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HomeMy WebLinkAbout04/04/1995 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 4 , 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9] Approval of Minutes: None 10] Communications: None 11] 7 : 00 P.M. PUBLIC HEARINGS: a] Appeal of Board of Adjustment and Appeals approval of a conditional use permit for James Development Firm to construct two principal structures on each of three lots and with each structure to be three stories in height, Resolution No. CC-715 b] Continuation of public hearing on the proposed vacation of the remaining alley in Block 31, Shakopee Plat, located north of the Stans Museum c] Considering the creation of an economic development authority, Res. Nos. 4206 and 4207 12] Recommendations from Boards and Commissions: a] Preliminary Plat for Arlington Ridge 1st Addition, located at the west end of existing 13th Avenue, Res. No. 4198 TENTATIVE AGENDA April 4 , 1995 Page -2- 13 ] Reports from Staff: *a] Illegal Tobacco Sales *b] Portable Radios - Police Department *c] Surplus Property *d] Set-Up Licenses e] CSAH 16 reconstruction from CSAH 17 to CR-83 - Drainage Study *f] Civic Center - Authorization to Bid Packages 3-18 *g] Murphy's Landing Recognition and Non-Disturbance Agreement h] Awarding Bids on Down Town Alley Project, 1993-9, Res. No. 4204 i] Awarding Bids on Sarazin and Roundhouse Sts, Project 1994-10, Res. No. 4201 j ] Hiring A Recording Secretary - memo on table *k] Approve Bills in the Amount of $134 , 394 . 23 *1] Easement Acquisition for Roundhouse Street, Project No. 1994-10 14] Resolutions and Ordinances: *a] Res. No. 4188 - Resolution of Appreciation to Jim Cook *b] Res. No. 4189 - Resolution of appreciation to Robert Tomczik *c] Res. No. 4197 - Authorizing Bank Transfers *d] Res. No. 4200 - Approving Premises Permits for VFW *e] Res. No. 4203 - Special Commendation to Gerald Dircks *f] Ord. No. 410 - Amending Commercial Building Rehab Loan Program *g] Ord. No. 411 - Reducing CDC Membership to Seven Members *h] Res. No. 4202 - Staying Wetland Replacement Plan for Ryan Contracting Inc. 15] Other Business: a] b] c] 16] Adjourn Dennis R. Kraft City Administrator REMINDER: April 11, 1995, 5: 30 P.M. Committee of the Whole TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Session April 4, 1995 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the March 7 & 21, 1995 meeting minutes . 3 . Other Business a) b) 4 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 7, 1995 Chrmn. Beard called the meeting to order at 7 : 04 P.M. with Commissioners Brekke, Laurent, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator/HRA Director; Barry Stock, Assistant City Administrator; Mark Erickson, Assistant City Attorney; Lindberg Ekola, Planning Director; Bruce Loney, Public Works Director/City Engineer; and Judith S. Cox, City Clerk. Brekke/Laurent moved to approve the minutes of February 7, 1995. Motion carried unanimously. Barry Stock reported that on February 7, 1995, the Shakopee HRA requested that the Community Development Commission review the Rehab Grant Funding Formula. The CDC did, and concurred that there was a flaw in the current formula. The CDC is recommending a progressive reimbursement formula which would provide for a 25% grant for projects with a total cost ranging between $4, 000. 00 - $40, 000. 00 with additional projects costs above the $40, 000. 00 level reimbursed at a rate of 33% not to exceed a total grant reimbursement of $25, 000.00. Mr. Stock stated that another option would be to go back to a flat rate. Sweeney/Brekke moved to expand the program to include multiple unit residential housing. Motion failed with Commissioners Laurent, Beard, and Brekke dissenting. Sweeney/Lynch moved to amend the Rehab Grant Funding Formula incorporating 25% grant for projects up to $40, 000. 00 with additional projects costs above the $40, 000. 00 level to be reimbursed at a rate of 33% not to a exceed a total grant reimbursement amount of $25, 000. 00 with the minimum cost of participation starting at $15, 000. 00. In answer to Comm. Lynch's question, John Albinson approached the podium and explained that the CDC, decided on the $4, 000. 00 minimum amount in order to prevent numerous requests for $1, 000.00 grants and reach a level where more expensive improvements would take place. Brekke/Sweeney moved to amend the motion to a minimum cost participation starting at $10, 000. 00. Motion carried unanimously. Sweeney/Brekke moved to amend the motion by dropping the 33% beyond $40, 000. 00 making it a 25% across the board grant with a $25, 000. 00 maximum grant. Motion carried unanimously Motion carried unanimously on the main motion, as amended. March 7 1995 _ II Official Proceedings of the , Shakopee Housing & Redevelopment Authority Page -2- Mr. Stock explained that currently there is approximately $7, 000, 000. 00 TIF funds available. If the legal criteria is met for the athletic facility and the Chaska Interceptor, then the $7, 000, 000. 00 is committed. Based on current projections, there should still be the $1,000, 000. 00 cushion available in about 1999. Mr. Stock stated that staff recommends that the HRA retain the future $1, 000, 000. 00 cushion to protect against any potential tax default. Lynch/Brekke moved to research all avenues to decide the best way to utilize the TIF funds and to adjourn to March 21, 1995. Motion carried unanimously. Brekke/Sweeney moved to authorize the appropriate HRA officials to utilize the services of Peter Patchin & Associates, Inc. to complete appraisals for the properties located within Blocks 3 & 4, OSP. Motion carried unanimously. Sweeney/Brekke moved to direct staff to explore the possibilities of creating an Improvement Fund available to multi-family housing. Motion carried with Commissioner Laurent dissenting. There being no other business to come before the HRA, Chairman Beard adjourned to Tuesday, March 21, 1995 at 7:00 P.M. Meeting adjourned at 7: 59 P.M. Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 21, 1995 Chrmn. Beard called the meeting to order at 7: 07 P.M. with Comm. Brekke, Laurent, and Sweeney present. Comm.Lynch was absent. Also present: Dennis R. Kraft, City Administrator/HRA Director; Barry Stock, Assistant City Administrator, Karen Marty, City Attorney; Bruce Loney, Public Works Director/City Engineer, Lindberg Ekola, Planning Director; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Tom Steininger, Chief of Police. Gregg Voxland, approached the podium. He stated that the information in the agenda packet TIF funds was outdated and that there is a much simpler process than that spelled out in the memo. He then asked Mr. Tom Hay, Bond Counsel from the Dorsey Firm, to give a brief presentation on the information proposed in the legislation. He stated that the action to the HRA would be to would be to amend the TIF Plan before July 1, 1995. Tom Hay, Bond Counsel, approached the podium. He explained that there is a proposed substantial amendment to the TIF law in the Minnesota Legislature. Last week he sent a recent version to Gregg Voxland and Barry Stock. He stated that the House is likely to adopt something severe and that it is likely to be included in the major tax bill in the last week of the Session. He stated that the most recent changes have been in the right direction. Mr. Hay explained that there are some substantive provisions of interest to Shakopee. We have in existence District I - K-Mart, and part of the track. District II - An Elderly High-rise downtown. District III - A downtown redevelopment District. District IV and V are closed. VI - A motel district producing excess increment. District VII - Mebco, a comb manufacturing company. District VIII was never activated, and IX which is FMG, a manufacturing proposition and a pay as you go subsidy of increment that will end before the end of the District and there will be some excess increments. He stated that our position is that we have six Districts all created February 1990 or prior, all of which are now or will be generating excess increments before the end of the District. He then stated what the restrictions there will be on the expenditure of the excess increments not committed for other purposes. A Section was enacted to the law stating that 75% of the money generated by a Tax Increment District must be expended within the boundary of the Increment District, and only 25% can be expended within a larger project boundary. He explained that as originally adopted it only applied to Districts where certification was requested from the County Auditor on April 30 1990 or later and the last of Shakopee's was February of 1990. Therefore, not applying to Shakopee. This was further tightened by changing the 75-25 split to 90-10 and counting administrative expenses against the 25 and Official Proceedings of the March 21, 1995 Shakopee Housing & Redevelopment Authority Page -2- 10 making it a severe limitation for districts created after April of 1990. Mr. Hay referred to Section 13 (of the proposed legislation) , explaining that it applies to all Tax Increment Districts. A recipient of Tax Increment Financing Assistance must repay the assistance to the authority if any one of three situations occurs before a certain time period passes: 1) The developer sells or transfers the property, 2) If the business goes out of business at the site, 3) Housing, if no longer in compliance with the low and moderate income requirements that apply. The effective date of the provision is for assistance provided after July 31, 1995. He stated that this will apply to the expenditure of the existing funds available and any accumulation of funds if they are spent to provide assistance to the private sector. Mr. Hay referred to Section 17 in the proposed law stating that it has the potential to affect the City the most. It applies to any district created before May 1, 1990, which are all of Shakopee's. This states that Tax Increments from those districts may only be expended on a list of ten items. Mr. Hay added that Shakopee may be able to make use of items 1, 2, and 4-10 under certain circumstances. Mr. Hay recommended taking another look at the TIF Plan to see that all of the expenditures are as specific as possible and all the projects are identified and to include any desired changes in a further amendment of the Plan before July 1, 1995. Discussion followed. Staff will review the TIF Plan and identify any amendments that the HRA may wish to consider making to the Plan. Chairman Beard adjourned the meeting at 7: 31 P.M. to the 1st meeting in April. Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary 3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Downtown Alley Funding DATE: April 3, 1995 Introduction It appears that the funding source for the downtown alley project has never been finalized. Background The city cost of the downtown alley project after SPUC' s share and after special assessments has two options shown in the feasibility report . The amount of money involved is about $500, 000 . A decision on which option to use has not been made. The Council appears committed to the project so the question is which funding • source to use. Option one is to use available balance in the Capital Improvement Fund. Option two is to use TIF. The advantage to TIF is the time line of executing a contract and expending the funds in view of pending legislation. This project is not included in the current TIF plan but it is anticipated that the TIF plan will be amended soon. If this option is selected, it will become the highest priority for the use of TIF simply because of timing. (The Civic Center was already funded at $4, 500, 000 in 1994) Alternatives 1 . Use CIF for the city share of costs. 2 . Use TIF for city share of costs. Recommendation Use TIF because of the time line involved. CIF funding can always be used later where the TIF money would have gone if not used for downtown. Action Requested Move to approve of the use of TIF for the city share of the downtown alleys project and direct staff to prepare a TIF Plan amendment to include the downtown alleys project . taxinc\memo4-3 161 Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Date Prepared: March 24, 1995 Meeting Date: April 4, 1995 RE: Appeal of the Decision of the Shakopee Board of Adjustment and Appeals - Conditional Use Permit Approved for Arlington Ridge - James Development Firm INTRODUCTION Ralph Schmidt of James Development Firm has submitted an application for a Conditional Use Permit to construct six structures three stories in height, and to construct two structures on each of the three lots within the proposed Arlington Ridge subdivision. The subject site is located in the western portion of the City of Shakopee, at the west end of the existing 13th Avenue (previously named Vierling Drive). At the March 9, 1995, meeting, the Board of Adjustment and Appeals approved the request for the Conditional Use Permit. A copy of the staff memo from the March 9, 1995, Agenda Packet has been attached. Please refer to this staff memo for background information regarding this request. On Friday,March 17, 1995,the City received a request for an Appeal of the Decision of the Board of Adjustment and Appeals from Sandra McNellis,Gene Steinhaus, Shirley Dahl,Dave and Irma Regan, Kay Ely, and Tom Handrich. The public hearing regarding this appeal has been scheduled for the April 4, 1995,meeting of the City Council. BACKGROUND Preliminary Plat for Arlington Ridge James Development Firm is also requesting approval of the Preliminary Plat for Arlington Ridge in order to subdivide the 11.33 acre site into 3 lots. Discussion regarding the approval of the Preliminary Plat has also been scheduled for the April 4, 1995, meeting of the City Council, and its approval has been recommended by the Planning Commission. A copy of the staff memo regarding this Preliminary Plat is included in this Agenda Packet. Please refer to this memo for additional information regarding the Preliminary Plat. Conditional Use Permit for the Arlington Ridge proposal The applicant requested and received approval of a Conditional Use Permit from the Board of Adjustment and Appeals in order to construct two, 3-story, multiple family structures on each of the three lots to be platted within the Arlington Ridge subdivision. Opposition to the approval of the Conditional Use Permit was expressed in two letters that were included in the March 9, 1995, BOAA Agenda Packet, and additional opposition was expressed in the testimony provided at the public hearing. (Please refer to the March 9, 1995, Minutes of the Board of Adjustment and Appeals.) 1 The Board approved the Conditional Use Permit subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained, and operated under unified control. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. On March 17, 1995,this decision was appealed to the Shakopee City Council by Sandra McNellis, Gene and Addie Steinhaus, Shirley Dahl,Dave and Irma Regan,Kay Ely,and Tom Handrich. They are appealing the decision of the Board of Adjustment and Appeals for the following two reasons: 1. They are appealing the decision due to the findings based on the criteria required for granting Conditional Use Permits; and 2. They are appealing the decision due to an allegation of the City's failure to notify by mail the owners of all properties located wholly or partially within 350 feet. Section 11.85, Subd. 5 states that any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a Conditional Use Permit may have such decision reviewed by the City Council if a request for review is submitted within ten (10) days of the date of the decision. DISCUSSION The applicant requested and received approval of a Conditional Use Permit, as per the following section of the City Code: Section Subd. Subject Section 11.34, Subd. 3 Conditional Uses within the R-3 Zone: Item K - "Structures over 2 1/2 stories or 35 feet in height"; and Section 11.81, Subd. 5 Number of Buildings per Lot: "Only one principal building shall be located on a lot, unless the lot is subject to a planned unit development or has a conditional use permit for a development containing more than one principal structure per lot." FINDINGS Section 11.85, Subd. 1 discusses the criteria required for the granting of Conditional Use Permits. This criteria and the findings of staff are listed below: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; 2 Finding#1 Staff has received no evidence that the use as conditioned will be injurious to the uses and the enjoyment of other property in the immediate vicinity, or would substantially diminish or impair property values in the area. In fact, the applicant is proposing to install 318 trees and shrubs on the three lots which should enhance the aesthetics of the site. All six of the structures being proposed by James Development Firm would be 30 feet in height. This is actually less than the maximum height allowed within the Urban Residential (R-1B) and the Old Shakopee Residential (R-1C) Zones. These Single Family Zones allow structures of up to 35 feet in height. In addition, the size of the structures may provide a transition area between the proposed Shakopee Bypass and the existing shopping mall for some of the existing single family and multiple family structures adjacent to the site. With the approval of the Conditional Use Permit, each of the 3 lots would contain two, 3-story structures. To ensure that each of the two structures to be located upon each lot are owned, maintained, and operated under unified control, staff has recommended a condition requiring that each lot remain under the ownership of one individual, partnership, or corporation, and the ownership of each of the two structures upon each lot shall remain under the ownership of same. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 The site contains 11.33 acres of land. The majority of the area surrounding the site is either Multiple Family Residential (R-3) or Highway Commercial (B-1). The conditional use will not impede future development in the area. Criteria#3 Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided; Finding#3 The applicant will provide adequate utilities for the conditional use. Adequate access is provided to the site from 13th Avenue to the east, and from an extension of Taylor Street along the west edge of the proposed plat. In addition, the large site allows for adequate parking and loading areas for the proposed use. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The purpose of the Multiple Family(R-3)Zone provided in Section 11.34, Subd. 1. This portion of the Shakopee City Code states, "The purpose of the multiple family 3 This portion of the Shakopee City Code states, "The purpose of the multiple family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre,and also provide a transitional zone between single family residential areas and other land uses". Due to market considerations, the applicant has recently been redesigning the site plan for Lot 2. Instead of two, 24 unit apartment buildings upon Lot 2,the applicant is proposing two, 16 unit structures. These would be two story townhome units, and each unit would have a separate entrance. This proposal would reduce the number of units from 144 to 128 units, and would reduce the density from 12.7 units per acre to 11.3 units per acre. The use is consistent with the purposes of the Multiple Family (R-3) Zone and complies with Section 11.85, Subd. 1, regarding Criteria for Granting Conditional Use Permits. Multiple Family dwellings containing three or more units is a permitted use within the R-3 Zone. The proposed structures will also be located upon lots that meet all design standards and public improvement requirements as prescribed by Chapter 12 of the City Code(Subdivision Regulations). Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is consistent with the Comprehensive Plan. Both the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan for the City of Shakopee have designated the area for Multiple Family Residential uses, and the site has been zoned for Multiple Family Residential uses since 1979. In addition,the utility systems have been planned for multiple family residential development, and the proposed density is in conformance with the long range planning for the area. PUBLIC HEARING NOTIFICATION REQUIREMENTS Section 11.85, Subd. 3.A states the following, "After receipt of a completed application, a date shall be set for a public hearing before the Board ofAdjustment and Appeals. Not less than 10 days prior to the public hearing, notice shall be published in the official newspaper, and sent by mail to the applicant and to the owners of all properties located wholly or partially within 350 feet, as reflected in the records of the Scott County Recorder". The applicant obtained the required list of property owners from the Scott County Recorder's Office, and submitted the list with the application for the Conditional Use Permit. However, the list did not include the following: 1. Sandra McNellis, 1222 Polk Street; 2. Dave and Irma Regan, 1226 Polk Street; and 3. Gene and Addie Steinhaus, 2003 13th Avenue West. On March 17, 1995,the decision by the BOAA was appealed to the Shakopee City Council by Sandra McNellis, Gene and Addie Steinhaus, Shirley Dahl, Dave and Irma Regan, Kay Ely, and Tom 4 Handrich. Sandra McNellis,Dave and Irma Regan, and Gene and Addie Steinhaus were not on the list from the Scott County Recorder's Office. Shirley Dahl, Kay Ely, and Tom Handrich were on the list from Scott County. Staff mailed a copy of the notice of the public hearing to the property owners included on the list, and a copy of this notice was published in the Shakopee Valley News on February 23, 1995. City staff has discussed this issue with legal counsel and staff has been advised that the lack of notice to the above mentioned individuals does not invalidate the public hearing held by the Board of Adjustment and Appeals, nor invalidate their action. Notice of a public hearing allows surrounding residents an opportunity to attend the hearing, receive information on the project, and to voice their concerns. Irma Regan, Gene Steinhaus, and Sandra McNellis attended the public hearing and were allowed to participate in the hearing. Since they were allowed to provide input at the public hearing prior to the decision by the Board of Adjustment and Appeals, legal counsel does not feel that the lack of a mailed notice affected their rights. A copy of a memo discussing this issue and written by Mark Erickson, Assistant City Attorney for the City of Shakopee, has been attached for your reference. ALTERNATIVES 1. Uphold the decision of the Board of Adjustment and Appeals and affirm the approval of the Conditional Use Permit. 2. Overturn the decision of the Board of Adjustment and Appeals and deny the Conditional Use Permit. 3. Continue the public hearing to allow the applicant or staff to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer Appeal Resolution No. CC-715, A Resolution Granting a Conditional Use Permit to Construct Two Principal Structures per Lot, with each Structure to be Three Stories in Height, within the Proposed Arlington Ridge Subdivision, and move its adoption. {CITYCOUMAPPEALCU.404) 5 RESOLUTION NO. CC-715 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT TWO PRINCIPAL STRUCTURES PER LOT, WITH EACH STRUCTURE TO BE THREE STORIES IN HEIGHT, WITHIN THE PROPOSED ARLINGTON RIDGE SUBDIVISION. WHEREAS,James Development Firm, applicants, and Watson Investments, Inc., owners, have filed an application dated February 13, 1995, for a Conditional Use Permit under the provisions of Chapter 11,Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.04, Subd. 6, for a Conditional Use Permit to construct two principal structures per lot, with each structure to be three stories in height, within the proposed Arlington Ridge subdivision; and WHEREAS,this parcel is presently zoned Multiple Family Residential(R-3); and WHEREAS, the property upon which the request is being made is legally described on Attachment 1, attached hereto and incorporated herein; and WHEREAS, notice was provided and on March 9, 1995, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Planning Director and invited members of the public to comment. WHEREAS,at the conclusion of the public hearing, the Board of Adjustment and Appeals voted to approve the application, subject to conditions; and WHEREAS,a written appeal was filed with the City Administrator within ten(10) days of the Board of Adjustment and Appeals' action; and WHEREAS,the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board's action. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the application for a Conditional Use Permit to Construct Two Principal Structures per Lot, with each Structure to be Three Stories in Height, within the Proposed Arlington Ridge Subdivision, is hereby GRANTED, subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained, and operated under unified control. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. 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 . . • A++ocrnr PROPERTY DESCRIPTION That part of the North half of the Southwest Quarter (N Y2 of SW ') of Section 11,Township 115, Range 23, Scott County,Minnesota, described as follows: Commencing at the Northwest corner of MINNESOTA VALLEY 3RD ADDITION,also being the Southwest corner of MINNESOTA VALLEY 1ST ADDITION, according to the recorded plats thereof; thence South 1 degree 04 minutes 43 seconds East along the West line of said MINNESOTA VALLEY 3RD ADDITION, a distance of 108.11 feet; thence South 88 degrees 55 minutes 17 seconds West along the North line of said MINNESOTA VALLEY 3RD ADDITION, a distance of 130.00 feet to the point of beginning of the tract of land to be described; thence South 1 degree 04 minutes 43 seconds East along the West line of said MINNESOTA VALLEY 3RD ADDITION a distance of 380.00 feet; thence South 88 degrees 55 minutes 17 seconds West along the North line of said MINNESOTA VALLEY 3RD ADDITION,a distance of 245.00 feet; thence South 25 degrees 25 minutes 17 seconds West along the Westerly line of said MINNESOTA VALLEY 3RD ADDITION, a distance of 380.00 feet; thence South 26 degrees 04 minutes 43 seconds East along the Westerly line of said MINNESOTA VALLEY 3RD ADDITION,a distance of 204.23 feet to the South line of said North half of the Southwest Quarter; thence South 86 degrees 56 minutes 16 seconds West along said South line of the North half of the Southwest Quarter, a distance of 724.91 feet; thence North 0 degree 08 minutes 24 seconds West, a distance of 266.52 feet to the intersection with the Southwesterly extension of the Southeasterly line of VALLEY MALL FIRST ADDITION, according to the recorded plat thereof; thence North 38 degrees 30 minutes 05 seconds East along said Southwesterly extension and the Southeasterly line of VALLEY MALL FIRST ADDITION, a distance of 1008.70 feet; thence South 51 degrees 29 minutes 55 seconds East, a distance of 60.00 feet;'thence South 42 degrees 09 minutes 03 seconds East, a distance of 120.63 feet; thence North 38 degrees 30 minutes 05 seconds East a distance of 85.00 feet; thence North 88 degrees 55 minutes 17 seconds East a distance of 226.00 feet; thence South 1 degree 04 minutes 43 seconds East a distance of 50.00 feet to the point of beginning. EXCEPT: • That part lying South and West of a straight line drawn between a point on the South line of the North Half of Southwest Quarter of Section 11,T115,R23,distant 400 feet East of the intersection of said Southline with the West line of East half of Southwest quarter of Section 11,T115,R23,and a point on said West line distant 600 feet North of said intersection. - QCT i �3�7 �u�, h��� - ���7/J /- •• RECEIVED - Sludzc a dl 37:5--7• March 17, 1995 MAR 71995 yy>`�P///s a��a9 8=° 1 /OO Shakopee City Council CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN 55379 Council Members: SUBJECT: APPEAL OF DECISION GRANTED FOR ARLINGTON RIDGE 1st ADDITION CONDITIONAL USE PERMIT ALLOWING TWO BUILDINGS ON ONE LOT AND THAT EACH BUILDING BE A 3—STORY BUILDING AND THE PRELIMINARY PLAT APPROVAL. Reasons for appeal: We are appealing the findings based on the criteria required for granting Conditional Use Permits. These findings were presented to the Shakopee Board of Adjustments and Appeals on March 9, 1995, by Assistant City Planner, Terrie A. Thurmer. We are appealing the failure to notify by mail the owners of all properties located wholly or partially within 350 feet. Sincerely, CONCERNED CITIZENS REPRESENTATIVES 441/21t101/4-/ Sandra McNellis Gene Steinhaus Shirley Dahl Dave Regan / 1222 Polk St Addie Steinhaus 1230 Polk St Irma Regan Shakopee, MN 55379 2003 13th Av W Shakopee, MN 55379 1226 Polk St Shakopee, MN 55379 Shakopee, MN 55379 CITY OF SHAKOPEE 'HIER: BP TERMINAL NO: iiP 0 DA E: 03/17/95 TIME: 179:54:5,? Kay y Tom Handrich 2052 13th Av W 2062 13th Av W NAME: MCNELLIS, SANDRA Shakopee, MN 55379 Shakopee, MN 55379 /� !J1 t 1 3414 LAND USE •'0171 3414 LAND USE 8 00.5 o e 0171 3414 LAND USE 8.57 0171. 34.14 LAND USE t c: Lindberg Ekola, Zoning Administrator `•�'•'- �' Enclosure: $100.00 i Total Receipt Amount: 100..00 CR0123 7 7 i USER ID: BARB MEMORANDUM TO: Terrie Thurmer, City Planner FROM: Mark Erickson, Asst . City Attorne -- DATE: March 23, 1995 RE: Arlington Ridge Project ISSUE: What is the effect of the Board of Adjustment and Appeal' s decision if there was not proper notice pursuant to the City Code? ANSWER: The lack of proper notice under City Code is not fatal to the Board' s decision. City Code 11. 04 C. 4 requires the City to mail notice of a hearing of an application for a conditional use permit to owners of property located within 350 feet of the outer boundaries of the land to which the conditional use will be applicable. However, a technical defect does not necessarily overturn the City' s action as long as the City' s actions are not in bad faith, do not undermine the purposesof be ito procedures,otected. Rowell v. Boa d ofprejudice thosee in Adjustment, 446 N.W.2d 917 (Minn. App. 1989) . In this case, there is no evidence that the City acted in bad faith. The City mailed notice to approximately 78 residents and published written notice in the Shakopee Valley News. The City substantially complied with requirements of the ordinance. The City obtained a list of property owners from the developer and County Recorder' s office that were 350 feet from the project . The City had no part in assembling the list of names . It appears the names Sandra McNellis, Irma and Dave Regan and Gene Steinhaus, were not onthe list faultd of lthe C City not receive (Shirley Dahl, Kay Ely and hearing, throughTom Handrich received mailed notice) . McNellis, Regan and Steinhaus were not prejudiced by the mistake because they had actual notice of the hearing. Sandra McNellis, Gene Steinhaus and Irma Regan were all present at the Board hearing. In fact, Sandra McNellis and Gene Steinhaus expressed their concerns at the hearing. Therefore, the parties listed in the appeal provided their input to the Board prior to the decision to grant a conditional use permit, and therefore the lack of mailed notice did not affect their rights. MAE:bjm [ARLING.LTR] Memo To: Shakopee Board of Adjustment and Appeals From: Terrie A. Thurmer, Assistant City Planner Meeting Date: March 9, 1995 Re: Conditional Use Permit:Two Principal Structures per Lot,with each Structure to be Three Stories in Height SITE INFORMATION Applicant: James Development Firm, Sauk Rapids,MN 56379 Location: Within the Proposed Arlington Ridge Subdivision to be Located at the West End of 13th Avenue(formerly Vierling Drive). Current Zoning: Multiple Family Residential (R-3) (See Exhibit A) Adjacent Zoning: North: Highway Business (B-1)and Old Shakopee Residential (R1-C) South: Urban Residential (R-1B) East: Multiple Family Residential (R-3) West: Highway Business (B-1) Comp.Plan: 1980: Multiple Family Residential Draft 1994-5: Multiple Family Residential Area: 11.33 Acres MUSA: The site is within the MUSA and can be served by all municipal utilities CASE HISTORY The subject site is unplatted land and it is currently being used for agricultural purposes. The applicant is requesting approval of the Conditional Use Permit in order to construct two, 24-unit multiple family structures on each of the three lots proposed within the Arlington Ridge subdivision; and to construct all six of the structures three stories in height. The applicant is also requesting approval of the Preliminary Plat for the Arlington Ridge development in order to subdivide the 11.33 acre site into 3 lots. Please refer to your March 9, 1995,Planning Commission Agenda Packets for additional background information regarding the Preliminary Plat for Arlington Ridge. INTRODUCTION Ralph Schmidt of James Development firm has submitted an application for a Conditional Use Permit to construct six structures three stories in height, and to construct two structures on each of the three lots within the proposed Arlington Ridge subdivision. The subject site is located in the western portion of the City of Shakopee, at the west end of the existing 13th Avenue (previously named Vierling Drive). Exhibits are attached as follows: Exhibit A,Zoning Map; Exhibit B, Cover Letter; Exhibit C, Site Plan for the Proposed Arlington Ridge development; and Exhibits D.1 and D.2, Landscaping Plan for the Proposed Arlington Ridge development. The applicant is requesting a Conditional Use Permit,as per the following section of the City Code: Section Subd. Subject Section 11.34, Subd. 3 Conditional Uses within the R-3 Zone: Item K- "Structures over 2 1/2 stories or 35 feet in height"; and Section 11.81, Subd. 5 Number of Buildings per Lot: "Only one principal building shall be located on a lot, unless the lot is subject to a planned unit development or has a conditional use permit for a development containing more than one principal structure per lot." FINDINGS The criteria required for the granting of Conditional Use Permits are listed below with staff findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1 Staff has received no evidence that the use as conditioned will be injurious to the uses and the enjoyment of other property in the immediate vicinity, or would substantially diminish or impair property values in the area. In fact,the applicant is proposing to install 318 trees and shrubs on the three lots which should enhance the aesthetics of the site. (Please refer to Exhibits D.1 and D.2.) With the approval of the.Conditional Use Permit, each lot would contain two, 3-story structures. To ensure that each of the two structures to be located upon each lot are owned, maintained, and operated under unified control, staff has recommended a condition requiring that each lot remain under the ownership of one individual, partnership,or corporation,and the ownership of each of the two structures upon each lot shall remain under the ownership of same. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 The site contains 11.33 acres of land. The majority of the area surrounding the site is either Multiple Family Residential (R-3) or Highway Commercial (B-1). The conditional use will not impede future development in the area. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or are being provided; Finding#3 The applicant will provide adequate utilities for the conditional use. Adequate access is provided to the site from 13th Avenue to the east,and from an extension of Taylor Street along the west edge of the proposed plat,and the large site allows for adequate parking and loading areas for the proposed use. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The use is consistent with the purposes of the Multiple Family (R-3) Zone and complies with Section 11.85, Subd. 1, regarding Criteria for Granting Conditional Use Permits. The proposed structures will also be located upon lots that meet all design standards and public improvement requirements as prescribed by Chapter 12 of the City Code(Subdivision Regulations). Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is consistent with the Comprehensive Plan. The area is designated for Multiple Family Residential uses in the draft 1995 Comprehensive Plan. STAFF RECOMMENDATION Staff recommends the approval of the Conditional Use Permit, subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained, and operated under unified control. