refer to the
Shakopee Fire Department Relief Association. •
2. As used in this document, "The President" shall refer to the
President of the Shakopee Fire Department Relief Association.
3. As used in this document, "The Vice President" shall refer to the
Vice President of the Shakopee Fire Department Relief Association.
4. As used in this document, "The Secretary" shall refer to the
Secretary of the Shakopee Fire Department Relief Association.
5. As used in this document, "The Treasurer" shall refer to the
Treasurer of the Shakopee Fire Department Relief Association.
6. As used in this document, "The Trustees" shall refer to the Trustees
of the Shakopee Fire Department Relief Association.
7. As used in this document, "The Board" shall refer to the Board of
Trustees of the Shakopee Fire Department Relief Association.
8. As used in this document, "Member" shall refer to any Shakopee Fire
Department Relief Association member in good standing.
ARTICLE I
Objectives
Section 1 . This organization shall be known as the Shakopee Fire
Department Relief Association.
Section 2. The objectives of this organization shall be to:
a. provide pension benefits to the members
b. provide death benefits to member' s spouse, family
or appointed beneficiary.
c. provide disability benefits to the members.
d. provide aid to sick or disabled members or
survivors of any deceased members.
Section 3. The Shakopee Fire Department Relief Association is a
governmental entity that receives and manages public money
to provide retirement benefits for individuals providing
governmental services of firefighting.
1
ARTICLE II
Organization
Section 1. The Association shall be composed of active members of the
Shakopee Fire Department, any members in good standing on
the deferred pension roll and any members in good standing
on the early vested pension roll .
Section 2. There shall be a Board of Trustees composed of the
following:
a. President
b. Vice President
c. Secretary
d. Treasurer
e. Two (2) General Trustees
f. Three (3) statutory ex-officio Trustees:
1 . Chief of the Shakopee Fire Department
2 . Mayor of the City of Shakopee
3. Treasurer of the City of Shakopee
Section 3. The order of accountability shall be as follows:
a. President or President Pro Tem
b. Vice President
c. Secretary
d. Treasurer
e. Senior Trustee
f. Junior Trustees
Section 4. Special Committees may be formed as deemed necessary by the
Association.
Section 5. The members on the early vested and deferred pension rolls
shall not have voting rights in the business of the
Association.
ARTICLE III
Election and Appointments
Section 1 . Election of Officers and Trustees shall be held at the
annual meeting of the Association.
Section 2. The President, Vice President, Secretary, Treasurer, and
Trustees shall be elected to serve a three (3) year term on
a rotating basis. The terms of the President and a one (1)
Trustee shall be concurrent, the terms of the Vice
President and Secretary shall be concurrent and the terms
of the Treasurer and one (1) Trustee shall be concurrent.
Section 3. The Treasurer of the Shakopee Fire Department shall not
also serve as the Treasurer of the Shakopee Fire Department
Relief Association.
2
Section 4. If a vacancy (other than a vacancy caused by removal for
cause of an Officer or Trustee) occurs during the term of
any Officer or Trustee, the remaining members of the Board
of Trustees shall elect a member of the association to
serve for the unexpiref e until
the next scheduledmee
Section 5. If an officer ° trustee
replacementa electedfatetheper
sameicle
VI, Section 1, his/her
special meeting, shall serve out the unexpired term of the
removed Officer or Trustee.
Section 6. A person who has been properly qualified shall be appointed
to membership in the Association by the Board of Trustees.
Section 7 . All elected Officers, Trusteesoan,l Cdommittee
eenMembers shall
assume their resp at which they
d
responsibilities after the annual meeting
where elected.
ARTICLE IV
Duties and Responsibilities
Section 1. The duties and responsibilities of the Board of Trustees
a. The Board shall act as trustees with a fiduciary
obligation to the
and tosof the the StatesofcMinnesotation, � the
City of Shakopee,p ,
b. The Board shall meet at least four (4) times during
the year.
c. The Board shall prepare modes and plansOfor
atthe
e sands
and profitable investment of the unappropriated
of the Association, and whenever loans or investments
are made, to investigate and drawingass upon
andthe
executionlof
offered and to attend to
the necessary papers.
d. The Board shall order aandtof the books and
the Treasurer annually,
accounts of the Secretary
according to law, and shall submit a written report on
the condition of the Association to the members at the
annual meeting.
e. The Board shall have exclusinecontrol of conformance withsstates
for the Association funds,
statutes.
3
f. The Board shall conduct an investigation to determine
if an applicant is physically and mentally sound, so
as to prevent unwarranted risk of liability of
benefits, to the Association.
Section 2 . The duties and responsibilities of the President
a. He/she shall call and preside at all Association and
Board of Trustee meetings, to preserve order and to
decide all points of order that may arise (Roberts
Rules of Order Newly Revised Shall Prevail) . His/her
decisions are subject to an appeal by the members of
the Association.
b. He/she shall see that all subordinate Officers execute
their obligations and duties to the best of their
abilities.
c. He/she shall countersign all checks issued by the
Treasurer and all other Association documents which
requires his/her signature.
d. He/she shall be a member of all committees and shall
exercise careful supervision over the affairs of the
Association.
e. He/she shall enforce the due observance of Minnesota
State Statutes, the Articles of Incorporation and the
Bylaws of the Association.
f. He/she shall be bonded, prior to entering office, in
such amount and with such sureties as may be required
and approved by the Board of Trustees. This bond will
be paid for from the Special Fund of the Association.
g. He/she shall receive such salary as may be fixed by
the Board of Trustees, subject to approval of the ,
Association, and payable from the Special Fund of the
Association.
h. He/she shall be an active member of the Shakopee Fire
Department.
i. He/she shall obey all Laws pertaining to the
Association.
Section 3. The duties and responsibilities of the Vice President
a. He/she shall assume the duties of the President in
his/her absence.
1 . In the absence of both the President and Vice
President it shall be the duty of the Association
4
to elect a President pro tem. , who shall perform
the duties incident to the office.
b. He/she shall sign all Association documents which .
requires his/her signature.
c. He/she shall oversee the functionsof all committees.
He/She shall also, if necessary,
for the completion of these committees
responsibilities.
d. He/she shall be present, if possible, at all
association functions.
e. He/she shall be an active member of the Shakopee Fire
Department.
f. He/she shall obey all laws pertaining to the
Association.
Section 4 The duties and responsibilities of the Secretary
a. He/she shall keep a true and accurate record of the
proceeding of all meetings of the Association and of
the Board of Trustees.
ndments,
b. He/she shall keep a correc� r�herd of bylawslinaaeseoarate
alterations and additions to
book from the minute book of the Association.
c. He/she shall keep a roll of membership, with the date
of joining, resignation, and discharge, leaves of
absence, dues and assessments paid and relief or
pensions furnished.
d. He/she shall prepare all paperwork and attain required
signatures for relief benefits due to membership and
insure benefits are distributed to the appropriate
parties.
e. He/she shall give notice of all
special
pf ameetings of
the Association and of the Board
s, in
accordance with Article VII, Section 2.
f. He/she shall send written notice by registered
letter
of dues due date at least 20 days priorto vesteddue pensionate to
all persons on the deferred or early
rolls, with notice to be sent to last available
address.
5
g. He/she shall receive all monies due the Association
and pay the same over to the Treasurer, taking a
receipt from the Treasurer. Failure to perform such
duties, the Secretary may be impeached and/or expelled
from the Association.
h. He/she shall jointly, with the Treasurer, prepare,
process and file all correspondence, reports and
statements required by law.
i . He/she shall be bonded, prior to taking office, in
such amount and with such sureties as may be required
and approved by the Board of Trustees. This bond will
be paid for from the Special Fund of the Association.
j . He/she shall keep all records open for inspection by
any member of the Association at reasonable times and
places.
k. He/she shall receive such salary as may be fixed from
time to time by the Board of Trustees, subject to
approval by the Association and payable from the
Special Fund of the Association.
1 . He/she shall be present if possible, at all
Association functions.
m. He/she shall be an active member of the Shakopee Fire
Department.
n. He/she shall obey all Laws pertaining to the
Association.
Section 5 The duties and responsibilities of the Treasurer are:
a. He/she shall receive from the Secretary all funds
belonging to the Association and hold them subject to
the order of the President. While holding said funds,
the Treasurer shall invest them in accordance with
state law and the Bylaws in order to maximize the
return to the Association. The Treasurer shall keep
the Board of Trustees informed of investment activity
and shall follow the directives of the Board of
Trustees for investing.
b. He/she shall keep separate and distinct accounts of
the Special and General Funds.
c. He/she shall prepare for each meeting of the Board of
Trustees, a report of the assets and liabilities of
each fund.
6
d. He/she shall prepare for each meeting of the
Association, a report of the assets and liabilities of
each fund, and upon request, provide a copy to any
member.
e. He/she shall be bonded, prior to entering office, in
such amount and with such sureties as may be required
and approved by the Board of Trustees. This bond will
be paid for from the Special Fund of the Association.
f. He/she shall perform the obligations of his/her
position, failing to do so he/she may be impeached
and/or expelled from the Association.
g. He/she shall deliver to his/her successor in office or
any committee appointed by the Board of Trustees to
receive the same, all monies, books, papers and other
items pertaining to this office immediately upon the
expiration of this office.
h. He/she shall prepare and file jointly with the
Secretary all reports and statements required by law.
i . He/she shall sign all checks and all Association
documents which require his/her signature.
j . He/she shall receive such salary as may be fixed by
the board of trustees, subject to the approval of the
Association and payable from the Special Fund of the
Association.
k. He/she shall be present if possible, at all
Association functions.
1 . He/she shall be an active member of the Shakopee Fire
Department.
m. He/she shall obey all Laws pertaining to the
Association.
Section 6 The duties and responsibilities of the General Trustees
a. He/she shall be present if possible, at all
Association functions.
b. He/she shall be an active member of the Shakopee Fire
Department.
c. He/she shall obey all Laws pertaining to the
Association.
7
Section 7 The duties and responsibilities of the Active Members
a. He/she shall be present if possible, at all
Association functions.
b. He/she shall pay to the Association annual dues of
$3.00 payable on or before the date of the annual
meeting of the association.
c. He/she shall be an active member of the Shakopee Fire
Department.
Section 8 The duties and responsibilities of the members on the
Deferred Pension roll
a. He/she shall pay to the Association annual dues of
$3.00 payable on or before the date of the annual
meeting of the Association.
Section 9 The duties and responsibilities of the members on the Early
Vested Pension roll
a. He/she shall pay to the Association annual dues of
$3.00 payable on or before the date of the annual
meeting of the Association.
Section 10 The duties and responsibilities of the Ex-Officio Members
a. He/she shall be present if possible at all Association
functions and fulfill the duties of the trustees.
ARTICLE V
Qualifications
Section 1 Qualifications for membership within the Association
a. He/she shall be a member in good standing of the
Shakopee Fire Department.
b. He/she shall submit, in writing, an application for
membership on a form supplied by the Secretary of the
Relief Association. All applications for membership
will be reviewed and acted upon by the Board of
Trustees, or said committee as appointed, within sixty
(60) day from the date of application.
c. He/she shall pay a $3.00 application fee.
d. He/she shall pay dues within thirty (30) days of due
date.
8
e. He/she shall be a member in good standing on the early
vested pension roll or the deferred pension roll .
f. Each member shall be entitled to one (1) vote on any
matter upon membership. Voting by proxy is not
permitted. All votes, unless specified prior to the
vote, shall be conducted by a voice vote. If a
majority cannot be determined by voice vote, the
Officer in charge of the vote shall ask for a show of
hands.
g. No applicant may be excluded except if the member has
some medically determinable physical or mental
impairment or condition, which would constitute a
predictable and unwarranted risk of imposing liability
for an ancillary benefit at any age earlier than the
minimum age specified for receipt of a service
pension.
Section 2 Qualifications for membership on the early vested pension
roll
a. He/she shall be a member who has served for more than
five (5) years, but less than twenty (20) years, as an
active member of the Shakopee Fire Department. Said
member may retire from the Shakopee Fire Department
and be placed on the early vested pension roll .
b. He/she shall pay dues within thirty (30) days of due
date. Failure to do so will result in forfeiture of
pension.
Section 3 Qualifications for membership on the deferred pension roll
a. He/she shall be a member who has served for more than
twenty (20) years as an active member of the Shakopee
Fire Department, but has not reached the age of fifty
(50) years. Said member may retire from the Shakopee
Fire Department and be placed on the deferred pension
roll .
b. He/she shall pay dues with in thirty (30) days of due
date. Failure to do so will result in forfeiture of
pension.
Section 4 Qualifications for membership as a disabled member
a. He/she shall be a former member who has been
permanently disabled due to injury or sickness while
an active member and is no longer in active service
with the Shakopee Fire Department.
9
ARTICLE VI
Reinstatements, Impeachments, Dismissals
.ection 1 Impeachments
a. A general trustee or officer may be removed from
office.
b. Cause for such removal shall include, but not limited
to, the breach of duties as set forth in Articles IV
and V of these bylaws.
c. Any or all elected officers may be removed by a 2/3
vote of voting members present at a special meeting
called for that purpose.
d. Notice of the meeting at which the impeachment is to
be considered shall be given to each member and shall
include the purpose of the meeting.
e. The officer(s) shall be furnished wfithe (5)tatemeaysntfofe
of
the particular charge(s) at least
the special meeting.
f. The officer(s) shall be given an opportunity to defend
themselves against each charge at the special meeting.
Section 2 Dismissals
a. Any member of the association who fails to pay the
dues within thirty (30) days of the time when such
payment was due, stands suspended from membership and
forfeits all rights and benefits thereunder by such
non-payment without any action by the association, or
any association officer.
b. Any member who fraudulently claims benefits from, or
attempts to defraud, or defrauds the association may
be removed from membership status (dismissed) after a
formal hearing by the Board of Trusteesagoainst
and clarify the charge(s) the
involved member with a report given at a special
meeting called for that purpose. A 2/3 vote of the
associations voting members present at this special
meeting is required for dismissal. The charge(s)
against said member shall be made in writing and
submitted to the Secretary at least one month before
the formal hearing by the Board of Trustees. A copy
of said charge(s) shall be served upon said memberhar t
the same time it is presented to the secretary.
dismissed member shall forfeit all further rights to
benefits from the association.
10
Section 3 Reinstatement
a. Any suspended or dismissed member can only be
reinstated upon their application in writing,
presented at a regular or special meeting of the
association, accompanied by a sum of money equal to
what he/she would have been required to pay to the
association during the period of suspension had he/she
not been suspended, plus a reinstatement fee of $3.00,
upon the favorable vote of 2/3 of the voting members
present. If the reinstatement is unsuccessful the
money shall be returned to the applicant.
ARTICLE VII
Meeting Procedures
Section 1 The annual meeting of the association shall be held on the
third Monday of January in each year except if said day is.
a holiday, said meeting shall be held on the next
succeeding Monday. The place of the meeting shall be
designated and may be changed from time to time by the
Board ofTleastes.ten N10)cdays inthe
advance,meeting shall be
posted at
Section 2 Special meetings of the association or idortthe B2oardbofs of the
rd of
Trustees may be called by
the board of trustees, or 25% of the members of the
association. Members or trustees shall be notified by the
Secretary of such special meetings and the object of the
meeting shall be contained in such notice. This notice
shall be given five (5) days prior to the special meeting.
Section 3 The meetings of the Board of Trustees shall be held at the
Shakopeeeunless d cnoticed e of efor sanother cthe in
place within the state
Shakopee
as designated by the board.
Section 4 A majority of the Board of Trustees then in office, and 60%
of the members of the association shall constitute quorums
for the transaction of business at their respective
meetings.
Section 5 Roberts Rule of Orders, Newly Revised, shall prevail at all
Association meetings for matters not specifically covered
by these by-laws.
Section 6 The Order of Business shall be:
a. Call to order
b. Roll call
c. Reading of minutes of previous meeting
11
d. Reading of reports and minutes of Board of Trustees
meetings
e. Reports of officers
f. Nominations for membership
g. Reports of special committees
h. Unfinished business
i . Election of officers and trustees (annual meeting) .
j . New business
k. Adjournment
ARTICLE VIII
Funds
Section 1 The funds received by this association from dues,
donations, fines, application fees, entertainments and
other miscellaneous sources shall be kept in the General
Fund of the association and may be disbursed for any
purpose reasonably related to the welfare of the •
association or its members, as authorized by the majority
of the membership or of the Board of Trustees present.
Disbursement from the fund shall be in accordance with
Minnesota Statutes and Rules and the bylaws of the
Association.
Section 2 All funds received by the association from any tax sources,
and all funds or property donated or granted to the
association for the benefit of this fund shall be kept in a
separate account on the books of the Treasurer known as the
Special Fund and shall disbursed for the following purposes
only.
a. Payment of member' s service pension benefits in
accordance with these bylaws.
b. payment of ancillary benefits in accordance with these
bylaws.
c. Administrative expenses as limited by Minnesota law.
d. All other expenses of the Association shall be paid
out of the General Fund.
Section 3 All salaries paid for administrative purposes will be fixed
by the Board of Trustees, subject to the approval of
Association, and payable from the Special Fund of the
Association.
Section 4 The Board of Trustees shall authorize all disbursements
from the Special Fund of the Association.
12
%ection 5 No disbursement of funds of this
eAssociation
cshashall
beg made
except by checks drawn by the
by the President. Except when issued for salaries,
pensions and other fixed charges, the exact amount of which
has previously been determined by the Board of Trustees or
the members, no check shall be iss
by unthtil theard claim to
which it relates has been approved
Trustees.
ection 6 All money belonging to this association shall be deposited
to the credit of this association in such banks, trust
companies, savings and loan associations orstees may other
Funds
depositories as the Board of Tthetexpenses of the
not needed immediately to pay
association may be invested as follows;
a. The Board of Trustees shall determine in accordance
with MSA 356a.08, the minimum liquidity required in
accordance with the investment policy. Such
determination shall be documented and retained for
three years.
b. Remaining funds not subject to. clause (a) above may be
invested in accordance with MSA 356a.06 with the State
Board of Investment, in certificates of deposit,
savings accounts, or governmental obligations. All
investments shall be in accordance to the investment
policy of the Association. Existing investments in
corporate debt or shares in a qualified open-end
investment companies (limited partnerships) will be
continued as of 9/9/91 until liquidation of said
investments is determined to be financially •
acceptable.
c. Funds shall be invested with the criterialofand
preservation of principal, liquidity, y
diversification.
ARTICLE IX
Benefits
Section 1 Application for benefits
a. All applications for relief orpensionbbbenefits shall
be made in writing on forms
the
Secretary.
b. All applications for disability benefits shall be
submitted to the Board of Trustees at airegular
or
special meeting of the board. The app application
hall
be accompanied by a certificate from the attending
13
physician or surgeon setting forth the nature of the
illness or injury, the cause and duration thereof, the
length of time the applicant has been unable to
perform the duties of a firefighter, and an estimate
of the time at which the applicant will be able to
return to his/her duties as a firefighter.
c. All applications for pensions shall be submitted to
the Board of Trustees at a regular or special meeting
of the board.
d. All applications for pensions shall state the age of
the applicant, the period(s) of service in and the
date of retirement from active duty in the Shakopee
Fire Department, the length of time he/she has been a
member of the association, and such other information
as the Board of Trustees may require.
e. No benefits or pensions shall be paid until an
application therefor has been approved by a majority
vote of the Board of Trustees. The boards decision
shall be subject to appeal by the members of the
Association.
f. No other benefits shall be paid to or on behalf of any
member who has received a service pension.
g. For purposes of computing benefits of pensions payable
under Articles IX, section 2 and 3, a "year of
service" shall be defined as a period of 12 full
months of active duty in the Shakopee Fire Department,
beginning on the date when the member became an active
firefighter in the department. If a member' s period
7MMhh'
of active service has not been continuous, parts of
years may be added together to compute full years.
Section 2 Disability Benefits
a. • If a member of this association shall become totally
and permanently disabled, to the extent that a
physician or surgeon acceptable to the board of
trustees shall certify that such disability will
permanently prevent said member from performing
his/her duties in the Shakopee Fire Department, the
association shall pay to such member the amount as
calculated by the formula provided in Attachment A,
for each year that he/she served as an active member
of the Shakopee Fire Department. If a member who has
received such a disability pension should subsequently
recover and return to active duty in the Shakopee Fire
Department, any amount paid to him/her as a disability
pension shall be deducted from his/her service pension.
14
Section 3 Death Benefits
a. Upon the death of any member of the association who is
in good standing at the time of his/her death, the
association shall pay to the beneficiary, as named in
the most current relief association beneficiary form,
the amount as calculated by the formula provided in
Attachment A, for each year that he/she served as an
active member of the Shakopee Fire Department.
Section 4 Pensions
a. The association shall pay to each member who shall
have served as an active firefighter in the Shakopee
Fire Department for a period of twenty (20) years or
more prior to his/her resignation from said Fire
Department, and who has reached the age of fifty (50)
years or more, and who has been a member of the
association for at least ten (10) years, the amount as
calculated by the formula provided in Attachment A,
for each year that he/she has served as an active
member of the Shakopee Fire Department.
b. A member of the association who shall have served in
the Shakopee Fire Department for at least twenty (20)
years, but has not reached the age of fifty (50) years
may retire and be placed on the deferred pension roll .
