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02/21/1995
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: February 15, 1995 1 . Attached is correspondence from Paragon Cable regarding solar interference. 2 . Attached are the January 4, 1995 minutes of the Shakopee Public Utilities Commission. 3 . Attached is correspondence from the Shakopee Public School District Superintendent regarding the School Board' s decision to approve sharing in the cost of equipment and installation for flashers on C.R. 15 and 11th Avenue. 4 . Attached is a notice of public hearing to extend the interim development ordinance from the Scott County Planning Department . 5 . Attached are the amendments for the Special Assessment Policy. Please replace the title page and Page 14 in your copy of the policy. 6 . Attached is the monthly progress report from the Planning Department . 7 . Attached is a memorandum from the Planning Director regarding the AUAR/ADR Update. 8 . Attached are the Revenue and Expenditure Reports as of January 31, 1995 . 9 . Attached is a memorandum from the Public Works Director regarding proposed easement acquisition for Sarazin Street. 10 . Attached is the February 23, 1995 Planning Commission agenda. 11 . Attached are the February 7, 1995 minutes of the Shakopee Coalition meeting. 12 . Attached is a memorandum from the City Administrator regarding absence from office. 13 . Attached is a memorandum from the Assistant City Administrator regarding the proposed Economic Development Coordinator position. 14 . Attached are the February 8, 1995 minutes of the Scott County Economic Development Coalition. 15 . Attached is a memorandum from the City Administrator regarding COPS FAST grant . H:\WP51\DOCS\TONI\TONI\NONAGEND PARAGONI I / CABLE MINN ESOT A February 2, 1995 Mr. Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street South Shakopee, M. 55379 Dear Barry: I am writing to inform you that we are approaching the time of year during which cable operators experience a period of solar interference. Solar interference is an inherent part of satellite operations and occurs in the Spring and Fall of each year when the orbital positions of the satellite and the sun are in one line causing the earth station to receive signals from both. The more powerful sun subdues the desired signal, causing a loss of service. The exact times and the intensity of the interference are impossible to determine but they will occur during the period of February 28 through March 7, 1995, approximately 2:30 p.m. to 3:45 p.m. each day. • The amount of signal loss will begin gradually and increase as we get closer to March 3-4 when it will peak. The effect on our pictures will range form sparkles to full loss of signal and it will affect each satellite at different times as it passes through the orbital arc of the satellites. The interference will decrease as we get closer to March 7 after which the period of interference will be over until the fall. If you have any questions or concerns, please call me at (612) 287-3659. Sincerely, Arlen Mattern Community Relations Coordinator 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company . � MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 4, 1995 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Administrative Assistant Joe Adams, Manager Van Hout and Secretary Menden. Motion by Vierling, seconded by O'Toole to approve the minutes of the December 5, 1994 regular meeting and the December 19, 1994, adjourned meeting as kept . Motion carried. BILLS READ: ARAMark Refreshment Services 126.00 Astleford Equipment Co. , Inc. 7 . 91 Marvin Athmann 17 . 14 Barbarossa & Sons, Inc. 450 .00 Bentz Construction, Inc. 1,290.00 Big A Auto Parts 26. 51 Bill 's Toggery, Inc. 322 .42 Border States Industries, Inc. 2,045. 20 Bureau of Business Practices 6 . 92 Burmeister Electric Co. 720 .18 Business Essentials Inc. 246.84 Canterbury Park Holding Co. 6,960.00 C & N W Transportation Co. 1,260 .00 City of Shakopee 114. 18 City of Shakopee 1,091 . 74 Clay's Printing Service 451 . 39 Cooperative Power Co. 40,662.87 Coordinated Business Systems, Ltd. 235.09 DCA, Inc. 150.00 Davis Business Machines, Inc. 70. 60 Feed-Rite Controls, Inc. 1,720. 74 Genuine Parts Co. 6.28 Glenwood Inglewood 9. 59 Gopher State One-Call, Inc. 402 .64 Hance Cable Testing & Lctg, Inc. 244. 25 Hennen's ICO 21. 94 High Voltage Testing Labs 53.83 Hotsy Corp. 378.08 Koch's Tele-Communication Services 267 . 00 Leef Bros. , Inc. 25. 70 Ray Lemieux 83 .81 Minn. Dept . of Public Service 133 .85 Minn. Valley Electric Coop. 779. 43 Minn. Valley Testing Labs, Inc. 169 .00 Motor Parts Service Co. , Inc. 256. 26 Mullins Software Solutions 75.00 Northern States Power Co. 432 ,760.88 Northern States Power Co. 4,020. 94 Northern States Power Co. 890.48 Parkside Printing, Inc. 1,082.07 Petersen-Wisdorf, Inc. 13,968. 04 Remittance Processing Center 48. 67 Reynolds Welding Supply Co. 4. 62 Ries Heating & Sheet Metal 48.06 St. Francis Regional Medical Center 11 ,136.00 Schoell & Madson, Inc . 943.02 Schwaab, Inc. 126 .26 Shakopee Ford, Inc. 198. 16 Shakopee Public Utilities Comm. 113 .28 Shakopee School District #720 22. 11 Shakopee True Value 0 53. 22 Stark's Cleaning Services, Inc. 72.42 Dean Struck 121 .22 Total Tool 319. 59 Transport White GMC, Inc. 311 . 67 U S West Communications 362.46 Uniforms Unlimited 112 . 39 Lou Van Hout 113 . 08 Voss Lighting 348.43 Waste Management-Savage 78.13 WaterPro 869. 46 WESCO 332. 28 Wild Iris 20.23 Woodhill Business Products 2,721 . 47 Yarusso' s Hardware Co. 155. 09 Arthur Young 147 . 90 Carole Halmrast 458. 90 Minn. Valley Electric Coop. 15,720. 62 Motion by O'Toole, seconded by Vierling that the bills be allowed and ordered paid with the inclusion of the City of Shakopee for $44,000.00. Motion carried. The communication on nitrate sampling for wells #4 & #5 for 1994 was given to the Commission by Art Young. Motion by Vierling, seconded by O'Toole to have staff come back at the February meeting with recommended actions and options available. Motion carried. Liaison Sweeney gave his report on past City Council action. Mr. Sweeney reported on the P&V Addition water being ordered and also on going communication on the Community Center. Richard Wicka and Dick Kopy, consultants for the St . Francis Regional Medical Center, were present for discussion on the water issues. Mr. Wicka requested a 2,000 KVA transformer be installed. SPUC consensus was that a way will be found to resolve the matter. A status report on the progress of the St. Francis Hospital . site water system was given by Joe Adams and Manager Van Hout. Ken Adolf, Schoell and Madson gave a report on the well and booster station to be included on the St. Francis site. Bids will be going out for both in the near future. The booster station specs are one month later than the well. Motion by Vierling, seconded by O'Toole to give authorization to bid for well and booster station as specified by Schoell and Madson. Motion carried. A request for an adjustment of previously collected fees by Jon Albinson of Valley Green Business Park was discussed by the Commission. Ken Adolf was also present for this discussion. This is a continuing discussion from the December 5, 1994 regular meeting. Motion by Vierling, seconded by O'Toole that the Shakopee Public Utilities Commission deny the request of Valley Green Business Park for a refund of trunk water charges on the 12th Ave. Water Project. Motion carried. A status report of the proposed water studies for part I with SEH and part II with Schoell and Madson was given by Manager Van Hout. All consultant studies are signed. The timetables for the coordination of the studies SPUC are starting and the Savage Water Task Force meeting was given to the Commission. A critical issue with the Commission is to determine the recharge to the aquifer or the maximum supply capabilities of the aquifer. Manager Van Hout is to determine if this was in the original proposal. The purchase agreement for the substation site was updated. A representative from the Shakopee Utilities will attend the Jackson Township Board meeting to answer any questions they might have. Manager Van Hout gave the Commission a list of alternatives regarding the purchase offer for the substation site. The Commission directed staff to prepare a purchase offer with the contingency that all agencies approve the site for a substation. Joe Adams will be acting representative for the Shakopee Public Utilities while Manager Van Hout is on vacation. The Commission indicated their desire to do a voluntary EAW on the site. Kevin Favaro will be directed to contact the County and arrive at answers to the land use questions and give us a report. The Commission suggested we approach Karen Marty to write up the purchase offer and if she does not have time to oversee another agency writing up the offer with her perusal. Mr. Marschall indicated he is interested in buying the previous site when it comes up for sale. A summary of the wage discussions was sent to the Commission by Manager Van Hout . The cooperative agreement with the City of Savage was signed by President Cook. Authorization by Motion was done at the December meeting. The Consultant agreement with Schoell and Madsen was also signed by President Cook. Motion by O'Toole, seconded by Vierling to offer Resolution #435 A Resolution Establishing Water Meter and Installation Fees. Ayes: Commissioner Cook, O'Toole and Vierling. Nayes: none. Resolution passed. Motion carried. Commissioner Vierling advised the Commission of meetings with Senators Kelso and Johnson to advise them of our concerns with water issues. The thought was to have a work session with the DNR along the Senators, Representatives, City Council, Planning Commission and CDC. After the studies are back to the parties involved the work session will be planned. A tentative work session date of February 3, 1995 was set. There were seven fire calls for total man hours of two hours and thirty minutes. There were no lost time accidents for December, 1994. The next regular meeting will be set for Feb. 6, 1995 at 4: 30 P.M. in the Utilities meeting room. Motion by O'Toole, seconded by Vierling that the meeting be adjourned to Feb. 3 for the work session meeting. Motion carried. VDC gr. Barbara Mendell"; Commission Secretary * 3 SHAKopEE Shakopee School Board Superintendent Robert J.Ostlund Ron Larson,Chair r� Janet Wendt,Vice Chair . 0 . Kathy `' % Steve Schneider,Treasurer District Office Jessica Gels,Director Bob Techam,Director Robyn Wolfe,Director , February 3, 1995 Mr. Dennis Kraft City Administrator City Hall 129 South Holmes Street Shakopee,MN 55379 Dear Dennis: On January 23, 1995, the School Board approved sharing in the cost of equipment and installation for flashers at the pedestrian crossing on County Road 15 and 11th Avenue,for a total cost to the School District of$3,121. We believe the flashers will be a definite help both to our school patrol as they assist students crossing County Road 15 and to residents using this crossing for access to the community swimming pool. We sincerely appreciate the City's efforts in securing a fair bid for this project. Please submit an invoice to our business office for the School District's portion. Thank you. Si nc• •ly, f,, • bert"Ostlund Ostlund Superintendent of Schools RJO/ph cc: Dave Nummer 505 South Holmes Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5000 AN EQUAL OPPORTUNITY EMPLOYER 14_ Ll SCOTT COUNTY PLANNING, INSPECTIONS & ENVIRONMENTAL HEALTH COURTHOUSE A102 428 HOLMES STREET SOUTH . SHAKOPEE, MN 55379-1393 (612) 496-8353 NOTICE OF PUBLIC HEARING TO EXTEND THE INTERIM DEVELOPMENT ORDINANCE You are hereby notified that a hearing will be held by the Scott County Board of Commissioners in the County Board Room of the Scott County Courthouse, 428 Holmes St S, Shakopee, Mn.+vnn}n en: a..aivavw... v... February 28, 1995 at 10:00 A.M. PURPOSE OF HEARING: To extend the Interim Development Ordinance (Ordinance No. 14) until the adoption of the Scott County Comprehensive Plan by the Board of Commissioners or September 1, 1995. An interim development ordinance temporarily prohibiting the rezoning of property to residential, R-1 or R-4, to create lots of less than 10 acres in size, to prohibit further subdivision of existing residentially zoned properties, the creation of buildable lots anywhere within the unincorporated areas of the county for parcels without a minimum lot width of 300 feet for the entire length of the property and controlling access from properties to county roads. If you would like to be heard in reference to this matter, you should attend this meeting. "Oral and written comments will be accepted by the Planning Department. For more information,contact the Scott County Planning Department at 496-8653. DATE MAILED: February 10, 1995 An Equal Opportunity/Affirmative Action/Safety Aware Employer _ �J MEMO TO: Dennis R. Kraft, City Administrator Council Members Department Heads FROM: 0.4 > Bruce A Loney, Public Works Director SUBJECT: Special Assessment Policy DATE: February 10, 1995 The Special Assessment Policy was amended by Resolution No. 4164 on February 7, 1995. Please replace the title page and Page 14 in your copy of the Special Assessment Policy with the attached revised pages. CITY OF SHAKOPEE SPECIAL ASSESSMENT POLICIES AND PROCEDURES FOR PUBLIC IMPROVEMENTS Adopted by Resolution No. 3735 on: January 19,1992 Amended by Resolution No. 3802 on: May 18, 1993 Amended by Resolution No. 3926 on: December 21, 1993 Amended by Resolution No. 3991 on: April 19, 1994 Amended by Resolution No. 4164 on: February 7,1995 B. SIDEWALKS AND TRAILS 1. New Construction New sidewalks installed adjacent ta collector- or arterial streets will not be assessed. New sidewalks installed adjacent to local streets will be assessed 100% to the abutting property on which the sidewalk is located. 2. Reconstruction Replacement sidewalks adjacent to local streets will be assessed 50% to the abutting property owner and 50% City funded. Sidewalks that are replaced next - to collector or arterial,streets will not be assessed. 3. Trails Bituminous walkways or bicycle trails will not be assessed, but rather funded 100% by the City. 4. New Plats Sidewalks required within a new plat.will be 100% assessed to the developer. C. STORM SEWER IMPROVEMENTS Storm sewer assessments shall normally be by the "area" method. 1. New Storm Sewer Construction New trunk storm sewer installations will be funded 100% by the General City- wide Storm Sewer Utility Fund. New storm sewer laterals installed in areas that have existing trunk(main line) storm sewers will be funded 100% /by the General Storm Sewer Utility Fund. 2. Replacement of Storm Sewers Any replacement costs or reconstruction of existing storm sewers will not be assessed but rather funded 100% from the General Storm Sewer Utility. 3. New Plats Storm drainage facilities installed by the City at the request of a developer will be assessed to the developer 100%. If the facilities are oversized to accommodate drainage from areas outside the plat, the City will pay for the oversizing from the Storm Drainage Fund. 14 -# 7 Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Savage AUAR/ADR Update Date: February 15, 1995 NON AGENDA INFORMATION ITEM: Attached are the approved minutes from the following AUAR/ADR meetings: Meeting No. 4 - January 24, 1995 Meeting No. 5 -January 30, 1995 Meeting No. 6 -February 3, 1995 The mitigation measures to be included with the final AUAR document are currently being reviewed by the ADR committee. The primary issues relating to the Eagle Creek Bluff PUD in Shakopee include: 1. Stormwater-Trout Unlimited is concerned about stormwater discharges directly into the creek. The developer has proposed a stormwater system designed to treat stormwater before it is released into the creek. Trout Unlimited is also concerned about the water temperature. The developer is open to planting trees around the pond to maintain cooler water temperatures. Staff believes that these mitigation measures should be incorporated into the AUAR documents. With the review and approval of the Preliminary Plat by the City Council, requirements can be drafted addressing these concerns. 2. Water Supply- Trout Unlimited and the Department of Natural Resources (DNR) are concerned about the developer drawing ground water for the Eagle Creek Bluff PUD. Shakopee Public Utilities Commission (SPUC)would consider buying water from Savage for residents in the PUD. Since the PUD is in the City of Shakopee, the water services (billing, metering, etc.) will need to be provided by SPUC and not the City of Savage. Standard SPUC fees and design standards could be required through the plat approval process for this project. The water supply purchased from Savage would be a temporary provision until SPUC has a water supply source to this area. 3. Open Space - The DNR is proposing to make habitat improvements in the PUD open space area. The developer is proposing to record a public access easement for the trail in the open space area. The DNR will prepare a maintenance agreement for the homeowners association and the developer to sign. Both the access easement and the maintenance agreement will be reviewed by the City Attorney. If you have any question, please call me at 445-3650. Thank you. (AUAR215.cc) 14167 44- Li ADOPTED AND APPROVED JANUARY 30 , 1995 ADDITIONAL REVISION FEBRUARY 3 , 1995 AUAR ADVISORY PANEL MEETING January 24, 1995 FEB 0 6 1995 1 . CALL TO ORDER The meeting was called to order at 7 : 35 a.m. by Roger Williams . 2 . ROLL CALL Members present: Roger Williams , Minnesota Office of Dispute Resolution, Klaas Van Zee, Van Zee Homes ; Paul Brookner, alternate, Trout Unlimited; Scott Merkley, Scott County Highway Department; Lawrence Samstad, Lower Minnesota River Watershed District; Steve Eggers , Corps of Engineers ; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Cyrus Knutson, Mn/DOT; Lindberg Ekola, City of Shakopee; Nicholas Rowse, U.S . Fish and Wildlife Service; Scott Wallace, MN River Valley Audubon Members absent: Craig Affeldt, MPCA; Del H. Einess , Chamber of Commerce; Jon Westlake, Scott County Planning Director; Jeff Hazen, Sierra Club; Elliott W. Olson, Trout Unlimited; Stanley Ellison, Mdewakanton Sioux Community; Barbara Koennecke, Community Representative Staff present: City Administrator Steve King, City Planner John Heald, Consulting Engineer Bruce Bullert, Assistant to the Administrator Jean Gramling, and Recording Secretary Clare T. Link 2 . APPROVAL OF MINUTES The minutes of the AUAR meeting of January 20 , 1995 were approved as amended: 1 . Correct spelling of Audubon and Prairie du Chien instead of Prairie duChene 2 . Page 3 , last paragraph: change "os " to "of" 3 . Page 4 , 4th paragraph, 5th sentence: amended to read, " . . .St. Peter Sandstone is generally not considered an aquifer. " AUAR Meeting January 24 , 1995 Page 2 2 . Approval of Minutes (Continued) 4 . Page 7 , 4th paragraph, 1st sentence: amended to read, "Steve King noted the development pattern. 5 . Page 7, 4th paragraph, 3rd sentence: amended to read, "It is the city' s goal that alternative. . . " 6 . Page 8 , Item 5 , 3rd paragraph, 2nd sentence: amended to read, " . . .hydraulic head would increase by 1 foot. . . " 7 . Page 8 , Item 5, 6th paragraph, 1st sentence: amended to read, " . . .are lowered if they will. . . " 8 . Page 11, Item 5 , 3rd paragraph, 1st sentence: amended to read, " . . .while the fen plan shows 3 inches . 9 . Page 11, Item 5 , 3rd paragraph, 2nd sentence: amended to read, " . . . it will be changed to read . 432 feet . " 10 . Page 11, Item 5 , 7th paragraph: amended to read: • . .negligible additional effect on the hydraulic head in the fen. " 11 . Dr. Lee should be spelled "Leete. " 12 . Page 12 , Item 6 , 8th paragraph: amended to read, ▪ . .would have caused the AUAR process to be a waste of time. " 13 . Page 14 , issue #5 : change tree to "true" 7 :45 a.m. 3 . SAVAGE FEN PRESENTATION Dr.Jeanette Leete, DNR gave a background on the DNR' s work in the Savage Fen area. She noted the location of wells in the Fen area. She noted that a climate monitoring station has been constructed in the area. Steve King asked Leete to react to the Fen Management Plan. Leete replied that it provides the DNR with a very solid basis for development of a fen management plan. She also indicated that she disagreed with some of the information in the plan. King asked how it addresses protecting the fen. Leete replied that she would be a lot more radical in protecting the fen. She believed that disturbances around the fen area would shrink the size of the fen. She was opposed to dissecting the fen into pieces . She believed that two separate areas would function differently hydrologically. She believed that the plan needs to be finalized to include who will be responsible for what. AUAR Meeting January 24 , 1995 Page 3 3 . Savage Fen (Continued) In response to a question from King, Leete discussed the encroachment into the wetland complex with the widening of Highway 13 . King asked Leete if she was comfortable with the groundwater model . Leete stated that she is concerned with how it will be used. She believed that some numbers in the model should be changed but, overall, trusted the model . She also expressed confidence in the use of the model by Ray Wuolo and the staff at Barr Engineering. Nick Rowse questioned whether the boundary of T.H. 13 is a proper westerly boundary of the fen area. Leete noted that there is wetland on the other side of the road. Steve Eggers discussed the composition of the fen area. He noted that the entire wetland complex is technically a fen. He discussed the history of the Corps of Engineers involvement in this area beginning in 1983 . Through the use of maps, he showed that part of the wetland complex does indeed extend to the west of Highway 13 . Leete discussed the pumping from the Shiely quarry and whether it would affect the fen area. 8 : 10 a.m. Leete discussed her concerns about the Fen Management Plan. She stated that a small difference in head can make a big difference in the plant communities in the fen. She noted that water levels in the fen area are relatively stable. She noted that the best plant communities are in areas that are saturated all the time. Larry Samstad asked Leete if she would have the same concerns if water levels were increased. Leete stated that she would expect to see an increase in flow in the little streams in the area. She was concerned about peat erosion. An increase in the water level would be preferable over a decrease. King discussed eventually having the city's existing wells as backup water supplies when an alternative water source is developed for the community. Leete replied that would be the preference . AUAR Meeting January 24 , 1995 Page 4 3 . Savage Fen (Continued) Leete stated that she wouldn't trivialize small groundwater decreases because of the impact on the community. She stated that deeper wells would be the solution if alternative water sources are not found. Leete discussed the net impact of changing the land uses and changing the groundwater levels . She discussed the chemistry of the water in the area. The water in the fen area has a high calcium content and low oxygen. She noted that what is done to protect water levels in the fen area will also protect the water in Eagle Creek and Boiling Springs because they are the same water system. 8 :25 a.m. Leete suggested that the goal should be no net change in recharge. Cover type changes will change net recharge. Leete stated that the commercial/industrial zoning along Highway 13 would serve as additional encroachment to the fen wetland complex. She discussed her concerns about chemical changes to the water as a result of the use of road salt used on County Road 27 if constructed as proposed. Leete discussed successes achieved in other states to restore plant life in fen areas . Leete discussed the amount of sand that has been washed into the area. She suggested that the sand be removed to expose the peat which would restore the area. Leete stated that 1/4 ft. change could be risky in this area. She believed that service grades along 128th could be accomplished without a negative impact on the fen area. Leete discussed her concerns about the assumption that since the haul road is in existence, it should be allowed to remain. Leete stated that further reductions in head should not be tolerated. The goal should be to hold the line. New wells should be allowed to be drilled, but they should be allowed to add to groundwater levels . Leete discussed her support of utilizing the Shiely pit as an alternative water source. AUAR Meeting January 24, 1995 Page 5 3 . Savage Fen (Continued) Leete discussed the continued monitoring of the station in 1995 and where the funding will come from. She felt that because this is a regional issue, more than just the City of Savage should contribute to the funding. Ring questioned if the wetland area west of Highway 13 is of the type requiring special protection and/or designation. Eggers stated that the calcareous fen community was not found in this area. King then asked if development in that area would be acceptable if the city conformed to the normal regulatory means , like the Wetland Conservation Act. Eggers stated that any proposed development must go through the alternative review of avoidance and minimization. He stated that there is a spring at the base of the bluff as well as Eagle Creek further to the west. Jim Larsen noted that mitigation must be done with like areas . This could be more costly than avoiding the area to begin with. Dick Brown questioned if mitigating in one area would affect the water levels given an area of the calcareous fen and one that was not . Leete discussed mitigation concerns . 8 :45 a.m. Rowse questioned Leete's reaction to restoration in the area. Leete discussed changes in the plant life in the fen area. Eggers discussed cattail domination in the area. He noted that 70+ species are in the restoration area. He discussed significant impacts and major vegetation shifts in the fen area over the last 50 years . He was concerned about how much more impact this area can take . Klaas Van Zee noted that correspondence from the Department of the Army states that the peat deposit extends to Boiling Springs . Eggers replied that the letter is incorrect. Jim Ostenson asked if there is any kind of planned public access into the area and whether if it is appropriate. Eggers noted that the U. S . Fish and Wildlife owns 200 acres of this area. He replied that he would not be opposed to some kind of nature trails . Leete noted that much of the plant life is very sensitive to any kind of disturbance. She noted that raised boardwalks would be appropriate as a means of access . AUAR Meeting January 24 , 1995 Page 6 3 . Savage Fen (Continued) Ostenson discussed his concerns about the tremendous burden being placed on the city to pay for the management of this area which cannot be enjoyed by the community. Samstad questioned if there is a "line" of areas that are not contributing to the fen disturbance. Leete stated that you would have to go all the way to the headwaters of the Vermillion River before you could honestly say that it has no affect on the fen area. In response to a question from Samstad, Leete hoped that developments could be planned and considered in their entirety to determine their impacts on the fen area. She discussed the function of the Prairie du Chien aquifer. Samstad discussed his concerns about the impacts on the fen area. Leete discussed the importance of coming up with a net recharge plan. Panel members discussed the effects of glacial till. The panel recessed at 9 : 10 a.m. and reconvened at 9 :20 a.m. King discussed the city' s short term recharge strategies . He stated that the storm water management plan will also contribute to the recharge capabilities . Leete was concerned about development along the edge of the bluff . She discussed the need for bluff edge setbacks . King asked if there were any impacts on the fen with the dewatering which took place with the construction of utilities along Highway 13 . Leete replied that although there weren't any impacts on the fen (because the ground was frozen) , there were impacts on Eagle Creek. Leete read an article which discussed water flow quantities in the area. Eggers stated that one of the most important issues for this group is the flow of water to the fen from shallow sources . Leete discussed local vs . regional flow paths . AUAR Meeting January 24 , 1995 Page 7 3 . Savage Fen (Continued) King questioned whether the mitigation measures will address contamination as a result of development. Leete replied that the MPCA has responsibility for this issue. She noted that not enough thought has been given to this . In response to a question from Balcom, Leete discussed the impact of dewatering on the water levels in the fen area. She stated that although water levels can return, they never return to what they originally were. The peat also changes . She noted that she has been unable to note any chemical changes . Samstad questioned what the recovery is of areas that have been disturbed; i.e. , by mowing. Leete discussed the restoration of the Nichols Fen and other fens which also included farmland. Eggers stated that the Savage Fen area did have a portion of it where hay was cut. He didn't think that this adversely affected it. Van Zee asked what the effects of dewatering and trenching would have on the Eagle Creek area. Leete suggested that, for the most part, it would be better to construct utilities during the winter. She felt that the flow of Eagle Creek could possibly be reduced with dewatering. King discussed the city' s transportation needs and asked if a bridge across the fen and its impact. Leete discussed the need to keep the fen area connected rather than in patches . King questioned whether impacts and solutions have been outlined sufficiently in the Fen Management Plan. Leete replied that, in some cases , she would tend to be more protective and set stricter requirements . 9 :45 a.m. King noted that Barr Engineering would be providing a list of mitigation measures and the steps which would be taken to accomplish each measure. Eggers and Leete left the meeting at 9 :50 a.m. Samstad discussed his organization' s concerns about sedimentation in the fen area. AUAR Meeting January 24 , 1995 Page 8 3 . Savage Fen (Continued) In response to a question from Ostenson, Samstad discussed the need for sensitivity to development. Scott Merkley, Scott County Highway Department discussed restoration in the fen area that would occur if a bridge were constructed as part of the CSAH 27 project. Ostenson discussed the major concerns about the groundwater which he felt that the city is already addressing. He felt that development can occur in accordance with the Fen Management Plan. Van Zee stated that he would support the Fen Management Plan if all concerns are taken care of and problems are addressed. Van Zee felt that it would be difficult to make a final commitment until something writing is seen. He suggested that the erosion control techniques be monitored to see if they are working rather than having them put in place and hope they are working. Lindberg Ekola stated that the work of another group on the alternative water supply should be incorporated into this group ' s efforts . He questioned where the Fen Management Plan came from and why it was prepared. King replied that it was prepared by the city and was triggered by the possibility of development in the area. Cyrus Knutson stated that Mn/DOT has initially determined that storm water can be directed to its facility at T.H. 101 . Further discussion and study are required. Tom Balcom stated that the study and care for the fen and groundwater resources should be broader than just the City of Savage . Scott Wallace stated that because so many of the issues have to do with water, he asked if the Lower Minnesota River Watershed District has completed a water management plan. Samstad replied that it has not although they will cooperate with the individual cities ' water plans . Wallace noted that the watershed district's water management plan must be approved before the individual cities ' plans are approved. King discussed the overlapping jurisdictions that the city belongs to . AUAR Meeting January 24 , 1995 Page 9 3 . Savage Fen (Continued) Dick Brown felt that we should be sure we take every precaution to use the advice that is given even if it means that there be no development. He discussed the importance of preserving the natural resources in existence for future generations . Nick Rowse stated that, overall, the Fen Management Plan has a good basis to it but does have some inadequacies . He would like to see more information on use of the Shiely quarry as an alternative water source. Rowse discussed the need to consider whether there would be any change to the groundwater recharge level at Blue Lake. 10 : 15 a.m. Rowse reviewed other areas of concern including: what is expected in the way of monitoring the area by the DNR and US Fish and Wildlife, contingency action plan section needs to be expanded, what will be done once changes are identified, and revision of Figure 3 .2 to include wetland complex area west of Highway 13 . Scott Merklev questioned whether it would be necessary to create another fen management plan for the County. King replied that one plan is sufficient. Balcom stated that the fen management plan would serve as the foundation, but amendments could be added. King agreed, noting that the plan has a life of ten years . Paul Brookner stated that the plan needs to look at high/low flows and the effect on Eagle Creek. Jim Larsen stated that the document doesn't put ownership on the city, but they are preparing a number of ordinances to deal with issues . He noted that Met Council still doesn't have a lot of answers to their questions . He discussed the need to determine how water flow will be handled. Larry Samstad stated that specifications in this area should be developed by the city and developers and include Best Management Practices (BMP) . He wondered if Boiling Springs and Eagle Creek shouldn't be handled similarly to the Savage Fen in terms of analysis and what should be done there. He didn't think that the Fen Management Plan could be spread to AUAR Meeting January 24, 1995 Page 10 3 . Savage Fen CContinued) include them. Brown felt that standards could be raised somewhat. Ostenson discussed safeguards that are required when developing. Panel members discussed this issue. King noted that a separate list will be provided at the next meeting on mitigation measures and solutions . Ray Wuolo , Barr Engineering discussed groundwater flow into the fen area, time of travel and drift. Brookner questioned if time of travel is built into the model . Wuolo replied that time of travel is built into the model and noted that something that is close to the fen would discharge into the fen fairly quickly. Panel members and Wuolo discussed fracture flows . Response to Scott County Letter Wuolo responded to a letter received from the Scott County Health Department regarding their concerns about the AUAR. 10 :45 a.m. Wuolo discussed the interconnection of aquifers . Van Zee questioned the reference to clay linings in NURP ponds . Wuolo noted that detention ponds can be designed to have very little recharge. He discussed pond design. Van Zee questioned if the pond would lose its effectiveness . Wuolo noted that if the water table and head are at the same level, there wouldn't be any leakage. Panel members discussed ground water drainage and the Covington Ponds issue. In further response to the letter, Wuolo stated that this is the best tool we have to address regional water supply. In response to a question from Wallace, Wuolo addressed water level changes . Brookner was concerned about using existing data and not going out and gathering new data. In response to a question from Brookner, Wuolo discussed the problem with doing a sensitivity test. AUAR Meeting January 24 , 1995 Page 11 3 . Savage Fen (Continued) Wuolo discussed a memo distributed which reviewed his results after evaluating model sensitivity to hydraulic conductivity value variations . 11:00 a.m. 4 . AGENDA FOR NEXT MEETING Williams questioned when the consultants would be prepared to comment on Option C. Ring replied that they would respond at the next meeting. Panel members discussed agenda items for the meeting on Monday. Eagle Creek and Boiling Springs will be addressed at the meeting on Friday, February 3rd. Van Zee identified his areas of concern relating to Eagle Creek and Boiling Springs : 1. Consideration of what the "no-build" option looks like. 2 . Impact on natural resources 3 . Trespass across property 4 . Preservation of the area for cultural reasons (area around Boiling Springs for Mdewakanton Sioux community during certain times of the year) 5 . Corridor width (greater width will help protect water quality and provide for wildlife habitat) 6 . Water quality 7 . Utility construction and temporary impact of sedimentation into the creek and springs and permanent effects of utility construction on trenches, etc . 8 . Resolution of the dewatering issue and identification of conditions when dewatering can take place Van Zee discussed the progress being made by the Trust for Public Land organization to purchase the Boiling Springs and Eagle Creek area. He discussed other situations when he has met with the DNR to determine a corridor width for Eagle Creek. Van Zee noted that Trout Unlimited would support the proposed wider corridor width and mitigation proposed. He said that a concept was under consideration that would create a larger corridor along Eagle Creek. The concept has also been discussed with the City of Savage. AUAR Meeting January 24 , 1995 Page 12 4 . Next Meeting (Continued) Van Zee discussed the construction of an arch structure across Eagle Creek. He discussed the need for a permit to work in a protected area, a dewatering permit, and a nationwide permit to fill a wetland. He noted that the city and the DNR would need to work out a joint management agreement for Eagle Creek. Van Zee cited an additional concern about water quality standards and possible litigation if standards were not met. Van Zee also was concerned about the relationship between the AUAR and the City of Shakopee. Van Zee noted the existence of a 600-gallon per minute well that is not included in the study. The hope is that there be a joint powers agreement between Shakopee and Savage until such time that Shakopee has water available. Van Zee noted that he would prefer that his development have city services . He questioned when Shakopee might be offering water to this site. Ekola replied that it might be as long as 10 years away. Williams questioned the size of the development. Van Zee noted that the development would consist of 240 units at 1 . 14 lots per acre. Van Zee noted that with a 200 ' corridor, many lots would be lost. Brown asked if the corridor would be 200 ' on each side of Eagle Creek. Van Zee noted that the DNR would like 200 ' on each side. He noted that there is a big difference between what everyone would like to see. Ostenson asked if Trout Unlimited is concerned with just water quality or access to the creek as well . Van Zee replied that they are concerned with both. He noted that they have indicated that the 200 ' strip on both sides would alleviate any of their problems . Ring stated that the corridor needs to be studied to determine what the width should really be. A number of studies are being reviewed. Panel members and staff discussed. Ekola noted that there should be a response from Shakopee's legal counsel available at the next meeting. He discussed the Van Zee development in the city of Shakopee and the city' s review process . He noted that it could be a 4-6 month process depending on what applications are submitted and when. AUAR Meeting January 24 , 1995 Page 13 4 . Next Meeting (Continued) Van Zee discussed his concerns about areas of archeological potential, noting that most of those identified in the AUAR Study are on his property and fall within the proposed 400 ft. corridor. Balcom discussed the DNR's involvement in meetings with Van Zee, Trust for Public Land and Trout Unlimited. Williams questioned how solution of this issue would relate to adequacy of the AUAR. Panel members discussed steps to be taken from this point on and how much time should be spent. Ostenson felt that if Barr could address their concerns at the next meeting, several issues could be solved. Balcom stated that there needs to be enough specificity on the final mitigation plan and assumptions in order to move forward. King discussed the Fen Management Plan and the AUAR documents . 