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. ACTION REQUESTED Offer Conditional Use Permit Resolution No. PC-715, A Resolution Approving a Conditional Use Permit for Two Principal Structures per Lot,with each Structure to be Three Stories in Height within the Multiple Family(R-3)Residential Zone, and move its adoption. RESOLUTION NO. PC-715 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT TWO PRINCIPAL STRUCTURES PER LOT, WITH EACH STRUCTURE TO BE THREE STORIES IN HEIGHT, WITHIN THE PROPOSED ARLINGTON RIDGE SUBDIVISION. WHEREAS,James Development Firm, applicants, and Watson Investments, Inc., owners, have filed an application dated February 13, 1995, for a Conditional Use Permit under the provisions of Chapter 11,Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.04, Subd. 6, for a Conditional Use Permit to construct two principal structures per lot, with each structure to be three stories in height,within the proposed Arlington Ridge subdivision; and WHEREAS,this parcel is presently zoned Multiple Family Residential (R-3); and WHEREAS, the property upon which the request is being made is legally described on Attachment 1, attached hereto and incorporated herein; and WHEREAS, notice was provided and on March 9, 1995, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Planning Director and invited members of the public to comment. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit No. PC-715 is hereby GRANTED, subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained,and operated under unified control. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 9th day of March, 1995. Chair of the Board of Adjustment and Appeals ATTEST: Planning Director (TERRIE\PLANCOMM\CUPARLIN.MAR) EXHIBIT A . , . . . AO • , - * * ss __41;40* . r. 4P . , ,Wir H 43' d - xi 141-- .... 4 opt , LI: i, 11111111 Ili MI -" IIII MIN Ilk, 113 • a us cr. rim ,t I I ii i ohm •,....,,-• ,___ am • — _ am 3jEno IFIN I 4.,Lit 1 Ig's I IIIIEI ! i . . , . It 1 g 2' • , • nu Ai t 4, . a 1::li • nal . .Ala am .7 gnaw • , A- ....iglit9MT. alg i . .---,---.:....:-...:_ , ._. . cant,1111 -4;::-.;-- - airn :i ACigt-T-Ai--r-:tZ am Eft 71 nimiblpilL47-4Pg , (1 .:644W ---inia 1.8 NA PA, .,f.M14..:'ll-Z:142 MB ME , nEtair 1 ENE : "mull 41 SUBJECT SITE > t'-- i;:-,,,,-,24,4% arm . En via..DIG DR NE . - *Iiitilfi-A:11'11iii Iiir i 1 t I I I I [ I Id mu, s 11 R 1 B _ R 1 B I AG ACR;CULTURE AG = RR RUP..A.' FFSID7N7tA! LOV. DENSITY RESIDENT:A_ '----1 R1 B URBAN RE-_-SIDENTIAL 71 RIC OLD SHAKOPEE RE.SID ENTAIL_ ; I R2 VEDIUM DENS 7:- RESIDENT:AL F-1 R3 MULTIPLE FAM:._Y RESIDENTIAL ' - - - • ' -------------------'-- _ . . . . . I I B1 EilHWAY BUS:NESS 1----1 82 OFFICE BUSINESS • F-1 83 CENTRAL BUSINESS • r -I 11 LIGHT INDUSTR":-..... - 1 I 12 HEAVY 1NDUSTR A.." , . . . _ - . . f I MR kI. JOR RECR:-AT,3:-.4 I. S SHORELAND 17-71 F FLOODPLAN D.STRICT . 1,____,L......... ...1.- -- ... ---- - MA:\.DATOR f F, :." - - -• - _. - Zoning Map -- L----.1 0-v‘::.R.)%\' • - - • '' _ -_ . _ • City -of SHAKOPEE - - - - . -- _ . . . .. EXHIBIT - B GENERAL CONTRACTORS FEB 1 3 1995 February 2, 1995 City of Shakopee • 129 South Holmes Street Shakopee, MN -55379 RE: Arlington Ridge Apartments Shakopee, MN RCM Project No. 10303.02 Dear Sir or Madam: We are requesting two conditional use permits: 1. Placing two building on one parcel of property:__The proposed project of two buildings will be owned by one party. If we only put one building per lot this will mean additional plats, tax statements, legal descriptions, less lot coverage, more roadway and additional expense which means higher rent costs. 2. Over 2 1/2 Stories: Economically it would be more feasible to build a three story instead of a building less than 2 1/2 stories. Once again, we try to supply the renter with the best rental rates that we can. With the cost of building today as well as the rising interest rates,it is difficult enough trying to hold rental rates down for the tenants without putting additional unnecessary costs into the project. Note: Construction time for this project will be approximately five months from the time of City approvals. Sincerely, Ralph Schmitz President RS/seb 225 N. Benton Dr., Suite#204, Sauk Rapids, MN 56.379 612-252-2528 (FAX 252-0992) • 1 1rij[ M° Jl Y1US.INNIA '!_idUMvHSIII II• ° �� EXHIBIT Cr I PROPOSED I400 ' ARLINGTON RIDGE ., ° SUBDIVISION I4, , i *. y ,t, \ s 5 0 t phi,`\ �, '',/,' \ 4 I I - = LOT 3 .: - ,3 \ \ ;; - , I 7_,_„/f/0/ �!� 4' o. . • • . _ _ .;.--2.. . ----,N, /, . ',x, e& ' ÷ -. ‘77- ' 1 ' i 51:,,,,,H,_ '4,..,4, , ,d; , t. _ . .f , tm. . , R A 7 � t :2-0F.:.;',!-,:* 1 LOT 2 - I i z �. , t MOM NOti.i$aa: . 11 ii —pig - , low - x . . 1 : " :a e' „; l;,! !1' I I I ai ^i_ a a _I I I I Iii �I Ili 4i IRi III " 01,t.al . rnu u 1 Lies s 21) • 7nu is M„ • O r � �� -T . �� ,�.O • ' lil- ; '/ )11".. c'S, 4. I k.;;•:tip::•'$Y•::::'•.' ':y^::i•'•:•ti: :yT.`•<»:% v. -"4r Inti`IE:�iiie¢ije itir>iimi..::::: / /, : :::::::::: ............. `, ,,, .. . --- / . • - .• :___., ...„. . . ..,.::.,.: • _ . „.„. EXHIBIT Di_ . . • . • _ 1 . . . . - . , . . . • . i II I I I : II ! , , . • . • • , . _____ . . :_ __ . . 1 • . ' . . . . . . . ,,,..I.,70. ,.:,...va-p=iratrolo, 1 r.tro...-1-...w.: •• • .. ; , ,w, • .1. . .'..• • i 11 I - . . . . 4,.. i m• -I . . •i , 4 ..,‘,, - I-DAMMIll 'a 4 '111 ci• ; •. . ' . f. . ' $ 4'14- ,ii:- z•awa . • 0 . . ..44..., . . • f ". '•51•)" • , . . • _ I 1C' • • . ,.,- 707.11.Ak 4.— . . t'l . . %; [-- I •./ • ,, AV:: . . _f,,7 . . • 1_ .4 • , . . . I — • , - '.---- ..... l' ii- ,7•- . . , . •• '1' , . . . • • . • • , . , iI----• ' . . — . •. . . .:,.,i4 . ._ • 1 , .,.1, •,.....- • .• , . . . i . • . 1 --- -", . . . • . ., ' ,,. ----- . . , . • .. 14 • • . i II ;''', o-Nr !6PririiioN 1-10641E.- , ell , 1 • . Lon Lore: Lor5 . . . . . , . ill 1 '''`Nillsimilll ' .44,-.: .,,,--if ..1, . , 1 , -Ir r5f%•- .I.B 7 • 9 . ;,TA•Elici. 1 .: -_-_.: . , 1 ,,,. a_ ' ,1-imml-iwli-a42?--T----_-. ---_----- • ---. ;7; IN› (0 2- —3— . . -AL- 7"‘tialeAt-1--LINPE-1-1 r.15f5. --ci 'I 1 • I i A i- i • . • i IN i j/ * i i --, 11 51.1601<---m"P- - r-E* E5 •7 • e:. 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MINNESOTA _ . • M. - ,—.......*...—...,......, k _ . _ . • . . - - - - . - • - - - - -- _ , • EXHIBIT D a 11....��' ... – Y i i V1053NNIIY '33dONVHS :......%, „T♦ 4• a l _ C ww,a„ew Opp �� �_—_ air S1N3PI1HVdV - - m _ " y 300tH NOlONl21V n 4vai i NVId 3dV'OSONYI ) r43 a W .a I r • 2 ! IS/IS 53 _ Ws s Ilii : s_ ES 3 3 jI . lel 1 CIIII:.1-717..•PH---( 3' i:fi:–.) g+t.1 A e ,.:1!.i.. I j 44, 1,iiq . s..-'; .„1-',.,,,,00000,,_:: Tefr,:.:--c:‘ \:14:-. '4.;.„7:11 .10.11114 viiprii , Nil,: ja. ,s, iiir...... ..,t. _. ,‘, rigid 110, • d • am► , C a ti, IPO ' i V 1 I '';Otiof �, ` ' i41, tcst • s , 1230 Poll;Street Shakopee.MN 55379-1351 MAR O 3 Februaiv 28, 1995 1995 Planning Commission do Terrie A Thurmer Assistant C,ity Planner City of Shakopee 129 Holmes Street South Shakopee,MN 1351 Ladies and Gentlemen: SUBJECT: Conditional Use Permit and Application for approval of preliminary plat for Arlington Ridge 1st Addition I cannot attend the Thin-slay, March 9, 1995, 7:30 p.m.meeting; therefore, I am listing the following objections to this proposal.: 1. Overcrowding 2. More crime in the area (Vandalism is high in this area already) 3. Spoils the view (We want to see as much of the natural sky line as possible--not an overcrowding of buildings or higher buildings) 4. Lowers the value of the surrounding property (My property will become less valuable and I probably won't care to reside in that area arry longer either. Had I known this when I built, I would have gone elsewhere.) 5. Will attract low income people who take more out of the commounity and contribute less. (Apply items#1, #2, #4 here also) Shakopee already has a high percentage of low-income housing. There was supposed to be a park in this area(adjacent to the west boundary of our property). What happened to that? The notice I received in the mail was misleading. It gave me the impression that on , one lot was affected with two oversized buildings. Now I find out that it is the whole area. Lam concerned that other residents may have that misleading impression also. Some of ' neighbors did not receive a notice. Sincerel T, Shirley*Dahl RECEIVED D 1222 Polk Street MAR 0 5 1995 Shakopee, MN 55379 February 28, 1995 Terrie A. Thurmer Assistant City Planner Planning Commission 129 Holmes Street South Shakopee, MN 55379 Reference: Conditional Use Permit and Application for approval of preliminary plat for Arlington Ridge 1st Addition AT this time I am not sure that I will be able to attend the meeting so I am writing my reasons for opposing the purposal. 1 . INCREASED VANDALISM A. A hedge of lilacs was bicycled down two years is a row. B. Mailboxes and posts have been dismantled. C. Old appliances have been left on boulevards. D. Children, Teens, Adults use neighborhood lawns as paths. E. Children use neighborhood driveways as bicycle mazes. F. Parking lots have been used for hockey - denting siding. G. One vandal rocked almost every house in this 2-block area. • 2. POOR UPKEEP OF LANDSCAPING AND PROPERTY A. Snowplows clearing parking lots have destroyed hedges for some residents. B. Garbage litter is common, especially beer and pop cans. C. Present code for parking and small buildings are not followed. D. Noise level is high. E. Excessive traffic. F. Toys and children are often left on sidewalks, unattended. G. One multiple has been completely unoccupied for over one year. H. Broken garage windows can be seen in the area. 3. MORE CRITICAL REASONS A. The original plan for a park in the area seems to be missing. B. Police have been needed in the area to control vandalism. C. The view of the sunset will no longer be available. D. Property values are likely to decrease. E. Overcrowding will compound all the present problems. F. Presently, there are over 30 multiple units in the area. G. It is costly for residents who feel the need to add gates, motion lights, security systems etc. when an area becomes overcrowded. H. What assurance do residents have that absentee and ineffective landlords will not prevail? I have been planning to remodel my 14-year triplex. I will now scale down my plans or may be just not remodel. I wonder how many or residents in the area have similar thoughts? How much notice ( in time ) was given to the residents on Polk Street to respond to this purposal? Is there a city ruling on this type of notice? I did not receive a notice and I know that I should have had one. I know that several of my neighbors did not get a notice. Sincerely, I ge- Sandra A. McNel l i s SIL Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner ' Preparation Date: March 27, 1995 Meeting Date: April 4, 1995 Regarding: Petition for Vacation of Remaining Alley in Block 31, Shakopee Plat INTRODUCTION The City has received a petition from Marjorie R. Henderson, representing The Stans Foundation, to vacate the remainder of the alley located within Block 31, Shakopee Plat. The City Council opened the public hearing regarding this request at their November 15, 1994, meeting, and continued the hearing to December 6, 1994, to allow the applicants to solve the access and maintenance issues regarding the private garage located on Lot 2, Block 31 (the Monnens'property). On December 6, 1994, the City Council continued the public hearing to the April 4, 1995, meeting to allow additional time for the petitioner to provide access without undue hardship for the Monnens'. DISCUSSION On March 27, 1995, City staff received the attached letter from Marjorie Henderson withdrawing her request for the vacation of the alley. Whether or not the alley is vacated has no effect upon the museum structure. However,the removal of the alley pavement, and the installation of brick pavers and landscaping which was originally proposed with the Building Permit will not be allowed to take place. ACTION REQUESTED 1. Accept the withdrawal of the vacation request from the applicant; and 2. Move to close the public hearing regarding the request to vacate the remaining Alley within Block 31, Shakopee Plat. {CTITCOU \VACALMUS.404) RECEIVED MAR 281995 March 27, 1995 Terrie A. Thurmer, Ass ' t City Planner City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re : Vacation of Remaining Alley in Block 31 , Shakopee Plat Dear Ms. Thurmer: In accordance with our telephone conversation of this date, The Stans Foundation requests that the above agenda item for Tuesday, April 4, 1995, be removed at this time. Thank you for your cooperation. \d7) ) • Mari 'ee R. Henders MRH 1 lc� MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: March 24, 1995 RE: Creation of the Economic Development Authority BACKGROUND: The City Council requested staff to prepare documents to transfer the authority of the Housing and Redevelopment Authority (HRA) to an Economic Development Authority (EDA) . Those documents have been prepared, and a public hearing advertised and scheduled to accomplish this. DISCUSSION: The attached Enabling Resolution establishes an EDA in accordance with state law. Much of the language is statutory, but the City Council does have discretion in two major areas. One, the City Council may set the size of the EDA at 3, 5, or 7 members . Of these members, one or two must be members of the City Council . (A minimum of one if the EDA has three members; a minimum of two if the EDA has 5 or 7 members. ) In accordance with Council' s present practice, the Enabling Resolution has been drafted to make the members of the EDA the members of the City Council . This will eliminate the need to annually appoint the councilmembers to the EDA, if Council wishes to continue serving in this capacity. If the Council prefers to simply designate the minimum number of councilmembers as members of the EDA, then the language in paragraph 3 of the "Enabling Resolution" section of the Resolution needs to be amended. Potential language is as follows : The EDA shall consist of a governing body of five commissioners. At least two of the commissioners shall be members of the City Council . All commissioners shall be appointed by the Mayor with the approval of the City Council . Those initially appointed shall be appointed for terms for two, three, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six year terms. A vacancy is created in the membership of the commission when a City Councilmember of the Authority ends Council membership. If the City Council desires to have three or seven members on the EDA, the language should be amended accordingly. Two, the City Council may modify the listed Limits of Powers. The first three of the listed limits are directly from the statute. The fourth was copied from Burnsville' s EDA resolution, since it seems to fit Council' s past practice. State law also allows the following limits of powers : That the EDA must not exercise any specified powers contained in Minn. Stat. Sections 469 . 001 to 469 . 047 [the HRA laws] , 469 . 090 to 469 . 108 [the EDA laws] , and 469 . 124 to 469 . 134 [the city development districts laws] without prior approval of the city council . That the EDA shall not exercise any powers without the prior approval of the city council . That, except when previously pledged by the EDA, the city council may by resolution require the EDA to transfer any portion of the reserves generated by activities of the EDA that the city council determines is not necessary for the successful operation of the EDA to the debt service fund of the city, to be used solely to reduce tax levies for bonded indebtedness of the city. That the EDA submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the city council for approval . That the EDA submit its administrative structure and management practices to the city council for approval . Any other limitation or control established by the city council in the Enabling Resolution. The City Council can amend the Limits of Powers section of the Resolution to add any of these that it desires. Some are relatively unimportant so long as the councilmembers are the members of the EDA, but may be quite important if EDA membership is not limited to councilmembers. This Resolution is drafted to go into effect on April 14, 1995 . At that time the HRA will cease to exist and the EDA will take over all its responsibilities. By state law, this Resolution must be reviewed annually by the EDA, and it must submit a report to the City Council stating whether and how the Enabling Resolution should be amended. The City Council retains the right to amend it at any time. Amendments to the Enabling Resolution must be by written resolution, after published notice 2 and a public hearing as required for the original adoption of the Enabling Resolution. In addition to the Resolution creating the EDA, a separate Resolution has been prepared dissolving the HRA. This second Resolution must be published and sent to the state Commissioner of Trade and Economic Development . ALTERNATIVES: 1 . Adopt Resolution No. 4206, a Resolution of the City of Shakopee, Minnesota, enabling the creation of an economic development authority in the City of Shakopee, Minnesota. 2 . Amend Resolution No. 4206, and then adopt it . 3 . Table Resolution No. 4206 for further information from staff . 4 . Do not adopt Resolution No. 4206 . 5 . Adopt Resolution No. 4207, a Resolution of the City of Shakopee, Minnesota, Dissolving the Housing and Redevelopment Authority In and For the City of Shakopee, Minnesota. 6 . Amend Resolution No. 4207, and then adopt it . 7 . Table Resolution No. 4207 for further information from staff . 8 . Do not adopt Resolution No. 4207 . RECOMMENDATION: 1 . Move to adopt Resolution No. 4206, a Resolution of the City of Shakopee, Minnesota, enabling the creation of an economic development authority in the City of Shakopee, Minnesota. 2 . Move to adopt Resolution No. 4207, a Resolution of the City of Shakopee, Minnesota, Dissolving the Housing and Redevelopment Authority In and For the City of Shakopee, Minnesota. [24EDA] 3 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne G DATE: March 24, 1995 RE: Creation of the Economic Development Authority BACKGROUND: The City Council requested staff to prepare documents to transfer the authority of the Housing and Redevelopment Authority (HRA) to an Economic Development Authority (EDA) . Those documents have been prepared, and a public hearing advertised and scheduled to accomplish this. DISCUSSION: The attached Enabling Resolution establishes an EDA in accordance with state law. Much of the language is statutory, but the City Council does have discretion in two major areas . One, the City Council may set the size of the EDA at 3 , 5, or 7 members . Of these members, one or two must be members of the City Council . (A minimum of one if the EDA has three members; a minimum of two if the EDA has 5 or 7 members. ) In accordance with Council' s present practice, the Enabling Resolution has been drafted to make the members of the EDA the members of the City Council . This will eliminate the need to annually appoint the councilmembers to the EDA, if Council wishes to continue serving in this capacity. If the Council prefers to simply designate the minimum number of councilmembers as members of the EDA, then the language in paragraph 3 of the "Enabling Resolution" section of the Resolution needs to be amended. Potential language is as follows : The EDA shall consist of a governing body of five commissioners. At least two of the commissioners shall be members of the City Council . All commissioners shall be appointed by the Mayor with the approval of the City Council . Those initially appointed shall be appointed for terms for two, three, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six year terms. A vacancy is created in the membership of the commission when a City Councilmember of the Authority ends Council membership. If the City Council desires to have three or seven members on the EDA, the language should be amended accordingly. Two, the City Council may modify the listed Limits of Powers . The first three of the listed limits are directly from the statute . The fourth was copied from Burnsville' s EDA resolution, since it seems to fit Council' s past practice. State law also allows the following limits of powers : That the EDA must not exercise any specified powers contained in Minn. Stat . Sections 469 . 001 to 469 . 047 [the HRA laws] , 469 . 090 to 469 . 108 [the EDA laws] , and 469 .124 to 469 . 134 [the city development districts laws] without prior approval of the city council . That the EDA shall not exercise any powers without the prior approval of the city council . That, except when previously pledged by the EDA, the city council may by resolution require the EDA to transfer any portion of the reserves generated by activities of the EDA that the city council determines is not necessary for the successful operation of the EDA to the debt service fund of the city, to be used solely to reduce tax levies for bonded indebtedness of the city. That the EDA submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the city council for approval . That the EDA submit its administrative structure and management practices to the city council for approval . Any other limitation or control established by the city council in the Enabling Resolution. The City Council can amend the Limits of Powers section of the Resolution to add any of these that it desires. Some are relatively unimportant so long as the councilmembers are the members of the EDA, but may be quite important if EDA membership is not limited to councilmembers. This Resolution is drafted to go into effect on April 14, 1995 . At that time the HRA will cease to exist and the EDA will take over all its responsibilities. By state law, this Resolution must be reviewed annually by the EDA, and it must submit a report 'to the City Council stating whether and how the Enabling Resolution should be amended. The City Council retains the right to amend it at any time. Amendments to the Enabling Resolution must be by written resolution, after published notice 2 -- I and a public hearing as required for the original adoption of the Enabling Resolution. In addition to the Resolution creating the EDA, a separate Resolution has been prepared dissolving the HRA. This second Resolution must be published and sent to the state Commissioner of Trade and Economic Development . ALTERNATIVES : 1 . Adopt Resolution No. 4206, a Resolution of the City of Shakopee, Minnesota, enabling the creation of an economic development authority in the City of Shakopee, Minnesota. 2 . Amend Resolution No. 4206, and then adopt it . 3 . Table Resolution No. 4206 for further information from staff . 4 . Do not adopt Resolution No. 4206. 5 . Adopt Resolution No. 4207, a Resolution of the City of Shakopee, Minnesota, Dissolving the Housing and Redevelopment Authority In and For the City of Shakopee, Minnesota. 6 . Amend Resolution No. 4207, and then adopt it . 7. Table Resolution No. 4207 for further information from staff. 8 . Do not adopt Resolution No. 4207. RECOMMENDATION: 1 . Move to adopt Resolution No. 4206, a Resolution of the City of Shakopee, Minnesota, enabling the creation of an economic development authority in the City of Shakopee, Minnesota. 2 . Move to adopt Resolution No. 4207, a Resolution of the City of Shakopee, Minnesota, Dissolving the Housing and Redevelopment Authority In and For the City of Shakopee, Minnesota. (24EDA] 3 • RESOLUTION NO. 4206 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, CREATING AN ECONOMIC DEVELOPMENT AUTHORITY, SETTING FORTH THE POWERS OF THE AUTHORITY, AND TRANSFERRING AUTHORITY FROM THE HOUSING AND - REDEVELOPMENT AUTHORITY TO THE ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS, the City of Shakopee presently has a Housing and Redevelopment Authority; and WHEREAS, the City believes that an Economic Development Authority would more closely meet the needs of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: Background and Findings: 1 . That the City is authorized by Minn. Stat. Chapter 469 and specifically by Sec. 469 . 091, to establish an Economic Development Authority to coordinate and administer economic development and redevelopment plans and programs in the City. 2 . That the City Council finds and determines that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interest of the health, safety, prosperity, and general welfare of the citizens of the City. 3 . That the City Council further finds and determines that the economic development and redevelopment of the City can best be accomplished by the establishment of an Economic Development Authority under Minn. Stat . Chapter 469 . 4 . That the City Council has provided public notice and conducted a public hearing on April 4, 1995, as required by Minn. Stat . Sec. 469. 093, concerning the establishing of an Economic Development Authority, at which hearing all persons desiring to express their views were heard. Enabling Resolution: 1 . The Economic Development Authority (EDA) of the City of Shakopee, Minnesota, is hereby established. The EDA is a public body corporate and politic and a political subdivision of the State of Minnesota. 2 . The EDA shall have all the powers, duties, and responsibilities set forth in Minn. Stat . Sections 469 . 090 to 469 . 1081, including all powers authorized under Minn. Stat . Sec. 469 . 091, Subd. 1, and all other applicable laws, except as limited by this Resolution. 3 . The EDA shall consist of a governing body of five commissioners, who shall be the members of the City Council . The terms of the commissioners shall coincide with their terms as members of the City Council . Limits of Powers : 1 . The following limits shall apply to the Economic Development Authority: a. The sale of all bonds or other obligations issued by the EDA shall be approved by the City Council before issuance. b. The EDA shall follow the budget process for City Departments as provided by the City and in accordance with City policies. c. All official actions of the EDA shall be consistent with the City' s comprehensive plan and official controls implementing the comprehensive plan. d. The EDA shall obtain approval of its proposed plans for development and redevelopment from the City Council . 2 . As provided in Minn. Stat. Chapter 469, it is the intention of the City Council that nothing in this Resolution nor any activities of the EDA shall be construed to impair the security of any bonds issued or contracts executed heretofore. The City Council shall not modify any limit in effect at the time any bonds or obligations are issued or contracts executed to the detriment of the holder of the bonds or obligations or any contracting party. Transfer of Authority of the Shakopee Housing and Redevelopment Authority, effective April 14 , 1995 . 1 . Pursuant to the authorization of Minn. Stat . Sec. 469 . 094, the City does by this Resolution hereby transfer to the Economic Development Authority of the City established by this Resolution, all activities, programs, projects, operations and authority of the existing Shakopee Housing and Redevelopment Authority, 2 including the transfer of the control, authority, and operation of any project as defined in Section 469 . 174, Subd. 8, or any other program or project authorized by Minn. Stat . Chapter 469, located within the City. The EDA shall accept the control, authority, and operation of all projects, programs, or activities of the Housing and Redevelopment Authority. The EDA may exercise all of the powers that the Housing and Redevelopment Authority could exercise. This transfer of authority from the Housing and Redevelopment Authority to the EDA shall be effective April 14, 1995 . 2 . The EDA shall covenant and pledge to perform the terms, conditions, and covenants of any bond indenture or other agreements executed for the security of any bonds issued by the Shakopee Housing and Redevelopment Authority. The EDA shall exercise all of the powers necessary to perform the terms, conditions, and covenants of any indenture or other agreements executed for the security of the bonds and shall become obligated on any such bonds when the project or program is transferred as provided in this Resolution. 3 . All employees, if any, of the Housing and Redevelopment Authority as of April 14, 1995, are hereby transferred to the direction, supervision and control of the EDA. The placement of any employees under the direction, supervision, or control of the EDA does not affect the rights of any employees of the previously existing Housing and Redevelopment Authority, including any rights existing under a collective bargaining agreement or fringe benefit plan. Any employees of the Housing and Redevelopment Authority shall become employees of the EDA. Implementation: 1 . The City Council shall from time to time adopt such ordinances and resolutions as are required and permitted by Minn. Stat . Chapter 469 to give full effect to this Resolution. 2 . This Enabling Resolution may be modified to make any changes, or impose different limitations on the EDA' s powers, as authorized by Minn. Stat . Chapter 469 . 3 . The appropriate City officials are authorized and directed to take the actions, and execute and deliver the documents, necessary to give full effect to this Resolution. 3 RESOLUTION NO. A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DISSOLVING THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA. WHEREAS, on February 13 , 1968, the City Council adopted Resolution No. 242, A Resolution Declaring the Need for a Housing and Redevelopment Authority in the City of Shakopee, Minnesota (hereinafter the HRA) ; and WHEREAS, on April 4, 1995, the City Council adopted Resolution No. 4206, a Resolution of the City of Shakopee, Minnesota, Creating an Economic Development Authority, Setting Forth the Powers of the Authority, and Transferring Authority from the Housing and Redevelopment Authority to the Economic Development Authority; and WHEREAS, it is the intention of the City Council that the EDA in addition to all other powers and authority granted by Minnesota Statutes Chapter 469, take over and assume all activities, programs, projects, operation, control, and authority of the HRA, such that there no longer is a need for the existence of the Housing and Redevelopment Authority; and WHEREAS, the City Council has, in accordance with Minnesota Statutes Sec. 469 . 033, Subd. 7, provided public notice and conducted a public hearing on April 4, 1995, concerning the proposed dissolution of the HRA, at which hearing all persons desiring to express their views on this subject were heard. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1 . That with the establishment of the Economic Development Authority for the City of Shakopee, and its assumption of all powers, authority, and functions of the HRA, the purpose and public need for the continuation of the Housing and Redevelopment Authority in and for the City of Shakopee no longer exists . 2 . The HRA has not entered into any existing contract with the federal government or any agency or instrumentality thereof for a loan or grant with respect to any urban redevelopment or low rent public housing project. 3 . The Hodsing and Redevelopment Authority in and for the City of Shakopee, Minnesota, is hereby dissolved. 4 . All property, records, assets, cash, or other funds held or used by the HRA shall be transferred to and become the property of the Economic Development Authority for the City of Shakopee. 5 . Upon dissolution of the HRA, all rights of the HRA against any person, firm, or corporation shall accrue to and be enforced by the EDA. 6 . This Resolution shall be published in the same manner in which ordinances are published in the City. 7 . The City Clerk shall furnish a certified copy of this Resolution to the Commissioner of Trade and Economic Development of the State of Minnesota. 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 [24EDA] s I I • 2 1e Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner - Meeting Date: April 4, 1995 Preparation Date: March 24, 1995 Re: Preliminary Plat for Arlington Ridge INTRODUCTION Ralph Schmidt of James Development firm has submitted an application for approval of the Preliminary Plat for the proposed Arlington Ridge development. A copy of the March 9, 1995, Planning Commission staff memo has been attached for your reference. DISCUSSION Conditional Use Permit The applicant is requesting approval of the Preliminary Plat in order to subdivide the 11.33 acre site into 3 lots. The applicant also requested and received approval of a Conditional Use Permit from the Board of Adjustment and Appeals in order to construct two, 3-story, multiple family structures on each of the three lots. Opposition to the approval of the Conditional Use Permits was expressed in two letters that were included in the March 9, 1995, BOAA Agenda Packets, and additional opposition was expressed in the testimony provided at the public hearing. (Please refer to the March 9, 1995, Minutes of the Board of Adjustment and Appeals.) However, the Board approved the Conditional Use Permit subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained, and operated under unified control. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. Appeal of the Decision of the Board of Adjustment and Appeals On Friday,March 17, 1995,the City received an request for an Appeal of the Decision of the Board of Adjustment and Appeals from Sandra McNellis, Gene Steinhaus, Shirley Dahl, Dave and Irma Regan, Kay Ely, and Tom Handrich. The public hearing regarding this appeal has also been scheduled for the April 4, 1995, meeting of the City Council. A copy of the staff memo regarding this appeal is included in this Agenda Packet. Please refer to this memo for additional information regarding this Appeal of the Decision of the Board of Adjustment and Appeals. Since the approval of the Conditional Use Permit, the applicant has been redesigning the site plan for Lots 1 and 2 due to market considerations. Instead of two, 24 unit apartment buildings, the applicant is proposing two, 16 unit structures on these lots. These would be two story townhome units, and 1 each unit would have a separate entrance. The new site plan proposed by the applicants does not affect the lot lines proposed within the plat. Phasing of the Project The phasing for the project has recently been determined by the developer. The applicant is proposing to begin construction on the two, 24 unit apartment buildings to be located on Lot 3 as • soon as the applicable approvals are received. Construction of the two story townhomes on Lot 2 would begin within approximately 4 to 5 months. The timing for construction on Lot 1 has not yet been determined. Staff is concerned about the traffic that would be generated on the local streets if the entire site were to be completed prior to the construction of the extension of Taylor Street(along the west edge of the plat) and Vierling Drive (along the southwest edge of the plat)which are not scheduled for construction until 1996. Staff has discussed this issue with the applicant, and recommends that Conditions 4.A and 4.B be added to the approval of the Preliminary Plat: 4. The following actions shall be completed prior to the issuance of a Certificate of Occupancy: A. A Certificate of Occupancy shall not be issued for Lot 2,Block 1 until the developer constructs the proposed private road to connect Lot 2 to 13th Avenue, or until Taylor Street is constructed and a second connection to Taylor Street is constructed. B. A Certificate of Occupancy shall not be issued for Lot 1,Block 1 until Taylor Street is constructed and connections to both 13th Avenue and Taylor Street are made. The City will not be constructing Taylor Street or Vierling Drive within this area until 1996, and the developer has informed staff that he will be petitioning the City to construct these streets. However, if a portion of Taylor Street will be constructed by the developer, this will require the approval of the Final Construction Plans by the Engineering Department prior to the approval of the Final Plat by the City Council. Recreation Space During the public hearing on March 9, 1995, some of the Commissioners expressed concern regarding the amount of recreational space available at the subject site. The developer is proposing to install four play areas for children(with swings and slides), that would be approximately 40 feet by 40 feet in size, for a total of 6,400 square feet (.14 acre) of play area. In addition, impervious surface coverage ranges between 45% to 60% for each of the lots, and the maximum allowed by ordinance is 60%. Therefore, a minimum of 40% of each lot will be available as open space for recreational uses. In addition to this on-site recreational space, the site is located within 1/4 of a mile of both Tahpah Park and Lion's Park. ALTERNATIVES 1. Approve the Preliminary Plat. 2 2. Do not approve the Preliminary Plat, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. 4. Delete this item from the April 4, 1995, City Council Agenda. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends the approval of the Preliminary Plat (Alternative No. 1), subject to conditions. STAFF RECOMMENDATION If the City Council upholds the decision of the Board of Adjustment and Appeals regarding the approval of the Conditional Use Permit, staff recommends the approval of the Preliminary Plat (Alternative No. 1), subject to conditions. If the decision of the Board is overturned by the City Council, staff recommends that no action be taken on this request, and that the City Council delete this item from the April 4, 1995, City Council Agenda(Alternative No. 2). ACTION REQUESTED If the decision of the BOAA is upheld by the City Council, offer Resolution No. 4198, A Resolution Approving the Preliminary Plat for Arlington Ridge, and move its adoption. If the decision of the BOAA is overturned by the City Council, delete this item from the April 4, 1995, City Council Agenda. {CITYCOUN\PPARLING.404} 3 E RESOLUTION NO. 4198 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR ARLINGTON RIDGE. WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat for Arlington Ridge on March 9, 1995, and has 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 Preliminary Plat for Arlington Ridge, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. Approval of the Preliminary Plat is contingent upon the following: A. The following revisions shall be made to the plat with the submittal of the request for approval of the Final Plat: 1) The alignment of the portion of Vierling Drive and the realignment of Taylor Street shall be shown on the Final Plat drawing; 2) If the 50 foot front yard setback requirement affects the design of the plat, the revisions shall be provided on the Final Plat drawing; and B. The developer shall dedicate a permanent access easement agreement to ensure access to Lot 2 from Taylor Street. This document shall be reviewed and approved by the City Attorney prior to being recorded by the Scott County Recorder's Office. 2. The following must be completed prior to the approval of the Final Plat by the City Council: A. Final construction plans for all public improvements to be completed by the developer shall be approved by the Engineering Department. 3. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 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. • a 5) Construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer shall end the construction of Taylor Street 100 feet before the southwest edge of the plat, and the City will construct this remaining portion of Taylor Street. The developer shall be responsible for their share of the assessments for Vierling Drive, as per the City's Assessment Policy. 6) The developer shall petition the City to construct the portion of the extension of Taylor Street that is not proposed to be constructed by the developer and is located adjacent to the west lot line of the plat, and Vierling Drive,which is located adjacent to the southwest lot line of the plat. 7) 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). 8) Park dedication fees shall be collected in lieu of the dedication of park land. C. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. 4. The following actions shall be completed prior to the issuance of a Certificate of Occupancy: A. A Certificate of Occupancy shall not be issued for Lot 2, Block 1 until the developer constructs the proposed private road to connect Lot 2 to 13th Avenue, or until Taylor Street is constructed and a second connection to Taylor Street is constructed. B. A Certificate of Occupancy shall not be issued for Lot 1, Block 1 until Taylor Street is constructed and connections to both 13th Avenue and Taylor Street are made. 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 (CITYCOUMPPARLING.404) . 1--fochni)en-1 z.. PROPERTY DESCRIPTION That part of the North half of the Southwest Quarter (N Y2 of SW 1) of Section 11,Township 115, Range 23, Scott County, Minnesota, described as follows: Commencing at the Northwest corner of MINNESOTA VALLEY 3RD ADDITION,also being the Southwest corner of MINNESOTA VALLEY 1ST ADDITION, according to the recorded plats thereof; thence South 1 degree 04 minutes 43 seconds East along the West line of said MINNESOTA VALLEY 3RD ADDITION,a distance of 108.11 feet; thence South 88 degrees 55 minutes 17 seconds West along the North line of said MINNESOTA VALLEY 3RD ADDITION, a distance of 130.00 feet to the point of beginning of the tract of land to be described; thence South 1 degree 04 minutes 43 seconds East along the West line of said MINNESOTA VALLEY 3RD ADDITION a distance of 380.00 feet; thence South 88 degrees 55 minutes 17 seconds West along the North line of said MINNESOTA VALLEY 3RD ADDITION,a distance of 245.00 feet; thence South 25 degrees 25 minutes 17 seconds West along the Westerly line of said MINNESOTA VALLEY 3RD ADDITION, a distance of 380.00 feet; thence South 26 degrees 04 minutes 43 seconds East along the Westerly line of said MINNESOTA VALLEY 3RD ADDITION,a distance of 204.23 feet to the South line of said North half of the Southwest Quarter; thence South 86 degrees 56 minutes 16 seconds West along said South line of the North half of the Southwest Quarter, a distance of 724.91 feet; thence North 0 degree 08 minutes 24 seconds West, a distance of 266.52 feet to the intersection with the Southwesterly extension of the Southeasterly line of VALLEY MALL FIRST ADDITION, according to the recorded plat thereof; thence North 38 degrees 30 minutes 05 seconds East along said Southwesterly extension and the Southeasterly line of VALLEY MALL FIRST ADDITION, a distance of 1008.70 feet; thence South 51 degrees 29 minutes 55 seconds East, a distance of 60.00 feet; thence South 42 degrees 09 minutes 03 seconds East, a distance of 120.63 feet; thence North 38 degrees 30 minutes 05 seconds East a distance of 85.00 feet; thence North 88 degrees 55 minutes 17 seconds East a distance of 226.00 feet; thence South 1 degree 04 minutes 43 seconds East a distance of 50.00 feet to the point of beginning. EXCEPT: That part lying South and West of a straight line drawn between a point on the South line of the North Half of Southwest Quarter of Section 11,T115,R23, distant 400 feet East of the intersection of said Southline with the West line of East half of Southwest quarter of Section 11,T115,R23,and a point on said West line distant 600 feet North of said intersection. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: March 9, 1995 Re: Preliminary Plat for Arlington Ridge SITE INFORMATION Applicant: James Development Firm, Sauk Rapids, MN 56379 Location: Western End of 13th Avenue Current Zoning: Multiple Family Residential (R-3)(See Exhibit A) Adjacent Zoning: North:Highway Business (B-1)and Old Shakopee Residential (R1-C) South: Urban Residential (R-1B) East: Multiple Family Residential (R-3) West: Highway Business (B-1) Comp.Plan: 1980: Multiple Family Residential Draft 1994-5: Multiple Family Residential Area: 11.33 Acres MUSA: The site is within the MUSA and can be served by municipal ici al utilities P INTRODUCTION Ralph Schmidt of James Development firm has submitted an application for approval of the Preliminary Plat for the proposed Arlington Ridge development. The subject site is located in the western portion of the City of Shakopee, at the west end of the existing 13th Avenue (previously named Vierling Drive). BACKGROUND The subject site is unplatted land. The applicant requested approval of the Preliminary Plat in order to subdivide the 11.33 acre site into 3 lots. The applicant is also requesting the approval of a Conditional Use Permit from the Board of Adjustment and Appeals in order to construct two, 3-story multiple family structures on each of the three lots. Please refer to your March 9, 1995, Board of Adjustment and Appeals Agenda Packets for additional background information regarding the Conditional Use Permit request. CONSIDERATIONS 1. The developer is proposing to plat 3 lots on 11.33 acres. Each of the three lots meets the minimum lot size required within the Multiple Family Residential Zone of one acre. Lot 1 is proposed to be approximately 3.04 acres in size; Lot 2 is proposed to be approximately 3.02 acres in size; and Lot 3 is proposed to be approximately 2.98 acres in size. 2. The draft 1995 Comprehensive Plan has designated this area for Multiple Family Residential development. This land use category allows detached housing at densities of approximately 10 units per acre. The applicant is proposing a density of 12.71 units per acre. The proposed plat is in compliance with the draft 1995 Comprehensive Plan. 3. The subject site is within the Multiple Family Residential Zone. Within this Zone, the minimum front yard setback is 50 feet. However, the applicant has shown a portion of a 12- stall garage within this setback on Sheet No. 5. The applicant has been informed that the 50 foot setback requirement applies to accessory structures as well as principal structures, and a condition has been recommended requiring the applicant to revise the plat drawing if this setback requirement affects the design of their plat. 4. The developer is intending to dedicate a ten foot wide drainage and utility easement along the perimeter of each of the lots, and a 20 foot wide utility easement beneath portions of the proposed private roadway and parking areas. They are also proposing to dedicate two drainage easements to allow for stormwater management ponding. In addition to these drainage and utility easements, a permanent access easement needs to be dedicated and recorded to ensure access to Lot 2 from Taylor Street. Staff has recommended a condition requiring the document to be reviewed and approved by the City Attorney prior to being recorded by the Scott County Recorder's Office. 5. The Engineering Department has commented that supplemental information was still needed to provide a thorough review of the Stormwater Management Plan. The applicant has been informed that this information should be submitted with the Final Plat. 6. City staff has recently determined the alignment for the portion of Vierling Drive near the Arlington Ridge Plat, and construction by the City is anticipated in 1996. The construction of Vierling Drive is necessary adjacent to this plat to avoid making Taylor Street an over- length cul-de-sac. The applicant has been informed of the alignment for Vierling Drive and the revisions required on the plat. The alignment runs along the southwest edge of the plat, and then curves to the east. This alignment will require a small right-of-way dedication adjacent to Pond No. 1 (in the southeast portion of Lot 1), as well as a slight realignment of the west end of Taylor Street. This small portion of the site will be incorporated into Lot 1. (See Exhibit B.) The revisions to the right-of-way do not appear to conflict with the building locations, or the setback requirements. However, the applicant will need to revise the shape of Pond No. 1 slightly. These right-of-way revisions are included as recommended conditions for the approval of the Preliminary Plat and must be shown on the Final Plat drawing. 7. The developer has submitted an Application for a Wetland Regulation Permit for the Wetland Conservation Act of 1991. The applicant has informed City staff that there are no wetlands on the site. However, either a wetland delineation, or a written statement from a certified 2 wetland delineator that there are no wetlands on the site must be submitted before the City can issue a Certificate of Exemption to the Wetland Conservation Act of 1991. A Certificate of Exemption is required prior to the approval of the Final Plat by the City Council. 8. As of the writing of this staff memo, there have been no comments provided from Shakopee Public Utilities(SPUC). If comments that will affect the design of the plat are received prior to the public hearing, they will be provided at the meeting, along with any recommended conditions that may be required. 9. This area is not identified as a future park site in the City's draft Comprehensive Plan. Therefore, staff is recommending that a park dedication fee be collected in lieu of land dedication. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the approval of the Final Plat by the City Council. Using the assessed value from the Scott County Assessor's Office, the Park Dedication Requirement would be$3,800.00($ 1,267.00 per lot/$26.40 per unit). Based on these low calculations,the City Council may wish to authorize the hiring of an appraiser to perform an appraisal of the parcels within this phase. 10. There are no special assessments against this property. STAFF RECOMMENDATION Staff recommends approval of the Preliminary Plat for Arlington Ridge, subject to the following conditions: 1. Approval of the Preliminary Plat is contingent upon the following: A. The following revisions shall be made to the plat with the submittal of the request for approval of the Final Plat: 1) The alignment of the portion of Vierling Drive and the realignment of Taylor Street shall be shown on the Final Plat drawing; 2) If the 50 foot front yard setback requirement affects the design of the plat, the revisions shall be provided on the Final Plat drawing; and B. The developer shall dedicate a permanent access easement agreement to ensure access to Lot 2 from Taylor Street. This document shall be reviewed and approved by the . City Attorney prior to being recorded by the Scott County Recorder's Office. C. Either a wetland delineation, or a written statement from a certified wetland delineator that there are no wetlands on the site, must be submitted to the City. Approval of the Preliminary Plat is contingent upon the applicant receiving a Certificate of Exemption to the Wetland Conservation Act of 1991 prior to approval of the Final Plat by the City Council. 3 2. The following must be completed prior to the approval of the Final Plat by the City Council: A. Final construction plans for all public improvements shall be approved by the Engineering Department. 3. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer shall end the construction of Taylor Street 100 feet before the southwest edge of the plat, and the City will construct this remaining portion of Taylor Street. The developer shall be responsible for their share of the assessments for Vierling Drive, as per the City's Assessment Policy. 6) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign (2 signs x $250= $500). 7) Park dedication fees shall be collected in lieu of the dedication of park land. C. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the Preliminary Plat for Arlington Ridge, and move its approval. (TERRIEIPLANCOMM\PPARLING.MAR) 4 EXHIBIT A P c-• 001%4, ) 1 ®®® O*'r d AI b i , LI 1 • `� m ..-a " I v...,.� __ a I . -M - 1 Mki A is '�' ' '_ o ' , `I a a (Fz3 a • Arms elm rma 7 �aptp • -- _® to IN W....3.• III/ in :�1Q -4" w A t SUBJECT SITE > ®'•�'f� �� all m 111'4" —=- . r--.a i, . / __:::_.._ a; _� , inn u�i, ..,... . • t: R1B R1 i 1 AG AGRICULTURE AG RR PUPAL RES!D=N;-!AL - I 1 R1A LOW 4 ;; :L SITY RESIDL I I R1 B URBAESIDENTIAL RIC OLD SKOPEE [ I R3 MULTIPLE FAMILY RESIDENTLAL ' - - l I 81 HIGHWAY BUSINESS I I 82 OFFICE BUSINESS l I B3 CENTRAL BUSINESS • [ I 11 LIGHT INDUSTRIAL l 1 12 HEAVY INDUSTRIAL - [ 1 MR MAJOR RECREATION - . I S SHORELAND - -- • e.1 F - FLOODPLAlti. D.STRICT - MANDATOR POD - Zoning Map _ - MINING OVERLAY - - -.t.. City of SHAKOPEE .. N - r _ - . ° ;XHIBIT D_ • 20 oo z?),` \ —. '. -C.4v--1/4...4. 'Use, X 2 rs,.,' ,, s,,//1-: - i ?,9�f�o.. 4, . , 4, T o,.., -,/ ��� 30.001 , ,,,,:-.?' CITY OF SHAKOPEE ,lh ° __ • ___ __ , • 129 HOLMES ST. SOUTH .� °ti 21.13 `, SHAKOPEE; MN 55379 . . •/ ,/„F'• (UNPLATTED) (ISi"ING UTILITY EASEMENT / !• •Q's :CORDING 0 '6 UMENT (4.,-)•. 154830 R\ / t' .•/ ^o'o} p, ,ti •,50 • .\ ,./ ••• `. 10.061 - 37.29 ---' \.` a025 �, `\` `�. t� N 12'25'37- W- \ ` \ • U , _,, ,t1 , t 14.38 ,�. '^ • S 44'54'29” W �: _ `..• 9.50 . _ . .N 52'56'10" W i „y AREA 131,738 SQ.FT. 20.00 FT. WIDE 1 i �`.�'N .'-. .3.02 ACRES • ; `\ -:`�' " UTILITY EASEMENT i 4,` • �. ; n�•i i / ,ycb A,N 29.40 •?9ss1 N .• - . i o°� <� ,Q, c, S 44'54'29" W. N\ .` ' p� ` . 1 - Co � �`.``• • `.`. / 'TA, �, _ • ��� ,� AREA = 132,490 SQ FT % • i' `' \\ • = 3.04 ACRES 1. • ► . Q rZ ‘ S6J, ,` Sos, ts � �P . - • 0)i ` ss� ' 56.•8 ;\`r ' ? 11 0 ` %.>-__ • Ss `0 s', .y)• t,' "P oil. �3 f�'I 32.77-- \ 9.85 -'-- o . 43 . S. . \ . 0/ o, ,2 3.19 e4Q,�� o 115.38 ao 13 :,� A= 10'10'36" i,p / . '' �j �,�• DRAEAS' AGE � DENT 60.42 S 86'5611' W •.. DAVIES PROPERTIES . 927 LEWIS. ST.. SOUTH - • - :- - - SHAKOPEE,: MN 55379 . _(UNPLATTED) . 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Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Illegal Tobacco Sales DATE: 03 29 95 INTRODUCTION: The Minnesota River Valley Tobacco Control Coalition has reported five illegal sales of cigarettes to minors by local retailers of tobacco products. BACKGROUND: Last fall, the Police Department was approached by Minnesota River Valley Tobacco Control Coalition (Minnesota ASSIST) and asked to participate in enforcement of laws pertaining to the sale of tobacco to people under the age of 18 . The department declined to participate in unannounced "sting" type operations but agreed to help ASSIST educate tobacco retailers and deal with illegal sales as license violations. On 02 16 95, Julie Woodruff, a representative of ASSIST and I visited every licensed retail tobacco outlet in Shakopee except Northstar Auto Auction and Anchor Glass who are not open to the general public and Raceway Park, Valleyfair and Stonebrooke Golf Club who were closed for the season. At each location, we explained the project to the person in charge at the time and gave that individual a letter explaining ASSIST and their project (copy attached) , a copy of the law as it pertains to vending machines (attached) and material to train their employees. In most cases, the party was advised that their vending machine did not comply with the law. They were also told that their establishments would be checked for compliance twice in the next year by someone from ASSIST. ASSIST began compliance checks earlier this month. Of the first 12 establishments checked, they report a minor was able to purchase tobacco from vending machines at the VFW Club, Dangerfield's and the American Legion. Over the counter purchases were made at K- Mart and Brook's Superette at 1147 Canterbury Road. No purchases were made at Valley Liquor, Tom Thumb, Robert's Drug, County Market, Holiday Oil, Brook' s Superette at 615 Marschall Road or Total Mart. ASSIST has notified each of these establishments of the results of the compliance check. Section 6.03, Subdivision 5 the the City Code reads "The Council may, for any reasonable cause, refuse to grant any application or revoke any license. No license shall be granted to a person of questionable character or business reputation. Before revocation or suspension of any license, the Council shall give notice to the licensee and grant such licensee an opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. " ALTERNATIVES: 1. Warn violators that subsequent violations will result in criminal charges, actions against licenses or both. 2. Schedule hearings to deal with license violations by suspension or revocation of license. 3 . Refer violations to criminal court. 4. Maintain a file of reported violations to consider at license renewal time. RECOMMENDATION: Alternative #1. Enforcement of laws relating to the sale of tobacco to minors is not something local tobacco retailers have been exposed to. In February, it was obvious that some licensees were not taking our attempt to educate and warn them seriously. A second, stronger warning from Council that failure to comply with the law will result in criminal charges, action against licenses or both should bring most licensees into compliance and eliminate the need to hold a dozen or more hearings. ACTION RECOMMENDED: Direct the appropriate City Officials to notify in writing those licensees who sell tobacco products to minors during the first round of compliance checks that subsequent violations will result in criminal charges, action against licenses or both. City of Shakopee 4N-47=111-e- //Ads ''0411 �� , POLICE DEPARTMENT :' 1 ; `� 1 /s�0c`� 476 South Gorman Street A�• 1�• ,'• SHAKOPEE,MINNESOTA 55379 NV�l�` • Q OLIO Tel.612/445-6666 f 4 ,I� , AKOP 4-7,1140 I ' P it Fax.612/445-2313 5A << EE ig NESO • Dear Licensed Tobacco Vendor: Although most people object to illegal sales of tobacco products to minors, children still buy cigarettes and smoke. The Shakopee Police Department is working with Minnesota ASSIST to address the problem of illegal sales of tobacco products to underage people in our community. Minnesota ASSIST is a shared project of the Minnesota Department of Health, the Minnesota Division of the American Cancer Society and the communities of Minnesota. One of the goals of ASSIST is to reduce the availability of tobacco to children. First, educational efforts currently focused on children in school will being expanded to include licensed tobacco vendors. During this phase of the project, the Police Department will provide you with material with which to educate your employees. During phase II , compliance checks will be conducted to identify establishments which supply tobacco to children. You will be checked twice during the next year by representatives of Minnesota ASSIST. The people doing the checks will be between fourteen and eighteen years old. They will not use false identification, try to look older than they are or otherwise try to deceive you. They will act like teenagers trying to buy cigarettes. Violations will be reported to the Police Department. Illegal sales could cause action to be taken against your tobacco license. The City of Shakopee wants tobacco vendors to obey the law and reduce the number of illegal tobacco sales which occur in our city. The Police Department will work with you to achieve these goals. If you have any questions, please call us. Cordially, 7 i4 .,,,, /7"-----'4=f-iiLVIe/6-_, „._____eZ C- '140- -e--00 Tom Steininger Julie Woodruff Chief of Police `�` Mn ASSIST To Serve To Protect 48 ❖ Community Action Book: Appendix B 325E.07. Cigarette vending machines, notice relating to sales Subdivision 1. In a conspicuous place on each cigarette vending machine in use within the state,there shall be posted,and kept in easily legible form and repair,by the owner,lessee,or person having control thereof,a warning to persons under 18 years of age which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall read as follows: "Any Person Under 18 Years of Age is Forbidden By Law To Purchase Cigarettes From This Machine." Subd.2. Any owner,any lessee,and any person having control of any cigarette vending machine which does not bear the warning required by this section shall be guilty of a misdemeanor. 325E.075. Sale of tobacco by vending machine Subdivision 1. Definition. For purposes of this section, "tobacco"has the meaning given the term in section 609.685. Subd.2. Prohibition. Tobacco may be offered for sale or sold in this state by or from a vending machine or appliance or any other medium,device,or object,designated or used for vending purposes only in the following locations: (1)in an area within a factory,business,office,or other place not open to the general public or to which persons under 18 years of age are not generally permitted access; (2)in an on-sale alcoholic beverage establishment or an off-sale liquor store,if: (i)the tobacco vending machine is located within the immediate vicinity,plain view and control of a responsible employee,so that all tobacco purchases will be readily observable by that employee; (ii)the tobacco vendingmachine is not located in a coatroom,restroom,unmonitored hallway,outer waiting area,or similar unmonitored area;and (iii)the tobacco vending machine is inaccessible to the public when the establishment is closed. (3)in other establishments,upon the following conditions: (i)it must be located within the immediate vicinity,plain view and control of a responsible employee,so that all tobacco purchases will be readily observable by that employee;it must not be located in a coatroom,restroom,unmonitored hallway,outer waiting area,or similar unmonitored area;and it must be inaccessible to the public when the establishment is closed;and (ii)it must be operable only by activation of an electronic switch operated by an employee of the establishment before each sale,or by insertion of tokens provided by an employee of the establishment before each sale. Subd.3. Local regulation. The governing body of a local unit of government may adopt rules or ordinances relating to vending machine sale of tobacco that are more restrictive than the restrictions imposed by this section. # /3 a TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Illegal Tobacco Sales DATE: 04 04 95 INTRODUCTION: The Minnesota River Valley Tobacco Control Coalition (MN ASSIST) has reported five additional cases of illegal sales of cigarettes to minors by local retailers of tobacco products. BACKGROUND: Since the memo to Council dated 03 29 95 regarding this subject, MN ASSIST has reported seven additional violations: 1. Arnies - vending machine, 2. Cy's Amoco - over the counter, 3 . Jerry's Bar - vending machine, 4 . Turtle's - vending machine, 5. Tom Thumb - over the counter, 6. Brook's (Co 83) - over the counter, 2nd violation, 7. Dangerfield's - over the counter, 2nd violation. This information is supplied as an addendum to the previous memo to Council. PISENT TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Portable Radios DATE: 03 28 95 INTRODUCTION: Council authorization is needed to purchase portable radios. BACKGROUND: Last year, Council approved funds for the purchase of 6 portable radios in the Police Department Budget. The radios being replaced are Motorola HT440 's which were purchased in 1985. These radios are nearing the end of their useful life and frequently fail to operate. They are also obsolete because they do not scan and an officer using one of them can monitor only one channel at a time. The way the Scott County radio system operates, on officer should be able to monitor a minimum of three channels simultaneously. The department is requesting authorization from Council to purchase 6 Motorola HT1000 portable radios at a cost of $1, 058 each. Adequate funds exist in the Police Budget for this purchase. ALTERNATIVES: 1. Authorize purchase of six Motorola HT1000 portable radios. 2 . Do not authorize purchase of radios. ACTION REQUESTED: Authorize appropriate city officials to purchase six Motorola HT1000 Portable Radios at a cost not to exceed $1, 058 per unit plus tax. ,ENtur / TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus Property DATE: March 28, 1995 Introduction Council action is needed to declare property surplus in order to sell unneeded items. Background The City has two old multiplexors (data communications device) that are no longer needed. A potential buyer has been identified. Action Requested Move to declare two multiplexors surplus property to be disposed of in accordance with the City Code. v I 11I-- lid MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Set-Up Licenses DATE: March 24, 1995 INTRODUCTION AND BACKGROUND: Shakopee Ballroom & Banquet Center, Inc . , 2400 East Fourth Avenue and Fraternal Order of Eagles #4120, 220 West 2nd Avenue wish to renew their se-up licenses . Taxes are current and SPUC bills are current, as required by the City Code . There is no insurance requirements for a set-up license. RECOMMENDED ACTION: Approve the applications and grant a Consumption and Display (Set- up) License to Shakopee Ballroom & Banquet Center, Inc. , 2400 East Fourth Avenue and Fraternal Order of Eagles #4120, 220 West 2nd Avenue. 1�.J MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 6,2"i SUBJECT: CSAH 16 Reconstruction from CSAH 17 to C.R. 83 - Drainage Study DATE: April 4, 1995 INTRODUCTION: The County and City are working on the design of improvements for the reconstruction of County State Aid Highway (CSAH) 16. During the design phase, it has been discovered that additional work is necessary to complete the improvements. A drainage study is needed on the east end to determine where the ultimate storm water outlet should be in the Canterbury South drainage area. BACKGROUND: City and County staff have been working on providing a storm water pond on the east end of the CSAH 16 Project to treat 21.4 acres of drainage area. The County highway drainage area is approximately 4.6 acres with the City having the remainder. The County has proposed a pond on the R.A.L.F. property east of SPUC #6 wellhouse. This pond is located between a large watermain and major gasmain. The City is fee title only of this parcel as part of the R.A.L.F. property acquisition for the Shakopee Bypass. The pond will be collecting water and outletting to a low area in the Valley Green Industrial Park. This low area is supposed to be filled in as part of a plat condition for Canterbury Park 2nd Addition. Jon Albinson of Valley Green is concerned that when he has to fill this area, his company may incur additional costs to -route the storm water to the designated downstream facility. Attached is a drainage map showing the drainage area in this area from the City's Stormwater Management Plan. The plan shows delineated drainage areas and general drainage patterns. This particular area is very flat and it is unknown at this time where the water should be directed. A meeting was held between the County, City and Valley Green to discuss this problem. From the meeting it was concluded that a drainage study is necessary to determine the most cost effective alternative for an outlet. Without this study, Valley Green will be hesitant in providing any easement and may object to any drainage being placed on their property. The City will need to know eventually how the drainage will be routed to either the Mill Pond District or the Blue Lake District. A proposal from Pete Willenbring has been attached which outlines the work plan and costs. The cost is estimated not to exceed $6,000.00 and will determine the most cost effective outlet for the Canterbury South area. The cost split for this study was verbally agreed upon by the County, Valley Green Business Park and the City as follows: 1. County $1,000.00 2. Valley Green Business Park $2,000.00 3. City $3,000.00 Staff feels this cost split is fair and equitable based on the drainage areas involved for each party. ALERNATIVES: 1. Move to authorize the appropriate City officials to execute a consultant contract with On- Schelen-Mayeron & Assoc. (OSM) for a drainage study in the Canterbury South area in an amount not-to-exceed $6,000.00. 2. Do not approve a consultant contract. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as this study is necessary to determine the ultimate drainage route in the Canterbury South area and is necessary to complete plans for the CSAH 16 construction project. City participation cost will be paid out of the Storm Drainage Fund. ACTION REQUESTED: Move to authorize the appropriate City officials to execute a consultant contract with On- Schelen-Mayeron & Assoc., Inc. for a drainage study in the Canterbury South drainage area in an amount not-to-exceed of$6,000.00. BL/pmp DRAINAGE Orr Schelen Mayeron& March 29, 1995 SIMA Associates,Inc. 300 Park Place EaC/ra, 5775 Wayza •ule-Vaida Oo Minneapol' 55416-122P� w,_ 612-0-75 ? 0 '�V y�� j� 1-800-75iti ��'5 �7 �Q FAX 595- .4 Laos Mr. Bruce Loney CS Engine n7 cts Director of Public Works pla>�ler City of Shakopee Sut$ey 129 South Holmes Shakopee, MN 55379 Re: Study to determine the most cost effective feasible alternative to provide an outlet from the Canterbury South drainage area. OSM Project No. 1775.86 Dear Bruce: To follow-up our telephone conversation on Tuesday, March 28, please consider this letter as a formal proposal and workplan to complete a study to determine the best alternative for constructing a positive outlet from the above referenced area. As you are aware, based on concerns expressed by Scott County as well as John Albinson, there is a an immediate need to identify the best way to provide a defined municipal drainage system that could carry water from this area. Our work plan consists of the following tasks: 1. Collect background information for the study area. This includes collecting 2 foot topographic information for the area along with any utility or hydraulic structure information in or near this depression. This effort will also include contacts with John Albinson and Scott County to obtain any background information they may have. 2. Complete preliminary feasibility analysis to identify alternatives available to provide an outlet from this area. For each of the alternatives identified, an estimated cost to construct the alternative will be prepared. 3. Develop preliminary recommendations concerning the most cost effective feasible alternative for an outlet. 4. Prepare memorandum outlining the purpose of the study, potential improvement alternatives that are available, and a discussion of the recommended alternative. 8 hours of meeting time has also been allocated for this effort. We estimate the cost to complete this preliminary study at $6000. We estimate this study could be completed within 4 weeks from the date of Notice to Proceed. Equal Opportunity Employer Mr. Bruce Loney City of Shakopee, MN March 29, 1995 Page 2 We anticipate any contract items that would be associated with this work effort would be consistent with the contract the City has had with OSM over the past 3 years. If you have any questions concerning this information, please do not hesitate to contact me at 595-5767. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Peter R. Willenbring, P.E. Manager, Water Resource Department c: Bret Weiss, OSM Todd Hubmer, OSM Floyd Howard, OSM H:\LASTWR\BTF\WATER\PRW\LETTERS\950329.BL i 1 . 11 31un0rw i i I R - 4Ligly )IaNd 0"l' A3l1vnill / , r— J 4/1 .4. / i Q W m a6i .-.- _.-, iiW _ts V Y 4 Q Q E - 1.1 J 1.I\ Z LJ e CO El) cc- /'� tib Q {� I I H1f105 �� �J Q J •aIo usnamCO g� ?� o ' - 1 labN ,:4 ' O w m9 Vi Q N2Y Q çicitat >__ z lb 4., r: 2 cD . • W H LL CZ II 1 ZCL ► (...) 41°' i . riciiii li 11111 °7 slo' 11 ' 00 (1= :ls a _ j a e1, ffW a. a 1.. 4 I11: S CO1\ISENT ) ).6tf . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Ass't City Administrator RE: Civic Center-Authorization to Bid DATE: March 31, 1995 INTRODUCTION: In an effort to expedite the Shakopee Civic Center Project, staff is requesting authorization to bid all of the project components. BACKGROUND: The City selected to utilize the construction management process on the Shakopee Civic Center Project. The concept behind utilizing the construction management process is that it provides a method to breakdown the various project components into smaller bid packages. This typically allows for smaller size contractors to bid on the project. Increasing the number of bidders generally provides for lower project costs. Attached is a correspondence from Kevin O'Brien, Greystone Construction requesting City Council to authorize the appropriate City officials to proceed with the various bid packages associated with this project. Upon receipt of the bids for each of these bid packages, it will be necessary to obtain City Council approval to award the bid packages accordingly. ALTERNATIVES: 1. Authorize the appropriate City officials to advertise for the various bid packages necessary to complete the Shakopee Civic Center Project. 2. Do not approve authorization to advertise for the various bid packages associated with the Shakopee Civic Center Project. 3. Approve each bid package independently as deemed appropriate. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to advertise for the various bid packages necessary to complete the Shakopee Civic Center Project. kidilr4Y a I CONSTRUCTION COMPANY March 31 , 1995 Mr. Barry Stock City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Re: Shakopee Civic Center Advertisement For Bids Dear Barry: Enclosed is a list of bid packages for the above referenced project . Please submit bid packages 3 through 18 for council approval to advertise for bids . We do anticipate a need for additional bid packages once the project scope is finalized . Sincerely, Kevin W. O'Brien cc: Paul Dahlberg Jeff Hensel KWO/sb 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 SHAKOPEE CIVIC CENTER BID PACKAGE LIST ( PARTIAL LIST ) Advertisements for bids - (Previously approved) Bid Package No . 1 - Structural Precast Steel Bid Package No . 2 - Structural Steel & Metal Deck Request for approval of additional advertisement for bids : Bid Package No. 3 - Site Work Bid Package No . 