When he/she reaches the age of fifty (50) years, and
provided that at that time he/she has been a member of
the association for at least ten (10) years, upon
application therefore he/she shall be paid the amount
as calculated by the formula provided in Attachment A
for each year that he/she served as an active member
in the Shakopee Fire Department. During the time that
a member is on the deferred pension roll, he/she shall
continue to pay his/her dues, and he/she will not be
eligible to receive any of the benefits provided for
in Article IX Section 2 .
c. Pensions payable to members on the deferred pension
roll shall be based on the amount payable per year of
service in effect at the time of retirement.
d. During the time that a member is on the deferred
pension roll, the Association shall add to the amount
payable to such member interest, compounded annually,
at the rate actually earned on the assets of the
Special Fund, but not to exceed 5% per year.
15
e. No less than thirty (30) days before becoming eligible
to receive a lump sum pension, a member of this
association may make an irrevocable election that such
pension shall be paid to him/her in a number of annual
installments. If the member who has made such an
election dies before all of his/her pension has been
paid to him/her, any amount thereof remaining unpaid
will be paid, in a lump sum, to his/her beneficiary.
The association shall add interest, compounded
annually, at the rate actually earned oontheassetsto tof
the Special Fund, but not to exceed 5% per
Ye
he
unpaid amount of installments owed to any member.
f. Upon written request from the retiring member, the
Secretary or Treasurer shall directly transfer the
service pension amount into an Individual Retirement
Account under Section 408(a) of the Internal Revenue
Code, as amended. _
Section 5 Early Vested Pensions
a. If a member shall have served for more than five (5)
years, but less than twenty (20) years as an active
firefighter in the Shakopee Fire Department, he/sh
e
may retire from the Fire department and be placed on
the early vested pension roll . When he/she reaches
the age of fifty (50) years, and provided that at that
time he/she has been a member of the association oron
at least five (5) years, he/she shall upon app
therefor, be paid in the following manner:
Completed Years Nonforfeitable Percentage
of Service of Pension Amount
5 40 percent
6 44 percent
7 48 percent
8 52 percent
9 56 percent
10 60 percent
11 64 percent
12 68 percent
13 72 percent
14 76 percent
15 80 percent
16 84 percent
17 88 percent
18 92 percent
19 96 percent
20 and thereafter 100 percent
16
1. During the time that any member is on the early
vested pension roll, he/she shall continue to pay
their dues, and he/she will not be eligible to
receive any of the benefits provided for in
Article IX.
2. Pension payable to members on the early vested
pension roll shall be based on the amount payable
per year of service in effect at the time of such
early retirement.
ARTICLE X
Amendments
Section 1 Amendments
a. No amendments shall be made to these bylaws unless
proposed at a regular or special meeting, at which
time the amendments shall be referred to a special
committee who shall present a report at the next
regular or special meeting, which will be held within
Sixty (60) days.
b. All members shall receive a copy of the proposed
amendment(s) , by mail, at least ten (10) days prior to
meeting at which the amendment(s) are to be voted on.
c. Any proposed amendment must be adopted by a 2/3 vote
of the association members providing a quorum is
present.
d. If the amendment(s) shall change the amount of
benefits of pensions, approval of the Shakopee City
Council must be obtained before such change may take
effect.
17
ATTACHMENT A
Benefit Formula
The Shakopee Fire Department Relief Association pension benefit per year
of service shall be equal to, but not less than, the average of the
Annual Stanton Survey results. The annual pension benefit shall not
exceed the highest level allowed by state law and the annual pension
benefit shall not decrease by more the 5% from the previous years level.
The Shakopee Fire Department Relief Association shall follow the Stanton
Survey for 5 years effective January 1, 1995 or as deemed necessary by
the Board of Trustees.
a = persons with 1 year of service
b = persons with 2 years of service
c = persons with 3 years of service
d = persons with 4 years of service
e = persons with 5 years of service
f = persons with 6 years of service
g = persons with 7 years of service
h = persons with 8 years of service
i = persons with 9 years of service
j = persons with 10 years of service
k = persons with 11 years of service
1 = persons with 12 years of service
m = persons with 13 years of service
n = persons with 14 years of service
o = persons with 15 years of service
p = persons with 16 years of service
q = persons with 17 years of service
r = persons with 18 years of service
s = persons with 19 years of service
t = persons with 20 years of service
u = persons with 21 years of service
v = persons with 22 years of service
w = persons with 23 years of service
x = persons with 24 years of service
y = persons with 25 years of service
z = persons with 26 years of service
aa = persons with 27 years of service
ab = persons with 28 years of service
ac = persons with 29 years of service
ad = persons with 30 years of service
Divide projected assets as of December 31 of the current year by accrued
liability (% of full pension) , per years of service projected to
December 31 of current year, per man to get amount of pension per year
of service for current year.
(a= .60 + b=1 .24 + c=1 .90 + d=2.60 + e=3.34 + f=4.10 + g=4.92 + h=5.76 +
i=6.66 + j=7 . 60 + k=8 . 58 + 1=9 .62 + m=10.70 + n=11 .84 + o=13.04 +
p=14.28 + q=15.60 + r=16.98 + s=18.44 + t=20 + u=21 + v=22 + w=23 +
x=24 + y=25 + z=26 + aa=27 + ab=28 + ac=29 + ad=30) = pension per year
of service for current year.
18
INVESTMENT FUND POLICY
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
The funds received by this association from dues, fines, application fees,
entertainments and other miscellaneous sources shall be kept in the general fund of
the association and may be disbursed for any purpose reasonably related to the
welfare of the association or its members.
The Special fund assets of the relief association must be invested in securities that
are authorized by Section 69.775. These investments include Certificate of
Deposits and Savings accounts with Federally Insured Savings and Loans, Savings
Banks, and Banks. Investments in Government Securities, and investments with
the State Board of investments. An exception to this policy are two limited
partnership accounts that where purchased prior to any written investment policy.
No new funds may be placed with this or any other Limited partnership unless
authorized under the above forementioned section.
The governing board of the association may select and appoint investment
agencies to act for and in its behalf or may certify funds for investment by state
board of investment under section 11A.17. The governing board of the association
may select and appoint a qualified private firm to measure management
performance and return on investment, and the firm shall use the formula or
formulas developed by the state board under section 11 A.04, clause (11).
The purpose of the investment policy is to: direct the investments of the fund;to
balance the risk/return of the investment; to invest in prudent investment vehicles
as described above; to calculate the funds future benefit obligations; to manage the
earnings of the fund to provide a return based on the weighted average of all
investments, which takes into consideration changes in the economy and
inflation/recession so as to maximize that return without potential risk of the
principal invested; to maintain a mix of investments.
Allocation of Assets:
CASH 5%to 10%
Checking
Savings
C/D's
FIXED 25%to 45%
Gov't Securities
EQUITY 25%to 45%
State Board of Investment
SPECIALTY 0%to 1%
Limited Partnership
(exception)
1.0"
Ptd 2
ESTIMATED ACCRUED LIABILITY
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
1995-1996
Prepared for the Shakopee City Council 12/16/94. This represents a best estimate
of the accured Liability and Municipal contribution required during the 1995 year.
The figures represented herein are subject to changes due to State regulations,
performance of assets, changes in department staff, and the economy. The
projections stated should be used as a tool to prepare for the estimated contribution
amount only.
Computation of benefit of Relief Association at$2,393 per year of service for all members
based on years of service as active members:
Accured liability 1995 $ 874,175
Includes:
1 deferred Pension
Accured liability 1996 $1,021,273
Includes:
4 new hires
1 deferred Pension
Projected normal annual cost:(1995 less 1996) $147,098 {
Calculation of Minimum Municipal Contribution:
Projected assets 12/31/95 $705,031
Plus projected income $119,308
Total projected assets 12/31/96 $824,339
Less projected disbursements:
Adminstrative Expense $ 4,500
Projected assets at end of year: $819,839
Less accrued liability 1995 $874,175
Projected deficit:(Assets at end of year"96" less accrued liability"95") $54,336
Determination of Municipal Contribution(if Deficit):
Projected normal annual cost: $147,098
Plus amortization of Prior Deficits $ 17,246
Plus calculated Adminstrative expense $ 4,500 $195,844
Less:
Minnesota State Aid $ 35,251
5%of projected assets at yr.end $ 40,991 $ 76,242 i
(the next years state aid)
Municipal contribution:(expenses less income) $119,602
E
SUMMARY OF CHANGES TO THE
SHAKOPEE FIRE DEPARTMENT
RELIEF ASSOCIATION BYLAWS
• Page 1, Section 3 New paragraph from state statutes. Government entity managing public
money.
• Page 4, Section 3 a. 1. New paragraph from state statues. Allows for appointment of a
President ProTem.
• Page 5, Section 4 b. New paragraph from state statutes. Bylaw amendments, alterations &
additions kept in separate book.
• Page 5, Section 4 b. New paragraph from state statutes. Prepare paperwork for distribution of
funds to appropriate parties.
• Page 6, Section 4 g. New paragraph from state statutes. Pay all money over to Treasurer,
subjects Secretary to be impeached/expelled.
• Page 6, Section 4 h. New paragraph from state statutes. Secretary & Treasurer jointly file
items required by law.
• Page 6, Section 4 k. New paragraph from state statutes. Allows Secretary to receive a salary.
(Secretary presently receives a salary, however, bylaws did not allow for it).
• Page 6, Section 5 a. Added language from state statutes to note Treasurer's duty to invest
funds.
• Page 7, Section 5 f. New paragraph from state statutes. Allows for Treasurer to be
impeached/expelled.
• Page 7, Section 5 g. New paragraph from state statutes. Provides for the Treasurer to turn
over all records upon termination of office.
• Page 8, Section 10 New section. Provides for Ex-Officio member duties.
• Page 8, Section 1 b. Revised wording from state statutes. More clearly defines application &
review process.
• Page 9, Section 1 f. New paragraph from state statutes. Defines voting procedures.
• Page 9, Section 1 g. New paragraph from state statutes. Provides for exclusion from
membership due to predictable & unwarranted risk of liability.
• Page 9, Section 4 New section. Provides benefits for disabled members.
• Page 11, Section 1 Added wording from state statutes. Designate meeting location & posting
notice of meeting.
• Page 11, Section 2 Revised wording to allow 25% of members to call special meetings.
Change meeting notice requirement to 5 (five) days.
• Page 11, Section 3 New paragraph from state statutes. Designates location of Board of
Trustees meetings.
• Page 12, Section 1 Added wording from state statutes. Dispersement of funds in accordance
with statutes, rules and bylaws.
• Page 12, Section 2 a., b., c., & d. Added wording from state statutes. Designates for what
purposes the Special Fund is used.
• Page 13, Section 5 Added wording from state statutes. Further defines when checks may be
issued.
• Page 13, Section 6 a. & b. Changed to state that investments be in accordance with the
investment policy.
• Page 16, Section 4 f. New paragraph from state statutes. Allows for direct IRA rollovers.
• Page 16, Section 5 a. Rewritten to simplify pension calculations.
• Page 18, Attachment Rewritten & combined with other information.
j
City of Shakopee
Fire Department Benefits
01-Sep-94
Stanton Data Exerpts Lump Sum Pension
1994
Hourly 1994
City Wage Pension
Coon Rapids 9.00 3,300.00
Eagan 7.00 2,250.00
Plymouth 7.25 3,000.00
Maple Grove 8.53 3,200.00
. Crystal 8.18 3,000.00
Golden Valley 9.00 2,700.00 -
' Inver Grove Heights 4.60 1,300.00
-N. St. Paul 7. 50
Roseville 5.90 2,000.00
Woodbury 8.25 2,400.00
. Robbinsdale 7.00 1,875.00
Cottage Grove 7.00 1, 300.00
Lakeville 0.00 3,500.00
Columbia Heights 7.56 2,300.00
•Hopkins 8.00 3,000.00
, Stillwater MISSING 2,250.00
Shakopee 7.50 2,135.00
• Hastings 10.00 2,100.00
Prior Lake 6.25 1,900.00
-Chanhassen 7.00 1,950.00
AVG 6.78 2,393
Eden Prairie 6 .00
Chaska
Anoka 9.00 DEF CONTR
CONSENT
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Vacant Police Sergeancy
DATE: 11 21 94
INTRODUCTION: Sgt. Brian Clark has advised me that he wishes to
vacate his rank of Police Sergeant and return to the rank of
Patrolman on 01 01 95.
BACKGROUND: To fill any vacancy, state law requires the Police
Civil Service Commission to establish "eligible registers" through
competitive testing and to certify the three names standing highest
on the appropriate list to the appointing authority.
On 05 11 93, the appropriate notices were posted inviting officers
who wished to establish themselves as candidates for the rank of
Sergeant to notify the Commission of their intentions. On
06 01 93, the Commission invited eight officers who identified
themselves as candidates to participate in written testing which
was administered on 06 15 93 . The officers who passed the written
test were interviewed on 06 24 93. On 06 28 93, the Commission
established an eligibility list for the position of Police
Sergeant.
The top three names on the list were:
1. Brian Clark
2. John Flynn
3. Robert Forberg
When Brian Clark was promoted to Police Sergeant, the top three
names on the list became:
1. John Flynn
2. Robert Forberg
3. Greg Tucci
Funds exist in the Police Budget to pay for this position.
ALTERNATIVES: 1. Promote Officer Flynn to Sergeant.
2. Promote Officer Forberg to Sergeant.
3. Promote Officer Tucci to Sergeant.
4. Do not fill the vacant sergeancy.
RECOMMENDATION: Alternative #1.
ACTION REQUESTED:
1. Accept Sgt. Clark's request to be transferred from the rank of
Sergeant to the rank of Patrolman effective 01 01 95 at a rate of
$3284.00/month with subsequent adjustments as called for by the
Police Patrol Officer's Union Contract.
2. Appoint Officer Flynn to the position of Police Sergeant,
effective 01 01 95, at the 1994 rate of $3486.09 per month with
subsequent adjustments as provided for by the Police Sergeant's
Union Contract.
Inc..
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Cleaning Service Contract
DATE: 12 12 94
INTRODUCTION:
The Police Department has reviewed it's cleaning service contract
and would like to contract with another vendor for 1995.
BACKGROUND:
Last year, completion of the new City Hall building and the extra
work it would mean for the city custodial staff led to contracting
with Servicemaster to clean the Police Department for $745.50 a
month. This was significantly less expensive than using the city
custodial staff for this purpose.
Earlier this year, informal proposals for housekeeping service at
the Police Department were obtained with the following results:
George's Cleaning Service $594/mo + tax = $632.61
Jani-King 602/mo + tax = 641. 13
Servicemaster 700/mo + tax = 745.50
There are adequate funds designated in the 1995 Police Budget for
this expenditure.
The City Attorney has reviewed the proposed contract.
ALTERNATIVES:
1. Hire George's Cleaning Service at $7,591.32 for 1995.
2. Hire Jani-King at $7, 655.28 for 1995.
3. Hire Servicemaster at $8,946 for 1995.
RECOMMENDATION:
Alternative #1.
ACTION REQUESTED:
Authorize the appropriate city officials to contract with George's
Cleaning Service to clean the Police Department in 1995 for
$7,591.32.
4".642L
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Prairie Bend Sewer and Water Connections
DATE: December 15, 1994
INTRODUCTION:
On December 6, 1994 the Shakopee City Council directed staff
to prepare a memorandum outlining the concerns with respect to
separate water meters for townhouses in Shakopee.
BACKGROUND:
Attached is a memorandum and accompanying attachments from
Fulton Schleisman, Building Official, outlining the issues with
respect to a building permit application that was submitted for
townhome construction. Mr. Schleisman has done a nice job
summarizing the issues as they relate to the collection of
sanitary sewer billings.
When this issue was first presented to City Council as a
concern, the building applicant had proposed to construct
townhouses . Since that time, the builder has selected to amend
the initial building permit application and is now proposing
condominium construction. This being the case, the City has
requested the contractor to include in the homeowners association
document language which would provide for the collection of an
individual monthly flat sewer fee for each unit . The applicant
has agreed to this condition. Therefore, the issue of a loss in
revenue that was originally a concern could be eliminated.
However, this scenario would require reprogramming of SPUC
software and may cause concerns from Met Waste due to the
application of rate differentials on a single account . It would
also establish a situation where these properties would be
treated differently in terms of sewer billing from other
properties that currently exist .
The issue now for City Council to consider is whether or not
we wish to require individual water meters for each individual
condo unit . The provision of individual water meters would
accurately account for the amount of water use and accompanying
sewer billing. Under the system proposed by the contractor, the
sewer use rates would be split equally between each condo unit.
Depending on the occupancy make-up, it is possible that one condo
unit would be covering more or less of the sewer flow rate . In
the past, the City has modified its billing and rate structure to
bill the user based on their actual use. The system proposed by
the contractor in this case would be contrary to our current
position. While it is true that the condominium owner would be
aware of the fact that sewer use will be split equally as set
forth in the homeowners association agreement, typically what has
occurred is that the property owners call the City to complain
about the set-up. It is also safe to say that this type of set-
up does little to encourage water conservation on the part of the
users . The question of how much of a role the City wants to play
in protecting property owners needs to be ascertained in order to
provide clear policy direction with respect to this issue.
If City Council wishes to require individual water meters in
the case of townhome and condominium construction an amendment to
the City Code would be necessary. On the other hand, City
Council may wish to adopt a policy whereby single story
condominium units shall be allowed to be serviced by one single
metering device .
If one single sewer connection is allowed for condominium
construction, maintenance of said line also tends to become an
issue . Since part of the line is constructed interior to the
building, maintenance problems that may occur could threaten all
of the units . While typically these maintenance issues are
resolvable, they could result in some type of hardship for the
individual condo owners . The State Building/Plumbing Code
permits a common sewer for condominium complexes because the
individuals owners do not own the underlying land.
ALTERNATIVES :
1 . Direct the City Attorney to prepare an amendment to the
Shakopee City Code which would require the installation of
separate sewer lines and separate water meters for single
story condominiums and townhome construction.
2 . Direct the appropriate City officials to prepare an
administrative policy which would result in the installation
of common sewer line and common water meter installation for
condominium units.
3 . Direct the City Attorney to prepare an amendment to the City
Code that would provide for the installation of separate
water meters for townhome and single story condominium
construction only.
4 . Table action pending further information from staff .
STAFF RECOMMENDATION:
Staff recommends Alternative #1 .
ACTION REQUESTED:
Direct the City Attorney to prepare an amendment to the
Shakopee City Code which would require the installation of
separate sewer lines and separate water meters for single story
condominiums and townhome construction.
BAS/tiv
sewer
MEMO TO: Barry A. Stock
Assistant City Administrator
FROM: Fulton Schleisman
Building Official
RE: Prairie Bend Sewer and Water Connections
DATE: December 15, 1994
Several weeks ago the issue of a single water and sewer service for
the first building permit in Prairie Bend arose. (See attached
building permit application for "8 unit town home") .
I notified you and the Finance Director that a common water and
common sewer service to this structure would be a departure from
common practice for owner occupied dwellings in the City and would
result in less sanitary sewer revenue (see 12/1/94 memo from the
Finance Director) .
A meeting with the applicant's representative resulted in the
amendment of the building permit application description of project
to "8 unit condominium" (see attached) . This distinction is
important because the State Plumbing Code allows condominiums to be
treated like apartment houses with respect to sewer and water
services, in contrast to a town home where individual services to
each dwelling can be required. At this time the applicant seemed
agreeable to individual water meters so long as no excavation
outside the buildings would be necessary.
Later, a meeting with city staff and SPUC representatives led to
the following determination:
1. SPUC is comfortable with single metering or individual
metering; in either case the meters would be located in
a common room with individual electrical meters.
2 . City staff preferred individual water meters for the
following reasons:
a . The City would collect the $8 . 00 per month flat
sanitary sewer fee from the actual end users.
b. Inequities between heavy water users and light
users, who would pay the same amount for their
sanitary sewer use, would be avoided.
c. The creation of a separate billing account for an
association would be avoided.
Now the applicant states that individual water meters and lines are
too expensive (see attached letter) .
•
APPLICATION FOR BUILDING PERMIT
129 HOLMES STREET SOUTH
•
SHAKOPEE, MINNESOTA 55379 B.P. No.
612-445-3650
APPLICANT TO COMPLETE NUMBERED SPACES ONLY
• • I PROJECT ADDRESS 5e)1 4-1-.)^..q\ U� . 1kw_T ♦ l 4_/tpp M�,
- 2 OWNER OF LAND Il 1L / ��'`NNNJJJ-I I vy 111'.."••_-«•• ��..// II�V� [\1ti+-
' NAME ei� \ \ li (�D D g-S(�
3 DESCRIPTION OF LAND Bv,LOT. /P,-r'�� 1�J,^0'� •j1 'tel 1
BLOCK.ADDITION.PARCEL NO �W
METES AND BOUNDS PLAT
4 APPLICANT
` l 1 N A M E P••� •A�•y,� ��7/y' n/� t A O/D R ECS�A,,- I'''1� Z�((I�.,
., . .
5. CONTRACTOR 1 1/—�1 Q`�v 1'V.I w _ 1 ./SD GI Z'O �V,J 1' 5S.J1v ..
`N-'hL "� NAME � ADDRESS
•
6 CLASS OF WORK ❑•AUDITION❑ALTERATION ❑REPAIR 0-MOVE ❑-RAZINGX•HOUSE 0-SIGN
XPATIO ❑PORCH 0-STORAGE BLDG 0-TANK -DRIVEWAY 0-FENCE -GARAGE .
•
• 7. USE OF STRUCTU NF
- 8. DESCRIPTION OF PROJECT I,.4- _
iekokkstwl-
9.- BLDG WIDTH .7�� /l --- BLDG LENGTH 11(i .3�, BLDG HEIGHT j•3h .