6 . ADJOURNMENT There being no further business , the meeting was adjourned at 12 :00 p.m. Respectfully—submitted, o Clare T. Link ti - 6-- ADOPTED AND APPROVED 2/3/95 .. AUAR ADVISORY PANEL MEETING JanaltrY 30, 19 9 5 _E B 0 61995 1. CALL TO ORDER The meeting was called to order at 7 :38 a.m. by Roger Williams . 2 . ROLL CALL Members present: Roger Williams, Minnesota Office of Dispute Resolution, Elliott W. Olson, Trout Unlimited; Lawrence Samstad, alternate, Lower Minnesota River Watershed District; Steve Eggers, Corps of Engineers; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Bill Penning, alternate, MN DNR; Lindberg Ekola, City of Shakopee; Nicholas Rowse, U.S. Fish and Wildlife Service; Scott Wallace, MN River Valley Audubon; Del H. Einess, Chamber of Commerce; Craig Affeldt, MPCA; Jon Westlake, Scott County Planning Director; Barbara Koennecke, Community Representative Members absent: Cyrus Knutson, Mn/DOT; Stanley Ellison, Mdewakanton Sioux Community; Klaas Van Zee, Van Zee Homes; Jeff Hazen, Sierra Club; Others present: Greg Fontaine, attorney for Karl and Linda Bohn Staff present: City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Consulting Engineer Bruce Bullert, Assistant to the Administrator Jean Gramling, and Recording Secretary Clare T. Link 2 . APPROVAL OF MINUTES The minutes of the AUAR meeting of 1/24/95 were approved as amended: 1. Page 1, Members present: Lawrence Samstad is the regular member; Nicholas Rowse, change to U.S. Fish and Wildlife Service 2 . Page 2, Item 3, second paragraph, last sentence: "She also indicated that she disagreed with some of the information in the plan. AUAR January 30, 1995 Page 2 2. Minutes (Continued) 3 . Page 3, first paragraph, add sentence: "She also expressed confidence in the use of the model by Ray Wuolo and the staff of Barr Engineering. " 4 . Page 3, paragraph 2 : change "wetlands" to "wetland. " 5 . Page 3, paragraph 3: change "1988" to "1983. " 6 . Page 3, paragraph 7 : change sentence to read: "King discussed eventually having the city's existing wells as backup water supplies when an alternative water source is developed for the community. " 7 . Page 4, paragraph 3: change first sentence to read: . . .commercial/industrial zoning along Highway 13 . . . 8 . Page 4, paragraph 3: change second sentence to read: " . . .a result of the use of road salt used on County Road 27 if constructed as proposed. " 9 . Page 4, paragraph 5: change first sentence to read: " . . .has been washed into . . . " 10 . Page 5, paragraph 1: change to read: " . . .is of the type requiring special protection and/or designation. Eggers stated that the calcareous fen community was not found in this area. King then asked if development in that area would be acceptable if the city conformed to the normal regulatory means, like the Wetland Conservation Act. Eggers stated that any proposed development must go through the alternative review of avoidance and minimization. He stated that there is a spring at the base of the bluff as well as Eagle Creek further to the west. " 11. Page 7, paragraph 2, 3rd sentence: change "grown" to "cut. " 12 . Page 7, paragraph 9, last sentence: " . .in the fen area that would occur if a bridge were constructed as part of the CSAH 27 project. " 13 . Page 8, paragraph 4: " . . .stated that Mn/DOT has initially determined that storm water from the Eagle Creek area can be directed to its facility at T.H. 101. Further discussion and study is required. " 14 . Page 9, first paragraph: change "refuse" to "groundwater recharge. " 15 . Page 11, 4th paragraph: add sentence at the end: He said that a concept was under consideration that would create a larger corridor along Eagle Creek. The concept has also been discussed with the City of Savage. 16 . Page 12, 3rd paragraph: add after first sentence: Van Zee noted that the development would consist of 240 units at 1. 14 lots per acre. AUAR January 30, 1995 Page 3 2. Minutes (Continued) 17 . Page 12, 4th paragraph: add: on each side of Eagle Creek. 18 . Page 12, 5th paragraph, 1st sentence: change "lake" to "creek. " 19 . Page 12, 6th paragraph, change last sentence to read: 4- 6 month process depending on what applications are submitted and when. 20 . Page 12, 7th paragraph, change to read: . . .noting that most of those identified in the AUAR Study are on his property and fall within the proposed 400 ' corridor. 3. BRW PRESENTATION William Weber, BRW reviewed a map showing the city's Alternate B plan with the Bohn's Alternate C plan sketched over it. He reviewed the differences between the two alternates . Weber stated that if the Bohn proposal is similar to Alternate B, it would negate the need to review a third proposal. He stated that in terms of its environmental effects, it would be similar. Traffic generated would be greater at the intersection of County Roads 27 and 16, but it would be minimal. Weber noted that the proposed location for the community center in the Bohn proposal includes a wetland area, but he felt that the design of the community center could take this into consideration. Under either alternative, wetlands would have to be protected under current requirements . The Bohn proposal has better transition between land uses . Overall, BRW feels that the Bohn proposal could substitute for alternative B. In response to a question from Nick Rowse, Weber replied that he didn't think that the Bohn proposal would put more pressure on the County to construct County Road 27 . Rowse asked if the actual traffic volumes were reviewed in alternative C. Weber stated that there would be slightly more congestion at CSAH 27/16 and CSAH 16/Highway 13, but in both cases, he thought that the results were that they were both still under capacity but were closer to capacity than they would have been with alternative B. AUAR January 30, 1995 Page 4 3. BRW Presentation (Continued) Rowse questioned if BRW has looked at the recharge in alternative C. Weber noted that Barr will address this issue. 8:00 a.m. Elliott Olson questioned the increase in traffic stated for Alternative B as 10, 800 and Alternative C at 18,000. He noted that the percentage increase of 6 .8% is incorrect. _ Weber believed that the 6 . 8% refers to the entire AUAR area. Olson also felt that the noise issue needs to be addressed. Tom Balcom asked if the community center would be in the vicinity of wetland 235 . Weber replied that the community center would be to the south of this wetland. Lindberg Ekola asked if there are any zoning restrictions in commercial areas for impervious surfaces . Heald replied that 30% open space is fairly common. Ekola suggested preparing a traffic study map similar to that made for Alternates A and B for the Bohn proposal. He noted that the maps show that there are slight increases in traffic from Alternate A to B, but they are not out of the norm. Williams asked if the success of the commercial development would depend on the extension of County Road 27. Weber felt that there would be less commercial development without the link to Highway 13 . Balcom asked if analysis was done on vegetation on and near the bluff line. Weber replied that they did not. Balcom was concerned about that area being zoned commercial. King noted that the long distance from where the recharge happens would not be affected by the Bohn proposal according to Barr Engineering. 4. BARR PRESENTATION Brian LeMon, Barr Engineering noted that the nature of the groundwater source to the fen is regional, and activity above the bluff line would not impact this area. AUAR January 30, 1995 Page 5 4. BARR PRESENTATION (Continued) LeMon discussed a draft summary of avoidance and mitigation measures . LeMon discussed the physical impacts on water resources and mitigation of impacts of development on water runoff to Eagle Creek. Scott Wallace stated that other time periods should be included in this section to look at other frequency occurrences. Craig Affeldt that typically catastrophic events cannot be designed for and was more concerned with other events . Williams questioned the design process. LeMon noted that an alternative is designed where all water would be routed away from Eagle Creek. Jon Westlake questioned if this was designed in the event of a back-to-back 10-year event. LeMon replied that it was designed as a 10-year event on frozen ground which is a very significant event. Lawrence Samstad noted that his analysis of rainfall frequencies over the last 10-year period shows that the analysis is out-of-date. 8:30 a.m. Olson questioned what percentage of flow in Eagle Creek is groundwater flow. LeMon replied that 95% of the flow in Eagle Creek is groundwater flow, noting that he would have to verify this percentage. LeMon discussed the mitigation impacts on Eagle Creek base flow and on Boiling Springs . He discussed the measures which should be taken and who would be responsible, how it would be done and when it would be done. In response to a question from King, LeMon discussed the construction of a storm water siphon. He noted that storm water is planned to be carried under Eagle Creek from one storm water detention pond to another without disrupting the creek and without dewatering the stream. Watermain standards would be used for this storm water syphon to prevent leakage and possible impact on the creek. AUAR January 30, 1995 Page 6 4. Barr Presentation (Continued) Balcom stated that the DNR should be included under the who category. LeMon discussed trenchless utility construction and how it has been used successfully in other parts of the country. Samstad noted that it has been used in the Minnesota River for telephone lines . He asked if jacking pits would be needed on either side. LeMon replied that would only be needed if jacking version of trenchless technology is taking place. Mr. LeMon preferred the use of other trenchless technology. Steve Eggers questioned what the depth of bedrock is under Eagle Creek. LeMon noted that the actual design would be needed. Wallace questioned what the conduit material would be. LeMon replied that it would be high density polyurethane. Jim Larsen asked if the ponds would be closer to the springs than 500 ' . LeMon noted that the intent is to keep them more than 500 ' away from the springs . Olson noted that there are areas where there are artesian conditions and questioned if the size of the ponds would change. He asked if borings have been done at these sites . Bullert discussed the levels of the various ponds . King stated that there is a possibility of having lined and unlined ponds . Olson asked if dewatering would be needed during the trenching process . LeMon stated that it would be recommended that jacking not be used which would require trenching. 8:45 a.m. Olson asked if it would be recommended that homes not have basements . LeMon noted that homes would be built above groundwater levels and, in some cases, basements would not be recommended. AUAR January 30, 1995 Page 7 4 . Barr Presentation (Continued) Olson suggested that a number of homes in this area could create a case of permanent dewatering and should pay a fee. He asked when the groundwater table is measured. Bullert replied that the highest groundwater level is the one that is used. He noted that a 4 ' separation provides for any fluctuation in the groundwater level. Balcom asked if trenchless technology proves unfeasible, what would be used. LeMon replied that other trenchless technologies could be utilized. Jacking or boring could also be used. Samstad noted that the use of trenchless technology might add costs for the developers and if it should be used. King stated that the city is suggesting that trenchless technology is being proposed because it is cost effective and will protect the natural resources. LeMon noted that the costs have been coming down annually as the technology improves . In response to a concern from Wallace, LeMon stated that he would not recommend jacking and discussed the procedure. Ekola asked how many crossings would be needed. Bullert noted that there would be sanitary sewer, one trunk, and one watermain. Olson noted that the AUAR stated that the ponding and conversion of water from Eagle Creek would take about 10% of the stream flow. LeMon stated that the portion of the stream flow from surface water runoff on an annual basis would be 5% and 95% from the groundwater. Olson asked if any studies have been done on what effect this would have on the temperature of the water. Break at 9 :00 a.m. Rowse questioned if Alternative C would be significantly different from a surface water standpoint. LeMon replied that he would get the information. King noted that we have touched on this issue in a number of ways . LeMon discussed mitigation of impacts of development on other wetlands within the AUAR study area. AUAR January 30, 1995 Page 8 4 . Barr Presentation (Continued) Balcom stated that the DNR would want to make sure that the avoidance and minimization steps are taken prior to mitigation. LeMon noted that it would be the intent to follow the Wetland Conservation Act. Ekola asked if the City of Savage is the LGU for the Wetland Conservation Act. Bullert replied that they are. Ekola noted that they would then be required to go through the sequencing process . LeMon discussed erosion and sedimentation. Ekola noted that development should be subject to these erosion measures and this should be included in the when column. Balcom noted that in some cases the DNR or MPCA would need to be involved in permitting for mitigation of impacts of development on other wetlands. Samstad noted that there is a transfer pipe from Shakopee to Savage in the Covington Ponds area. He asked if it would minimize the use of any ponds for storm water capacity or regeneration of groundwater. He questioned why this is not part of the AUAR plan. LeMon noted that the Shakopee addition is included in the discussion. Larsen asked how much flow is expected to go through Covington Ponds to the Minnesota River. Bullert discussed the study that was done of this area which is available for review. Larsen asked how much bounce there is . Bullert replied that there is a 4-5 ' bounce. Larsen noted that typically a 1-2 ' bounce is recommended. Larsen asked if the pipes that will be leading across Eagle Creek from ponds 2 and 3 would be larger than the normal conveyance systems . LeMon stated that the ponding and conveyance systems would be designed to reflect a major 10- year event. Bullert noted that the pond system is designed so that there is no runoff to Eagle Creek. Olson asked if the city explored any on-site groundwater storage systems . Bullert replied that the ponds are designed to handle the events, and the back yard ponding system would be used as a safety feature. Heald replied that he believed it is being looked at right now. AUAR January 30, 1995 Page 9 4. Barr Presentation (Continued) Larsen asked how large the ponds will be. Bullert replied that he was unsure of the sizes proposed. LeMon noted that the information would be available at the next meeting. Williams questioned whether it is the city's hope that this group will approve of this plan. King concurred noting that this document addresses mitigation measures raised in the AUAR study. Olson stated that it is difficult to concur as a group with the appropriateness of this document until the panel's comments have been addressed. He noted that he is still waiting to find out if there will be a drop in the water temperature of Eagle Creek. He felt that if the questions are answered in detail now, it will save a lot of time in the future. King replied that they are still in the process of preparing responses . Balcom noted that the DNR will have to review the mitigation information being reviewed today. King noted that the city's emphasis has been on providing strategies . Williams asked if it would be possible to address the comments as they relate to mitigation. LeMon noted that it could be possible. Balcom stated that it is difficult to address the storm water management ordinance when one has not been provided. King noted that the timing of preparation will be provided. Wallace had concerns about the accuracy of the figures relating to the reduction of hydraulic head. LeMon will provide a response at the next meeting. Olson asked -if the city is doing anything in response to Rowse's letter. King replied that some of it is addressed in Appendix A. LeMon discussed water quality and surface water runoff of mitigation of impacts of temperature and nutrients to Eagle Creek. Larsen noted that other methods besides the NURP program can be utilized. It should be up to the city and developers to determine what method they wish to use. AUAR January 30, 1995 Page 10 4. Barr Presentation (Continued) Wallace asked if the 5% surface water runoff from Eagle Creek would be eliminated. LeMon replied that a good portion of it would be. Olson asked if there would be any way to get the Shakopee storm water diverted from Eagle Creek. Ekola replied that they would look into it. 9 :45 a.m. Ekola noted that the City of Shakopee might very well be included in all the who columns . Panel members discussed who would be responsible for the corridor both in Savage and in Shakopee. Olson stated that the developer would like to put in covenants that would ban certain chemicals from lawns to prevent pollution. Ekola noted that Shakopee would anticipate an agreement with the DNR which would address this issue in the open space. Williams questioned if there is a practical way to enforce this with homeowners. Balcom stated that the best way to enforce this would be through a homeowners ' association. King stated that there is an administrative difficulty to enforce this issue. Westlake noted that the best way to enforce this would be through education of the homeowners ' association. Panel members discussed enforcement of this issue and education that is needed to inform residents . Wallace noted that an additional action step should include who would monitor the temperature of the creek under water quality and surface water runoff. 10:00 a.m. LeMon discussed mitigation and impacts to other wetlands . Wallace stated that monitoring of the wetland quality should be added. Rowse stated that this section should state that it does not include the Savage Fen area. AUAR January 30, 1995 Page 11 4 . Barr Presentation (Continued) Larsen asked if the assumption is that storm water runoff will be pretreated. LeMon replied that the intent will be to treat any water that goes into wetlands . 10:15 a.m. Wallace asked if there would be any buffers around wetlands . Heald replied that there aren't any. He discussed the city's storm water ordinance which would address buffers . King stated that there has been discussion that one way to keep affordable housing out of the city is to buffer wetland areas . LeMon discussed the mitigation of impacts to fish, wildlife and ecologically sensitive resources by the city and the DNR. Wallace questioned how wildlife would relocate to other areas given the proximity of T.H. 101. Weber stated that it has not been addressed how they will get across . He also noted that a wildlife inventory has not been provided. Bill Penning, DNR stated that the city will want to do something to control the deer population. He discussed the DNR's concerns about a catch and release program for Eagle Creek. Rowse asked if there is a box culvert going under T.H. 101 to the reserve area. Bullert replied that there is, and it is totally open. He noted that it is 10 ' x 10 ' . Penning noted that this is large enough for deer if they can see the other end. Larsen asked if the city would require a gross survey of developments to see if there are protected species of plants and animals in the area prior to development. Heald stated that the AUAR does address rare and endangered species in the fen area. He stated that there isn't any information which notes reported findings of protected plants and animals elsewhere in the study area. 10:30 a.m. Larsen pointed out that this is addressed in the EAW and EIS process but is not addressed here. Williams questioned if developers would be responsible for this. Larsen replied that the city would be responsible to require that the developer do this . AUAR January 30, 1995 Page 12 4. Barr Presentation (Continued) Panel members discussed the identification of rare and endangered species in the area. Wallace asked if a tree inventory is required by the city. Heald noted that a tree ordinance is in draft form, and a tree inventory is required. It was noted that the presence of historic trees in this area should be noted in a separate column and be renamed something other than historic . Larsen discussed the importance of buffers around wetland areas . Rowse suggested that preservation of future and existing "snags " (dead trees) be addressed which serve as nesting areas for birds . LeMon addressed the mitigation of solid and hazardous waste impacts through education. Wallace questioned if the Fabcon landfill would be addressed here. He questioned what would be done with this site. Heald replied that it is outside of the AUAR study area and believed that it was no longer in use. It is also downstream from any of this area. 10:45 a.m. Affeldt noted that MPCA wouldn't be the first line of enforcement for garbage haulers. LeMon noted that the MPCA is included because of the hazardous waste issue. Williams suggested that the County be added under the who column. Recycling will be included as an action step. Affeldt suggested that it be made a broader statement. LeMon discussed the mitigation of traffic impacts from Alternate A which included the reconstruction of several roads in the area. Weber noted that any traffic impacts as they affect wetlands should be a concern of the panel. Williams stated that the environmental impacts of the extension of CSAH 27 are also a major issue of concern with the panel. Rowse noted that he would feel uncomfortable with discussing the Highway 13/CSAH 27 intersection, because it is assuming that it will be constructed. AUAR January 30, 1995 Page 13 4. Barr Presentation (Continued) Panel members discussed the extension of CSAH 27 to Highway 13 . King stated that the city is assuming that it will be constructed. LeMon discussed the mitigation of traffic impacts from g P Alternative B and resulting reconstruction. Williams questioned whether Alternative C would require the same improvements as Alternative B. Weber replied that would be the case. Panel members discussed the improvements proposed in this area. Olson suggested that noise studies be done before roads are improved. Weber noted that this would be addressed when necessary. Rowse stated that he is not convinced that Alternative C would not have a difference in traffic. Weber stated that the actual physical construction is approximately the same. Rowse asked if there would be the need for additional widening or signalization. Weber replied that signalization cannot be addressed at this time. Koennecke questioned if it is based on the 6 . 8% being accurate and if the traffic volumes would be different if this number is inaccurate. Weber stated that it will be reviewed for accuracy. Koennecke was concerned that Alternative B and Alternative C would require different road configurations. King asked if the concern with congestion is clustered around peak occurrences . Weber replied that it is . LeMon discussed mitigation of vehicle-related air emissions impacts and the indirect source permit program. Weber discussed how the program works . Wallace asks who submits the plan. Weber replied that the city submits it on behalf of the developer. It was noted that the MPCA enforces air quality standards through review of this plan. LeMon reviewed minimization of fugitive dust impacts during construction. AUAR January 30, 1995 Page 14 4 . Barr Presentation (Continued) Williams asked if this was just highway-related construction or all construction. Weber replied that it should refer to all noises . Westlake questioned whether it would be appropriate to cease operation during periods of high winds as an action. Larsen questioned enforcement of this action. LeMon noted that, typically, the city would be involved. King believed that it is enforced informally through discussions between the Engineering Department and the developer. Ostenson discussed steps that developers take during periods of high winds to keep dust down. Penning felt that watering would be more practical than ceasing of construction. it would need to take into consideration the use of any chemicals used when the watering takes place. Samstad felt that the contractor should be required to use some kind of Best Management Practice (BMP) when high winds are predicted. King suggested that cease construction be changed to modify construction. Affeldt felt that haul roads should be watered frequently, especially if there hasn't been any rain recently. He suggested that Item #2 under actions be rewritten to state, "periodic watering of roads around construction sites. " Penning discussed his concern about trucks that are uncovered. LeMon discussed the mitigation of construction and traffic noise impacts . Wallace questioned how less sensitive land can be located. Weber explained how it can be achieved through land uses . Panel members discussed the construction of noise barriers during road construction. LeMon discussed the mitigation of impacts archeological, historical and architectural resources. AUAR January 30, 1995 Page 15 4. Barr Presentation (Continued) Wallace stated that the developer and highway department should also be involved. Penning stated that the city should also be added. Williams asked if large trees should be included in this area. Weber stated that the trees should be included in a rare and endangered species section. Olsonquestioned if this is agreeable with the Mdewakanton g Sioux Community. King replied that it is consistent with conversations held with them. Greg Fontaine stated that steps need to be made to assure that the trees on the Bohn property not be designated as "historical" trees, because they are on their private property. Samstad stated that it needs to be decided very early on what the archeological requirements are in this area to avoid areas of conflict later on. Weber stated that the city will prepare a survey that follows guidelines set forth by the Indian Affairs Council and the State Historic Preservation Office. King noted that there are sites which have been identified in the corridor area. Weber noted that research was done and a walk through of the site, but no shovel testing has been done. Larsen asked if a phase one study would be required on the entire AUAR area. Weber replied that generally, the area along the creek would be reviewed. Penning stated that another action should be included to address access to these sites if on public property. LeMon discussed the mitigation of visual impacts which addresses the preservation of old buildings, vegetation, and trees . Ostenson was concerned about preserving old farm buildings just because they're old and who would make the determination. King noted that buildings on land in private ownership would be under the jurisdiction of the property owner. AUAR January 30, 1995 Page 16 4. Barr Presentation (Continued) Ostenson questioned why windbreaks and hedgerows should be preserved. Weber stated that preservation of these areas enhances the area. Ostenson noted that they often occur on property lines . He felt that it could be evaluated in a grading plan, and the city could solve it. Rowse questioned if there is a proposed public park. King stated that a park area is proposed near the water storage facility. 11:45 a.m. Williams asked if there are bluff top views that need to be considered or preserved. Wallace suggested that something be included on scenic views both ways . Heald noted that the setback from the bluff is 40 feet. Larsen discussed requiring consistent coloring of buildings that are constructed along the bluff, similar to Eden Prairie and Bloomington. LeMon discussed management of the Eagle Creek Corridor. Ekola noted that the Shakopee Public Utilities Commission should be added under the who column. Olson stated that the Mdewakanton Sioux has requested that Boiling Springs be open to them on occasion and should be included in the who column. Samstad noted that the LMRWD should also be included. Wallace questioned if there is a specific office/industrial park noted in the AUAR. King replied that there is . Panel members discussed the shoreland requirements along Eagle Creek. King noted that an absolute commitment to a 200 ' corridor on either side has not been made at this point. Penning noted that they are moving in that direction, however. 5. MISCELLANEOUS DISCUSSION Penning stated that the Fish and Wildlife division of the DNR has reviewed the Fen Management Plan and takes exception to any development in this area. AUAR January 30, 1995 Page 17 5 . MISCELLANEOUS DISCUSSION Heald questioned Penning if he is referring to the expansion of CSAH 27 as being development in the fen. Penning replied that he was . Penning stated that the DNR has the authority to regulate any activity that would directly affect the calcareous portion of the fen area. Williams asked when the DNR would be prepared to present to this group and if it would be a waste of time to continue with discussion of Appendix A. He questioned when the DNR will determine what regulatory authority they have. Penning stated that the group can review Appendix A, but the Fish and Wildlife Division of the DNR cannot agree with it. King noted that the Fen Management Plan was prepared with the DNR. Heald pointed out that the only development that is being considered in an area near the calcareous fen wetland complex is CSAH 27 . Olson suggested that the City and DNR get together and work out a solution. Westlake stated that the County Highway Department should also discuss why the road is being proposed where it is . Penning stated that the Fen Management Plan is a separate permitting action by the DNR and has been linked to the AUAR. Williams discussed two choices the DNR has, either to close the door on all development, or state what they will allow in the fen. Williams reviewed issues on the table for further discussion. King stated that he needs to hear from the DNR why these things won't work. Ekola stated that it is important to move forward on the AUAR review, because there are other issues. King suggested working on everything else except County Road 27 . Penning felt that the zoning in the fen area is also an issue. He felt that they could try to address the other issues. Rowse stated that he has a major opposition to the city's assumption that County Road 27 will be extended. AUAR January 30 , 1995 Page 18 5 . Miscellaneous Discussion (Continued) Westlake requested that panel members receive a copy of the original Memorandum of Understanding from the DNR. Williams discussed the importance of making a decision instead of stalling on the issue. 6 . AGENDA FOR NEXT MEETING Williams suggested that panel members review Appendix A prior to the next meeting. King noted that comment responses will be provided at the next meeting. 7 . ADJOURNMENT There being no further business, the meeting was adjourned at 12:25 p.m. Respe fu s • . 't • T ‘.41117)1 Clare T. Link MT-C9c ADOPTED AND APPROVED 2/9/95 AUAR ADVISORY PANEL MEETING February 3, 1995 1. CALL TO ORDER The meeting was called to order at 7 :35 a.m. by Roger Williams. 2 . ROLL CALL Members present: Roger Williams, Minnesota Office of Dispute Resolution, Joe Reinemann, alternate, Trout Unlimited; Klaas Van Zee, Van Zee Homes; Lawrence Samstad, Lower Minnesota River Watershed District; Steve Eggers, Corps of Engineers; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Bill Penning, alternate, MN DNR; Stanley Ellison, Mdewakanton Sioux Community; Lindberg Ekola, City of Shakopee; Nicholas Rowse, U.S. Fish and Wildlife Service; Scott Wallace, MN River Valley Audubon; Lawrence Zdon, alternate, MPCA; Jon Westlake, Scott County Planning Director; Barbara Koennecke, Community Representative Members absent: Del H. Einess, Chamber of Commerce; Craig Affeldt, MPCA; Elliott Olson, Trout Unlimited; Cyrus Knutson, Mn/DOT; Jeff Hazen, Sierra Club Staff present: City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Consulting Engineer Bruce Bullert, and Recording Secretary Clare T. Link 3 . APPROVAL OF MINUTES The minutes of the AUAR meeting of 1/30/95 were approved as amended: 1. Members present: Move Craig Affeldt from absent to present. 2 . Others present: Greg Fontaine, attorney for Karl and Linda Bohn 3 . Page 2, Item 10, revise 2nd to last sentence to read, "Eggers stated that any proposed development must go through the alternative. . . " AUAR February 3, 1995 Page 2 3 . Approval of Minutes (Continued) 4. Page 3, paragraph 3: change sentence to read: " . . .in the Bohn proposal includes a wetland area. . . " 5 . Page 4, 5th paragraph: add the word "development" after the word "commercial" (in 2 locations) . 6 . Page 5, paragraph 7, second sentence: change to read, "He noted that storm water is planned to be carried under Eagle Creek from one storm water detention pond to another without disrupting the creek and without dewatering the stream. Watermain standards would be used for this storm water syphon to prevent leakage and possible impact on the creek. 7 . Page 5, paragraph 8, second sentence: "LeMon discussed trenchless utility construction and how it. . . " 8 . Page 5, paragraph 9, 3rd sentence: " . . .only be needed if jacking version of trenchless technology is taking place. " 9 . Page 5, paragraph 9, 4th sentence: "Mr. LeMon preferred the use of other trenchless technology. " 10 . Page 7, paragraph 4, 2nd sentence: " . . .of the stream flow from surface water runoff on an annual basis would be 5% and 95% from the groundwater. 11. Page 8, 3rd paragraph: change 2-3 ' to 1-2 ' . 12 . Page 9, 8th paragraph: change "base flow" to "surface runoff" 13. Page 11, 4th paragraph: change last sentence: "which notes reported findings of protected plants and animals elsewhere in the study area. " 14 . Page 15, 3rd paragraph: change 1st sentence: " . . .set forth by the Indian Affairs Council and the State Historic Preservation Office. " 4 . DNR GOALS FOR SAVAGE FEN Tom Balcom discussed the DNR's short term goal to correct existing problems and ongoing degradation in the Savage Fen area. Over the long term, the goal is to restore fen features that have been degraded by past land use practice. He noted that the DNR does not currently agree on how to proceed with achieving the short term and long term goals . He noted that meetings have been held and will continue to be held to discuss the fen issue at the DNR, and information will be brought back to the panel members . AUAR February 3, 1995 Page 3 4. DNR Goals for Savage Fen (Continued) King asked if anything else within the entire study area is on hold while this issue waits to be resolved. Balcom replied that it doesn't have any direct effect on the rest of the AUAR study area. Ostenson asked what would be accomplished in the next month. Balcom replied that the major issue of whether development can occur in the Savage Fen area has to be resolved. He noted that the Savage Fen Management Plan has to be approved by the DNR. He agreed that review of Appendix A would be helpful to the DNR. Samstad asked if recommendations of this committee will be used and considered with some weight by the DNR. Balcom stated that what comes out of this panel will certainly be considered by DNR staff and will have weight. Samstad asked if the Corps , as the enforcement "arm" for the EPA, would have the same attitude. Eggers replied that he is unable to speak for the EPA. He stated that the Corps would give great weight to an adopted comprehensive land use plan and other land use permits in the future. He noted that they may not issue every permit that is requested. He noted that the Corps has to take an impartial stand on issues that could involve future permit applications . He believed that the EPA would also give great weight to an adopted comprehensive land use plan. 8:00 a.m. Williams stated that if one accepts the fact that the DNR must approve the Fen Management Plan, then the process we are going through is the only one that can be gone through. King stated that the city recognized that the DNR has the final approval on the Fen Management Plan. He stated that he would like more input and got the impression at the last meeting that there was objection to it. Ostenson asked what the role of the comprehensive plan is . King noted that some elements have been revised. He stated that staff wanted this panel to provide their comments prior to the revision of the plan. AUAR February 3, 1995 Page 4 4 . DNR Goals for Savage Fen (Continued) In response to a question from Ostenson, Eggers noted that the Corps would use this document as part of their permitting process . Balcom noted that the DNR hasn't ever supported development in the Savage Fen area, but that doesn't mean that they won't ever support it. King questioned what the DNR means by development and whether it is applicable to the Savage Fen complex or just the calcareous fen area. Balcom replied that this is still to be determined. King stated that an urban standard road is proposed for the County Road 27 expansion. Rowse stated that the U.S. Fish and Wildlife Service is still opposed to a bridge over the fen area. Van Zee questioned the timing for completion of the AUAR and the city's comprehensive plan. Heald replied that this process must be completed first. Upon finalization, staff will develop a land use narrative including environmental protection elements . Van Zee questioned if the AUAR can be approved without the amending of the comprehensive plan. He understood that the EQB will not approve this unless the AUAR meets the city's comprehensive plan and questioned the timing of these approvals . Larsen stated that Met Council would have to recommend approval for adoption. He discussed the plan that was approved in 1990 to increase the MUSA area by 2410 acres . He stated that the plan proposed in the AUAR document is not consistent with the current plan. Van Zee questioned the timing. King replied that things are happening on parallel tracks and discussed the process taking place, extension of services into the MUSA expansion area, and steps being taken for a final process . In response to a question from Van Zee, Larsen noted that the Met Council has 90 days to review the amended plan. King distributed a list of associated environmental protection strategies and their status . He also made available a map of AUAR February 3, 1995 Page 5 the wetland complex area and property owners. Rowse noted that the map is out-of-date, and the U.S. Fish and Wildlife Service now owns the entire Formanek area. Eggers noted other changes which should be made to the map. AUAR February 3, 1995 Page 6 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Randy Duncan, Barr Engineering discussed reductions in hydraulic head in the fen area which are noted in Appendix F in the Fen Management Plan. 8:30 a.m. Eggers stated that the range should go from .25 to . 