4 - Concrete and Masonry Bid Package No. 5 - Carpentry/Doors & Hardware/Misc. Special ties Bid Package No. 6 - Roofing Bid Package No . 7 - Caulking Bid Package No. 8 - Aluminum Entries & Glazing Bid Package No . 9 - Misc. Metals Bid Package No . 10 - Special Doors Bid Package No. 11 - Painting and Staining Bid Package No . 12 - Flooring Bid Package No. 13 - Acoustical Ceilings Bid Package No . 14 - Ice Arena Specialties Bid Package No. 15 - Refrigeration and Rink Floor Bid Package No. 16 - Elevator Bid Package No . 17 - Mechanical System Bid Package No. 18 - Electrical SENT MEMORANDUM13%. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne 4 DATE: March 30, 1995 RE: Murphy' s Landing Sublease BACKGROUND: Last November the City Council authorized entering into a Recognition and Non-Disturbance Agreement with Paper Warehouse regarding a proposed Halloween celebration to be held at Murphy' s Landing. Since Murphy' s Landing' s lease with the City is only for three years, Paper Warehouse requested a separate agreement with the City allowing them to remain at the Murphy' s Landing location through November 15, 2000, even if Murphy' s Landing should cease to operate. Paper Warehouse is owned by two people. One of them has now entered into a new corporation with another person who has greater financial resources as well as experience in the entertainment industry. They have created a new corporation for the Halloween celebration, which corporation is called Spookyland, Inc. , and does business as Spookyworld. They have asked that the Recognition and Non-Disturbance Agreement be revised to reflect the new ownership. In checking into the status of the existing contract, we learned that it was never executed. Therefore, the original document simply has been revised to change the parties. Shirley Olson of Murphy' s Landing has requested this change . She also mentioned that their sublease with Paper World has been amended to reflect the new owners . In recognition that their sublease might be amended in ways which could be harmful to the City, a new paragraph has been added to require notification to the City of any amendments. If the City' s interests are substantially impaired, the City is given authority to declare the sublease amendment a breach of the lease with the City. The revised contract has been sent by facsimile to Ms. Olson. If she has any comments, they will be provided on the table at the City Council meeting. ALTERNATIVES : 1 . Authorize entering into the agreement, as revised. 2 . Amend the agreement, then approve it . 3 . Decline to amend the agreement. RECOMMENDED ACTION: Move to authorize the appropriate City officials to enter into the Recognition and Non-Disturbance Agreement . [3 OMEMO] 2 RECOGNITION AND NON-DISTURBANCE AGREEMENT This Agreement, made and entered into as of the day of , 1995, by and between the City of Shakopee (hereinafter referred to as the "lessor under the Primary Lease" or the "Primary Lessor" ) , Minnesota Valley Restoration Project, Inc. , d/b/a Historic Murphy' s Landing (hereinafter referred to as the "lessee under the Primary Lease" or the "Landlord") and Spookyland, Inc . , a Minnesota corporation, d.b.a. Spookyworld (hereinafter referred to as the "Tenant under the Sublease" or the "Tenant") . WHEREAS, the Primary Lessor has entered into that certain lease with the lessee under the Primary Lease dated March 18, 1994, and all amendments, modifications and supplements thereto (hereinafter referred to as the "Primary Lease") for the Premises described in the attached Exhibit A (hereinafter referred to as the "demised premises under the Primary Lease") ; and WHEREAS, Landlord has subleased to Tenant a portion of the demised premises under the Primary Lease (hereinafter referred to as the "Demised Premises") pursuant to the terms of that certain Sublease Agreement dated , 1995 (hereinafter referred to as the "Sublease" ) ; and WHEREAS, the Tenant under the Sublease will make a substantial investment in the improvement of the Demised Premises; and WHEREAS, the parties have agreed to allow for the Tenant under the Sublease to remain on the Demised Premises for a period beyond the term of the Primary Lease in the event of its termination or non-renewal prior to November 15, 2000 . NOW, THEREFORE, in consideration of mutual rights, responsibilities, and covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows, to wit : 1. The Primary Lessee hereby consents to and recognizes the validity of the Sublease Agreement and agrees not to disturb the tenancy of the Tenant thereunder as long as the Tenant pays its rent and otherwise is not in default of the Sublease. 2 . Notwithstanding paragraph 7 of the Primary Lease, in the event of default by the lessee under the Primary Lease, or in the event the Primary Lease is terminated or not extended for any reason, the Primary Lessor hereby agrees that it shall continue to recognize the Sublease as a direct lease between the Primary Lessor and the Tenant and that the Tenant' s use, possession and enjoyment of the Demised Premises shall not be interfered with for a period of twenty-five (2 5) years from the date hereof, so long as no default exists under the Sublease. However, nothing in this paragraph shall be construed to limit the right of a Landlord under Article 8 of the Sublease. 3 . Further, the Primary Lessor agrees that for a period of two (2) years following the termination of the Sublease that the Demised Premises will not be used for the purpose of a Halloween themed event as conducted by the Tenant on the Demised Premises. 4 . In the event that the Primary Lessor becomes the Landlord in the Sublease, the Sublease will be amended as follows : a. The first paragraph in Article 2 shall be revised to read as follows: "TO HAVE AND TO HOLD the same for Tenant' s exclusive use commencing the last full weekend in September of each year and during the month of October for a term of twenty-five (25) years commencing at 1 :00 a.m. on Saturday, September 23 , 1995, and at 1 : 00 a.m. on the Saturday of the last full weekend in September in each year thereafter during the term hereof, subject to the provisions governing early termination contained in Article 8 . " b. The following paragraph will be added to Article 6 : "Tenant shall submit to Landlord, not less than thirty (30) days prior to opening for business on the Demised Premises each year, a safety plan which will include Tenant' s provisions for fire, flame retardant, security, and first aid. Such plan must be approved by the Landlord prior to the Tenant opening for business each year, which approval shall not be unreasonably withheld. " c. In Article 8, after the term "right" , the phrase "for any reason" shall be inserted. d. In Article 9, the following language shall be added: "For utilities being used by and billed to Landlord, Landlord shall pay the utility and then bill Tenant for services provided to Tenant . For other services, Tenant shall pay all costs directly to the provider of said services. In the event 2 Tenant shall fail to pay its bill to a service provider under this paragraph, Landlord may pay such bill, and Tenant shall promptly reimburse Landlord for such payment. Tenant shall pay all bills to Landlord within 30 days after written notice to pay. Tenant shall not permit the discontinuance or termination of any services to the Demised Premises. " ra h of Article ' st paragraph 10, e. At the end of the fir p g p the following language shall be inserted: "Tenant also shall remove and clean up all debris, if any, caused by its occupancy of the Demised Premises . In the event Tenant shall fail to remove its improvements and clean up the Demised Premises by November 20th of each year, Landlord may, but shall not be required to, remove and clean up the improvements and debris . Landlord shall be reimbursed promptly by Tenant for the costs of removal and clean up, and Tenant shall pay such costs within 30 days after written notice to pay. " f. The first sentence of Article 14 shall be deleted. g. The first paragraph of Article 17 shall be deleted and replaced with the following: "Tenant shall defend, indemnify, and hold Landlord harmless for any and all damage to persons or property during the time of Tenant' s exclusive use of the Demised Premises. " h. Article 24 shall be deleted. i. Article 25 (a) shall be modified to provide that notice to Landlord shall be addressed to : "City Administrator City of Shakopee City Hall 129 S. Holmes Street Shakopee, MN 55379" 5 . The Landlord and the Tenant shall not amend the Sublease Agreement without prior notification to the Primary Lessor. In the event the Primary Lessor feels the amendment substantially impairs its security, property, or interests under the Primary Lease, the Primary Lessor 3 may declare the Landlord in breach under paragraph 14 of the Primary Lease. Such breach shall also be a breach under the Sublease, entitling Landlord to pursue its remedies under Article 21 of the Sublease. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. THE CITY OF SHAKOPEE MINNESOTA VALLEY RESTORATION PROJECT, INC. By Gary Laurent, Mayor By Shirley Olson, Exec. Director By Dennis Kraft, City Admin. SPOOKYLAND, INC. By Judith S. Cox, City Clerk By President [3 OMEMO] • 4 MEMO TO: Dennis R Kraft, City Administrator FROM: David M. Nummer, Staff Engineer, SUBJECT: Downtown Alleys Project Bid Award DATE: April 4, 1995 INTRODUCTION: Attached is Resolution Number 4204, a resolution accepting bids on e Downtown Alleys Project, Project Number 1993-9. BACKGROUND: On February 7, 1995, the City Council adopted Resolution 4166, approving plans and specifications, and ordering the advertisement for bids for the Downto Alleys Project. On March 14, 1995, bids were publicly opened, with only one contractor No ding. Killmer Electric was the sole bidder, with a total bid of$502,971.85. Killmer was also the sole bidder when bids were opened last April That bid price was $917,319.82, which included the undergrounding of electric in the do town area, paving the alleys, constructing a parking lot on the old Pelham site, and reconstru•ting the alley in Block 48. This bid was substantially higher than the engineer's estimate, and as rejected by the City Council. The total costs for this project include both the bid price and direct costs to SPUC for providing electrical components, cable, and overhead line work. It was felt that pur•hasing the supplies and performing the overhead work could be more cost effectively done by S'UC rather that bid out to a contractor. One component of this project that has been removed is the service line work. Staff felt that a contractor who specializes in smaller scale work such as installing s rvice lines and minor restoration items would be able to bid this portion of the work more co ipetitively than a larger contractor who has high overhead and operating costs to recover. For this reason,the service line work has been excluded from this bid proposal. Staff is planning to bis this work out in May or early June. A comparison of the project costs and the Engineer's estimate show that e bid is about 2% over the estimate. The following is a tabulation of the bid prices and the en_ineer's estimate broken down by major project task. BID ITEM BID PRICE ENGINEER'S ESTIMATE •Concrete Duct Bank $255,033.00 $299,000.00 *Site Lighting $ 42,437.00 $ 23,000.00 •Electrical equipment and Cable $122,898.00 **$207,000.00 •Alley Paving $ 82,603.85 $ 47,250.00 • Bid Subtotal $502,971.85 •SPUC overhead line work * $103,000.00 $101,000.00 •SPUC purchased equipment * $ 87,654.00 * Inc. Above • Total Project Cost $693,625.85 $677,250.00 * Indicates direct SPUC costs that are not included in the bid While the total project cost is very close to the engineer's estimate, there are several bid items which vary significantly from the estimate. These include the duct bank, site lighting and alley paving. The lower bid prices for the duct bank are mainly due to the redesign , which made construction of the ductbank easier by reducing the depth. The site lighting bid is substantially higher that the engineer's estimate. Staff feels that this is due primarily to a low estimate and the way the contractor structured their bid. Quite often, a few bid items will be bid higher and some bid lower based on factors such as material availability or ease of construction. The alley paving item increase is primarily due to additional work which was added to the project since the estimate was done. The major cost item is the addition of a crossing of Spencer Street which includes restoration of the pavement, gravel base, sidewalk and curb & gutter. Other additional work includes replacement of sidewalk to accommodate a service line near Pablo's Restaurant and the addition of a wearing course of pavement for the alleys. Of the bid items that came in over estimate, only the alley paving has an affect on assessments. The assessment for alley construction is now estimated at $288.26 per lot, which is $61.58 per lot higher than previously estimated. On October 4, 1994, the City Council adopted a resolution establishing a cost sharing policy for this project. The policy states that SPUC will fund the first$272,000 of their share of the project 100%, then fund any remaining items at a rate of 50%, with the remainder of the cost being funded by the City. The items SPUC is responsible for include all cable and wiring, electrical equipment, and all overhead line work. The total cost of these items is $313,552.00. The difference ($313,552 - $272,000) is $41,552, which will be split equally between SPUC and the City. The project costs for both SPUC and the City are tabulated below. BID ITEM CITY COST SPUC COST •Concrete duct bank $255,033.00 •Site lighting $ 42,437.00 •Electrical equipment and cable $122,898.00 •Alley paving $ 82,603.85 •Overhead line work 103,000.00 •SPUC purchased equipment 87,654.00 • Subtotal $421,625.85 !313,552.00 • Cost split adjustment +$ 20,761.00 - 20,761.00 Total Project Cost $442,386.85 '!292,791.00 The costs outlined above do not include any engineering or administra c've costs. These costs need to be equitably between the City and SPUC. Since the SPUC cost. are already above the $272,000 base figure, staff recommends splitting the engineering costs 50/•0 according to the cost participation agreement. ALTERNATIVES: 1. Adopt Resolution No. 4204, a resolution accepting bids for the Do town Alleys Project. 2. Deny Resolution No. 4204. 3. Reject all bids and rebid. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends accepting the bid for this project . The bid is very close to the engineer's estimate, and there is a sense of urgency from the downtown business •ommunity to complete construction in their area. ACTION REQUESTED: 1. Offer Resolution No. 4204, A Resolution Accepting Bids for he Downtown Alleys: Blocks 21, 22, 23, 24, 25, 29, 30 and 31, Project No. 1993-9 an• move it's adoption. 2. Authorize a contingency in the amount of 10% for use by the Ci Engineer in approving change orders and quantity changes associated with this project. DMN/pmp RESOLUTION NO. 4204 A Resolution Accepting Bids On The Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30 And 31 Project No. 1993-9 WHEREAS,pursuant to an advertisement for bids for the Do own Alleys; in Blocks 21, 22, 23, 24, 25, 29, 30 and 31, bids were received, opened and tabulate. according to law, and the following bids were received complying with the advertisement: Killmer Electric Co., Inc. $502,971.85 AND WHEREAS, it appears that Killmer Electric Co., Inc., P.•. Box 246, Osseo, MN 55369 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY CO CII.OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and oirected to enter into a contract with Killmer Electric Co., Inc. in the name of the City of Shak. .ee for the Downtown Alleys; in Blocks 21, 22, 23, 24, 25, 29, 30 and 31, Project No. 1993-9 according to the plans and specifications therefore approved by the City Council and on file ' the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return orthwith to all bidders the deposits made with their bids, except that the deposits of the success 1 bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the Ci of Shakopee, Minnesota, held this day of , 995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director leis, SUBJECT: Sarazin Street - Roundhouse Street - 4th Avenue City Project No. 1994-10 DATE: April 4, 1995 INTRODUCTION: Attached is Resolution No. 4201, which accepts bids and awards the contract for Sarazin Street, Roundhouse Street and 4th Avenue improvements, Project No. 1994-10. BACKGROUND: On February 7, 1995,the City Council ordered an advertisement for bids on the above referenced project by adopting Resolution No. 4167. This project was petitioned for by the developer of Prairie Bend Subdivision and consists of storm sewer, box culvert, sanitary sewer, watermain, curb & gutter, bituminous pavement and sidewalk on a new street alignment. Sarazin Street is a State Aid Street and Roundhouse Street is a local street. On March 3, 1995, several bids were received and publicly opened for this project. A total of eight bids were received and are summarized in the attached resolution. The low bid was submitted by Ryan Contracting, Inc. with a bid of$1,180,772.25. The Engineering Department has reviewed all bids for completeness and also the qualifications of Ryan Contracting, the low bidder, and has determined that they are the lowest responsible bidder. The Engineer's estimate for this project was approximately $1,375,000.00. The feasibility report construction estimate for this improvement project was $814,110.00. The low bid of$1,180,772.25 is $366,662.25 over the feasibility report estimate. This can contributed to quantity and unit price under estimation and additional items not included in the feasibility estimate which were anticipated to be done by Prairie Bend. Due to the timing of the public and private projects, it was decided to add items such as driveway aprons and watermain hydrants to the City's project. These items will be assessed each to the developer. Also the project bid has $80,000.00 additional cost for rock excavation than in the feasibility report. This quantity was unknown until soil borings were taken in the design plans. The assessment rates in the feasibility report are as follows: Roadway $38.16/F.F. Sewer $1,274.42/Acre Watermain $19.62/F.F. The bid is approximately 45%higher than the feasibility report and adding 45%to the assessment rate, the rates are as follows: * Roadway $55.33/F.F. Sewer $1,847.91/Acre Watermain $28.45/F.F. * Right-of-way acquisition costs have not been included in roadway costs as the amounts are unknown at this time. Roadway assessments rates will be higher due to right-of-way acquisition. Recent projects such as Vierling Drive, Project No. 1994-7 had the following assessments: Roadway $182.28/F.F. Sewer $27.30/F.F. Watermain $31.79/F.F. Even though the bid is approximately 45% higher than the feasibility report estimate, staff feels the estimated assessment rates are acceptable and a contract should be awarded to Ryan Contracting. The project is to be paid by special assessments and State Aid funds. Most of the assessment will be assessed to Prairie Bend parcels and undeveloped parcels adjacent to Sarazin Street and Roundhouse Street. The right-of-way acquisition has not been completed as yet, however one property owner has indicated acceptance of the City's offer,and the undeveloped parcel south of Prairie Bend has indicated that a right-of-entry will be given to the City so that construction work could occur. A right-of-entry agreement does not waive any rights a property owner has in the 429 Special Assessment process. Condemnation proceedings may still be necessary to determine the taking compensation amount. ALTERNATIVES: Staff recommends Alternative No. 1 to accept the low bid and award the contract to Ryan Contracting, Inc. for a total amount of$1,180,772.25. ACTION REQUESTED: 1. Offer Resolution No. 4201, A Resolution Accepting Bids on Sarazin Street, from 4th Avenue to County Road 16; Roundhouse Street, from 4th Avenue to County Road 16; and 4th Avenue, from Shawnee Trail to Sarazin Street, Project No. 1994-10 and move its adoption. 2. Approve of a contingency in the amount of 10% for use by the City Engineer in authorizing change orders for this project. BL/pmp MEM4201 RESOLUTION NO. 4201 A Resolution Accepting Bids On Sarazin Street, From 4th Avenue To County Road 16; Roundhouse Street, From 4th Avenue To County Road 16; And 4th Avenue, From Shawnee Trail To Sarazin Street Project No. 1994-10 WHEREAS,pursuant to an 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, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Ryan Contracting, Inc. $1,180,772.25 Richard Knutson, Inc. $1,244,421.31 S.M. Hentges & Sons, Inc. $1,290,351.10 Minger Construction, Inc. $1,310,177.40 LaTour Construction, Inc. $1,423,773.20 Barbarossa & Sons, Inc. $1,457,405.55 Brown & Cris, Inc. $1,583,006.10 S.R. Weidema, Inc. $1,691,553.56 AND WHEREAS, it appears that Ryan Contracting, Inc., 8700 13th Avenue E., Shakopee, MN 55379 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Ryan Contracting, Inc. in the name of the City of Shakopee for construction of Sarazin Street, from 4th Avenue to County Road 16; Roundhouse Street, from 4th Avenue to County Road 16 by street, sanitary sewer, watermain, storm sewer and sidewalks; and construction of sewer and watermain on 4th Avenue, from Shawnee Trail to Sarazin Street • according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the, City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1 3 k • CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 3/29/95 . Included in the bill list is payment for various computer items approved by council for upgrading the systems in City Hall . One computer purchased for Administration is not listed in the budget for capital equipment . CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 03/29/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 2,677 16,088 23 12 CITY ADMINISTRATOR 219,200 17,694 40,070 18 13 CITY CLERK 121,170 11,253 26,423 22 15 FINANCE 302,310 19,063 58,406 19 16 LEGAL COUNSEL 212,090 17,130 43,929 21 17 PLANNING. 464,430 27,253 70,305 15 18 GENERAL GOVERNMENT BUILDINGS 148,120 6,110 22,177 15 31 POLICE 1,490,650 96,667 333,389 22 32 FIRE 410,240 3,892 20,276 5 33 INSPECTION-BLDG-PLMBG-HTG 197,780 15,644 39,598 20 41 ENGINEERING 357,100 29,056 62,481 17 42.STREET MAINTENANCE 759,180 28,499 104,601 14 44 SHOP 112,120 8,867 22,514 20 46 PARK MAINTENANCE 292,420 6,751 43,668 15 61 POOL 136,580 137 3,109 2 64 RECREATION 239,580 17,827 48,014 20 91 UNALLOCATED 136,000 9,942 10,790 8 TOTAL GENERAL FUND 5,668,420 318,462 965,838 17 17 PLANNING 467,160 30,880 69,286 15 TOTAL TRANSIT 467,160 30,880 69,286 15 12 CITY ADMINISTRATOR 119,080 2,284 6,887 6 TOTAL HRA 119,080 2,284 6,887 6 I C4 a a - a a s a a a a as aaa a s H - H H H H H H H H H H H H H H H H -i • 1 N RI a •i 0 a W H r-I o O O H 01 00 01 O N H H O 03 O O H H I- 01 Cl 01 H H H %I, t} .44 'Si N N N M M ff.• 0 N N N N N N N N N '.:rN h h00 co H 0 O O 0 M M m O M M M d' d' di In In O O O O N N N O N N 'Si H H H CO CO it 0 r- tp O rI M M ri CO CO O O O O O O 01N I- H N N CO CO N N dr at al C1 ri H M H H M H H H H H H N M M M N N d. 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G4 - N')- M M M - - M .- G O O co - 00 co gdl dl 11 eM er - i O U 0 0 0 0 0 rl a) - ro • N O l0 rI l0 0 CO 0 ep N 1 0 M l0 N CO N 1!1 CO N CO l0 11 CO N rl M O N 0 0 N M d' 10 CO d� 01 1[1 in u1 rl M sN 1- co d' tN 01 O rI 0 i? N M CO 10 rl rl N M 01 1.0 ri N M �N rl i/. i/. in in. M tf1 rl rl 01 in. in. 01 rl O 11 A iks04 VI a H 1^ H�i a a ga H o a U m H - cUi CO a w Url eN to O rI N 0 0 0 0 [el O rI rI rl N M rI M d, d' rl rl M 1� CO - U . a H 4t it qt qt *t *t it * • ' /IONSFNIT ) 15 .-Q MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works DirectorOr, SUBJECT: Easement Acquisition for Roundhouse Street Project No. 1994-10 DATE: April 4, 1995 INTRODUCTION: The City is acquiring right-of-way/easements for the construction of Sarazin Street, Roundhouse Street and 4th Avenue improvement for Project No. 1994-10. The property owners for an easement needed on Roundhouse Street have agreed to the City's initial offer. This item is for the Council to authdrize the purchasing of the easement. BACKGROUND: City Project No. 1994-10 requires additional right-of-way/easement from four parcels. Attached is a letter from Bret Weiss, Orr-Schelen-Mayeron & Assoc. design engineer, which outlines the initial offer based on an appraisal from Peter Patchin to Mr. Carl Lindstrand. The total amount of compensation for the easements needed is $13,000.00. The parcel is zoned B2, Community Business, though the appraisal value of permanent easement is $2.75 per square foot. Attached also to this memo is a letter from the property owner agreeing to the amount of $13,000.00 for the easements along Roundhouse Street. ALTERNATIVES: 1. Approve a motion for the appropriate City officials to acquire Easement No. 94-18 on Project No. 1994-10 in the amount of$13,000.00. 2. Deny the easement acquisition for Easement No. 94-18 on Project No. 1994-10. 3. Table this item for additional information. RECOMMENDATION: Staff recommends approving the easement acquisition in the amount of$13,000.00 for Easement No. 94-18 as this is the amount of compensation determined by the appraiser hired by the City. ACTION REQUESTED: Approve the payment of$13,000.00 to Carl & Mary Lindstrand and Richard & Carol Grayson for Easement No. 94-18 on Project No. 1994-10, for Sarazin Street, Roundhouse Street and 4th Avenue Improvements. i • Orr Schelen Mayer.on& Associates,Inc. 300 Park Place East February 8, 1995 5775 Wa _ate cvard Minnea ` M ;1, 1228 612-A. /75� (Jp_d 1-87-/ v FA 'j -5 4 ty Engi� chitit ec 7` , Mr. Carl Lindstrand sul.'S evers 9607 Oakland Bloomington, Mn 55420 Re: Easement Acquisition for Roundhouse Street City Project No. 1994-10 OSM Project No. 5511.00 Dear Mr. Lindstrand: I am writing to outline the results of the appraisal recently completed for the above- referenced project and specific in reference to the acquisition of permanent and temporary easement along the east side of your property located as shown on the attached drawing. The actual appraisal includes several other properties, and therefore, I have summarized the highlights of your property appraisal for your consideration. According to the appraiser, the value offered for the easements is based on the current value of the subject parcel before the taking of the direct analysis of the damage resulting from the parcel taking. In 1994 the assessor's market value for the undeveloped parcel was $16,800.00 or $0.134/SF. The appraiser notes that there is no severance damage to the parcel as the road is only partially extended into the property. In addition, the parcel has no public road frontage prior to the construction of the proposed street, but does have public road frontage after completion of the street construction project. The parcel taking for the right-of-way acquisition and construction of Roundhouse Street consists of 4,285 square feet of permanent easement area and 5,059 square feet of temporary easement area. The temporary easement is due to expire December 31, 1995. The property is currently zoned B2 community business. Based on the current zoning, the appraiser utilized seven comparative sales in the area with similar characteristics and determined a square foot cost of $2.75 per square foot for the land value. Therefore, the permanent easement would be appraised at 4,285 square feet times the $2.75 per square foot cost for a total easement cost of $11,800.00. The temporary easement was based on a 10 month rental for the time of construction, March 1995 through December 1995 for a total rental value of$1,160.00. This method assumes a 10% land yield rate per year which is then spread out over the number of months the rent actually occurs. For this property, the formula would be as follows: 5,059 SF x $2.75 per SF x 10% x 10 months _ 12 months per year • Total = $1,160.00 H:\5511.00\CIVIL\CORRES\020895.CL Equal O,portunity Emplo;•cr Mr. Carl Lindstrand February 8, 1995 Page 2 In summary, as we discussed at the council meeting on February 7, 1995, Bruce Loney and I would like to meet with you to discuss acquisition of the property at your earliest convenience, and at this time are proposing to offer $13,000.00 for the permanent and temporary easement as noted on the attached drawing. Please give me a call at 595-5705 if you have any questions or comments regarding this letter. Thank you for your consideration. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Bret A. Weiss, P.E. Project Manager, Associate Attachment c: Bruce Loney, Public Works Director, City of Shakopee, Ray Ruuska, City of Shakopee Dennis Kraft, City of Shakopee ce H:\5511.00\CIVIL\COR R FS\020895.CL -- . ., 0 Lf 1, III 1E; 4 10 ..r. 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W / IIJ 1 II, , {!i �y,t•‘u.J,,...„..• J 1- it t..0 cn a'..( .. 11 II iI i1 :i O 11 I 1 1•. 0 N 0.;_ Ni1 13 1il1S "S(1011.aNf1Ql 1 r o .� 0MX¢ nx 7 ��i . ' N w i� N -c 1 1 1 1,.� IU3SQdCJad ) i ...' r `-- *. r/ r I CI I t J ` " � 1 to w l z u o(_ 1 I o •C -t a) 7_1 I Cl °' .c I "d . ,. O 0 I- X J N �'! N .: Q OCI v <C V1 /W UZ • a. • J CV� .- 0 v.ffOCI al J •o J U) V 1 O p O) I-- J W -- o)n: \--/ N CY. 1 <C -4 N 1- U N U •0 n. Z 0 E O Ln U Ln v of aJ v o 0 c ti:. m 0 March 30, 1995 City of Shakopee City Hall Shakopee, Minnesota 55379 Attention: Bruce Loney Public Works Director RE: City Project No. 1994-10 OSM Project No. 551100 Gentlemen: We hereby accept the offer of the City of Shakopee for $13,000 for a permanent and temporary easement over the land owned by us, as outlined in your letter of February 8, 1995. Very truly yours,_ 7- / T / . ( y, _____ , , / d Richard A. ra son arl . L d,�`an Y Mary/. Lin str d Carol G. Grayson CONSENT l /ou MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolutions of Appreciation DATE: March 13, 1995 INTRODUCTION: Attached are two resolutions of appreciation to individuals who have severed on boards and commissions for more than five years and who were not reappointed this year. BACKGROUND: It is City policy to adopt resolutions of appreciation for individuals who have served for five years or more on a City board or commission(s) ; and, to send a letter of appreciation to those who have served less than five years. Two individuals, whose terms expired this year have served the city for more than five years. The individuals whose terms expired and chose not to be reappointed who serve under five years were sent a letter of appreciation from the Mayor, pursuant to the policy. The resolutions are being put on the consent agenda. The individuals are being called and invited to the meeting. If either of them are available to come, Council will want to remove the resolutions from the consent business. It is recommended that the resolutions be adopted after approval of the consent business, if the individuals are present . Then they would not have to wait around until the end of the meeting. RECOMMENDED ACTION: 1 . Offer Resolution No. 4188, A Resolution of Appreciation to Jim Cook, and move its adoption. 2 . Offer Resolution No. 4189, A Resolution of Appreciation to Robert Tomczik, and move its adoption. RESOLUTION NO. 4188 A RESOLUTION OF APPRECIATION TO JIM COOK WHEREAS, Jim Cook has been a respected resident of the City of Shakopee and while living in the City with his family has been very active and interested in both public and civic endeavors; and WHEREAS, Jim has gladly contributed many hours of service to civic and public endeavors and has been an active and valued member of the Shakopee Public Utilities Commission from November 16, 1982 until the expiration of his fourth full term on March 31, 1995 . NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the City, its commission and its staff, that the Council does hereby extend to Jim Cook the deep appreciation of the City and all of its inhabitants for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 21st day of March, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form , City Attorney RESOLUTION NO. 4188 A RESOLUTION OF APPRECIATION TO JIM COOK WHEREAS, Jim Cook has been a respected resident of the City of Shakopee and while living in the City with his family has been very active and interested in both public and civic endeavors; and WHEREAS, Jim has gladly contributed many hours of service to civic and public endeavors and has been an active and valued member of the Shakopee Public Utilities Commission from November 16, 1982 until the expiration of his fourth full term on March 31, 1995 . NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the City, its commission and its staff, that the Council does hereby extend to Jim Cook the deep appreciation of the City and all of its inhabitants for his years of civic interest and dedicated service to the community. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of April, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4189 A RESOLUTION OF APPRECIATION TO ROBERT TOMCZIK WHEREAS, Robert Tomczik has served on the Shakopee Community Recreation Board from January 17, 1989 until mid 1990 when it was replaced by the Shakopee Park & Recreation Advisory Board; and WHEREAS, Robert Tomczik served on the Shakopee Park & Recreation Advisory Board from its inception in 1990 until the expiration of his second term on February 28, 1995; and WHEREAS, Robert Tomczik has unselfishly contributed many hours of service to the City of Shakopee while serving on the Park & Recreation Advisory Board during the past six years . NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Park & Recreation Advisory Board and City staff, that the Shakopee City Council does hereby extend to Robert Tomczik the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of April, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4189 A RESOLUTION OF APPRECIATION TO ROBERT TOMCZIK WHEREAS, Robert Tomczik has served on the Shakopee Community Recreation Board from January 17, 1989 until mid 1990 when it was replaced by the Shakopee Park & Recreation Advisory Board; and WHEREAS, Robert Tomczik served on the Shakopee Park & Recreation Advisory Board from its inception in 1990 until the expiration of his second term on February 28, 1995; and WHEREAS, Robert Tomczik has unselfishly contributed many hours of service to the City of Shakopee while serving on the Park & Recreation Advisory Board during the past six years . NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Park & Recreation Advisory Board and City staff, that the Shakopee City Council does hereby extend to Robert Tomczik the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this day of March, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form , City Attorney /- r r - - kT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 4197 Bank Transfers DATE: March 22, 1995 Introduction The City has been requested by Marquette Bank to adopt an agreement for transferring funds. Background As a result of the consolidation of the Marquette Banks, various agreements are being reviewed and updated. The city has been asked to execute an agreement covering the wire transfer of funds. This is a housekeeping type issue and does not change any procedures currently in effect. Action Requested Move to offer Resolution No. 4197 A Resolution Authorizing Bank Transfers, and move its adoption. • J ( i , -- -_ r r �_,_ , - _ . % _/ </c__ -t A TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director - RE: Resolution No. 4197 Bank Transfers DATE: March 22, 1995 Introduction The City has been requested by Marquette Bank to adopt an agreement for transferring funds. Background As a result of the consolidation of the Marquette Banks, various agreements are being reviewed and updated. The city has been asked to execute an agreement covering the wire transfer of funds. This is a housekeeping type issue and does not change any procedures currently in effect. Action Requested - Move to offer Resolution No. 4197 A Resolution Authorizing Bank Transfers, and move its adoption. RESOLUTION NO. 4197 A RESOLUTION AUTHORIZING BANK TRANSFERS WHEREAS, Marquette Bank N.A. which the city utilizes as a depository has requested a formal fund transfer agreement, and, WHEREAS, the City finds it necessary to transfer funds periodically, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Marquette Bank N.A. be and hereby is authorized to transfer funds belonging to the City, pursuant to the terms and conditions of that certain Wire Transfer Agreement, a copy of which is attached hereto, Be It Further Resolved, that any two of the persons named below are authorized to execute the Wire Transfer Agreement on behalf of the City and initiate written payment orders or request changes pertaining to the Wire Transfer Agreement, including changes in security codes, telephone notification, transaction limits, call-back parties and repeat codes. Name Title Signature i Dennis R. Kraft City Administrator Barry A. Stock Asst. City Administrator Gregg M. Voxland Finance Director . Vernice F. Takumi Accountant The authority conferred herein shall continue in full force and effect until written notice of its revocation shall be received by the Bank. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney 11'I ltd, '['RANSFER AGREEMENT' • • • ' )AI3: a.-c O-....' 19__. .. ___..... ... `...... .. ....... ...._..._ PARTIES: Marquette Bank, N.A. ("BANK") (Hank mint) ' 8200 Golden Valley Road (Anau,�) Golden Valley, MN 55427 MME Money Desk Department • • • __eL `,o � Cd (("CUSTOMER") /a 9 S y7o /ice ms's Sd • . 'I lie Customer tc nests the hook to effect from tante In time the Customer's mai or wtitten wit c hanster tequests • ("Payment Orders")nn the let Ins mad subject (o the conditions of this Agreement. IN CONSII.IiRATION for the moan(covenants set lotth herein anti for other gond and vnlunble cansitictntlun, the tcceipt incl sufficiency of which arc hereby acknowledged, the flank and the Customer agree ns follows: I. Guttttttttuicnlivtt of l'.nytttettl Utticl's• The Customerpiny conmtuntcalc Payment Orders to the Hank orally or in%I/tiling. The Customer has executed Attachment A to this Agreement which applies to all Payment Orders. The ' . Customer agrees to be bound by nil terms of Attachment A ("Attachment"),nil or which terms form part of this Agreement. 2. 4nntetiL_f_tnyn(cnt Qm:tter& Bach i'nymcnt Older shot! include the,annum!, the account to be detailed, the . beneficinry's name and nccount number, the I18111C and number of the beneficinry's bank,and other such infornmtuu as the Honk may reasonably request. • r.. :1. 5ectttity_trncettotes. The Customer and the!lank agree tothe sec(itity procedures described in the • Attachment. The purpose of the seem ptacedures is to verify that a Payment Order Is that of the Customer; lite security ' proccthltrs arc not used to detect errors in the trnnsmlissiom or content ora Payment Outlet. 'lite Customer and the]tank will ' ntninlain the security coins. lest code procedures. and tither aspects of time security procedures confidential and secure mut will protect them from access by unnuthnrized persons. All security codes shall be delivered to the person designated by time • Customer in sepnhate, sealed, envelopes and the Customer shall be responsible for distributing the security codes to the nuthoized code holders. ' 4. lsxecttlivtt.v(1'.ny.Iticlil_Utdets. The Customer authorizes the Bank to(a)execute and charge to the Customer's accounts at the (lank nil t'nynlent Orders delivered to the clank at any tinm after receipt, even if before the pnyntcnt • or election slate. In compliance with the security procedures established in the Attachment and nil other terms of this Agtcem :nt: (h) record all telephonic instrucliuns and retain the recordings for sixty-one(61)days: (c)use whatever means the It:mk in gaud faith deems reasonable under the chem istnnces to execute each Pnynlen! Order, Including selection of funds tmansfcr system, routing, stud means of transmission. 'lite Customer acknowledges that in tinier for the hntik In execute a Payment Order on: my banking day, the hank must receive,the i'ayiiucnt Older before the applicable cut-off lime established by ' the hatlk anti cottittitiniratctl to the Customer ilium request. '1'he.gank may change the cut-off time periodically without notice • to the Customer. The hank shall have no obligation to execute a Payment Order if(a) the Customer's account to be charged emitailts insolliclent collected funds to cover it.or(Ii)the Payment Order tines non cnntnitu the infnr•mntion required tar comply • with the seeitity procedures established by this Agreement. • 5. (;;ustttnler Cutaccilntiun.or_A..mcothoet loLi hytlleut_Utdci:s. Custmner requests for amendment or cm,celintion or i'nyment Orders must be authenticateti by lime security procedtres described in the Attncinnent. 'the !lank may establish a cat•off time for cancelinliols or amendments nr Payment Orders which is cattier than the cut-off time applicable to excrntinn of Payment Omtiets. The Ilnmk may periodically chnmge the cut-cif time for cancellation or amendment of Payment Omtiema without notice to the Customer. G. Mistiescriptiutt_oU1.cmi licinry.,lntetntetlinry_p;t.(tk. 'the hank and may tither bank executing n Payment Outer may rely(a)on the number in tate Payment Order that identities the beneficing, even if it itlentifies n party different from the patty notated as beneficiary: and(I)on the number or an imternediamy hank notated in the Paynment Outlet, even if the name mull number identify different panics. The Honk and any other receiving batik has no ohigation to dctetntine whether the • tta11IC amid mnmmtltter identify the some person. 7. N.oticg taL RCjeclion...lixceution..ant1.l nytnctutand�tistutncr_Ulbligntiun_&Rev10... the Donk will promptly notify the Customer by telephone of its►ejection of stay Payment Order. The Honk will notify time Customer by the means and within the tittles stated in the Attachment tali(a) its execution of tiny i'nynlent,Ulder and(b) its acceptance of any incoming Rinds • transfer to time Customer. The Customer*ill promptly review any such notice amid will, within a reasonable time tint to exceed thirty(30)clays, notify the Honk of any unendbrccnhte or unnuthnrized Payment Outlet, or nay error in any Payment Order • executed by the flank. • R. tees. The Cositnacr agrees to pay such fees for wire transfer servkcs ns the hank cony impose from time • . to time in accordance with its customary pricing policies,ns revised front time to time in flunk's sole discretion mid upon notice to the Customer, plus any direct charges actually incmrrcd by !Intik in connection wit((transfers or funds pnrsunnt to the Agmertucnt. Including, but not limited to, any charges from a Pedeinf Reserve Honk for the transfer of funds, telex transmission rhatges. tmansrcr fees,cmrespnmdent's cb;ages and oilier similar chntgcs. • 9. Liability.. 11e Customer acknowledges flint the flunk's fees for services under this Agreement ore very •' ' small in!elation to the summit! of Payment Orders and consequently the hank's willflhgness to provide such services is • contingent upom Ihmlt:,nim,or its liability in accordance with the teams or this Agreement. The. Mink shall nit tie liable for tiny • claims, demands, expenses(including nttnlncys' fees Hitt casts), loss or thmage of may kind raising not of the hank's execution • ' ' • 1Rmill.r, I i or failure to execute or provide notice of any Payment Order,except such as way arise from die flank's gross negligence or willful misconduct. Without limiting the foregoing,the Bank shall have no liability for rejection of any Payment Order in good Will, reliance in good faith on the Customer's instructions,loss or damage resulting in whole or in part from any cause beyond • the Bank's control ur Wore to execute or delay in executing a Payment Order if execution.would result in the hank's violation ' • of any law or regulation. IN NO EVENT SIIA1I.'THE BANK BE I.IABL.E FOR INDIRECT SPECIAL.EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OP PROMT,1?VON IP THE BANK 1IAD NOTICE OP THE POSSIBILITY OP . ' SUCH DAMAGES.OR I.OSSES. Thu hank shall not be liable fur acceptance or execution of any Payment Order verified ' pursuant to the security procedure described It'11n:Attachment:'The Bank shall not be liable for acceptance or execution of any ' unauthorized, unenforceable or erroneous Payment Order if flue Bank notifies the Customer of acceptance or execution of the 1 Payment Order,and if the Customer dues not then object'to'the Blank in writing within six(6)months after notification is received. Where the!hunk is liable lou•an unauthorized, unenforceable or erroneous Payment Order, the Bank will be liable for interest on the amount to be refunded only if the Customer objected to the.11auk in writing within.thirty(30)days of receiving notice that the Bank had accepted or executed the Payment Order. If the(lank is'liable fur the payment of interest to Customer, . Use Bank shall snake such payment by crediting the settlement account or us mutually agreed upon with Customer. i , 10. Quu;tulimau ltierutinaliun The flank may change the terms of this Agreement, Including the Attachment, • from(line to time upon notice to the Customer.'•Either party may terminate the Agreement upon sixty(60)business days' written notice to the other. The!lank may,tcrm►inate this Agreement immediately and without notice if the Customer files or has filed against It a petition in bankruptcy.`Termination of the Agreement shall not alter the obligations of either party arising • prior to termination. , 11. Cu5lllluc'r$epresenlalions. '1'be'Customer represents that It is not a natural person,and that the affected • ' accounts are nut consumer accounts. ' . 12. 13nyt;Cnlitg.Laly:.lurIsillcllnn. 'This Agreement is governed by and shall be construed In accordance with the laws of the State of Minnesota. The(lank may execute Payment Orders through Fedwire(the funds transfer system owned and operated by the Federal Reserve hank)and such Payment Orders will be governed by Subpart 11 of Regulation 1 of the Federal Reserve Board. The Customercunsents to'tl►e jurisdiction of the courts of the State of Minnesota, waives any argument that such a venue Is inconvenient, and agrees,to bring any litigation commenced by it in connection with this Agreement in either the District Court of Hennepin Cuuuty in the State of Minnesota or the.Federal District Court, District of Minnesota, Fourth Division. . ';!•,',. 13. Nntit;es. Except us otherwise provided in this Agreement or the Attachment,all notices, requests, demands ' and other communications shall'he in'writing and shall be deemed to have been duly given when personally delivered or deposited in the United Slates'Mail, niailed'firit class,and addressed us provided on the first page of this Agre comment or to such other address provided in'a notice duly given'in'accurdance'wit►this section. . • "U; , q:.•, .i, . •,r,.'i' , , • IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. • , (Customer) • By • Title . • • • • . ;. Accepted; r . • (Bank) i , 'Iritic i • t • r , r • • • • 11701.4.6 • 2 , • , .-..• . . . , . WIRE TRANSFER AGREEMENT ' ATTACHMENT A 1..: • By signing this Attachment A, the Customer agrees to the security procedures and other terms specified in this Attachment A. ., . . , ... -.. • 1. Security Code. The Customer shall elect one of the following levels of security: )1 One security code for all DDA accounts listed below.... 'I . . ••• • • , „ . • , . 0 Multiple security codes, for all DDA accounts listed below. Desired number of codes: ,•.7., . , • Customer requests code(s)to be assigned for use with these DDA accounts: . , • ,•';• Account Number Account Name 910°0,5 O/ 0 C/ 0/" , •,.. I . .., .- . . 1 • .. , . • , L. _ •.•, • The Customer authorizes the Bank to execute oral Payment Orders from anyone giving the Customer's DDA account number accompanied by the appropriate,assigned security code., The Bank will maintain a listing of the security code(s) • assigned to the Customer and shall take reasonable precautions to protect the,integrity of the security code(s)and its wire „. transfer system. The Customer has sole responsibility for distribution and use of the security code(s). One or more security code(s)may be canceled by Customer by delivery of written notice to Bank by fax, courier or U.S.Mail, • effective upon confirmation of receipt by the President or Cashier of the Bank. New security code(s)may be issued to • Customer upon five(5) business days' advance written notice from the Customer to the Bank. ., • 1 ,.. ! , . • l• 2. Repetitive and Free-form PaytnenLOrders. The Customer may initiate either of two types of Payment Orders. Repetitive Payment Orders are those for which the Customer preprograms the destination, credit and debit information • ... which remains constant for subsequent Payment Orders designated by a repeat code assigned by the Bank. Free-form Payment Orders are those for which the Customer supplies the destination,credit and debit information for each Payment , . Order.'The Bank will contact a call-back party to verify all Free-form Payment Orders of$50,000 or more,and will not :; execute any such Free-form Payment Order which is not verified by a call-back party. , ,. , 3. Transaction Limits. The Customer may establish maximum dollar limits for each assigned security code. The Bank will call a call-back-rarty to verify any Payment Orders exceeding the established limit. The Customer authorizes the Bank to ... execute a Payment Order upon verification by the call-back party. Customer requests the following transaction limits: Security Dollar Account — • 1 Code Limit ' Number . . 2 3 4 • , .'. 5 ,• . 6 7 .• ..- . 8 ... .-, • r 1 ' ... . , 1,7111s 5 1 4. Call-Back Parties. The Customer designates the individuals named below as "call-back" parties. The Customer ' '; authorizes the Bank to contact a call-back party to verify any Information in question,verify a Pree-form Payment Order, ' '' or to authorize any Payment Order exceeding any customer-established trapsaction limits provided that a "call-back" party shall not be authorized to approve transactions in excess of S 9/A ' Name Title Phone Number , 5. Notification. t" a. Execution of Payment Order. The Bank will notify the Customer by first class mail sent within two(2) business days of its execution'of any Payment Order. b. Receipt of Incoming Transfer. The Bank will notify the Customer by first class mail sent within two(2) business days of its acceptance of any incoming transfer payable to the Customer. Customer may also elect to receive notice by telephone. r , , The customer: 0 does not request telephone notification. . ' ' requests telephone notification at(6'ha) 1/V5— 3(0 5 D • The Customer acknowledges that there is an additional charge for telephone notification. c. No Notice of Creditor Process. The Bank is not obligated to notify the Customer of any levy, attachment, 'h garnishment, notice.of lien,sequestration or other process issued by a creditor of the Customer with respect to ' , the Customer's accounts with the Bank. • 6. Written Orders and Authorized Changes. ,The Customer authorizes any c7, (designate one or more)of the following individuals(at least three)on behalf of the Customer to initiate written Payment Orders in any amount or , request changes pertaining to this Attachment and the Wire Transfer Agreement, including changes in security codes, . , telephone notification, transaction limits,'call-back parties and repeat codes. The Bank will compare the signature(s)on . the written request with the following signature specimens. The Customer authorize .►nd directs the Bank to act upon . ' original or faxed written requests reasonably believed by the Bank to be from any c. of the individuals named , ; below. Any requested change pertaining to this Attachment or the Wire Transfer Agreement, including but not limited to • • • a change in designated individuals authorized to initiate written Payment Orders,or any changes in security codes, ' telephone notification, transaction limits,call-back parties and repeat codes must be in writing,delivered to the Bank by • fax, courier or U.S. mail, and will be effective upon confirmation of receipt by the President or Cashier of the Bank. , . . Signature Name • ' • Dated: , 19 ti ' . -=— Customer . • By: Title: ' 187095.5 2 CONSENT ) Vc MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Premise Permits for V.F.W. DATE: March 27, 1995 INTRODUCTION: Attached is Resolution No. 4200, A Resolution Approving Premise Permits for V.F.W. Post #4046. BACKGROUND: The Shakopee V.F.W. Post is applying to renew their Premise Permits for two of their locations. They desire to renew their permits at their site located at 1201 East 3rd Avenue, and at Turtle's Bar, 132 East 1st Avenue. They are not renewing their Premise Permit at the Eagles Club. They are a local organization and they do meet the requirements of the Shakopee City Code expending 75% of their expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. RECOMMENDED ACTION: Offer Resolution No. 4200, A Resolution of the City of Shakopee, Minnesota, Approving Premise Permits for V.F.W. Post#4046, and move its adoption. JSC/tiv- h:\tami\judy\4200 RESOLUTION NO. 4200 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING PREMISE PERMITS FOR V.F.W. POST#4046 WHEREAS,the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control board to issue or renew a premise permit; and WHEREAS, the V.F.W. is seeking renewal of their permit through July 31, 1995 for two sites, one at 1201 East 3rd Avenue and the other at 132 East 1st Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the premises permits for V.F.W. Post #4046, at the following locations are hereby approved: 1201 East 3rd Avenue and 132 East 1st Avenue, Shakopee, Minnesota. Passed in Regular 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 _ _ ,ONSENT fkiA MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Premise Permits for V.F.W. _ DATE: March 27, 1995 INTRODUCTION: • Attached is Resolution No. 4200, A Resolution Approving Premise Permits for V.F.W. Post #4046. BACKGROUND: The Shakopee V.F.W. Post is applying to renew their Premise Permits for two of their locations. They desire to renew their permits at their site located at 1201 East 3rd Avenue, and at Turtle's Bar, 132 East 1st Avenue. They are not renewing their Premise Permit at the Eagles Club. They are a local organization and they do meet the requirements of the Shakopee City Code expending 75% of their expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. RECOMMENDED ACTION: Offer Resolution No. 4200, A Resolution of the City of Shakopee, Minnesota, Approving Premise Permits for V.F.W. Post#4046, and move its adoption. JSC/tiv-h:\tami\judy\4200 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Gerald Dircks Retirement and Appreciation DATE; April 4, 1995 INTRODUCTION: Gerald Dircks is a Heavy Equipment Operator in the Public Works Department who is retiring on March 31, 1995. Attached is Resolution No. 4203 of Special Commendation to Gerald Dircks for his twenty years plus service to the City of Shakopee. BACKGROUND: Jerry entered City employment on May 14, 1974. Prior to working for the City, he worked at Rock Spring Bottling Company in Shakopee for 23 years. He has been a resident of Shakopee for over 40 years. Jerry has worked for the City of Shakopee for over 20 years and adopting Resolution No. 4203 is recommended as he has served the City well in those years and is now retiring from employment. ACTION REQUESTED: Offer Resolution No. 4203, A Resolution of Special Commendation to Gerald Dircks and move its adoption. BL/pmp MEM4203 RESOLUTION NO. 4203 A RESOLUTION OF SPECIAL COMMENDATION TO GERALD DIRCKS • 1974, Gerald Dircks entered City Be it remembered that on the 14th day of served the City of Shakopee, its citizens and on he has faithfully residenn employmentand from and ththat e call of duty for l these many years until his retirement on ts over and b y March 31, 1995. Therefore,be it resolved by the Shakopee City Council that tfer his de rehe City byn to expresses its ts deep appreciation and gratitude and hereby commend Gerald Dircks loyalty and his friendship. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held ' this 4th day April, 1995. Gary L. Laurent, Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk _ _ CONSENT /44) MEMO TO: Dennis R Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Gerald Dircks Retirement and Appreciation DATE; April 4, 1995 INTRODUCTION: Gerald Dircks is a Heavy Equipment Operator in the Public Works Department who is retiring on March 31, 1995. Attached is Resolution No. 4203 of Special Commendation to Gerald Dircks for his twenty years plus service to the City of Shakopee. BACKGROUND: Jerry entered City employment on May 14, 1974. Prior to working for the City, he worked at Rock Spring Bottling Company in Shakopee for 23 years. He has been a resident of Shakopee for over 40 years. Jerry has worked for the City of Shakopee for over 20 years and adopting Resolution No. 4203 is recommended as he has served the City well in those years and is now retiring from employment. ACTION REQUESTED: Offer Resolution No. 4203, A Resolution of Special Commendation to Gerald Dirc its adoption. ks and move BL/pmp MEM4203 1I1J1\JSENT EXPLANATION TO ORDINANCE 410 ORIGINATING DEPARTMENT: Law Department PURPOSE: To amend the Commercial Building Rehabilitation Loan Program ordinance to provide that the Economic Development Authority shall administer the program instead of the Housing and Redevelopment Authority. REMARKS: Minn. Stat . Sec. 469 . 184 authorizes the City to establish a Commercial Building Rehabilitation Loan Program. It also allows the City to delegate the administration of the program to the Housing and Redevelopment Authority. Minn. Stat . Sec. 469 . 091 allows an EDA to exercise all powers of a City or HRA. This ordinance simply transfers responsibility from the HRA to the EDA. The ordinance also cleans up a statutory reference, making it easier to locate the statute in question. ALTERNATIVES: 1. Adopt Ordinance No. 410, transferring responsibility for the Commercial Building Rehabilitation Loan Program from the HRA to the EDA. 2 . Amend Ordinance No. 410, then adopt it . 3 . Do not adopt Ordinance No. 410 . ACTION REQUESTED: Offer Ordinance No. 410, an ordinance amending City Code Chapter 2, Administration and General Government, by repealing Sec. 2 . 71, Commercial Building Rehabilitation Loan Program, and adopting one new section in lieu thereof, and move its adoption. Submitted by: 4h4, ity Attorney / , [24EDA] ORDINANCE NO. 410, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, BY REPEALING SEC. 2 . 71, COMMERCIAL BUILDING REHABILITATION LOAN PROGRAM, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. 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 . 71, Commercial Building Rehabilitation Loan Program, and adopting one new section in lieu thereof, which shall read as follows : SEC. 2 .71. COMMERCIAL BUILDING REHABILITATION LOAN PROGRAM. Subd. 1. Authority. Pursuant to Minn. Stat. Sec. 469 . 184 InaWs 1982, Chaptcr 590, Scction3 1 4, the City has been authorized to establish a commercial building loan program to rehabilitate and preserve small and medium sized commercial buildings located within its boundaries, and to provide for the administration thereof by thc Houaing and Rcdcvclopmcnt Authority in and for thc City. Pursuant to this statute Law3 of Minncoota 1982, Chaptcr 590, Ccction3 5 10, the Economic Development Authority IIou3ing and Rcdcvclopmcnt Authority in and for the City has been authorized to develop and administer an interest reduction program to pay in periodic payments or in a lump sum payment any or all of the interest on loans made pursuant to this statute Laws 1982, Chaptcr 590, Ccction3 1 4 for the rehabilitation or preservation of small and medium sized commercial buildings. Subd. 2 . Findings. The Council finds that many commercial buildings in the City are physically deteriorating, underused, economically inefficient or functionally obsolete, and in need of rehabilitation to meet applicable building codes; that there is a need for a comprehensive program for the rehabilitation of such buildings to prevent economic and physical blight and deterioration, to increase the municipal tax base, and to assist in the implementation of the comprehensive plan for the City; that some owners of small and medium sized commercial buildings are unable to afford rehabilitation loans on terms available in the private mortgage market or to obtain rehabilitation loans on any terms because the private mortgage market is severely restricted; and that the health, safety and general welfare and the preservation of the quality of life of the residents of the City are dependent on the preservation and rehabilitation of small and medium sized commercial buildings in the City. Subd. 3 . Economic Development Authority author: ty to Act on Behalf of City. The Council hereby authorizes the Economic Development AuthorityIIouoing and Redevelopment Authority in and for the City to exercise any and all of the powers conferred on the City and a housing and redevelopment authority by Minn. Stat . Sec. 469 . 184 Laws 1982, Chapter 590, Section© 1 4 to operate and administer a municipal commercial rehabilitation loan program within the City. Subd. 4. Administration. The Economic Development Authority Ilousing and Redevelopment Authority in and for the City is hereby granted the power and authority to adopt from time to time various program regulations and guidelines for the commercial building rehabilitation loan program authorized by this Section, which regulations shall include a definition of "small and medium sized commercial buildings" , loan eligibility and loan priority criteria, loan amount limitations and any other provisions and regulations which may from time to time be necessary or desirable. Subd. 5. Commercial Building Rehabilitation Loan Program. There is hereby pursuant to Laws 1982, Chapter 590, a3 amended, established and provided a program for the making of loans for the rehabilitation and preservation of small and medium sized commercial buildings located within the City, which program shall be administered by the Economic Development Authority Hou3ing and Redevelopment Authority in and for the City in accordance with the following regulations, conditions and provisions, and such other regulations and guidelines as shall be formulated and adopted by the Economic Development Authority IIousing and Redevelopment Authority in and for the City: A. Loans may be provided and made for the rehabilitation and preservation of small and medium sized commercial buildings, and all such loans shall be secured either by mortgages on the property with respect to which the loans are made or by other security acceptable to the Council . Except as hereinafter provided, such loans may be made on such terms and conditions as may be authorized pursuant to the regulations and guidelines which shall be adopted by the Economic Development Authority Hou3ing and Redevelopment Authority. B. Loans made under the program shall be eligible for interest rate reduction payments by the Iiousing and Redevelopment Authority, a3 authorized by Laws 1982, Chapter 590, Sections 5 10, in the amounts, and upon the terms and conditions as may be authorized by the program regulations and guidelines which Shall be formulated and adopted by the Housing and Redevelopment Authority. C. In approving applications for loans pursuant to this Section and the program, at least the following factors and conditions shall be considered: 2 1. The availability and affordability of private mortgage credit; 2 . The availability and affordability of other governmental programs; 3 . Whether the building is required,, pursuant to any court order, statute or City Code provision, to be repaired, improved or rehabilitated; and, 4 . Whether the proposed improvements will result in conformance with building and zoning codes and improvement of the aesthetic quality of existing commercial areas. Subd. 6. Limitations. The loan program shall be operated within the following limitations: A. Only buildings located within the Downtown Development District shall be eligible for loans under this program; B. The terms and conditions of all loans made under the program shall be fixed so that the sum of all repayments of principal and interest on them, not then delinquent, and all fees and charges collected, together with other sums to be contributed by the City, shall, over the duration of the program, be estimated to be equal to or greater than the sum of all estimated costs of the program, as determined by the program administrator and approved by the Council, including administrative costs, mortgage foreclosure costs, and principal and interest payments on bonds issued to finance the program to the extent not paid from bond proceeds; C. No loan shall be made for a period exceeding 20 years; D. No loan shall exceed 80 percent of the estimated market value of the property to be rehabilitated upon completion of the rehabilitation, less the principal balance of any prior mortgage existing on the property at the time the loan is made; E. No loan shall be made in excess of $200, 000 . 00 for the rehabilitation of any particular small or medium sized commercial building; and, F. No grants of any money shall be allowed or made as a part of the loan program authorized by this Section. 3 Note: The strickcn language is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 2 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after April 14, 1995, or its publication, whichever is later. 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 - p ' City Attorney '; Published in the Shakopee Valley ws on the day of , 1995 . [24EDA] 4 CONSENT � y MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Ass't City Administrator RE: CDC Membership Size - Ordinance No. 411 DATE: March 30, 1995 INTRODUCTION: Due to several recent resignations from the Community Development Commission, staff is recommending that the composition of the Commission be reduced from 11 members to 7. BACKGROUND: In April of 1994 the Shakopee City Council selected to consolidate the duties of the Energy and Transportation Committee and the Community Development Commission. To accommodate the members of both commissions, City Council selected to increase the membership size of the Community Development Commission from 7 to 11 members. Within the last month we have received several resignations from the Community Development Commission. Staff would like to recommend that the City Code be amended decreasing the membership size of the Commission from 11 to 7 members. Administrative time associated with staffing an 11 member commission is somewhat time consuming. Staff believes that the same benefit can be obtained by having 7 members on the Commission. Attached is Ordinance No. 411 which provides for a reduction in the membership size of the Community Development Commission from 11 to 7 members. The reduction in the membership size will not result in terminating any of the current members seated on the Commission. ALTERNATIVES: 1. Offer Ordinance No. 411, amending City Code Chapter 2, by amending Section 2.55 relating to the composition of the Community Development Commission. 2. Seek applicants to fill the vacant positions on the Community Development Commission. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Ordinance No. 411, amending City Code Chapter 2,by amending Section 2.55 relating to the composition of the Community Development Commission. CONSENT �y MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Ass't City Administrator RE: CDC Membership Size - Ordinance No. 411 DATE: March 30, 1995 INTRODUCTION: Due to several recent resignations from the Community Development Commission, staff is recommending that the composition of the Commission be reduced from 11 members to 7. J3ACKGROUND: In April of 1994 the Shakopee City Council selected to consolidate the duties of the Energy and Transportation Committee and the Community Development Commission. To accommodate the members of both commissions, City Council selected to increase the membership size of the Community Development Commission from 7 to 11 members. Within the last month we have received several resignations from the Community Development Commission. Staff would like to recommend that the City Code be amended decreasing the membership size of the Commission from 11 to 7 members. Administrative time associated with staffing an 11 member commission is somewhat time consuming. Staff believes that the same benefit can be obtained by having 7 members on the Commission. Attached is Ordinance No. 411 which provides for a reduction in the membership size of the Community Development Commission from 11 to 7 members. The reduction in the membership size will not result in terminating any of the current members seated on the Commission. ALTERNATIVES: 1. Offer Ordinance No. 411, amending City Code Chapter 2,by amending Section 2.55 relating to the composition of the Community Development Commission. 2. Seek applicants to fill the vacant positions on the Community Development Commission. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Ordinance No. 411, amending City Code Chapter 2, by amending Section 2.55 relating to the composition of the Community Development Commission. w ORDINANCE NO. 411, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, SEC. 2 .55, COMMUNITY DEVELOPMENT COMMISSION, BY REPEALING SUBD. 2, COMPOSITION OF COMMISSION, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Cit Code Chapter 2, Administration and General Government, Sec. 2 . 55, Community Development Commission is hereby amended by repealing Subd. 2, Composition of Commission, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 2 . Composition of Commission. The Community Development Commission shall consist of seven cicvcn members appointed by the Council and shall have staggered terms of three years each. Appointment shall be made by resolution naming the Commissioners and setting the term of office. Vacancies occurring thereafter shall be filled for the unexpired term of the vacant office and shall be by resolution adopted by majority vote of the Council . Note: The ctrickcn language is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 2 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 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 . 'CONSENT / yk, MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer PM/J SUBJECT: Ryan Wetland Replacement DATE: April 4, 1995 INTRODUCTION: Attached is Resolution No. 4202, a resolution staying Resolution No. 4170, approving a Wetland Replacement Plan. BACKGROUND: On February 7, 1995 the City Council adopted Resolution No. 4170, a resolution approving a Wetland Replacement Plan for Ryan Contracting, Inc. After publication of the City Council approval, the decision is open to appeal for a period of 30 days . During the appeal time frame, comments were received from Trout Unlimited regarding their concerns with the Replacement Plan. One of the concerns raised by Trout Unlimited was that the City failed to print notice of the Wetland Replacement Plan application in the Shakopee Valley News, as required by law. A review of the mailing list for the notices revealed that a notice was sent to the newspaper, however, a request to publish the notice was never made by the City. When the procedural error was discovered, staff contacted our area representative with the Board of Soil and Water Resources (BWSR), who advised that if the decision were appealed, the case would be remanded to the City. At that point, the City would be required to publish notice in the Shakopee Valley News and accept comments for a period of 30 days. Trout Unlimited has indicated that they intend to appeal the City's decision in order to have this issue reviewed. Staff is recommending that notice be published in the Shakopee Valley News and the comment period be reopened to comply with the BWSR recommendation. If the comment period were to be reopened, Resolution No. 4170 should be stayed, and the decision reconsidered after the comment period had expired. ALTERNATIVES: 1. Adopt Resolution No. 4202, A Resolution Staying Resolution No. 4170. 2. Deny Resolution No. 4202. 3. Direct staff to publish notice of the Ryan Wetland Replacement Plan application in the Shakopee Valley News and reopen the comment period. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternatives No.' s 1 and 3. ACTION REQUESTED: 1. Offer Resolution No. 4202, A Resolution of the City of Shakopee, Minnesota, Staying Resolution No. 4170, Approving a Wetland Replacement Plan and move it's adoption. 