10. ESTIMATED COST OR VALUE: S 1..,--,bO ,EQ a tV- j
SPACE BELOW FOR OFFICIAL USE ONLY
TYPE OF CONST TOTAL SO FEET j FIRE ZONE NO DWELLING UNITS!OCCUPANCY GROUP NO OF STORIES
IIIIII���� DIVISION MAR OCC LOAD I FIRE SPRINKLERS OFFSTREET PARKING SPACES •
L'`-0
1REo 0 OYES 0 NO COVERED UNCOVERED
LIMITING CONDITIONS PL ATI�N APPROVALS
Ordinance No. 115 -Easement J
Restrictions - attached — _ _ // i4 /1-,��-9� •
CITY•ZONING ADMINISTRATOR DATE
•
--- - — — — I ,
•
COMMENT CITY ENGINEER DATE
1IP •
4.
iv
.,i4� /-- ' AI I ` A 4 CITY BUILDING OFFICIAL DATE
• APPLICATION FEES
• • NOTE$ PERMIT S • ..
I. SEPARATE PERMITS ARE REQUIRED FOR
C.O.CHARGE S CO
• ELECTRICAL. PLUMBING. MECHANICAL. SEPTIC
TANK.SIGNS.AND WELL INSTALLATIONS. S AD
2 THIS PERMIT BECOMES NULL AND VOID IF WORK PLAN CHECK S -PC
, OR CONSTRUCTION AUTHORIZED IS NOT COM- GRADE ISURVEY CHECK S GF -
MENCED WITHIN 180 DAYS.OR IF CONSTRUCTION IS
PARK AND LAND S PK
SUSPENDED OR ABANDONED FOR A PERIOD OF MO
DAYS AT ANY TIME AFTER WORK IS COMMENCED, WATER CONNECTION S WC ,
3. A COLORED PHOTOGRAPH MUST ACCOMPANY SEWER CONNECTION S SC
' - ALL RELOCATION PERMIT APPLICATIONS. -.
INDIVIDUAL SEWAGE SYSTEM S WS
4.TWO SETS OF PLANS AND SPECIFICATIONS MUST _
ACCOMPANY EACH PERMIT APPLICATION FOR THE OTHER $ BP
FOLLOWING STATE SURCHARGE S
BS
A COMMERCIAL PROJECTS
8 INDUSTRIAL PROJECTS TOTAL $
C RESIDENTIAL DWELLINGS 1
(OVER) •
//1 X y�
'01 SIGNAT E OF •,PLIC t T
/i-(-7 -99 'moo- 1)� 111 Z2)9V'
PHONE NUMBER DATE
WHITE INSPECTOR
41(c)
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Townhouse Water Service Informational
DATE: December 1, 1994
The first permit application for Prairie Bend has been received for
an 8 unit townhouse building. SPUC has approved one water meter
for the building. Provision of water service is under SPUC
control. Sanitary sewer billing is tied to water service.
The result of providing one water meter for the entire building
versus one water meter per townhouse is that the City will not
collect the proposed $8. 00 per account per month flat sewer fee on
7 units. If the Prairie Bend subdivision fully develops,
Engineering calculated this to be a difference of $19, 200 per year
in revenue.
•
If Council is concerned about the issue of separate water meters
for townhouses, direction should be give to staff to pursue it by
requesting SPUC to change the policy or address it in the next
joint SPUC/Council meeting.
•
APPLICATION FOR BUILDING PERMIT
129 HOLMES STREET SOUTH •
SHAKOPEE, MINNESOTA 55379 B.P. No.
• 612-445-3650
APPLICANT TO COMPLETE NUMBERED SPACES ONLY
1 PROJECT ADDRESS /1 9( k/4.)••••4 4tRiggS"4"4
Vr� '�" '�ejQ t-04.
2 OWNER OF LAND Al 40"1.• Y^NA
J DESCRIPTION OF LAND BY.LOT. ) M1E t1 MIr 15•k bx OD' 5� '
BLOCK.ADDITION,PARCEL NO
"��•��11
METES AND BOUNDS.PLAT
4 APPLICANT
•
• NAME M E ADORES R E S 1
5CONTRACTOR 1 �1 �L•1�� PV.µ1� � 1 ST,,
G. .! V I �{-I s �
'
�
NAME IS ADDRESS
6 CLASS OF WORK 0-ADDITION 0-ALTERATION ❑REPAIR 0-MOVE ❑•RAZINGX•HOUSE ❑-SIGN
'PATIO 0-PORCH 0-STORAGE BLDG ❑-TANK)I-DRIVEWAY ]•FENCE •GARAGE
7. USE OF STRUCTURE
8. DESCRIPTION OF PROJECT -_ -L .--- .._.1.V A �1 1/ A I i Al ',-'
•
/ A --- . ,,---------- ,
9. BLDG WIDTH 12-1 f BLDG LENGTH J((v/, ,,�T _ BLDG HEIGHT •
10. ESTIMATED COST OR VALUE: S 110 ! /(O`\-�`/
SPACE____llll BELOW FOR OFFICIAL USE ONLY
TY OFjONST TOTAL 50 FEET I FINE ZONE 1NO DWELLING UN,TSI O CUPi N GROUP NO OF STORIES
17
VU, // DIVISION MAA OCC LOAD I FIRE SPRINKLERS O
FFSTREET PARKING SPACES
•• REO O OYES UNO COVERED UNCOVERED-
•PL . ATI N APPROVALS
LIMITING CONDITIONS .40.
Ordinance No. 115 -Easement I
i 1
Restrictions - attached `1
//A-(A.6. 4________Ii—,),R' -7g
CITY•ZONING ADMINISTRATOR DATE
• L�/4-L1 �_1"ts, /1...-'-).71.--A71.--::- )1
COMMENT
/ .,/^4, I CITY ENGINEER DATE
/ ivcif ..d•
CITY BUILDING OFFICIAL DATE
( ?til
„/,. 7 /2/ ArkU! [% F` , ,-"h_PAPPLICATION FEES
C -
NOTES-0/16"TS/5r" - OP5nIt�C 174/ ERMIT S
I. SEPARATE PERMITS ARE REQUIRED FOR
C.O.CHARGE S CO
' - ELECTRICAL. PLUMBING. MECHANICAL. SEPTIC
TANK.SIGNS.AND WELL INSTALLATIONS. 5 AD
- • 2.THIS PERMIT BECOMES NULL AND VOID IF WORK PLAN CHECK 5 PC
OR CONSTRUCTION AUTHORIZED IS NOT COM- GRADE/SURVEY CHECK s GF
. - • MENCED WITHIN 180 DAYS.OR IF CONSTRUCTION IS
SUSPENDED OR ABANDONED FOR A PERIOD OF 180 PARK AND LAND S PK -
DAYS AT ANY TIME AFTER WORK IS COMMENCED. WATER CONNECTION 5 WC
J. A COLORED PHOTOGRAPH MUST ACCOMPANY SEWER CONNECTION 5 SC
• . ALL RELOCATION PERMIT APPLICATIONS.
INDIVIDUAL SEWAGE SYSTEM 5 WS
4.TWO SETS OF PLANS AND SPECIFICATIONS MUST
ACCOMPANY EACH PERMIT APPLICATION FOR THE OTHER 5 BP
FOLLOWING- STATE SURCHARGE $ BS
A.COMMERCIAL PROJECTS 1 ri '
d.
B.INDUSTRIAL PROJECTS TOTAL $
C.RESIDENTIAL DWELLINGS
(OVER)
, pilit4OG,...._,_
:L/ SIGNAT •E OF •,7•PLIC tOT
//-aa 99 � - 53% Ii 1221
��/. 9
PHONE NUMBER DATE
WHITE-INSPECTOR YFI I OW•FII c , ,-•, -
KLINGELHUTZ
CONSTRUCTION
December 13, 1994
Fulton Schleisman
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
RE: Building Permit/Prairie Bend
Dear Mr. Schleisman:
Pursuant to your conversation today with Beth Andrews,
and pursuant to your request, please consider this our written
objection with the decision of the City to require separate
meters for each unit in the above referenced project for the
following reasons:
1) This entire project from the first day was submitted
to the City with the intention of having only one
water and sewer service to each building.
2) The City attorney has signed off on all the documents
pertaining to the association and the collection of
the dues which include water and sewer.
3) The engineering department has approved the design of
the water and sewer service prior to the signing of the
final plat.
4) The City signed off on a "Condominium Plat" because
of only one water and sewer service.
5) We have agreed to add to the monthly association dues
and additional "base charges" the City may require
because of the lack of separate meters.
6) This is no different than any other Condominium
project done in other municipalities.
350 EAST HIGHWAY 212
CHASKA, MN 55318
612 / 448-3750
Cont.
December 13, 1994
7 ) We have agreed to provide the City with a copy of each
purchasers disclosure depicting how the association
will be billed and how the association will charge
the owners for water and sewer service. This dis-
closure can be tied in with the issuance of the
Certificate of Occupancy.
8) We have met with Shakopee Public Utilities Company
have been told they have no objections to our pro-
posal.
9) Finally, our proposal meets all current State and
City codes.
In closing, any additional charges we incur in
building these homes is only going to be passed on to
the homeowners. We worked very hard to present a
development that would benefit the City along with
affordable housing for residents of Shakopee. Although
$250.00-$500.00 per unit itself does not sound like
much, it all costs more to the end user. Our proposal
will allow the City of obtain the same revenue in fees
and keep the price of the units down.
Please contact myself or Beth Andrews at your
earliest convenience so we may work out a reasonable
solution. We are very anxious to break ground on this
project.
Sincerel. ,
John KlingeThutz
General Public . 20
Other governmental/non-profit public service . 07
Sewer Service Charges (Authorized by City Code 3 . 02)
1 . Quarterly service charge 12 . 00
2 . For every 1, 000 gallons or part thereof of metered
flow or water usage 1 . 42
3 . Charge for unmetered residential water accounts
or new accounts 11 . 10/month
POLICE/FIRE
Report Copies hereby set as follows :
1 . Up to 10 pages 10 . 00
2 . 11 and over pages 1 . 00/ea.
3 . Taped Statements (audio) 10 . 00
• 4 . Taped Statements (video) 30 . 00
5 . State Accident Reports 5 . 00
6 . Drivers License Printout 4 . 00
7 . Computer Researched Reports 30 . 00 1st hour
(does not include duplication costs) 15 . 00 for every
hour thereafter
8 . Police Reports from City Attorney 10 . 00
Towing and Impounding of Vehicles hereby set as follows :
Towing and impounding is done by a private contractor having
appropriate impounding facilities. Fees are set by contractor.
Dog Licenses, Impounding Fees, etc. (Authorized by City Code 10 . 21)
1 . Dog Licenses (good for the life of the dog) 5 . 00
2 . Duplicate license 1 . 00
3 . First impoundment 10 ..00
4 . Second impoundment 25 . 00
5 . Third and successive impoundment within a 12-month
period 50 . 00
6 . Amount charged per day when confined to the Pound 5 . 00
7 . In the case of an unlicensed dog or a dog for whom proof
of a current rabies vaccination cannot be shown, there
shall be an additional penalty of $5 . 00 .
8 . Large animal impoundment 25 . 00
9 . Large animal board per day 10 . 00
-13-
Page Two
December 15, 1994
Because this permit application will set a precedent for this
subdivision (268 multi-family units) as well as future city
developments, I am asking for policy direction before issuing the
building/plumbing permits on this project.
FS/jms
attachments
COiV1- 0-COE \IT
l
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: 1995 Cigarette Licenses
DATE: December 16, 1994
INTRODUCTION and BACKGROUND:
Although the City Code does not specifically state that the Council
shall approve applications for a cigarette license, in the past,
the City Attorney has advised that it would be in order to
authorize the City Clerk to issue cigarette licenses. Prior to the
issuance of any license, the County Treasurer will be contacted to
make sure taxes have been paid.
RECOMMENDED ACTION:
Authorize the City Clerk to issue cigarette licenses for 1995 . (No
need to list all licensees. )
1995 License applications were sent to the following:
1995 CIGARETTE LICENSES
Superamerica 1155 East 1st Avenue
Juba' s Super Valu 1100 Shakopee Town Square
Cleve' s Super Valu 828 East 1st Avenue
Budget Liquor 6268 Hwy. 101
Dangerfield' s Resturant 1583 East 1st Avenue
Brooks (#28) (Gateway) 615 Marschall Road
Brooks (#42) (Gateway) 1147 Canterbury Road
Hennen' s ICO 807 East 1st Avenue
Mpls . Northstar Auto Auction 4908 Valley Inc. Blvd. N.
Corp Tool dba Arnies 122 East 1st Avenue
Koehnen' s Standard 804 East 1st Avenue
Valley Liquor, Inc. 1102 Shakopee Town Square
Tom Thumb Store #250 590 S. Marschall Road
Holiday Station #83 444 East 1st Avenue
Riverside Liquors 507 East 1st Avenue
BretBecca, Inc . 124 West 1st Avenue
Valleyfair One Valleyfair Drive
Berens Market 123 West 2nd Avenue
Cy' s Amoco 312 West 1st Avenue
Canterbury Inn 1244 Canterbury Road
Anchor Glass 4108 Valley Ind. Blvd. N.
Raceway Park Inc. One Checkered Flag Blvd.
Rock Spring 1561 East 1st Avenue
F.O.E. 4120 220 West 2nd Avenue
Robert' s Drug 485 South Marschall Road
American Legion 1266 East 1st Avenue
Stonebrooke Golf Club 2693 County Road 79
Jerry' s Bar 124 S. Holmes St .
K-Mart 1200 Shakopee Town Square
Turtle' s Bar & Grill 132 East 1st Avenue
Knights of Columbus 1760 East 4th Avenue
V.F.W. 1201 East 3rd Avenue
Sport Stop 101 South Lewis
Total Mart Station 234 West 1st Ave.
Backstretch R.V. Park 8855 E. 13th Ave.
Shakopee Ballroom 2400 East 4th Avenue
CONSENT
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Tattoo License
DATE: December 12 , 1994
INTRODUCTION:
Ms. Linda Kurian, Body Art, 205 South Lewis Street has applied
for renewal of her tattoo license. It is appropriate that action
be taken on her application at this time.
BACKGROUND:
Ms. Linda Kurian was issued a tattoo license beginning in 1994
for her business known as Body Art located at 205 South Lewis
Street. This is a service that Ms. Kurian offers in addition to
her other services at 1st in Hair and Tanning. I have checked with
the Chief of Police and he has advised that he is unaware of any
reason that the license should be denied.
Ms. Kurian's insurance runs from 02-17-94 to 02-17-95. She is
in the process of renewing her insurance so that it will include
the licensing period through December 31, 1995.
Prior to issuance of the initial license to Ms. Kurian, Mr.
Paskoff, a Sanitarian from the City of Minneapolis, conducted an
inspection of the subject premises to determine if it met the
requirements of the City Code. It is appropriate that an
inspection of the premises be made each year, preferably at the
time of license renewal. Arrangements are being made for an
inspection to take place before the end of the year.
ALTERNATIVES:
1. Approve application for renewal of license
2 . Deny application for renewal of license
3 . Table application for additional information.
RECOMMENDATION:
Staff recommends alternative #1, approve renewal of license
with conditions.
RECOMMENDED ACTION:
Approve application and grant a Tattoo License to Linda
Kurian, Body Art, 205 South Lewis, conditioned upon proof of the
required insurance and upon satisfactory inspection of the premises
by a sanitarian.
13 .
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, Planning Director
SUBJECT: Proposed House Move - Mr. Chris Anderson
DATE: December 16, 1994
INTRODUCTION:
At the December 6, 1994 meeting, Mr. Chris Anderson appeared before the Shakopee City
Council to express concerns on his efforts to move a house in Shakopee. The building to be
moved is currently within the Bypass right-of-way, located on the Backstretch RV Park site (east
of County Road 18 and north of 13th Avenue).
BACKGROUND:
In his presentation to the City Council, Mr. Anderson stated that he had recently acquired the
building with the intent of relocating it onto a residential site as either a single family residence
or a tri-plex. He identified two possible residentially zoned sites including a property along
County Road 16 near Shakopee Towing or a residential parcel in Savage. Due to the Mn/DOT
bid letting and construction schedule, he stated that the building had to be moved by the end of
this year. He asked that the City Council allow the temporary storage of the building on his
property located at 1438 Maras Street.
After the City Council meeting, staff provided Mr. Anderson with a conditional use permit
application. It was identified by staff that the moving of a house onto a residentially zoned
property required a conditional use permit. It was noted that the next Planning Commission
meeting was scheduled for January 5, 1995.
Mr. Anderson's application requests that the building be moved to his Light Industrial(I-1)zoned
property on Maras Street for a six month time frame. The application did not include a
permanent residential site.
The I-1 zone regulations, as discussed at the December 6th City Council meeting, do not allow
residential uses or relocated structures. As proposed, staff would have to recommend denial to
the Planning Commission of the submitted application. To assist Mr. Anderson in preparing an
application which would meet the basic requirements of the Zoning Ordinance, staff prepared a
letter addressing the problems with his application(See Exhibit A). In addition to the letter, staff
has discussed with the applicant on several occasions the importance of finding an appropriately
zoned site for the house.
1
After receiving the letter from City staff, Mr. Anderson submitted a follow-up letter identifying
that the building in his conditional use permit application is a "multi-functional commercial"
building (See Exhibit B).
Staff has continued to work with Mr. Anderson in urging him to find an appropriately zoned
residential site. It is staffs understanding that the subject building includes a residential unit as
well as several large open rooms originally used for the campground services.
DISCUSSION:
Historically, house moving projects in the City of Shakopee have created numerous problems.
The house moved by the HRA this past year and the house on the Sharon Parkway right-of-way
are two recent examples. Public safety and liability concerns are still being addressed on the
Sharon Parkway situation. In drafting the new Zoning Ordinance, it was even proposed that
relocated structures be banned, due to the extremely high number of problems they bring.
Staff from Administration, Building, Legal and the Planning Departments have discussed the
Anderson proposal on several occasions. The consensus of staff is that allowing the temporary
storage of buildings will set a negative precedence for the City. Building Department staff
members receive periodic calls from individuals seeking potential storage sites for relocated
structures. The amount of staff time consumed for house moving projects is becoming a
management concern.
A typical house moving project entirely within Shakopee would require at a minimum three
permits from the City. These permits include a Moving Permit, a Conditional Use Permit, and
a Building Permit. Recognition by house moving contractors of the minimum permits and the
general review and approval time frames would be a significant benefit to all parties involved
with these projects. Moved houses generally sit unfinished for at least six months, often exposed
to the elements and deteriorating. All too frequently they are elevated, with a risk of collapse
or fall, and pose an attractive nuisance to children.
ALTERNATIVES:
There are several alternatives to be considered.
With the proposal, the applicant has yet to define the permanent site for the building. It is
possible for the building to be moved outside of the City with its initial move before December
31st.
Staff has identified the following alternatives for City Council discussion:
1. Move the building out of the City without any temporary storage within the City.
2
• Permit Needed: Moving Permit
a. Provision of appropriate financial guarantees to cover costs of moving
building to a City owned site for demolition if the building is not removed
from the City.
2. Move the building out of the City but allow for the temporary storage on the I-1 zoned
property owned by the applicant.
• Permit Needed: Moving Permit
a. Documentation verifying other governmental unit's approval of the
relocation of the building to a new site within their jurisdiction.
b. Agreement with applicant allowing the City the right to access applicant's
property to remove building if not moved by target date.
c. Provision of appropriate financial guarantee to cover costs of moving
building to the permanent site outside of City.
d. Provision of appropriate financial guarantee to pay for demolition and
landfilling costs, if necessary.
3. Move the building to a residentially zoned site in the City and allow the temporary
storage on the applicant's I-1 parcel.
• Permits Needed: Moving Permit, Conditional Use Permit, Building Permit
a. Applicant must receive approval of the conditional use permit and building
permit.
b. Agreement with applicant allowing the City the right to access the property
and removing the building if not moved by the target date.
c. Provision of appropriate financial guarantee to cover costs of moving
building to the permanent site outside of City.
d. Provision of appropriate financial guarantee to pay for demolition and
landfilling costs, if necessary.
4. Mr. Anderson decides to not move the building and the building is demolished on site and
landfilled appropriately.
• Permit Needed: A Demolition Permit from the City would be required.
3
It is staff's understanding that the owner of the Backstretch RV Park retained ownership of the
improvements on their site in the land acquisition negotiations for the Bypass right-of-way.
Mn/DOT has no agreement or connection with Mr. Anderson on the building proposed to be
moved.
With regards to establishing financial guarantees for house relocation projects, Mn/DOT has
required bonds in the range of$3,000 to $20,000. They have also established daily penalties for
contract failures of$50 to $500 per day. The daily penalties are deducted from the bonds.
Costs for house moving, demolition and landfilling appear to vary widely. Staff has not had an
opportunity to research these costs in any detail. Several staff members have indicated a
preference for either a cash deposit or letter of credit, rather than a bond as a means to establish
financial guarantees for house moving projects due to their previous failures.
RECOMMENDATION:
Staff recommends Alternatives 1 or 4.
ACTION REQUESTED:
Discuss and direct staff to take the appropriate action.
LSE/pmp
ANDERSON
4
Ext-BIT A
SHAKOPEE
December 13, 1994
Chris Anderson
1438 Maras Street
Shakopee, MN 55379
RE: Proposed House Moving Project
Dear Mr. Anderson:
This letter is intended to provide you with additional information regarding tour proposal to move
a house that is currently located in Shakopee.