6 in the fen complex area. Duncan reviewed construction activities in the Savage Wetland Complex and possible mitigation measures . He noted that there are areas where construction should not be permitted. Duncan reviewed the map of the fen wetland complex and the location of the calcareous fen area. Rowse noted that the map is not up-to-date and noted that the area to the west has been filled and developed. Eggers noted that the map is 10 years old. Duncan stated that before any construction can occur, plant species must be identified. Wallace asked who would be chosen to do the biological survey. Duncan stated that would need to be determined. Wallace discussed steps which should be taken before a survey is done and questioned if the city would be pursuing having a county survey done. King questioned that there are other agencies which should fund this survey. He noted that there are private properties in this complex area which cannot be surveyed. Eggers stated that the Corps of Engineers would assist in doing a plant survey. In response to a request from Balcom, Eggers compared the two complex maps . King questioned if there is any legal basis for compelling a landowner to not develop in a calcareous fen area. Duncan replied that it is protected by law. King discussed the ban on development in this area. Wallace suggested looking at this issue differently and that it should be put to the voters in a referendum to purchase and protect. King discussed the prohibitive cost. Eggers stated that 100 acres of the wetland complex area has been filled since the 1930 's. He noted that the Corps has jurisdiction over all wetlands . AUAR February 3 , 1995 Page 7 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Eggers discussed steps that have been taken in this area by the U.S . Fish and Wildlife Service to protect this area. King stated that there is no way to prohibit development in some areas if a landowner brings in a plan and goes through the regulatory process . Balcom noted that a permit denial does not render the land useless . Wallace felt that measures to protect this natural resource must be taken. Properties should be bought. Duncan stated that another issue is the indirect impact on the calcareous fen. Balcom asked if mitigation measures would apply to private development. Duncan replied that they would in some cases . He noted that it is Dr. Leete's opinion that this may not be the most final management plan that is written. Private projects may require an addendum or their own management plan. Ekola questioned how effective the Wetland Conservation Act has been in controlling the wetland areas . Duncan felt that it is very effective in areas that are classified as high quality wetlands . Rowse stated that he doesn't think anyone knows how effective the Wetland Conservation Act has been. Van Zee felt that it has been very effective, from a developer's standpoint. He discussed design processes which were used to avoid wetland areas . He stated that it is a "pocketbook" issue. Sometimes, the loss of a lot is less costly than the 120 days of waiting. Ekola suggested that the wetland types be noted on the wetland complex map. He discussed that the Wetland Conservation Act had significant impacts on developments in the city of Shakopee. Westlake noted that mitigation in unincorporated areas has declined and wetland avoidance has increased since the Wetland Conservation Act went into effect. AUAR February 3, 1995 Page 8 5. APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Williams questioned specific language in the document and whether "directly impacts" should be used, who will determine if a community can be restored, and if it is important to determine who is going to do it and who is going to pay for it. He stated that the language may need to be more precise in order to work. 9 : 15 a.m. Rowse stated that the fen wetland complex should have one comprehensive plan. Duncan questioned who would pay for it. Eggers discussed direct impacts which the Corps would consider: filling, excavating, flooding, drainage, and vegetation removal. Williams asked if a project that would change hydraulic head would be considered. Eggers replied that it would. Ekola stated that the plan and mitigation steps can help to guide this area. King questioned how limits can be set on direct impact to the calcareous fen. Ekola felt that a boundary map might be helpful which would indicate where mitigation measures apply. Samstad noted that mitigation, filling and vegetation removal could be identified. Ekola stated that it would be helpful to know what regulations are already in effect. Panel members discussed how a biological survey should be conducted in the fen area. Wallace felt that the survey has already been completed for the calcareous fen area. Eggers stated that it has been completed. He stated that other areas surrounding the fen may need to be surveyed more thoroughly. Rowse stated that he would prefer a county biological survey of this area. Penning noted that surveys are dependent upon funding. King noted that a survey will be necessary when developments are proposed and go through the permitting process . AUAR February 3, 1995 Page 9 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Koennecke stated that impacts are not always bad and adverse impacts should be prohibited rather than direct impacts . It was the consensus of the group to add the word adversely Break at 9 :40 a.m. Panel members discussed impacts to the fen area and the definition of impacts . Language will be drafted to make it clear that this would include projects outside of the footprint of the fen area that would still have adverse effects . King stated that any addition of impervious surface could be argued to have an impact. Panel members discussed language to eliminate "directly. " Duncan discussed minimizing impacts in other areas within the Savage Fen wetland complex. He noted that the focus is on city projects; however, others may apply. Wallace questioned whether areas could be used for roads and mitigation. Duncan replied that areas which will not be used can be restored. An example would be a haul road which will not be upgraded that can be restored to its original condition. Zdon stated that the fact that something has been previously disturbed is not reason to cause more harm. Duncan stated that the intent is to provide guidance to what areas should be looked at. Wallace noted that there are reasonable uses other than restoration. Duncan discussed the city's review of grading plans to minimize impacts . He discussed other ways to minimize impacts when dewatering. Balcom stated that care should be taken when dewatering during the non-growing season that a freezing out is not caused that will cause a permanent killing, and the area recovers prior to the growing season. AUAR February 3, 1995 Page 10 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Samstad stated that the watershed district should also be included as a responsible party. He noted that the fen area is. included in the Lower Minnesota River Watershed District. 10 :30 a.m. Duncan discussed backfilling with native material in the area. Balcom noted that it may not be appropriate in all cases . Duncan discussed utilizing Best Management Practices (BMP's) to control erosion and sedimentation. Rowse suggested that the BMP be attached to this document. Duncan discussed development within the MUSA expansion area. Heald noted that this encompasses the AUAR study area. Duncan noted that some activity where groundwater contamination could occur should not be permitted. Wallace questioned if impervious surfaces are addressed on top of Glendale Bluffs in this area. Duncan stated that what is being proposed will not have a significant impact on this area. Eggers stated that he is in disagreement that the recharge rates of the Glendale Bluffs area are insignificant as noted on the bottom of page three. Williams asked how his disagreement correlates with mitigation measures . Eggers stated that there has to be a focus on development on the bluff area and 30% impervious surface may be too much. Panel members discussed a ponding system that would maintain quality and quantity. Restricting commercial or industrial activities on the top of the bluff to preserve groundwater quality in the Savage Fen Wetland Complex was discussed. 10:45 a.m. Panel members discussed including a distance under actions . Bullert discussed the soil conditions due to their silty clay nature which does not allow for minimal percolation. AUAR February 3, 1995 Page 11 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Dunbar discussed water supply alternatives. Activities in other communities can impact the Fen. A study being done will be available later this year. Hutton discussed cities which are included in the study. He noted that Bloomington and Eden Prairie have elected to not participate in the study. Samstad stated that Kramer should be added in the "who" category. Hutton discussed the need for alternative water sources for Savage. Balcom asked if the 800-gallon well at the southern limits of the city is an existing well. Hutton replied that it is not an existing well. Duncan discussed the management of surface water runoff, noting that this would mainly apply to the gravel pit owner in this area. Samstad stated that Scott County should included under the "who" category. Rowse stated that BMP's should also be included under actions . 11:00 a.m. Williams asked when the alternative water supply would be completed. King noted that it is included in the list distributed earlier. Duncan discussed the need for the city to complete a comprehensive storm water management plan which is currently underway. Duncan discussed restoration and management of the Savage Fen Wetland Complex. Actions include removal of fill material to restore the areas back to their native condition. He stated that there isn't any regulatory authority to require that this be done unless the fill has been placed there illegally. Ekola stated that the city can encourage the developer through the development agreement process . AUAR February 3, 1995 Page 12 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Zdon stated that MPCA has required that the gravel pit restore eroded areas . Rowse stated that USFWS should be included under the "who" category rather than USFW. Zdon stated that MPCA should be included under the "how" category. Balcom stated that it should state that restoration will occur whether or not CSAH 27 is a reality. It was also suggested that CSAH 27 be changed to read "city and county projects. " Eggers suggested that restoring hydrology also be included as a method of restoration. Eggers discussed restoration attempts in the fen area. In response to a question from Williams, Eggers stated that a backup condition should be to restore wetlands . He stated it would be difficult to restore the calcareous fen plant communities, but this should be a general goal. 11: 15 a.m. Westlake stated that the county highway department should be notified of the proposed mitigation plan. Duncan discussed maintaining restored areas . He stated that this is consistent with the Wetland Conservation Act. Eggers noted that five years is a very short time period to restore a plant community. Duncan noted that whoever restores the area would have responsibility for maintaining it as well. King stated that there should be a separate action to restore hydrology. He also stated that there should be a section dealing with delineating where in the complex restoration will take place in line with the DNR's long term goal. Williams suggested that this information be brought back to a future meeting and include other mitigation measures to achieve this goal. AUAR February 3, 1995 Page 13 5 . APPENDIX A - SAVAGE FEN MITIGATION MEASURES REVIEW Wallace questioned if panel members will receive a copy of an amended appendix. Panel members discussed this and other changes which will be made. 11: 30 a.m. Larsen was concerned about whether there are rare or significant plant species to the west of Highway 13 . He was also concerned about the differences in mapping from 1985 to 1990 and the amount of calcareous fen, the need for a map showing the area west of Highway 13 . He asked if there needs to be a process to upgrade the initial mapping to identify "red flag" areas . Duncan stated that information is available now which states what makes up a calcareous fen plant community. The calcareous fen area has changed from 1985 to 1990 . He stated that you can never have a map that will show what is happening out there right now, because it would have to be upgraded continuously. A thorough plant survey would be very costly and time consuming. King stated that the statement was made at a previous meeting that there aren't any protected wetlands to the west of Highway 13 . Rowse disagreed, stating that the Corps of Engineers has not looked at this area. Eggers stated that he has looked at the eastern 1/4 of that area. The area to the west of Highway 13 has not been surveyed adequately. 11:45 a.m. Eggers suggested that this area be relooked at to remap the area using the new definition of calcareous fens being adopted under the Wetland Conservation act. Williams suggested that it be incorporated as an action step. 6 . AUDIENCE QUESTION/COMMENT PERIOD Greg Fontaine, attorney for Karl and Linda Bohn stated that the Fen Management Plan and the AUAR process are two distinct things . He stated that the DNR's right to approve the Fen Management Plan does not give them the veto authority over the AUAR process . He urged the city to have a comprehensive fen management plan as part of the AUAR process . He urged the DNR does not give them the right to stop the AUAR process . AUAR February 3, 1995 Page 14 6 . AUDIENCE QUESTION/COMMENT PERIOD Fontaine commented on Appendix A of the mitigation plan and prohibiting projects . He stated that there is no legal basis for prohibiting projects outside of the calcareous fen area. He noted that all the language not dealing with calcareous fens should be moved out of Section 1. 1. 1. 1 . Fontaine commented on Section 1. 1. 1.2 and possible litigation. He stated that there is no legal basis for restricting projects on top of the bluff area. Fontaine discussed the mining area and concern about hearing that they are in dispute with MPCA of which they were unaware. Fontaine stated that the document should note that there are private property owner rights . He requested that the group be sensitive to this issue. 12:00 p.m. 7 . NEXT MEETING King discussed topics left to be reviewed by members of the panel . Future meeting dates were discussed. The Tuesday, February 7 meeting will be postponed to later in the week. Thursday, February 9, and Friday, February 17 were the dates selected for the next two meetings . The meeting agenda was discussed. The agenda for the meeting on February 17 was reviewed. King noted that they are interested in hearing what the issues are with the expansion of County Road 27 . Larsen stated that he is interested in hearing what the impacts would be of alternatives to County Road 27 and if there are other routes. King stated that there is an outline of alternatives and why they won't work which can be discussed at this meeting. 12: 15 p.m. Williams questioned if there are specific decision points which should be determined prior to the end of these meetings . King stated that the group is proceeding as was originally envisioned. AUAR February 3, 1995 Page 15 7 . NEXT MEETING Williams asked if the group believed that a number of comments have been addressed in the mitigation document. Balcom stated that the assumptions of the AUAR and the panel should strive for consensus on the mitigation plan. Koennecke questioned whether there is authority to prevent projects outside of the calcareous fen or not based on what she has heard. She was concerned that the group's conclusions could be different based on this issue. Westlake suggested a legal opinion from the city's attorney. Williams suggested that written comments from the Bohn's attorney be given to the city's attorney. King felt that language should be changed in the mitigation from "prohibit" to "regulate. " Fontaine noted that this is his point. He noted that he would be happy to discuss his clients ' concerns with the city's attorney. 8 . ADJOURNMENT There being no further business, the meeting was adjourned at 12:27 p.m. Respectfully _submitted, C Clare T. 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CI H. cr • n xx Q XO co. H 0rox � zaz) -zoo a H [r1 kxiro Cxz 1-3 tri H tr1 s 0 0 0 0 : '"' o 0 0 0 o 0 o CD X • ro H H • zar� . fnC • O O O 0 0 0 0 0 O 0 - O 0 w c c ar� -o H i Z N No z Cow o o to to C HO 0 o to cn o o -3 J 0 o O o o o CD CD o 0 0 0 tri >4 PO rotri to 7 ro z a z0 0 - o o C�r1 N _ - O O CD O O N O 0 O O ) C t=) n C H Cr) z W to r 1) )r) H a ro Z H C H 0 H Z 0 H r m -v) tri (n 01 > H ro m L-1 Z > CO m tr7 tri a O o n O > Cr] H to >C H ro � O t!) 'lJZO tn � o CrJ H CO • n 30 w ttr) >I O rOz PE) moo rxCI] rO z 01 3CI) t H Cr) to 0) N CEJ ;iy •-G -fn xn • N ro H H co CrJC • w z > cJ m • H Cr] to 01 IJ C - C In .7J 0 0 H H [xi w C H Co n r 0.1 o t., •_l w co tU v 'c) M Z ry a in b) z • C H _ _ O MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce A. Loney, Public Works Director SUBJECT: Easement Acquisition for Sarazin Street Correspondence from James F. Campbell Council 1685 Home Association DATE: February 21, 1995 NON-AGENDA INFORMATIONAL ITEM: Attached to this memo is a letter from Neil D. Heikkila, attorney who is representing the James F. Campbell Council 1685 Home Association (Shakopee Knights of Columbus) to City Council on the easement acquisition for Sarazin Street. A copy of this letter was received by staff on February 16, 1995, after the Council memo request for authorization of condemnation proceedings for Sarazin Street and Roundhouse Street Improvement Project. Staff has not had adequate time to review the correspondence. Mr. Heikkila is requesting that the position of the Home Association, as stated in his letter, be reviewed and placed on the record. He also is suggesting that a meeting be held between the Association and City Council after staff has reviewed the letter and provided input to Council. Staff intends to review the letter and comment on the requests as soon as possible. • NEIL D. HEIKKILA NEIL D.HEIKKILA LAW OFFICES,P.A. Attorney at Law 903 Mainstreet NEIL D. HEIKKILA Hopkins, Minnesota 55343 MAIL RESPONSE TO: Attorney (612)935-2265 P.O. Box 5445 DIANE KETCHER Hopkins,MN 55343 Legal Assistant CATHY NUMMELA P.O. Box 442 Moose Lake,MN 55767 Legal Assistant February 15 , 1995 CITY COUNCIL CITY OF SHAKOPEE 129 SOUTH HOLMES STREET SHAKOPEE, MN 55379 Re: Proposed Easement Acquisition for Sarazin Street City Project No. 1994-10 OSM Project No. 5511. 00 Dear City Council: I have been retained by James F. Campbell Council 1685 Home Association to advise and provide legal representation to the Home Association in connection with the above-referenced project and the proposed taking of property owned by the Home Association. I understand that the project is on the agenda for February 21, 1995. I have been authorized and directed to advise you as hereafter set forth in this letter. First, the Home Association opposes the proposed taking of a 40-foot permanent and 20-foot temporary easement along the west side of its property as being unnecessary, in the belief that other alternatives could and should be considered. The Home Association believes that the damage to the property the Home Association far exceeds any, if any, public benefit. My client and I have reviewed the January 25, 1995 communication from Bret A. Weiss, P.E. , Acting City Engineer, which communication outlines the results of the recently completed City appraisal and sets forth a proposed City offer for consideration by the Home Association. Our concerns include the following: A. We have not been provided a copy of the actual appraisal, but merely an outline. We would like to receive a copy of the appraisal as it applies to the Home Association property. We understand that the City Council on October 18th authorized Peter Patchin & Associates, Inc. , to prepare appraisals at a cost of $3 ,500 to be used to negotiate with property owners, or for condemnation hearings if required. MOOSE LAKE OFFICE: 491 Arrowhead Lane, Moose Lake, Minnesota .55767 — (218) 485-8342 Page 2 February 15, 1995 We request that we be provided a copy of the actual appraisal applicable to the Home Association property. B. We question the valuation for the total site of $313 ,800 as quoted in the Weiss communication. No details as to how the figures were arrived at are included within the communication, but it appears that it is based on the taxable market values proposed for 1995. It is recognized that the taxable valuations are generally less than the actual fair market value. An appraisal for purposes of condemnation should go beyond what has been proposed for tax purposes. C. The Weiss communication does acknowledge that the appraiser noted that " . . .the overall project may or may not enhance the value of the property. " If the City cannot establish that there will be a direct benefit (increase in value) from the project, the City should not assess the Home Association for any of the proposed work. Minnesota law limits assessment to the increase in value. Despite the acknowledgment that the assessor does not know whether or not the Home Association property will have any benefit, the offer summarized includes a proposal to assess Watermain service with the 4th Avenue construction project and assess the parking lot storm sewer with the Sarazin Street project. We believe that the parking lot storm sewer project is a direct result of the project work done for the benefit of the private developer, and that the storm sewer would not be required, but for the changes in the street. The Home Association presently has water service, and anticipates no increase in value of the property from the proposed Watermain service. D. The Home Association disputes the appraisers conclusion that so long as the City replaces the parking spaces eliminated, there is no severance damage to the lodge building. As acknowledged by the appraiser and the Weiss communication, future expansion will be reduced, if available, by the proposed taking. There is no assurance, at this time, that further expansion will be allowed, if green space is reduced. The relocations proposed would change access to, parking areas available and limit future expansion, all of which amounts to a taking, which should entitle the Home Association to be compensated for severance damage. E. The Weiss communication indicates that the appraiser used 7 comparative sales to determine a square foot price of Page 3 February 15, 1995 . 55 cents per square foot for the permanent easement. We received no information as to the comparable properties, or as to whether they were truly comparable. The .55 cents per square foot appears very low in comparison to recent sales we are aware of in the Shakopee area. We should be provided further details on the comparable sales used. F. Apparently, the appraiser believes that one driveway access from Sarazin Street and one driveway access from 4th Avenue would be comparable to the two existing access driveways from 4th Avenue. This simply is not correct. Removal of the west 4th Avenue driveway and realignment of the east 4th Avenue driveway with a Sarazin Street access would not give the Home Association the same access to parking and entry area it now has. We question why 4th Avenue needs to be realigned. The Sarazin driveway as proposed does not represent convenient, easy access. G. The removal and relocation of the parking spaces, building sign and light poles are offered to be done "at no cost to the Knights of Columbus. " That certainly is appropriate, since such removal and relocation is necessitated, apparently, because of the City's project plans, and is not being done for the benefit of the Home Association or the Knights of Columbus. H. The Home Association does not believe the offer as summarized in the Weiss communication to be adequate. The Home Association suggests, as a first alternative, that the City go back, take another look at the proposed project, and consider alternatives which would not require the taking of Home Association property. If the City of Shakopee has proceeding so far in its commitment to existing development plans, which contemplate the taking of the permanent and temporary easements, the Home Association will consider a negotiated acquisition, provided that the terms and conditions of such acquisition are fair, reasonable and adequately compensate the Home Association for its damages. The Home Association is willing to consider a negotiated acquisition on substantially the following terms: A. The Home Association not be assessed for the roadway, the sanitary sewer, the watermain (whether included with the Sarazin Street project or the later 4th Avenue Page 4 February 15, 1995 project) , or the parking lot storm sewer. It is the position of the Home Association that there are no benefits which will increase the value of the property from the contemplated projects, and accordingly, Home Association should not be assessed. B. The plans would need to be revised to provide for a second access from 4th Avenue, located to be mutually reviewed and agreed upon, in addition to the Sarazin Street access contemplated. C. The parking stalls removed would be replaced at no cost to the Home Association. D. All sign and power pole relocation would be completed at no cost to the Home Association, with the Home Association to have input with respect to location of the sign and power poles. E. The relocation of parking stalls and the new access driveways would be completed prior to removal of existing parking stalls and existing access driveways. The relocation of sign and lights would be so scheduled as to assure there would not be a significant period of time during which sign and lights were not available. The City will need to make a commitment that during the period of construction appropriate, adequate signage and access to the Hall will be maintained so as to minimize disruption to the Hall and its activities. F. The parking lots storm sewer would be installed at no cost to the Home Association, with work to be scheduled and done in such a manner as to minimize impact on use of Hall. G. The City would have to amend existing zoning as required to permit continued, perpetual use of Hall and property for existing purposes, and the City would have to commit to the Home Association having a right to expand parking when as determined to be needed by Home Association. This may need to include a waiver of green space requirements. H. The City should compensate the Home Association for the permanent and temporary easement for the full damage or value of taking. Further negotiation, following release of City appraisal, would need to take place. 4 .. Page 5 February 15, 1995 I. The existing sanitary sewer line would be maintained in operating condition, at no cost to Home Association, until hook-up to new sanitary sewer is available. The City would compensate the home Association for the cost of its existing sanitary sewer system, which costs approximately $10 ,000 . J. The City would reimburse the Home Association for its reasonable attorney fees and costs associated with this acquisition. We believe this counter proposal summary to be very fair and reasonable under the circumstances. The Knights of Columbus and the Home Association are recognized and utilized as community resources. As currently proposed, the project would directly and substantially damage the Home Association and the Shakopee Knights of Columbus. The projects are not initiated by, nor were they required by, the Home Association or the Knights of Columbus, but are instead for the benefit of private development. The Home Association and Knights should not be required to absorb the financial damages. We remain available, are willing, and welcome the opportunity to discuss the issues set forth in this responsive communication. We understand that full consideration of the above proposal may go beyond what can be accomplished at the February 21, 1995 council meeting, but ask that the position of the Home Association be reviewed and placed on record. We suggest that a meeting between the Home Association and the City Council, acting as a committee of the whole, be scheduled, after your staff has had an opportunity to review our communication and provide input. Thank you for your anticipated consideration. Sincerely yours, f/ N[L D. 'IEIKKILA NDH:ctn cc: James F. Campbell Council 1685 Home Association Mark McQuillan, Home Association President Larry Norring, Grand Knight Mayor Laurent, City of Shakopee TENTATIVE AGENDA Planning Commission Special Session Shakopee, MN February 23, 1995 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Recognition by Planning Commission of Interested Citizens. 4. 7:30 P.M. Public Hearing: Continued from January 12, 1995, meeting. To review the Shakopee Comprehensive Plan and to receive any public testimony. Action: Recommendation to the City Council 5. Other Business 6. Adjourn Lindberg S. Ekola Planning Director Note to Planning Members: 1. If you have any questions or need additional information on any of the above items, please call Terrie on the Monday or Tuesday prior to the Meeting. 2. If you ar unable to attend the meeting, please call the Planning Department prior to the meeting. (0223agen) OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION - I FEBRUARY 7, 1995 The meeting was called to order at 4 : 30 p.m. by Chairman Claude Kolb. Members present: Claude Kolb, Shakopee Lions/Knights of Columbus; Patrick Ottman, SACS Schools; Barry Stock, City of Shakopee; Mike Beard, City of Shakopee; DeDee Ordemann, American Red Cross; Tony Stocker, Citizens State Bank/American Cancer Society; Barb Brekke, Extension Service; Connie Weber, Human Services; Sandy Olson, Southern Valley Alliance for Battered Women; and Barb Hegfors, Shakopee Library. SACS SCHOOL (Patrick Ottman) Catholic schools week January 29 - February 3 - a national promotion of Catholic Education. District spelling bee - SACS was well represented but unfortunately none will be moving on. The Candy sale fund raiser will start on Thursday, February 9, your help is appreciated. CITY OF SHAKOPEE (Barry Stock) Hiring construction manager to do design of Ice Rink/Rec Center. Want to be ready by November of 1995 so ice time can be sold and marketed. W;/l Coaae;i Hired Public Works Director - Bruce Loney. seek Ga-mattme4 approval hire an Economic Development Coordinator. CITY OF SHAKOPEE (Mike Beard) Mike discussed some of the developments with the Rec Center/Ice Arena. City Council meets tonight and some decisions are to be made. AMERICAN RED CROSS (DeDee Ordemann) Bill Gurnon - a volunteer HIV/AIDS instructor will be presenting at Front Steps this month. The Red Cross responded to 16 single family fires with supplies of food, clothing and shelter. Sixty-three victims were assisted in all totaling $6, 137 . 00. Savage's bloodmobile in January had a record turnout (over 80 units) Good Job! If you are wondering what your blood type is, the "Type Team" will be at the Red Cross office in March. AMERICAN CANCER SOCIETY - Tony Stocker Block walking campaign begins this Spring. Be aware of American "look-a-likes" . The identifiable sword is the insignia. EXTENSION - Barb Brekke Barb distributed the Scott County Extension Newsletter. Also mentioned the Scott County 4-H Fund raiser taking place Friday, February 17 at the Shakopee Knights of Columbus. The festivities begin at 5:00p.m. with the steak fry beginning at 6: 00p.m. Come one & all. HUMAN SERVICES - Connie Weber The first order of business is determining who Connie knows with the color printer! Seriously, Connie distributed flyer to Open House on March 7, 1-3p.m. on the 3rd floor of the County Courthouse to see the remodeled offices. SOUTHERN VALLEY ALLIANCE FOR BATTERED WOMEN - Sandy Olson Looking for organizations & individuals to donate to building fund. This will alleviate a lot of the pressure on all parties in regards to visitation, drop offs and safe keeping. Speaking to 8th graders in public schools about dating violence. SHAKOPEE LIBRARY - Barb Hegfors A few things to put on your calendars: Friends of the Library Book Sale - Friday and Saturday, April 7 & 8. A bedtime story with Vicki Steinmetz - Monday, April 10 at 6: 30p.m. Library Open House with refreshments and prizes - Tuesday, April 11, 10-1 and 6-8. Designing a Perennial Flower Bed - Wednesday April 12, 6:30 - 7: 30. Easter Egg Eggstravaganza (Ages 6+) Thursday, April 13 . If you are interested in any of the programs, please call 445-3936 to register. SHAKOPEE LIONS/KNIGHTS OF COLUMBUS - Claude Kolb Some confusion regarding ticket sales of Seniors Christmas Party. Issue has been addressed with new safeguards. Shakopee Knights of Columbus will host 1995 Special Olympics. Next meeting of the Shakopee Coalition is scheduled for March 7, 1995 in the Citizens State Bank Building Community Room at 4: 30p.m. Respectfu' y S = itted 7�,' _�'.� Anthony R. Stocker OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION - FEBRUARY 7, 1995 The meeting was called to order at. 4:30 p.m. by Chairman Claude • Kolb. Members present: Claude Kolb, Shakopee Lions/Knights of Columbus; -Patrick Ottman, SACS Schools; Barry Stock, City of Shakopee; Mike Beard, City of Shakopee; DeDee Ordemann, American • Red Cross; Tony Stocker, Citizens State Bank/American Cancer Society; Barb Brekke, Extension Service; Connie Weber, Human Services; Sandy Olson, Southern Valley Alliance for Battered Women; and Barb -Hegfors, Shakopee Library. SACS SCHOOL (Patrick Ottman) Catholic schools week January 29 - February 3 - a national promotion of Catholic Education. District spelling bee - SACS was well represented but unfortunately none will be moving on. The Candy sale fund raiser will start on Thursday, February 9, your help is appreciated. CITY OF SHAKOPEE (Barry Stock) - Hiring construction manager to do design of Ice Rink/Rec Center. Want to be ready by November of 1995 so ice time can be sold and marketed. w;i Co,,,.,e.;f , M Hired Public Works Director - Bruce Loney. Itzef seek s a-1 approval hire an Economic Development Coordinator. CITY OF SHAKOPEE (Mike Beard) Mike discussed some of the developments with the Rec Center/Ice Arena. City Council meets tonight and some decisions are to be made. AMERICAN RED CROSS (DeDee Ordemann) Bill Gurnon - a volunteer HIV/AIDS instructor will be presenting at Front Steps this month. The Red Cross responded to 16 single family fires with supplies of food, clothing and shelter. Sixty-three victims were assisted in all totaling $6, 137.00. Savage's bloodmobile in January had a record t " turnout (over 80 units) Good Job! If you are wondering what your blood type is, the "Type Team" will be at the Red Cross office in March. AMERICAN CANCER SOCIETY - Tony Stocker Block walking campaign begins this Spring. Be aware of American "look-a-likes" . The identifiable sword is the insignia. EXTENSION - Barb Brekke Barb distributed the Scott County Extension Newsletter. Also mentioned the Scott County 4-H Fund raiser taking place Friday, February 17 at the Shakopee Knights of Columbus. The festivities begin at 5:00p.m. with the steak fry beginning at 6:00p.m. Come one & all. HUMAN SERVICES - Connie Weber The first order of business is determining who Connie knows with the color printer! Seriously, Connie distributed flyer to Open House on March 7, 1-3p.m. on the 3rd floor of the County Courthouse to see the remodeled offices. SOUTHERN VALLEY ALLIANCE FOR BATTERED WOMEN - Sandy Olson Looking for organizations & individuals to donate to building fund. This will alleviate a lot of the pressure on all parties in regards to visitation, drop offs and safe keeping. Speaking to 8th graders in public schools about dating violence. SHAKOPEE LIBRARY - Barb Hegfors A few things to put on your calendars: Friends of the Library Book Sale - Friday and Saturday, April 7 & 8. A bedtime story _ with Vicki Steinmetz - Monday, April 10 at 6:30p.m. Library Open House with refreshments and prizes - Tuesday, April 11, 10-1 and 6-8. Designing a Perennial Flower Bed - Wednesday April 12, 6:30 - 7:30. Easter Egg Eggstravaganza (Ages 6+) Thursday, April 13. If you are interested in any of the programs, please call 445-3936 to register. SHAKOPEE LIONS/KNIGHTS OF COLUMBUS - Claude Kolb Some confusion regarding ticket sales of Seniors Christmas Party. Issue has been addressed with new safeguards. Shakopee Knights of Columbus will host 1995 Special Olympics. Next meeting of the Shakopee Coalition is scheduled for March 7, 1995 in the Citizens State Bank Building Community Room at 4:30p.m. J• Respectfu y S = itted Anthony R. Stocker Y�Y: 1 F .. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Absence from Office DATE: February 17, 1995 I will be on vacation from February 23rd through March 5th. During this time Barry Stock will be Acting City Administrator. Toni has my itinerary and will be able to contact me should an emergency arise. MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Economic Development Coordinator Position DATE: February 16, 1995 INTRODUCTION: On February 7, 1995 the Shakopee City Council authorized the appropriate City officials to advertise for the Economic Development Coordinator position. BACKGROUND: In accordance with the procedures setforth in the City Personnel Policy, staff internally posted the position of Economic Development Coordinator position. One application has been received from within. Over the next five days staff will be evaluating the qualifications of the applicant . If the City Administrator believes the internal candidate can perform the duties of the position, a recommendation will be forwarded to City Council for their review on March 7, 1995 . If the City Administrator feels that additional applicants should be sought, staff will continue forward with the advertising process . SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION FEBRUARY 8, 1995 Members in attendance: Barry Stock,Bonnie Carlson,John Breitbach, Greg Hahn, John Heald, Ken Anderson, Mark Baker and Kevin Haugen. The 39th meeting of the Scott County Economic Development Coalition (SCEDC) was called to order at 8:00 a.m. on February 8, 1995 at the Shakopee City Hall. Approved the minutes of the January 18, 1995 SCEDC meeting. Bonnie Carlson noted that she would like to have the minutes amended to read that in 1994 the City of Prior Lake had 186 single family housing starts not 286 as noted in the minutes. Motion by Breitbach seconded by Heald to approve the January 18, 1995 minutes as amended. Motion carried unanimously. II. Treasurer's Report. Mr. Breitbach shared with the Coalition a copy of the account activity during calendar year 1994. Mr. Breitbach reported that the checking account had a balance of$1,497.12 as of January 31, 1995. M. Update of SBA Activity. Ken Anderson reported that loan activity is slower this year as compared to last. He also noted that the Twin City Metro Meetings are now being held in Arden Hills. Mr. Anderson stated that he is keeping track of loans that we are originating. Last week a loan in the City of Prior Lake received approval. IV. Development Activity in Scott County. Savage - John Heald reported that the City of Savage hopes to finalize the environmental study by the end of this month. He also noted that two new schools will be constructed by the Burnsville School District in Savage this year(1 elementary and 1 junior high). Prior Lake - Bonnie Carlson reported that the Prior Lake School District has a referendum scheduled for February 14, 1995. The referendum is for the remodeling and expansion of several schools as well as the construction of a new elementary school and land acquisition. Ms. Carlson also stated that two new SBA loans were recently submitted to Twin City Metro in the amount of$180,000.00. Belle Plaine - Ken Anderson stated that the Belle Plaine Development Corporation has a prospect interested in acquiring 60 acres which is presently owned by the Corporation south of 169 in Belle Plaine.- If the sale is finalized, the City will need to extend water and sewer services to the site. Cost for the improvements could be somewhat high given the fact that some of the abutting property cannot be assessed. Shakopee - Barry Stock stated that City Council has selected a construction manager to facilitate the completion of an ice arena project in Shakopee. Mr. Stock stated that the City will try to have the project completed for this fall's ice season. Discussion is also taking place on whether or not the facility should be expanded to include a gymnasium. Mr. Stock also stated that the City Council approved advertising for the Economic Development Coordinator position. Mr. Stock stated that he hopes the position will be filled within a relatively short time frame. V. 1995 Work Plan. Mr. Stock stated that a new 1995 work plan was distributed to each member with the agenda. The work plan includes the additions that were noted at the last meeting. Mr. Stock stated that he has been in contact with the Scott County Transportation Coalition regarding the possibility of working together on the Bloomington Ferry Bridge ribbon cutting ceremony. Mr. Stock stated that he has also submitted a video grant application to the Shakopee Public Access Corporation. VI. Next Meeting. The next meeting of the SCEDC has been scheduled for Wednesday, March 18, 1995 at the Shakopee City Hall. VII. Adjournment. The meeting adjourned at 9:10 a.m. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator — RE: COPS FAST Grant DATE : February 16, 1995 Today I have received official confirmation from the U.S. Department of Justice of the awarding of a COPS FAST Grant to hire an additional police officer. Although I have not received the specifics on the program it is my understanding that the $75, 000 grant will be for a three year period. In other words $25, 000 of a new police officer's salary and other benefits will be paid for by this grant . As additional information comes in I will keep the Council appraised. -; . -,gip U.S.Department of Justice tL f Community Oriented Policing Services(COPS) Office of the Director Washington,D.C. 20005 February 8, 1995 City Administrator Dennis Kraft 129 South Holmes Street Shakopee,MN 55379 Dear City Administrator Kraft: On behalf of the Office of Community Oriented Policing Services, I am pleased to notify you that your jurisdiction has been selected to receive a COPS FAST grant award to hire 1 new and additional officer(s). As explained in the COPS FAST Fact Sheet, in two weeks you will receive a packet containing a Community Policing and Budget Summary which you must submit before you may begin accessing your grant funds. As you complete these brief documents,please keep in mind that the COPS Office will provide technical assistance in formulating both summaries,and with any other questions you have about your grant award. The Department of Justice Response Center is available to answer questions at 1-800-421-6770. The COPS Office has been delighted with the overwhelming interest in COPS FAST and the FAST Application. We received responses from over 7,000 law enforcement agencies, requesting over 18,000 officers at a cost of over$1 billion. Because of this high level of response,many jurisdictions who were selected received fewer than the total number of officers they requested. In the next fiscal year we hope to fund those who were not granted their full request to the highest possible level, and at this present we do not expect any additional application will be required. We will notify you further on this point when the amount of funding available in the next fiscal year has been determined. COPS FAST, along with the other COPS initiatives,has been designed to simplify the task of applying for and receiving a federal grant. We are delighted to be working in partnership with you and other agencies in this effort to increase the number of law enforcement officers who are engaged in the practice of community policing. The COPS Office will continue its efforts to provide law enforcement agencies with the resources they need to better serve their community. Sinaiely, IF / 46E44,7 • eph E.Brann 6 irector, COPS Office TENTATIVE AGENDA SHAKOPEE, MINNESOTA COMMITTEE OF THE WHOLE FEBRUARY 21, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 11 Roll Call at 5 : 30 p.m. 2] Approve Minutes of Jan. 24, and Feb. 3 , 1995 3] Recreational Facility Construction & Design Issues 4] Other Business a. b. 5] Adjourn Dennis R. Kraft City Administrator OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA JANUARY 24, 1995 Mayor Laurent called the meeting to order at 5: 32 p.m. with Councilmembers Brekke, Beard, Sweeney, and Lynch present. Also present were: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; and Dave Nummer, Staff Engineer. Present from Jackson Township: Mark Luce, Jim Ramaker, Norbert Theis, and Rose Menke, Town Clerk. Present from Louisville Township: Bill Dellwo, Marion Schmidt and Jim Theis, Town Clerk. Brekke/Lynch moved to approve the Minutes of January 10, 1995. Motion carried unanimously. Mr. Stock explained that in 1991 there was discussion on formulas to calculate what the appropriate contribution level would be for the Townships to pay for recreation services provided by the City of Shakopee. Since that time there have been a series of communications regarding a participant list. Last year the Townships asked for and should have subsequently received a list of each participant foreach activity. Mr. Stock stated that he is proposing to use the 1993 budget as a base for establishing fees. He said that we have actual figures for 1993 . He stated that the expenditures used do not include swimming pool expenditures nor maintenance costs for parks. He proposes to use the 1993 participant list. He proposes adopting a formula which will be used for three years with an inflationary increase of 3% for each year. He stated that there are other options but that this was first mentioned in 1991 and it is the one being proposed. Mr. N. Theis expressed a desire to use 1995 participant figures versus 1993 . He also pointed out that because of the loss of homes in the Davis Addition and annexations they will lose about 20% of their revenue. Cncl.Sweeney noted that the number of participants in the P & V Additions could be pulled out of the figures. Mr. N. Theis stated that the Board discussed and came to the consensus that Jackson Township would pay $10. 00 per participant and that the participants can pay the rest. They would pay the City for 3 , 530 1993 participants in 1996 since they are establishing the budget for pay 1996 in March. If the number of participants goes up, they will pay an additional $10. 00 for each. w. 4., Official Proceedings of the January 24, 1995 Shakopee City Council (COW) Page -2- Mr. Ramaker reiterated that Jackson Township would pay $10. 00 per participant and that each participant would pay a $10. 00 non- resident/activity fee. Discussion ensued on what the payment would be in 1995. Consensus of City Council that Jackson Township would pay $2,700 in 1995 (the new plan would become effective with the 1996 payment) . The City can raise non-resident fees to recoup the balance needed to fund each participant/activity cost. Members of Louisville Township concurred with the Jackson Township plan for their residents who participate in Shakopee recreation activities. Mr. Nummer explained that the Townships may wish to review Shakopee's Comprehensive Sanitary Plan. They were sent copies of the Action Plan earlier. He stated that it is a 50 year Plan and that it doesn't address any annexations. He said that he was open for questions and concerns. Mr. N. Theis expressed concern about a future MUSA extension down by CR-18. He felt that extensions should go around the City. Mr. Theis stated that he had no problems with annexationas long as it is sewered and developed. Cncl.Sweeney identified the first two proposed MUSA extensions: down CR-17 and East of CR-17 and the East Deans' Lake area. He explained that these areas were chosen because of economics because there would be no additional expense to the City for sewer trunks. Ms. Schmidt asked how the City plans for sewer expansions. Mr. Nummer responded. Mayor Laurent asked if there was any other business that the Townships would like to talk about. There being nothing further to be discussed, Mayor Laurent thanked the Township Officials for coming to the meeting. Mr. Stock reported on the information he had put together regarding the construction of a domed athletic complex. He explained construction costs, maintenance costs, and operation costs and the basis for his estimates. He stated that it would cost about $7.2 million and would not include purchase of land. Due to the size he recommended that such a facility not be built on City owned land South of the high school, but rather in the area of Canterbury Downs. Official Proceedings of the January 24, 1995 Shakopee City Council (COW) Page -3- Mr. Stock stated that Mr. Bahram, Lifetime Fitness, advised him that given the cost in excess of $7 million, he didn't think the City should build the dome athletic complex. Mr. Bahram liked the idea of lease/option, but that he couldn't consider it today because of all the other projects they are doing. Discussion followed and Councilmembers concurred that the numbers presented do not work for what they had in mind for a domed athletic complex. Discussion ensued on what avenues to pursue for the City's recreational needs. Cncl.Sweeney pointed out that if a facility was constructed (consisting of an ice arena/mezzanine for wrestling and gymnastics, plus offices, concessions and locker rooms) , one-half of the $6, 000, 000 would be needed; and, that the City could make up the $50,000± operating loss, but not a $450, 000 operating loss. Cncl.Beard suggested looking at the Springsted proposal again and that he would like to proceed with the design/build process. Sweeney/Beard moved to direct staff to continue the exploration of a primary ice arena as a phased element in a proposed recreational complex. Cncl. Sweeney clarified the motion by explaining that the site South of the high school is implied and that the site preparation, ballfields and parking lot are included as part of the project. In summary, Mr. Kraft stated that we interviewed construction managers a year ago and that staff would be returning to the Council with a recommendation to retain the services of a construction manager as this is put together. Motion carried with Cncl.Brekke opposed. In response to a question from a gentleman in the audience, Mayor Laurent replied that the motion would exclude any food and banquet facilities. Beard/Lynch moved to recommend to City Council that the moratorium on Blocks 3 and 4 be extended for a six month period. Motion carried unanimously. Staff was directed to explore the possibilities of setting up a revolving economic development fund using TIF funds. Official Proceedings of the January 24, 1995 Shakopee City Council (COW) Page -4- Mr. Norbert Theis, on behalf of the Shakopee Knights of Columbus, asked the status of the acquisition of property from the KC's for Sarazin Road. He also mentioned that the KC's would like to get a conditional use permit so that they would be in compliance with the new zoning ordinance and asked Council to waive the required fees. Mr. Nummer responded to the acquisition question and Mayor Laurent explained that the KC's did not need a conditional use permit at this time because they were considered a non-conforming use. Mayor Laurent adjourned the meeting at 7: 38 p.m. • ait Cl , 0)c, i •ith S. Cox ty Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA FEBRUARY 3, 1995 Mayor Laurent called the meeting to order at 3 : 06 p.m. with Councilmembers Brekke, Beard, Lynch and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; and Dave Nummer, Staff Engineer. Present from Shakopee Public Utilities: Pres. Jim Cook, Terry O'Toole, Gloria Vierling, Lou Van Hout, Manager, and Joe Adams. Present from Planning Commission: Chair Terry Joos, Gayle Madigan and Jim Link. Also present: Senator Terrie Johnston, Legislative District 35; Representative Becky Kelso, Legislative District 35B (late) ; Scott County Commissioner Art Bannerman, 3rd District; Pat Lynch, Department of Natural Resources; John Stine, Department of Natural Resources (late) ; Eldon Reinke, Community Development Commission; Lawrence Samstad, Lower Minn. River Watershed District; Dave Czaja, Shakopee resident; Jon Albinson, Valley Green Business Park; Paul Kramer, Rahr Malting Co. ; Bob Bieraugel, Shiely Co. ; Dave Hutton, City Engineer City of Savage; and Steven Soltau, Shakopee Crossings. Commissioner Vierling stated that the purpose of the meeting was to get all officials together to hear the issues (relating to water) so that we can proceed in an orderly fashion. Mr. Van Hout stated that the issue involves Savage, Shakopee and the Shiely Quarry. He explained that within the past one to two years Savage has received additional MUSA (metropolitan -urban service area) for 2 , 400 acres. When Savage applied to the DNR for new wells it was discovered that they would affect the Savage fen. Savage did some analysis and found that there is a shortfall for their needs and water available. He also pointed out that the Shiely gravel pit needs to get rid of a certain amount of water. Mr. Van Hout then identified the water needs for the City of Savage, for Shiely, for the City of Shakopee, and the long term needs for others. He stated that the most probable option for Savage was for a well near the Shiely Quarry in Shakopee. He pointed out that Shiely has a permit to pump 2 . 5 billion gallons per year and has submitted an application to pump 4 .0 billion gallons per year. He stated that, based on a study done by SPUC, Shakopee and the areas south ultimately need 5.2 billion gallons per year; and, the long term needs for others will be 2 . 5 billion gallons per year (Spring Lake, Jordan, Dakota Community, etc.) . Official Proceedings of the February 3, 1995 - Shakopee City Council (COW) Page -2- Mr. Van Hout then explained the water resources available and their limitations by affects on groundwater and surface water. He stated that water replenishes at the rate 5. 2 b.g. /yr. versus the 7.8 b.g/yr. ultimately needed after full development of the area. He stated that the DNR has the responsibility to protect the water and are getting into allocation of water. Mr. Stine, DNR, explained the law that protects the Mount Sinai and Hinkley aquifer. He identified the uses that have priority for obtaining water permits and explained that residential use is first. He stated that when they review applications for water that they ask what it is to be used for. They are observing wells across the State. Cncl. Sweeney expressed concern that if Shiely were to obtain a permit to pump 4 . 0 b.g. /yr. with Shakopee at 0.8 and other industry in Shakopee at 0. 4 that we are up to the current recharge rate. Mr. Stine responded that the DNR will need to carefully review the information before granting a permit to Shiely to pump 4 . 0 b.g.yr. Rep.Kelso stated that she is worried that Savage has planned for and needs water from Shakopee but that Shakopee doesn't know their needs. She also expressed concern that if Savage were to become dependent upon Shiely's pumping of their water that the DNR can't tell Shiely that they can't pump. Mr. Stine stated that Savage is looking at all pumping options to meet their long range water needs. Senator Johnston clarified that State law would need to be changed in order-for Shiely to obtain a permit to pump 4 . 0 b.g. /yr.- Mr. Stein stated that the pumping of water from Shiely won't affect Cities for some time. He said that the DNR needs information from cities regarding their projected use and projected reuse. He said that Shiely has been told that the DNR will investigate their proposal. Cncl.Lynch expressed concern that once wells are allowed for water to go to Savage that this water will be lost for Shakopee forever. Mr. Stein responded that it could be conceivable that Savage and Shakopee collaborate on their long term plans so that water is shared for the long term. Discussion followed. Mr. Hutton, City Engineer for Savage, stated that Savage is pumping 0. 5 b.g. /yr. now and that they need 1. 0 more. Official Proceedings of the February 3, 1995 Shakopee City Council (COW) Page -3- Rep.Kelso stated that she is not concerned about Shiely, they can be turned off if they are damaging the water supply in the area. However, once Shiely's water is going to Savage, she can't imaging Shiely's pumping being turned off. She has no problem with Shiely pumping 4 . 0 as long as it doesn't hurt anyone. Comm.Cook stated that Savage has a right to a portion of the aquifer but expressed concern about tying it to the Shiely water. He stated that Savage's need for water should be addressed separate from Shiely's pumping. Discussion continued. Mr. Stine encouraged the two communities to look at a comprehensive land use plan. Mr. Czaja explained that Shiely's pumping has had a detrimental affect on his well. Mr. Hutton stated that Savage has not made a decision to use Shiely's water and won't make a decision until they talk with Shakopee. He stated that they are doing groundwater studies to see if there are other alternatives. He stated that there are a number of parties involved cooperatively in this study and that they won't proceed without consensus. He said that they have just started and that there is a long way to go. Larry Samstad, Lower Minnesota River Watershed District, expressed concern about decreasing the water level also for the Boiling Springs in Savage. He said that the LMRWD is happy to work with everyone and provide any information that the District may have. Comm.Cook asked if it was possible for the DNR to look at the Barr Study and the SPUC study and advise what they are going to do regarding water permits. Mr. Lynch responded that they have been monitoring the reports and are on top of what is going on and that they will keep people advised. Mr. O'Toole stated that there seems to be a consensus to separate Savage's needs from Shiely. Mr. Lynch stated that he would like to see Savage, Shakopee and Shiely work together. Cncl.Sweeney stated that if there is more water being taken out than is being replaced then there is a new discussion. This needs to be answered now. Mr. Lynch stated that the DNR will need the report to know if the use exceeds the recharge. He also noted that the DNR can't take action on Shiely's application until there is Legislative action. Official Proceedings of the February 3, 1995 Shakopee City Council Page -4- Mr. Hutton explained that the DNR can't make a recommendation on increasing Shiely's pumping to 4 . 0 until the Savage study is done because they are involved in the Savage study. Mayor Laurent noted that additional information is needed regarding the water needs and encouraged everyone to share information and keep the communications open. He also thanked everyone for attending the meeting. Mayor Laurent adjourned the meeting at 4 :50 p.m. 146401). dith S. Co City Clerk Recording Secretary 00-k) #3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Facility Construction and Design Issues DATE: February 16, 1995 INTRODUCTION: On February 7, 1995 the Shakopee City Council selected to schedule a Committee of the Whole meeting for February 21, 1995 to discuss construction and design issues associated with the proposed recreation facility. BACKGROUND: Greystone Construction has been hired by the City to perform the design and construction management services associated with the proposed recreation facility in Shakopee. Due to the relatively short time since our last Council meeting, we do not have much information to distribute prior to the actual Committee of the Whole meeting. On Friday, February 10, 1995 staff met with Mr. O'Brien to discuss the project components and issues that need to be addressed in a relatively short time frame in order for this project to be completed by this Fall . On February 13th, another meeting was held to discuss site layout and utility issues . (See attached meeting summary. ) The topographical survey ordered by City Council on February 7, 1995 was delivered to the City of February 16th. Greystone Construction now has the necessary information needed to begin preparing a site plan. At the Committee of the Whole meeting Greystone Construction will have information available with respect to the following issues : 1. Construction time schedule . 2 . Design Committee input . 3 . Cost estimates to complete additional gymnasium space. 4 . Operating costs associated with additional gymnasium space. 5 . Operational costs associated with mezzanine level above ice arena. 6 . Other issues of concern to City Council and the construction manager. During the community center evaluation process, I was able to obtain operational cost data from other recreation facility analysis's completed in the Metropolitan area. The typical operating costs associated with a gymnasium (excluding staff supervision) would include utilities, insurance and building equipment and maintenance. The estimated costs for these items generally range between $1 . 00 and $1 . 25 per square foot . Staff does not believe that any additional staff time will be necessary in terms of operating costs for the gymnasium portion of the facility. Since the gymnasium will be adjacent to the ice arena, there will be no need to put on additional building supervisors. One building supervisor could easily monitor the activities of both facilities . It should also be noted that the aforementioned operating cost estimates also do not include janitorial costs associated with this portion of the facility. The janitorial costs allocated to the gymnasium would be fairly minor. To give City Council a point of comparison, the 1995 operating costs for the City Hall building including janitorial support equate to approximately $3 .33 per square foot . The janitorial support portion of this amount equates to approximately 30%. In earlier staff reports, it was indicated that the revenue generation from a gymnasium facility would be minimal . ACTION REQUESTED: Provide direction to the construction manager with respect to the issues discussed at the Committee of the Whole meeting. 4eamt ink. �K Y I IJI CONSTRUCTION COMPANY ii eft. a. 411,:f44,4-4 =4=4sett = ' n rt'� ii *44.17 -it, ''' .4 Air' ' Pit' 5du5 `S Fk'S ti ai 3 :1 3+ �1 n`p,.d `i > .yt . 1 , oili"oris... . Tiy, t, : i •4 February 13, 1995 "'', .r, ti 1rr '` 2 r� r• t a�s g :';‘,,t.:.1. '#t u`�y' �R t�' F F5��� 'y! �S y�p R'5��� I 1 p[ r Memo ar '' ,,,- ,,, ,r d 9 to{ nt.,4i ; t b R,wRk�rt at ',k.ry ifiaah �'1v��,�, gy e�i� �.`� TO: File 1 b i ,f ' iy. FFa f .i, i J Vr �f k I lei i FROM: Kevin O'Brien `•' + , _ „,,, t - . aa, RE: Meeting Site Layoutand -Utility Locations' for`,q Shakopee Civic Center (2-13-95) Attendance: Joe Adams - Shakopee Public Utilities Bruce Loney - City Engineer, City of Shakopee David Nummer - City Engineer, City of Shakopee Paul Dalberg - ACC Jeff Hensel - Greystone Kevin O'Brien - Greystone Discussion Items: 1. Preliminary Grading & Development Plan for Meadows North Development was reviewed and the following was discussed. - Fuller Street Alignment - Intersections of Thomas Street with Fuller Street - Possible Civic Center site access to Fuller Street - Fuller Street Utility Construction - Drainage Plan for North Meadows - Drainage possibilities for Civic Center 2. Reviewed Development Plans North of Civic Center site 3. Reviewed alignment of proposed Vierling Drive and potential of access through school property for roads and utilities :, 4. Scheduling Items - Fuller Street scheduled for construction in the Summer of 1995 - Vierling Drive is also scheduled for construction in the Summer of 1995. Plans are approximately one month behind Fuller Street`. - Access to site via Apgar must be maintained during Fuller Street construction • 1221 East Fourth Avenue, Suite 110 Equal OpportunityTelephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 P R .. 5. Fuller Street will be a two lane (44 ' 0 wide) city street. (No longer a county road) 6. Utilities: - Existing 12" water main at the end of existing Fuller Street - Water main in Apgar Street increases in size from North to South (6" to 12" ) . - Three phase electrical power is available at the Northeast corner of the site. Overhead line runs West to East through school property to City property, then North at property line to 10th Ave. - Primary electrical power will be run underground and transformer set by SPUC. Secondary power into the building is developers responsibility. SPUC will charge 1/3 of material cost for primary power and transformer to developer. Additional costs for rock excavation or frost ripping are charged to the developer. - Sanitary sewer is located in Upper Valley .drainage way. Connection should not be made at manhole unless pipe size is 8" or larger. - Storm drainage is also located in Upper Valley drainage way. Holding pond will be required for impervious area drainage. - Water trunk line charge is $701 .00 per acre. (Net acreage - Roads & Dedicated Parkway) - City Water connection charge is $465.00 per SAC equivalent. - Metro SAC charge is $850.00 per SAC - Further discussion will be needed as to what utility costs should be budgeted. 7. Civil Design: - Asked if city staff was interested in performing some or all of civil engineering. Bruce indicated that city staff probably did not have time to perform engineering on the fast track schedule being contemplated. • Copy: All Attendees Barry Stock - City of Shakopee Zi I gun -CONSTRUCTION COMPANY 6 �-`'"\�°� ?-1;41T, a` SHAKOPEE CIVIC CENTER � PROJECT COMPONENTS nrAlec 2-21 -95 �yl,,,.,N-sf � Vl✓' 1 . Arena Building - Ice Arena. _ - - - Ice Arena Equipment - Ice Arena Support Facilities (Locker Rooms , Concessions, Pro Shop, Resurfacer Room, etc. ) - Mechanical Systems - Mezzanine Level (Wrestling Room, Gymnastics Room) - Elevator - Rink Manager Office i 'iW9 2. Commons Area (6,000 S. F. Minimum) - Facility Entry - Foyer - Public Restrooms - Community Recreation Staff Offices - Meeting Room - Cable Access Room ( 1 ,000 S . F. ) xao a gc'Fca/ .6? "' '`3`/2 cc° 3. Gymnasium (9, 600 S. F. ) 36270 9-r- - Locker Rooms (For Common Use Gymnasium, Wrestling , �� Gymnastics) 4,800 S. F. - One Full Basketball Court - Two Short Basketball Courts (.4(6¢ � A.L" s 67'1'1- Three Volleyball Courts I's� S C) 4:-.( 34x./.00- 4. 3/ 00-4. Site Development - Grubbing 2 I', tort- ,hoc% - Site Grad i ng Sok 111P 41 - Site Utilities - Parking Lots & Roads - Ball Fields - Landscaping - Site Drainage al. 11 1221 East Fourth Avenue, Suite 110 Equal Opportunity - Telephone: 612-496-2227- Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 - kicH ir_a - CONSTRUCTION COMPANY SCOPE OF WORK FOR SHAKOPEE CIVIC ARENA 120 ' x $0 ' GYMNASIUM WITH LOCKER ROOMS FEBRUARY 21 , 1995 *CONSTRUCTION WORK Division 1- General Construction Division 2- Sitework - - Excavate and backfill building footings - Furnish, place, shape, and compact 6" sand cushion beneath building Division 3- Concrete - Continuous concrete footings - 5" concrete slab on grade - Fabcon insulated precast concrete wall panels (courduroy finish with exposed banding) Division 4- Masonry - Block separation walls at locker room areas Division 5- Metals - Long span bar joist and metal roof deck Division 6- Carpentry - Rough Carpentry - Finish Carpentry - Cabinets and Counter Tops Division 7- Thermal and Moisture Protection - Ballasted single-ply membrane roof - Caulking 11111, 1221 East Fourth Avenue, Suite 110 Equal Opportunity - Telep-hone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 Division 8- Doors and Windows - Passage doors which consist of hollow metal frames and doors with commercial grade panic hardware . Division 9- Finishes - Painted block walls at locker room areas - Paint both interior and exterior of precast wall panels - Paint structural steel and deck - Ceramic tile floors throughout locker rooms Ceramic tile walls to full height and showers - Suspended acoustical ceilings and locker rooms Division 10- Specialties - Toilet partitions and urinal screens - Shower partitions - Bathroom accessories -. Lockers and benches • - Locker room signage Division 11- Equipment - Two (2) electric scoreboards - Six (6) basketball backboards with pads for walls at each Division 12- Furnishings - Six (6) rows of 100 lineal feet manually retractable gymnasium bleachers Division 13- Special Construction - Gymnasium floor (Grade No. 1 Maplewood) Division 14- Conveying Systems - None included Division 15- Mechanical - Plumbing to include water closets , urinals , lavatories , floor drains , showers , drinking fountains - HVAC system - Automatic fire sprinkler system Division 16- Electrical - General electrical requirements • ,� 1 Imo . 1 it k I , , 1 1 0I O ID I � . ‘ I ! ' - 1 ti wco . s 4 tIiL c W - Itit `_ r W ;� In 1 ,. H. '1 w w = F__I , ili ;, I-- I- ifl CU J t 11 I_I If; •--t2 1 • Z Q 1 t_n to H ! 1I N . 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I` It . o•.0C 1 !1 'MAW " 1 .o-.oc a wiarnowats L U , cc 7.271 ' .o•AOc i TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 21, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 p.m. 2] Approval of Agenda 3) Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7 ] Approve Minutes of February 7 , 1995 8] Communications: 9] 7 : 00 P.M. Public Hearing on the vacation of a portion of Spencer St. between 1st Avenue and the alley immediately to the North - Res. No. 4172 10] Recommendations from Boards and Commissions: a] Rezoning of property located southeast of the inter- section of CR-79 and Mint Circle, south of Monarch Street - Ord. No. 405 *b] Final Plat of Homestead Ridge II, located southeast of the intersection of CR-79 and Mint Circle, south of Monarch Street - Res. No. 4173 c] Valleyfair Planned Unit Development - Res. No. 4174 11] Reports from Staff: *a] Planning Commissioner Compensation - Ord. No. 406 and Res. No. 4182 *b] Fuel Leak Follow-up *c] Approve Bills in the Amount of $273 , 920 . 32 d] Appointments to Boards and Commissions - Res. No. 4178 *e] Wetlands Authorization f] Windows Hardware Upgrade/Software Purchases TENTATIVE AGENDA February 21, 1995 Page -2- 12] Resolutions and Ordinances: *a] Res. No. 4179 - Authorizing Delivery of A Deed to Extinguish An Easement *b] Ord. No. 403 - Repealing Redundant Provisions of the City Code *c] Ord. No. 404 - Sale of Surplus Property *d] Res. No. 4175 - Setting Hearing on Improvements to Vierling Dr from CR-79 to CR-77, 1995-6 *e] Res. No. 4176 - Authorizing Condemnation Proceedings For Improvements to Sarazin & Roundhouse Sts S. of 4th Avenue, 1994-10 *f] Res. No. 4177 - Ordering Report for Improvements to Fuller Street from 10th Ave. to Vierling *g] Res. No. 4180 - Ordering Improvement for the Mill Pond Treatment Basin, 1995-7 *h] Res. No. 4183 - Amending Res. No. 4162 , Approving Preliminary and Final Plat for Minn. Valley Health Campus *i] Res. No. 4163 - Amending 1995 Fee Schedule for Non-Resident Youth Activity Fees 13] Other Business: a] b] c] 14] Recess for an executive session to discuss matters permitted under attorney-client privilege 15] - Re-convene 16] -Adjourn Dennis R. Kraft City Administrator REMINDER: 5: 30 p.m. February 28th Committee of the Whole meeting 6 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1995 Mayor Laurent called the meeting to order at 7 : 05 P.M. with Cncl . Brekke, Beard, Sweeney, and Lynch present . Also present : Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Lindberg Ekola, Planning Director; Dave Nummer, City Engineer; and Judith S. Cox, City Clerk; and Bruce Loney, Public Works Director/City Engineer. Items added to the agenda: 15a) Setting a date for the next Committee Of The Whole meeting. 15b) Legislative update from the City Administrator. 15c) Who uses the softball fields first. 15d) Large parcel tax appeals and their effects . Beard/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the meeting for an H.R.A. meeting at 7 : 08 P.M. The meeting re-convened at 7 :19 P.M. Liaison reports were given by Councilmembers . Mayor Laurent gave the Mayor' s report . Mayor Laurent asked if anyone present wished to speak on any item not on the agenda. There was no response. Items added to consent : 13o) Resolution No. 4170, A Resolution Approving A Wetland Replacement Plan For Ryan Contracting, Inc. Items removed from consent : 13f) Approve Bills in the Amount of $1, 152, 477 . 85 . 13i) Economic Development Coordinator Position. 14c) Resolution No. 4163, A Resolution Amending Resolution No. 4143 Adopting The 1995 Fee Schedule . Sweeney/Lynch moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Lynch moved to approve the minutes of January 17th and 24th, 1995 . (Motion carried under Consent Business) . Sweeney/Lynch moved to approve Stafford Alumni Association' s request to access Memorial Park after normal hours. (Motion carried under Consent Business) . Sweeney/Lynch moved to -receive and file the correspondence from Viking Forest Products dated January 27, 1995 . (Motion carried under Consent Business) . - • Official Proceedings of the February 7, 1995 Shakopee City Council Page -2- Mayor Laurent opened the Public Hearing on a Currency Exchange License for American Pawnbrokers, 450 West 1st Avenue. Judy Cox stated that the actual license is issued by the State Of Minnesota, The Department Of Commerce. She stated that state law allows each municipality where the license will be issued to hold a public hearing and after holding the public hearing to make a recommendation to the State. Ms . Cox stated that this the first application from American Pawnbrokers and that Council has previously approved two other currency exchange licenses in the community. Mayor Laurent asked if anyone present would like to comment orr this issue. Having no response Mayor Laurent closed the public hearing. Lynch/Beard offered Resolution No. 4160, A Resolution Approving the Application of American Pawnbrokers, Inc. for a Currency Exchange License at 450 West First Avenue, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the Installation of Water Services along County Road 16, Project No. 1995-3, Resolution No. 4168 . Dave Nummer stated that the purpose of this hearing is to consider whether or not water services should be installed along County Road 16 and assessed back to the property owners. He stated that several requests had been received from property owners along County Road 16 who would like water services installed along with the sanitary sewer and street improvements to be done next year. Mr. Nummer stated that the interest in having water services put in now is because the County policy states that no street cuts will be allowed in newly paved streets in the first five years of its life. Mayor Laurent asked if anyone present would like to comment on this issue. Brett Weiss, County Road 16 project consultant, approached the podium. Mr. Weiss stated that services will be stubbed out to all of the single family homes along County Road 16 at this time, and for the larger pieces of land not developed yet, it is up to the property owner to decide if they want to have them extended. He stated that all of property owners seem willing to pay to insure that they will have water service available when they want it . Mayor Laurent asked if anyone present would like to address this issue . Official Proceedings of the February 7, 1995 Shakopee City Council Page -3- Carl Lindstrand approached the podium. Mr. Lindstrand stated that he is interested in some property that starts at County Road 17 and goes east on the north side of County road 16 . He asked if the sewer and water installed approximately ten years ago were going to be replaced or whether the existing facilities were going to be used. Brett Weiss stated that those are not proposed to be replaced at this time. He stated that everyone along County Road 16 that may have an interested in having an additional stub to their property was notified. Mr. Weiss stated that there is no need to extend additional services to the property Mr. Lindstrand asked about and that he would not be assessed. Mayor Laurent asked if anyone else would like to address this issue. Having no response Mayor Laurent closed the public hearing. Beard/Brekke offered Resolution No. 4168, A Resolution Ordering an Improvement on the Preparation of Plans and Specifications for Water Service Installation on County Road 16, from County Road 17 to County Road 83 , Project No. 1995-3 and moved its adoption. Motion carried unanimously. Sweeney/Lynch moved to approve Amendment No. 1 to Shakopee Area Transit Policy No. 24 relating to late submittals of driver reporting sheets for vanpool services (CC DOC. No. 219) . (Motion carried under Consent Business) . Sweeney/Lynch moved to support the establishment of a six month Dial-A-Ride demonstration project to provide transportation to Community Education Program participants who have been identified as hardship cases . (Motion carried under Consent Business) . Lindberg Ekola stated that St . Francis Regional Medical and Health Center has submitted an application for a Preliminary and Final Plat for Minnesota Valley Health Campus . Mr. Ekola pointed out the revised resolution and changes agreed upon, and the revised final plat correcting the street name on the east side-. He pointed out that the revision relating to postponing payment of the trunk sanitary sewer charge until the issuance of a Certificate of Occupancy for the hospital is a one-time deferment . Cncl . Sweeney asked what the time frame is for reimbursement . Mr. Ekola stated that the Certificate of Occupancy request is anticipated in 1996 . Karen Marty stated that St . Francis has a timing issue with the water lines running across the property because until the well is put in by SPUC its difficult to get full water. Also, that the lines have to be backed up by other lines in the city that have to Official Proceedings of the February 7, 1995 Shakopee City Council Page -4- cross the bypass, which haven' t been constructed yet . Ms . Marty stated that an agreement had been reached to allow them to build the water lines themselves and later dedicate the water lines and easements to the City, preserving the right to assess them for future water lines going around the site. They agreed to pay the assessments even though they have no benefit at that time. She stated that because SPDC cannot own land the City is needed to sign the easement agreement. In exchange SPDC is agreeing to give up the water access charge for water availability for this project area. Karen Marty stated that St . Francis would like the City Council to authorize the appropriate City officials to sign the agreement relating to the construction of the watermain, having St . Francis give up their assessment appeal rights on future watermains around the site and also to sign the easement and agreement, giving the two lots to the City, subject to further refinement consistent with the intent of SPDC and the City Attorney. Karen Marty stated that SPUC had made a motion to recommend these documents to the City Council . Sweeney/Beard moved to authorize the appropriate City officials to sign the documents for Minnesota Valley Health Campus when they have been prepared to Ms. Marty' s specifications . Motion carried unanimously. Lynch/Sweeney offered Resolution No. 4162, A Resolution of the City Of Shakopee, Minnesota, Approving The Preliminary And Final Plat For The Minnesota Valley Health Campus Planned Unit Development . Motion carried unanimously. Sweeney/Lynch moved to revisit the use of snowmobiles and violations at a later date . (Motion carried under Consent Business) . Barry Stock stated that in order to move ahead on the Recreation Facility staff is recommending hiring a Construction Manager that could also perform the design services for the project . He suggested that Greystone Construction do the construction and design services since they are very familiar with the Shakopee site . In 1994 the City had Greystone Construction complete a set of plans and specifications for an ice facility that is similar to what we are considering at this time. Since the plans are still on file and paid for, staff believes that Greystone could provide the most cost effective price. - Barry Stock stated that staff recommends using OSM to get a topographical survey because they did the land survey of the property previously. Official Proceedings of the February 7, 1995 Shakopee City Council Page -5- - Beard/Lynch moved to authorize the appropriate City officials to execute a construction management and design services agreement by and between Greystone Construction and the City of Shakopee for the recreation facility project . Motion carried unanimously. Lynch/Sweeney moved to approve the use of OSM to complete a cross sectional topographical survey of the recreation facility site at a cost not to exceed $1, 500 . 00 Motion carried unanimously. Discussion followed. Mayor Laurent questioned how to get community input to get the best bang for the investment; and, suggested investigating into additional gyms for the facility. Cncl .Sweeney suggested that the heating of the mezzanine and its impact en- the ice facility be addressed. Cncl .Lynch stated that there may be additional operation costs if the facility is expanded. Mayor Laurent responded that that would have to be looked at . Sweeney/Lynch moved to take the purchase of a street sweeper off the table. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the purchase of an Elgin SE Sweeper from MacQueen Equipment for $86, 262 . 87 . (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the purchase of a Hewlett Packard Laser Jet 4SI through the LOGIS contract in the amount of $5, 648 . 00 . (Motion carried under Consent Business) . Sweeney/Lynch moved to declare the following items surplus property: a 20th Century, 295 Amp Welder, an 8" , Gas Powered Post Hole Digger, a Homelite Chain saw, a Chain saw (2) for parts, and a Fuel Dispenser. (Motion carried under Consent Business) . Brekke/Lynch moved to approve bills in the amount of $1, 152,477 . 