2. Direct staff to publish notice of the Ryan Wetland Replacement Plan application in the Shakopee Valley News and reopen the comment period. DMN/pmp MEM4202 RESOLUTION NO. 4202 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, STAYING RESOLUTION NO. 4170, APPROVING A WETLAND REPLACEMENT PLAN. WHEREAS, on February 7, 1995, the City Council adopted Resolution No. 4170, a Resolution Approving a Wetland Replacement Plan For Ryan Contracting, Inc. ; and WHEREAS, certain required notices were not published, and some comments not received; and WHEREAS, the City desires to rectify the notice problem by publishing notice and reopening the comment period; and WHEREAS, the approval of the wetland replacement plan needs to be suspended until all comments can be received and considered, and the replacement plan rewritten in response to all comments, if appropriate, at which time the City Council will reconsider its approval of the plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the approval of a wetland replacement plan for Ryan Contracting, Inc. , set forth in Resolution No. 4170, is hereby stayed until after notice is published, the comment period is reopened, and any additional comments received and considered. 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: . `Y City Attorney [24MEMO] MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne4 DATE: March 23, 1995 RE: Annexation BACKGROUND: The County Auditor has brought to our attention the fact that certain land believed to be inside the city limits has not yet been annexed. The land he identified is the easterly section of Mark Mary Cemetery. In researching this, I discovered that three 33-foot strips between the Prairie View subdivision and the Terrence Addition also have not been annexed. All of these areas are completely surrounded by land within the city limits, and have been so surrounded for years . A map of the area is attached with the un-annexed land marked. ISSUE: Staff believes it would be worth our while to clean up this matter. It will take some time to research the title to the property (so that we can notify the property owners) , provide notices to the township and the property owners, conduct a public hearing before the City Council, and prepare the annexation ordinance. Does the City Council wish staff to proceed? ALTERNATIVES: 1 . Direct staff to take the appropriate steps to annex the land completely surrounded by land already within the city limits, in the area south of 10th Avenue and between County Roads 15 and 77 . 2 . Direct staff not to proceed with annexation. 3 . Table pending further information from staff . RECOMMENDATION: Direct staff to take the appropriate steps to annex land completely surrounded by land already within the city limits, located generally south of 10th Avenue and between County Roads 15 and 77 . 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Ji 1;--- S(.. 12_ ,1, )/1,1,-t__ e eZem,dcji i it4- s,c, Rotio/is_ iniu• 3a -17(70LCA-e- SKA 0-) ( -) S\rle0(0/p2__ / //q/LI Lab-is, N4/roln, ,g,i AVIdeeik titrnctiz°"-‘ 51,11 ot 11-opee,/ /KV It-10 v: J'-v) S -- btu sciveio-eir-- kiW-c , /0N- r /9/i Y11- .1 0714, 5 11 4 kcifil p/AV d1'041 PG ii-te- 51/7 /•)‘c---e- r1---7/z) /nAli nCYvYWY1 ljteVe- x ()/14/11 1/46 ailify goo\ 6 ktepfa a7A) _irr-- sgoati wow, .4,,), 0 sha-hpee, PO Z 0-Y\ '\ -o--kAc&._ / /02-8D. 40....\-\--0,•VN. SkeLks T,p_k_ le d f /3 4,-.A.- - , , .4:v./VAL& / "Moc/ap, V 04-e- _44,-1?-exitaa-P- ia4-tei 6-c--12z-e-t_i_e-e, 44=1)-7:2 :it --, . • •i. /Pi ---(-2, - --e- -e-- - , / , /7C10 1 / illP i /I .Silii-dAe(_. i V 41 64)..-,.... / _____,0,.„._ I /. or .• al< A4-(4 4/ , , w , szi 1 N C. Drill- 74/4&-Zeo.--....:, 6Aele-Zore...,e-/ °LI/r., - j / 1 1 ,/ /OP _/"'" Yz,.0WAIr, ---- ‘ ---. • / - - 4 .. '1\ / V, It n / ' =)-9cLci-zj ee Aet/67 , t „ely 411Y6Q0,14 ->A412f2Q. 0 t.,e-)1A), 1--:_fir-- 5N06.--Kof - , d 0 11( /11541004( \7-", 4,7r4,,ek I / A• ' 6144.(j 0 • I U t 0 1 i N a of, I , , , - jtNt M 6p.e.-e s ,.....,, . 14,L.4(,,, , , .' , . I% 4111111Wit If , /,/.0- 19•V LM I 1 ..., Mq-le-V)/.(6> Vfiathe . ii4 0 etd- f /4• if C -'' A__ _Y__ Zii: /ge° d'ar— c__.... '•4 ' P ..... • MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: March 29, 1995 1 . Attached is correspondence from the Shakopee School District thanking Barry Stock and the City for helping the Shakopee ECFE program with transportation needs. 2 . Attached is a memorandum from the Finance Director regarding LOGIS cost effectiveness. 3 . Attached are the March 9, 1995 minutes of the Planning Commission and Board of Adjustment and Appeals meetings . 4 . Attached is Gerald Dircks resignation effective March 31st . 5 . Attached are the March 7, 1995 minutes of the Shakopee Coalition meeting. 6 . Attached is a memorandum from the city Attorney regarding annexation. 7 . Attached is correspondence from the DNR regarding Savage AUAR process and draft comprehensive Mitigation Plan. 8 . Attached is the April Business Update from City Hall . 9 . Attached is the April calendar of upcoming meetings . 10 . Attached is a memorandum from the Finance Director regarding the Annual Financial Report . 11 . Attached is correspondence from the City of Savage thanking the Planning Director for his work with the City' s AUAR Advisory Panel . 12 . Attached are the March 15, 1995 minutes of the Scott County Economic Development Coalition meeting. 13 . Attached are the March 15, 1995 minutes of the Community Development Commission meeting. 14 . Attached is the March Update from the Planning Department . 15 . Attached are the April 6th agendas for the Planning Commission and Board of Adjustment and Appeals meetings . 16 . Attached is a memorandum from the Public Works Director regarding the Shakopee Bypass & Prior Lake Watershed. 17 . Attached is a letter from the Shakopee Park and Recreation Advisory Board in recognition of volunteer week. The letter is being sent to the Shakopee Valley News and will also be included in the next edition of the Shakopee City Newsletter. 18 . Attached is the letter that was sent to the members of the Louisville and Jackson Town Boards regarding the 1995 recreation participant fee . 19 . Attached is the proposed 1995 City Newsletter schedule. Staff has been holding on the first newsletter until the final plans for the Civic Center Project are complete . I would also note that funding for the newsletter was inadvertently not included in the 1995 Budget . Staff will attempt to identify funds within the existing budget to off-set newsletter publication costs . However, a budget amendment transferring funds from the fund balance or the contingency appropriation account may be necessary towards the end of 1995 . Staff has also reduced the number of publications scheduled for 1995 from four down to three in an effort to reduce costs. 20 . Attached is a letter from the Assistant City Administrator that is being sent to hockey associations and school districts that maybe interested in leasing ice time at the Shakopee Civic Center. 21 . Attached is a memorandum from the City Attorney regarding Indian Law Matters. 22 . Attached is a memorandum from the Public Works Director regarding Vierling Drive from C.R. 79 to C.R. 77 . 23 . Attached is the Police Newsletter for Council review. 4- 1 simmopEE Shakopee School Board Superintendent Robert J.Ostlund Ron Larson,Chair , . Janet Wendt,Vice Chair Coordinator/Lead Teacher itir '. 1 ,; , �•,� %", Kathy Busch,Clerk Sandy Coder Steve Schneider,Treasurer Early Childhood Jessica Gels,Director Bob Techam,Director Family Education Robyn Wolfe,Director March 13, 1995 Barry Stock City Administrator Shakopee City Hall 129 S. Holmes, Shakopee,Minnesota 55379 Dear Barry, I wanted to let you know what an impact the "Pilot" Dial A Ride has had on our Spanish speaking ECFE class. Fall quarter, we offered four sessions and had one family come one time. Winter quarter(with the "Pilot")we have had six families coming each week, four of which ride the "pilot" Dial a Ride. We have had nine sessions with these large numbers. We have also been able to include a couple of the Spanish speaking families in our other ECFE classes because of the availability of transportation for these out of the city of Shakopee families. I want to thank you and the City of Shakopee for helping the Shakopee ECFE program better serve families. Sincere Sandy Coder 1001 Adams Street Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5990 AN EQUAL OPPORTUNITY EMPLOYER TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: LOGIS Cost Effectiveness - INFORMATIONAL DATE: March 20,1995 The City of Shakopee is part owner of LOGIS, a consortium of about 22 cities providing data processing services to its members . As part of a self study of the organization, Springsted was retained to study LOGIS members cost for data processing versus non member data processing costs . Attached is a page out of the executive summary of the study. A copy of the complete study is available . The sample is small so direct correlations can not be accurately drawn. However, the pattern is very clear that LOG'S is cost effective . LOGIS frequently appears to be more costly when comparing costs such as on a request for proposals. This is because LOGIS encompasses additional costs such a floor space, utilities, staff operating costs, off site backup storage, etc. that other vendors do not include in their proposals but the city ends up paying indirectly. LOGIS provides the following applications of which Shakopee utilizes the first five; Payroll Financial Fixed Assets Network Support Special Services (ie purchasing equipment) Utility billing Deputy Registrar Permit Inspection Management Park and Recreation Special Assessments Vehicle Management Business License Property Data/assessing Police Records/dispatching Investment Management Tree Inventory Street Inventory Clerk' s Index Customer Response Human Resources Fire Records/information Geographic Information Systems Liquor Inventory/Mgt • Dog Licensing/pound management Local Government Information Systems Association Survey on Municipal Expenditures for Information Processing Systems and Services Summa -Comparison of Equalized Costs NON LOGIS Cities City Description- Category I II Ill IV V VI DP Costs- 1994 Actual $187,500 $364,400 $361,000 $84,000 $260,560 $74,970 Building Space 20,223 9,319 4,745 2,847 3,796 10,629 Ann. Allocated Hardware 54,728 75,368 52,857 30,000 14,000 22,856 Years for Cost Allocation 5 5 7 5 5 5 Annual Allocated Software 84,631 10,600 85,714 26,000 7,000 26,009 Years for Cost Allocation 5 5 Estimated Annual Costs $347,082 $459,687 $504,316 $142,847 $285,356 $134,464 Average Estimated Annual Cost for: Large Non-LOGIS Cities (I to III) $437,028 - ��° ��°� Small Non-LOGIS Cities (IV to VI) $187,556Jw LOG1S Cities City Description- Category VII VIII IX X XI XII LOGIS Cost- 1994 Actual $204,000 $213,000 $226,000 $105,000 $109,000 $108,00' Building Space 949 949 3,322 1,424 0 949 Estimated Supplies 2,500 2,500 2,500 1,500 1,500 1,500 Estimated MIS Personnel 37,500 42,500 5,000 20,000 5,000 10,000 LOGIS Sp. Projects (est.) 5,000 5,000 5,000 5,000 5,000 5,000 Communications 4,600 3,280 1,900 4,84 t 1,900 4,120 Estimated Annual Costs $254 416 $267 045 $243 377 $138 68 $121 983 $129,19 Average Estimated Annual Cost for: Large LOGIS Cities (VII to IX) $254, _ 946 1 $129,780_ Small LOGIS Cities (X to XII) f-3 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota March 9, 1995 MEMBERS PRESENT: Mars, Joos, Madigan, Bladow, Link, DuBois (arrived late), Christensen (arrived late). MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, Planning Director Terrie A. Thurmer, Assistant City Planner Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Mars called the meeting to order at 7:03 p.m. Roll call was taken as noted above. H. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF FEBRUARY 9, 1995 MEETING MINUTES Page 2, Paragraph 3 was amended to read "Comm. Joos"rather than "Chrmn. Joos". The minutes were approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR FISCHER AGGREGATES . The Planning Director provided a brief introduction to this request, and stated that staff recommends continuing this matter until the April 6, 1995, meeting as there are some differences in the depth of the mining operations identified in the amendment. Staff feels it is necessary to review the end-use plan, and to review the depths and as to how future development would occur. John Voss, City Planning Consultant, Urban Planning & Design, Apple Valley, approached the podium. Mr. Voss explained that the proposal is to amend the existing plan referred to as the Merilla Plan, to go to a deeper depth. Kirsten Rojina, Geologist & Civil Engineer, Sunde Engineering, Bloomington, MN, approached the podium. Ms. Rojina explained what is being proposed at the site. She explained that the proposal is to allow Fischer Aggregates to mine to a depth of 40 feet and to increase the land area from 131-136 acres which would allow the operation to be conducted more efficiently. Minutes of the Shakopee Page- 2 Board of Adjustment and Appeals March 9, 1995 She explained that the operation would be divided into 5 phases. In each phase, the mined material would be placed on a conveyor belt and sent to the central operations processing area where it would be crushed,washed if necessary, and loaded or stockpiled. Land not actively being excavated would continue to be used for agricultural purposes. After each phase the land would be restored for agricultural purposes. Noise and dust from the site would be minimized by eight to ten feet high berms. Conveyors would be used to move the sand and gravel from the excavation area which would reduce the truck traffic on site, reducing noise and dust impacts. Sedimentation on the site will be managed by limiting soil exposure through vegetative covers and ponds where necessary. In answer to Chrmn. Mars' question about the expected life of the operation, Ms. Rojina stated "20 years, based on the mining volume and increased depths". In response to Comm. Link's question as to whether Fischer Aggregates was surprised to discover a better quality of material at a deeper level, the answer was "No". Initially the material was not looked at in terms of making ready mix. Comm. Christensen questioned the intended use of the material. Ms. Rojina replied that the initial intent was related to Canterbury Downs. That according to the Minutes of a meeting held in 1983, the first priority was for fill material for the construction of Canterbury Downs. John Voss suggested drafting a resolution that is consistent with the new ordinance and with the plan. The Planning Director stated that staff has not prepared a new resolution for the Board's consideration and feels that there are additional evaluations necessary before moving ahead. Comm. Christensen questioned the safety of homes built on previously mined land and the visual effect of a 40' slope with houses built around it. Ms. Rojina stated that this material is granular in nature which provides an excellent base for building. Prior to building after mining, the fill must be compacted to certain specifications. Soil testing would also be required. In response to the visibility of a 40' slope, Ms. Rojina stated that a 40' slope is natural and pointed out that to the north the slope is greater and to the south there is a 100' slope. Minutes of the Shakopee Page- 3 Board of Adjustment and Appeals March 9, 1995 Comm. DuBois asked what criteria the City Council uses to determine that an Environmental Impact Statement (EIS)is not required. Ms. Rojina stated that they look at the information that was provided and determine if there is a significant potential for environmental impacts. The Planning Director explained that Environmental Assessment Worksheets (EAWs) are part of the State regulated environmental review procedures. The intent of the process is to provide information about potential environmental impacts from a project, and then to provide potential ways to mitigate. In response to Comm. Bladow's question as to who is currently running the mine. Ms. Rojina responded "Fischer Aggregates". In response to Comm. Bladow's question regarding the affect on the water table within the surrounding area, Ms. Rojina stated that the depth of the mining would not affect the re- charge of the water table. As far as contamination, the mining process does not introduce any contaminants. The material must be kept clean or it will fail certain tests once made into ready mix. Comm. Joos expressed concern over the increase in cubic yards of material and the increase in the depth. He stated that a closer look at the increased truck traffic is necessary. Jim Benchou, Benchou & Associates, Traffic Engineer, approached the podium. Mr. Benchou explained the difference in truck traffic for sand and gravel and for ready mix. He explained that there would be 130 trips per day just for the gravel operations which would be approximately 1.4% of the total existing volume of traffic. For the gravel and ready mix operations there would be 160 trips per day with 1.7%of the total existing volume of traffic. The trucks would be belly dumps or dump trucks. Comm. Bladow asked to what the access in feet was off of CR 83. Mr. Benchou stated that 150 feet is recommended. Ed Borgen, 1447 Tyrone Drive, approached the podium. Mr. Borgen asked if there was a cone of depletion that shows how the water table would be affected. He also stated that over the years restrictions have increased on the number of acres to be restored before moving on to another area. The Planning Director stated that important information was provided and notes taken, that staff would bring this information back to the Board. f Minutes of the Shakopee Page- 4 Board of Adjustment and Appeals March 9, 1995 Harold Snyder, 3300 Valley View Road, approached the podium. Mr. Snyder stated his objection to the intent to operate until 7:00 p.m. Beverly Koehnen, 2036 Canterbury Rd., approached the podium. Ms. Koehnen requested that the Board look into item #2, the request to relocate the pipe line, and asked where it would go. She also requested that the permit to take out 6,299 cubic yards be the lower number. She then stated violations of the present resolution by going to 50 feet, and a change of hours violation. She asked the Board to get police reports in relation to operating outside of the allowed hours. Ms. Koehnen stated that she had kept a record of the truck traffic which is approximately every two minutes for a full truck and one minute for empty trucks. She asked the Board to check with a hydrologist for water data in this area and asked to be heard again at the next round. Larry Freeman, 1455 Sharon Parkway, approached the podium. Mr. Freeman stated his concern with replenishing well water and whether the water would be reclaimed or go down a drainage ditch. He stated that there are currently problems on CR 16 and CR 83. Mr. Freeman asked if the City would have to re-do the culverts. Comm. Bladow stated his concern for safety. He had been on the site and there was a 12'to 19'berm. He is concerned about snowmobiles, etc. in the area and stated that fencing would be a very good idea. The Planning Director stated that the previous operator is permanently responsible for the depth of the existing mine and the condition it is currently in. Motion: Comm. Joos/DuBois moved to continue the public hearing until April 6, 1995. Vote: Motion carried unanimously. VI. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FROM JAMES DEVELOPMENT FIRM TO PLACE TWO BUILDINGS ON ONE PARCEL, AND TO BUILD THE PROPOSED STRUCTURES THREE STORIES IN HEIGHT WITHIN THE PROPOSED ARLINGTON RIDGE DEVELOPMENT TO BE LOCATED AT THE WEST END OF THE EXISTING 13TH AVENUE. The Assistant City Planner stated that James Development has submitted an application for a Conditional Use Permit to construct six structures three stories in height, and to construct two structures on each of the three lots within the proposed Arlington Ridge subdivision. Minutes of the Shakopee Page- 5 Board of Adjustment and Appeals March 9, 1995 She stated that Section 11.34, Subd. 3,requires a Conditional Use permit within the R-3 Zone for "Structures over 21/2 stories or 35 feet in height': The applicant is proposing to construct the six structures at only 30 feet in height. However, they will be three stories tall. Therefore, a Conditional Use Permit is required. Section 11.81, Subd. 5 requires that "Only one principal building shall be located on a lot, unless the lot is subject to a planned unit development or has a conditional use permit."The applicant is proposing to plat three lots,and each lot would contain two principle structures. She added that the proposal is consistent with the Comprehensive Plan. The area is designated for Multiple Family Residential uses in the draft 1995 Comprehensive Plan. She stated that staff recommends the approval of the Conditional Use Permit, subject to the 2 conditions discussed in the staff report. Comm. Madigan excused herself from the Board in order to provide public testimony. Chrmn. Mars asked if the permitted and conditional uses for this property have been in place for 15 years without any significant changes. The Assistant Planner answered in the affirmative. Mark Anderson, RCM Associates, Minnetonka, approached the podium. Mr. Anderson explained that the height had been reduced from 35 feet to 30 feet, that there will be outside lighting for security reasons with directional lighting toward adjacent buildings. He explained that there would be two buildings per lot so that any one owner would own two buildings; limiting ownership to three, rather than six different property owners. The buildings were planned for three stories for economic reasons and to keep the rents low and make the property marketable. Comm. Bladow asked why three properties were proposed. Ralph Schmitz, developer/builder of the project, approached the podium. Mr. Schmitz stated that he is the owner of the three separate parcels. The first parcel is to be built upon this year and the next two phases would be completed over a three year period. Comm. Christensen asked what the total number of units to be constructed would be. Mr. Schmitz explained that there would be three separate lots, with two buildings on each lot, for a total of 144 residential units. Comm. Christensen stated that she would like to know the density of the Shakopee East Apartments. Minutes of the Shakopee Page- 6 Board of Adjustment and Appeals March 9, 1995 Comm. DuBois asked what the size of the units would be. Mr. Schmitz stated that the two bedroom units would range from 850 to 900 square feet in area, and that the three bedroom units would range from 1150 to 1200 square feet in area. The single bedroom units and the handicapped units will be approximately 600 square feet in area. Comm. Christensen stated that there would be 24 families in each unit and asked what type of recreation will be provided for the children. Mr. Schmitz stated that there will be approximately 1600 to 2000 square feet of play area on each site (with no roads to cross) where there will be swing sets and BBQ grills. Comm. DuBois stated her concern for traffic problems with occupants exiting the units with 12th Avenue ending at the mall, 13th Avenue being a cul-de-sac, and Vierling Dr. not being a through street at this point. Mr. Anderson explained that there is excellent access at two points with the proposed extension of Taylor Street being tied into Vierling Dr. The proposed improvements are scheduled for 1996. Comm. DuBois asked the proposed width of Taylor Street. The Staff Engineer stated the proposed width was to be 36 feet. Comm. Bladow asked what the anticipated ADT count would be. Mr. Anderson explained that there would be approximately 500 total trips a day from the units with a total of 1000 vehicles within a 24 hour period. Chrmn. Mars recessed the meeting for a short break. Chrmn. Mars re-convened at 9:06. Gene Steinhouse, 2003 13th Avenue, approached the podium. He stated his concern about the extra traffic and turning around as Polk Street narrows. He explained that there are already townhouses there with parking allowed on both sides of the street. The Staff Engineer stated that there are no proposed improvements to the portion of 13th Avenue located east of the property. Minutes of the Shakopee Page- 7 Board of Adjustment and Appeals March 9, 1995 Comm. Joos asked if there were any plans for future street development to alleviate ADT problems. The Staff Engineer stated there might possibly be, south of the homes on 13th Avenue. The Planning Director placed the area plan drawing on the podium to identify the Vierling Dr. alignment. Mr. Anderson explained the Vierling Drive and Taylor Street design, stating that there is adequate capacity for this planned land use. Mr. Schmitz explained that 90%of any problems with these sites are management based. He stated that he owns other similar properties and that they are well run and comply with City codes. The typical complaint with a two bedroom is that the occupants are not always families. However, all tenants are screened and economic and criminal checks are performed. Comm. DuBois asked about rental rates and the proposed garages. Mr. Schmitz explained that a one bedroom unit would rent for$425.00, a two bedroom unit for$465.00, and a three bedroom unit for $330.00 to $500.00 per month. There would be 12 garages per 24 units. The Planning Director explained the procedure the City uses for Land Use Planning. He explained that transitioning and roadways are tied into the transportation system and stated that there are four different access points proposed to distribute traffic. Ken Olson, 2056 13th Avenue, approached the podium. He stated his concern for the collector ponds backing up into the Association commons area. He also stated his concern about the traffic and that the burden of improvements on 13th Avenue would be assessed to all the owners. The Staff Engineer explained that 13th Avenue is 36 feet wide and in order to expand it to a four lane roadway, a 50 foot wide road would be needed and staff is not recommending the acquisition of additional right-of-way. He anticipated that the extension of Taylor Street to Vierling Drive would be constructed next year under one project. He stated that the ponds are developed for a 100 year storm design and that they meet all the requirements for storm water ponding areas. Sandra McNellis, 1222 Polk St., approached the podium. She stated that the handout regarding runoff didn't appear to be objective. { Minutes of the Shakopee Page- 8 Board of Adjustment and Appeals March 9, 1995 The Staff Engineer explained that 4 cubic feet per second can leave this site, and that the runoff rate allowed is 1/3 cubic feet of runoff per second/per acre. Ms. McNellis expressed her concern for noise that would be generated from 144 families, each with approximately 2 children and stated that there is not enough play area. Also, with the rent at $425.00, more families with children would find it more affordable. She then stated that a two story building would require less parking and listed vandalism and garbage concerns, stating that there would be more police calls and that people would not feel safe in this area. She would like to see a park constructed. Gayle Madigan, 2064 13th Avenue, approached the podium. She stated that it is not necessary to construct the buildings three stories high, that two buildings per lot is also not necessary and that ownership is more of a concern than the money issue. Chrmn. Mars asked if it was true that single family homes that are built within the adjacent areas are allowed to be constructed up to 35 feet in height. The Assistant City Planner answered in the affirmative, and added that this proposal would be to build the structures only 30 feet in height. Comm. Christensen stated that if the buildings are only 30 feet high and three stories it would be too cramped. Comm. DuBois asked what the standard code for ceilings is. Mr. Schmitz stated the standard ceiling height to be 8 feet in 95% of all units. Barbara Stordahl, 2058 13th Avenue, approached the podium. She stated her concerns over the size of the units, the rent based on the size of the unit, the type of renters that would be drawn to the area, parking issues for renters with a second car, the possibility of unappealing cars that people with lower incomes might have, and the possibility that it would downgrade the neighborhood and property values. Motion: Comm. Joos/Bladow moved to close the public hearing. Vote: Motion carried unanimously. Comm. Christensen stated she that although affordable housing should be provided she was not comfortable with 144 multi-family units in an area where there already exists multi-family housing with very little land for recreation and expressed concern that the children would hang out in the mall. Minutes of the Shakopee Page- 9 Board of Adjustment and Appeals March 9, 1995 Motion: Comm. Joos/Link offered a motion to adopt Resolution PC-715, A Resolution Approving an Application for a Conditional Use Permit to James Development Firm, subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained,and operated under unified control. I. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. Comm. DuBois stated that she objected to too many people living in such a small space but that she would support the proposal if it were reduced to a 96 unit, 2 story building. She stated that her concern is where the children would play and whether there was an elevator i for the handicapped. Mr. Schmitz stated that there was no elevator but that all units on the 1st floor meet all handicapped requirements. Comm. Joos stated that vandalism is a Police issue and not a Planning issue. He also stated that the diversity of housing in Shakopee is what makes Shakopee a good place to live. Comm. DuBois stated her support for affordable housing. However, density is her concern. Comm. Christensen stated that the issues brought up regarding the "type of people that would be drawn" and the "type of housing" are separate issues. The issue is that when there is little or no recreation provided, it invites trouble. Chrmn. Mars stated that if this is a "low income thing" we are prejudiced and Met Council mandates to provide all types of housing. He explained that the safety issue is a police issue and that the applicant meets the criteria for density. Vote: The Conditional Use Permit was approved with a 4 to 2 vote with Comm. Bladow, Comm. Joos, Comm. Link, and Chrmn. Mars voting to approve the permit, and Comm. Christensen and Comm. DuBois voting against. (Comm. Madigan abstained from voting.) Chrmn. Mars stated that there is an appeal process which allows the petitioner to appear before the City Council. 3 Minutes of the Shakopee Page- 10 Board of Adjustment and Appeals March 9, 1995 Comm. Christensen stated her concern over comments by Chrmn. Mars about the "type of people", explaining that she does not feel it is humane for anyone and wanted to register her objection to his comments. VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR CLASSIC PLUS, INC. TO DO CLASSIC AUTO RESTORATION, LOCATED AT 1511 A & B CO. RD. 18 IN THE I-1 (LIGHT INDUSTRIAL)ZONE. The Assistant City Planner provided a brief introduction to this request. She stated that the applicant is requesting a Conditional Use Permit to conduct classic automobile restoration at the site. The restoration of classic automobile restoration projects can take up to one year or more to complete, and they employ only three, full time employees, so they anticipate very little traffic at the site. She added that staff is recommending approval of the request , subject to the 7 conditions discussed in the staff memo. Ken Bahl,President Classic Plus, 10483 165th St. W, Lakeville, approached the podium. Mr. Bahl stated that he had a hazardous waste license with him and that there were no violations against him. He explained that he would be putting in a paint booth and that he does complete restorations and gets vehicles from all over the country. Motion: Comm. Christensen moved to close the public hearing. Motion: Comm. DuBois/Bladow offered Resolution No. PC-714, A Resolution Approving a Conditional Use Permit for Classic Plus, Inc., subject to the conditions recommended in the staff memo. The Planning Director read the recommended conditions into the record for clarification purposes. He stated the following: 1. All existing floor drains shall be disconnected from the septic system. 2. All floor drain waste water shall be plumbed into a sealed holding tank. 3. The property owner shall submit by June 1 of each year a report which includes the results of an inspection of the septic system by a certified inspector, a cost estimate for the next year's inspection, and a financial guarantee necessary to cover the costs of the next inspection. If remedial actions are necessary, the property owner shall have 60 day to make the necessary corrections to repair or replace the system as required by the Building Department. 4. All oil, solvent and other hazardous waste must be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 5. The address of the site shall be listed as 1513 County Road 18. Minutes of the Shakopee Page- 11 Board of Adjustment and Appeals March 9, 1995 6. The applicant shall not store any vehicles which are unlicensed and inoperable for more than seven days, except in appropriately designed and screened storage areas. 7. The City Administrator has the authority to require the Board of Adjustment and Appeals to review the permit if complaints are received. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO REVIEW THE APPLICATION FROM JOHN AND JUDY MCGOVERN FOR VARIANCE TO THE 30 FOOT FRONT YARD SETBACK REQUIREMENT AT 1008 S. MARKET STREET. The Assistant City Planner stated that the applicants are requesting a 9' variance to the 30' front yard setback requirement in the Urban Residential Zone in order to construct a porch on the front of their home. This setback regulation was adopted in 1952 for all residential zones, and was carried over into the current Urban Residential (R-1B) Zone. She added that staff is of the opinion that the variance request does not meet the 4 criteria required for the granting of a variance. Based upon information submitted by the applicant, there is approximately 2,500 square feet of developable yard space between the west wall of the house and the 30 foot rear yard setback line. Therefore, alternatives do exist for constructing a porch in the rear yard and within the required setbacks. She stated that City staff is recommending the denial of the 9 foot variance because the criteria for granting variances cannot be satisfied. Chrmn. Mars stated that the house is shaped today the way it was in 1957 and when the applicant purchased it. There is a 4 foot overhang and he would like to expand it to an 8 foot overhang for a porch. John McGovern, 1008 S. Market St., approached the podium. He stated that by definition the overhang is a porch. He explained that he wants to update the front of the house and the size of the overhang does not fit the size of the house. Motion: Comm. Bladow/Link moved to close the public hearing. Vote: Motion carried unanimously. Comm. DuBois stated that part of the house is in conformance with the setback requirements and part is not. Motion: Comm. DuBois/Link offered Variance Resolution No. PC-712, A Resolution Approving A 9' Variance to the 30' Front Yard Setback Requirement in the Urban Residential Zone. Minutes of the Shakopee Page- 12 Board of Adjustment and Appeals March 9, 1995 Comm. Joos stated that if anything is outside of the criteria, the variance ordinance needs to be reviewed so as not to set president. Vote: The variance was approved by a 4 to 3 vote, with Comm. Christensen, Comm. DuBois, Comm. Link, and Comm. Bladow voting in favor of the variance, and Chrmn. Joos, Comm. Mars, and Comm. Madigan voting in opposition to the variance. The Planning Director requested clarification of the reasons for the approval of the variance, and for the 4 to 3 vote approving the variance. He had taken notes on the comments by the Commissioners voting in favor of the variance. He read into the record that the variance was approved for the following reasons: 1)The shape of the parcel is unique to the area; 2) One half of the proposed structure conformed to the requirements of the Zoning Ordinance; 3) The structure was not enclosed, and 4) It fit into the setback of other structures within the neighborhood. Comm. Christensen, Comm. DuBois, Comm. Link, and Comm. Bladow responded in the affirmative. Comm. DuBois stated that it was the preponderance of all 4 items that she placed her vote. VII. ANNUAL REVIEW: SHIELY CO.