At the December 6, 1994, City Council Meeting, you identified two alternative residential sites for
the house to be permanently moved to. One site is located in Savage and the other site is a
residentially zoned property in Shakopee near the Shakopee near the Shakopee Towing site. You
also expresses a desire to temporarily store the house on your property located at 1438 Maras
Street which is zoned Light Industrial (I-1).
The I-1 zone does not permit residential uses or relocated structures. As such there is no
roperty.
provision in the City Code to allow the
bplaced
such as the house you are proposing toer,
the residential zones do allow for relocated structures
move. An application for a Conditional Use Permit for the relocation of the house to an
Appropriately residentially zoned parcel can be accepted by the City. Incorporating into your
CUP application, a residentially zoned site is necessary for the Planning Commission to consider
your request.
With respect to the January 1, 1995, moving date required by the Minnesota Department of
Transportation, the City Council did express some leniency towards the temporary storage of the
house on you I-1 zone parcel. With the approval of the Conditional Use Permit on January 5,
1995; the completion of the appropriate appeal time frame (January 12, 1995); and approval of all
necessary Building Permits, you would be able to commence moving of the house to its
permanent site by January 13, 1995. Based on this time frame, stall'would recommend to the
Planning Commission that a temporary placement of the house on your site be allowed until
January 20, 1995. This will allow you the opportunity to move the stnicture to an appropriately
zoned site with an approved Conditional Use Permit and necessary Building Permits.
Attached is a copy of your Conditional Use Permit application. Please add a residentially zoned
site and applicable site information. Without this, it is almost certain that you Conditional Use
Permit will be denied. With a residential site, the Planning., Commission will have the option of
C aiIT 11 JDaE NCE 1 7 _
129 Holmes Street Smith• Shakopee,Minnesota 35379-1331 •-h12-445- 55i1 • FAX b12-445-1+718 -
If you have any questions, please call me at 445-3650. Thank you.
Sincerely,
Lindberg S. Ekola
Planning Director
LSE/seb
(Maras)
cc: City Council
City Administrator
City Attorney
Building Official
MN DOT
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CONSENT
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk f' ; ,,/
SUBJECT: Massage Center License Renewal
DATE: December 12 , 1994
INTRODUCTION AND BACKGROUND:
The City has received applications for renewal of a massage
center license and renewal of a masseuse license.
Dawn Marie Krause has applied for renewal of her licenses.
You may remember that she obtained her initial licenses this past
June. Her applications are in order. I am unaware of any reason
that her applications should be denied.
RECOMMENDATION:
Approve applications and grant licenses for 1995.
RECOMMENDED ACTION:
1. Approve the application and grant a massage center
license to Dawn M. Krause/Klip and Kurl, 238 South Lewis Street.
2 . Approve the application and grant a masseuse license to
Dawn M. Krause, 238 South Lewis Street.
CONSEN I
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerii}
SUBJECT: Pawnshop Licenses vU
DATE: December 12, 1994
INTRODUCTION AND BACKGROUND:
On April 19, 1994, the City Council adopted an ordinance
requiring the licensing of pawnbrokers, precious metal dealers,
secondhand dealers, pawnshops, and their employees. The City
received applications from two pawn shops and their employees and
licenses were issued. It is appropriate at this time that the
licenses be renewed for 1995.
Both American Pawnbrokers, Inc. and Shakopee Pawn & Cash Co.
have applied for renewal of their licenses. I have checked with
the Chief of police and he has advised that he is unaware of any
reason that the licenses should be denied.
ALTERNATIVES:
1. Approve renewal of licenses
2 . Deny renewal of licenses
3 . Table applications for additional information
RECOMMENDATION:
Staff recommends alternative #1, approve renewal of licenses.
RECOMMENDED ACTION:
1] Approve the application and grant a Pawnshop License to
American Pawnbrokers, Inc. , 450 West 1st Avenue.
2] Approve the application and grant a Pawnbroker, Precious
Metal Dealer and Secondhand Dealer's license to Johan W. Nelson,
American Pawnbrokers, Inc. , 450 West 1st Avenue.
3] Approve employee licensees for the following employees of
American Pawnbrokers, Inc. : Willard George Hoeppner, Samuel David
Rockne, Dennis William Nelson, and Patrick Tony Rockne.
4] Approve the application and grant a Pawnshop License to
Shakopee Pawn and Cash Co. , 1147 Canterbury Road.
5] Approve the application and grant a Pawnbroker, Precious
Metal Dealer and Secondhand Dealer's license to Frank John
Marzario, Shakopee Pawn and Cash Co. , 1147 Canterbury Road.
6] Approve employee licenses for the following employees of
Shakopee Pawn and Cash Co. : John Richards, Sherri Marzario, Nick
Falco, Seven Aksamit, Jessica Dold, Mark Saurer, and Mike Gould.
1995PAWN
1153
1 o
J
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Sanitary Sewer Rates
DATE: December 9, 1994
Introduction
Council deferred action on 1995 sanitary sewer rates until staff
could meet with Rahr Malting to review their projected flows for
1995. Staff and Rahr Malting representatives met on December 8,
1994 with resulting information presented as follows.
Background
Based on the projected budget for the sewer fund and the impact of
the planned construction/reconstruction projects, Council directed
staff to prepare a report of the impact of increasing rates to
yield a 30% increase in revenue. Staff prepared a chart on the
effects on various accounts of a 30% increase in revenue with
combinations of increases in the flat rate portion versus the flow
rate portion.
Council picked a combination that is projected to increase revenues
by 33%. The combination picked is a flat rate of $8.00 per month
and $1.74 per 1, 000 gallons of flow. A hearing was held on this
proposed rate. Council delayed taking action on raising the rates
until staff and Rahr Malting could meet on the effect of increased
flows from Rahr.
Rahr is projecting a flow increase of 82 million gallons (MG) in
1995. The 1993 actual flow was 317MG. The increase of 82MG was
not figured into the projections of the sewer fund budget.
The increased cost to Rahr of 82MG at the current flow rate of
$1.42 is $116,440 per year.
The increased cost to Rahr of 82MG at the proposed flow rate
of $1.74 is $142, 680 per year.
The estimated flow rate that MCWS is charging the city for
1995 is $1.28. The difference between the proposed rate the
city will charge (1.74) and $1.28 is $.46. The difference of
$.46 times the increased flow of 82MG gives $37 ,720 in net
revenue that the city keeps to pay for its operating/capital
costs.
The question therefore is, does the increased net revenue of
$37 ,720 from the projected increased flow of Rahr represent a
significant enough number that Council would scale back the
proposed flow rate of $1.74?
It was estimated that one cent on the flow rate is worth $7,710.
$37,720 divided by $7,710 is $0. 049 of flow rate. In other words,
if Council wants to reduce the proposed rate of $1.74 due to the
increase in net revenue of $37,720, the rate could be scaled back
to $1. 69. A difference of $0.05 in the flow rate would be a cost
difference of about $20, 000 per year to Rahr. The annual
difference to the average residential account would be about $3 . 00.
In order to impact all accounts equitably and have a full year of
increased revenue for the sewer fund, the rate increase should be
adopted 12/20/94 to be implemented 1/1/95. The next option would
be to implement the increase after the first quarter of 1995 which
would yield 9 months of increased revenue from C/I property while
residential accounts would still be impacted for 12 months because
of the delayed billing cycle for residential accounts.
Attached is a chart showing the projected status of the sewer fund.
Of course, there are the issues of trunk charges and funding for
the River Trunk and Chaska Interceptor still to be completely
resolved.
It appears that Rahr Malting will pursue a private treatment
facility with an optimistic time frame of being on line as early as
18 months. The loss to the city in net revenue when (and if) Rahr
withdraws from the city sewer systems is about $184, 000 (400 MG x
. 00046 = $184 , 000) . There are other pro and cons to be reviewed
regarding the potential withdrawal.
It is expected that Council restudy and adjust rates annually as
part of the budget process.
Alternatives
1. Adopt fee resolution (later on the 12/20/94 agenda) as drafted
with the proposed $1.74 flow rate.
2 . Adopt fee resolution (later on the 12/20/94 agenda) as amended
with the flow rate set at $1. 69.
3 . Adopt fee resolution (later on the 12/20/94 agenda) as amended
with the flow rate and /or flat rate set at some other amount.
4 . Adopt fee resolution (later on the 12/20/94 agenda) as amended
with the current flow rate and flat rate set and address sewer
rate changes at some later date.
Recommendation
If council had a target dollar amount of revenue to be generated by
the proposed rate of $1.74, then it appears that the target could
be achieved with the lower rate of $1.69 due to Rahr's increased
flow.
If council wants higher revenues but felt that $1.74 was the
largest increase practical at this time, then council may want to
stay with the $1.74 .
The fee resolution is on the agenda for adoption this meeting.
Included is the sewer rate at the $8. 00 per month and $1.74 flow
rate.
Action
Discuss and if desired, amend the fee resolution before adoption.
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CONSENT
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Bids For Full Size Squad Car
DATE: December 9, 1994
Introduction
The 1995 budget contains an appropriation for the purchase of a squad car.
Background
The 1995 budget includes an appropriation of $19,000 for the purchase of a
squad car. Funding is from the Capital Equipment Internal Service Fund. The
Hennepin County purchasing cooperative bid full size squads this year instead is
buying off the state contract because the state selected the Chevrolet due to the
state patrol color specification at an additional cost of about $700 per unit.
The base bid cost is an increase of $2,631 over last year.
The new car will replace a 1991 model. The final cost of the new car will
exceed the budgeted amount due to the increased vehicle cost. Additional costs
include graphics, communications conversion and propane conversion which total
about $4,500 - $5,000. Many of the items for the propane fuel that are removed
from the old car can not be used on the new car because of model differences.
The bid for the full size car is as follows;
Base bid $16,520.00
Options:
Map light 32.00
Delete power seat (310.00)
Deck lid lights 112.00
Extended Warranty 835.00
Shop manual 95.00
Total 17,284.00
Alternatives
1. Buy as per above.
2. Buy as per above but modify options.
3. Rebid on our own.
4. Don't buy a full size squad.
Recommendation
Alternative number 1.
Action
Move to authorize the purchase of a full size police squad from Superior
Ford in the amount of $17,284 plus dealer delivery in accordance with the
Hennepin County Cooperative contract.
CONSENT 11.('
TO: Dennis R. Kraft, City Administrator
FROM: Vernice Takumi, Accountant
SUBJECT: Interfund Transfers
DATE: December 13, 1994
Introduction
Request Council approval of equipment fund transfers for 1994.
Background
Transfer from the Capital Equipment Fund to the General Fund for the
purchase of the following items:
Finance
Computer Bridge
US WEST COMM. 3,568.23
LOGIS 750.53
Fire
Utility/Personnel Vehicle
Registration 9.00
SCUBA (Air Pak 4.5hr. )
Clarey's Safety Equip. 9,335.20
Total $13, 662 .96
Action Requested
Transfer from the Capital Equipment Fund to the General Fund $13,662 .96
for the purchase of equipment in 1994.
,,)
CONSENT
Memo to: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planner •
Meeting Date: December 20, 1994
Date Prepared: December 13, 1994
RE: Request for Extension of Time to Record the Final Plat for Stonebrooke
Second Addition with the Scott County Recorder's Office
Introduction:
The City has received a request from Laurent Builders, Inc. to extend the 180 day time period for
filing of a Final Plat after approval of the plat by the City Council. The applicant requested and
received an extension of an additional 180 days in which to file the plat in December of 1993. With
this request, the applicant is requesting an additional 180 days in which to file the plat. The City
Code states that if a plat is not filed within 180 days after approval by the Council, the Council may
rescind its approval.
Background:
On July 20, 1993,the City Council approved the Final Plat for Stonebrooke Second Addition. City
Code Section 12.03, Subd. 4.F states, If the plat is not filed within 180 days after approval by the
Council,the Council may rescind its approval and shall notify the Scott County Recorder/Register
of Titles".
The City Code does not list criteria for determining whether the time period for recording of a plat
should or should not be extended. In the past, the City has made the determination on the basis of
changes that have occurred relating to the plat which may necessitate the City reviewing the plat
again. There are no changes being made to the final plat itself. In addition, City Staff is not aware
of any changes that have occurred in the area of the proposed plat that would necessitate a new
review and approval of the plat by the City at this time.
Alternatives:
1. Offer and pass a motion extending the 180 day time period for recording of the Final Plat for
Stonebrooke Second Addition by an additional 180 days.
2. Offer and pass a motion extending the 180 day time period for recording of the Final Plat for
Stonebrooke Second Addition by a shorter period of time.
3. Offer and pass a motion denying the request to extend the 180 day time period for the
developer to file the Final Plat for Stonebrooke Second Addition and require the developer
to resubmit the plat for approval by the City.
Staff Recommendation:
Staff recommends Alternative No. 1.
Action Requested:
Offer a motion granting the developer of Stonebrooke Second Addition an additional 180 days in
which to file the Final Plat with the Scott County Recorder's Office, and move its approval.
(citycoun\bmexto.122)
The Laurent Building LA U R E N T Corporate Office 128 South Fuller Street, Shakopee, MN 55379 BU II. DER S,AI NC. (612)445-6745
December 12, 1994
Lindberg Ekola
City Planner
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Dear Mr. Ekola,
According to our records, the time limit for recording the plat of
Stonebrooke Second Addition expires on January 8, 1995. We are hereby
requesting an extension of time for recording. We are unaware of any
changes that have occured which would affect the desirablity of this
plat.
Sincerely,
Rt.ehui,J.Y
Randy R. Laurent
Vice President
RRL;at
BUILDERS • DEVELOPERS
B.L.#0001742
Jan
CONSENT
Attached is a print out showing the division budget status for 1994
based on data entered as of 12/15/94.
Included in the bill list is payment to ISD 720 for tax increment
remittance in the amount of $197 , 169. Also included is TIF
remittance to FMG in the amount of $154, 011.
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
12/14/94
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 67,420 1,963 45,841 68
12 CITY ADMINISTRATOR 194,060 11,127 177,866 92
13 CITY CLERK 116,690 7,410 108,014 93
15 FINANCE 278,660 13,390 255,389 92
16 LEGAL COUNSEL 185,970 13,218 152,707 82
17 PLANNING 408,130 18,390 353,951 87
18 GENERAL GOVERNMENT BUILDINGS 115,790 5,854 109,273 94
31 POLICE 1,389,520 87,278 1,278,988 92
32 FIRE 865,310 19,061 827,519 96
33 INSPECTION-BLDG-PLMBG-HTG 187,120 9,615 162,696 87
41 ENGINEERING 355,480 22,718 283,803 80
42 STREET MAINTENANCE 586,820 30,174 449,092 77
44 SHOP 185,050 7,148 177,138 96
46 PARK MAINTENANCE 307,270 9,223 282,644 92
61 POOL 150,300 384 143,594 96
64 RECREATION 209,380 10,394' 184,858 88
91 UNALLOCATED 73,610 87 23,807 32
TOTAL GENERAL FUND 5,676,580 267,434 5,017,180 88
17 PLANNING 360,860 5,107 296,952 82
TOTAL TRANSIT 360,860 5,107 296,952 82
12 CITY ADMINISTRATOR 165,693 3,823 139,911 84
TOTAL HRA 165,693 3,823 139,911 84
00 N/A 785,700 0 747,302 95
TOTAL CAPITAL EQUIP REVOLVING FUND 785,700 0 747,302 95
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer $AiN'
SUBJECT: County Road 18 Cooperative Agreement
DATE: December 13, 1994
INTRODUCTION:
Attached is the Revised Cooperative Agreement for construction of County Road 18. Also
attached is Resolution No. 4127 approving plans and specifications for County Road 18 and
Resolution No. 4128 restricting parking on County Road 18. These items were tabled at the
December 6, 1994 Council meeting.
BACKGROUND:
The revision to the Cooperative Agreement is to allow the City to pay its share of the project on
or before January 1, 1996. This allows the City to fund this project in 1996, as it was scheduled
in the Capital Improvement Program.
The remainder of the agreement is unchanged and has been approved by the City Attorney as to
form.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Cooperative Agreement with Scott
County for the County Road 18 Project.
2. Do not execute the Cooperative Agreement.
3. Adopt Resolution No. 4127 approving plans and specifications for County Road 18.
4. Deny Resolution No. 4127.
5. Adopt Resolution No. 4128 restricting parking on County Road 18.
6. Deny Resolution No. 4128.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 3 and 5.
,
ACTION REQUESTED:
1. Authorize the appropriate City officials to execute the Cooperative Agreement with Scott
County for the County Road 18 Project.
2. Offer Resolution No. 4127, Approving Scott County Plans to Improve County State Aid
Highway/County Road 18 Between the Southerly Shakopee City Limits to the Future
Shakopee Bypass, CP 91-18-02 and move its adoption.
3. Offer Resolution No. 4128,Restricting Parking on County State Aid Highway 18 Between
the Southerly Shakopee City Limits to the Future Shakopee Bypass, CP 91-18-02 and
move its adoption.
DMN/pmp
MEM4128
RESOLUTION NO. 4127
A RESOLUTION APPROVING SCOTT COUNTY PLANS
TO IMPROVE COUNTY STATE AID HIGHWAY/COUNTY ROAD 18
BETWEEN THE SOUTHERLY SHAKOPEE CITY LIMITS
TO THE FUTURE SHAKOPEE BYPASS
CP 91-18-02
WHEREAS, plans for Project No. CP 91-18-02 showing proposed alignment, profiles, grades
and cross-sections for the construction, reconstruction or improvement of County State Aid
Highway/County Road No. 18 within the limits of the City as a County Project have been prepared and
presented to the City.
NOW, THEREFORE, BE IT RESOLVED, that said plan be in all things approved.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 19
Mayor, City of Shakopee
ATTEST:
City Clerk
City Attorney
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and
adopted by the City Council of Shakopee at a meeting thereof held in the City of Shakopee, Minnesota, on the
day of , 19 , as discussed by the records of said City in my possession.
City Clerk
K-WP6O\CONSTR\MIS C\RE SAPP R
RESOLUTION NO. 4128
A RESOLUTION RESTRICTING PARKING ON
COUNTY STATE AID HIGHWAY/COUNTY ROAD 18
BETWEEN THE SOUTHERLY SHAKOPEE CITY LIMITS
TO THE FUTURE SHAKOPEE BYPASS
CP 91-18-02
WHEREAS, the County of Scott has planned the improvement of County State Aid Highway
(CSAH)/County Road (CR) 18 from the southerly Shakopee City Limits to the future Shakopee Bypass; and
WHEREAS, since the improvement lacks adequate width for parking on both sides of the street,
approval of the proposed construction as a County street project must therefore include certain parking
resolutions.
MINNESOTA:NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of CSAH/CR 18 from
the southerly Shakopee City Limits to the future Shakopee Bypass.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 19
Mayor, City of Shakopee
ATTEST:
City Clerk
City Attorney
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and
adopted by the City Council of Shakopee at a meeting thereof held in the City of Shakopee, Minnesota, on the
day of , 19_, as discussed by the records of said City in my possession.
City Clerk
K-WP601CONSTR MISC\RESNOPRK
. Agreement No. 18-9403
•
County Project 91-18-02
CSAH/CR 18
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of , 19_, by and between the
County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as
the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The County and the City have been negotiating to bring about the improvements of County State
Aid Highway/County Road 18 from the southerly Shakopee City Limits to the Shakopee Bypass (Engineer's Stations
26+45.08 to 137+08.23)as shown on the County Engineer's plans for County Project 91-18-02, which improvements
contemplate and include grading, aggregate base, plant mixed bituminous pavement, concrete curb and gutter,
storm sewer, sidewalk, landscaping and other related improvements; and
WHEREAS, The above described project lies within the corporate limits of the City, and
WHEREAS,The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices
of material and labor for the above described project and an estimate of the total cost for contract work in the sum
of Two Million Nine Hundred Seventy Thousand Four Hundred Eighty-seven dollars and Ten cents($2,970.487.10).
The sum of Two Hundred Ninety-one Thousand Seven Hundred Ninety-seven dollars and Fifty-seven cents
($291,797.57) has been determined to be the City of Shakopee's cost participation for this project.
1
Agreement No. 18-9403 '
A copy of said estimate (marked Exhibit"A") is attached hereto and by this reference made a part hereof; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S.
Sec. 162.17, Subd. 1.
NOW, THEREFORE, IT IS HEREBY AGREED:
The County or its agents will advertise for bids for the work and construction of the aforesaid Project No.
CP 91-18-02, receive and open bids pursuant to said advertisement and enter into a contract with the successful
bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties.
The contract is in form and includes the plans and specifications prepared by the County or its agents, which said
plans and specifications are by this reference made a part hereof.
I I
The County or its agent shall administer the contract and inspect the construction of the contract work
contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request
to the extent necessary, but shall have no other responsibility for the supervision of the work.
III
The City shall reimburse the County for its share in the construction cost of the contract work for said project
and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in
said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of this
agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set
forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern
in computing the total final contract construction cost for apportioning the cost of said project according to the
provisions of this paragraph.
2
Agreement No. 18-9403
IV
In addition to payment of the City's proportionate share of the contract construction cost, the County and the
City further agree to participate in the Preliminary Engineering, which includes all costs of planning, design and
preparation of plans and specifications, in an amount of eight percent (8%) of the cost of construction. The County
and City further agree to participate in the construction engineering, which includes the complete staking, inspection
and supervision of the construction, in an amount of five percent (5%) of the final contract amount. Participation
of engineering costs by the City shall be the same percentage as the total construction participation.
The cost of the items in which the County shall participate shall be based on the unit prices in the contract
and the final construction quantities as determined by the Project Engineer in charge.