85 . Motion carried unanimously. Sweeney/Lynch moved to adopt Administrative Policy #228 with respect to Township recreation contributions (CC DOC. No. 220) . (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City officials to execute the easement agreement by and between the City of Shakopee and U. S . West for a 10'x10' easement to be locatedonBlock 29 within the City of Shakopee immediately west of the SPUC utility easement at a cost of $5.00 per square foot . (Motion carried under consent business) . Lynch/Beard moved to authorize the appropriate City officials to advertise for the Economic Development Coordinator position consistent with the procedures set forth in the Personnel Policy. Official Proceedings of the February 7, 1995 Shakopee City Council Page -6- - Cncl . Sweeney recommended postponing filling the position until after the legislature makes its decisions on restricting LGA and HACA so that we will know the impact on the City' s budget . Motion carried with Cncl . Brekke and Sweeney dissenting. Sweeney/Lynch moved to approve the application and grant and on- sale non-intoxicating malt liquor license to Chin Yung Inc . , 1135 East First Avenue conditioned upon receipt of a Certificate of Occupancy. (Motion carried under Consent Business) . Sweeney/Lynch moved to approve the applications and grant the temporary intoxicating liquor licenses to the Church of St . -Marks for February 25 and July 29 & 30, 1995 at 350 S. Atwood Street . (Motion carried under Consent Business) . Sweeney/Lynch moved to make nominations to Boards and Commissions as follows : to Planning Commission and Board of Adjustment and Appeals, James Link, Dale Livingston, and William Mars; to Park and Recreation Advisory Board, Steve Johnson, Steven Mortland, Judy Salchow, and Robert Tomczik; to Shakopee Public Utility Commission, James Bastyr, Eldon Reinke, Andrew Unseth; to Police Civil Service Commission, Steve Johnson, Marcia Spagnolo, and Clifford Stafford; to Community Development Commission, Deb Amundson and Cole Van Horn; to Cable Communications Advisory Commission, Bill Anderson and Kenneth Scannell; to Shakopee Community Access Corporation board of Directors, Bill Anderson, Kenneth Scannell, and Robert Ziegler, Building Code Board of Adjustments and Appeals: James Link and Randy Laurent, and Housing Advisory & Appeals Board: James Link and Randy Laurent . (Motion carried under Consent Business) . Cncl .Brekke suggested exploring the possibility of charging a re- re-connection fee for the reconstruction of sanitary sewers as opposed to assessing the cost at 250 . Brekke/Beard moved to amend Resolution No. 4164 by deleting any references to assessments for the reconstruction of sanitary sewer. Motion carried unanimously. Brekke/Beard offered Resolution No. 4164, as amended, A Resolution Amending the Special Assessment Policy, and moved its adoption. Motion carried unanimously. Sweeney/Brekke moved to direct staff to review the possibility of substituting a re-connection fee for the proposed 25% assessment for the reconstruction of sanitary sewers . Motion carried unanimously. Sweeney/Lynch offered Ordinance No. 402, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The- City Code By Repealing Sec. 3 . 02, Fixing Rates And Charges For Sewerage Official Proceedings of the February 7, 1995 Shakopee City Council Page -7- Service And Refuse Collection, And Adopting One New Section In Lieu Thereof Relating To The Same Subject, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4165, A Resolution Of The City Of Shakopee, Minnesota, Amending The Fee Schedule By Revising The Sewer Available Charges, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4170, A Resolution Approving A Wetland Replacement Plan For Ryan Contracting, Inc . , and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 400, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 3, Municipal and Public Utilities, Rules And Regulations, Franchises And Rates, By Repealing Sec . 3 .21, Limitations On Discharge Into The Sanitary Sewer, and moved its adoption. (Motion carried under Consent Business) . Discussion ensued on renewing the lease with 200 Levee Drive Associates, Ltd. for the senior nutrition program. Cncl .Sweeney asked for an estimate of what the rental amount might be based on the renewal option contained in the lease. Sweeney/Beard moved to table discussion on renewing the lease with 200 Levee Drive Associates, Ltd. until a later date. Motion carried unanimously. Sweeney/Lynch moved to allow the three black powder shoots requested at Murphy' s Landing in 1995 with approval in subsequent years subject to annual review and approval . (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the City Administrator to approve the carryover of 24 hours of vacation for the Public Works Foreman in 1995 . (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 399, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Renaming Homestead Way, Lying Within Homestead Ridge First Addition, To Homestead Street, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4161, A Resolution Authorizing The City Of Shakopee To Enter Into Service Contracts With The Met Council To Provide Public Transportation Services In Shakopee For Calendar Year 1995, and move its adoption. (Motion carried under Consent Business) . _ Official Proceedings of the February 7, 1995 Shakopee City Council Page -8- Discussion ensued regarding youth activity fees for non-residents, including residents from the townships and other cities . Cncl .Brekke suggested that the fee resolution identify the actual cost and that this amount can be reduced by the amount that the Townships have agreed to pay for each non-resident youth activity. Sweeney/Lynch moved to direct staff to review the fee schedule for non-resident recreation activities in light of the comments made. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 4169 . A Resolution Apportioning Assessments Among New Parcels Created As A Result Of Platting Of Jeff' s First Addition, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance #401, Fourth Series . An Ordinance Of The City Of Shakopee, Minnesota, Extending The Interim Ordinance _ Restricting Development In Blocks 3 And 4, Original Shakopee Plat, For An Additional Period Of Six Months, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4166, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30 And 31 Project No. 1993-9, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4167, A Resolution Approving Plans And specifications And Ordering Advertisement For Bids For Sarazin Street, From 4th Avenue To County Road 16; Roundhouse Street, From 4th Avenue To County Road 16; And 4th Avenue, From Shawnee Trail To Sarazin Street, Project No. 1994-10, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4171, A Resolution Accepting Work On The Valley Park 11th Addition Improvements Project No. 1993-10, and moved its adoption.- (Motion carried under Consent Business) . The next Committee Of The Whole meetings were scheduled for Tuesday, February 21st at 5 :30 P.M. and Tuesday, February 28th at 5 :30 P.M. Dennis Kraft gave a legislative up-date, discussing proposed changes to the use of tax increment financing and its effect on the City. He also explained that our Legislators would like some factual support from us in an attempt to combat some of the Orfield legislation. Mr. Kraft discussed approaching the group by the name of "Municipal Legislative Commission" , a lobbying group set up- many years ago to protect those cities that were losing big on LGA. He Official Proceedings of the February 7, 1995 Shakopee City Council Page -9_. - explained that this group has hired someone who is producing data that is factual on the other side of the issue. He stated that he would like to approach this group to see if they would agree to give us certain data that we could use for a nominal cost . He explained that if there were 10 or 12 communities interested the cost could be quite modest . Sweeney/Beard moved to authorize the City Administrator to enter into the appropriate agreements . Motion carried unanimously. Sweeney/Brekke moved that priority for the softball fields go to youth activities as opposed to adult activities . Motion carried unanimously. Cncl .Beard provided Councilors with an article regarding large parcel tax appeals and their effects on cities and schools . He asked that staff watch for property tax appeals that may come up in this area. Mayor Laurent adjourned the meeting at 9 : 08 to Tuesday, February 21st at 7 : 00 P.M. Judith S. Cox City Clerk Esther TenEyck Recording Secretary Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Meeting Date: February 21, 1995 Preparation Date: February 15, 1995 Re: Vacation of the portion of the Spencer Street Right-of-Way, Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat. Introduction: Mr.Wallace D. Perry has submitted a petition to vacate the portion of the Spencer Street right-of- way,located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. This vacation is being requested in order to provide an additional 40 feet of property for Wild Iris and the Perry Dental Offices. The applicant would like to provide additional parking stalls and to construct a decorative brick wall within the vacated right-of-way. The City Council will hold a public hearing on February 21, 1995, to consider this vacation request. A copy of the February 9, 1995, Planning Commission staff memo has been attached for your reference. Discussion: The City currently has a number of projects and studies currently underway which may benefit from City ownership of this right-of-way. These include the Downtown Riverfront Plan, plans for a major north/ south trail by Scott and Hennepin Counties, and mandates for stormwater ponding to assist in the clean up of the Minnesota River. Due to the uncertainty of these studies, staff feels that it would not be in the best interest of the City to vacate the right-of-way at this time with the possibility of having to purchase additional land in the near future. However, once these issues are resolved and the studies are completed, it may be determined that there is no further public use for this right- of-way, and the vacation could be acceptable. Alternatives: 1. Do not vacate the portion of the Spencer Street right-of-way located north of TH 101. 2. Vacate the portion of the Spencer Street right-of-way located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities and the existing pedestrian trail over the portion of Spencer Street proposed for vacation. 3. Vacate the eastern 40 feet of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities. 1 4. Continue the public hearing and request that staff and / or the applicant provide additional information. Planning Commission Recommendation: Due to the uncertainty of the studies discussed in the Planning Commission staff memo, the Planning Commission recommended Alternative No. 1 (the denial of the vacation request). The Planning Commission is of the opinion that it would not be in the best interest of the City to vacate the right- of-way at this time with the possibility of having to purchase additional land in the near future. Action Requested: Offer Resolution No. 4172, A Resolution Approving the Vacation of the Portion of the Spencer Street Right-of-Way Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat, and move its adoption. (If the City Council concurs with the recommendation of the Planning Commission to deny the vacation request, the City Council should vote against the adoption of this Resolution.) (CITYCOUMVACSPEN 2.221 2 RESOLUTION NO. 4172 A RESOLUTION VACATING THE PORTION OF THE SPENCER STREET RIGHT-OF-WAY LOCATED NORTH OF TH 101 AND SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCKS 1 AND 2, ORIGINAL SHAKOPEE PLAT WHEREAS, an 80 foot wide by 142 foot long portion of right-of-way for Spencer Street was dedicated north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned portion of this right-of-way serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 21st day of February, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1.) That it finds and determines that the vacation hereinafter described is in the public interest; 2.) That the 80 foot wide by 142 foot long portion of right-of-way for Spencer Street located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat serves no further public need; 3.) That all that part of the 80 foot wide by 142 foot long portion of right-of- way for Spencer Street located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, Scott County, Minnesota, be, and the same hereby is vacated; 4.) That the approval of this vacation is contingent upon reserving a drainage and utility easement for the existing utilities and the existing pedestrian trail over the portion of Spencer Street proposed for vacation; and 5.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: February 9, 1995 RE: Vacation of the portion of the Spencer Street Right-of-Way, Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat. INTRODUCTION The City has received a petition from Wallace D.Perry for the vacation of the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. The City Council will hold a public hearing on February 21, 1995, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. BACKGROUND Attached is a copy of the Zoning Map which shows the location of the portion of the Spencer Street right-of-way proposed for vacation. (See Exhibit A.) The portion of the right-of-way that is being considered for vacation is 80 feet in width and 142 feet in length. The land within Block 2 was acquired by the Minnesota Department of Transportation for right-of- way for the mini-bypass. Block 1 contains both commercial and residential uses. There is an existing alley within Block 1, and this alley provides access to the residential units located above the commercial structures. If the right-of-way were vacated, the alley would remain intact, and all adjacent property owners would continue to front a public right-of-way. DISCUSSION This vacation request is being made in order to provide additional parking area for Wild Iris and the the Perry Dental Offices,which are both located on Block 1. For a better understanding of the result of this vacation, the Planning Commission may want to refer to the attached Exhibit B. This exhibit provides the following information: 1.) Shows the location of the portion of Spencer Street being proposed for vacation, existing property lines, and existing land ownership; and 2.) Shows the result of the vacation of the portion of Spencer Street, the new property lines, and the resulting land ownership. All applicable utilities have been notified of this vacation request. Minnegasco, Northern States Power Company(NSP), and U.S. West telephone have commented that they have no facilities within the site, and have no objection to its vacation. As of this writing, Shakopee Public Utilities (SPUC) has not responded to the review for this vacation request. 1 There is an existing watermain and a 15" sanitary sewer pipe located within the street proposed for vacation. The watermain is located within western portion of the right-of-way, and the sanitary sewer is located approximately in the middle of the right-of-way. However, if this portion of the Spencer Street right-of way were to be vacated, a drainage and utility easement would need to be reserved over the entire 80 foot width of the right-of-way. There are a number of projects and studies currently underway at the City which may benefit from City ownership of this right-of-way, including the following: Existing Trail: The Minnesota Department of Transportation (MN DOT) has constructed a bituminous trail within the western portion of the Spencer Street right-of-way that is being proposed for vacation. This trail is intended to serve as a pedestrian access between the downtown area and Huber Park. Downtown Riverfront Design Plan: The City is currently in the process of planning Huber Park and the area adjacent to the Minnesota River. However, the final design has not yet been determined. It may be possible that once this design is completed, the subject site may be impacted and the right-of-way may be needed for either pedestrian or vehicular access to Huber Park. Non-Point Pollution into the Minnesota River: Recently, local cities have received mandates requiring stormwater ponding to assist in the clean up of the Minnesota River. Due to these mandates, stormwater ponds will be required to be constructed within the Huber Park area to filter the stormwater runoff. However, the number of the ponds that will be required, as well as their sizes and locations, have not yet been determined. Comprehensive Plan: Two of the goals of the "Parks, Open Space, and Trail System Plan"within the approved 1990 draft Comprehensive Plan are to: 1) Link the various municipal, county federal, and private outdoor recreation sites with paths for pedestrians and bicyclists; and 2) Create a recognition in the minds of local decision-makers that parks and trails are more than a luxury; they are an essential element of a broader strategy to promote municipal fiscal strength, private economic growth, and quality of life. There is also the possibility that this site may be necessary for a major north/south trail that is being planned by Scott and Hennepin Counties. ROLE OF THE PLANNING COMMISSION Pursuant to MSA 462.356,the Planning Commission must review any proposed vacation and report to the City Council as to its compliance with the Comprehensive Plan. ALTERNATIVES 1. Recommend that the City Council deny the request to vacate the portion of the Spencer Street right-of-way located north of TH 101. 2 2. Recommend the vacation of the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities and the existing pedestrian trail over the portion of Spencer Street proposed for vacation. 3. Recommend the vacation of the eastern 40 feet of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities. 4. Table the decision and request that staff and/or the applicant provide additional information. STAFF RECOMMENDATION Due to the uncertainty of the studies discussed above, staff recommends Alternative No. 1 (the denial of the vacation request). Staff believes that it is not in the City's interest to vacate property that may need to be repurchased in the near future in order to implement one or more of the previously mentioned plans or studies. However, once these issues are resolved and the studies are completed, it may be determined that there is no further public use for this right-of-way, and the vacation could be acceptable. Staff feels that it would not be in the best interest of the City to vacate the right-of- way at this time with the possibility of having to purchase additional land in the near future. ACTION REQUESTED Offer a motion to recommend to the City Council the denial of the request for the vacation of the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right- of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. {PLANCOMM\VACSPENC.FEB) 3 EXHIBIT A 4.,..4", : \\ I , \\l'i% j . TL lirHUBFR PARK . oss r 2 / f .. . s• ��' wer„.• � BJECTSIE- > +- — t SJ - . / ..A ii 1 m'il tig rii ill 111 gill Is l h IGO ___AA-'). fiVi . 0-4A etit I i AG AGRICULTURE "rit Vi tiall l 1 RR RURAL RESIDENTIALI I I R 1A LOW DENSITY RESIDENTIAL I 1 P,1 B URBAN RESIDENTIAL nail f I RIC OLD SHAKOPEE RESIDENTA!L Tas [ I ' MAO R2 MEDIUM DENSITY RESIDENTIAL . • wtit i l I R3 MULTIPLE FAMILY RESIDENTIAL II I 1 B1 HIGHWAY BUSINESS [ I B2OFFICE BUSINESS -- smirk Iliti 0- * l I B3 CENTRAL BUSINESS 11 III 411 ill* Atilt it • I 111 LIGHT INDUSTRIAL r,_ 112 HEAVY INDUSTRIAL ' li I illa 1 f I MR MAJOR RECREATION _ S SHORELAND F:77•1 F FLOODPLAIN DISTRICT MS -1-Lra-rrig\ .- ' -- MANDATORY PUJ Zoning Map City of SHAKOPEE EXHIBIT B 1. Highlighted area is the location of the Huber Park portion of Spencer Street being proposed for vacation. Also shown are the City of Shakopee existing property lines and the adjacent — land ownership. ,.. ot _/ )R 1 \ D o D Mini-Bypassfzk "4 -----� iii OW ' 1 liiiii02 11111111 Avenue � "s a is C.) C2':.) � Or 1 IR 111111111 lst Av o 0 • ...diellb' til ,t 5 1. i N 1 I gill a 3 ,1 x trl \ \ —2. Shows the result of the vacation of the Huber Park portion of Spencer Street, the new property lines, and the resulting land ownership. City of Shakopee o., O o) A �, c) ___-----"A � o i •n�-Bypas, ' , l'impr 1st A Zvim , venue 4 1Tait _ ---- ii O t-Ar, lt-ni tit %_________________________.1 ------1 r \' 'x ', Attn: Judy Cox City Hall City of Shakopee February 2, 1995 Attention Judy Cox: 1 am asking the city of Shakopee to vacate Spencer Street to the alley, which is east of my property on 1st Avenue. I will not be using this to build a building but I would like to improve the view from the highway by installing a decorative block wall part way to the alley. This is an area that needs improvement as it is an eyesore in the summer with weeds, etc. I could also possibly park a couple of cars by putting crushed rock & black top up to the wall. The reason this street was closed was to eliminate one extra entrance to the highway, therefore making it safer. I plan on installing the wall this spring. I am sorry that I can't be an the meeting but I made plans to be away at this time in October, '94. Thank you, CRY OF SHAKOPEE Wallace Perry 834 S Lewis StFEB 3 1995 Shakopee MN 55379 Shakopee MN 55379 ECEIVE -� I� a � CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Meeting Date: February 21, 1995 Preparation Date: February 10, 1995 Re: Rezoning: Medium Density Residential (R-2) to Urban Residential (R-1B). Introduction: Vierling Partnership and Gloria M. Vierling are requesting an Amendment to the Zoning Map for a small area located within the proposed Final Plat for Homestead Ridge 2nd Addition. Discussion: The majority of the property within the Final Plat for Homestead Ridge 2nd Addition is zoned Urban Residential (R-1B), but a small portion of the site in the southwest corner is zoned Medium Density Residential (R-2). The applicant is requesting that the City rezone this .11 acre portion of their site from Medium Density Residential (R-2) to Urban Residential (R-1B) to conform with the zoning of the remaining Final Plat site. A copy of the February 9, 1995, Planning Commission staff memo has been attached for your reference. The applicant is requesting a refund of the zoning application fee ($250). With the initial planning of the Homestead Ridge subdivision, the developer requested that the property be rezoned to the "old" Urban Residential (R-2) district. The City Council approved this rezoning request. With the Phase 2 rezoning process initiated by the City,the two unplatted parcels between CR 79 and the Homestead Ridge subdivision were zoned to the Medium Density(R-2). The legal description recorded with the ordinance included a small portion of the Homestead Ridge property. Due to this situation, staff would recommend that the refund request be granted. Alternatives: 1. Rezone the subject site from Medium Density Residential (R-2)to Urban Residential (R-1B). 2. Deny the request to rezone the subject site from Medium Density Residential (R-2)to Urban Residential (R-1B). 3. Table the decision to allow the applicant and/or staff to provide additional information. Planning Commission Recommendation: The Planning Commission recommended Alternative No. 1, to rezone the site, based upon its conformance with the Land Use Section of the approved 1990 draft Comprehensive Plan, and based upon its conformance with Criterion No. 1 of Section 11.83, Subd. 2, of the Shakopee City Code. 1 ACTION REQUESTED 1. Offer Ordinance No. 405, Fourth Series an Ordinance of the City of Shakopee, Minnesota, amending the zoning map to rezone A.11 acre site located adjacent to the south and west lot lines of Outlot B,Homestead Ridge 1st Addition from Medium Density Residential (R-2)to Urban Residential (R-1B) and move its adoption. 2. Direct staff to refund the rezoning application fee($250). (CITYCOUN\REZHOMES.221) 2 ORDINANCE NO. 405, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE A .11 ACRE SITE LOCATED ADJACENT TO THE SOUTH AND WEST LOT LINES OF OUTLOT B, HOMESTEAD RIDGE 1ST ADDITION FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO URBAN RESIDENTIAL(R-1B). WHEREAS,on January 3, 1995, Gloria M. Vierling and Vierling Partnership submitted an application requesting rezoning from Medium Density Residential (R-2)to Urban Residential (R-1B) of.11 acres of land owned by them which is described on Attachment 1; and WHEREAS, a public hearing was held on February 9, 1995, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on February 9, 1995, and voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.21 is hereby amended by rezoning the .11 acre site described on Attachment 1 from Medium Density Residential (R-2)to Urban Residential (R-1B). Section 2-Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: February 9, 1995 Re: Rezoning: Medium Density Residential (R-2)to Urban Residential (R-1B) SITE INFORMATION Applicant: Vierling Partnership /Gloria M. Vierling Location: East of County Road 79 and Monarch Street, South of Mound Street. Current Zoning: Medium Density Residential (R-2). (See Exhibit A.) Adjacent Zoning: North: R-1B Urban Residential South: AG Agricultural (proposed TH 101) East: R-1B Urban Residential West: R-2 Medium Density Residential Comp. Plan: 1980: Agricultural. (See Exhibit C.) Draft 1990: Single Family Residential. (See Exhibit D.) Area: 20 feet by 244.87 feet, or approximately .11 Acre. MUSA: The site is within the MUSA and can be served by all municipal utilities INTRODUCTION Gloria Vierling and Vierling Partnership has submitted an Application for an Amendment to the Zoning Map for a small area located within the proposed Final Plat for Homestead Ridge 2nd Addition. The majority of the site within this Final Plat is zoned Urban Residential (R-1B), but a small portion of the site in the southwest corner is zoned Medium Density Residential (R-2). (See Exhibits A and B.) The applicant is requesting that the City rezone this .11 acre portion of their site from Medium Density Residential (R-2) to Urban Residential (R-1B) to conform with the zoning of the remaining Final Plat site. BACKGROUND The site was annexed into the City of Shakopee in 1971 from Eagle Creek Township. At that time, it was zoned "Suburban Residential". In 1979, the City rezoned the site to Agricultural (AG). The Preliminary Plat for the Homestead Ridge development was approved by the City Council on February 15th, 1994. On that date the City Council also approved the rezoning of the Preliminary Plat site from Agricultural (AG) to Urban Residential (R-2) at the request of the applicant. However, the legal description recorded with the ordinance approving the rezoning of the site omitted a 20 foot wide by 245 foot long portion of the Homestead Ridge site, and it remained zoned Agricultural. 1 With the update of the Zoning Map this year, this Agriculturally Zoned portion of the site was rezoned to Medium Density Residential (R-2). With this application, Vierling Partnership is requesting that the City rezone this portion of the site from Medium Density Residential (R-2) to Urban Residential (R-1B) to conform to the Zoning of the remaining portion of the plat. The applicant has also submitted a request for approval of the Final Plat for Homestead Ridge 2nd Addition. This request is also on the Agenda for the February 9, 1995, meeting of the Planning Commission. CONSIDERATIONS 1. The adopted 1990 draft Comprehensive Plan has designated this area for single family residential development. (Please refer to Exhibit D.) The applicant's rezoning request is in conformance with this designation. 2. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits E and F provide lists of the uses, both permitted and conditional, allowed within the Urban Residential (R-1B) and Medium Density (R-2)Zones. 3. All departments and the applicable reviewing agencies have recommended approval, and staff has not received any opposition to this request. FINDINGS Section 11.83, Subd. 2, of the City Code states that the City Council may grant a Zoning Ordinance amendment when it finds that the request meets one or more of the following criteria. The request to rezone the subject site meets the requirements of Criterion No. 1 of Section 11.83, Subd. 2 as follows: Criterion #1 The original zoning ordinance is in error; Finding#1 The current zoning designation for the subject site is not in compliance with the land use plan and would therefore be in error. The applicant's request to rezone the site from R-2 to the R-1B Zone would bring the site into conformance with the 1990 draft Comprehensive Plan. Criterion #2 Significant changes in community goals and policies have taken place; Finding#2 The goals and policies for the Single Family Residential Zone within the City of Shakopee have not changed. Therefore, this criterion is not applicable to this rezoning request. 2 Criterion #3 Significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Development within this area has been in conformance with the draft 1990 Comprehensive Plan. Therefore, this criterion is not applicable to this request. Criterion #4 That the Comprehensive Plan requires a different provision. Finding#4 This request is in accordance with the 1990 draft Comprehensive Plan. However, this criterion is not applicable to this rezoning request. ALTERNATIVES 1. Recommend that the City Council rezone the subject site from Medium Density Residential (R-2) to Urban Residential (R-1B). 2. Recommend that the City Council deny the request to rezone the subject site from Medium Density Residential (R-2) to Urban Residential (R-1B). 3. Continue the public hearing to allow the applicant and/or staff to provide additional information. RECOMMENDATION Staff recommends Alternative No. 1, based upon its conformance with the Land Use Section of the approved 1990 draft Comprehensive Plan, and based upon its conformance with Criterion No. 1 of Section 11.83, Subd. 2, of the Shakopee City Code. ACTION REQUESTED Offer a motion to recommend that the City Council rezone the subject site from Medium Density Residential (R-2) to Urban Residential (R-1B), and move its approval. 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' tt.A"'"•4.-i-:.F4.4'''''', ..,":4: :E.• :-7, • -, '''..•..-.,,,*.INnT::".;',77,e,:=:--'7-•, -.5.,,,..1-.i If- -.--,,, ,,--;-.";-1,-,'',4' '.• • - - 4-.-+____ 1 1 • - . : . • . - ' ..'• ' - -:-. ''•tskr,,,,,....,,,,r.,,,....,„, „.„4.,,, , _ lei s•ND -L-4- - • •':''.:-•-. . .--. \ 'fs-.4:4-404F..._*"'}eall-• . , • '• _ . _ . ....-- — -- .... ., _.: , ... -. -, - 1:,:••':•,0•00'"......-‘.-— — I T SITE >-----•-::--- - - --- 4•00.- .-....001011101.... ...... ..... .... .... ...., .. _ . • : , „ . , , . ..•-• '-- •.... , , •• --- immosiWniiiiim aimisismistasisiiims . .,.. ., ,_. 0000101!. .....• • - --. EXHIBIT F SEC. 11 . 28 . URBAN RESIDENTIAL ZONE (R-1B) . Subd. 1 . Purpose. The :,urpcse of the urban residential zone is to provide an area for residential development where public sanitary sewer and water are available . Subd. 2 . Permitted Uses . Within the urban residential zone, • no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. existing single family attached dwellings; C. existing two family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six. (6) or fewer persons. Subd. 3 . Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except.- by conditional use permit : A. churches and other places of worship; B. home occupaticns; C. cemeteries; D. , public cr Private schools having a course of instruction aDtroved by the Minnesota =pard of Education for students enrolled in K thrc•:gh grade 12, or any portion__thereof; E. bed and breakfast inns; F. utility ser:._=e structures ; G. day care fac:lities serving 13 through 16 persons ; H. residential facilities servicing from 7 through 16 persons ; 30 • • I . relocated structures; J. structures over 2-1/2 stories or 35 feet in height; K. developments containing more than one principal structure per lot; or L. other uses similar : to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the urban residential zone, the following uses shall be permitted accessory uses : A. garages; - B. fences; C. recreation ec-iipmen:; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. . solar equipment; or - H. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Desian Standards . Within the urban residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one . single family dwelling per 9, 000 square feet ; one existing :wo-family dwelling per 11, 000 square feet . 3. Maximum-impervious surface percentage : 50% C. Lot specifica:ions : g --ffamily detached : 60 feet; Minimum lot width _;n i_edetached) : (existi_ two-family dwelling) : 70 feet Minimum lot depth: 100 feet Minimum frond: yard setback : 30 feet Minimum side yard setback : 10 feet Minimum rear yard setback : 30 feet 31 EXHIBIT F SEC. 11 . 32 . MEDIUM DENSITY RESIDENTIAL ZONE (R-2) . =ri Subd. 1 . Purpose. The purpose of the medium density residential zone is to provide an area which will allow 2 . 5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses . Subd. 2 . Permitted Uses . Within the medium density residential zone, no structure or land shall be used except for one or more of the following uses:- A. residential structures containing two to four dwelling units; B. existing. single family 'dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. multiple-family dwellings containing up to 6 units; B. home occupations; C. hospitals and clinics; D. cemeteries; E. ._..churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnescta card of Education for students enrolled in K through grade 12, cr any portion thereof; G. nurs-ing homes; H. bed and breakfast inns; - I . utility service structures ; J. day care facilities serving from 13 through 16 persons; 36 • • K. residential facilities serving from 7 through 16 persons; L. relocated structures; M. structures over 2-1/2 stories or 35 feet in height ; N. developments containing more than one principal structure per lot; or - 0. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4 . Permitted Accessory Uses . Within the medium density residential zone, the following Uses shall be permitted accessory uses : A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. . solar equipment; or I. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards . Within the medium density residential zone, no land shall be used, and no structure shall he constructed or used, except in conformance with the follcwing minimum re uirements : A. Density: cne single family dwelling per 9, 000 square feet; one two-family dwelling per 11, 000 scare feet; one triplex per 12 , 000 square feet ; one quadniex per 16, 000 square feet . B. Maximum impervious surface percentage : 6Co C. Lot specifications : Minimum lot width (single-family detached) : 60 feet ; (two-family dwelling) : 70 feet ; (multiple-family dwelling) : 100 feet Minimum lot depth: 100 fee: Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit . Subd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. SEC. 11.33 . Reserved. 38 ATTACHMENT 1 That part of the Southwest Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of the Southwest Quarter; thence North 00°03'44" East, on an assumed bearing, along the west line of the Southwest Quarter, a distance of 583.22 feet; thence South 86°53'56" East, a distance of 320.00 feet; thence North 00°03'44" East, a distance of 31.96 feet to the northerly line of Parcel' 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4 and the point of beginning of the land to be described; thence continue North 00°03'44" East, a distance of 248.04 feet; thence South 86°53'56" East, a distance of 69.48 feet; thence South 00°03'44" West to the northerly line of said Parcel 55; thence southwesterly along the northerly line of said Parcel 55 to the point of beginning. lib CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Meeting Date: February 21, 1995 Preparation Date: February 10, 1995 Re: Final Plat: Homestead Ridge 2nd Addition Introduction: Vierling Partnership has submitted an Application for Final Plat Approval for Homestead Ridge 2nd Addition to develop 28 single family residential lots. The subject site is located east of County Road 79, south of Mint Circle, and extends Homestead Way from Homestead Ridge 1st Addition to the east and south, into the 2nd Addition. A copy of the February 9, 1995, Planning Commission staff memo has been attached for your reference. Discussion: The developer for Homestead Ridge 2nd Addition does not wish to construct the stub street which lies in the southern portion of the plat, west of Homestead Street, until the property to the west of the plat develops. Both City staff and the Planning Commission are in agreement with this timing issue. In order to delay the construction of this street and yet provide for its construction in the future, the following additional condition was recommended by the Planning Commission: 1.G. The developer shall record a document which would require that the owners of the parcels between County Road 79, Mound Street, and the Homestead Ridge 2nd Addition subdivision pay for the costs of street curb, gutter, utilities, and other required public improvements for the stub street between Homestead Street and these parcels. The proposed Final Plat is in substantial conformance with the approved Preliminary Plat. However, for more even lot lines within the southwest corner of the plat, the applicant exchanged some of their property for property owned by the adjacent owner. This exchange does not have a substantial impact upon the plat, or the adjacent parcel. Alternatives: 1. Approve the Final Plat, subject to conditions. 2. Modify the conditions recommended by the Planning Commission, and approve the Final Plat, subject to the revised conditions. 3. Do not approve the Final Plat, stating the reasons for denial. 4. Table the decision, and request additional information from the applicant and/or staff. 1 Planning Commission Recommendation: The Planning Commission has recommended the approval of the Final Plat for Homestead Ridge 2nd Addition(Alternative No. 1), subject to conditions. Action Requested: Offer Resolution No. 4173, A Resolution Approving the Final Plat for Homestead Ridge Second Addition, and move its adoption. (CITYCOUN\PPHOMESf.221) 2 • RESOLUTION NO. 4173 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR HOMESTEAD RIDGE SECOND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Homestead Ridge Second Addition on February 9, 1995, and have recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Homestead Ridge 2nd Addition, described as Outlots A and B, Homestead Ridge First Addition is hereby approved, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required 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 in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 6) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign (2 signs x $250 = $500). 7) Park dedication fees shall be collected in lieu of the dedication of park land. The park dedication 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. 8) 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 post a bond or letter of credit to ensure compliance within the one year time frame. C. Final construction plans for all public improvements shall be approved by the Engineering Department. D. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. E. The rezoning of the portion of the site currently zoned R-2 to R-1B is approved by the City Council. F. The following revisions shall be made to the Final Plat drawing: 1) The street proposed to be named "Homestead Way" should be renamed to "Homestead Street"; 2) The cul-de-sac located at the southern portion of"Homestead Street" shall be named either "Homestead Court"or "Homestead Circle"; and 3) The stub street measuring approximately 150 feet in length and located adjacent to the cul-de-sac at the southern portion of"Homestead Street" shall be named "Wagon Wheel Circle". G. The developer shall record a document which would require that the owners of the parcels between County Road 79, Mound Street, and the Homestead Ridge Second Addition subdivision pay for the costs of street curb, gutter, utilities, and other required public improvements for the stub street between Homestead Street and these parcels. 