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04/18/1995
TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA April 18, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 p.m. 2 ] Approval of Agenda 3 ] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7 ] Approve Minutes of March 21st, 1995 8] Communications: a] Bill Koniarski - presentation of plaque b] 9] Public Hearings: None 10] Recommendations from Boards and Commissions: *a] Type B Nonconformity Regulations Zoning Text Amendment - Ord. No. 412 11] Reports from Staff: *a] Civic Center *b] Award Bid Package #1 for Civic Center Project c] Temporary Signal at CR-18 and TH-101 - memo on table *d] Computer Upgrade for Fire Department *e] Completion of Probationary Status - Tami Vidmar *f] Completion of Probationary Status - Barb Potthier *g] Declaring Surplus Property *h] Property Tax on City Property *i] Approve Bills in the Amount of $322 , 311. 88 *j ] Tractor and Mower Purchase TENTATIVE AGENDA April 18 , 1995 Page -2- 11] Reports from Staff continued: *k] Antifreeze/Coolant Recycler 1] Release of Sidewalk Agreement m] Draft 1995 Shakopee Comprehensive Plan *n] Resignation of Planning Director Lindberg Ekola 12] Resolutions and Ordinances: *a] Res. No. 4208 - Setting Hearing For Vacation of Easement *b] Res. No. 4209 - Amending the 1995 Fee Schedule *c] Res. No. 4210 - Declaring Cost to be Assessed and Setting Public Hearing on VIP Interceptor Extension, Project 1992-9, And The Rahr Service Line, Project 1994-8 *d] Res. No. 4211 - Receiving Report and Setting Public Hearing on Improvements to Fuller Street from 10th Ave. to Vierling Dr. , 1995-8 *e] Res. No. 4212 - Appointing Commissioners to Economic Development Authority *f] Res. No. 4209 - Amending 1995 Fee Schedule *g] Ord. No. 413 - Rezoning Valleyfair to PUD District No. 1 13] Other Business: a] b] c] 14 ] Recess for Executive Session to discuss labor negotiations and matters permitted by the attorney-client privilege. 15] Re-convene 16] Adjourn Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: April 13, 1995 1. Attached is the Building Activity Report for March 1995. 2. Attached is a memorandum from the City Attorney regarding Shiely Water Use. 3. The League of Minnesota Cities has scheduled their 1995 Annual Conference for June 13-16 at the Duluth Entertainment Convention Center. If you would like more information regarding this conference please contact Toni at City Hall. 4. Attached is a memorandum from the City Attorney with March Charts. 5. Attached is a copy of correspondence from the Mayor to Mr. Bert Notermann regarding the Partnership: Shaping the Future of Health Care campaign. 6. Attached are the Revenue and Expenditure Reports as of March 31, 1995. 7. Attached is the monthly report form the Engineering Department. 8. Attached is the Police Newsletter for Council review. 9. Attached is a memorandum from the Planning Director regarding sidewalks? 10. Attached is the Fire Department Newsletter for Council review. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MARCH 1995 March 1995 March 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 8 13 1, 210, 469 15 32 2, 874, 270 Single Family-Septic 1 2 471,432 4 4 777,887 Multiple Dwellings 1 2 1, 050, 209 - 1 332,404 (# Units) (YTD Units) (8) (16) - (-) (4) - Dwelling Additions 9 9 37, 168 3 3 27, 100 Other - - - - 1 300, 000 New Comm. Bldgs - 1 90,000 - 3 340, 000 Comm. Bldg. Addns. - 1 35, 000 - 2 250, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 2 2 25, 600 1 2 14, 080 Signs & Fences 6 10 24,480 8 11 9,294 Fireplaces/Wood Stoves 2 3 4, 200 2 5 10, 913 Grading/Foundation 2 2 348, 000 2 3 29, 200 Moving - 1 - - 1 - Razing 8 9 25, 