The County and the City shall participate in the cost of the storm sewer construction as per recommendation
of the Hydraulics Engineer of the Minnesota Department of Transportation and the Scott County Highway
Department's "Policies for Cost Participation with Municipalities."
V
The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (90%) of
the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after
award of contract and execution of this Agreement or by January 1, 1996, whichever is later.
The remaining amount of the City's share of construction and engineering costs of this project shall be paid
to the County upon completion of the project and submittal to the City of the County's final, itemized, statement of
the project costs.
In the event the partial payment exceeds the City's share of these final costs, such overpayment shall be
returned to the City by the County.
VI
The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of
these reports shall be furnished to the City upon request.
3
Agreement No . 18-94'03
VII
All records kept by the City and the County with respect to this project shall be subject to examination by the
representatives of each party hereto. All data collected, created, received, maintained or disseminated for any
purpose by the activities of the County or City pursuant to this Contract shall be governed by Minnesota Statutes
Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted.
VIII
The County reserves the right not to issue any permits for a period of five (5) years after completion of the
project for any service cuts in the roadway surfacing of the County Highway included in this project for any
installation of underground utilities which would be considered as new work; service cuts shall be allowed for the
maintenance and repair of any existing underground utilities.
IX
The City shall, at its own expense, remove and replace all City owned signs that are within the construction
limits of this project.
X
Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at
its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County State
Aid Highway/County Road 18 constructed under this project.
No modification of the above parking restrictions shall be made without first obtaining a resolution from the
County Board of Commissioners permitting said modification.
XI
Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City,
4
Agreement No. 18-9403
or arising out of the negligence of any contractor under any contract let by the City for the performance of said work;
and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all
claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents
or employees.
XII
It is further agreed that neither the City, its officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action
of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work
by the County, or arising out of the negligence of any contractor under any contract let by the County for the
performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and
employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by.
the County, its officers, agents or employees.
XIII
It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising
out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any
work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and
expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character
arising in connection with or by virtue of performance of its own work as provided herein.
XIV
It is further agreed that any and all employees of the City and all other persons engaged by the City in the
performance of any work or services required or provided herein to be performed by the City shall not be considered
employees, agents or independent contractors of the County, and that any and all claims that may or might arise
5
Agreement No. 18-9403
under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf
of said City employees while so engaged and any and all claims made by any third parties as a consequence of
any act or omission on the part of said City employees while so engaged in any of the work or services provided
to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility
of the County.
Any and all employees of the County and all other persons engaged by the County in the performance of any
work or services required or provided for herein to be performed by the County shall not be considered employees,
agents or independent contractors of the City, and that any and all claims that may or might arise under the
Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said
County employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said County employees while so engaged in any of the work or services provided to
be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or
responsibility of the City.
XV
The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination
and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though
fully set forth herein.
6
Agreement No. 18-9403
County Project No. 91-18-02
CSAH/CR 18
City of Shakopee
Scott County
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
CITY OF SHAKOPEE
By
Mayor
(SEAL) Date
And
City Administrator
Date
And
City Clerk
Date
COUNTY OF SCOTT
ATTEST:
By By
County Administrator Chairman of Its County Board
Date Date
Upon proper execution, this agreement
will be legally valid and binding.
By
County Attorney
RECOMMENDED FOR APPROVAL:
Date By
County Engineer
Date
APPROVED AS TO EXECUTION:
By
County Attorney
Date
K-WP80WGRMTCOOP\911802 -
'0/11/94
7
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CUSENT
i e
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer pmtJ
SUBJECT: Appointment to Shakopee Basin WMO
DATE: December 14, 1994
INTRODUCTION:
Attached is correspondence from Norbert Theis, Acting Chairman for the Shakopee Basin
Watershed Management Organization (SBWMO) requesting that a representative from the City
of Shakopee be appointed to the SBWMO Board.
BACKGROUND:
Previously, this position was held by Dave Hutton, representing the City as the Public Works
Director. In Mr. Hutton's absence, someone else should be appointed to the board to represent
Shakopee.
Staff is recommending that a job classification be appointed to represent Shakopee on the
SBWMO. This would ensure that Shakopee is represented in the event of future turnover.
ALTERNATIVES:
1. Appoint the Public Works Director to represent Shakopee on the (SBWMO).
2. Appoint some other job classification.
3. Do not appoint anyone.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Appoint the Public Works Director to represent Shakopee on the Shakopee Basin Watershed
Management Organization.
DMN/pmp
SBWMO
D c i z JJ
DEE;
xi.# j� � � � IViss4�
TO: Dennis R. Kraft, City Administrator E
L�Vernice Takumi, Accountant N S N t
FROM: I
RE: 1994 Budget Amendment Resolution No. 4141
DATE: December 9, 1994
Introduction /
The recent approval of Resolution No. 4119, and the establishment of the new
Internal Service Fund requires an amendment to the 1994 Budget.
Background
Resolution No. 4119 adopted at the last Council meeting required the
transfer of funds from the General Fund to the respective debt service funds.
The establishment of the new Internal Service Fund for the purchase of
large fixed assets requires that the cash balance from the Capital Equipment
Revolving Fund (as of year end 1994) be transferred into the new Internal Service
Fund.
Attached is a resolution that amends the 1994 budget to provide for these
transfers.
Alternatives
1. Approve resolution as presented.
2. Amend resolution and approve.
3. Do not approve resolution.
- RESOLUTION 4141
A RESOLUTION AMENDING RESOLUTION 3913 ADOPTING THE 1994 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 Accoun Amount
General transfers out (debit) 242,654
Capital Equipment transfers out (debit) 1,350,000
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1994.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form
City Attorney
COE]\IT' JYb
EXPLANATION TO ORDINANCE 20.Y_
ORIGINATING DEPARTMENT: Law Department
PURPOSE: To authorize the City Administrator to enter into
contracts for services up to $5, 000 . 00 .
REMARKS: At the December 6, 1994, City Council meeting, the
City Council directed staff to prepare an ordinance amending City
Code Sec. 2 . 05, Subd. 5, to allow the City Administrator to enter
into contracts for previously budgeted services when the annual
amount of the contract does not exceed $5, 000 . 00 . This ordinance
will extend the authority of the City Administrator to such
contracts.
ACTION REQUESTED: Offer Ordinance No. 3/V , an
ordinance amending City Code Chapter 2, Administration and
General Government, Sec. 2 . 05, City Administrator, Subd. 5,
Duties, by repealing paragraph H, relating to contracts, and
adopting one new paragraph in lieu thereof, and move its
adoption.
Submitted by:
+0" •
ity Att.rney
[8MEMO]
ORDINANCE NO. � '___ , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY
CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, SEC. 2 . 05,
CITY ADMINISTRATOR, SUED. 5, DUTIES, BY REPEALING PARAGRAPH H,
RELATING TO CONTRACTS, AND ADOPTING ONE PARAGRAPH IN LIEU THEREOF
RELATING TO THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That City Code Chapter 2, Administration and
General Government, Sec. 2 . 05, City Administrator, Subd. 5,
Duties, is hereby amended by repealing paragraph H, relating to
contracts, and adopting one new paragraph in lieu thereof, which
shall read as follows :
"Subd. 5. Duties. The City Administrator shall be the Chief
Administrative Officer of the City and shall be responsible to
the Council for the proper administration of all affairs of the
City and to that end shall be empowered and required to:
H. Purchase or enter into contracts for previously
budgeted items when the amount thereof does not exceed
$5, 000 . 00, and purchase or enter into contracts for
previously budgeted services, when the annual amount of
such contract does not exceed $5, 000 . 00 . For items and
services in excess of $5, 000 . 00_, the City Administrator
shall receive estimates, quotations, proposals, or
sealed bids, as appropriate = -and present them to the Council for official action. "
Note: The rcdlincd language is deleted; the underlined language
is inserted.
Section 2 - General Provisions. City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 2 . 99, Violation
a Misdemeanor, are hereby adopted in their entirety by reference,
as though repeated verbatim herein.
Section 3 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1994 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: #II'' • MOW / City Attorney
Published in the Shakopee Valley News on the day of
, 1994 .
[8MEMO]
-2-
CON EMI / IQ
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: 1995 Fee Resolution
DATE: December 16, 1994
INTRODUCTION:
Attached is the fee resolution for 1995, for Council
consideration.
BACKGROUND:
For the most part, fees are being increased approximately 4%.
This is in follow-up to Council direction during the Committee of
the Whole meeting on the 1995 budget held on August 25, 1994 .
Exceptions are as follows:
1] Cigarette licenses are increased from $15. 00 to $20. 00
per year. This is more in line with what other cities are charging
and will more accurately cover City cost.
2] Liquor and beer license fees are not being increased at
this time. A public hearing will be scheduled for next spring to
consider an increase (prior to the July 1st renewals) .
3] A fee is being added for review of an application to the
State for a currency exchange license to help defray publication
costs and staff time.
4] No increases is proposed for the Minnesota Home Finance
Agency rental rehab grant application fees. This was implemented
when the City had a housing inspector to help provide funds for
repairs. No applications were ever received.
5] Scavenger fees are being deleted. Scavengers no longer
dump in Shakopee, but are suppose to dump at Blue Lake.
6] No increases were made for electrical permits. Staff
recommends continuing to use the State fee schedule.
7] Building permit fees have been increased as set forth in
the 1994 Uniform Building Code. The Uniform Building Code has not
been changed since 1988 . The State did not increase grading plan
review fees or grading permit fees.
8] Staff is not proposing an increase in fees for plumbing
permits and heating and air conditioning because they were
increased within the last year or two AND because of the
substantial increases in the building permit fees. We may want to
look at increasingthe plumbing and heating permits in the next
year or two.
9] Housing code certificate of occupancy fees have been
deleted since we have eliminated the housing code inspector.
10) The sanitary sewer service charges included in the fee
resolution are: $8. 00/month, $1.74/1, 000 gal and $16. 70/mo for
unmetered. If this is changed during discussion under another
agenda item, the resolution should be amended.
11] Refuse/recycling collection rates are unchanged. The
recent three year contract extension with Waste Management had no
increase, except when landfill charges go up.
12] A fee is being added by the City Attorney for title
review in the amount of $100. 00.
13] Storm water drainage utility is being increased per
earlier Council direction.
14] Recommendations made by the Planning Director have been
incorporated into the fee resolution, see attached memo, with one
exception. The Planning Director is recommending adding a site
plan review fee. This has been discussed before and Council has
not chosen to implement this fee. If Council desires to add this
fee to the fee resolution, staff should be directed to include the
Planning Director's recommendation.
15] Dog licenses and impounding fees have not been increased
for some time. The Chief of Police is recommending substantial
increases.
16) For recreation fees, staff is focusing increases on adult
team sports and non-residents. The overall increase in recreation
department revenues as a result should equate to approximately 4% .
The Park & Recreation Advisory Board is expected to formally act on
the recommended increases at their meeting on Monday night. Any
changes from those contained in the fee resolution, will be placed
on the table.
ALTERNATIVES:
1] Adopt fees as proposed
2] Amend fees as proposed
RECOMMENDATION:
Make any desired amendments and adopt the fee resolution.
RECOMMENDED ACTION:
Adopt Resolution No. 4143 , A Resolution Setting Fees For City
Licenses, Permits, Services And Documents, and move its adoption.
MEMOFEES. -95
MEMO TO: Dennis R. Kraft
FROM: Lindberg S. Ekola, Planning Director
RE: 1995 Planning Department Fee Schedule Update
DATE: November 21, 1994
INTRODUCTION:
This memo is in response to your request for a staff recommendation concerning amendments to
the fee schedule for Planning Department activities.
BACKGROUND:
Attachment 1 is a copy of the 1994 Planning Department fee schedule. The fee schedule is
organized into the following four parts:
1. Information/Document Fees
2. Comprehensive Plan Amendment Administration Fees
3. Land Division Administration Fees
4. Land Use Administration Fees
DISCUSSION:
Since there was a thorough update to the Planning Department fee schedule in 1992, the
following proposed changes reflect minor increases to keep the City current with other area cities.
In some areas, staff is recommending an increase where significant time is being expended on
project review. Staff would note that the AMM bi-annual survey of fees will be available in 1995.
We will review the fees in greater detail with that information.
I. Information/Document Fees
The "City Codes" section needs some minor revisions. The line regarding the sale of the
entire City Code should be moved to another department since we only stock the chapters
from the City Code relating to Planning. This suggestion was pointed out by the City
Attorney. With the incorporation of the Sign Regulations in to Chapter 11, I have
suggested an edit to clarify this as well..
RECOMMENDATION - Due to increased volume of regulations and copying costs, staff
recommends the following charges:
Zoning Ordinance $25.00
Sign Regulations (Part of Chapter 11) 5.00
Subdivision Regulations 15.00
1
Under the "Maps" section, it may be appropriate to move some of the maps to
Engineering since they produce the topography and Auto Chart maps.
II. Comprehensive Plan Amendment Fee- No changes proposed.
III. Land Division Administration Fees
Major Subdivisions - New
RECOMMENDATION - The City Attorney is recommending the adding of a Title
Review fee ($100) for major subdivision plats.
Vacations - Increase
The amount of staff time consumed by applications for the vacation of rights-of-way have
been considerably higher than those for the vacating of public easements. The recent alley
vacation requests have been significant staff time burners.
RECOMMENDATION - Staff is recommending the fee for vacations for rights-of-
way be raised from $100 to $200.
IV. Land Use Administration Fee
Planned Unit Development -Revise/Increase
RECOMMENDATION - with the adoption of the new Zoning Ordinance, the preliminary
and final PUD processes have been merged into one step. The fees need to be
combined. Staff is recommending the amendment fee be raised from $200 to $300 to
better reflect the potential staff time involved.
Zoning Ordinance Text Amendment -New
Over the past three to four years, staff processed several Zoning Ordinance text
amendments in order to accommodate development needs. No fees were collected and
considerable staff time was spent on each text amendment. The Zoning Ordinance allows
an affected property owner to apply for a text amendment.
Although not all cities charge for text amendments, several require a fee. The following
lists identifies some of these cities and their text amendment fees: Apple Valley ($350),
Bloomington ($1000), Maple Grove ($125), Prior Lake ($50).
RECOMMENDATION - Staff recommends that a $500 fee be charged for Zoning
Ordinance text amendments not initiated by the Planning Commission of the City Council.
Building Permit Site Plan Review Fees -New
Planning staff spends a considerable amount of time reviewing site plans for the building
permit process to review for a projects compliance with the Zoning Ordinance. Although
several process improvements for reviewing building permits have been implemented over
the past several years, the amount of Planning staff time consumed by on building permits
is significant especially on the smaller projects where no survey information exists. In
1994, the Planning Department will expend over $10,000 on staff on reviewing building
permits.
Some cities have established a site plan review process for projects prior to the building
permit process. The Zoning Ordinance regulations guide the general design of a project
and need to be closely reviewed early in the permit process. Typically, cities require site
plan approval for more complex projects such as commercial, industrial and multi-family
residential projects.
If a flat fee were charged on each building permit, a portion of the Planning staff costs
could be paid for by the development community. Currently, the funding source for
Planning staff time is the General Fund. Below is a list of building permit types, number of
cases in 1993, a suggested and total revenue generated:
Type Number Fee Revenue
SF Res. 145 $ 25 3625
MF Res. 15 50 750
Res. Additions 81 10 810
Garages/Acc. Blds. 41 10 410
Fences 20 10 200
Commercial 4 100 400
Corn. Additions 5 50 250
Industrial 2 100 200
Ind. Additions 3 50 150
Total $6795
RECOMMENDATION - Staff recommends the addition of a Planning Review fee for
building permits as stated in the above table.
Planning Administration Costs - Revise
RECOMMENDATION - Due to staffing changes, we recommend that the hourly rate
for/he Planning staff be revised as shown in the attached marked up fee schedule copy.
3
ALTERNATIVES:
1. Approve the recommended 1995 Planning Department Fee Schedule.
2. Modify and approve the 1995 Planning Department Fee Schedule.
3. Retain the same fee schedule from 1994.
STAFF RECOMMENDATION:
Staff recommends alternative 1.
ACTION REQUESTED:
Offer a motion to incorporate the recommended changes to the 1995 Planning Department Fee
Schedule, and move its adoption.
{f kaKeia'plaruwigil I?Imzmo.cc)
4
RESOLUTION NO. 4143
A RESOLUTION SETTING FEES FOR CITY LICENSES,
PERMITS, SERVICES AND DOCUMENTS
BE IT RESOLVED, by the City Council of the City of Shakopee,
Minnesota, that the Fee Schedule dated January 1, 1995, attached
hereto and made a part hereof is hereby approved and adopted in its
entirety.
BE IT FURTHER RESOLVED, that the Fee Schedule attached shall
become effective on January 1, 1995, unless indicated otherwise
therein, and Resolution No. 4143 and all other resolutions
inconsistent herewith shall be repealed effective January 1, 1994 .
Adopted in Adjourned Regular Session of the City Council of
the City of Shakopee, Minnesota, held this 20th day of December
, 1994 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
Adopted: 12/20/94 Res. No.4143
FEE SCHEDULE
Shakopee, Minnesota
January 1, 1995
Fees are listed by department and are to be updated annually.
CITY CLERK/Misc. Business Licenses
FEES
Commercial/Industrial/Mortgage Revenue Bond Fees
1 . Application fee for Commercial/Industrial/ 1/10th of 1% of
Mortgage Revenue Bonds amount issued with a
..............00.............
$2, 500 minimum and a
$G, 000 g6WOOMmax.
2 . Legal expenses as billed in addition to above
3 . Application fee for refinancing Commercial/ 1/20th of 1% of
Industrial/Mortgage Revenue Bonds amount issued with a
$1, 250Q minimum and
$3, 000 a::$ # # maximum.
4 . Legal expenses for refinancing as billed in addition to above
Tax Increment Financing Fees (Authorized by Res . 3221)
Application fee for Tax Increment Financing 5, 000 . 00 r2O0
Movies and Theaters (Authorized by City Code 6 .42)
1 . Annual fee for showing 16 mm films $ 25 . 00 pomp
2€,
2 . Annual fee for showing 35 mm films (or larger) 100 . 00 . 1415V00
3 . Annual fee for conducting theatrical play(s) 25 . 00 2:6 :00
`ie%v
::::0
vcavcngcrs (Duping or discharge of wa3tc)
(Authorizcd by City Code 6 .43)
$ . 98/1, 000 gallons or any part thereof plus $5 . 00 per billing
No permit nor fcc &hell be regnircd for pumping and
cleaning cco3pools and/or 3cptic tank3 .
Gambling/Bingo/Raffles
Licensed through State Gambling Board, no City fees .
Minnesota Home Finance Agency Rental
-Rehab Grant Application Fees (Authorized by Res . #3181)
- 1-4 Units $150 . 00
1
5-8 Units 185.00 - 290.00
9-16 Units 325.00 - 570.00
17-24 Units 605.00 - 850.00
25 or more 885.00 plus $35
for each unit
in excess of 25
License for the Sale of Beer, Liquor, Wine, Set-up
License, Liquor License, Club License and Temporary
Beer License (Authorized by City Code 5 . 06)
1 . Annual fee for On Sale Beer License 312 . 00
2 . Annual fee for Off Sale Beer License 100 . 00
3 . Temporary Beer License 15 . 00
4 . Annual fee for Set Up License 125 . 00
5 . Annual fee for On Sale Wine License 1/2 of On Sale Liquor
or $2, 000 whichever
is less
6 . Annual fee for On Sale Club License 300 . 00
7 . Annual fee for Sunday Liquor License 200 . 00
8 . Annual fee for Off Sale Liquor License 150 . 00
9 . Application and Investigation fee for Off
Sale Liquor License, On Sale Liquor License,
or Wine License
a) If investigation within Minn. 330 . 00
b) If investigation outside Minn. City expenses up to $10, 000
with $1, 100 deposit
10 . Annual fee for On Sale Liquor License:
Customer Used Floor Area
Under 1, 000 3 , 705 . 00
1, 000 - 1, 999 4, 390 . 00
2, 000 - 2, 999 5, 080 . 00
3, 000 - 3 , 999 5, 765 . 00
4, 000 - 4, 999 6, 445 . 00
5, 000 - 5, 999 7, 140 . 00
6, 000 - 6, 999 7, 820 . 00
7, 000 - 7, 999 8, 510 . 00
8, 000 - 8, 999 9, 195 . 00
9, 000 - 9, 999 9, 875 . 00
Over 10, 000 10, 570 . 00
Other Business Regulations and Licenses
(City Code - Chapter 6 - all applicants require a
$5 . 00 application fee)
Peddlers (Authorized by City Code 6 . 21)
1 . Weekly License Fee 25 . 00 30 <0
2 . Annual License Fee 150 . 00 160'><00
3 . Six Month License Fee 100 . 04 .105._.:00
.......................
......................
.......................
....................
.......................
Taxicabs and Drivers (Authorized by City Code 6 . 22)
1 . Annual fee 250 . 00 250.00
2 . Annual taxicab driver' s license fee 25 . 00 30.00
3 . Annual fee for each vehicle 15 . 00 15:..:50
Tobacco (Authorized by City Code 6 .23)
..................
...................
1 . Annual fee for Tobacco License 15 . 00
...................
..................
...................
..................
Show, Non-Transient Theme Parks, Amusement Parks, etc.
(Authorized by City Code 6 . 24)
1 . Annual license fee equaling the number of rides
x $45 . 00 15 . 00 £#/ride
2 . Show without rides 75 . 00 80 0f
..................
...................
..................
...................