2. The following must be completed prior to the approval of Building Permits for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. The applicant shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. C. The applicant shall extend the berm to be constructed by the Minnesota Department of Transportation along the southeast 245 foot property line for noise mitigation purposes. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney CONSENT Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner • Meeting Date: February 9, 1995 RE: Final Plat for Homestead Ridge 2nd Addition INTRODUCTION Vierling Partnership has submitted an Application for Final Plat Approval for Homestead Ridge 2nd Addition. The subject site is located east of County Road 79, south of Mint Circle, and extends Homestead Way from Homestead Ridge 1st Addition to the east and south, through the 2nd Addition. The majority of the subject site is zoned Urban Residential (R-1B), but a small portion of the site is zoned Medium Density Residential (R-2). (See Exhibit A.) BACKGROUND The Preliminary Plat for Homestead Ridge was approved by the City Council on February 15th, 1994. It contained 50 residential lots and one outlot on 21.71 acres. The City Council also rezoned the site on February 15th from Agricultural (AG) to Urban Residential (R-2) at the request of the applicant. However, the legal description recorded with the approval inadvertently omitted a 20 foot wide by 245 foot long portion of the site, and this portion of the plat remained zoned Agricultural. With the update of the Zoning Map this year, this Agriculturally Zoned portion of the site was rezoned to Medium Density Residential (R-2). Due to this situation, the applicant has also submitted a request to rezone this small portion of the site from Medium Density Residential (R-2) to Urban Residential (R-1B) to conform to the Zoning of the remaining portion of the plat. The public hearing for this rezoning request will be held at the February 9, 1995, meeting of the Planning Commission. The Final Plat for the first phase of this development was approved by the City Council on April 19, 1994, and contained 22 single family residential lots and three outlots. With this application, the developer is requesting approval to develop Outlot A (7.82 Acres) and Outlot B (4.13 Acres) of the 1st Addition for the second and final phase of the development, consisting of 28 single family residential lots. CONSIDERATIONS 1. The proposed Final Plat for Homestead Ridge 2nd Addition is in substantial conformance with the approved Preliminary Plat. However, for more even lot lines within the southwest corner of the plat, the applicant exchanged some of their property for property owned by the adjacent owner. This exchange does not have a substantial impact upon the plat or the adjacent parcel. 1 2. The draft 1990 Comprehensive Plan has designated this area for Single Family Residential development. This land use category allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. 3. The site is currently zoned both Urban Residential (R-1B) and Medium Density Residential (R-2). With this application for the Final Plat for the 2nd phase, the applicant has also submitted a request to rezone a 20 foot by 245 foot portion of the site from Medium Density Residential (R-2) to Urban Residential (R-1B). The Planning Commission will hold the public hearing for this request at the February 9, 1995, meeting. Please refer to the staff report for the rezoning request for additional information regarding the rezoning. 4. All 28 of the lots within the second phase of the proposed development meet or exceed the 9,000 square foot minimum lot size requirement within the R-1B Zone. The average residential lot size is 18,218 square feet, with the smallest lot proposed to be 9,000.47 square feet in area, and the largest lot proposed to be 39,563 square feet in area. 5. At the time of the platting of the first phase, Minnegasco had a blanket easement over the entire plat for an existing gas line. The blanket easement has since been released, and a new 78 foot wide easement for the gas line has been recorded and is shown on the Final Plat. 6. Due to the proximity of southern portion of this phase to the proposed TH 101 Bypass, noise mitigation measures will be required to protect the future residents. A condition of approval for the Preliminary Plat required that a type of continuous barrier (berm or wall) be constructed along the south boundary of the site to reduce the noise impact upon the development to the maximum nighttime 55 dBA (L10) sound level. Also required with the approval of the Preliminary Plat is that the developer record an agreement which notifies home buyers of the future Bypass and its possible noise impacts. The Minnesota Department of Transportation (MN DOT) will be constructing a portion of this berm for purposes of noise mitigation along the majority of the southern portion of the plat. However, the 245 foot long property line along the southeast portion of the plat is not located directly adjacent to the TH 101 right-of-way. The Minnesota Pollution Control Agency is recommending that the City require the applicant to extend this berm along this 245 foot property line, and the applicant is in agreement with this requirement. Staff has recommended a condition requiring compliance with the construction of this berm. 7. Currently, the street name for Homestead Way does not conform to the City's Street Naming Policy. The developer has agreed to change the name to Homestead Street to meet the requirements of the street naming policy. 2 The applicant has not proposed any street names for the cul-de-sac, nor the stub street located adjacent to the cul-de-sac. In order to conform to the street naming policy, the cul-de-sac should be named either Homestead Court or Homestead Circle. The applicant is proposing to name the stub street located adjacent to this cul-de-sac Wagon Wheel Circle in keeping with the homestead theme. Staff has discussed these street naming issues with the developer, and she is in agreement with these changes. A condition has been recommended requiring these changes on the recorded Final Plat drawing. 8. Final construction plans are in the process of being reviewed by staff. Approval of the Final Construction Plans by the Engineering Department is required prior to the recording of the Final Plat. 9. Grading and drainage plans, stormwater calculations, and an erosion control plan have already been submitted and have been approved by the Engineering Department. 10. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency, including an NPDES Permit for the stormwater runoff and erosion control. Staff has recommended a condition requiring that a copy of the NPDES Permit submitted to the City prior to the recording of the Final Plat. 11. Shakopee Public Utilities has commented that both water and electrical services are available to the area, subject to their standard terms and conditions. 12. The developer has requested a one year delay in the requirement to set the iron monuments for the plat. A condition has been recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the Final Plat. The City will require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. 13. City staff has issued a Certificate of Exemption to the Wetlands Act of 1991 to the applicant. 14. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. According to an appraisal authorized by the City Council, the park dedication for the lots within the 2nd phase would be $562.49 per lot Cash park dedication payments are due prior to the approval of the Final Plat by the City Council. However, the developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of Building Permits. This request will be made a part of the Developer's Agreement. 3 STAFF RECOMMENDATION Staff recommends the approval of the Final Plat for Homestead Ridge 2nd Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required 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 in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 6) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign (2 signs x $250 = $500). 7) Park dedication fees shall be collected in lieu of the dedication of park land. The park dedication 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. 8) 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 post a bond or letter of credit to ensure compliance within the one year time frame. C. Final construction plans for all public improvements shall be approved by the Engineering Department. D. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. E. The rezoning of the portion of the site currently zoned R-2 to R-1B is approved by the City Council. F. The following revisions shall be made to the Final Plat drawing: 1) The street proposed to be named "Homestead Way" should be renamed to "Homestead Street"; 4 2) The cul-de-sac located at the southern portion of"Homestead Street" shall be named either "Homestead Court"or "Homestead Circle"; and 3) The stub street measuring approximately 150 feet in length and located adjacent to the cul-de-sac at the southern portion of"Homestead Street" shall be named "Wagon Wheel Circle". 2. The following must be completed prior to the approval of Building Permits for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. The applicant shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. C. The applicant shall extend the berm to be constructed by the Minnesota Department of Transportation along the southeast 245 foot property line for noise mitigation purposes. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the Final Plat for Homestead Ridge 2nd Addition, and move its approval. {PLANCOMM\FPHOMEST.FEB} ,!� / // ;its ,i . 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LU rM.31,ec6fiN i o 'W It; �I cE .;_ 1$ w 81 Z 18N"ip 81 I 1 r%K91:9TdifIT Ir. I t. •p \ 8 1 oo•o. 1 L______� ,;; /Qeui L__ O / Ya 'f M,919G.6BN ry;( r�A,91,9G.69N 7. J41 • :L \ t% 1 q. OG Of _ OI Q ......it, -. _ 4 co I 11 Z W W i `:: f `.' ¢�4 >. ✓3„te,£52 N 0 0 a .�. :3 -. Bb'99 _ • , \ • // •P N iii��'_ 1PI •gid tit:� ' �, I.-. 4 o t/. =N (n ur -.I : �L 91'9Z1 �1./L-QY_d01°L.) ..../...° -- v' Q T �y udp r. Z 1.:1 (.....• i= •.L •22'39N'GIIdM.L 3,65,6£.6811 W 'O '1'736 40 b/IM93111!0 6./INN 3111 JO / f 1 900NOC NINON 3111 J03NIl Nl5093N1��. — V �/ N0! J. l:.;JV ;J_ +, 5 t't,:i;.. 2 .i.. 1 C.5 O : �- �,CO r1 I OCD o Z • I 4 1 Nr ft/0 Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Meeting Date: February 21, 1995 Preparation Date: February 15, 1995 Re: Planned Unit Development: Valleyfair Amusement Park INTRODUCTION Cedar Fair Limited Partnership is requesting the approval of a Planned Unit Development (PUD)for the Valleyfair Amusement Park. At their January 5, 1995, meeting, the Planning Commission recommended approval of the PUD, subject to conditions. A copy of the Planning Commission staff report has been attached for your reference. BACKGROUND In the Zoning Ordinance update process, several discussions between the City Council and Valleyfair took place regarding alternative methods for bringing the amusement park into compliance with the zoning regulations. The PUD process was agreed as being the appropriate method for providing the applicants with the necessary flexibility to continue operating and expanding their amusement park, while providing the City the necessary control for guiding the development of the site. DISCUSSION With the approval of this PUD, future park expansion projects can be accommodated in the Building Permit process. The park expansion projects are shown on Site Plan No. 3, and would include new amusement rides, parking, and accessory structures to support the amusement park system. These uses would be required to comply with the Major Recreation Zone regulations, as well as other City Codes. In recent discussions with representatives from Valleyfair, the residential dormitory for summer employees was proposed to be located north of the existing amusement park. The applicants originally proposed the construction of the dormitory this spring. However, their plans have since changed and they do not intend to construct the dormitory until 1996. A recommended condition listed in the staff report to the Planning Commission required that the PUD plans be revised to reflect this change. The applicant has since complied with this condition by the addition of a dark square within the area labeled, "Parking, Park Expansion, Support Services, Dormitory". (See Revised Site Plan dated 1/4/95). Therefore, this has been eliminated from the recommended conditions. The developer has submitted a Wetlands Delineation Plan, which is currently being reviewed by City staff. The proposed excavation of wetlands for settling basins and wetland mitigation is subject to the requirements of the Wetlands Conservation Act of 1991. The applicant is not proposing any changes to the wetlands or the relocation of the existing creek at this time. Therefore, the applicant has requested that staff revise the recommended conditions related to these issues (Items 3.B and C in the staff report to the Planning Commission), and the Planning Commission has recommended the approval of these revisions. 1 The applicants are also requesting that the City Council consider reducing the PUD review fee. The fee for Valleyfair calculated to $5,700.00, $700.00 base fee + $4,000.00 acreage fee. (The Fee Schedule also requires a$1,000.00 deposit which is used to pay for additional review costs-traffic, stormwater,sewer studies,etc.) The applicants feel that the acreage fee($20.00 x 240 acres)for their entire site results in too great of a fee. Approximately 180 acres of the Valleyfair site is proposed for active uses. The northwestern corner of the site largely lies within the floodway. The applicants have requested that the fee be reduced to $2,000.00. DEVELOPMENT AGREEMENT Since the public hearing at the January 5, 1995, meeting of the Planning Commission, Planning and Legal staff have held discussions regarding the conditions to be contained within the Development Agreement with Valleyfair's attorney, Mr. Larry Griffith. The City Attorney and Planning staff have reviewed and approved the addition of a number of conditions into this agreement. (Please refer to the attached document prepared by Dorsey and Whitney and entitled Planned Unit Development Agreement for Valleyfair.) In order to include these additional conditions, the City Council must approve their addition into the approval of the PUD. Staff is recommending that the additional conditions be incorporated into the resolution approving the PUD, so that they may be included in the Development Agreement. In addition to these conditions, staff would recommend that the following additional language be added to Item III. Performance Standards, 3.2 Construction Materials. The first sentence is a direct quote from City Code Section 11.60, Subd. 10.D, and this recommended condition has been added as Condition No. 2.B within the attached resolution. "Direct off-site views of the light source shall be blocked or screened except for globe or ornamental light fixtures, which may be approved when it can be demonstrated that the off- site impacts stemming from direct views of the light source are mitigated by the fixture design or location. Flickering or flashing lights shall not be substantially increased above the existing level and intensity, so as to create a traffic hazard." ALTERNATIVES A. PUD Approval: 1. Approve the PUD for the Valleyfair Amusement Park, subject to the recommended conditions. 2. Modify the recommended conditions, and then approve the PUD. 3. Do not approve the PUD, stating the reasons for denial. 4. Table the decision, and request additional information from the applicant and/or staff. 2 B. Fee Reduction Request: 1. Approve the PUD review fee reduction and require a $2,000.00 fee. 2. Modify and required PUD review fee to something other than the $2,000.00 requested by the applicants. 3. Deny the request for a reduction in the PUD review fee. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the PUD for the Valleyfair Amusement Park(Alternative No. A.1), subject to conditions. STAFF RECOMMENDATION Staff recommends the approval of the PUD for the Valleyfair Amusement Park (Alternative No. A.1), subject to the additional conditions discussed in the document prepared by Dorsey and Whitney and entitled Planned Unit Development Agreement for Valleyfair. ACTION REQUESTED 1. Offer Resolution No. 4174, A Resolution Approving the Development Plan for the Valleyfair Planned Unit Development, and move its adoption; and 2. Discuss the request for the reduction in the PUD review fee and direct staff as appropriate. (CITYCOUMPUDVFAIR.221) 3 RESOLUTION NO. 4174 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE DEVELOPMENT PLAN FOR THE VALLEYFAIR PLANNED UNIT DEVELOPMENT. WHEREAS,the Planning Commission of the City of Shakopee did review the Development Plan for the Valleyfair Planned Unit Development on January 5, 1995, and has recommended its approval; and WHEREAS,all notices of the public hearing for the Development Plan have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Development Plan for the Valleyfair Planned Unit Development, described as: That part of Government Lot 1,Section 33, Township 116,Range 22, Scott County,Minnesota, lying east of a line drawn parallel with and distance 3,100 feet East of the West line extended of Section 4, Township 115,Range 22; and That part of the East half of Section 4, Township 115,Range 22, lying Northerly of the centerline of Minnesota Trunk Highway No. 101, EXCEPTING THEREFROM that part of said East half lying Northerly of the Northeasterly boundary of Trunk Highway 101 and Westerly of a line drawn parallel with and 3,100 feet East of the West line extended of said Section 4,Scott County,Minnesota; and That part of Government Lot 2,Section 3, Township 115 North,Range 22 West,Scott County,Minnesota, lying Northerly of the centerline of State Trunk Highway No. 101; and Lot 3,Section 3, Township 115 North,Range 22 West,Scott County,Minnesota; and That part of the North Half of the Southwest Quarter(N 1/2 of SW 1/4)of Section 3, Township 115 North,Range 22 West,Scott County,Minnesota, which lies Northerly of the centerline of State Trunk Highway No. 101 is hereby approved, subject to the conditions listed in Attachment 1, entitled Planned Unit Development Agreement for Valleyfair, attached hereto and incorporated herein, as well as the following additional conditions: 1. The following variances are approved: A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". No further Planned Unit Development (PUD) approvals will be required for buildings or structures for the amusement park expansion if they comply with the Major Recreation (MR) Zone regulations and all other City Codes. An amendment to the Planned Unit Development shall be required for the motel and the restaurant. B. Section 4.30, Subd. 4.D regarding Signage Allowed within the Heavy Industrial (I-2) Zone. A variance to this portion of the Sign Ordinance to authorize the existing multiple signs within the interior of the site, as well as the existing pylon sign located at the entrance of the site. 2. The following is approved: A. Section 4.03, Subd. 1.A (4), regarding fences states that fences six feet and under are permitted anywhere on the lot, except the front yard setback; and that fences in excess of this 6 foot height require a Conditional Use Permit. A fence 8 feet in height is approved with this Planned Unit Development to separate the proposed Department of Natural Resources (DNR) trail from the Valleyfair site. B. Direct off-site views of the light source shall be blocked or screened except for globe or ornamental light fixtures, which may be approved when it can be demonstrated that the off-site impacts stemming from direct views of the light source are mitigated by the fixture design or location. Flickering or flashing lights shall not be substantially increased above the existing level and intensity, so as to create a traffic hazard. 3. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Prior to relocating the existing creek, the applicant shall obtain a Permit to Work in Protected Waters or Wetlands from the Minnesota Department of Natural Resources and/or approval by the Army Corps of Engineers. C. Prior to development of any designated wetlands, the applicant must obtain a Certificate of Exemption or an approved Wetland Replacement Plan as required by the Wetlands Conservation Act of 1991. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Development Plan for the Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney DRAFT DATED 02-14-95 PLANNED UNIT DEVELOPMENT AGREEMENT FOR VALLEYFAIR THIS PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 1995 by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation ("City") and CEDAR FAIR LIMITED PARTNERSHIP, a Delaware limited partnership ("Developer"). BACKGROUND: A. Developer is the owner of real property legally described on Exhibit A attached hereto, depicted on the Boundary and Easement Map attached hereto and commonly known as Valleyfair Amusement Park (the "Project" or "Project Area"). B. Pursuant to the request of City and as a result of City's amending its zoning ordinance and rezoning the Project Area, Developer and City desire to enter into this PUD Agreement setting forth the standards applicable to the use and development of the Project as a Planned Unit Development. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises and conditions contained in this PUD Agreement and other good and valuable consideration, the City and Developer agree as follows: I. Development. 1.1 Future development of the Project will be in accordance with the following plans exhibited to or referenced in this Agreement, as the same may be amended from time to time in accordance with the applicable provisions of the City Code (said plans are collectively termed herein the "PUD Plan"): Exhibit B: Site Plan #1 ("Existing Development") prepared by Barr Engineering Company dated September 20, 1994. Exhibit C: Site Plan #2 ("PUD Plan") prepared by Barr Engineering Company dated September 20, 1994. Exhibit D: Site Plan #3 ("Drainage Plan") prepared by Barr Engineering _-_ Company dated September 20, 1994. Exhibit E: Wetland Map prepared by Barr Engineering Company dated December 21, 1994. Exhibit F: Boundary and Easement Map prepared by Barr Engineering Company dated December 20, 1994. Exhibit G: Contour Map prepared by Barr Engineering Company dated December 21, 1994. 1.2 The City hereby approves the Project as shown in the Exhibits attached to or referenced in this Agreement and as described in this Agreement, and approves each Exhibit and the items shown thereon. 1.3 Provided future development of the Project conforms to the PUD Plan and otherwise complies with applicable building codes, the Developer may develop and use the project in accordance with the uses shown on the PUD Plan. No City approvals under the Zoning Ordinance (Chapter 11 of the City Code) ("Zoning Ordinance") shall be required as a condition of such use and development. Notwithstanding the foregoing, the Developer shall seek a PUD amendment for the proposed development of a motel or restaurant if such development does not meet the provisions of the Zoning Ordinance, as modified by this Agreement, including the following: As to a Motel: a) Access: Access shall be via a service road. There shall be no direct access to State Highway 101. b) Size: The total square footage of the structure shall not exceed 100,000 square feet. c) Capacity: The total number of units shall not exceed 100 units. 2 As to a Restaurant: a) Access: Access shall be via a service road. There shall be no direct access to State Highway 101. b) Size: The total square footage of the structure shall not exceed 20,000 square feet. c) Capacity: Capacity shall not exceed seating for 500 patrons. 1.4 The timing and phasing of the future development of the Project will be determined by the Developer. Nothing in this Agreement shall be construed as a commitment or obligation on the part of the Developer to expand or further develop the Project. 1.5 More than one principal structure may be constructed on any single parcel. II. Permitted Uses. 2.1 Except as hereinafter specifically provided, all of the uses listed under Subd. 2. (entitled "Permitted Uses" and Subd. 3. (entitled "Conditional or Planned Unit Development Uses") of the Major Recreation Zone (Section 11.42 of the City Code) are incorporated herein by reference and shall be permitted uses in the Project, subject to the terms and conditions of this Agreement. Those uses listed in Section 11.42 Subd. 3 which are not incorporated herein as "Permitted Uses" are the following: horse care uses, including boarding, training, showing, grooming and veterinary facilities where such uses are not ancillary to the primary use of an amusement park; administrative, executive and professional offices where such uses are not ancillary to the primary use of an amusement park; health and athletic facilities where such uses are not ancillary to the primary use of an amusement park; private lodges and clubs; 3 uses having a drive-up or drive-through window where such uses are not ancillary to the primary use of an amusement park; and day care facilities where such uses are not ancillary to the primary use of an amusement park. 2.2 The permitted use, "commercial recreation, major" includes the following accessory permitted uses and activities: 2.2.1 amusement rides and attractions; 2.2.2 food, beverage (including alcoholic beverages) and merchandise sales; 2.2.3 theme parks; 2.2.4 picnic grounds and camp grounds, including recreational vehicle parks; 2.2.5 employee housing and dormitories housing not more than 1,000 employees; 2.2.6 theaters, bandshells, stages and similar facilities containing seating for not more than 10,000 patrons in a single facility; where such use is ancillary to the primary use of an amusement park. Such facility shall not have separate access to thoroughfares; 2.2.7 support buildings, including maintenance facilities and equipment; 2.2.8 fireworks displays, lightshows and similar attractions; and 2.2.9 other activities, facilities and uses as are customarily found in or appropriate to a major amusement and entertainment facility. III. Performance Standards. 3.1 Exterior Storage. Exterior storage of materials used in connection with the Project shall be a permitted accessory use provided that the stored materials are not readily visible at ground level from outside of the boundaries of the property. 4 3.2 Construction Materials. Acceptable materials include brick, stone, stucco, glass, glass urethane, wood, concrete, decorative block, painted block, cast in place or precast concrete panels, fiberglass, plastics, vinyl, -_ aluminum, steel and other metals, and any other materials which are appropriate to the particular attraction, amusement ride, theme park component or other structure at issue for (i) any area devoted to use as rides and amusement activities, and (ii) any area located not doser than 200 feet from the right of way line of State Highway 101. 3.3 Exterior Lighting. The Project shall be exempt from the requirements of City Code, Section 11.60, Subd. 10 (entitled "Exterior Lighting"), and the following provisions will apply in lieu thereof: 3.3.1 Exterior lighting shall be designed and constructed to limit direct illumination and glare upon or into any other lot or street. Reflected glare or spill light shall not exceed five-tenths footcandle as measured on the property line when abutting any residential lot and one footcandle on any property line abutting a business or industrial lot. Street and parking lights installed in public right-of-way shall be excepted from these standards. 3.3.2 Mitigative measures shall be employed to limit glare and spill light to maintain traffic safety on streets. 3.3.3 Exterior lighting existing as of the date of this Agreement will be exempt from these standards, which lighting Developer may maintain, repair and replace (to existing specifications) as necessary. All new exterior lighting (other than replacement of the present lighting to existing specifications) shall comply with the standards set out in this Section of this PUD Agreement. IV. Parking. 4.1 The provisions of the City Code, Section 11.61 (entitled "Parking") notwithstanding, Developer need only surface (with asphalt or concrete) the minimum parking area required to be maintained by Developer under applicable zoning requirements. Overflow, employee parking and other parking areas as shown on the PUD Plan (Exhibit C), need not be surfaced, but Developer shall minimize dust and erosion in such parking areas. 5 4.2 With respect to City Code, Section 11.61 (entitled 'Parking"), Table 2, Section 2.j. (minimum parking requirements for commercial recreation), the phrase "developed recreation area" means the areas identified as Existing Park, Motel, Restaurant Etc. and developed with -_ buildings, amusement rides, theme parks or other attractions, but excludes acreage devoted to camping areas, picnic areas, undeveloped areas or similar open areas, all as characterized on the PUD Plan (Exhibit C). As expansion of the amusement rides occurs, Developer _ shall provide on-site parking to accommodate the day-to-day traffic flow. V. Existing Entrance Sign. Developer's present main entrance sign shall for all purposes under the City Code and applicable land use law be deemed a conforming structure. In the event Developer wishes to replace the sign because of condemnation, casualty, design obsolescence or for any other reason, Developer may do so provided the replacement sign is no larger than the present sign. The size and dimensions of the sign are on file with the City. VI. Traffic. The Project as contemplated in the PUD Plan is more than adequately served by existing roadways and the improvements thereto presently planned or under construction. Developer shall not be required to submit traffic studies or reports as a condition of any future development in accordance with the PUD Plan, except for any future development which exceeds or does not meet the provisions contained in this PUD Agreement. VII. Wetlands. The City recognizes that Developer intends to drain and fill certain wetlands after providing replacement wetlands, and the City agrees to cooperate with the Applicant so long as such activity is done in accordance with applicable state regulations, induding, but not limited to, applicable regulations concerning replacement or substitution of wetland resources. 6 VIII. Height of Structures; Setbacks. City Code Section 11.42 Subd. 5C relating to setbacks shall not apply to any property abutting (or separated only by public property from) the Minnesota River. IX. Landscaping; Screening. Screening and landscaping may be done using natural indigenous trees and vegetation. The present landscaping and screening is approved, and the City will not require that future landscaping and screening requirements exceed the standards presently prevailing in the existing development, except that the Developer shall submit a landscaping plan in connection with any construction of a motel or restaurant fronting on State Highway 101 as shown on the PUD Plan, which landscaping shall not be more onerous to the Developer than the applicable provisions of Chapter 11 of the City Code (Zoning Ordinance). X. DNR Trail. Developer expressly reserves its rights to seek and obtain compensation and/or other benefits from the DNR or any other governmental or public bodies involved in the acquisition, leasing, use and development of the proposed hiking trail. Developer or the DNR may construct an 8 foot high fence separating the trail area from the balance of the Project Area. XI. Miscellaneous. 11.1 Successors and Assigns. The terms, covenants, conditions and agreements herein contained shall run with the Project Area and shall bind and benefit the parties hereto and their respective representatives, successors and assigns. This Agreement is made solely by the signatory parties hereto, and no other persons (except the successors and assigns of the signatory parties) shall have any right to rely on, enforce, or have the benefit of any provision of this Agreement. 11.2 Captions. The captions of this Agreement are for convenience and ease of reference only, and in no way define, limit or describe the scope or intent of this Agreement, nor in any way affect this Agreement, and shall be disregarded in the interpretation hereof. 11.3 Severable. If any provisions of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 7 11.4 Exhibits. The Exhibits attached to or referenced in this Agreement (Exhibits A through G), are hereby declared to be part of this Agreement to the same extent and in the same manner as if the provisions thereof were actually embodied in this Agreement. IN WITNESS WHEREOF, the City and Developer have executed this PUD Agreement as of the date first written above. CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk CEDAR FAIR LIMITED PARTNERSHIP By General Partner By Its 8 STATE OF MINNESOTA) ) ss. COUNTY OF ) -_ The foregoing instrument was acknowledged before me this day of , 1995 by and the Mayor, City Administrator, and City Clerk, respectively, of the CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995 by ,the of ,a ,a general partner of CEDAR FAIR LIMITED PARTNERSHIP, a Delaware limited partnership, on behalf of the limited partnership. Notary Public This Instrument Was Drafted By: Dorsey &Whitney P. L. L. P. (GLG; JRB) 220 South Sixth Street Minneapolis, MN 55402 9 EXHIBIT A Legal Description of Project Area Parcel No. I: That part of Government Lot 1, Section 33, Township 116, Range 22, Scott County, Minnesota lying east of a line drawn parallel with and distance 3,100 feet East of the West line extended of Section 4, Township 115, Range 22. Parcel II: That part of the East half of Section 4, Township 115, Range 22, lying Northerly of the centerline of Minnesota Trunk Highway No. 101, EXCEPTING THEREFROM that part of said East half lying Northerly of the Northeasterly boundary of Trunk Highway 101 and Westerly of a line drawn parallel with and 3,100 feet East of the West line extended of said Section 4, Scott County, Minnesota. Parcel III: That part of Government Lot 2, Section 3, Township 115 North, Range 22 West, Scott County, Minnesota, lying Northerly of the centerline of State Trunk Highway No. 101. Parcel IV: Lot 3, Section 3, Township 115 North, Range 22 West, Scott County, Minnesota. 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'i. il�� i ■■■■■�■■ ■1 - • , 1 i K Ikcr I1■■■U■■ISI- . li . - 11� "/rav/N1 11■■■■■■ ■■ + -, �- 'N"I &i1jmIHIHH s1. I�■■■■ ■_.ini 1 I BEIMNINII MIL•�: __ ___- �. t„I■ ,�■■1111■■■ Q ...ff ,� ■■■ . .. Nw _.., , a ,!.��;,, „■■■■■■■■■ ■ , E. 10/aC■■C■=:1 ...... w a :_ f ___ _.,_ 4 II VA :,iii ice■■■■■■■■ ■ ,-,' r_ * , _ , .. , •■ I �A1 .0■■■■■■ !NI x _ _ F , , ,.. , .._ , , , I it. ti ■� i, .. _ �T MOW .1 : , , L. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: January 5, 1995 Re: Planned Unit Development: Valleyfair Amusement Park Site Information: Applicant: Cedar Fair Limited Partnership (Valleyfair) Location: One Valleyfair Drive Current Zoning: Heavy Industrial/Floodplain District (See Exhibit A) Adjacent Zoning: North: Ag City of Chanhassen South: I-2 Heavy Industrial East: B-1 Highway Business West: I-2 Heavy Industrial Comp. Plan: 1980: Commercial Draft 1990: Commercial and Open Space Area: Approximately 240 acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: The applicant is requesting the approval of a Planned Unit Development for the Valleyfair Amusement Park. The subject site is located north of TH 101, and is zoned Heavy Industrial (I-2) at this time. However, with the adoption of the revised Zoning Ordinance, the site will be zoned as Major Recreation (MR) in the near future. Section 11.99, Subd. 6, regarding the effective date of the revised Zoning Ordinance, states that, "in no event shall the effective date of the property described in Exhibit A (Valleyfair Amusement Park) be earlier than June 7, 1995". The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. Zoning district standards may be negotiated and variances from district requirements granted by the City as part of the PUD process. The applicant has requested two (2) variances with this proposed PUD. The Planning Commission should provide a recommendation to the City Council on each variance request as a part of their overall recommendation on the PUD. The approval of the Development Plan will provide the applicant a conceptual or general layout approval of streets and open space areas. This approval will also permit the specific variances from the Zoning Ordinance and Subdivision Regulations so that the applicant can apply for subdivision plat approvals, building permits, and other required City approvals. Background: The applicant recently received approval to amend the Official Zoning Map to exclude certain areas of Valleyfair from the Floodplain District due to diking that had been constructed. The approval of this request by the City takes effect upon the approval of the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR). Although the approval of the DNR has been received, the approval of FEMA has not yet been obtained. Once this request is approved, the City of Shakopee will be required to reflect this change on the Official Zoning Map. The applicant submitted this rezoning request prior to the determination by FEMA and the DNR due to time constraints, and the need to begin the Planned Unit Development (PUD) process. Valleyfair wanted to have this portion of the process completed prior to the review of their PUD. Considerations: 1. The developer operates an amusement park on their site which covers approximately 240 acres. With this PUD, they are proposing a conceptual site plan which is intended to serve as a guide for the future expansions of the amusement park. Please refer to the attached plans for the proposed uses on the site. A strip of land for the future DNR Trail along the Minnesota River, as well as a private picnic and park area have also been shown on the plans. Valleyfair has added numerous buildings and structures to their site over the past twenty years. However, the zoning regulations technically only allow one principal structure per parcel. In the Zoning Ordinance update process, several discussions between the City Council and Valleyfair took place regarding alternative methods for bringing the amusement park into compliance with the zoning regulations. The PUD process was agreed as being the appropriate method for providing the applicants with the necessary flexibility to continue operating and expanding their amusement park, while providing the City the necessary 2 control for guiding the development of the site. The site was also intended to be rezoned to the Major Recreation (MR) Zone after the PUD process was completed, or one year after the new Zoning Ordinance was approved. Attached is a copy of the MR Zone regulations. 2. The draft 1990 Comprehensive Plan has designated this area for Open Space, as well as Commercial development. The Open Space land use category covers the major wetlands and floodplains protected by the Minnesota Department of Natural Resources and/or the U.S. Army Corps of Engineers. Some public recreational activities may be planned for these lands, such as a regional trail along the Minnesota River, but for the most part the Open Space areas are not set aside for the purpose of active public recreation. Certain park lands may also include protected wetlands. The Commercial land use category allows retail and service businesses which sell primarily to individual customers, not to other businesses (wholesale trade). It does not include manufacturing warehousing trucking, or businesses which utilize extensive outdoor storage of goods or materials. 3. Based upon the information submitted, the applicant will need to receive approval of the following variances from the Zoning Ordinance: A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". B. Section 4.30, Subd. 4.D, regarding Signage Allowed within the Heavy Industrial (I-2)Zone. A variance to this portion of the Sign Ordinance to allow compliance with the existing multiple signs within the interior of the site, as well as the existing pylon sign located at the entrance of the site. 4. In reviewing the PUD and the proposed open space the Planning Commission should consider the amenities being created and whether they are beneficial to the public or not. The protecting of natural features, preserving open spaces and providing a quality environment are the means to be used by a developer to negotiate with for the PUD approval. 