035 - 1 1, 000 Remodeling (Res. ) 11 19 124,735 6 10 52, 344 Remodeling (Comm/Ind. ) 4 10 444 , 068 3 10 426, 000 TOTAL 54 84 3 , 890, 396 44 89 5,444,492 No. YTD. No. YTD. Electrical 52 110 29 76 Plumbing & Heating 32 78 32 70 Total dwelling units in City after completion of all construction permitted to date 5, 225 N % CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MARCH, 1995 11028 Kim Nystrom 1135 East 1st Avenue Remodel 2,500 11029 Stephen Lannon 1676 Primrose Lane Remodel 5,909 11030 Richard Krebs 1291 Diamond Court Remodel 6,441 11031 Conklin Company 551 Valley Park Drive Block Walls 5,000 11032 Charles Poirier 808 Larkspur Court Remodel 8,454 11033 David Nummer 1235 Sage Lane Remodel 9,804 11034 David Lindsay 1065 Swift Street Garage 16,640 11035 Ames Construction 8855 13th Avenue East Demo 100 11036 Ames Construction 3140 Eagle Creek Blvd. Demo 100 11037 Ames Construction 1262-1268 C. R. 18 Demo 100 11038 Viereck Fireplace 1204 Dakota Street Fireplace 1,200 11039 Doug Loebertmann 1427 Prairie Lane Remodel 7,500 11040 Danny's Construction 3549 Eagle Creek Blvd. Demo 15,000 11041 Novak Fleck 289 Alexander Court House 92,324 L 15 B 3, Meadows West 1st 11042 Soft Touch Demolition 838 Dakota Street Demo 635 11043 Novak Fleck 1442 Sage Lane Deck 1,500 11044 Dahlen Sign 135 S. Atwood Sign 2,650 11045 G. J. Juergens 620 County Road 78 Porch 10,000 11046 Kraus Anderson 1455 St. Francis Avenue Grading 300,000 11047 McKnight & Assoc. 567 Vista Ridge Lane House 200,000 L 4 B 1, Westridge Lake Estates 11048 Robert Walker 1402 Sage Lane Deck 1,680 11049 Dana Lehto 2145 Heritage Drive Remodel 9,119 11050 Lawrence Sign 232 So. Marschall Road Sign 3,000 11051 David Schmitt Const. 1225 Miller Street Deck 1,176 11052 M & S Roofing 600 Valley Industrial Blvd. So. Reroof 304,000 11053 Jason Steffens 1347 Primrose Lane Remodel 8,158 11054 Craig Hallett 1035 So. Van Buren Fence 950 11055 Rich Logeias 1685 Dalles Drive House 130,405 L 9 B 1, Parkview 1st a w 11056 Canterbury Park 1100 Canterbury Road Remodel 17,368 11057 Novak Fleck 349 Alexander Court House 84,984 L 12 B 3, Meadows West 1st 11058 Darwin Asmus 1112 Polk Street Remodel 3,378 11059 John Klingelhutz 504-518 Roundhouse Street Condominium 525,101 L 3 B 1, Prairie Bend 1st 11060 Ames Construction 1260 County Road 18 Demo 100 11061 Dick Hennes 915 Sibley Street Addition 15,900 11062 Paul Rand 516 Mint Circle Fence 975 11063 David Schmitt Const. 1245 Miller Street House 122,978 L 12 B 1, Parkview 1st 11064 Archadeck 1282 Granite Court Deck 2,800 11065 Prestige Contractors 8574 McGuire Court Remodel 8,250 11066 Ames Construction Shakopee. By-Pass Project Grading 48,000 11067 Benchmark Homes 1434 Monarch Street House 99,460 L 3 B 3, Homestead Ridge 1st 11068 Novak Fleck 269 Alexander Court House 85,309 L 16 B 3, Meadows West 1st 11069 Terry Prochaska 1367 Primrose Lane Deck 2,240 11070 Cornelius Furst 427 East 5th Avenue Remodel 1,500 11071 Timothy Pommier 1683 Sage Lane Deck 1,372 11072 Twin Cities Sign Images 444 East 1st Avenue Sign 1,000 11073 Novak Fleck 384 Alexander Court House 75,614 L 9 B 3, Meadows West 1st 11074 Cy Carlson 1013 So. Market Steet Garage 8,960 11075 Canterbury Park 1100 Canterbury Road Temp. Signs 130 11076 Mark Neu 933 Goldenrod Lane Remodel 7,410 11077 Tom Diethelm 3401 Eagle Creek Blvd. Demo 4,000 11078 Ames Construction 3401 Eagle Creek Blvd. Demo 4,000 11079 Allied Fireside 1259 Ruby Lane Fireplace 2,000 11080 Novak Fleck 364 Alexander Court House 81,636 L 8 B 3, Meadows West 1st 11081 Ken Hennes 1104 So. Legion Street Deck 500 Total: $2,349,310 ,%- MEMORANDUM TO: , Lindberg Ekola, City Planner FROM: Karen Marty, City Attorney DATE: April 3, 1995 RE: Shiely Water Use You asked whether legislative approval is required prior to appropriation of more than 2, 000, 000 gallons per day of groundwater by Shiely. The answer is no. Under the general rule, this much water cannot be diverted without legislative approval . A water use permit . . involving a diversion of waters . . . may not be granted or approved until : (1) a determination is made by the commissioner that the water remaining in the basin of origin will be adequate to meet the basin' s water resources needs during the specified life of the diversion project; and (2) approval of the diversion is given by the legislature. Minn. Stat. Sec. 103G.265, Subd. 2, a copy of which is attached. However, a "consumption" of the water is allowed under Minn. Stat. Sec. 103G.265, Subd. 3 . That subdivision requires the approval of both the commissioner and the legislature for a water use permit, except for certain uses, including "construction and mineland dewatering" . This is the language to which you were referred. Although the approval of the legislature is not required for mine dewatering, the approval of the commissioner still is required. The criteria for his approval are set forth in the statute, and require the commissioner to determine that "the water remaining in the basin of origin will be adequate to meet the basin' s water resources needs during the specified life of the consumptive use" . The reports we have so far indicate that, if the consumptive use is simply dewatering, there may be adequate water for that and all other uses for the next 25 years. If, however, the consumptive use includes providing water for Savage, with an unlimited life for the use, then there is not adequate water. We will want to be prepared to sue the commissioner if he determines I that there is adequate water. Please keep me apprised of the commissioner' s decisions, as you are made aware of them. Signed //, f K4-2 ) aren Mar , y;'Attorney KEM:bjm [3MEMO] Attachment cc: Dennis Kraft a • a+F fc WATERS OF THE STATE WATER 1 excluding industrial and commercial uses of origin(1) first priority, domestic water supply, that meets the contingency planning the . municipal water supply, and use for power production ` provisions of section 103G.285, subdivision 6; p of r.'` (2) 9ubd 3 5 ('L) second priority, a use of water that involves consumption of less than 10,000gallonsprovidez • water per • day; and processing of agricultural products involving (3) thud Priority, agricultural irrigation, average 10,000 gallons per day; ' consumption in excess of provided for in the contingency (1) a commiw - • riority, power production in excess of the use p � (4) fourth p origin plan developed under section 103G.285, subdivision 6; of prod the agricultural irrigation, processing agricultural da and °`t (5) fifth priority, uses, other than allons pe Y.; _ (2).�6 production, involving consumption in excess of 10,000 g a acts, and power p ro) (6) sixth priority, nonessential uses. 1;7:4-: ° (b) For the purposes of this section,"consume tion"•means water withdrawn from a supply • use ha(13 L that is lost for immediate further use in the area. of flood flows and SU Or and use of surface water from streams during periods for use, ( a (c) wAppropriation high water levels must be encouraged subject to considerationriating waterhe purposes (3)2) c quantities to be used, and the number of persons app p (d) Appropriation and use of surface water from lakes of less than 500 acres in surface area (4) 1 - must be discouraged. • (5) j x (e) The treatment and reuse of water for nonconsumptive uses shall be encouraged S� " Piller : (f) Diversions of water from the state for use in other states or regions of;the United cow States or Canada must be discouraged. Laws 1990, c. 426, art 1, § 13; Laws 1993, c. 186, § 1 • the G= '41 c. 391, art 7, § 25. Amended by • wages. Laws 1990, Historical and Statutory Notes _' redundant, conflicting, and superseded provisions, grant' ' ''' 1990 Legislation and make technical corrections. maw Laws 1990.c.426,art. 1,§ 13 amended § lOb: the G > _ '1 41,subd•la,which Vas repealed by Laws 1990,c. 1993 Legislation staff •` 1:! ar.