-RESOLUTION NO. 375 - CONDITIONAL USE PERMIT AND MINERAL EXTRACTION AND LAND REHABILITATION PERMIT. The Assistant City Planner stated that in 1985, the Shakopee Planning Commission issued Conditional Use Permit No. 375 to the Shiely Company. One of the conditions of the permit requires an annual review by the Planning Commission. City staff inspected the facility on February 27th. Although the mine is not in operation at this time of the year, staff found the operation to be in compliance with the conditions of the permit. However, staff is of the opinion that many of the conditions are out of date. She added that since the applicant is proposing an amendment to the permit in the near future, amendments to the conditions of the permit should be made at that time. She added that one of staffs more immediate concerns is the depth of the mine. The 1985 Operations Plan identified that mining operations would occur to a depth of 685 feet. The water on the quarry floor is currently about 40 feet deep, so the depth of the mine cannot be verified at this time. She stated that staff is recommending approval of the annual review, subject to the verification of the depth of the mine by survey once the pit is de-watered and mining resumes this spring. Comm.Madigan suggested changing the review time to during the operating time of the year. Minutes of the Shakopee Page- 13 Board of Adjustment and Appeals March 9, 1995 Comm. Joos asked if they were in compliance with the current CUP. Mark Sue, 481 Warwick#4, St. Paul, approached the podium. He stated that there were no deviations and that a"laundry list" regarding amendment requests would be available later in the summer. Comm. Mars asked if they were in compliance. Mr. Sue replied, "Yes, we are". Comm. Madigan stated that inspections for compliance should take place when the mine is operating. She stated her concern with Shiely's pumping of water. Mr. Suel explained that the permit allows for 2.75 million gallons to be pumped and they are 2.9% in compliance. He stated that they are also in the midst of an Environmental Assessment Worksheet (EAW). The Staff Engineer stated that he had attended a regular meeting of the task force regarding the Savage water issues. He will be monitoring this and updating the Board as needed. Motion: Joos/Christensen moved to approve the annual review. Vote: Motion carried unanimously. Chrmn. Mars recessed to the Planning Commission for elections at 11:10 p.m. Chrmn. Mars re-convened the meeting at 11:15 p.m. VIII. OTHER BUSINESS A. Election of Officers. The Planning Director opened nominations for the Chair of the Board Of Adjustments and Appeals. Joos/DuBois nominated Chrmn. Bill Mars as Chair of the Board of Adjustment and Appeals. Chrmn. Mars accepted the nomination. The Planning Director closed the nominations for Chairman. Minutes of the Shakopee Page- 14 Board of Adjustment and Appeals March 9, 1995 Vote: The nomination was approved unanimously. Chrmn. Bill Mars was elected as the Chair of the Board of Adjustment and Appeals. The Planning Director opened nominations for Vice-Chair of the Board of Adjustment and Appeals. Joos/DuBois nominated Comm. Gayle Madigan for Vice-Chairman. Comm. Madigan accepted the nomination. The Planning Director closed nominations for Vice-Chair Vote: The nomination was approved unanimously. Comm. Gayle Madigan was elected the Vice-Chair of the Board Of Adjustments and Appeals. The Planning Director opened nominations for 2nd Vice-Chair. Christensen/Mars nominated Comm. Jane DuBois for 2nd Vice-Chair. Comm. DuBois accepted the nomination. The Planning director closed the nominations for 2nd Vice-Chair. 1 { Vote: The nomination was approved unanimously. Comm. DuBois was elected the 2nd Vice Chair. IX. ADJOURNMENT Chrmn. Mars adjourned the meeting at 11:10 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota March 9, 1995 MEMBERS PRESENT: Mars, Joos, Madigan, Bladow, Link, Christensen, and DuBois MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, Planning Director Terrie A. Thurmer, Assistant City Planner Dave Nummer, Staff Engineer L ROLL CALL Chrmn. Mars called the meeting to order at 11:10 p.m. Roll call was taken as noted above. H. APPROVAL OF AGENDA The Agenda was approved as presented. III. APPROVAL OF JANUARY 12, FEBRUARY 9, AND FEBRUARY 23, 1995, MEETING MINUTES Changes were made as follows: February 2, 1995, Meeting Minutes were amended to add that Chrmn.Mars called the roll; February 23, 1995, Meeting Minutes were amended to add that Chrmn.Mars called the roll, and that they should be amended to read "Vice"or "Acting Chair". Chrmn. Joos abstained from voting on the approval of the February 23, 1995, minutes as he was not present at that meeting. The minutes were approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA There was no Consent Business. VI. PUBLIC HEARING: CONTINUED FROM FEBRUARY 23, 1995, MEETING. TO REVIEW THE SHAKOPEE COMPREHENSIVE PLAN AND TO RECEIVE ANY PUBLIC TESTIMONY. Chrmn. Joos re-opened the public hearing regarding the above entitled matter. The Planning Director recommended that the update be continued to the April 6, 1995, meeting, and requested that the Comprehensive Plan books that had been distributed to the Planning Commission be returned so that revisions could be added. Chrmn. Joos asked if anyone present would like to speak on this issue. There was no public testimony offered. Minutes of the Page- 2 Shakopee Planning Commission March 9, 1995 Motion: Chrmn.Mars/Christensen offered a motion to continue the public hearing to April 6, 1995. Vote: Motion carried unanimously. VII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF ARLINGTON RIDGE, LOCATED AT THE WEST END OF THE EXISTING 13TH AVENUE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Assistant City Planner stated that Ralph Schmidt of James Development has submitted an application for approval of the Preliminary Plat for the proposed Arlington Ridge development. The applicant is requesting approval of the Plat in order to subdivide the 11.33 acre site into 3 lots. She added that staff recommends approval of the Preliminary Plat for Arlington Ridge, subject to the conditions discussed in the staff memo. Comm. Madigan excused herself from the Commission in order to provide public testimony. Comm. Mars asked what the requirement is for open space coverage for impervious structures. The Assistant City Planner replied that the maximum impervious coverage allowed is 60%. Mark Anderson, RCM Associates, approached the podium. He stated that impervious coverage ranges from 43% to 60%. In answer to the question as to how they will handle areas designed for recreation, Mr. Anderson stated that there is a green area for each building available for recreation, with the recreation areas totaling approximately 5 1/2 acres. Chrmn. Joos stated that within the Multiple Family Residential Zone, the density requirements allow up to 18 dwellings per acre, and this site is only proposing 12 units per acre. He explained that there are other relevant areas related to the preliminary plat that need to be addressed. The Staff Engineer stated that the stormwater management plan is completed and is in the process of being approved by the City Engineer. He explained that the information required in order to issue a Certificate of Exemption to the Wetlands Act of 1991 has recently been received from the applicant, and that the City Engineer needs to sign off on it in order for it to become effective. Comm. Mars asked if the stormwater could be managed by one large pond. Minutes of the Page- 3 Shakopee Planning Commission March 9, 1995 The Staff Engineer replied that there are two ponds proposed on the site. Comm. DuBois asked when the property was zoned R-4. The Planning Director responded that the site was zoned "Multiple Family Residential" in 1979 and the abbreviation for that was "R-4" at that time. However, in 1994 the City revised the Zoning Ordinance and changed the abbreviation of the "Multiple Family Residential" Zone to "R-3". Comm. Christensen wanted to explore park lands. The Planning Director approached the podium and referred to an area plan for the site, and showed that the site was within 1/2 mile of Tahpah Park. Gayle Madigan, 2064 13th Avenue, approached the podium. She stated that the issue is the access to the area. Her concern is the cul-de-sac. She stated that 13th Avenue should go through to connect with Taylor Street. The Planning Director stated that the primary concern is traffic and the impact on the neighborhood. The Staff Engineer explained that it may be appropriate to use stop signs and a "basket weave" technique on 13th Avenue to control traffic and keep people off of the local streets and on the collector streets. Chrmn. Joos asked if anyone present would like to address the Planning Commission on this issue. There was no response. Motion: Comm. Mars/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars offered a motion to recommend to the City Council the approval of the Preliminary Plat for Arlington Ridge, subject to the following conditions: 1. Approval of the Preliminary Plat is contingent upon the following: A. The following revisions shall be made to the plat with the submittal of the request for approval of the Final Plat: Minutes of the Page- 4 Shakopee Planning Commission March 9, 1995 1) The alignment of the portion of Vierling Drive and the realignment of Taylor Street shall be shown on the Final Plat drawing; 2) If the 50 foot front yard setback requirement affects the design of the plat, the revisions shall be provided on the Final Plat drawing; and B. The developer shall dedicate a permanent access easement agreement to ensure access to Lot 2 from Taylor Street. This document shall be reviewed and approved by the City Attorney prior to being recorded by the Scott County Recorder's Office. C. Either a wetland delineation, or a written statement from a certified wetland delineator that there are no wetlands on the site, must be submitted to the City. Approval of the Preliminary Plat is contingent upon the applicant receiving a Certificate of Exemption to the Wetland Conservation Act of 1991 prior to approval of the Final Plat by the City Council. 2. The following must be completed prior to the approval of the Final Plat by the City Council: A. Final construction plans for all public improvements shall be approved by the Engineering Department. 3. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer shall end the construction of Taylor Street 100 feet before the southwest edge of the plat, and the City will construct this remaining portion of Taylor Street. Minutes of the Page- 5 Shakopee Planning Commission March 9, 1995 The developer shall be responsible for their share of the assessments for Vierling Drive, as per the City's Assessment Policy. 6) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign (2 signs x $250 = $500). 7) Park dedication fees shall be collected in lieu of the dedication of park land. C. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. Vote: Motion carried, with Comm. DuBois voting against the motion. VIII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL PLATS OF WEST VIEW 7TH ADDITION PLANNED UNIT DEVELOPMENT, LOCATED AT THE SOUTHWEST CORNER OF 6TH AVENUE AND JACKSON STREET. The Assistant City Planner stated that Jerry Enns has submitted applications for approval of both the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development. The PUD was approved in October of 1994. The applicant requested approval of the PUD and the plat in order to subdivide the portion of the site which contains the structure into 6 lots and to plat the remaining portion of the site as Lot 7. She added that staff recommends approval of the Preliminary and Final Plats, subject to the conditions discussed in the staff memo. Comm. Mars referred to Page 2, Item No. 6 of the staff memo regarding park dedication. He stated that this reads like the park dedication fee has already been paid. The Assistant City Planner stated that this is a typing error, and that no park dedication has been paid for this site. Chrmn. Joos asked if anyone present wished to address the Planning Commission on this issue. Darrel Bahnson approached the podium. He stated that he is Jerry Enns' partner and was substituting for Mr. Enns. He added that there are no changes or modifications being proposed to the existing building. He explained that the motive is to get a title on the 6 individual units. Motion: Comm. Mars/Bladow offered a motion to close the public hearing. { Minutes of the Page- 6 Shakopee Planning Commission March 9, 1995 Vote: Motion carried unanimously. Motion: Comm. DuBois/Link offered a motion to recommend to the City Council the approval of the Preliminary and Final Plats for West View 7th 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. Park dedication fees shall be collected in lieu of the dedication of park land. (Since this is an existing structure, deferment of the Park Dedication Fees to the time of the Building Permit is not an option for the applicant.) 2. The homeowners association will be responsible for maintenance of the private common water facilities, and maintenance shall comply with the requirements established by the Shakopee Public Utilities Commission. Vote: Motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER AN AMENDMENT WHICH WOULD REZONE PROPERTIES CURRENTLY ZONED RACETRACK DISTRICT WHICH SURROUND THE CANTERBURY DOWNS SITE AND THE KNIGHTS OF COLUMBUS HALL SITE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director requested a motion be passed to continue the public hearing until after the Comprehensive Plan has been completed. Motion: Comm. Madigan/Christensen offered a motion to continue the public hearing until after the Comprehensive Plan has been completed. Vote: Motion carried unanimously. X. OTHER BUSINESS: A. Election of Officers. The Planning Director opened the nominations for Chair of the Planning Commission. Comm. Madigan nominated Chrmn. Terry Joos for the Chair. Chrmn. Joos accepted the nomination. Minutes of the Page- 7 Shakopee Planning Commission March 9, 1995 The Planning Director closed the nominations for Chairman. Vote: The vote on the nomination was unanimous. Terry Joos was elected Chair of the Planning Commission. The Planning Director opened nominations for Vice Chair. Comm. Christensen nominated Comm. Gayle Madigan for Vice Chair. Comm. Madigan declined the nomination. Comm. Bill Mars was nominated for Vice Chairman and accepted the nomination. The Planning Director closed the nominations for Vice Chair. Vote: The vote on the nomination was unanimous. Comm. Bill Mars was elected the Vice Chair. The Planning Director opened the nominations for 2nd Vice Chair. Comm. Gayle Madigan was nominated for 2nd Vice Chair and accepted the nomination. The Planning Director closed the nominations for 2nd Vice Chair. Vote: The vote on the nomination was unanimous. Comm. Gayle Madigan was elected the 2nd Vice Chair. B. Downtown Riverfront Plan. The Planning Director approached the podium and introduced a the Downtown Riverfront Plan explaining that the intent is to make a connection between the downtown area and the Riverfront through a series of improvements to Huber Park, Blocks 2 & 3 downtown, Fuller Street, and parking. Chrmn. Joos adjourned the Planning Commission meeting to reconvene the meeting of the Board of Adjustment and Appeals for the election of officers. After the election of the officers for the Board, the Planning Commission meeting was reconvened. XI. ADJOURNMENT Chrmn. Joos adjourned the meeting at 12:45 a.m. ref 06°13° „st Z MPS 3/17/95 SHAKOPEE, MN. TO MAYOR LURENT, CITY COUNCIL, CITY ADMINISTRATOR, AND CITY ENGINEER. I , GERALD DIRCKS HEREBY SUBMITT MY RESIGNATION EFFECTIVE MARCH 31st. 1995. AFTER SERVING 21 YEARS AND 10 MONTHS, AND THAT I AM TURNING 62 ON MARCH 24th. I FEEL IT IS TIME TO RETIRE AND ENJOY THE GOOD LIFE. I ENJOYED WORKING FOR THE CITY DEPT. OF PUBLIC WORKS. ITS BEEN THE BEST JOB I EVER HAD. SINCERLY, )7;441 eaz- GERALD DIRCKS OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION March 7, 1995 The meeting was called to order at 4: 30 p.m. by Tony Stocker. Members present: Judson Kenyon, CAP; Bob Greeley, Shakopee Schools; 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 Irene Sundboom, Front Steps. CAP AGENCY (Judson Kenyon) X-Mas in May - May 20th is target date for work on six homes. Judson briefly described "Getting There" program for people to donate vehicles to those who can't afford to buy at the present time. FRONT STEPS (Irene Sundboom) One client is taking Drivers Education. SACS SCHOOL (Patrick Ottman via Fax) Breakfast Program at Elementary School is doing well but will be discontinued at Middle School due to low participation. Can Drive - SACS will pickup your aluminum cans - call Pete Shutrop at 445-1373 . Voice Mail - Rahr has donated a voice mail system to SACS. Ralph Nelson Memorial - Money used to purchase new playground equipment. Spring Break is March 27 through March 31. AMERICAN RED CROSS (DeDee Ordemann) March is Red Cross Month. Had disaster exercise last month with employees of Scott County Human Services who participated in training through Red Cross in Shelter Management. Bill Gurnon conducted HIV/AIDS in service for Front Steps. Training to become a Certified CPR Instructor will be held this month beginning March 11. EXTENSION - Barb Brekke Distributed March/April Scott County Extension Newsletter. Described the Spring Composting Program along with pertinent dates for each community. Barb also declared Steak Fry Fundraiser a success and invited anyone interested to come check out the 4H Communications Contest & Project Training. HUMAN SERVICES - Connie Weber Need special olympic coaches for track and tennis or volunteers in any capacity. SOUTHERN VALLEY ALLIANCE FOR BATTERED WOMEN - Sandy Olson Continuing to raise funds for shelter. Spoke to nine classes of 8th Graders regarding dating violence. Next meeting of the Shakopee Coalition is scheduled for April 4, 1995 in the Citizens State Bank Building Community Room at 4 : 30p.m. Respectful` S bd Anthony R. Stocker • Itnn STATE O F DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 VL��V� March 17, 1995 UUI� O v D MAR 2 2 1995 Stephen King City Administrator City of Savage 6000 McColl Drive Savage, MN 55378 • RE: Savage Alternative Urban Areawide Review(AUAR) Process and Draft comprehensive Mitigation Plan Dear Steve: The Department of Natural Resources(DNR)offers the following comments on the Savage AUAR process and Draft Comprehensive Mitigation Plan. The DNR commends the City of Savage for initiating an AUAR and convening the Advisory Panel to review all of the documents, comments, and associated material generated as a part of the AUAR process. We believe that many of the issues related to urban growth and development that involve potential adverse environmental impacts have been resolved through the AUAR review, comment, and alternative dispute resolution processes. During this AUAR effort some very positive results have been achieved: • Agreements are in place and in process to ensure the permanent protection of the water quality, trout fishery resource, and Boiling Springs features of Eagle Creek; • Mitigation plan protection strategies commit responsible parties to adverse environmental impact sequencing of avoid, minimize, and mitigate, as well as"no net loss"and"no net change"; • An Alternative Water Source Study is being conducted in cooperation with adjacent municipalities and the DNR; • Prohibition of additional water supply wells in the Prairie du Chien/Jordan aquifer lying below the city; • • - - - AN EQUAL OPPORTUNITY EMPLOYER • • Development of a county-wide groundwater quality and quantity protection plan is recommended; • Recognition of the uniqueness and sensitivity of the Savage Fen Wetland complex; • Commitment to ongoing monitoring and education programs to assist in protecting the Savage Fen, Boiling Springs, and Eagle Creek; • Requiring the use, management and enforcement of Best Management Practices (BMP's) for the protection of surface and groundwater quality and quantity as well as other important natural resources; • Promoting the restoration and management of public and private lands within the Savage Fen Wetland Complex; • Promoting the maintenance of natural buffer zones of at least one rod along the boundary of wetlands. While the results listed above are important, the DNR still has serious concerns about some sections of the Comprehensive Mitigation Plan, specifically those related to the Savage Fen Wetland Complex. The DNR intends to use the city's Savage Fen Management Plan and Section 3.0 of the Mitigation Plan as a starting point for developing a"commissioner-approved fen management plan". However, certain goals and protection strategies will have to be changed before it becomes a commissioner- approved plan. For instance, we recommend that Goal 2 be reworded to say,"Promote a policy of avoiding wetland impacts in the Savage Fen Wetland Complex." In addition, Protection Strategies 1-3 should be dropped because we don't believe that lost wetland functions and values in the Savage Fen Wetland Complex can be compensated for or replaced. Other recommendations for the Mitigation Plan's Savage Fen Wetland Complex section are as follows: • Goal 1, Strategy 1 -the DNR still prefers the word"Prohibit"rather than"Regulate". • Goal 1, Strategy 2 -change the end of the sentence to"special concern species". • Goal 1, Strategy 3 -the end of the first sentence should read, "...endangered, threatened, or special concern plant species." • Goal 3, Strategy 8 - after "re-establishment" add the words, "... of wetlands and the creation..."Goal 6 and the protection strategies are strongly supported by the DNR and we would like to work closely with the city to obtain the cooperation of private landowners for survey, plant control, and fill removal work. Recommended wording changes in the remaining sections of the Comprehensive Mitigation Plan are included in the following comments: • Section 1 - in the last sentence of the bold paragraph after "requests for" add, "...and commitments by the city and project proposers to compile..."; • • Section 2, Goal 1, Strategy 2 -delete"when feasible"; • Section 2, Goal 1, Strategy 3 - "Require" instead of"Promote"; • Section 2, Goal 2, Strategy 2 - "...limit existing wells to uses, functions, and amounts allowed by an amended DNR water appropriation permit and prohibit..."; • Section 2, Goal 5 - DNR should be the lead agency (listed first) in protection strategies 1 through 3; • Section 4 - remove "when feasible" from Goal 1 and "practical and feasible" from strategy 1; • Section 5, Goal 1, Strategy 1 - "Prevent" instead of"Minimize". There should be no disturbance of soils and vegetation on steep slopes and bluffs. The steep slopes and bluff top areas immediately south of Savage Fen and Eagle Creek are very important and sensitive natural resources. Adequate setbacks and buffers ought to be required rather than just encouraged (see p.21) and the city should re-examine its definition of steep slopes (from which structure setbacks and associated uses are measured). The city's standard of 35% is much higher than what exists in most state standards and local ordinances (12-18%). In addition, standard setbacks range from 40 to 100 feet for aesthetic,vegetative preservation, and soil stability purposes. • Section 5, Goal 2, Strategy 1 - "...a survey of threatened, endangered, and special concern species and ...". Also, the completion date of the survey should be "by the end of 1997". In conclusion,the DNR would like to emphasize three major concerns: 1. The DNR can't agree with the general assumption that development can take place in non-calcareous fen areas of the complex by minimizing and mitigating for adverse impacts. These adverse impacts within the complex will adversely affect the calcareous fen areas. 2. Many of the protection strategies are tied to implementation through plans and ordinances that are not yet drafted and/or adopted. 3. If the projected growth in the AUAR area occurs and modification of the city's water supply program is not deemed to be feasible (see Section 3, Goal 6, Strategy 6) we believe that the existing natural character of the Savage Fen and Eagle Creek/Boiling Springs will be compromised and possibly even lost in the future. The DNR looks forward to working with the City of Savage and other local units of government, as well as appropriate state and federal agencies, in the months and years to come to insure that urban development is accomplished in concert with protection of the area's unique and valuable natural resources. Thank you for your consideration and ongoing cooperation in this matter. Sincerely, Thomas W. Balcom, Supervisor Environmental Review Section c. Kathleen Wallace Pete Otterson Bill Penning Jeanett Leete John Stine Sharon Pfiefer Pat Lynch Steve Colvin Bill Johnson Dirk Peterson Diana Regenscheid g BUSINESS UPDATE FROM CITY HALL Volume 9 No. 4 Dear Chamber Member: April 1, 1995 Administration Community Development On Tuesday, April 11, 1995 at 7 . 00 On March 20, 1995 Paul Bilotta was P.m. in the Shakopee City Council appointed to fill the newly created Chambers an informational meeting Economic Development Coordinator will be held to present the proposed position. Mr. Bilotta previously plan for the Shakopee Civic Center held the position of Senior Planner Project. Over the past 60 days, the with the City of Shakopee. Mr. City's construction manager has been Bilotta will plan an active role in meeting with various community user providing staff support to the CDC groups to determine the final and Economic Development Authority. facility components. A survey was He will also serve as the primary also distributed in the Shakopee business contact for development Mint to each household in Shakopee prospects. in an attempt to obtain constructive On March 7, 1995 the Shakopee City input with respect to the facility Council authorized staff to utilize components and project design. April 11th will be the final the appraisal services of Peter J. opportunity to amend the project Patchin and Associates. Appraisals design prior to letting bids for the are currently being generated for project . The project is scheduled the properties located within Blocks to commence in early May with 3 & 4 in Downtown Shakopee. Once completion scheduled for late this the appraisals are complete, City Fall . staff will evaluate options for redeveloping the property in question. The appraisal process is expected to take between 60 & 90 City Clerk days. On March 7th, the City Council The City has once again received a adopted a resolution modifying the grant from Scott County to conduct 5th precinct to include the an annual spring clean-up program. residents of Jackson Township This year's program will be run recently annexed to the City of identical to last year's. The Shakopee. clean-up program will be held on Saturday, May 6th. Residents will On March 21st, the City Council have the opportunity to dispose of decided not to increase liquor recyclable items and junk at a license fees at this time, based on reduced cost . The collection site the fact that the current fees are is located behind the Public Works adequately covering City costs. garage on Gorman St . Program hours are between 7:30 a.m. and 12 :30 p.m. Engineering/Public Works PC Meeting 2-09-95 Vierling Partnership Zoning Map Amendment Rec.Approval Homestead Ridge 2nd Final Plat Rec.Approval The Engineering Department will be Wallace Perry Vacation of Spencer St. Rec.Denial requesting City Council at their City of Shakopee Zoning Text Amendments Cont'd to 3/9 April 4th meeting to award two City of Shakopee Comprehensive Plan: Land Use Element Rec.Approval recently bid projects. The projects are the Downtown AlleyProject which Transportation Element Rec.Approval ] Parks,Open Space,Trails Rec.Approval will convert eight downtown blocks Urban Design Element Rec.Approval from overhead power to underground Housing Element Rec.Approval and the Improvements of Sarazin and Other Business: Roundhouse Streets from 4th Avenue Initiation of Phase 4 Zoning Map Amendments Update: Savage AUAR/ADR to C.R. 16 . Update: Eagle Creek Bluff PUD BOAA/PC Appointments City Council has authorized staff to prepare feasibility reports for police storm sewer and streets for the new St . Francis Medical Center. Mobile Data Terminals for squad cars Staff is currently working on the are coming! Teri Van Cleve has been feasibility report for the extension attending MDT planning meetings, of Fuller St . from South of 10th and recently attended a Motorola Ave. to C.R. 77. seminar to view samples of MDTS. The implementation of MDT's is a Staff is also working on the design joint effort by all agencies in of sanitary, storm, watermain and Scott County and being coordinated streets for the P & V Addition which by Lt . Albert DuBois of the Scott was recently annexed and the County Communications Center. sanitary sewer main for the new St. Francis Medical Center. Commissioner of Public Safety, Michael Jordan, was the guest speaker at the Scott County Chiefs Park and Recreation of Police meeting held in New Prague. Commission Jordan discussed Byrne grant funding for drug task The annual Shakopee Showcase will be forces. held on Monday, April 17, 1995 at Canterbury Downs . The Showcase In past years Minnesota has received presents an opportunity for Shakopee approximately 2 . 5 million dollars, residents to register for various which was divided equally between summer programs including swimming education/prevention a n d lessons. Local organizations also interdiction. Byrne grants may be are present to provide information reduced, cutting MN to 1 . 8 million on various activities within our dollars. MN had considered reducing community. The event begins at 6 :30 the amount allocated for drug p.m. interdiction to 15% of that amount. This would probably put most task forces out of business, including the Southwest Metro Drug Task, which Planning serves Scott County. Officials are g relieved that law enforcement will continue to receive 50% of the BOAA Meeting 2-09-95 available funding, and the Southwest Northstar Auto Auction CUP to Relocate Structure Approved Metro Drug Task Force will survive. _ _ I _ _ 9 9 5 Ap r Meeting Schedules SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 4:30pm Public 7:00pm City 7:30pm Planning Utilities Council Commission 9 10 11 12 13 14 15 5:30pm COW 7:00pm Comm. Center Info Mtg. 16 1? 18 19 20 21 22 6:30pm Shakopee 7:00pm City 5:30pm Showcase Council Community Development Commission 23 24 25 26 ? 28 29 7:00pm Park & Recreation • (Youth Assoc. Mtg) 30 March May SM TWTF S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 1011 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 uck) H - v. a * co TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Annual Financial Report - INFORMATIONAL DATE: March 23, 1995 Council may be interested is a few statistics on the annual financial report award the city just received for 1993 . Minnesota is tied for 7th place in the total number of awards received (93) . The state has slipped from 5th place. Minnesota is behind Texas, California, Ohio, Florida, Illinois and North Carolina. Of all units between 10, 000 and 25, 000 population, 19% participate. Minnesota local units (cities, villages, townships) are in 26th place in the number of local units of government participating on a percentage basis with 2 . 67% of a possible 2, 657 units . A list of Minnesota recipients is on the reverse side. Shakopee is the only recipient in Scott County. Moorhead Albert Lea Mora Anoka Morris Anoka County Mound Austin New Brighton Blaine New Hope Bloomington North Mankato Blue Earth County North Saint Paul Brainerd Oakdale Breckenridge Olmsted County Brooklyn Center Orono Brooklyn Park Plymouth Champlin Ramsey County Chanhassen Regional Transit Board Chaska Rice County Columbia Heights Richfield Coon Rapids Robbinsdale Cottage Grove Rochester Dakota County Roseville Deephaven Saint Cloud Detroit Lakes Saint Louis County Duluth Saint Louis Park Eagan Saint Paul East Grand Forks Saint Paul Housing and Eden Prairie Redevelopment Authority Elk River Shakopee Fairmont Sherburne County Falcon Heights Shoreview • Faribault Shorewood Fergus Falls State of Minnesota Fridley Stearns County Golden Valley Stillwater Goodview Suburban Hennepin Regional Grand Rapids Park District Hennepin County Waseca Hopkins Washington County Hugo Wayzata Inver Grove Heights West Saint Paul Lakeville Western Lake Superior Sanitary Mahtomedi District Mankato White Bear Lake Maple Grove Willernie Maplewood Winona Metropolitan Council of the Twin Cities Worthington Area Metropolitan Transit Commission Metropolitan Waste Control Commission Minneapolis Minneapolis Employees Retirement Fund Minneapolis Fire Department Relief Association Minneapolis Library Board . Minneapolis-Saint Paul Metropolitan Airports Commission • Minnesota Public Employees Retirement Association Minnetonka s � eQt ofd • • ` t '• . '-- ,-:.-.--..,-,-,7, /,'.:",-,';''Z':-.'-',;%..3::;:-.7:4'.;'''''''' '-'-'''',.'''''''-' :.":'7''''''s:':''''''''.5,.;',1-: \ ' I'.i..a I 1,s,...*- //f,,,:.;_',,—,-2,-.;,:::.-,::::):17;--_).7.-„:,:'':',-,tr'....:-::1" '''--:-:' -.-'417::''.::,-:'-'....1., .'''. : - .. - ,-,. CaMC D r :1905 ` Patch MAR 2 7 .. 7 S g March 24;._19 ;" - • �.. Lindberg Ekola ` City of Shakopee y r - 129 South Holmes Street j Shakopee, MN 55379 w P ' :,-,;;,..-7 k, T ? -!--:4., : :::;.:;:,‘',...,..-,,;:,:77,--.,,,,4,.:-.Sa y • 1 4Dear Lindberg The City of Savage thanks you for4your work with the_City's AUAR'Advisory 4......-‹ anel We deeply appreciate the tune=and effort you committed to the process: `▪ sy �. K '::::''':C.-r,7'-.4':-1.--'7- .1. 4YS- ev w ' -.44;i7,;•.--..-..:5' y �" • ..,° _-.. .� '- ' :"..a {y " '' '' j' '' j �`•yam We were particularly-pleased with:the Panel's willingness to engage'in open,dialogues on the extremely;a T complexand potentially contentious AUAR issues T e process well served the City's continuing goal of tiringmg rational development to the communityµthrough communication, cgordmation, and collaborationr:,.•,.,-,:_,:-,„.,,,,-;,„ `: ,� beivveen'all of f fie interests with a stake u the future of this-area': This search foz'constructive`solutions to-,:f.':;;.....-.5,27.. ?•,,---•:-.,'::::.i'Y,t ::7,...:',7'1'-.,'� �. �vi('w::C. �.,�:. ii, ' +c'`.. �s�..4:.a r'si '!?�, u"',..ni _,- tr ._ .c s.s �" 2 � `. the e '' ,•ges,before'-oiir commuw}it r was,_Part• icuIarlyr'i�inpEessive even the tabsence o AUAR,precedents or. i $....: -ice' -1' -MN �' ►"/' ▪ `.. t�i6+tVY R.`.'i41J•4iP+hiL`.4....�e ',' L yy }r _ c `S -*c Ori F `J _ sunilar�roadmapsk for'the use of the'Advisory Panel � _, f r tom- ' U• i !.. t• ' '- - ' r r'w.� 1. .f::t,) i'Y,, '.`,f, "S' .i . f ar 4t,g .fir > j { .Y ? .} �qi fit Y'iu.+' _.4, 'r 'W i. Y{.nas-Tw t1.`f} `l�{ :: .-H ;£{ L 4 i.S •t+. p• -.y '+Y, .4.11 z .y G 'S Y 2 1 C' t. ,C4 r M -R. -. } _ : t f , e firmly believe fiat the fu Volvement of the clvisory;�Pane▪ l,has`substantially uifluenced and guided the r ,, :,,,,,,&7 -oi'the'nir 4VAR/Fen Management Plan process. The Panel's input •discussion, and debates are,::'-''''''`''larly i ' '-,..:::,.:,:,7,_-,,':,._r ,,-,,,E:.... eflecte__ d in the City's "Responses tq Public Conunentsh and(most iniporfantly, m the-"Mittgation Plan" for j ;, R ensuring environment,•-.