3 . Non-Transient Theme Parks As per agreement
Outdoor Performance Center
(Authorized by City Code 6 .42B)
......................
1 . Annual license fee 500 . 00 520ttO
Massage Center (Authorized by City Code 6 .40)
1 . Annual License Fee 300 . 00 ROM
2 . Initial license requires one time investigation
fee 330 . 00 34WOO
3 . Investigation fee for each new employee 50 . 00 >,.0 ' € 0
Masseur and Masseuse License Fee
(Authorized by City Code 6 .41)
1 . Annual registration fee 100 . 00 m5`r0#
2 . Investigation fee 50 . 00 >0#
Pawnshops, Precious Metal Dealers, and Secondhand Dealers
(authorized by City Code 6 .28)
1 . Annual License Fee $300 . 003 '5'=0
2 . Initial license requires one time investigation
fee $330 . 00 $14::5`;_::0:€
3 . Investigation fee for each new employee $ 50 . 00 50
Tattooing License (authorized by City Code 6 . 51)
1 . Annual License Fee $300 . 00 tlitVdd
2 . Initial license requires one time investigation
fee $330 . 00 5_? Q€
3 . Investigation fee for each new employee $ 50 . 00 $::::::55:;:::;00
Rental of Pat Thielen Rodeo Arena
(Authorized by Resolution No. 1910)
Rental of arena for a period not to exceed seven
consecutive days :
a. Non-profit organizations within corporate
limits of City of Shakopee 0 . 00
b. Other non-profit organizations 200 . 00 208 00 or
15% of gross ticket sales
whichever is gre.ater_.
c. Profit making organizations 200 . 00 208n:110 or
15% of gross ticket sales
whichever is greater
Service Charge for Returned Checks
Hereby set as follows :
1 . Service charge for each check returned 15 . 00
•
1
BUILDING INSPECTOR/ELECTRICAL INSPECTOR
Electrical Inspection (Authorized by City Code 4 . 05)
1 . Payment of Fees : fees are due and payable to the City of Shakopee
at or before commencement of the installation and shall be
forwarded to the City of Shakopee . An additional $ . 50 State
Surcharge must accompany each permit
2 . Schedule. City electrical inspection fees shall be paid according
to the following schedule .
3 . Fee for each separate inspection. The minimum fee for each
separate inspection of an installation, replacement, alteration, or
repair limited to one inspection only is $15 . 00 .
4 . Fee for services or power supply units . The inspection fee for
each service, change of service, temporary service, power supply
unit, addition, alteration, or repair to a service or power supply
unit shall be 0- to and including 200-ampere capacity, $15 . 00; for
each additional 100-ampere capacity or fraction thereof, $5 . 00 . A
separate request for electrical inspection shall be filed for
temporary services.
5 . Fee for circuits or feeders. The fee for each circuit or feeder,
or addition, alteration, or repair of such circuit or feeder
including the equipment served, and including circuits fed from
feeders, except as provided for in No. 6, items A to K shall be :
A. 0- to and including 100-ampere capacity, $4 . 00
B. For each additional 100-ampere capacity or fraction thereof,
$2 . 00
6 . Limitations and additions to the fees listed in No. 3 through 5
above .
A. The fee for a single-family dwelling, shall not exceed $55 . 00
if the electrical service is not over 200-ampere capacity.
This fee includes not more than three inspections. The fee for
a single family dwelling over 200- to and including 400-ampere
capacity shall not exceed $100 . 00 . This fee includes not more
than four inspections. These fees shall apply to each separate
service, and include the service, feeders, circuits, fixtures,
and equipment. The fee for additional inspections shall be the
reinspection fee in No. 8 . Multifamily dwellings with
individual services to each unit are computed at the single
family dwelling rate .
B . The fee for each farm building or farm structure with a service
not over 200-ampere capacity shall not exceed $55 . 00 . The fee
includes not more than three inspections . The fee for each
building or structure with a service over 200- to and including
400-ampere capacity shall not exceed $100 . 00 . The fee includes
not more than four inspections . These fees include the
services, feeders,. circuits, fixtures, and equipment . The fee
for additional inspections shall be the reinspection fee in No.
v8 . Pole-top current metering and pole-top disconnecting means
•
on the farm yard pole are exempt from inspection and inspection
fees .
C. The fee for each unit of a multifamily dwelling having three to
six dwelling units shall not exceed $30 . 00 . The fee for each
multifamily dwelling exceeding six units shall not exceed
$20 . 00 per dwelling unit. This fee includes only the wiring in
an individual dwelling unit and the final feeder to that unit .
The fee for the service and all other circuits shall be as
specified in No. 3 to 5, except that the fee for each house
panel shall not exceed $55 . 00 . A separate request for
electrical inspection is required for each building. The fee
for a two-unit dwelling or duplex shall be the same as for two
single-family dwellings.
D. Recreational vehicle parks fees shall be in accordance with No.
3 to 5 .
E. The fee for mobile home park stalls shall be $6 . 00 per unit
stall exclusive of the feeder to the mobile home with a minimum
fee of $15 . 00 per inspection trip. The fee for permanently
intalled feeders shall be in accordance with No. 5 .
F. In addition to the above fees, the fee for each street lighting
standard shall be $1. 00 and the fee for each traffic signal
standard shall be $2 . 00 . Circuits originating within the
standard shall not be used when computing the fee.
G. In addition to the above fees, the fees for all transformers
and generators for light, heat, and power shall be $5 . 00 per
unit plus $3 . 00 per ten-kilovolt-amperes or fraction thereof.
The maximum fee for a transformer or generator in this category
is $40 . 00 .
H. In addition to the above fees, the inspection fees for
transformers for signs and outline lighting shall be $5 . 00 per
unit .
I . In addition to the above fees, unless included in the maximum
fee, the inspection fee for remote control, signal, alarm or
communication circuits and circuits of less than 50 volts shall
be $5 . 00 per each ten openings or devices of each system plus
$2 . 00 for each additional ten or fraction thereof, with a
minimum fee of $15 . 00 per inspection trip.
J. In addition to the above fees, the inspection fee for each
separate inspection of a swimming pool shall be $15 . 00 .
Reinforcinig steel and bonding for swimming pools requires a
rough-in inspection.
K. In addition to the above fees, the fee for all wiring on center
pivot irrigation booms shall be $30 . 00 . The fees for all other
wiring for the irrigation system shall be as otherwise
specified in this part .
7 . Investigation Fees : Work without a request for electrical
inspection.
A. Whenever any work for which a request for electrical inspection.
is required by the boardthas begun without first obtaining
the request for inspection,....a special investigation shall be
made before a request for electrical inspection is accepted by
the board.'' i _
B . An investigation fee, in addition to the full fee required by
No. 2 to 6, shall be paid before an inspection is made. The
investigation fee shall be equal to the amount of the fee
required by No. 2 to 6 . The payment of the investigation fee
does not exempt any person from compliance with all other
providions of the board rules or statutes nor from any penalty
prescribed by law.
8 . Reinspection fee . When reinspection is necessary to determine
whether unsafe conditions have been corrected and the conditions
are not the subject of an appeal pending before the board or any
court, a reinspection fee of $15 . 00, may be assessed in writing by
the inspector.
9 . Special inspection. For inspections not covered herein, or for
requested special inspections or services, the fee shall be $23 . 00
per hour, including travel time, plus 24 cents per mile traveled,
plus the reasonable cost of equipment or material consumed. This
provision is applicable to inspection of empty conduits and other
jobs as may be determined by the board.
10 . Inspection of transient projects . For inspection of transient
projects, including but not limited to carnivals and circuses, the
inspection fees shall be as specified herein.
The fee for inspection of power supply units shall be that fee
specified in No. 4 . A like fee will be required for power supply
units at each engagement during the season. Rides, devices, or
concessions shall be inspected at their first appearance of the
season, and the inspection fee shall be $15 . 00 per unit .
In addition to the fee for the power supply units, there shall be
a general inspection of each engagement during the season at the
hourly rate, with a two-hour minimum. In addition to the above
fees, inspections required on Saturdays, Sundays, holidays or after
regular business hours will be at the hourly rate, including travel
time . An owner of a migratory amusement enterprise shall notify
the City of its season itinerary and make application for initial
inspection a minimum of 14 days before its first engagement in the
City . For subsequent engagements not listed on the itinerary sent
to the City, where the City is not notified at least 48 hours in
advance, a charge of $100 . 00 will be made in addition to all
required fees . Also a fee at the hourly rate will be charged for
additional time spent by the inspector if the equipment is not
ready for inspection at the time and date specified on the request
for electrical inspection. The fee for reinspection of corrections
is $15 . 00 for each reinspection. .
Plumbing Permits (Authorized by City Code 4 . 05)
1 . Alterations and Repairs - Minimum Fee 16 . 00
+ $ .50 State Surcharge Tax
2 . New Construction
Residential - Minimum Fee 36 . 00
+ $ . 50 State Surcharge Tax
Commercial - Minimum Fee 60 . 00
+ $ . 50 State Surcharge Tax
3 . Residential Plumbing Permit Fees
All fixtures listed below will be figured at 6 . 00/each
Water Closet Water Softener +$ . 50 State
(Basin) Bathtub Surcharge Tax Lavatory
Floor Drain Laundry Tub
Sink Shower Stall
Disposal Dishwasher
Water Heater (Gas or Electric) Clothes Washer-Standpipe
Permit fees for rough-ins for future bathrooms will
be $5 . 00 per fixture. + $ .50 State Surcharge Tax
4 . Replacements Only
Water Heater - Gas 16 . 00
+ $.50 State Surcharge Fee
Water Softeners - New or replacement in other than
homes under construction (installer must be licensed
by the State Board of Health 16 . 00
+ $.50 State Surcharge Fee
5 . Commercial Plumbing Permit Fees
Water Closet, Lavatory (Basin) , Urinal,
Individual Shower 7 . 00
Shower - Gang Type - Per Head 5 . 20
Drinking Fountain 7 . 00
Dental Unit 13 . 00
Sink - Service or Mop 7 . 00
Flat rim, bar, counter, laboratory 9 . 50
Pot or Skullery 9 . 50
Clothes Washer - First five units or less 19 . 00
Each additional unit 4 . 00
Floor Drain - 2 inch 7 . 00
3 and 4 inch 8 . 50
Catch Basin 9 . 50
Sewage Ejector 13 . 00
Sumps and Receiving Tanks 13 . 00
Water Softeners 19 . 00
Water Heater - Gas - Replacement Only 25 . 00
Commercial plumbing permits to_ be figured by the above fixture schedule
but at -the same time the permit is to be issued, the permitee will
certify the contract price and the fee will be based on the above
method or 1 . 27% of the contract price, whichever is greater.
6 . Sewer and Water Connection
Sewer Connection 20 . 00
+$ .50 State Surcharge Fee
Water Connection 20. 00
+$ .50 State Surcharge Fee
Combination Sewer & Water Connection 30 . 00
+$ . 50 State Surcharge Fee
Sign Permit Fees (Authorized by City Code 4 . 30)
Permanent $30 +
$ .50/sq. ft .
+State Surcharge Fee
Temporary $25 . 00
+State Surcharge Fee
Building Permit Fees (Authorized by City Code 4 . 05)
Building Value Fees
$1 . 00 to 500 . 00 $15 . 00000
501 . 00 to 2, 000 . 00 $15 . 00$2 . 0 for the first 500 . 00 plus
2 . 040X-for each additional 100 . 00
or fraction thereof, including 2, 000 . 00
2 , 001 . 00 to 25, 000 . 00 $45 . 00:$:6:2:::::=2 for the first 2, 000 . 00 plus
0 . 00:12:':> 0 for each additional 1, 000 . 00
or fraction thereof, to and
including 25, 000 . 00
25, 001 . 00 to 50, 000 . 00 $252 . 04$400$ for the first 25, 000 . 00 plus
6 . 509` Q for each additional 1, 000 . 00 or
fraction thereof, to and including
50, 000 . 00
50, 001 . 00 to 100, 000 . 00$414 . 54$PARg$ for the first 50, 000 . 00 plus
1 . 50$s > ZS ...for each additional 1, 000 . 00 or
fraction thereof, to and including
100, 000 . 00
100, 001 . 00 to 500 , 000 . 00630 . 50; '5' :5 for the first 100, 000 . 00 plus
3 . 505' 00 for each additional 1, 000 . 00 or
fraction thereof, to and including
500, 000 . 00
500, 001 . 00 to 1, 000, 000 . 00$2, 030 . 50 2r.88' 25 for the first 500 , 000 . 00
plus
3 . 0-04,2:5 for each additional 1, 000 . 00 or
fraction thereof, to and including
4/ 1, 000, 000 . 00
1, 000, 001 . 00 and up $3 , 539 . 50 ' 2 ' 2 for the first 1, 000, 000 . 00
plus 2 .002t` ' for each additional 1, 000 . 00
or fraction thereof
Other Inspections
Inspections outside of normal business hours
(minimum charge - two hours) 10 . 00422 Q2/hr.
Reinspection fees assessed under provisions of
Section 305 (g) of the State Uniform Building Code4-O 0-0 s /hr.
Inspections for which no fee is specifically
indicated (minimum charge - one-half hour) 10 . 0042 /hr.
Additional plan review required by changes, additions
or revisions to approved plans (minimum charge -
one-half hour) 10 . 0042 f /hr.
Plan Check Fee: Single Family, Multi-Family Dwellings,
Commercial and Industrial Projects
65% of permit fee
A non-refundable plan review fee shall
be paid at the time of submitting plans
and specifications for review.
State Surcharge : Building Permits (These fees forwarded to the State
Treasurer)
Less than $1, 000 $ . 50
$1, 000, 000 or less . 0005 x valuation
$1, 000, 000 to $2, 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000)
$2, 000, 000 to $3 , 000, 000 $ 900 + . 0003 x (Value - $2, 000, 000)
$3 , 000, 000 to $4, 000, 000 $1200 + . 0002 x (Value - $3 , 000, 000)
$4 , 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4 , 000, 000)
Greater than $5, 000, 000 $1500 + . 00005 x (Value - $5, 000, 000)
State Surcharge : Plumbing, Heating and Electrical Permits
Permit fee less than $1, 000 $ . 50
Permit fee more than $1, 000 Fee x . 0005
Certificate of Occupancy (Authorized by Res . No. 2604)
Commercial/Industrial - . 005 times the value of the project,
or $500. 00, whichever is greater
Residential - . 005 times the value of the project
with a $500 . 00 maximum
10
90% of the fee shall be refunded when a final certificate of
occupancy is issued.
Fast Tracking Issuance of Building Permits (Authorized by Res. #2604)
Fast tracking building permit process - City expenses up to 100%
of building permit fee
with a 30% deposit
Grading Plan Review Fees
50 cubic yards or less No fee
51 to 100 cubic yards 15 . 00
101 to 1000 cubic yards 22 . 50
1001 to 10, 000 cubic yards 30 . 00
10, 001 to 100, 000 cubic yards - 30 . 00 for the first 10, 000 cubic
yards, plus 15 . 00 for each additional 10, 000 cubic yards or
fraction thereof .
100, 001 to 200, 000 cubic yards - 165 . 00 for the first 100, 000 cubic
yards, plus 9 . 00 for each additional 10, 000 cubic yards or fraction
thereof.
200, 001 cubic yards or more - 255 . 00 for the first 200, 000 cubic
yards, plus 4 . 50 for each additional 10, 000 cubic yards or fraction
thereof .
Grading Permit Fees
50 cubic yards or less 15 . 00
51 to 100 cubic yards 22 . 50
101 to 1000 cubic yards - 22 . 50 for the first 100 cubic yards plus
10 . 50 for each additional 100 cubic yards or fraction thereof.
1001 to 10, 000 cubic yards - 117 . 00 for the first 1, 000 cubic yards,
plus 9 . 00 for each additional 1, 000 cubic yards or fraction thereof .
10, 001 to 100, 000 cubic yards - 198 . 00 for the first 10, 000 cubic
yards, plus 40 .50 for each additional 10, 000 cubic yards or fraction
thereof .
100, 001 cubic yards or more - 562 . 50 for the first 100, 000 cubic
yards, plus 22 . 50 for each additional 10, 000 cubic yards or fraction
thereof .
Moving Permit 50 . 00
Fire Protection Equipment hereby set as follows :
Sprinkler Systems shall be computed at $15 . 00 for the first 10 heads
and $4 . 50 for each additional 10 heads or part thereof, and $25 . 00 per
hour fee for plan check plus State Surcharge .
\\ Repair and miscellaneous work shall be computed at 1 . 27% of the
contract price- plus State Surcharge .
Individual On Site Sewer Permits hereby set as follows :
Residential : 50 . 00
Commercial : 1 . 27% of
Contract Amount
Heating, Air Conditioning, Refrigeration, and Ventilation Permits
hereby set as follows :
Minimum Fee 16 . 00
+ $ . 50 State Surcharge
Single Family Residence 40 . 00
+ $ . 50 State Surcharge
Central Air Conditioning (at the time 6 . 00
of new construction) + $ . 50 State Surcharge
Commercial fee shall be computed at 1 .27% of the contract plus
State Surcharge.
Tank & Piping Permits hereby set as follows :
Underground fuel storage tanks and piping permit fee to be 1 . 27%
of contract plus State Surcharge
Lawn Sprinkler Systems -' Residential 30 . 00
Lawn Sprinkler Systems- Commercial (This fee includes
water connection from building piping to yard side
of siphon breaker) 30 . 00
Gas Piping Permits hereby set as follows :
Minimum Fee 16 . 00
+ $ . 50 State Surcharge
Residential - Each fixture or applicance 2 . 50 ' 0
+ $ .50 State Surcharge
Alterations and Repairs - Minimum Fee
�. . m�:��:�:�:�::<::>::f:��;»:: .�a��>�::::::b�<>:>:�o� ute:�.::>�::t:>:;<;�:>::>2:'�:�>::>:::o:f::;:<:: •:h >:::;,:•:.-�...... ....;�»>;: - :us::;.;�:b .
Where the gas piping is divided between two contractors such as
the Heating Contractor installing the gas line to the furnace
and the Plumbing Contractor doing the balance of the gas piping,
each contractor shall take out a permit .
IIouoinq Codc Certificate of Occupancy Fcc3
(Authorised by Ordinance No. 2G1)
CLAES 1 : 1 3 units rental
Duc every five years
Initial ixspcctiox 40 . 00
13t Rcin3pcctie 00 . 00
Desch additio al inspection _thereafter 340 . 04
Deduct $10 . 00 for each Section 8 unit .
CLASS 2 : 4 + unito rental
Duc every three years
Initial each building 50 . 00 i
5 . 0.8 per unit over three
13t Reinspection 00 . 00
Each additional inopcction thereafter 50 . 00
Waive $5 . 00 unit charge for every Section 8 unit,
and deduct $10 . 00 from initial fcc per building if
it contains any Section 8 unit3 . If entire building
i3 Section 8, then fcc is $10 . 00 maximum.
CLASS 3 : Commercial plu3 rcoidcntial rental
Duc every three years
Initial each building 50 . 00
5 . 00 per unit
13t Reinspection 00 . 00
Each additional inspection thereafter 40 . 00
Waive $5 . 0-0 unit charge for every Section 8 unit,
and decuct $16.8-0 from initial fcc per building if
it contains any Section 8 unit3 .
owner for a fcc of $-10 . 09 . An owner may apply for a new
certificate at any time fog the full amount of the appropriate
fcc liotcd above .
Appeal Fees
Appeal to Building Code Board of Adjustment and Appeals$85 . 000.0b40
Appeal to Housing Advisory and Appeals Board $85 . 009
Appeal to City Council $85 . 00$90. 00
Standard Service Availability Charge (SAC) Units for Various
Commercial, Public, and Institutional Facilities will be applied as
Mandated by MWCC. (These fees forwarded to MWCC)
Residential SAC Charge (Mandated by MWCC) (These fees forwarded to
MWCC)
8 0 0:$;$ £/un i t
Residential $ ..:......_..
Water Availability Charge (WAC) (These fees forwarded to SPUC)
Fees are set by SPUC by resolution.
ADMINISTRATION/FINANCE - hereby set as follows:
Office Charges hereby set as follows : - -
1 1 . Assessment Searches - $10 . 00 $11.00
2 . Partial Release of Developers Agreement $10 . 00M$IWAt
3 . Copy fee
General Public . 20
Other governmental/non-profit public service . 07
Sewer Service Charges (Authorized by City Code 3 . 02)
1 . ''Quartcrly I service charge 12 . 00 VOV:Ot
2 . For every 1, 000 gallons or part thereof of metered
flow or water usage 1 . 12 '< x'
..................
..................
3 . Charge for unmetered residential water accounts
• or new accounts 11 . 10 0./month
POLICE/FIRE
Report Copies hereby set as follows :
1 . Up to 10 pages 10 . 00
2 . 11 and over pages 1 . 00aO# /ea.
3 . Taped Statements (audio) 10 . 000
..................
4 . Taped Statements (video) 30 . 00- ' €3£
5 . State Accident Reports 5.00
6 . Drivers License Printout 4-T-4-GEWOO
7 . Computer Researched Reports 30 . 00 gpNippEit hour
(does not include duplication costs) 15 . 00Mott for every
Tiour thereafter
8 . Police Reports from City Attorney 10 . 00
PgairMintii!IIiteMENEer.hand
Towing and Impounding of Vehicles hereby set as follows :
Towing and impounding is done by a private contractor having
appropriate impounding facilities . Fees are set by contractor.
Dog Licenses, Impounding Fees, etc. (Authorized by City Code 10 . 21)
1 : Dog Licenses (good for the life of the dog) 5 . 00 i0s04
2 . Duplicate license 1 . 00 2.00
...............