5. In recent discussions with representatives from Valleyfair, the residential dormitory for summer employees was proposed to be relocated north of the existing amusement park from the southwestern corner of the site, as shown on the PUD site plans. Staff suggested that the plans for the PUD be revised and resubmitted to reflect this change. However, revised plans have not been submitted. Valleyfair representatives indicated that they had met with staff from the Lower Minnesota 3 River Watershed District (LMRWD) regarding floodplain issues. It is staff's understanding that the LMRWD finds the new dormitory to be acceptable. To date, staff has not received a confirmation from the LMRWD. Valleyfair representatives have stated that they need to have the dormitory ready for use by June of this year. Resolution of the issues in the PUD process and the submittal of site information as noted above, will help expedite the Building Permit approval process for this project. 6. A phasing plan is required in the PUD review process. The applicants have submitted a plan for the future development of the site. However, Valleyfair representatives have stated that specific amusement rides, buildings, structures, etc. are impossible to determine at this time. • The site plans attached illustrate the existing amusement park. Labels such as "Motel, Dormitory, Restaurant, Etc"; "Support Services"; "Park Expansion", etc. have been placed on the plans. No buildings or building sites have been identified. Staff recognizes the difficulty in defining a specific footprint for each future structure. Most of the Building Permit requests over the past several years have involved expansions to the amusement rides which are well within the interior of the park. Other than the multiple structure issue (which would be readily resolved with the approval of the PUD), the park expansion projects can be accommodated in the Building Permit process. The expansion of the more major buildings, such as the motel, dormitory, or restaurant, would require further review in the PUD process. Staff would suggest that if these buildings are proposed, that an amendment to the PUD be pursued. The dormitory currently being proposed could easily be incorporated into this PUD submittal by showing it on the site plan, and providing architectural drawings to the City. 7. Northern States Power Co. (NSP) has an existing distribution line easement near the Railroad tracks in the proposed "motel and dormitory" area. This easement is shown on the "Boundary and Easement Map" provided in your agenda packets. NSP is proposing to retain this easement through the PUD approval process. 8. At the present time, Trunk Highway 101 is under the jurisdiction of the Minnesota Department of Transportation (MN DOT). Upon completion of the southerly bypass, TH 101 is proposed to be turned back to Scott County. Additional access to the site after this time will require the approval of an Access Permit from the Scott County Highway Department. 9. The approval of a PUD requires that a Development Agreement which states the conditions of the approval of the PUD must be filed with the Scott County Recorder. The Planning Commission, Planning Department staff, and the City Attorney have reviewed 4 • the proposed Development Agreement that was submitted by the applicant. There are a number of comments and concerns regarding this proposal. The applicant should consult with Planning Department staff and the City Attorney regarding these concerns prior to the approval of the PUD by the City Council. 10. The developer has submitted a Wetlands Delineation Plan, which is currently being reviewed by City staff. The proposed excavation of wetlands for settling basins and wetland mitigation is subject to the requirements of the Wetlands Conservation Act of 1991. A condition has been recommended making the approval of the PUD contingent upon the applicant meeting the requirements of the Wetlands Conservation Act of 1991. 11. Jurisdiction over the proposed "relocated creek" (See Site Plan #4.) is in question. The applicant will be required to receive approval from the appropriate governmental authority for the relocation of this existing creek (Department of Natural Resources or the Army Corps of Engineers). 12. There are no special assessments against this property. Alternatives: 1. Recommend to the City Council the approval of the Development Plans for the proposed Valleyfair Planned Unit Development, subject to conditions. 2. Modify the recommended conditions, and then recommend approval of the Development Plans to the City Council. 3. Recommend denial of the request for approval of the Development Plans to the City Council. 4. Continue the public hearing and request additional information from the applicant and/or staff. Staff Recommendation: Staff recommends approval of the Development Plans for the Valleyfair Planned Unit Development, subject to the following conditions: 1. The following variances are approved: A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". No further PUD approvals will be required for buildings or structures for the amusement park expansion if they 5 comply with the MR regulations and all other City Codes. B. Section 4.30, Subd. 4.D, regarding Signage Allowed within the Heavy Industrial (I-2)Zone. A variance to this portion of the Sign Ordinance to allow compliance with the existing multiple signs within the interior of the site, as well as the existing pylon sign located at the entrance of the site. 2. The following design changes will be required prior to the approval of the PUD by the City Council: A. If the applicant is proposing to locate the residential dormitory for the summer employees farther to the northeast than the location shown on the site plan, a revised Development Plan shall be submitted by the applicant which provides the proposed correct location, and a set of the architectural plans showing the proposed design of the structures must also be provided. 3. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The proposed relocation of the existing creek requires the approval of a Permit to Work in Protected Waters or Wetlands by the Minnesota Department of Natural Resources and/or approval by the Army Corps of Engineers. C. Approval of the Development Plan for the PUD is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. Action Requested: Offer a motion to recommend to the City Council the approval of the Development Plan for the Planned Unit Development, and move its approval. {PLANCOMM\PUDVALLE.JAN} 6 EXHIBIT A . , . ., . . .. • . . . .. . _....._\ . • •• BLUE' R 0....° •• : • SUBJECT SITE >F , w •jii � , Y. •' • • Y R ' .'•''14-'44 1 2 t 4 9" i . 7 B1:• AG 1 . • . _ AVC vk voa. ' • • ' At ovA t lea ` \ _ l _ z — 1 1 �� �A — t f • I 6!i 4---------_ __,:i ' 12 DUI _ 4 Pil St= k• °£fet, kV , ,.%ip 1 40. 1/2464:4,,e 4 - .it.: 0- _ 7111IIMININ a ft D► • 11 I , im, tt 11 4- 1 ,i, MIR R1 g % DEFS1 OiOr iiiitiv... . LAKE Ab :--- ' SUR 16 „---, 6I! csw AG ;jfl_ ,. - 1i - AG _-. .-..._. VXV 110•• .. y �. I - - - - - • EXHIBIT B - D OR S E Y & WHITNEY A Paz.r..er.e.nzr Pl..urE. wuwc Cu Hruk..rwub NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN WASHINGTON, D. C. 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 BILLINGS DENVER (612) 340-2600 GREAT FALLS ORANGE COUNT]", CA FAX(612)340-2868 3.IISSOULA LONDON G.LARRY GRIFFITH (612)340.2747 DES MOINES BRUSSELS FARGO October 6, 1994 Mr. Lindberg Ekola City Planner City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 RE: Valleyfair PUD Dear Lindberg: Enclosed is Valleyfair's application for preliminary approval of the Planned Unit Development. The details of the PUD plan and the relevant site plans are contained in the PUD Agreement attached to the application. Please contact me if you have any questions regarding the enclosed or need anything further. Very trul{-yours, i G. f.arry Griffith / ; cc: Walter R. W:ttmer John Dickson //cz_ CONSENT Memo To: Dennis R. Kraft, City Administrator From: Lindberg S. Ekola, Planning Director RE: Planning Commissioner Pay Date: February 15, 1995 INTRODUCTION: The 1995 Budget includes $8,400 for Planning Commission salaries. City Council approval of a resolution establishing the terms for compensation and an amendment to the ordinance in needed. DISCUSSION: There are seven members on the Planning Commission. Typically the Commission meets at twelve regular monthly meetings and between 6 to 12 special sessions in a year. Staff is recommending the terms of compensation for Planning Commission pay be as follows: $50 per meeting at an amount not to exceed $100 per month. The above compensation terms with 100 percent attendance by the Planning Commission at all meetings would not result in an expenditure in excess of the budgeted $8,400. The City Code needs to be amended in order to provide the Planning Commission with compensation. Sections 2.50 and 2.52 are the specific provisions which would need to be amended. Legal staff has prepared the proposed ordinance amendments. ALTERNATIVES: 1. Approve the compensation terms as addressed in the attached resolution and approve the ordinance. 2. Revise the compensation terms and approve the appropriate resolution and ordinances. 3. Do not pay the Planning Commission in 1995. RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED; 1. Offer Ordinance No. 406, and move its adoption. 2. Offer Resolution No. 4182, and move its adoption. (pcpay.cc) A !/cz_ CONSENT Memo To: Dennis R. Kraft, City Administrator From: Lindberg S. Ekola, Planning Director RE: Planning Commissioner Pay Date: February 15, 1995 INTRODUCTION: The 1995 Budget includes $8,400 for Planning Commission salaries. City Council approval of a resolution establishing the terms for compensation and an amendment to the ordinance in needed. DISCUSSION: There are seven members on the Planning Commission. Typically the Commission meets at twelve regular monthly meetings and between 6 to 12 special sessions in a year. Staff is recommending the terms of compensation for Planning Commission pay be as follows: $50 per meeting at an amount not to exceed $100 per month. The above compensation terms with 100 percent attendance by the Planning Commission at all meetings would not result in an expenditure in excess of the budgeted $8,400. The City Code needs to be amended in order to provide the Planning Commission with compensation. Sections 2.50 and 2.52 are the specific provisions which would need to be amended. Legal staff has prepared the proposed ordinance amendments. ALTERNATIVES: 1. Approve the compensation terms as addressed in the attached resolution and approve the ordinance. 2. Revise the compensation terms and approve the appropriate resolution and ordinances. 3. Do not pay the Planning Commission in 1995. RECOMMENDATION: Staff recommends alternative 1. - ACTION REQUESTED: 1. Offer Ordinance No. 406, and move its adoption. 2. Offer Resolution No. 4182, and move its adoption. (pcpay.cc) ORDINANCE NO. 406 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, BY REPEALING SEC. 2 . 50, BOARDS AND COMMISSIONS GENERALLY EXCEPT THE SHAKOPEE PUBLIC UTILITIES COMMISSION, AND SEC. 2 . 52, PLANNING COMMISSION, AND ADOPTING TWO NEW SECTIONS 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, is hereby amended by repealing Sec. 2 . 50, Boards and Commissions Generally Except the Shakopee Public Utilities Commission, and adopting one new section in lieu thereof, which shall read as follows : "SEC. 2 .50. BOARDS AND COMMISSIONS GENERALLY EXCEPT THE SHAKOPEE PUBLIC UTILITIES COMMISSION. Subd. 1. Appointments. All Board and Commission appointments authorized by the City Code or resolution shall be filled by appointment by the Council at the first regular meeting in February of each year. The term of each appointee shall be established and stated at the time of appointment, and terms of present Board and Commission members may be re-established and changed so as to give effect to this Section. New appointees shall assume office on March 1, the last day in February being the date of expiration of terms. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. Subd. 2 . Qualifications. All members shall be residents of the City, except such as the Council deems more representative. No appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so employed. The City Administrator shall be an ex officio member of all Boards and Commissions; provided, that if the City Administrator is unable to attend a meeting or act in the capacity of such membership, the City Administrator may be represented by the City Administrator' s Assistant or some person duly authorized by the City Administrator. Council members may be members of a Board or Commission, appointed for a term established by the Council at the time of the appointment, but not to extend beyond the end of the then current term being served by such member of the Council . Any Board or Commission member may be removed by the Council for misfeasance, malfeasance or non-feasance in office and the position filled as any other vacancy. Subd. 3 . Compensation. All appointed Board and Commission members, with the exception of Planning Commission members, shall serve without remuneration, but may be reimbursed for out-of- pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. Subd. 4. Procedures. The Chair and Secretary shall be chosen from and by the Board or Commission membership annually to serve for one (1) year, provided that no Chair shall be elected who has not completed at least one year as a member of the Board or Commission. Any Board or Commiooion member may be removed by thc Council for miofeaeaRec, malfcaaancc or non fcaoancc in office and thc pooition filled ao any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council . • - - - - - _ The City Adminiotrator ahall be an cx offieie member of all Board3 and Commiooiono; provided, that if the City Adminiotrator io unable to attend a meeting or act in the capacity of ouch Commio3ion, appointed for a term cotabliohed by the Council at the time of the appointment, but not to cxtcxd beyond the end of Subd. 5. Application. Except as otherwise provided in this Chapter, this Section shall apply to all Boards and Commissions, except the Shakopee Public Utilities Commission. Subd. 6 . Robert's Rules of Order. All Boards and Commissions, except the Shakopee Public Utilities Commission, shall adopt Robert' s Rules of Order, as revised, and shall adopt such other and further rules for their own proceedings as they shall, -from time to time, deem expedient . " Section 2 - That City Code Chapter 2, Administration and General Government, is hereby amended by repealing Section 2 . 52, Planning Commission, and adopting one new section in lieu thereof, which shall read as follows : "SEC. 2 .52 . PLANNING COMMISSION. A Planning Commission composed of seven members is hereby established. The Planning Commission members shall serve staggered four-year terms. The Planning Commission shall have such authority and perform such duties as prescribed by Minnesota Statutes and the City Code. Each member of the Planning Commission shall receive such compensation per Planning Commission meeting or hearing, as shall be fixed by the Council . " Note: The otrickcn language is deleted; the underlined language is inserted. Section 3 - 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 4 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. % RESOLUTION NO. 4182 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING COMPENSATION RATE FOR PLANNING COMMISSION MEMBERS. WHEREAS, the City Council believes that Planning Commission members should be compensated for their attendance at Planning Commission hearings and meetings; and WHEREAS, the City Council has amended the Shakopee City Code Section 2 .50 and 2 .52 authorizing the compensation of Planning Commission members; and WHEREAS, the City Council desires to set the compensation rate for 1995 . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Planning Commission members shall be compensated at the rate of $50 . 00 per meeting or hearing, but said compensation shall not exceed $100 . 00 per month for any one member of the Commission. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [PC.RES] JD CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fuel Leak Follow Up DATE: February 15, 1995 Introduction During the fuel tank replacement project last summer, it was discovered that there was contaminated soil at the tank sites. An investigation to determine the extent of the problem was commenced. Background During the fuel tank replacement project last summer, it was discovered that there had been a leak or spill at the tank sites at some time in the past. Contaminated soil was removed and disposed of at a disposal facility. MPCA wanted remedial investigation to determine the extent of the problem. The City installed a monitoring well at each tank site to sample for ground water contamination. One site shows no contamination but the other site does and currently has 3 to 6 inches of gasoline in the well. Due to particularities of the site, it is difficult to determine movement of the gasoline in the ground water. Council action in October 1994 authorized remedial action up to $20,000. The City has incurred about $9,000 in costs to date. The next phase of action the environmental engineer is recommending that two more monitoring wells be installed. One would be 50 feet north and the other 50 feet east of the contaminated site. The best case scenario is that the new wells would be clean, the contaminated well cleaned up quickly and the site be approved and closed for an estimated cost of about $16,200. The likely hood of the best case scenario occurring is estimated to be about 10 to 20%. There is the possibility that the city will be collecting gasoline/contaminates slowly out of the ground water for several years. Costs in 1995 would be charged to the contingency appropriation. Work done in 1994 was charged to the 1994 budget. The MPCA has been notified of the proposed work plan. Action Requested Move to authorize staff to continue with remedial investigation work on the petroleum leak up to a total cost of $30,000. , 1c. CONSENT Attached is a print out showing the division budget status for 1994 and 1995 based on data entered as of 2/14/95. Included in the bill list is payment to Barbarossa for sewer and water line work in the amount of $1, 420.80 Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee(s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Eileen Klimek $8.50 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED = 11 MAYOR & COUNCIL 67,420 8,017 51,895 77 12 CITY ADMINISTRATOR 194,060 30,348 197,088 102 13 CITY CLERK 116,690 11,217 111,822 96 15 FINANCE 278,660 20,846 262,847 94 16 LEGAL COUNSEL 185,970 18,918 158,407 85 17 PLANNING 408,130 39,599 375,160 92 18 GENERAL GOVERNMENT BUILDINGS 115,790 16,438 119,854 104 31 POLICE 1,389,520 161,862 1,353,574 97 32 FIRE 865,310 38,877 847,335 98 33 INSPECTION-BLDG-PLMBG-HTG 187,120 20,121 173,204 93 41 ENGINEERING 355,480 33,441 294,527 83 42 STREET MAINTENANCE 586,820 59,862 478,780 82 44 SHOP 185,050 18,966 188,958 102 46 PARK MAINTENANCE 307,270 26,323 299,740 98 61 POOL 150,300 4,487 147,697 98 64 RECREATION 209,380 17,908 192,372 92 91 UNALLOCATED 316,264 248,085 271,804 86 TOTAL GENERAL FUND 5,919,234 775,315 5,525,064 93 ___ 00 N/A 0 137 137 0 TOTAL FORFEITURE FD 0 137 137 0 17 PLANNING 360,860 55,461 347,306 96 TOTAL TRANSIT 360,860 55,461 347,306 96 12 CITY ADMINISTRATOR 165,693 14,015 - 150,102 91 TOTAL HRA 165,693 14,015 150,102 91 00 N/A 2,135,700 0 - 747,302 35 TOTAL CAPITAL EQUIP REVOLVING FUND 2,135,700 0 747,302 35 r CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 02/15/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 3,229 5,882 8 12 CITY ADMINISTRATOR 219,200 4,530 15,030 7 13 CITY CLERK 121,170 4,405 11,208 9 15 FINANCE 302,310 13,289 24,778 8 16 LEGAL COUNSEL 212,090 6,640 18,413 9 17 PLANNING 464,430 9,747 26,254 6 18 GENERAL GOVERNMENT BUILDINGS 148,120 2,348 9,791 7 31 POLICE 1,490,650 41,392 153,649 10 32 FIRE 410,240 2,323 13,029 3 33 INSPECTION-BLDG-PLMBG-HTG 197,780 6,422 16,810 8 41 ENGINEERING 357,100 6,339 20,405 6 42 STREET MAINTENANCE 759,180 13,745 44,955 6 44 SHOP 112,120 4,091 10,405 9 46 PARK MAINTENANCE 292,420 6,515 21,292 7 61 POOL 136,580 0 2,972 2 64 RECREATION 239,580 7,807 21,520 9 91 UNALLOCATED 136,000 1,942 1,515 1 TOTAL GENERAL FUND 5,668,420 134,764 417,908 7 17 PLANNING 467,160 215 12,846 3 TOTAL TRANSIT 467,160 215 12,846 3 12 CITY ADMINISTRATOR 119,080 2,137 4,121 3 TOTAL HRA 119,080 2,137 4,121 3 a a a a s a a s a ar a a a a a * d H H H H H H H H H H H H H H C) CO 0 a •i 0 a W in in o 0% o% H M N N CO O 0 0 0 in %0 H ift 0% N N in a% 40 c0 N n in 0% .-4 N N N N N to H 0% N M M N r--1 r 1 N 0 M M M M to 0 0 N N 0 to to 0 0 N N N N .--1 # n %O r-1 M n In 0 '0 0 M .-I CO CO 0 n n n n n c0 M n M co c0 n n r-1 E.4 r-1 .-1 r-1 .-1 .-I M n H M .-1 .-1 .-I 0.-1 M PrZ+ N N N N .0 M NI .7I NI NI N NI .7 I 0 N N N N N r- 0 N 4--1 N N N N .-1 O 4-4 0--1 r4 r4 r♦ r-1 .4 .-1 in .-I -I .-a r-1 r-I O a% 0% a% 0% Cr N N 0% .-1 C% a% a% a% M d O O O O O O a% O O O co O O O N CC o0 W co CA 0 to >4 >4 co 0 P4 0H 0 >4 04 a Q g a H al co H a W a co W Co a 4444 H 4-3 H • HO Z r] CQ PCH CO CO CA Z 0 0 a 0 0 Cl) H sa d A H ta V] H ' a0CCl)Px da z x Cr/ CO Cl)i W H a W W U E4 W I 0% a% W U a d 0 ��7ji 0 › co N o - a 43 N 0 .'19 44 44 U C, 03 x � N 0 N N a W W 0 0 a s U U W E4 H y Fr4 CO 0 i 0 0 as a H 0 0 H cn �"� Z Z e 0 4 c 0 0% H >4 ad 0 0 ) co H 0 H U U H -I 0 0 H H Z°O H H 04-1 0 Z Z W W W tion d w 0 33 Wo W dd 0 W 0 03 03 0 0 H 0 0 0 0 CO a C><. 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U r i r-1 r-1 r1 H .--1 .-1 rl r-1 r♦ r1 r♦ ra r-1 9-1 r1 .--I r1 r•I .-1 r1 .--1 .--1 .-4 rl ri .-4 r1 U O I-3 Z N el .Y in .O H - en en to en c'1 U 'a4 - O 0 0 0 0 0 0 C=1 co x - 0 0 0 0 - 0 0 U O a a s a a a a a a a a 4--1 Q,' H H H H H H H H H H H 4-1 0 a� 00 0 A( i 0 MI w U H M .7 .t In to to to .o to to 0 Cr) er1 en en a% en en en en en en > N N C4 N cn N N N N N N Z N NN N r-1 NNNNNN H 0 00 0 .-1 000000 O O O O N 0 0 0 0 0 0 # 0 0 0 i1 0 0 0 0 0 0 0 0% 00 CO eh cn r♦ r-1 .-I .-1 .--i 4-1 H01 Col el N N N N N N N I 1 I I 1 IIIIII 0 r4 .-4 r-I 4-1 .t 4-4 4-4 .-I r♦ .-.I 4-4 U N ...1' 0' .0 00 .t N .-'1 N C4 0' U .t N N 4-1 r-1 .t Ca en .t .0 %0 d 0 00 0 0 000000 04 U H H I-7 V) V) ti V) V) Ch a as W W W W W W Z 0 WW a aaaaaa H OC 0 0 H a a a a a a H 0 H H U) Z a a a a a a a Co > Z H 0 0 0 0 0 0 04 W W 04 W H 0 ti <oCOV] c0v) 0 0 CO VJ H 000000 W 00�,c� ,9+ '�-1 H '�, HHHHHH A 04 HH 04 qHq HHHHHH z I--1 I- 00U) H 0000000000 0 H H 0 0 a a a a a a 0 00 CO 00 000000 U 0 a zz a H H 0 'zeaH EA 0 0% 00 00 Z 0 0 0 0 0 0 0 • 04 o WW x MMMMMM I-I A >4 QC H = = = = = = • Z H z z I-a 00W H 0a U V) CO CO CO Cl) V) 0 a a H (0 (0 (0 (0 (0 (0 HH H W 0 "O.�- '.O' 0 0 r.CO co 07 4cri-40 M M 3 >4 >4 >4>4 HH in to 00 N') In 00 rlr4 00 c0 In 1s. 000 .tN N N 00 NI, .t In In .t -t r-1 eh 00No% Ncn 00 0 0 00 0 0 r-1 cn In en eh at 0% en .7 In N H In en H 44 1 r-1 In In In O In .t .7 In In co.0% cn In M V}N r-I N 4-4 .-1 0% 0% CO to d} e?40} r-1 e/}V}e/} M 0% .0 t/} V}CO. ..t/} - V} V} • '.3 0 .t .t N W 03 N N 04 0 N W H Cl) W .t .t .t .t .t - .t .t .t .t .t H H r-1 -1 r-I r-1 .-1 .-a .--1 r-1 .-1 ,-4 .-1 0 4 \ �\ \ \\�`,..\\ 00 A N N N N N N N N N N N 0 O O 0 0 0 0 0 0 0 0 W \ \\ -S \\\\...,� .1.4 0 In In In In In In In In In In In 0 W 0% 0% ON 0% 0% 0% 0% 0% 0% 0% a% W x a% 0% 0% a% o% 0% oh a% a% a% a% X 0 4-4 4-4 r-1 r-1 H 4-1 r .-d .--1 .-1 r-1 r -1 0 .- Z N 00 04 0 4-1 N H 0 co 03 03 CO 00 00 W 0 0 0 0 0 0 0 x 0 0 0 0 0 0 0 0 1 d 00 A. t7 N •• CO .7 0 t� u1 u1 IA CO 0 N r` CO ch CO N 0% 0 %O in CO CD •• .O u1 V> .O CO Ce) .O C% C.1 .-1 CO 47 0% .-I N -7 n 0% 0 ..-1 O .O u1 .O N .-1 -7 CO M CI% V> O. 04 0 .7 0% N �7 C•1 O V> .-I .-I CO ..7 V> n u1 .--1 V> V> V> V> N 0% V> V> O. N .-1 Cl.13 W W W c 3 0> 1: 4 CO Iz-I Z >, . H tzi CD 04 0 04 H 74 0 w 3 ril W Z H in O. H CG tzl 3 W 44 0 . -4' Z 0 rx3 CO CO 0 EA U O. N CO PG W O .-I ,7 u1 .-1 r 0 0 0 0 W 0 .--1 .-I N t+1 .-1 CI 47 s7 = 0 .--1 4-1 .7 - 1's r` N CO 0 H t # # * * It 1$ 1 # ,000000 _, RRR RR 7 aER 0 W W W W W W W W 1\ MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Appointments to Boards and Commissions DATE: February 16, 1995 INTRODUCTION: The attached resolution has been prepared for City Council consideration for making appointments to expiring terms on city boards and commissions. The resolution already contains the names of applicants where there is no contest . BACKGROUND: At the February 7th City Council meeting nominations were made to boards and commissions to fill terms that are expiring the end of February. As has been past practice, all applicants were nominated to the boards/commissions for which they applied. The Planning Commission, Shakopee Public Utilities Commission, Park and Recreation Advisory Board, and Police Civil Service Commission are the only commissions having more applicants than there are openings . Of the three applicants for Planning Commission (James Link, Dale Livingston, and William Mars) , the interview committee is recommending the appointment of James Link and William Mars. The interview committee also recommends the appointment of Andrew Unseth to the SPUC, of Steve Johnson and Judy Salchow to the Park and Recreation Advisory Board, and of Marcia Spagnolo to the Police Civil Service Commission. According to Res. No. 2206, if there is more than one person nominated for an opening, Councilmembers shall write their preference on paper and sign their name. Attached is a ballot for Councilmembers to vote for applicants to fill the openings for the Planning Commission, SPUC, Park and Recreation Advisory Board, and Police Civil Service Commission. (If the person receiving the most votes for a position does not have a majority vote of the Councilmembers present, there shall be a second vote between the top two candidates. ) The process for recruiting applicants to fill expiring terms on boards and commissions went smoothly this year. I believe that this is because the terms were changed last year to expire the end of February rather than the end of January. This allowed for advertising and recruiting after the holidays . RECOMMENDATION: Conduct balloting to fill expiring terms on the Planning Commission, SPUC, Park and Recreation Advisory Board, and Police Civil Service Commission. When it is clear which candidates have a majority of the votes for the openings, the attached resolution should be adopted inserting the appropriate names . The resolution already contains the names of applicants where there is no contest . (Mr. Reinke, Mr. Morke and Mr. Clay were appointed to serve on the Board of Review last year for both 1994 and 1995 . ) RECOMMENDED ACTION: 1 . Conduct balloting 2 . Offer Resolution No. 4178, A Resolution Appointing Individuals to Various Boards and Commissions, and move its adoption. RESOLUTION NO. 4178 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: Vf';`) 1. and }1., - are appointed to the Planning fi' "� -. (pmmission and Board of Adjustments and Appeals for four year terms expiring February , 1999. 2. James Link and Randy Laurent are appointed to the Housing Advisory& Appeals Board and the Building Code Board of Adjustments and Appeals for a three year term expiring February , 1998. 3. Bill Anderson and Kenneth Scannell are appointed to the Community Access Corporation Board of Directors and the Cable Communications Advisory Commission for a three year term expiring February , 1998. 4. Deb Amundson and Cole Van Horn are appointed to the Community Development Commission for three year term expiring February , 1998. 5. Robert Zeigler is appointed to the Community Access Corporation Board of Directors for the unexpired term ending February 28, 1997. 6. , is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 1998. 7. Y' . /' is appointed to the Police Civil Service Commission for a three • year term expiring February_, 1998. S8. f�� f 3:( �- an "�--; „1\41,k4),) are appointed to the Park& Recreation Advisory Board for a thre yeaierm expiring February , 1998. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota held this 21st day of February, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form ,City Attorney 1ST BALLOT FOR- APPOINTMENTS TO BOARDS AND COMMISSIONS- _ -- FEBRUARY 21, 1995 - - - BEARD BREKKE LAURENT LYNCH - SWEENEY PLANNING COMMISSION - JAMES LINK V ✓ ✓ V DALE LIVINGSTON • WILLIAM MARS 1✓ ✓ .1✓ ✓ PARK & REC ADVISORY BD STEVE JOHNSON V/ ✓ v STEVEN MORTLAND JUDY SALCHOW . ✓ ✓ ROBERT TOMCZIK- v SHAKOPEE PUBLIC UTILITY COMMISSION JAMES BASTYR ELDON REINKE ✓ ANDREW UNSETH V ✓ ✓ POLICE CIVIL - SERVICE COMMISSION STEVE JOHNSON MARCIA SPAGNOLO ✓ ✓ f CLIFFORD STAFFORD CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer PAN-) SUBJECT: Wetlands Authorization DATE: February 15, 1995 INTRODUCTION: Staff is requesting that the City Council designate an "Authorized LGU Official". BACKGROUND: The rules governing the Wetlands Conservation Act of 1991 often require the signature of an "Authorized LGU Official" when submitting documents to the EQB Monitor for publishing or for issuing Certificates of Exemption. Staff is requesting that the City Council designate an "Authorized" City representative. The authority of the person designated as the "Authorized LGU Official" includes completing various forms required for application for replacement plans, wetland banking, no-loss determination and other routine wetland reporting. The approval of wetland replacement plans and other similar approvals would remain with the City Council. ALTERNATIVES: 1. Designate the Public Works Director or their designee as the "Authorized LGU Official". 2. Designate another staff member. 3. Table for further information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to designate the Public Works Director or their designee as the "Authorized LGU Official" in reference to the Wetlands Conservation Act of 1991. DMN/pmp WETLANDS II "IP, MEMO TO: Dennis Kraft,City Administrator FROM: Steve Hurley,MIS Coordinator DATE: 2/17/95 SUBJECT: Windows Hardware/Software Upgrade INTRODUCTION: City Hall is seeking to purchase new PC's and components for replacing and upgrading its computer system.The upgrade will also include software. BACKGROUND: The City has money budgeted for 1995 to upgrade its computer system. The upgrade is a major change in the City's computing environment. Its purpose is to standardize as much as possible,from one PC to another by changing the operating system from DOS based to Windows based software.This upgrade involves the purchase of some new PC's and the upgrading of others with necessary components in order to have the computing power to successfully run Windows applications.By necessity this upgrade also involves the purchase of those Windows applications. Council may remember that this proposed equipment improvement was discussed during the 1995 budget preparation process. An initial City Hall Windows upgrade requirements spreadsheet has been revised to show hardware and software upgrades and new PC's with their respective costs. For the Windows upgrade total hardware cost is$21,744.11 which includes tax. A spreadsheet showing quotations from five vendors is included. (See Attachment#1).The lowest quotation is from NCT(Next Century Technologies)located in Eden Prairie.The next lowest quotation is from Mainstream Computers also from Eden Prairie. Both appear to be excellent companies however,NCT is more than$2,000 below Mainstream on six PC's to be purchased. Total software cost is$6,777.66.The lowest quotation is from Egghead Software a very reliable dealer. (See Attachment#2). The Computer Committee has reviewed the proposed purchases and is recommending Council Approval. REQUESTED ACTION#1: Move to approve Next Century Technology(NCT)of Eden Prairie as the vendor for PC hardware at a price not to exceed$21,744.11. 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' 0 ;:4#•:::w o X 0)) 001 � '� A o co K aiNNO OO -+5.. +� � 0 O `U)010 00 -+ �;� 0 OF, • i - 2Pii 1 , s m a i A lti o • 0 _ o : II * �; EA EA EA EA EA EA EA N to co N -' ANW - 4, A O G) ACOCTcoV0) h) 511 N 0• •0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 i -/ ƒ § c 7 \ § § ) 7 k s § ° , 0 § § a 0 / a) Wa i } 3 ! { F 2 | deg ; § al ƒ : - c SI a * = \ . ■ 9 NJ CD Gw — — OD g kAt At C ' k13 ` 2e4T ) k @ mI K 3 & k $ B %. ; ,A @ to to e / o -co --4 0) ) £ q W'$ q b:a - m7/ f « o w # a o a : ,wA p o@@ Jo. co } E0 0 000 0 0 \ i E » / D § ` ! 7 % B ) m m 9 # _ % B 888 # ■ 2 y 0 0rn tototo # m 0 z E c" #q 18-5283 7 q w ® � D r }��e � e o oE� � � = .', ..pap —, cD .N gw@ co ¥ E mwo 00 oao 0 o : Z 0 CO N)0 00 000 0 0 : 1 C 2 2§ § § R 0 KBS s, ka 3 Ls) ° o } A e (A(A # »<m /k to CD � k to iv CD - o : @w @@ o o CO ,CO le } -. $ 00 S $ $ G 0 CONSENT 1 2o MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk ()_. SUBJECT: Release of Easement in Hennen's 2nd Addition DATE: February 13 , 1995 INTRODUCTION: The attached resolution authorizes the execution of a quit claim deed releasing an easement over Lot 4, Block 2, Hennen's 2nd Addition. BACKGROUND: In 1933 a blanket easement was granted for constructing and maintaining an electric transmission line over a rather large tract of land. This was done because it was not know at the time where the easement was actually needed, as I understand it. This easement covers a number of lots that were subsequently platted. Over the years we have received a number of requests to release or define this easement as it relates to a particular lot. When a request is received, Shakopee Public Utilities is asked if the easement can be released or if they could describe the actual s been easement area ededare• actuallyThus ar, it locatedawith n theethat the needed easementsalleys and that they can be released. The City has received a request to release or define the easement needed for Lot 4 , Block 2 , Hennen's 2nd Addition. I have inistrative been adeasement acrossm Lot P4 C Block 2, Hennen's Assistant, blanketetA2nd Addition may be released. RECOMMENDED ACTION: Offer Resolution No. 4179 , A Resolution Authorizing Delivery of A Deed to Extinguish An Easement for Lot 4, Block 2 , Hennen's 2nd Addition, and move its adoption. JUDY\RELEASEM.ENT RESOLUTION NO. 4179 A RESOLUTION AUTHORIZING DELIVERY OF A DEED TO EXTINGUISH AN EASEMENT FOR LOT 4, BLOCK 2, HENNEN'S 2ND ADDITION WHEREAS,under date of October 11, 1933, an easement was executed by John Doyle and wife Anne Doyle running in favor of the City of Shakopee for the purpose of constructing and maintaining an electric transmission line over and across lot 4, Block 2, Hennen's 2nd Addition to Shakopee, Scott County, Minnesota, and other lands, and said easement was filed for record in the Office of the Registrar of Deeds of Scott County, Minnesota on November 3, 1933 in Book 93 of Deeds page 616; and WHEREAS, the City no longer requires the above described easement and the same serves no useful purpose and should be released and discharged of record. THEREFORE, BE IT RESOLVED, BY THE Shakopee City Council that the easement above described be and the same hereby is released and discharged. BE IT FURTHER RESOLVED, that a quit claim deed to discharge the same of record be made and signed by the proper City officials and delivered to the present owner of the above described property. Adopted in session of the Shakopee City Council this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney EXPLANATION TO ORDINANCE 403 ORIGINATING DEPARTMENT: Law Department PURPOSE: To repeal redundant provisions of the City Code. REMARKS: In reviewing the City Code, various provisions have come to my attention as being included twice. The duplicate provisions can cause confusion. Some of these provisions were revised in the new zoning ordinance, but the vaguer, older provisions were not repealed. This ordinance will clean up these matters. ACTION REQUESTED: Offer Ordinance No. 403, an ordinance amending the City Code by repealing redundant provisions, and move its adoption. Submitted by: 1,0 4,,,;4 ity Att•rney, [3ORD] JUi' ikIT 110 EXPLANATION TO ORDINANCE 403 ORIGINATING DEPARTMENT: Law Department PURPOSE: To repeal redundant provisions of the City Code . REMARKS : In reviewing the City Code, various provisions have come to my attention as being included twice. The duplicate provisions can cause confusion. Some of these provisions were revised in the new zoning ordinance, but the vaguer, older provisions were not repealed. This ordinance will clean up these matters . ACTION REQUESTED: Offer Ordinance No. 403, an ordinance amending the City Code by repealing redundant provisions, and move its adoption. Submitted by: City Att•rney' ;` [3ORD] ORDINANCE NO. 403, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE BY REPEALING REDUNDANT PROVISIONS. WHEREAS, City Code Section 10 . 80 and 10 . 81 are identical to Section 7 . 14 and 7 . 15, apparently having been accidentally codified into two chapters; and WHEREAS, the provisions in question, relating to railroads crossing streets, belong more appropriately in Chapter 7, Streets and Sidewalks Generally; and WHEREAS, City Code Sec. 4 . 03, Building Permits, Subd. 1, Fence Construction Requirements, contains two paragraphs which were incorporated into the new zoning ordinance, namely paragraph B, Junkyards and Automobile Wrecking Yards, and paragraph C, Sanitary Landfills and Waste Disposal Sites; and WHEREAS, these provisions are no longer needed in Chapter 4; and WHEREAS, City Code Sec. 4 . 03, Subd. 1 contained four provisions, three of which have been repealed and replaced, and therefore the remaining provisions should be renumbered; and WHEREAS, the new zoning ordinance also contains full provisions relating to sight triangles, rendering City Code Sec. 7. 05, Regulation of Grass, Weeds and Trees Along Streets, Subd. 3 . , Sight Triangles, unnecessary. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the City Code is hereby amended by repealing Sections 10 .80 and 10 . 81 . Section 2 - That City Code Sec. 4 . 03, Building Permits, Subd. 1, Fence Construction Requirements is amended by repealing paragraph B, Junkyards and Automobile Wrecking Yards and paragraph C, Sanitary Landfills and Waste Disposal Sites, and the codifier directed to renumber the remaining paragraph. Section 3 - That City Code Sec. 7 . 05, Regulation of Grass, Weeds and Trees Along Streets, Subd. 3, Sight Triangles, is hereby repealed. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Ammm 0 Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: 1_2___/c/-- -) (r ) City Attorney Published in the Shakopee Valley New `on the day of , 1995 . 1 i '. 1I [30RD) II I '. _ al r' ONSENT P. c_ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxiand, Finance Director RE: Ordinance No. 404, Fourth Series. DATE: February 13, 1995 Introduction Ordinance No. 404 increases the dollar amount for bid requirements for the sale of surplus property. Background Current City Code requires that surplus property with a value of $1,000 or more be sold by bid. Property with a value of less than $1,000 may be sold by the City Administrator. The dollar limit has not changed in many years and staff requests that it be raised to $5, 000 to facilitate disposal of unneeded small value items. Alternatives 1. Status Quo. 2. Pass Ordinance No. 404, Fourth Series Recommendation Alternative number 2. Action Requested Offer Ordinance No. 404, Fourth Series, An Ordinance of The City Of Shakopee, Minnesota, Amending City Code Chapter 2, Administrative And General Government, Sec. 2 .70, Disposal Of Abandoned Motor Vehicles, Unclaimed Property and Excess Property, By Repealing Subd. 3, Disposal Of Excess Property, and Adopting One New Subdivision In Lieu Thereof Relating To the Same Subject, and move its adoption. ft CocSEciT C- l � TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Ordinance No. 404, Fourth Series. DATE: February 13, 1995 Introduction Ordinance No. 404 increases the dollar amount for bid requirements for the sale of surplus property. Background Current City Code requires that surplus property with a value of $1, 000 or more be sold by bid. Property with a value of less than $1, 000 may be sold by the City Administrator. The dollar limit has not changed in many years and staff requests that it be raised to $5,000 to facilitate disposal of unneeded small value items. Alternatives 1. Status Quo. 2. Pass Ordinance No. 404, Fourth Series Recommendation Alternative number 2 . Action Requested Offer Ordinance No. 404, Fourth Series, An Ordinance of The City Of Shakopee, Minnesota, Amending City Code Chapter 2, Administrative And General Government, Sec. 2.70, Disposal Of Abandoned Motor Vehicles, Unclaimed Property and Excess Property, By Repealing Subd. 3, Disposal Of Excess Property, and Adopting One New Subdivision In Lieu Thereof Relating To the Same Subject, and move its adoption. ORDINANCE NO. 404, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, SEC. 2 . 70, DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY, BY REPEALING SUBD. 3, DISPOSAL OF EXCESS PROPERTY, AND ADOPTING ONE NEW SUBDIVISION 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 . 70, Disposal of Abandoned Motor Vehicles, Unclaimed Property and Excess Property, is hereby amended by repealing Subd. 3, Disposal of Excess Property, and adopting one new paragraph in lieu thereof, which shall read as follows: SEC. 2 .70. DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY. Subd. 3 . Disposal of Excess Property. A. Declaration of Surplus and Authorizing Sale of Property. The City Administrator may, from time to time, recommend to the Council that certain personal property (chattels) owned by the City is no longer needed for a municipal purpose and should be sold. By action of the Council, said property shall be declared surplus, the value estimated and the City Administrator authorized to dispose of said property in the manner stated herein. B. Surplus Property Worth a Total Estimated Value of Less Than magglon $1, 000.00. The City Administrator may sell surplus property of the City with a total estimated value of less than 07000V0 $1, 000 . 00 . C. Surplus. *g Property With a Total Estimated Value of tt $1,000 .00 or More. 1. The City Administrator shall offer for public sale to the highest bidder surplus property with a total estimated value of ;`,0U0 >0O $1, 000 . 00 or more. Notice of such public sale shall be given stating the time and place of sale and generally describing the property to be sold at least ten (10) days prior to the date of the sale by publication once in the official newspaper of the City. Such sale shall be to the person submitting the highest bid. 2 . Notwithstanding any of the above provisions regarding publication and bidding requirements, the City Administrator is authorized to negotiate a direct sale of surplus property with another governmental agency. D. Repealed. E. Receipts From Sales of Surplus Property. All receipts from sales of surplus property under this Section shall be placed in the appropriate fund. Note: The 3trickcn language is deleted; the a4h1i4hted 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 , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: -L9 /.. � ' City Attorney � Published in the Shakopee Valley News on the day of , 1995 . [9MEMO3] CONSENT /a ,4 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce A. Loney, Public Works Director b. SUBJECT: Vierling Drive, County Road 79 to County Road 77 DATE: February 15, 1995 INTRODUCTION: Attached is Resolution No. 4175, a resolution receiving the feasibility report and ordering a public hearing for Vierling Drive Improvement, between County Road 79 and County Road 77. BACKGROUND: On October 18, 1994, the City Council of Shakopee ordered the preparation of a feasibility report for the construction of Vierling Drive, between County Road 79 and County Road 77, by Resolution No. 4104. The construction of Vierling Drive was petitioned by Gold Nugget Development and this section of Vierling Drive was included in the 1995-2001 Capital Improvement Program (CIP) for 1995. The report is attached for review and has incorporated the City's assessment policy changes adopted on February 7, 1995 by Council. Assessment changes were in regards to the storm sewer and sidewalk improvements in which the Developer will be assessed 100% of the cost of storm sewer and sidewalk within the Developer's plat. Two property owners are being assessed and they are Meadows West Development and the School District. The City's cost will be in the oversizing of a local street to a State Aid Collector. ALTERNATIVES: 1. Adopt Resolution No. 4175. 2. Deny Resolution No. 4175. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4175. ACTION REQUESTED: Offer Resolution No. 4175, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Vierling Drive, Between County Road 79 and County Road 77, Project No. 1995-6 and move its adoption. RESOLUTION NO. 4175 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Vierling Drive, Between County Road 79 And County Road 77 Project No. 1995-6 WHEREAS, pursuant to Resolution No. 4104 of the City Council adopted October 18, 1994,a report has been prepared by the City Engineer, with reference to the improvement of Vierling Drive, between County Road 79 and County Road 77 by pavement, curb& gutter, storm sewer, watermain, sidewalk, and appurtenant work and this report was received by the Council on February 21, 1995. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, between County Road 79 and County Road 77 by pavement, curb & gutter, storm sewer, watermain, sidewalk, and appurtenant work in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$520,126.70. 2. A public hearing shall be held on such proposed improvements on the 21st day of March, 1995, at 7:30 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1995-6 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: -City Attorney 1 FEASIBILITY REPORT FOR VIERLING DRIVE FROM COUNTY ROAD 79 TO COUNTY ROAD 77 CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA I 1 1 I I I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date /77.5- Registration tration No. 17590. J Project Team Ray Ruuska John DeLacey 1 FEBRUARY 1995 1 1 1 TABLE OF CONTENTS 1 DESCRIPTION PAGE NO. Introduction 1 Scope 1 ' Background 1 - 2 ' Cost Estimate 2 Proposed Cost Sharing 2 - 3 Funding/Special Assessments 3 - 4 ' Summary and Conclusions 4 APPENDIX 1 1 1 INTRODUCTION tOn October 18, 1994 the City of Shakopee ordered the preparation of a feasibility report for the construction of Vierling Drive between County Road 79 and County Road 77, by Resolution INo. 4104. SCOPE This report is to determine the costs and feasibility of constructing this segment of Vierling Drive to State Aid Standards. Vierling Drive was established as a Municipal State Aid Highway in 1990 by Resolution No. 3206. BACKGROUND A. ZONING This segment of VierlingDrive is through the Meadows West Subdivision, and is zoned g R1B. The length of the segment is 3,150 feet. ' B. RIGHT-OF-WAY The right-of-way for this road segment would be obtained through the dedication of the right-of-way through the future Meadows West Addition because Meadows West may not be final platted in this area prior to Vierling Drive construction. Right-of-way width is 80 feet, allowing for construction to State Aid Standards. C. SANITARY SEWER AND WATER UTILITIES No utility extensions are proposed to be included in this project. Utility extensions will be made by the developer prior to roadway construction. D. STORM SEWER ' The Upper Valley Drainage Project (U.V.D.P.) serves this entire area. In order to construct Vierling Drive, one roadway crossing of the U.V.D.P. has to be made. Some ' additional storm sewers will be a part of a Vierling Drive Project to convey runoff to the U.V.D.P. 1 1 i . IE. ROADWAY GRADING I Rough grading of the roadway will be done by the developer prior to roadway construction. 1 F. ROADWAY HISTORY Vierling Drive has been constructed in four segments from County Road 16 to County I Road 77. The newest segment, built in 1994, is from County Road 15 to Presidential Lane. Ultimately, Vierling Drive will be a contiguous roadway between County Road 16 and T.H. 169. Vierling Drive is a designated Municipal State Aid Roadway and all I segments weredesigned and built to those standards. COST ESTIMATE I Construction Costs ISidewalk $ 37,884.00 Street 188,423.46 Storm Sewer 84,346.51 ' Box Culverts 67,620.00 ITOTAL $378,273.97 Plus 10% Contingency 37,827.40 I Subtotal $416,101.37 Plus 25% Engr./Admin. 104,025.34 IGRAND TOTAL $520,126.71 I PROPOSED COST SHARING ICITY COST ASSESSED COST TOTAL COST IRoadway & Sidewalk $129,325.65 $181,847.10 $311,172.75 Storm Sewer $ -0- $115,976.45 $115,976.45 Box Culvert $ -0- $ 92,977.50 $ 92,977.50 ITOTAL $129,325.65 $390,801.05 $520,126.70 I2 1 m. I Roadway assessed costs are based on the cost to construct a local 36 foot wide street. City costs I are for "oversizing" the street in width and structure to meet State Aid Standards. I According to the Special Assessment Policy, sidewalks are 100% assessed to the adjacent development. I Since the Meadows West Subdivision is the only benefitting developing area, 100% of the total storm sewer cost would be assessed to that subdivision. BOX CULVERT COST SHARE RECOMMENDATION: IThe City of Shakopee, in constructing the drainage channel, has taken the position that the cost for crossing the channel with any streets due to development would be born by the developer. I FUNDING SOURCES/SPECIAL ASSESSMENTS 1 The Municipal State Aid Account will fund 100% of the street construction City costs. In I addition,the abutting property owners will be assessed for local street costs equivalency including a portion which is owned by the City as per Section VI, Paragraph 9 of the City's Special Assessment Policy. IThe estimated assessments for each development is as follows: I Storm Box Street/Sidewalk Sewer Culvert Subdivision Footage Assessment Assessment Assessment IThe Meadows West 4465.63 $141,681.28 $115,976.45 $92,977.50 ISchool District 1265.98 $ 40,165.82 $ -0- $ -0- Property ITOTAL 5731.61 $181,847.10 $115,976.45 $92,977.50 I I I3 1 ITotal Subdivision Assessment 1 The Meadows West $350,635.23 - School District Property $ 40,165.82 TOTAL $390,801.05 SUMMARY AND CONCLUSIONS 1 This report finds that the project as proposed is feasible and should be constructed as recommended in this feasibility report. 1 1 I 1 4 1 APPENDIX 1 1 PAGE NO. Preliminary Cost Estimates 1 - 3 1 Project Location Map 4 ' Proposed Construction 5 Proposed Storm Sewer 6 1 r ISTATE AID STANDARD COST ESTIMATE I STREET CONSTRUCTION ITEM UNIT TOTAL I NO. ITEM UNIT QUANTITY COST COST 1 1 Subgrade Preparation R.S. 31.50 $100.00 $3,150.00 2 Aggregate Base, Class 5 TON 8200.00 $5.25 $43,050.00 I (100% Crushed) 8" I 3 Base Course Mixture TON 2435.00 $18.56 $45,193.60 (2 1/2") I 4 Wearing Course Mixture TON 1950.00 $21.68 $42,276.00 (2") I 5 Bit. Material for GAL. 866.00 $1.08 $935.28 Tack Coat 6 4" Concrete Walk S.F. 31570.00 $1.20 $37,884.00 7 Concrete Curb &Gutter B-618 L.F. 6350.00 $4.32 $27,432.00 1 8 Furnish &Plant 1 1/2" Trees TREE 64.00 $161.70 $10,348.80 9 Traffic Marking Paint(Yellow) GAL. 27.00 $47.61 $1,285.47 10 Traffic Marking Paint(White) GAL. 9.00 $47.61 $428.49 I11 Traffic Control Signs EA. 16.00 89.77 $1,436.32 I12 Street Sign EA. 2.00 183.75 $367.50 13 Sod (Including Black Dirt) S.Y. 6260.00 $2.00 $12,520.00 I Total Street Construction $226,307.46 I Plus 10% Contingency $22,630.74 Subtotal $248,938.20 Plus 25% Engr./Admin Fees $62,234.55 IGRAND TOTAL $311,172.75 I - 1 I IMIIMIIIIIIIIIIIIIIIW I 36'SHAKOPEE STANDARD 1 COST ESTIMATE I STREET CONSTRUCTION UNIT TOTAL ITEM UNIT QUANTITY _ COST COST INO. ITEM 1 Subgrade Preparation R.S. 31.50 $72.00 $2,268.00 2 Aggregate Base, Class 5 TON 4310.00 $5.25 $22,627.50 1 (100% Crushed) 3 Base Course Mixture TON 998.00 $18.56 $18,522.88 1 (1 1/2") 4 Wearing Course Mixture TON 998.00 $21.68 $21,636.64 I (1 1/2") 5 Bit. Material for GAL. 624.00 $1.08 $673.92 1 Tack Coat 6 Concrete Curb &Gutter B-618 L.F. 6350.00 $4.32 $27,432.00 I7 Seeding ACRE 2.00 603.75 $1,207.50 1 Total Street Construction $94,368.44 Plus 10% Contingency $9,436.84 I Subtotal $103,805.28 Plus 25% Engr./Admin Fees $25,951.32 GRAND TOTAL $129,756.60 I 1 I I I I2 1 ' STORM SEWER I UNIT TOTAL ITEM NO. ITEM UNIT QUANTITY COST COST 1 42" R.C.P. Apron w/Trash Guard EA. 1 $1,200.00 $1,200.00 2 18" R.C.P. Apron wlTrash Guard EA. 5 $900.00 $4,500.00 3 12" R.C.P. Class IV L.F. 145 $17.43 $2,527.35 1 4 18" R.C.P. Class IV L.F. 460 $19.10 $8,786.00 5 21" R.C.P. Class III L.F. 296 $21.46 $6,352.16 6 24" R.C.P. Class III L.F. 50 $22.75 $1,137.50 7 30" R.C.P. Class II L.F. 370 $28.25 $10,452.50 8 36" R.C.P. Class II L.F. 66 $33.50 $2,211.00 9 42" R.C.P. Class II L.F. 620 $49.00 $30,380.00 1 10 Construct Catch Basin EA. 6 $800.00 $4,800.00 11 Const. M.H., Design 4020E-72" EA. 3 $1,300.00 $3,900.00 12 Const. M.H., Design 4009G EA. 3 $1,000.00 $3,000.00 1 13 Const. C.B., M.H. EA. 6 $850.00 $5,100.00 Total Storm Sewer $84,346.51 ! Plus 10% Contingency $8,434.65 Subtotal $92,781.16 Plus 25% Engr./Admin Fees $23,195.29 GRAND TOTAL $115,976.45 Box Culvert Crossing L.S. $67,620.00 On Vierling Drive Plus 10% Contingency $6,762.00 ' Subtotal $74,382.00 Plus 25% Engr./Admin Fees $18,595.50 GRAND TOTAL $92,977.50 I Iie:, ,mAiiii __,21.44/1._terN i \ -. 1 ..- ` nC o im I .4%,,e1014 ,1;�1..:--, `Ii.l] v. 6.:'1 - ,...e.:2+. u4.grlei 4.,`CP1 !! FIP! !:! iltil N . � o � i,eee! !P"a Iff. 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Loney, Public Works Director SUBJECT: Sarazin and Roundhouse Streets, Project No. 1994-10 Authorization of Condemnation Proceedings DATE: February 21, 1995 INTRODUCTION: Attached is Resolution No. 4176,which authorizes condemnation proceedings to begin on Sarazin and Roundhouse Streets. BACKGROUND: On February 7, 1995, the City Council ordered an advertisement for bids for Sarazin Street and Roundhouse Street by adopting Resolution No. 4167. This project was petitioned for by the developer of Prairie Bend Subdivision and consists of storm sewers, curb & gutter and bituminous pavement on a new street alignment. Sarazin Street is a State Aid street with Roundhouse Street a local street. To construct the streets, additional right-of-way needs to be acquired. Staff has been working with the property owners representing four parcels to negotiate the acquisition. It appears that the right-of-way can be negotiated, however, staff feels the condemnation proceedings should be authorized in case the negotiations are not successful. The bid opening for this project is slated for March 3, 1995. Contract specifications will be modified to indicate those areas not obtained as yet by the City. Staff will be meeting with the property owners to obtain the right-of-way or to obtain a"right-of- entry". The City Attorney has indicated that once the condemnation petition is filed and the property owners notified in accordance with statute, the City can occupy the property within 90 days. A "Right-of Entry" agreement between the City and property owners would allow entry by the City before the 90 day period is over. ALTERNATIVES: 1. Adopt Resolution No. 4176. 2. Deny Resolution No. 4176. RECOMMENDATION: Staff recommends Alternative No. 1, as the condemnation proceedings can start and the City can obtain the right-of-entry during the construction season, if negotiations fail. ACTION REQUESTED: Offer Resolution No. 4176, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity of and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Project No. 1994-10 and move its adoption. BAL/pmp MEM4176 RESOLUTION NO. 4176 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN. WHEREAS, the City Council has determined that the City should construct and improve new north-south roads between Fourth Avenue and County Road 16, extending Sarazin Street and Roundhouse Street further north; and WHEREAS, the City has been unable to successfully negotiate the acquisitionof the necessary right-of-way. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That acquisition by the City of the property described on Exhibit A is necessary for the purpose of extending Sarazin Street and Roundhouse Street north from County Road 16 to Fourth Avenue. That the City Attorney is authorized and directed on behalf of the City to acquire the real estate described on Exhibit A by the exercise of the power of eminent domain pursuant to Minn. Stat . Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minn. Stat . Sec. 117 . 042 . The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: A( ' City Attorney C. [16CCL] EXHIBIT -A (94-14) 1--NE CORNER 5E1'4 SEC. 6.- T. - 1-15. R. 22 27-906022-2 - - - " WILLIAM & RENELDA HAUERI _ — 4TH AVENUE — r - v .t.• , • ; t- ;r. - I 40'PERM. - - _ 1 .L-' } I; • �'t 'EASEMENT --- 10'T E MP. `i` • e-I• `-^ ▪ ' cc 11' I EASEMENT ''• 9TH I �•• D , 94-1 a ▪^'ztt'`'- 27-905018-0 ��= � 1 ; _ I -./,i. 1 KNIGHTS OF COLUMaUS �\� J 1 '� a 20'TEMP.SHAKOPEE COUNC IL , .:.F.;. ..?•:‘,.,_.-z..-..; . , • I 1.1/1.4....—._ ', EASEMENT C�ltli.. t ` _lar V1--.S ;A� �f( r3\ \ } ! ` / n 1W •"y •�; ;Ire t i o. . .ir.0,- ...,;:f71.12-4liX .,._;\\____> / i HMI - Ic .IFAT?•-iii L.o1'' \ 4 ... - j/,..:::^.:,t::: ....,. ,---1 1▪ L% - / �.> l iI 27-906028-1 I I .iod.r � 73=4 \ iFr.i-, . "' , -ICHARD GRAYSON `.g ilt.__:'. o�� :> `-� . •�� e.rani1� /f \ _ i Ivo C.] \ , -;:au. --4'7_,;;.',L9 4—fr___..4 --.'''°Utir, \‘ \. 1 1 20'TEMP IV� r ( t ,,..11,I , 7 .. 27-906030-0 EASEMENT 60 PERM. _ _ _ � . ---,...„.... CARL L I NDSTRAND !` EASEMENT 1 ;r„` �),• 1,, 2D TEMP. ��rl � �:. F; 94-1> EASEMENT=tea/ ,t i '^ L' . f 1 C94-1) 1 ..-- %' i ciL 11 ".' i I 27-906029-0 :L ,,: 'A:!:r:�;,,•,` 'i I �, �; CARL L I NDSTRAND I r•'' / . / .,-ate::;•-•, } - ----.4_____4 r .r 80'PERM. �.,x�= ..r' /s._ it = gii , 1---..,„ EASEMENT t PROP:.USEI}'ISAR i I� �S. REE3 I �' 41" ,Y'. �f• ''`",•.,j t^ i ..^iC• ! NIS I -ilv '1 o�' lr \; dib 0 H 20'TEMP. Q I. EASEMENT -- EAST LINE 5E1,4 SEC. 6. T. 115. R. 22 1 • • EXHIBIT A - PAGE 1 1o. CIAISMK Orr Schelen Mayeron & Associates, Inc. i1 Engineers ■ Architects • Planners ■ Surveyors 300 Park Plate Center • 5775 Yayzata Boulevard - Minneapolis.MN 55418.1228 ■ 612.595.5775 i II i I ; } I it i it ' I i c' O ! JSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce A. Loney, Public Works Director SUBJECT: Fuller Street, Vierling Drive to 10th Avenue DATE: February 15, 1995 INTRODUCTION: Attached is Resolution No. 4177, which orders the preparation of a feasibility report for the above referenced project. BACKGROUND: On February 7, 1995, the City Council authorized appropriate City officials to enter into an agreement for construction management and design services for a recreation facility. This facility will need access from the extension of Fuller Street south of 10th Avenue to County Road 77. An alignment has been determined for this route. Staff has been working with Scott County Highway Department on the realignment of County Road 77 to Fuller Street for the past several months. A tentative plan has been agreed upon and is as follows: 1. County Road 77 will be realigned to connect with Fuller Street. 2. County Road 77 in the City limits will be a two lane facility and will become a turnback road to the City. The County plans for the reconstruction of County Road 77 is almost complete and construction is scheduled for this year. The Fuller Street extension to County Road 77 was included in the 1995 Capital Improvement Plan (CIP). The first step for this project is to authorize the feasibility study. Attached is Resolution No. 4177, which orders the feasibility report for Fuller Street between 10th Avenue and Vierling Drive. ALTERNATIVES: 1. Adopt Resolution No. 4177. 2. Deny Reolution No. 4177. 3. Table Resolution No. 4177 until a later date. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4177 which orders the feasibility report prepared for this project. With the recreation facility project proceeding forward and the Scott County Highway Department scheduling for upgrading County Road 77 this year, it is imperative to begin the feasibility report at this time. ACTION REQUESTED: Offer Resolution No. 4177, A Resolution Ordering the Preparation of a Report on an Improvement to Fuller Street, from 10th Avenue to Vierling Drive and move its adoption. BAL/pmp MEM4177 RESOLUTION NO. 4177 A Resolution Ordering The Preparation Of A Report On An Improvement To Fuller Street, From 10th Avenue To Vierling Drive WHEREAS, it is proposed to improve Fuller Street,from 10th Avenue to Vierling Drive by grading, pavement, curb & gutter and storm sewer and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: Mill Pond Treatment Basin DATE: February 15, 1995 INTRODUCTION: Attached is Resolution No. 4180, a resolution ordering an improvement No. 1995d the reparation of plans and specifications for the Mill Pond Treatment Basin, Project BACKGROUND: On December 6, 1994, the City Council authorized the execution of inn. The purpose of this agreement with the Metropolitan Council for the construction of the Mill Pond Treatment Bas project is to provide treatment to the stormwater being scharged is beingrfunded by a grant from om the Upper Valley Drainageway before it enters the Minnesota River. Theproject the Metropolitan Council in the amount of $100,000, and a tolocal roceed wicost lth preparing plans cipation from the Storm Drainage Fund of$35,000. Staff is seeking permissionp and specifications for this project. As this project is not being assessed, a public hearing is not required prior to ordering the improvement. Attached is a detailed work plan for this project which breaks out the project costs by task as is recommending that Orr-Schelen- Mayeron by the agreement with Metropolitan Council. Staff Mayeron & Assoc., Inc. be retained to perform design services, costs, water orr e quality sermonitoring s as and d final project reporting to the Metropolitan Council. The total in the work plan, is $37,496.00. These costs were included in the original project cost estimate. ALTERNATIVES: 1. Adopt Resolution No. 4180. 2. Deny Resolution No. 4180. 3. Authorize a consultant contract with Orr-Schelen-Mayeron & Assoc., Inc. 4. Designate another source for the engineering services. 5. Table for additional information from staff. ACTION REQUESTED: 1. Offer Resolution No. 4180, A Resolution Ordering an Improvement and the Preparation of Plans and specifications for the Mill Pond Treatment Basin, Project No. 1995-7, and move its adoption. 2. Authorize the proper City officials to execute a consultant contract with Orr-Schelen- Mayeron& Assoc., Inc. for design services, water quality monitoring and final reporting for the Mill Pond Treatment Basin Project for a fee not-to-exceed $37,496.00. DMN/pmp MILL INTRODUCTION: Please find outlined below, a detailed work plan that outlines the anticipated steps to construct the Mill Pond Treatment Basin improvements. These improvements are anticipated to be funded in part through the Metropolitan Council's Water Quality Initiative Grant Program. The work effort is broken down into four major sections. They include: I. Project Management II. Design Services III. Construction Services IV. Water Quality Monitoring - Additional details on each of these work efforts is provided below: Personnel Hours Rate/Hr Total Responsible I. PROJECT MANAGEMENT In order to successfully coordinate the design effort with both the City of Shakopee and the Metropolitan Council,specific time has been allocated to assure such communication is an integral part of the project. The specific project management activities are described below: A. PREPARE WORK PLAN A draft work plan will be prepared for review and subsequent approval by Met OSM-Peter R.Willenbring 4 $ 89.00 $356.00 Council and the City of Shakopee. This work plan will include all anticipated OSM-Todd E.Hubmer 6 $ 50.00 S300.00 project tasks necessary to successfully complete the project. It is anticipated this work plan will be finalized by January 1995. B. MEETING A 1 1hNDANCE In order to coordinate activities with Met Council,the City of Shakopee,and OSM-Peter R.WillenbrinQ 24 $ 89.00 $2,136.00 other affected parties,it is anticipated that time will be spent in preparation for an attendance at up to six meetings.These meetings will take place throughout the project process. C. PREPARE PROGRESS REPORTS Quarterly progress reports are anticipated to be prepared which will outline OSM Peter R.Willenbring 16 S 89.00 S1,424.00 generally the work completed to date with specific attention paid to the work OSM-Todd E.1lubmer 16 S 50.00 S800.00 completed in the last quarter,and detailing the work anticipated in the next quarter. Descriptions of any problems encountered and the status of the project as it relates to budget will also be provided. D. PREPARE FINAL REPORT Upon completion of the project,a final report will be prepared and submitted to the City of Shakopee and Met Council summarizing the project activities OSM-Peter R.Willenbring 40 S 89.00 S3.560.00 that occurred,and the anticipated benefits associated with the project. The OSM-Todd E.Hubmer 24 S 50.00 S1,200.00 submittal of this final report will be the last task associated with the • Task Total $9,776.00 completion of this work plan. It is anticipated this final report would be prepared and submitted in March, 1997. II. DESIGN SERVICES Outlined below please find a breakdown of the various tasks associated with completing the design for this project. A. PRELIMINARY SURVEY A preliminary survey of the Mill Pond Area will be completed as part of this OSM-3-Man Survey Crew 24 $ 120.00 $2,880.00 task to allow for the future design of improvements to the treatment basin. OSM- Laurie McRostie OSM-Kim Midthun OSM-Todd E.Hubmer 8 $ 90.00 $720.00 The preliminary survey will gather field information on typical type cross8 $ 40.00 $320.00 section and profiles that are present in three locations in the Mill Pond area, delineate the edge of the Mill Pond area,and estimate water depths throughout the treatment basin.This survey will also include completing a wetland delineation in the areas adjacent to the Mill Pond that could be potentially impacted by the proposed project.It is anticipated this survey will be completed by February,1995. B. COMPLETE HYDROLOGIC ANALYSIS The hydrologic analysis of the area tributary to the treatment basin will be 24 $ 50.00 $1,200.00 completed for the purposes of determining anticipated run-off rates and OSM Floyd Howard 16 $ 50.00 $800.00 volumes that could be directed to the basin. A TR-20 based hydrologic model will be set up for this purpose and 1,5,10 and 100 year return frequency event will be analyzed to estimate anticipate inflow rates. C. COMPLETE HYDRAULIC DESIGN Based on the anticipated inflow rates determined in the above task,the OSM-Peter R.Willenbring 10 $ 89.00 OSM-Todd E.Hubmer $890.00 hydraulic characteristics of the treatment basin improvements will be defined. 20 $ 50.00 $1,000.00 The capacity of various control structures and conveyance systems through OSM Floyd Howard 20 $ 50.00 $1,000.00 and over the dikes,will be determined as part of this effort. D. PREDICT TREATMENT BASIN REMOVAL EFFICIENCY A P8 water quality model will be set up for the system to estimate removal OSM-Peter R.Willenbring 8 $ 89.00 $712.00 24 $ 50.00 $1,200.00 OSM Peter R.Willenbring 20 $ 89.00 $1,780.00 efficiencies for the basin. Specifically,removal efficiencies for total suspended OSM-Todd E.Hubmer solids and total phosphorus will be predicted using this model. E. PREPARE FINAL PLANS AND SPECIFICATIONS For this task,final plans detailing the improvement measures to be constructed within the Mill Pond Basin will be completed. Specifications will be prepared in such a manner that a public bid process OSM Floyd Howard 32 $ 50.00 $1,600.00 60 $ 40.00 $2,400.00 OSM-Peter R.Willenbring 24 S 89.00 $2,136.00 OSM-Todd E.Hubmer 48 S 50.00 S2,400.00 Task Total $21,038.00 can be utilized to implement this project. It is anticipated the final plans and OSM-Ted Witkowski specifications will be prepared by July,1995. F. SECURE NECESSARY PERMITS As part of this task,permit applications will be submitted for this project to the Lower Minnesota River Watershed District,the DNR,and the Army Corp of Engineers.Follow-up associated with these permits will also be completed. It is anticipated permits from these three agencies will be secured by September, 1995. III.CONSTRUCTION SERVICES Outlined below please find a breakdown of the tasks associated with formal construction of the Mill Pond basin. These tasks typically revolve around soliciting bids,preparing contract documents,securing and awarding the contract,and providing follow-up inspection for the project. A. ADVERTISEMENT FOR BIDS CITY-David Nummer 4 $ 60.00 $240.00 Advertisement for bids will be prepared and sent out in September,1995. CITY-Ray Ruska 4 $ 60.00 $240.00 B. PERFORM CONTRACT ADMINISTRATION DUTIES This effort involves issuing notice of award,securing proper documents, OSM-Peter R.Willenbring 32 $ 89.00 $2,848.00 Performance Bond,Payment Bond,etc.,issuing Notice to Proceed,and Construction Cost Esimate - $95,584.00 handling partial pay estimates and final pay estimates for the project. - C. PERFORM PERIODIC INSPECTION As part of this task,periodic inspection of the work completed by the CITY Ray Ruska 34 60 $1,440.00 contractor will be provided. It is anticipated staff from the City of Shakopee Task Total $100,352.00 will perform a significant portion of this activity. IV. WATER QUALITY MONITORING PROGRAM In order to specifically determine the actual performance of the system that is constructed,a water quality monitoring program for the Mill Pond basin will be implemented. The tasks associated with this implementation are outlined below: • A. WATER SAMPLING Collect water samples from the inlet and outlet of the Mill Pond basin,and the OSM Ted Witkowski 32 $ 40.00 $1,280.00 Minnesota River on four occasions. It is anticipated that sampling will take place in March,May,July,and September of 1996. B. SAMPLE ANALYSIS Analyze samples collected for total suspended solids,total phosphorus,and BRAUN-Dean Almquist $ 1,020.00 soluble reactive phosphorus. We anticipate this analysis will be completed in January,1996. C. INTERPRET WATER QUALITY DATA Complete analysis of pond performance based on sample analysis results, OSM-Peter R.Willenbring 4 $ 89.00 S356.00 and calibration of water quality model. It is anticipated this analysis will be OSM-Todd E.Hubmer 16 $ 50.00 $800.00 completed in March,1997. D. PREPARE MAINTENANCE PLAN A maintenance plan for the Mill Pond Treatment Basin will be included as part OSM-Peter R.Willenbring 2 $ 89.00 S178.00 of the final report. It is anticipated this maintenance plan will be completed in OSM-Todd E.Hubmer 4 $ 50.00 S200.00 March,1997. Task Total $3,834.00 Estimated Total Cost of Project $135,000.00 RESOLUTION NO. 4180 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For The Mill Pond Treatment Basin Project No. 1995-7 WHEREAS, the City of Shakopee has entered into an agreement with the Metropolitan Council for the construction and funding of the Mill Pond Treatment Basin. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Settlement basin construction in the Mill Pond area. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1995-7 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: February 17, 1995 RE: St . Francis Regional Medical Center BACKGROUND: Staff has been working diligently with representatives of St . Francis to finalize their plat and the many related documents. In working through these documents, we discovered a few more details that need to be addressed. In particular, we noticed the following changes were needed: 1 . The payment for storm sewers along County Road 17 was not mentioned. Language has been added to the resolution in paragraph 1.B. (3) to provide that these storm sewers shall be paid for like all others. 2 . The developer has requested that the park dedication for Outlot A be specified, rather than recomputed at the time of replatting. The developer has agreed to pay interest on the deferred assessment. The interest was set at 8% upon recommendation of Gregg Voxland. 3 . Utility easements are needed immediately by SPUC for a waterline between their two parcels. Paragraph 3 .D was revised to provide this and to allow the other easements to be tied to the certificate of occupancy of the hospital. Paragraph 3 .D now reflects this. The remainder of the resolution was left unchanged. ALTERNATIVES: 1. Adopt Resolution No. 4183 ., amending Resolution No. 4162 . 2 . Amend Resolution No. 4183 and then adopt it . 3 . Do not adopt Resolution No. 4183 RECOMMENDED ACTION: Move to adopt Resolution No. 4183 an amended resolution of the City of Shakopee, Minnesota, approving the preliminary and final plat for the Minnesota Valley Health Campus Planned Unit Development . [17CCL] RESOLUTION NO. 4183 AN AMENDED RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLAT FOR THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT WHEREAS, on February 7, 1995, the City Council adopted Resolution No. 4162, approving the preliminary and final plat for the Minnesota Valley Health Campus Planned Unit Development; and WHEREAS, certain revisions and clarifications need to be made to address various details of the development. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plats for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) ; The North 21. 15 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) , Section 18, Township 115, Range 22, Scott County, Minnesota; is hereby approved, subject to the following conditions : 1. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer' s Agreement for construction of required improvements : 1) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. A separate agreement shall be entered into in which the Developer shall agree to pay its Share of the cost of the water lines to be constructed in County Road 17 and the east street (Sarazin Street) . 2) Local streets shall be constructed in accordance with the requirements of - the design criteria and standard specifications of the City of Shakopee. The developer agrees to reimburse the City for the construction costs in accordance with the Special Assessment Policy. 3) Installation of storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer agrees to construct all stormwater improvements on their property in accordance with the approved Stormwater Management Plan for the plat. The City agrees to reimburse the developer for stormwater improvements in the south and west streets (St . Frances Avenue and County Road 17) , except that the developer shall pay for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. 4) Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 5) Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 6) Street signs will be constructed and installed by the City of Shakopee at cost to the developer of $250 . 00 each per sign pole. (4 @ $250 $1, 000) 7) Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the building permit for the principal structure for each lot. The park dedication fee for Outlot A is hereby set at $16, 053 .20, but shall be deferred until Outlot A is replatted. At that time the park dedication shall be due with simple interest at 8% . 2 . The following must be completed prior to (or at the same time as) the recording of the Final Plat with the Scott County Recorder' s Office: A. All private utility easements shall be shown on a recorded easement . This easement document must be approved by the City Attorney. B. The developer shall record a 20 foot wide public water easement between Lots 6 and 7 Block 1 along the 10 foot drainage and utility easement located along the east property line. 3 . The following must be completed prior to the approval of Building Permits or Certificates of Occupancy for the lots in the subdivision plat : 2 A. No building permits shall be issued to Outlot A until it is replatted. B. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the release of the grading permit . C. Final construction plans and the Stormwater Management Plan shall be approved by the City Engineer prior to the release of the grading permit . D. Utility easements as required by the Shakopee Public Utilities Commission shall be recorded prior to the issuance of the Certificate of Occupancy for the hospital (Lot 1, Block 1) , with the exception of the easement between Lots 6 and 7, which shall be recorded prior to or at the time of the recording of the final plat . prior to thc rcicaoc of thc footing and foundation permit . E. The trunk sanitary sewer charge ($53, 950 . 94) for the site (per Resolution No. 4157) shall be paid prior to the issuance of the Certificate of Occupancy-for the hospital (Lot 1, Block 1) . 4 . The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the drainage plan. B. Each lot shall have its own water service and sanitary sewer service or common services may be provided in compliance with the Plumbing Code. If these services are common, a private easement and maintenance agreement shall be recorded, and must be approved by the City Attorney. C. The developer shall provide adequate sanitary sewer storage facilities on-site until the City sanitary sewer system becomes available to the site.. The developer shall connect to the City sanitary sewer systemwhen it becomes available. D. The storm sewer system to be constructed in the north (17th Avenue) and east (Sarazin Street) streets shall be paid by the City of Shakopee. The developer shall pay for all oversizing costs associated with the stormwater facilities in these streets as determined by the City Engineer. 3 - BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Developer' s Agreement for the Minnesota Valley Health Campus subdivision. (Note : The underlined provisions are added to Resolution No. 4162; the otrickcn provisions are deleted. ) Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk -7,1_,9../6 Approved as to form: !�f CityAttorney Y / / 17CCL] �/ - 4 /Q CONSENI MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/Community Services Director RE: 1995 Fee Schedule Amendment -Resolution No. 4163 DATE: February 17, 1995 INTRODUCTION: On February7, 1995 the Shakopee City Council discussed the proposed Seasonal Non- Resident Activity Fee increase. City Council subsequently directed staff to modify the resolution. BACKGROUND: In 1995 the actual cost to provide recreation services will equate to approximately $25.52 per participant. At a Committee of the Whole meeting on January 24, 1995 the Townships stated that they would be willing to reimburse the City at a rate of$10.00 per participant. Several weeks ago staff proposed increasing the Seasonal Non-Resident Activity Fee for youth to $11.00. Discussion subsequently ensued on the non-resident fee rate to be applied to those persons who participate in Shakopee recreation programs that live outside the City limits and Jackson and Louisville Townships. It was the general consensus that those persons should be expected to pay an amount equal to what the Townships were paying in whole. Attached is Resolution No. 4163 which amends the 1995 Fee Schedule increasing the Seasonal Non-Resident Activity Fee for youth to $21.00. The resolution specifies that given the $10.00 per participant reimbursement from Jackson and Louisville Townships, persons residing in those areas who participate in the City of Shakopee recreation programs will be expected to pay $11.00 Seasonal Non-Resident Activity Fee for youth. Other non-residents not residing within Jackson and Louisville Townships will be expected to pay a$21.00 Seasonal Non-Resident Activity Fee for youth. ALTERNATIVES: 1. Approve Resolution No. 4163, A Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule, incorporating an increase in the Seasonal Non-Resident Youth Activity Fee. 2. Suggest a different fee for Non-Resident Youth Activities and approve Resolution No. 4163 as amended. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution No. 4163, A Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule, incorporating an increase in the Seasonal Non-Resident Youth Activity Fee and move it's adoption. BAS/tiv- h:\Tami\Admin\95Fee RESOLUTION NO. 4163 A RESOLUTION AMENDING RESOLUTION NO. 4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the calendar year, and; WHEREAS, changing conditions and circumstances warrant amending the fee schedule, and; WHEREAS, at a Committee of the Whole meeting on January 24,1995 Jackson and Louisville Township officials acknowledged a commitment to reimburse the City $10.00 for each person participating in Shakopee recreation programs from their jurisdiction, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. A$11.00 Seasonal Non-Resident Activity Fee for Jackson and Louisville Township youth is hereby established. 2. That the Seasonal Non-Resident Activity Fee for all others be increased from $3.00 to • $21.00. 3. That the aforementioned fees be increased or decreased accordingly based on the reimbursement amount per participant as committed by jurisdiction governing said non- resident participants. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form , City Attorney