- al protection;of the AUAR Study."area,natural resour,„ ces,-...,,,,,,,w,„e also believe.that the process will hake lasting impact by:broadening the City's awareness and incorporation of.diverse viwpoints ' in decision making about environmental_concerns It_har also created a basis for continuing communication .:that should be extremely useful to a successful resolution of▪future environmental issues We recognize;that unanimity was not• reachedtbythe Panel on all AUAR matters The Panel "agreed to disagree: on various issues and topics. In these areas the City, as the Responsible-Governmental Unit (RGU) did proceed to make decisions about the final content`of the Revised AUAR and Fen Management Plan' documents: ,,We do hope, however,,that all views were'allowe . a fair opportunity for e• xpression and that'they were accorded appropriate.respect during the.Panel process. We also sincerely Hope that you felt your participation was valuable and rewarding: Thanks againl . Sincerely Stephen P King City Administrator SPK/mc P,S.. : The`revised AUAR/Fen ana-g' eMent._Plan documents should be distributed within thenext two weeks. City of Savage •6000 McColl Drive'•(County Road 16) a Savage, Minn. 55378 ' Telephone:61 890-1045'•Fax:612-890-3815 i~1 1+1 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MARCH 15, 1995 Members in Attendance: Barry Stock, Bonnie Carlson, Gregg Hoehn, John Heald, Ken Anderson, Mark Baker, Kevin Haugen, Barb Brekke, Colleen Winter, Paul Bilotta, John Albinson. The fortieth meeting of the Scott County Economic Development Coalition (SCEDC) was called to order at 8 : 00 a.m. on February 15, 1995 at the Shakopee City Hall . I . APPROVAL OF MINUTES . Heald/Hoehn moved to approve the minutes of the February 8th, 1995 meeting as kept . Motion carried unanimously with Mr. Albinson abstaining. II . TREASURER REPORT. Mr. Stock stated that Mr. Britebach was out of town on vacation. Mr. Britebach did indicate prior to leaving that there was no significant change in the checking account balance from the previous month. III . DEVELOPMENT ACTIVITY IN SCOTT COUNTY. Savage - John Heald reported that single family housing starts during the first 2 months of 1995 numbered 17 . This is down from previous years . He also noted that the building permits for the 2 schools to be constructed in Savage have been approved. Finally, Mr. Heald noted that a 60 unit rental housing project would be constructed in Savage this summer. Scott County - Mark Baker reported that the Scott County Board of Commissioners extended the interim Development Ordinance to September 1st . He noted that the Comp Plan was expected to be submitted to the Met Council within the next 30 days . If the comp plan is not approved prior to September 1st, he expected that the interim Development Ordinance would be extended again. New Prague - Colleen Winter reported that there have been no single family building permits approved in New Prague yet this year. She did note that a 45 lot plat would be opening this spring. Ms . Winter also commented on the development of the East Gate Plaza which would include a Hardees . Ms . Winters went on to comment on several vacant businesses in the downtown area and the possibility of a new Pizza Hut occupying one of these buildings . Belle Plaine - Ken Anderson stated that Belle Plaine also has had 0 single family permits since January 1. He stated that the City Council would be considering the approval of a 60 acre preliminary plat for industrial property west of 169 . Prior Lake - Bonnie Carlson noted that housing development has also been slow in Prior Lake. She commented that there was a potential 2, 800 square foot prospect that might be locating in the Prior Lake Park this year. Ms . Carlson also _noted that Becker Arena Products would probably be considering a 9, 000 square foot expansion next year. Shakopee - Paul Bilotta stated that Shakopee is experiencing significant development interest in multi family housing projects . He noted that there is a 144 unit project proposed west of the mall . Mr. Bilotta stated that housing starts are off to a slow pace this year. Mr. Stock noted that the City continues to work on the Civic Center project . Mr. Stock also noted some of the steps the City is taking to protect the City' s use of tax incurment funds . Appraisals have also been ordered for Blocks 3 and 4 in downtown Shakopee . IV. OTHER BUSINESS Barb Brekke noted that she is replacing Kay Louis who has taken a one year leave of absence. Ms . Brekke noted that she has completed a draft educational and informational needs assessment survey for the coalition members review. Mr. Stock stated that he would like to place this item on the next agenda for further discussion. Discussion will also include possible options for distributing the survey. Colleen Winter questioned whether the coalition has ever adopted an ethics policy with respect to recruiting businesses from other communities. She stated that in her opinion that it was counter productive for one City in Scott County to solicit prospects from another City within Scott County. She felt that it was counter productive to the coalitions objective. Mr. Stock noted that the coalition has never officially adopted an ethics policy but that he concurred with Ms . Winters summary. Mr. Albinson suggested that Ms . Winter draft language that could be incorporated into a resolution to be approved by the coalition at our next meeting. V. NEXT MEETING Next meeting of the SCEDC has been scheduled for Wednesday, April 19, 1995 . VI . ADJOURNMENT The meeting adjourned at 9 :20 a.m. OFFICIAL PROCEEDINGS OF COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 15, 1995 Members Present : Albinson, Reinke, VanHorn, Miller, Morke and Amundson. Members Absent : Brandmire, Duanhauer. Staff Present : Barry Stock-Assistant City Administrator, Paul Bilotta-Senior Planner and Terri Thurmer-City Planner. Others Present : Diane Harbents, SW Metro Transit Administrator I . ROLECALL Chairman VanHorn called the meeting to order at 5 :35 P.M. The rolecall was taken as noted above. II . APPROVAL OF FEBRUARY 22 , 1995 MEETING MINUTES Miller/Morke moved to approve the minutes of February 22, 1995 meeting as kept . Motion carried unanimously. III . ECONOMIC DEVELOPMENT UPDATE Community Center - Mr. Stock stated that plans continue to progress on the Community Center project. Mr. Stock noted that a survey will be distributed to all Shakopee residents in the Mint on March 18, 1995 . Input received from the survey as well as the individual meetings that are being held with user groups will be incorporated into a final plan which will be presented to the public on April 11, 1995 . At that time project components will need to be finalized so that we can maintain the time schedule that has been set. Commissioner .Morke questioned the status of the TIF legislation. Mr. Stock stated that the City Bond Council continues to express concern that the bill will be passed with an effective date of July 1, 1995 . City Council is taking the necessary steps to insure the tax incurment funds are protected consistent with the language in the proposed legislation. Commissioner Reinke stated that he felt City Council should go back and evaluate what previous Councils have utilized tax increment funds for. He stated that he felt that TIF dollars should be allocated for the reconstruction of structure infra which is sometimes difficult to assess. Mr. Stock noted that the agreement with the Metropolitan Council for the Chaska interceptor is being amended to allow for the use of TIF funding. When truck sewer fees are collected City Council would have the option of transferring funds from the sewer fund to the City general fund to be used for other purposes such as the redevelopment of blocks 3 and 4 . Mr. Stock noted that the HRA amended to downtown grant rehab program increasing the minimum project size from $4, 000 . 00 to $10, 000 . 00 . They also established a flat 25% reimbursement amount . Commissioner Morke stated that he was disappointed with the HRA decision to increase the project minimum size. He suggested that the CDC request the HRA to reconsider. i Commissioner Miller also stated his dissatisfaction. He stated that perhaps the Commission should evaluate the impact of the increase in the minimum project size and build a case to support a future amendment to the Rehab Grant Program. Commissioner Morke stated that he felt the CDC should respond to the HRA action. The Commission members were all disappointed in the HRA decision to increase the minimum Rehab Grant Project size. It was the consensus of the Commission that the program should be monitored and that a possible amendment should be submitted to the HRA for consideration at a later date. IV. DIAL-A-RIDE SERVICE AGREEMENT Mr. Stock stated that the Dial-A-Ride contract with National School Bus expires on April 15, 1995 . Mr. Stock noted that the staff has been working with representatives from Southwest Metro to develop a program the City of Shakopee would receive Dial-A-Ride services from Southwest Metro. Mr. Stock introduced Diane Harberts, Southwest Metro Transit Administrator, to explain the efficiencies of the proposed service. Ms. Harberts noted that the Southwest Transit system has a budget of over $3 million. Southwest Metro also has fuiltime administrative staff on board that has continually evaluated, monitored and updated their Dial-A-Ride services . They have utilized technology to improve dispatching services. This has allowed in a reduction in the National School Bus personnel . Southwest Metro has also installed mobile data terminals in each Dial-A-Ride vehicle. Mr. Stock stated that the Capital Improvements that Diane mentioned in terms of computerized dispatching and mobile data terminals were funded by Southwest Metro not National School Bus . Mr. Stock stated that National School Bus had always stated that they were going to pursue that type of technology. However, National School Bus has never followed up. Mr. Harberts went on to state that the improved computerized dispatching services has allowed for major customer service improvements. She went on to state that productivity criteria can be easily measured with the new technology. The system also allows for ridership tracking. The program also assist Southwest in determining when vehicles should be placed into and out of service due to increased or decreased ridership demands depending on a days schedule. The cost for the technological improvements was substantial and the Shakopee program on its own could not afford to pursue it . Ms . Harberts when on to state that another component of the proposed service arrangement would be for the storage and maintenance of all Dial-A-Ride vehicles . Once Southwest Metro and the City of Shakopee receive their Dial-A-Ride vehicles the only thing that will need to be contracted from National School Bus or some other provider will be Dial-A-Ride drivers . Commissioner Morke questioned where the vehicles would be stored and maintained. He also questioned who would establish the Dial-A-Ride routes . Mr. Stock stated that Southwest Metro is constructing a major transit service hub in Eden Prairie. The hub will be the location for vehicle storage and maintenance. In terms of routes, Southwest Metro staff would monitor Dial-A-Ride statistics and recommend program routes to the City of Shakopee. The City of Shakopee would have final determination on route establishment . Commissioner Reinke questioned whether or not the technological improvements have increase Southwest Metro' s fare box recovery ratio. Ms . Harberts stated that prior to the introduction of the new technology Southwest Metro had a Dial-A-Ride farebox recovery ratio of approximately 12% . With the implementation with the new system, the fare box recovery ration has increased to nearly 16%. Mr. Stock noted that approximately 2 years ago the Shakopee Dial-A-Ride fare box recovery ratio was nearly 18%. When the school district changed their busing policy, ridership dropped and the fare box recovery ratio fell to a 12% level . National School Bus officials did not respond accordingly by reducing the number of Dial-A-Ride vehicle hours . Under the proposed service arrangement, this type of situation would not have occurred. Commissioner Miller questioned whether or not Southwest Metro planned to contract out with any other systems for this type of service. Ms . Harberts stated that initially there are no plans to contract out with other transit systems to provide the type of services being proposed for Shakopee. However, within the next 3 years, similar arrangements may be set up with Plymouth and the Minnesota Valley Transit System. It was the consensus of the Commission that the proposed service arrangement had many benefits and would reduce program costs and improve service efficiencies . Albinson/Miller moved to recommend to City Council that the appropriate City Officials be authorized into a Dial-A-Ride service agreement with Southwest Metro Transit Commission. Motion carried unanimously. V. HOUSING PROGRAM DEVELOPMENT Mr. Stock noted that at the last HRA meeting during the discussion of the Rehab Grant Program, the concept of developing a housing program to stimulate the rehabilitation of multi-family housing was discussed. Commissioner Miller noted that the CDC discussed this issue nearly a year ago and came to the conclusion that the City should not be involved in housing programs . In fact, he noted that the recommendation to the City Council was to establish an EDA. Commissioner Albinson stated that he didn' t really understand what the housing needs are in our community. He also questioned whether or not providing a grant program to landlords would actually improve the living conditions for tenants . He stated that in his opinion he believed the landlords would simply increase the property rent . He stated that the Downtown Rehab Grant Program improves the building exteriors and one could argue potentially increase the tax base . He went on the state that in his opinion a program for housing would do nothing more than improve the landlords income stream. Commissioner Miller stated that he did not think that there was anything new that has happened since this issue was discussed nearly a year ago. He felt that the CDC should simply recommend that this issue be dropped. Mr. Stock suggested that perhaps we should take this opportunity to evaluate all the housing needs in our community. We can use this opportunity to become familiar with not only the housing needs within our community but also the potential impact of Orfield legislation on our community. Mr. Stock state that he felt someday some of the Orfield legislation would pass . He noted that we should be prepared to address the housing needs in the event of future Orfield legislation. Chairman VanHorn stated that he concurred with Mr. Miller' s comments but that there would be value in evaluating all of the housing issues in our community so that we can address future Orfield legislation and also educate ourselves with respect to housing needs. Ultimately, however, Mr. VanHorn stated that he felt that the Scott County HRA should be responsible for the development of housing programs in our community. He felt that having city staff involved in housing was merely a duplication of services . Mr. Stock stated that staff will bring back information regarding housing issues at our next meeting. VI . RIVERFRONT DEVELOPMENT PLAN Mr. Stock stated that the Riverfront Development Plan was given to the CDC for informational purposes at this time. He stated that he would like the CDC to reevaluate their 1995 work program given the hiring of the fulltime Economic Development Coordinator. In terms of the Riverfront Development Plan, Mr. Stock felt that a presentation to the City Council would be in order at a later date. Commissioner VanHorn questioned whether or not the fill issue in Huber Park has been resolved with the DNR. Mr. Stock stated that the issue on removing the fill is still unresolved.. The City Public Works Director/City Engineer will be_responsible for meeting with the appropriate DNR officials to resolve the problem. VII . SUBCOMMITTEE REPORTS John Albinson stated that the transportation projects in I Shakopee are on schedule. Mr. Stock noted that at a earlier meeting today with the Scott County Economic Development Coalition, it was noted that housing building activity is down significantly from last years levels throughout Scott County area. IIX. INFORMATION ITEMS Mr. Bilotta responded to the adult bookstore question noted at the last meeting. He stated that the City of Shakopee Ordinance is typical of most communities . He noted that there are several ways to make it difficult to establish an adult bookstore operation in our community. Commissioner Miller questioned whether or not the current ordinance would prohibit an adult bookstore operation in downtown Shakopee. Mr. Bilotta responded in the negative. Commissioner Albinson stated that he felt there was an opportunity for the City to be proactive in establishing language within the City code to severely restrict the possibility of an adult bookstore operation in our community. Discussion ensued. Albinson/Miller moved to recommend that the Planning Commission consider an amendment to the Zoning Ordinance that would severely restrict the possibility of an adult bookstore operation in our community. Motion carried unanimously. Chairman VanHorn requested that the Christmas in May program be placed on the next agenda item for informational purposes . He noted that Christmas in May is scheduled for May 20 . IX. ADJOURNMENT The meeting adjourned at 7 :30 p.m. BUSINESS UPDATE FROM CITY HALL PLANNING: BOAA Meeting 3-09-95 Fischer Aggregates Amendment to CUP Cont'd to 4/6 James Dev. Firm CUP to place two buildings on one parcel and build three stories high Approved Classic Plus, Inc. CUP for classic auto restoration Approved John & Judy McGovern Variance to 30 ft. setback Approved Shiely Co. Annual Review Approved PC Meeting 3-09-95 City of Shakopee Comprehensive Plan Con't to 4/6 Arlington Ridge 1st Preliminary Plat Rec. Approval West View 7th Preliminary & Final Plats Rec. Approval City of Shakopee Zoning Amendment Con't to after completion of Comp Plan City of Shakopee Amendments to the new Zoning Ordinace (Ord. No. 377)Con't to 4/6 Other Business: Election of Officers Update: Downtown Riverfront Plan (WPM\DOCS\TERRIE\BUSINESS.MAR)3/13/95 # ( S TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN April 6, 1995 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of March 9, 1995, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing: Continued from March 9, 1995, meeting. To consider an amendment to a Conditional Use Permit for Fischer Aggregates. Applicant: Fischer Aggregates Action: Resolution No. PC - 713 6. Other Business a. b. 7. Adjourn Lindberg S.Ekola Planning Director Note to the B.O.A.A.Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you arc unable to attend the meeting,please call the Planning Department prior to the meeting. (0406agen.boaa) TENTATIVE AGENDA Planning Commission Regular Session Shakopee, MN April 6, 1995 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the March 9, 1995, Meeting Minutes 4. Recognition by Planning Commission of Interested Citizens. 5. Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). 6. 7:30 P.M. Public Hearing: Continued from March 9, 1995, meeting. To review the Shakopee Comprehensive Plan and to receive any public testimony. Action: Recommendation to the City Council *7. Final Plat: To consider the final plat of Arlington Ridge 1st Addition, located at the west end of existing 13th Avenue. 8. PUD Concept Review: Canterbury Downs 9. 7:35 P.M. Public Hearing: To consider amendments to the new Zoning Ordinance text (Ordinance No. 377) which was adopted on June 7, 1994. Applicant: City of Shakopee 10. Other Business a. Long Range Planning Work Program b. 11. Adjourn - Lindberg S. Ekola Planning Director Note to Planning Commission Members: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you ar unable to attend the meeting, please call the Planning Department prior to the meeting. (0406agen) MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director el, SUBJECT: Shakopee Bypass Prior Lake Watershed District DATE: April 4, 1995 NON-AGENDA INFORMATIONAL ITEMS: Please find attached to this memo, a news release from Mn/DOT in regards to County Highway 16 in Shakopee being closed next week from County Road 83 to Vierling Drive. This closure is necessary in conjunction with the new Shakopee Bypass being constructed over County Road 16. Also attached is a notice of intent to discharge water from Prior Lake from the Prior Lake Watershed District. City staff did inspect the channel on March 24, 1995 with the Prior Lake Watershed District representative and engineer, prior to allowing the discharge of water from the outlet as per the Joint Powers Agreement. The Prior Lake Watershed District is clearing trees from the outlet channel in various points to improve the flow characteristics of the channel. The district will also be dredging portions of the channel to remove sediment deposits in the area east of Dean Lake through the Hanson's Ranch area later this fall and winter. BL/pmp NON '_.`'o lJ .E .__ - - TEL 612-582-1368 _ _ Mar . 24 95 -15 :54 No .011 P .02 i- Minnesota Department of Transportation _ - -_ - - - I( 1/4a,P News Release Metro Division Phone.::612/b1j2-1000 1500 Coo ity 1-id. B2 West yj Fiosevdli:,MN 55113 , March 24, 1995 CONTACT: Mark I'auek Project Engineer FOR IMMEDIATE RELEASE (612) 341-7427 . Donna Lindberg Metro Division Public Affairs (612) 582-1366 COUNTY HIGHWAY 16 IN SHAKOPEE TO CLOSE NEXT WEEK (Roseville, Minn.) County Highway 16 from County Road 83 to Vierling Drive in Shakopee will be closed to traffic beginning Monday, April 3. Traffic will be rerouted on County Road 83, Highway 101 and County Highway 17. This closure is necessary for construction of the new Shakopee (Highway 101) Bypass over County Highway 16. Weather permitting, County Highway 16 will reopen in November. PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT Barbara Kane-Johnsondi - Administrator _ (612) 447-4166 Fax 447-4167 13 March 27; 1995+ C r0 Mr Bruce Loney Shakopee City Engineer. 129 South Holmes Street Shakopee;_Minnesota 55379 Re Notification of intent to discharge water from Prior Lake Dear Bruce. This lettei`ls wntteii as'a follow up to our outlet channel ins ection on Friday;March 24 1995 __ ..,._ g - At that ins P ectio'"wediscussed oP.enm the gates'to allow additional discharge from Prior Lake • • With the current reading of the lake level at 903:10, we will be opening additional gates afternoon,March 27 to-allow discharge according to our Outlet Operating Plant - If you have any questions,please feel free to contact me or our engineer, Dan Parks at 593-9000. Very truly::yours; Ba bara Kane Johnson • Fax Larry Anderson, City of Prior Lake cc: Pat Lynch, DNR Dan Parks,Montgomery Watson 16670 FRANKLIN TRAIL S.E. • SUITE 110 • PRIOR LAKE, MN 55372 g>e4 -4 17 To the Editor: Governor Carlson has proclaimed April 23 - 29, 1995 as Volunteer Recognition Week in Minnesota. In celebration of this week, the Shakopee Parks and Recreation Advisory Board wishes to publicly thank the many volunteers who have contributed literally thousands of hours of volunteer service to recreation in our community. Without the hard work and commitment of volunteers Shakopee would not be able to offer the broad range of programs and services that it currently provides. The Parks and Recreation Board appreciates the dedicated efforts and generous spirit of our volunteers, and believe that their significant contributions make our community a better place to live. Thanks volunteers! Parks and Recreation Advisory Board, City of Shakopee Paul TenEyck Paulette Rislund 445-5473 445-3084 Anne Seifert John Tieben 445-0633 496-1521 Steve Johnson Judy Salchow 445-5346 496-0972 Dolores Lebens 445-1532 • # I _ l WILLA! SHAKOPEE March 31, 199,5 Marion Schmidt 14275 Marystown Road Shakopee, MN 55379 RE: Township Recreation Contribution Dear Ms. Schmidt : Earlier this year the City of Shakopee and Jackson and Louisville Townships agreed to a township recreation contribution policy. The policy specifies the contribution amount for Jackson and Louisville Townships in 1995 . The policy also specifies that beginning in 1996, the townships will pay the City $10 . 00 for each recreation activity that their residents participated in during the previous calendar year. Enclosed is an invoice in the amount of $1,479 . 00 . This invoice represents Louisville Township's contribution for recreation activities for calendar year 1993 . I have also enclosed a complete list of recreation program participants for Louisville Township for calendar year 1994 . Note that 192 Louisville Township residents participated in City of Shakopee programs in 1994 . This equates to a 1996 contribution in the amount of $1, 920 . 00 . In February of 1996, the Townships will be sent an invoice for this amount . At that time, a list of 1995 township participants will also be provided to determine the township contribution amount to be paid in 1997 . If you have any questions or require additional information, please feel free to call me at 445-3650 . Sincerely, • Barry A. Stock Ass't City Administrator/ Community Services Director Enclosure cc : Louisville Town Board COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 5 53 79-1 35 1 • 612-445-3650 FAX 612-445-6718 * lc 1995 CITY NEWSLETTER SCHEDULE NEWSLETTER#1 NEWSLETTER#2 NEWSLETTER#3 Editorial Board Finalizes Newsletter 4/3/95 5/16/95 9/28/95 Articles Departments Submit Articles to Ass't City Administrator 4/12/95 5/19/95 10/3/95 (Editor) Editor Submits Copy to 4/12/95 5/25/95 10/6/95 Parkside Parkside submits Copy/Proof 4/13/95 5/31/95 10/12/95 to City City Submits Revision to 4/13/95 6/1/95 10/12/95 Parkside Parkside Submits Final Proof 4/14/95 6/2/95 10/13/95 to the City and City OK's Parkside Delivers to Post Office 4/17/95 6/5/95 10/17/95 Post Office Delivers 4/20/95 6/9/95 10/20/95 Article Items 1995 Budget Derby Days Calendar Parking Q&A-Fences Valleyfair Civic Center 53-S Service SW Metro DAR WiLL=AI SHAKOPEE March 29, 1995 Dear Hockey Enthusiast: On behalf of the City of Shakopee I am pleased to announce that the Shakopee Civic Center Project is now under construction. The facility is located just South of the Shakopee Senior High School. The project components include a gymnasium, gymnastics room, wrestling room and last but not least, an ice arena. We fully anticipate that the ice arena will be available for the 1995/1996 skating season. Our anticipated opening date is November 1, 1995. The City of Shakopee is pleased to offer this facility to not only our residents, but to the wide variety of skating users throughout the metropolitan area. At this time, I am only contacting hockey associations within a close proximity to our community. I would like to offer your organization an opportunity to become a regular facility user. We project that our prime time hourly rental rate will be between $100 and $110 per hour. Non-prime time hours will be available at a rate between $65 and $85 per hour. If you are not the appropriate individual within your association that is responsible for scheduling hours, please forward this correspondence accordingly. Once the Minnesota State High School League has finalized their 1995/1996 playing schedule, the City will be ready to reserve space for your association. If you might be interested in our facility, please call me at 445-3650. Sincerely,:Kt)/4 rte. Barry A. Stock Ass't City Administrator/ Community Services Director BAS:trw CONIMUNTIY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 -i(af MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: March 28, 1995 RE: Indian Law Matters For some time now I have been attempting to locate an attorney who could assist the City in legal matters relating to Indian law. The "best" way to obtain an attorney is to find one who is strongly recommended by several others. I have found several who are recommended by one or another associates, but most of these represent an Indian tribe . I would prefer to find one who does not . Of the remaining attorneys who have been recommended, none seem to be recommended by more than one person. In order to find someone to assist Shakopee, I am recommending that we proceed to interview several of the attorneys who do not usually represent a tribe. Dennis Kraft and I will begin the process shortly. This is for your information. If anyone has questions or concerns regarding this, please let me know. SignedA-71_ r'j�/ Karen Mart , City-Attorney KEM:bjm G` [24MEMO] 4,70.2 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director bk.) SUBJECT: Vierling Drive from County Road 79 to County Road 77 DATE: April 4, 1995 INTRODUCTION: This memo is an update on the Vierling Drive Project in which a public hearing was held on March 21, 1995. BACKGROUND: The main issue with the proposed Vierling Drive Project is the assessment of the box culvert crossing necessary for Vierling Drive to cross the Upper Valley Drainage ditch. The petitioner of the project, Gold Nugget Development, is trying to reopen the right-of-way cooperation process with Mn/DOT and will need additional time to receive an answer from Mn/DOT. Per Horst Graser, of Gold Nugget, the developer would like to hear Mn/DOT's position on possible mandamus action for a box culvert crossing which may consider severance changes after the fact. Staff talked to Mn/DOT appraisal personnel and it was indicated that Mn/DOT would review this right-of-way acquisition and determine if additional damages should be considered. Staff is hoping that additional information will be available by the April 18th Council meeting. BL/pmp VIERLING Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Draft 1995 Shakopee Comprehensive Plan Date: April 3, 1995 NON AGENDA INFORMATION ITEM: The Planning Commission will be reviewing the draft Comprehensive Plan at their Thursday, April 6, 1995, meeting. The location of the future MUSA expansion areas and the Shakopee/Burnsville School District boundaries are the two major issues facing the Planning Commission. Representatives from ISD 720 will be making a presentation on the school district boundary issues at the Planning Commission meeting. With regards to the MUSA expansion issue, staff has provided copies of the draft Comprehensive Plan to representatives from Jackson and Louisville Townships as well as Scott County and interested property owners. Staff has met with some of the property owners and their representatives to discuss the concepts presented in the draft Comprehensive Plan. The meetings have been helpful in building better understandings by both City staff and property owners. Although a complete consensus has not been reached, the revised Comprehensive Plan, which incorporates the suggestions from the Committee of the Whole on the working relationship between the City and the Townships, appears to have further narrowed down the issues. Based on the revisions incorporated into the draft plan and the input from the school district, the Planning Commission Chair and staff anticipate that the Planning Commission should be able to complete their review of the Comprehensive Plan at the April 6th meeting. Since City Council has reviewed the Comprehensive Plan at several stages of its development, staff would like to schedule the draft Comprehensive Plan on the April 18 City Council Agenda. The alternatives available to the Council at that meeting would include the following: 1. Approve the Comprehensive Plan as recommended by the Planning Commission. 2. Revise the Comprehensive Plan as appropriate and then approve it. 3. Return the Comprehensive Plan to a Committee of the Whole meeting. Following approval of the draft Comprehensive Plan, the City Council will need to direct staff to submit the plan to the Metropolitan Council for their review. Copies of the draft plan will be formally distributed to affected governmental agencies as required by state law at this same time. Page Two Draft 1995 Shakopee Comprehensive Plan April 3, 1995 Staff would like to pursue this course of action for the approval of the Comprehensive Plan unless otherwise directed by the City Council. If members of the City Council have any questions, please call me or Dennis Kraft at 445-3650. Thank you. (g:\msoffice\winword\shelly\compplan.cc) T `M Memo To: Shakopee City Council _ From: Lindberg S. Ekola, Planning Director RE: Long Range Planning Background Information and Met Council Review Procedures Date: February 28, 1995 NON AGENDA INFORMATION ITEM: Shakopee Long Range Planning History Exhibit A lists the major planning efforts undertaken by the City of Shakopee over the past 40 years. Clearly, the City has established a strong reputation for planning its future. Exhibit B illustrates the most recent long range planning efforts. The 1990 Comprehensive Plan prepared by BRW was completed in June of 1991, and submitted to the Metropolitan Council. After the submittal of the 1990 Comprehensive Plan, a four part approach was developed by the City to further analyze specific topic issues. These in depth studies or plans were pursued to better answer questions facing the growing city's needs or address issues with agencies such as the Metropolitan Council the Department of Natural Resources or the Pollution Control Agency. The 1995 Shakopee Comprehensive Plan is a beneficiary of the more detailed planning studies prepared since 1990. Staff has worked to incorporate knowledge from these planning studies directly into the 1995 Comprehensive Plan. It is anticipated that in the next several years additional planning studies should be considered or will be required to address other topics. For example, the Metropolitan Council will be requiring that each municipality prepare a water plan. Shakopee Public Utilities Commission (SPUC) will take the lead on this planning effort. Information from the 1995 Comprehensive Plan will be provided for this water study. Additional planning studies should be developed for a more detailed analysis of the City's park and recreation needs. Metropolitan Council Procedures and Submitals Exhibit C is a flow chart illustrating the Metropolitan Council's Comprehensive Plan review process.. The 1995 Shakopee Comprehensive Plan represents a major amendment. State law established the 90-day maximum review period for major amendments. Exhibit D is a list of the three planning documents to be submitted to the Metropolitan Council by the City of Shakopee in the next month. The three plan amendments are independent but also related. Staff has been building dialogue with various Metropolitan Council staff members over the past several months to facilitate the plan review processes for these amendments. - EXHIBIT A Long Range Planning Inventory City of Shakopee, Minnesota February 21, 1995 1960 COMP PLAN 1967 Valley Industrial Park Analysis 1970 COMP PLAN 1972 Comprehensive Sewer Plan 1974 Sewer Capacity Report 1975 West Side Sanitary Sewer Report 1975 West Side Stormwater Report 1980 COMP PLAN (City Staff, Suburban Eng.) 1982 Infiltration Inflow Analysis (Bonestroo) 1984 Downtown Plan (Westwood) 1986 Racetrack District Study(Hoisington) 1990 COMP PLAN (BRW) 1991 Electrical System Study (Beck) 1992 Citywide Sidewalk Trail Plan (City Staff) 1992 Comprehensive Water Plan (Schoell Madsen) 1992 Comprehensive Sewer Plan (SEH) 1993 Comprehensive Stormwater Plan (OSM) 1993 Chaska Interceptor Agreement - Land Supply/Demand Analysis (City Staff) 1993 East Shakopee Area Transportation Study - City wide Growth Analysis (City Staff) 1994 Trunk Sewer Policy Development (City Staff) 1995 COMP PLAN (complan.pd) • g. 'y� n W' n ; &; :; r� v+v ��, h y ';#C ;'•iiiitIti• 11,1f....r.:41 4,-..6: 1 '..,1' , •-,0,ki4 , , Xxt•;,;•'•4•45•,, 0,'"Jtiti -;•:14t,', '.'i ''•:'.,:" '''4't,:*'.14 t.'4i ' 3 '"sa'�+Ft1` 4.:3.4""'"'''Rt&s IidP' k„ .ii,,,;le Okf•r4fiv•;.;•„' '0i,,,,„. ' SII:' !)r O' �, _ _..— - 4 O� cu as • %woo -2 s- U O. Or U ff ; dkY ChF� 4 ,F i 4r yr �jth�' ee a ,,,5. !:1P.t'4k S 1 ' y, J ` fad ro ' , Lr'r u 4�9 id�C •�} •i+' is,•q't) Mt 'j:4 F 11 AI � � gig` " P ,. • '1:k., >i t•. ) ° E _, r t M C ' N; NO> , • 8 • C ', r r6; �.' , �t EXHIBIT C Co co I . W c . U E -- 3 o 0 ' 18 OC cu I . 0.. cc p # U j III 12 ca 1 Wocc 0) CC p o Z Q �. Q 2 73 U � .....iCL L m O o C y —I . 0 O C . _ Z cr C C ° E 4.+ Co E I C Z c C — o : m Q u' m v, . - c6 U 4) CI '*c z° co i►� oo pL m - m p -- Cr) coW Z1 ° Z EXHIBIT D Met Council Submittals City of Shakopee, Minnesota February 28, 1995 Rahr Comp Plan amendment *Amendment to the 1980 Comprehensive Plan- City Council approved *Tier 1 document *Submittal items: 1. Cover letter 2. Policies 3. City Council Memos/Resolution 4. Facility Plan (per March 11, 1992 Met Council letter) *Issues: 1. No reduction in capacity or to Blue Lake Treatment Plant or allocation to Minnesota River 2. Financial assurance private plant will not be a MCOW liability *Time frame: Submit March 1, 1995. NPDES permit application to be submitted by Rahr. Comprehensive Sewer Plan (SEH) *Recommended task from 1990 Comprehensive Plan *Tier II document *Submittal items: 1. Cover letter 2. City Council Memo/Resolution 3. SEH Comp Sewer Plan (revised 1/24/95) 4. River Trunk Feasibility Report *Issues 1. L-16 design - 3700 gpm vs. 3200 gpm? 2. Reduction in River Trunk I/I - Methods, Cost 3. Staging too generalized - 4. On site septic systems - Inspection , maintenance of existing septic systems *Time frame: Submit first three submittal items March 1. Submit the River Trunk Feasibility Study after it is completed. 1995 Comprehensive Plan *Major amendment to replace the 1980 Comp Plan *Tier I document - - *Submittal items: 1. Cover letter 2. 5 copies of the 1995 Comp Plan 1 3. Attachment - Responses to_Appendices A- G P Comprehensive Plan Amendment Package 4. Attachment - Responses to the Chaska Interceptor Agreement *Issues 1. Projections 2. Land Supply 3. Land Demand 4. Amount of requested MUSA 5. Staging Concepts 6. Regional transportation system inspects 7. Scott County Highway Department opposition to the East Dean Lake area MUSA expansion proposal due to differences on land values for future CR 21. 8. Burnsville School District extending into the eastern Shakopee area which includes a portion of the property owned by Shakopee Crossings. *Time frame: Submit after City Council approval (g:\office\wpwin\wpdocs\shelly\mcsub.com) 2