...............
...............
...............
3 . First impoundment 10 . 00 2:61b0
..................
...................
..................
...................
4 . Second impoundment 25 . 00 '0> 0£
5 . Third and successive impoundment within a 12-month
period 50 . 00 100 40
6 . Amount charged per day when confined to the Pound 5 . 00 103 0;p
7: In the case of an unlicensed dog or a dog for whom proof
` , of a current rabies vaccination cannot be shown, there
V1 shall be an additional penalty of $5 . 00 $10. 00...... Wwner. : s
espo sible<::t furnish aroof of license fid:/r r rab .es uacclnat on)
8 . Large animal impoundment 25 . 04 69W06
..................
...................
9 . Large animal board per day 10 . 00 #
Large animals are defined as animals other
than household pets ie; horses, cows, sheep.
PUBLIC WORKS
Equipment Rental hereby set as follows :
(Minimum Rental Time 1 Hour. All drivable
equipment rates include operator)
Caterpiller Grader (private) 88 . 0-0 € /hour
(State snow removal) 75 . 124 /hour
Front end loader (Fiat-Allis) private 90 . 0014:>0 /hour
(State snow removal 2-1/2 yd. w/blower) 75.127x_ 0/hour
Front end loader (Case) private 90 . 00f/hour
(State snow removal 2-1/2 yd. w/o
blower) 44-r44#§60/hour
Elgin street sweeper 82 . 0088 10/hour
Elgin sweeper (State contract-twice/yr) -8 .30€101/hour
Roscue Side Broom 44-r4-441##/hour
2-1/2 ton dump truck (single) 55 . 0032.0 /hour
2-1/2 ton dump truck w/plow 71 . 000 `b/hour
5 ton dump truck (tandem) 71 . 002 0 #/hour
3/4 ton pickups (w/plow add 10 . 00) 41 . 044€ x 0/hour
5 ton tandem truck 2 w/plow 77 . 00900/hour
Water tanker/flusher 19 . 00$1:::_;:0:€#/hour
Trash compactor 38 . 00353/hour
Mower tractor (turf type) Contract Rates
Weed Mowing (rough) Contract Rates
Asphalt roller (1-1/2 ton) 22 . 0013:::`:0:x#/hour
Pull paver 28 . 000 /hour
Steamer (w/tender) 71 . 0074:>_QQ/hour
Bobcat 55 . 00310o/hour
,/ Raygo alley- grader 39 . 0440 5Q/hour
'`� •
11 . 00-W00/hour
Wood Chipper ..................
Post hole digger (tractor mounted) 14. 00-40M/hour
(w/o tractor) 22 . 00 €=301#/hour
Power auger (hand held) 17 . 001;$::::;00/hour
Sign replacement/installation 100 . 000'5 00/sign
(w/o post less $10 . 00)
Street sign installation in new subdivisions
(per each sign pole) 250 . 00 260<�< 0
......................
......................
......................
Sewer rodder
50 . 002W0./hour 5;
Video sewers (w/cassette add $20 . 00/each) 100 . 0010 _ /hour
Sewer jet cleaning 100. 000 ` 0/hour
Vacuum Inductor 75 . 00r0Q/hour
Barricades w/flashers 10 . 00/barricade/day
Barricades w/o flashers 7. 50;800 /barricade/day
Cones 2 . 00/cone/day
Butuminous Street Repair - 2 . 50/sq.
ft .
Asphalt or Cold Mix $300/ton
Refuse/Recycling Collection Rates (Authorized by City Code 3 . 02)
1 . Urban Residence
30 gallon 12 . 80
. 60 gallon 13 . 66
Extra Service Coupon 2 . 50
Extra 60 gallon container 13 . 66
2 . Rural Residence
30 gallon 15 . 78
60 gallon 18 . 47
90 gallon 20 . 08
Extra Service Coupon 2 . 50
* All rates include City billing, admin. and sales tax.
3 . Refuse/Recycling Collection License 100 . 00 1:05'::x:>00 yr
.................. .....
..........................
.........................
PLANNING - hereby set as follows:
I . INFORMATION/DOCUMENT FEES
ALong Range Planning Documents
IW4Comp.rehensive Plan
2 50.00
1994 -1999 Capital Improvement Program 20.00
14. City Codes
Chaptcr Sign Rcgulation3 3 . 00
WEChapter 11 Zoning Ordinance 20 . 00 25 00
12VMCW560M$IERMWSWR8§iit4t1640MMMOMMMMOMMPOEMMMi6165.
ammChapter 12 Subdivision Regulations 10 . 00 15
Chaptcrs 1 25 Entirc City Codc 50 . 00
PggAgenda/Minutes (Annual)
NomAggcity Council Agenda 15 . 00
RNMPlanning Commission Agenda 15 . 00
gICity Council Minutes 35 . 00
*g§Planning Commission Minutes 35 . 00
6VIMalos
NINCity Map (small) 1 . 00
agICity Map (large) 3 . 00
3, Zoning (22"x34") 3 . 00
iNgAny Printed Maps (blueprint) 50/sq. ft .
Topography Maps 30 . 00
Rcproduciblc Map3 10 . 00/ca
Auto Cad rottcd -Map3 10 . 00/ca
WO:Services
taZoning Verification Letter 20 . 0G 25 00
II . COMPREHENSIVE PLAN AMENDMENT V$ZS
A. Major Amendment $1, 000 . 00
taMinor Amendment 500 . 00
III . LAND DIVISION ADMINISTRATION FEES
A. Major Subdivisions
WPreliminary Plat
$330 + $6/lot
or $200 + $4/acre,
whichever is greater
RPreliminary & Final Plat Concurrently Preliminary fee
plus final fee
W=Final Plat 150 . 00
b;$RMinor Subdivisions
lLot Split/Lot Reassembly 100 . 00
2.. : Registered Land Surveys 100 . 00.
ONVacations
\(\ • V4Rvacations of Public Easements
. .
n-4Vacations of Rights-of-Way 10000
.
100 . 00 200 00
PX1,..:::::„ HF. .F. FRF5MWW5NgEMR4S40,:::,uMRROM54(g40
..u.Park Dedication Fees
Refer to Section 12 . 07, Subd. 5 of the Shakopee City Code
ORNWetlands
JMI Certificate of Exemption review process. 75 . 00
IV. LAND USE ADMINISTRATION PEES
A. Application for Appeal of City Administration Decision
gm,Appeal to Board of Adjustment and Appeals 100 . 00
g.gAppeal to City Council 100 . 00
.0MApplication for Variances
Single Family Residential 85 . 00
ZPiall others 150 . 00
'VmAppeal to City Council 85 . 00
ONApplication for Conditional Use Permit
anliome Occupations 100 . 00
2. Home Occupation Renewals and Amendments 100 . 00
3 Uk11 Other Conditional Use Permits 200 . 00
4 All Other Renewals and Amendments 200 . 00
IWAppeal to City Council 100 . 00
ifi4MMineral Extraction & Land Rehabilitation Permit 200 . 00
+ $2, 500 cash deposit *
+ all administrative costs **
+ all consultant fees ***
MApplication for Planned Unit Development
Preliminary Development Plan $400
$20/acre
Final Development Plan $30 . 00
Preliminary and Final
tWigZdta4dilTiaVDevelopment Plan Concurrently 700 . 00
+35 . 00/acre
ataAmendment to Final P1046altaeNDevelopment Plan200 . 00It000
+ $1, 000 cash deposit *
+ all administrative costs **
+ all consultant fees ***
C Application for Environmental Review
X% :Discretionary Environmental Assessment Worksheet No fee
Required Environmental Assessment Worksheet 1, 000 . 00
3 Required Environmental Impact Statement 4 , 000 . 00
•
` sZoninq Ordinance Amendments
niplap Amendments
Less than 2 . 5 acres 250 . 00
Greater than 2 .5 acres 500 . 00
' Additional Notices - Applies to all types of applications
Rezoning Applications :
Per Published Notice, in excess one published
notices for each of two hearings 25 . 00
Per Mailed Notice, in excess of 100 notices
for each of two hearings 1 . 50
All Other Applications
Per Published Notice, in excess one published
notice for one hearing 25 . 00
Per Mailed Notice, in excess of 100 notices
for one hearing 1 . 50
NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE
* Cash Deposits - Actions requiring cash deposits must be paid at the
time of the application submittal . Cash deposits are held by the
City to ensure adequate payment. A bill for the appropriate costs
will be sent to the applicant and if not paid will be obtained from
the cash deposit . The City Administrator has the right to amend
the cash deposit requirements. Deposits will be place in escrow.
** Administrative Costs - Actions requiring payment for administrative
costs may be billed to the applicant . Administrative costs may
include but are not limited to the following: staff time,
publishing costs, copying, printing and mailing.
Department Fees
aPufibuipoweatiwailmmEgLaawNaEggag6iagimsgoomp
.
G±-tys4ndit Planner 45 . 00 Hour
Assistant City Planner 35 . 00/Hour •
Clerk/Typist IIP1 'h ggp taxyg 25 . 00/Hour
; '
;: oma. .
.....:....:.
p �hnxn :>::�'eGhnx�xan:::>:;::>:>::>:>;>;::>:»:::::>:><:««<::«<:>:>:»:::>:»:::>:::>:::>:<::>:<:>::>:::>::»:>:::>:::::»<:>::>..... .. :.............................
*** Consultant Fees - Consultants may be required by the City to review
development proposals including but not limited to traffic and
water management issues . Consultant fees will be based upon a
prior written proposal and agreement . Fees will be placed in
escrow.
ENGINEERING - hereby set as follows:
Engineering Fees
Department fees for Public Improvement Projects
A. Private Developments
A lump sum of 7 1/2% of the estimated construction costs for
the project using the following breakdown:
Administrative fee - 1%
Plan Review fee - 2%
Inspection fee - 4 1/2%
Total - 7 1/2%
Any direct costs incurred, such as material testing, are not
included and will be billed back directly to the developer.
SPUC inspection services are not included in this fee.
B. City Projects
The actual hourly rates of the employees will be used plus a
multiplier of 2 . 9 for benefits, overhead, etc.
A 1% project administration fee will be charged to all
projects.
Other costs incurred will be added in using the actual costs
(i .e. consultants fees, testing laboratories, etc. )
C. Miscellaneous Engineering Work
same as the City projects .
Permit Review
1 . Commercial 30 . 00
2 . Residential 15 . 00
3 . Recheck at 1/2 the original fee
Plan, Plat and Report Review
1 . Review 30 . 00
2 . Plus hourly rate
3 . Recheck at hourly rate
Storm Water Drainage Utility
City-wide Fee:::apccial bcncfit fcc 10 . 32/$118 per
(Paymcnt duc within 39 days a pcnalty quartcr/
of 5% per girtcr addcd to past duc amount) REF*-acre
*Residential equivalent factor
Adm x .strat.xv >:>Fe for 7el: .nquent .ccounts Cert fwat on 0 ?0
Flood Plain Verification 10 . 00
Reproducable Maps - See page 22
Permit to Work in Public Right-of-Way fees set as follows :
Permit to work in public right-of-way - first inspection 25 . 00
other multiple inspections - hourly rates
When work in public right-of-way requires the submittal of plans
and specifications, review of the plans shall be charged in
accordance with the hourly fees approved for the Engineering Dept .
Lot Corner Field Search (with metal detector only) 25 . 00
(non-refundable,
no guarantees)
This is not a legal survey or any verification that lot corners found
are in the correct location, but simply an attempt to locate any
existing lot corners that are in the ground.
PARKS AND RECREATION - hereby set as follows:
Municipal Swimming Pool Fees
Gate Fees : (includes pool and waterslide for the day)
Adults and Children $3 . 00
Seniors 65 or over & children under 2 years FREE
Season Tickets/Slide Pass
Family - Resident $50 . 00
Individual - Resident $33 . 00
Family - Non-Resident $60 . 00
Individual - Non-Resident $43 . 00
Instruction
Resident $15 . 04g6000
Non Resident $25. 00 #
Grant fees for low or reduced income Shakopee Resident Families
FamilyPool Pass '._`::::_.
Swimminglessons .1
Seasonal Activity Fees :
Youth $13 . 00
Adults (includes participants employed full time $20 . 00 s0Q
by a Shakopee Business) Other Activities assessed
on a proportional basis.
Additional Non Resident Activity Fee : Youth $10 . 00 :::, .
Adult $10 . 00
Picnic Shelter Rental
Shakopee Youth/School groups (weekdays only) No charge
Shakopee Residents and Non-Profit Groups $ 25 . 00
Shakopee Corporate/Business $ 45 . 00
Non Resident Group or Corporate/Business $ 55 . 00
Picnic Kit Rental Schedule
Volleyball Set (net & ball only) per day or weekend $ 5 . 00
Horseshoe per day or weekend $ 4 . 00
Ballfield Rental
One Day/per field $20 . 00
Two Day/per field $30 . 00
Three Day/per field $40 . 00
Lights per field/per night $25 . 00
(Groups requiring lights must hire an attendant at the rate of $10/per
hour to operate the lights . ).
Tahpah Park Concession Stand Rental
Per Day (Plus refundable Damage Deposit $50) $50 . 00
Community Building
(Youth Building, City Hall Community Room)
Community Youth Groups No Charge
Scouts, 4-H, Youth Athletic Associations
Schools, City and County
Senior Citizen Groups No Charge
Community Organizations, and
Individuals/per day $75 . 00
Plus Refundable Damage Deposit $50 . 00
Local Businesses/per day (Weekends only - Training Purposes) .$l00 . 00
Plus Refundable Damage Deposit $ 50 . 00
Out of Town Groups (Limited to Non-profit Youth Groups . . $75 . 00
Plus Refundable Damage Deposit $ 50 . 00
Note : Fees waived for groups utilizing City Hall Community Room,
during normal City Hall business hours, for .less . thantwo
hours- T t i1d1n udid< ?r th. n s her .V yid dIN _ ..MINNOW
PARK & RECREATION PROGRAMS
Youth: Adult:
3/4 Cheerleading $15 . 00 Dog Obedience $35 . 00
5/6 Cheerleading 19 . 00 Puppy Obedience 25 . 00
5/6 Volleyball 20 . 00 Open Gym 25 . 00
Golf Lessons 25 . 00 Adult Golf 30 . 00
Tennis Lessons 18 . 00 Adult Tennis 25 . 00
Playground Events 1 . 00 Fall Softball
(or free) (per/team) 250 . 00
Day Camp 35 . 00
T-Ball 20 . 00 Hourly Rate Activities:
Near Ball 20 . 00 Adult Exercise $ 2 . 00
KIDS 20 . 00
Archery 21 . 00 Adult Seasonal Team Sports:
Hershey Track 2 . 00 Team Activity Fee
Jr. Team Tennis 27. 00 /per player $20 . 00 ,...:
Special Events 2 . 00 - 5 . 00 `:*`^`'
/per Teamkxr
:<.;::<:»: ;::
Men's Basketball ic0 . 00 �11
Hourly Rate Activities: ....,;ry.:..-.:..-..:..
Men' s Volleyball ZG0 . 00 r
Gymnastics $ 4 . 50 Women' s Volleybal11G0 . 00 ' `, na
Adult Broomball $2 0.00
Trips: Adult Softball ""jM
Variable Fee Based on: Church Softball
Admission Cost +
Transportation Baseball
+ Supervisory divided by 30 . (Using Tahpah Park field)
Town Team $300 . 00
Youth Activity Fee: $ 13 . 00 Legion 300 . 00
3/4 Flag Football Over 35 League 300 . 00
5/6 Tackle Football
3/4 Basketball (Boys/Girls) Shakopee Showcase:
5/6 Basketball (Boys/Girls) Commercial Exhibits $20 . 00 OWVO
7-9 Basketball (Boys/Girls)
Jr. High Ski Club
3/4 Baseball & Softball .
5/6 Baseball & Softball
Jr. Baseball & Softball
Mickey Mantel Baseball
Jr. Fastpitch Softball
1-6 Wrestling
ia`-\ -
OTHER - hereby set as follows :
1 . Application fee for variance from or amendment to
the cable franchise ordinance 25 . 00
PLUS
Costs of consultants hired to assist the City in
considering variance applications will be billed
to applicant based on actual cost to the City.
Notification will be sent to applicant that
consultants will be utilized when that determina-
tion has been made .
a
CONSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: 1995 Proposed Fee Schedule (Park & Recreation)
DATE: December 20, 1994
Last evening the Shakopee Park and Recreation Advisory Board met
to finalize the proposed fee schedule for park and recreation
activities . The Park and Recreation Advisory Board recommended
approval of the fees as outlined in agenda item #14 c. with one
exception. The Park and Recreation Advisory Board is
recommending to City Council that the non-resident fee for youth
activities be decreased from $10 . 00 to $3 . 00 . The Park and
Recreation Advisory Board believes that the $3 . 00 fee is
consistent with what is being applied to the Townships .
I should also note that while the fee schedule indicates that the
Legion Baseball Team will not be charged a fee, the fact is that
the youth participating in legion baseball will be charged the
$13 . 00 youth activity fee consistent with what is being applied
to other youth programs.
A survey of town baseball teams in our immediate vicinity
revealed that town teams are not being charged a fee. In lieu of
a fee, the Park Board is suggesting that the town team and over
35 league be required to enter into a memorandum of understanding
for the provision of ongoing maintenance of the baseball field
and the submission of an annual report and operating statement .
CONSENT ok. ,
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Resolution No. 4144 - 1995 Pay Plan
DATE: December 19, 1994
I would like to propose one simple modification to the memorandum
and accompanying Resolution No. 4144 as it relates to the 1995
Pay Schedule for the officers and non-union employees of the City
of Shakopee . Item #1 in the Pay Plan notes should read as
follows :
City contribution for health, live and disability insurance shall
be increased by $20 . 00 per month resulting in an increase from
$306 . 66 per month to $326 . 66 per month. Employees selecting
coverage other than family coverage will continue to receive
reimbursements . They shall also receive the additional $20 . 00
per month increase to be applied to their health, life and
disability costs or as cash on a quartcrly mpri#4y basis in
... .................
conjunction with payroll .
NCI
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: 1995 Pay Schedule for the Officers and Non-Union
Employees of the City of Shakopee -
Resolution No. 4144
DATE: December 14, 1994
INTRODUCTION:
Staff is currently in the process of negotiating several
union contracts for 1994 . Staff would like to propose that
several compensation issues be taken care of relative to the
officers and non-union employees of the City of Shakopee. Action
at this time will reduce the amount of work load placed on the
Finance Department in terms of processing back pay.
BACKGROUND:
Last year the Shakopee City Council split the approval of
the officers and non-union pay plan into two separate issues .
The first issue dealt with non-controversial issues such as the
pay schedule for the elected officials, fire department personnel
and temporary employees. The City' s health and life insurance
contribution was also considered to be non-controversial . The
second set of issues discussed by City Council related to the
adoption of the actual pay schedule for all other non-union
employees. In preparing the 1995 budget, staff did not include
any increase in wages for the elected officials and fire
department personnel . The proposed 1995 budget did include an
increase in the City' s contribution for health, life and
disability insurance in the amount of $20 . 00 per month. The City
has been informed by our health insurance provider that the
health insurance premium rates will increase by $50 . 81 per month
for those persons selecting family coverage. This being the
case, staff believes that an increase in the City' s contribution
by $20 . 00 per month would not be unreasonable.
Following is a summary of the issues included in Resolution
No. 4144 as attached.
1 . A $20 . 00 increase in the health, life and disability
insurance contribution. In the past, the other bargaining
units within the City have had language within their labor
agreements that specifies that they will receive the same
amount of increase as the non-union employees . This is
consistent with our past practice of equalizing benefits
between all City employee bargaining units.
2 . A 3% increase in seasonal employee salaries . This is
consistent with the lone labor agreement (Public Works) that
has been settled for 1995 .
3 . Adoption of the elected officials and fire department
salaries (No change from 1994) .
4 . The provision of a $450 . 00 per year uniform allowance for
the Police Chief and Deputy Police Chief (No change from
1994) .
5 . Provision of a uniform allowance for the Public Works
Foreman consistent with what is provided to Public Works
employees . (No change from 1994)
6 . When the wage schedule is developed and presented to City
Council for the other non-union positions, it will be
necessary to amend the resolution proposed herein providing
for the yet to be determine wage schedules .
ALTERNATIVES :
1 . Offer Resolution No. 4144, A Resolution Adopting the 1995
Pay Schedule for the Officers and Non-Union Employees of the
City of Shakopee, and moved its adoption.
2 . Do not approve Resolution No. 4144 .
3 . Table action on approval of the resolution until such time
that the wage schedules for the other non-union employees is
completed.
STAFF RECOMMENDATION:
Staff recommends Alternative #1 .
ACTION REQUESTED:
Offer Resolution No. 4144, A Resolution Adopting the 1995
Pay Schedule for the Officers and Non-Union Employees of the City
of Shakopee, and move its adoption.
BAS/tiv
RESOLUTION NO. 4144
A RESOLUTION ADOPTING THE 1995 PAY SCHEDULE FOR
THE OFFICERS AND NON-UNION EMPLOYEES OF THE
CITY OF SHAKOPEE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the City Administrator is hereby authorized to
issue warrants upon the City Treasury from and after January 1,
1995, payable to the duly elected officials and appointed non-union
employees of the City of Shakopee, in accordance with the attached
1995 Pay Schedule, with an effective date of January 1, 1995 .
BE IT FURTHER RESOLVED, that the City contribution for health,
life, long term disability and/or individual health care accounts
as may be provided by Council, shall be no more than $326 . 66 per
month per employee effective January 1, 1995 .
BE IT FURTHER RESOLVED, that all Resolution in conflict with
this Resolution are hereby repealed and terminated effective
January 1, 1995 .
Adopted in Adjourned Regular Session of the City of Shakopee,
Minnesota, held this day of , 1994 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to .form.
City Attorney
1995 PAY SCHEDULE
JANUARY 1, 1995
POSITIONS
ELECTED OFFICIALS SALARY AUTHORIZED
Mayor $6, 120 . 12/year 1
Councilpersons $5, 100 . 12/year 4
NON-UNION EMPLOYEES
Fire Chief $3 , 000 . 00/year 1
Ass' t Fire Chief (1st) $1, 500 . 00/year 1
Ass' t Fire Chief (2nd) $1, 300 . 00/year 1
Fire Department Engineer $2, 400 . 00/year 11
2nd Engineer $2, 000 . 00/year
3rd Engineer $1, 000 . 00/year 1
4th Engineer $1, 000 . 00/year 1
1st Captain $2, 000 . 00/year 1
P $ 740 . 00/year 1
2nd Captain
3rd Captain $ 740 . 00/year 1
4th Captain $ 740 . 00/year 1
Firemen $ 7 . 50/hour 41
Misc. Temporary Employees from $ 4 . 18/hour N/A
to $ 13 . 94/hour
1995 PAY PLAN NOTES
1 . City contribution for health, life and disability insurance
shall be increased by $20 . 00 per month resulting in an
increase from $306 . 66 per month to $326 . 66 per month.
Employees selecting coverage other than family coverage will
continue to receive reimbursements. They shall also receive
additional $20 . 00 per month increase to be applied to their
health, life and disability costs or as cash on a quarterly
basis in conjunction with payroll .
2 . Temporary/Seasonal employee salaries are to be increased 30
for 1995 .
3 . There will be no change in the Elected Officials or Fire
Departments salaries for 1995 .
4 . The Police Chief and Deputy Police Chief shall receive a
uniform allowance of $450 . 00 per year.
5 . The Public Works Foreman shall receive the same uniform
allowance provisions as the Public Works Employees .
CUiJSNTh( t)
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Apportionment of Special Assessments for
The Meadows West 1st Addition
DATE: December 14, 1994
INTRODUCTION AND BACKGROUND:
The attached Resolution No. 4145 apportions existing special
assessments for the VIP Sewer Extension against new parcels being
platted into The Meadows West 1st Addition.
As of this writing, the plat of The Meadows West 1st Addition
has not been recorded with the County Recorder and parcel numbers
have not been assigned. It is expected that the plat will be
recorded before December 31st, at which time the original parcel
number will disappear and be replaced with parcel numbers for the
new lots. It is desirable, therefore, to have the apportionment in
place for the County as of the 1st of the year. I have been in
touch with Mr. Lannon in the County Auditor's office and he has
agreed to accept the resolution without the parcel numbers, if
necessary.
The developer has agreed to the apportionment as contained in
Resolution No. 4145 by accepting the apportionment as part of his
developers agreement.
ALTERNATIVES:
1] Adopt apportionment
2] Do not adopt apportionment
3] Table apportionment for additional information.
RECOMMENDATION:
Alternative No. 1.
RECOMMENDED ACTION:
Offer Resolution No. 4145, A Resolution Apportioning
Assessments Among New Parcels Created As A Result Of The Platting
Of The Meadows West 1st Addition, and move its adoption.
RESOLUTION NO. 4145
A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW
PARCELS CREATED AS A RESULT OF THE PLATTING OF
THE MEADOWS WEST 1ST ADDITION
WHEREAS, on September 20, 1988, Resolution No. 2946 adopted by
the City Council levied assessments against properties benefitted
by construction of the Valley Industrial Park Sewer Extension from
the West side of County Road 17 to the East side of County Road 79,
Project No. 1987-13 ; and
WHEREAS, a tract of land benefitted by the said improvements,
known as parcel number 27-012045-0, has been subdivided into the
plat of The Meadows West 1st Addition; and
WHEREAS, it is the desire of the City Council to apportion the
installments remaining unpaid against said parcels created because
of the platting of The Meadows West 1st Addition; and
WHEREAS, the property owner has agreed to the apportionment
through the execution of a developers agreement for The Meadows
West 1st Addition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that the 1994 payable remaining balance of
assessments to parcel 27-012045-0 is $16, 568. 06 for the 1987-13
Valley Industrial Park Sanitary Sewer Extension and is hereby
apportioned as outlined in Exhibit "A" attached hereto and made a
part hereof.
BE IT FURTHER RESOLVED, that all other parts of Resolution No.
2946 shall continue in effect.
Adopted in adjourned regular session of the City Council of
the City of Shakopee, Minnesota, held this 20th day of December,
1994 .
, Mayor
, City Clerk
Approved as to form , City Attorney
EXHIBIT A -
Assessment Reapportionment
Meadows West 1st Addn.
November 8, 1994
P.I.D. NO. OWNER LEGAL 1987-13
DESCRIPTION ASSESSMENT
GOLD NUGGET DEV. LOT 1 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 2 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 3 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 4 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 5 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 6 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 7 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 8 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 9 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 10 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 11 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 12 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 13 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 14 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 15 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
EXHIBIT A
Assessment Reapportionment
Meadows West 1st Addn.
November 8, 1994
P.I.D. NO. OWNER LEGAL 1987-13
DESCRIPTION ASSESSMENT
GOLD NUGGET DEV. LOT 10 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 11 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN. 55445 1ST ADDITION
GOLD NUGGET DEV. LOT 12 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN. 55445 1ST ADDITION
GOLD NUGGET DEV. LOT 13 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 14 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 15 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 16 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 17 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 18 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 19 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 20 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 21 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 22 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 1 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 2 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
EXHIBIT A
Assessment Reapportionment
Meadows West 1st Addn.
November 8, 1994
P.I.D. NO. OWNER LEGAL 1987-13
DESCRIPTION ASSESSMENT
GOLD NUGGET DEV. LOT 3 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 4 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN. 55445 1ST ADDITION
GOLD NUGGET DEV. LOT 5 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 6 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 7 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 8 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 9 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 10 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 11 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 12 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 13 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 14 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 15 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 16 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN. 55445 1ST ADDITION
GOLD NUGGET DEV. LOT 17 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
EXHIBIT A
Assessment Reapportionment
Meadows West 1st Addn.
November 8, 1994
P.I.D.NO. OWNER LEGAL 1987-13
DESCRIPTION ASSESSMENT
GOLD NUGGET DEV. LOT 16 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 17 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 18 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 19 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 20 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 21 BLOCK 1 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 1 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 2 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 3 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 4 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 5 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 6 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 7 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 8 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 9 BLOCK 2 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
EXHIBIT A
Assessment Reapportionment
Meadows West 1st Addn.
November 8, 1994
P.I.D. NO. OWNER LEGAL 1987-13
DESCRIPTION ASSESSMENT
GOLD NUGGET DEV. LOT 18 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 19 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 20 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 21 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 22 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 23 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 24 BLOCK 3 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 1 BLOCK 4 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 2 BLOCK 4 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 3 BLOCK 4 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. LOT 4 BLOCK 4 $96.77
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. OUTLOT A $2,342.53
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. OUTLOT B $3,948.49
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
GOLD NUGGET DEV. OUTLOT C $3,406.37
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK,MN.55445 1ST ADDITION
TOTAL= $16,568.06
CONSENT
l 4/1,
MEMO TO: Dennis R. Kraft, City Administrator
FROM: John H. DeLacey, Engineering Tech. III
SUBJECT: 12th Avenue Sewer & Watermain, Project No. 1992-4
DATE: December 15, 1994
INTRODUCTION:
Council action is required for a resolution accepting work and making final payment on the 12th
Avenue Sewer & Watermain located between County Road 83 and Valley Park Drive, Project
No. 1992-4.
BACKGROUND:
All of the work for this project has been completed in accordance with the contract documents.
ACTION REQUESTED:
Offer Resolution No. 4146, A Resolution Accepting Work on 12th Avenue Sewer and Watermain
Improvements, Located Between County Road 83 and Valley Park Drive, Project No. 1992-4 and
move its adoption.
JHD/pmp
MEM4146
RESOLUTION NO. 4146
A Resolution Accepting Work On The
12th Avenue Sewer And Watermain Improvements
Located Between County Road 83 And Valley Park Drive
Project No. 1992-4
WHEREAS, pursuant to a written contract signed with the City of Shakopee on
September 8, 1992, Progressive Contractors, Inc., 8736 Zachary Lane, Osseo, MN 55369 has
satisfactorily completed the installation of sanitary sewer and watermain on 12th Avenue located
between County Road 83 and Valley Park Drive, in accordance with such contract.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted
and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to
issue a proper order for the final payment on such contract in the amount of$5,000.10, taking
the contractor's receipt in full.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 1994.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CERTIFICATE OF COMPLETION
CONTRACT NO, : 1992-4 DATE: December 15 , 1994
PROJECT DESCRIPTION : 12th Avenue Sewer & Watermain
CONTRACTOR: Progressive Contractors , Inc .
8736 Zachary Lane
Osseo , MN 55369
ORIGINAL CONTRACT AMOUNT $ 970 , 774 . 00
QUANTITY CHANGE AMOUNT ($ 25 , 604 . 64 )
CHANGE ORDER NO, 1 THRU NO, 2 AMOUNT . , ($ 183 , 437 . 25 )
FINAL CONTRACT AMOUNT $ 761 , 732 . 11
LESS PREVIOUS PAYMENTS $ 756 , 732 . 01
FINAL PAYMENT $ 5 , 000 . 10
I, hereby certify that the above described work was inspected
under my direct supervision and that, to the best of my belief and
knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications
approved by City Council . I, therefore, recommend above specified
final payment be made to the above named Contractor.
TS)ASOI-
Professional Engineer
/5a
CONSENT
Memo To: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planne
Meeting Date: December 20, 1994
Preparation Date: December 19, 1994
Re: Amendment to the Preliminary Plat for The Meadows West and
Final Plat for The Meadows West 1st Addition
Introduction:
Gold Nugget Development, Inc. is requesting an amendment to Resolution 4086, A Resolution
Approving the Preliminary Plat for The Meadows West, and the Final Plat for the Meadows West 1st
Addition. This resolution was approved at the October 4, 1994, meeting of the City Council.
Discussion:
Due to the phasing of the development, Condition No. 1.E cannot be complied with at this time. The
portions of Condition No. 1.E, as originally written, are provided below. Below each portion of this
condition is the reason for the amendment request:
"1.E. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive
in the dedication statement for the Final Plat."
Since the applicant will not be dedicating the right-of-way for Vierling Drive with this
first phase, the dedication rights to Vierling Drive cannot be dedicated until the road
is dedicated. It would be appropriate for this portion of the condition to be amended
to allow the access rights to Vierling Drive to be dedicated with the appropriate phase
of the development.
"Access rights to the adjacent county roads shall be limited by dedicating to the County the
access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These
access limitations shall also be shown on the Final Plat drawings."
The access rights for the County Roads has been provided in the dedication statement.
However,the dedication of the access rights is only shown on the Final Plat drawings
for CR 79. They are not provided for CR 77. Since the applicant will not be platting
the site adjacent to CR 77 until a later phase, it would be appropriate that this portion
of the condition be amended to allow the access rights to CR 77 to be dedicated with
the appropriate phase of the development.
1
Therefore, staff recommends that Condition No. 1.E be amended to read as follows:
1.E. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive
in the dedication statement for the Final Plat for that phase of the development which
includes Vierling Drive. Access rights to the adjacent county roads shall be limited by
dedicating to the County the access rights to both CR 77 and CR 79 in the dedication
statement for the Final Plat for that phase of the development adjacent to these county
roads. These access limitations shall also be shown on the Final Plat drawings for these
phases of the development.
Alternatives:
1. Approve the Amendment to Condition No. 1.E of Resolution No. 4086, A Resolution
Approving the Preliminary Plat for The Meadows West, and the Final Plat for The Meadows
West 1st Addition.
2. Do not approve the Amendment to Condition No. 1.E of Resolution No. 4086, the
Preliminary Plat for The Meadows West, or the Final Plat for The Meadows 1st Addition,
stating the reasons for denial.
3. Table the decision and request additional information from the applicant and/or staff.
Staff Recommendation:
Staff recommends the approval of the amendment to Condition No. 1.E of Resolution No. 4086, A
Resolution Approving the Preliminary Plat for The Meadows West, and the Final Plat for The
Meadows West 1st Addition (Alternative No. 1).
Action Requested:
Offer Resolution No. 4147, A Resolution Approving an Amendment to Resolution No. 4086, A
Resolution Approving the Preliminary Plat for The Meadows West, and the Final Plat for The
Meadows West 1st Addition, and move its adoption.
1CITYCOUN\AMEN DPFP.122)
2
RESOLUTION NO. 4147,
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING AN AMENDMENT TO RESOLUTION NO. 4086,
A RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR THE MEADOWS WEST,
AND THE FINAL PLAT FOR THE MEADOWS WEST 1ST ADDITION.
WHEREAS,the City Council of the City of Shakopee did approve the Preliminary Plat for
the Meadows West, and the Final Plat for The Meadows West 1st Addition on October 4, 1994; and
WHEREAS,the City Council of the City of Shakopee did approve Amendment No. 1 to the
Preliminary Plat for the Meadows West, and the Final Plat for The Meadows West 1st Addition on
December 20, 1994, which amended condition No. 1.E to read as follows:
1.E. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive
in the dedication statement for the Final Plat for that phase of the development which
includes Vierling Drive. Access rights to the adjacent county roads shall be limited by
dedicating to the County the access rights to both CR 77 and CR 79 in the dedication
statement for the Final Plat for that phase of the development adjacent to these county
roads. These access limitations shall also be shown on the Final Plat drawings for these
phases of the development; and
WHEREAS,all notices of the public hearing have been duly sent and posted and all persons
appearing at the hearing have been given an opportunity to be heard thereon.
NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, as follows:
That Amendment No. 1 to the Preliminary Plat for The Meadows West, and the Final Plat for
The Meadows West 1st Addition, described on Attachment 1, attached hereto and incorporated
herein, is hereby approved, subject to the following conditions:
1. The following procedural actions must be completed prior to the recording of the Final
Plat for the first phase of the development:
A. Approval of title opinion by the City Attorney.
B. Execution of a Developer's Agreement for construction of required public
improvements:
1) Street lighting to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
2) Electrical system to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
3) Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
4) 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.
5) Street signs will be constructed and installed by the City of Shakopee
at a cost to the developer of $250 per sign pole (13 x $250 =
$3,500.00 for entire site and five signs for the first phase).
6) Installation of a 5 foot wide sidewalk along the west boundary of the
plat(within the MNDOT right-of-way along the east side of CR 77),
and along the east boundary of the plat (within the county right-of-
way along the west side of CR 79). If it is determined that the Scott
Hennepin Trail system is to be located on the west side of CR 79, the
sidewalk required in this area will not be necessary.
7) Construction of an 8 foot wide trial within the proposed pedestrian
access easements within Block 3, Block 4, and Block 6. The
developer shall landscape the remaining easement on each side of the
path to provide screening for the adjacent homeowners.
8) 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.
9) The City Engineer will reapportion the existing special assessments
against the lots and the developer shall waive his right to appeal the
reapportionment.
10) 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.
C. The developer shall provide a recordable agreement which dedicates the 37
foot wide temporary access easement onto CR 79. This easement shall be
vacated after the construction of the streets within the second phase of the
development.
D. The developer shall provide a recordable agreement which dedicates the 16
foot wide pedestrian access easement located between Lots 16 and 17 in
Block 3.
E. Access rights shall be limited by dedicating to the City the access rights to
Vierling Drive in the dedication statement for the Final Plat for that phase of
the development which includes Vierling Drive. Access rights to the adjacent
county roads shall be limited by dedicating to the County the access rights to
both CR 77 and CR 79 in the dedication statement for the Final Plat for that
phase of the development adjacent to these county roads. These access
limitations shall also be shown on the Final Plat drawings for these phases of
the development.
F. The developer shall provide a recordable agreement stating that not more than
10%of the plat will be developed into twin homes. Twin homes will require
separate utility connections, and sites must be identified prior to installation
of utilities.
G. Noise Analysis: Due to the close proximity of the proposed plat to the
southerly bypass, the developer shall submit a noise analysis to ensure that the
proposed plat will comply with the noise standards established by the
Minnesota Pollution Control Agency (MPCA). If it is determined that any of
the lots would be in violation of these standards, the developer shall provide
the necessary mitigation(berms, sound barriers, climate control, etc.) to bring
those structures into compliance with the MPCA requirements.
2. The following procedural actions must be completed prior to the recording of the Final
Plat for the second phase of the development:
A. The applicant shall submit verification that the ownership of Outlot A has
been transferred to the owner of the adjacent property to the south, with the
intent that Outlot A will be combined with the lot to the south proposed
within the Orchard Park subdivision.
B. Prior to the recording of the final plat for the appropriate phases, the
developer shall provide a recordable agreement which dedicates the 16 foot
wide pedestrian access easements in the following areas: 1) Between Lots 9
and 10 in Block 4; and Between Lots 10 and 11 in Block 6.
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 submit verification that the Minnesota Pollution Control
Agency has approved the NPDES Stormwater Permit for the proposed
subdivision prior to the approval of any Building Permits.
B. 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 , 1994.
Mayor of the City of Shakopee
Attest:
City Clerk
Approved as to form:
City Attorney
Po144.4
ORDINANCE NO. �C7y , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY
CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, SEC. 2 . 05,
CITY ADMINISTRATOR, SUBD. 5, DUTIES, BY REPEALING PARAGRAPH H,
RELATING TO CONTRACTS, AND ADOPTING ONE PARAGRAPH IN LIEU THEREOF
RELATING TO THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS :
Section 1 - That City Code Chapter 2, Administration and
General Government, Sec. 2 . 05, City Administrator, Subd. 5,
Duties, is hereby amended by repealing paragraph H, relating to
contracts, and adopting one new paragraph in lieu thereof, which
shall read as follows:
"Subd. 5. Duties. The City Administrator shall be the Chief
Administrative Officer of the City and shall be responsible to
the Council for the proper administration of all affairs of the
City and to that end shall be empowered and required to:
H. Purchase or enter into contracts for previously
budgeted items when the amount thereof does not exceed
$5, 000 . 00 , and purchase or enter into contracts for
previously budgeted services, when the annual amount of
such contract does not exceed $5, 000 . 00 . For items and
services in excess of $5, 000 . 001, the City Administrator
shall receive estimates, quotations, proposals, or
sealed bids, as appropriate purchasca and contracts,
and present them to the Council for official action. "
Note: The rcdlincd language is deleted; the underlined language
is inserted.
Section 2 - General Provisions. City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 2 . 99, Violation
a Misdemeanor, are hereby adopted in their entirety by reference,
as though repeated verbatim herein.
Section 3 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in 0 session of the City Council
of the City of Shako ee, prnnesota, held this ,21)-S& day of
Ow ) , 1994 .
Mayor o C y of Shakopee
( 1 /
Attest . CityClerk
Q, , . .r
1
Approved as to form: #1 • ,k.tell City Attorney
Published in the Shakopee Valley News on the day of
, 1994 .
[8MEMO]
-2-
/516
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Purchase of Unused Holiday Time
DATE: 12 16 94
INTRODUCTION:
At their last meeting, Council authorized the purchase of unused
holiday time from officers in accordance with the existing labor
agreement.
BACKGROUND:
In the memo presented to Council, I miscalculated the hours two
officers had available to sell back to the City and recommended
purchasing 20 hours from Officer Flynn and 30.5 hours from Officer
Patrick. Both officers had 40 hours to sell.
The purpose of this memo is to request authorization to purchase
9.5 hours of unused holiday time from Officer Patrick and 20 hours
of unused holiday time from Officer Flynn. This will bring the
total number of hours purchased from each officer to 40.
Funds exist within the budget pay for this expenditure.
ALTERNATIVES:
1. Buy back unused holiday hours as requested.
2. Buy back unused holiday hours but fewer than requested.
3 . Do not buy back unused holiday hours.
RECOMMENDATION:
Alternative #1.
ACTION REQUESTED:
Authorize the appropriate City Officials to buy back unused holiday
hours from the individuals listed above up to the amount indicated.
ec
°"7- o P j/t�.1LTi n7 / s L/5- Pg/ ,floe t
15,6
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Purchase of Unused Holiday Time
DATE: 12 16 94
INTRODUCTION:
At their last meeting, Council authorized the purchase of unused
holiday time from officers in accordance with the existing labor
agreement.
BACKGROUND:
In the memo presented to Council, I miscalculated the hours two
officers had available to sell back to the City and recommended
purchasing 20 hours from Officer Flynn and 30.5 hours from Officer
Patrick. Both officers had 40 hours to sell.
The purpose of this memo is to request authorization to purchase
9.5 hours of unused holiday time from Officer Patrick and 20 hours
of unused holiday time from Officer Flynn. This will bring the
total number of hours purchased from each officer to 40.
Funds exist within the budget pay for this expenditure.
ALTERNATIVES:
1. Buy back unused holiday hours as requested.
2. Buy back unused holiday hours but fewer than requested.
3. Do not buy back unused holiday hours.
RECOMMENDATION:
Alternative #1.
ACTION REQUESTED:
Authorize the appropriate City Officials to buy back unused holiday
hours from the individuals listed above up to the amount indicated.