(a),shifted nones ` ed1,a recodificationsionof water law which�o The 1993 amendment,in p • :i ed this section, which is derived from repealed water supplies from the fifth apriorityift § 13 sential uses of public t J amended the fifth Laws oof appropriation r priationalnd use priority in cl.(5)to the newly created sixth and e ,' { the priority PP Pd3) :,'.'l substituting a reference to § 105.418 in cl.(6),and substituted . beed" with et to thencouraged"for ( water by the revisor of stat- "shall be discourag {'``: (translated as § 103G291wateby cation) for ment and reuse of water for nonconsumptive uses �) utes to reflect the water law recodification) of in par. (e)• • j_ ;I § 105.518,subd• 1. This amended fifth priority C gen '.! former § 105.41, subd. la was my s tuted s d in this Prior Laws: • a aw „i section for a former 7,priority which had read: St 1989 Supp•, § 105.41,subd. la. • PeO Laws 1990,hc.o t3y1, arte § consump- Laws 1989,c•356, § 50. r o r "(5) fifth priority, other uses, involving rc 1 tion in excess of 10,000 gallons a day."• Laws 1989,c.,335,art. 1, § 126. the I ate;;.T' - Laws 1990, c: 426 was a revisor's bill which by Laws 1989, c.326, art 4, §§ 1 to 5• t deck • `" r its title purported to correct erroneous,ambiguous, a t 2, § 1 clams 1 Laws 1987, c•229, :; and omitted text and obsolete references,eliminate , supplymanagement • 10Subdi. Water1. Ass 1 The commissioner shall develoseasonal and requue manage ter for { • . �, _ ton 1. Assurance of supply.l �� ' resources to assure an adequate supply to meet long-range navigation, '. 1�[ "' agricultural, fish and wildlife,recreational,power, domestic, municipal,industrial, a.� l[r ` s and quality control purposes from waters of the state. A water use permit or a ".. i Subd. 2• Diversion greater than 2,000,000 gallons per day a ofwatersa permit or the commissioner's approval,involvingdiversion a place outside sect •;';1, -.-,,,.:� t plantae of moreires a gallons per day average in a 30-day period, T not be granted or approved °���r the state of than 2,000,000 within this state may '. t • �, of this state or from the basin of origin , . he until: 4()8 • z ; 1�3 ; z4. F -,..L.-t--7".:-,)- � k+f 1, rH ,. ; ca STATE WATERS OF THE STATE § 103G.265 1 uses of (1) a determination is made by the commissioner that the water remaining in the basin of planning origin will be adequate to meet the basin's water resources needs during the specified life of the diversion project; and gallons of (2) approval of the diversion is given by the legislature. Subd. 3. Consumptive use of more than 2,000,000 gallons per day. (a) Except as involving provided in paragraph (b), a water use permit or a plan that requires a permit or the commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per day itingency average in a 30-day period, may not be granted or approved until: (1) a determination is made by the commissioner that the water remaining in the basin of ral prod- 1; origin will be adequate to meet the basin's water resources needs during the specified life of day; and the consumptive use; and (2) approval of the consumptive use is given by the legislature. a supply (b) Legislative approval under paragraph (a), clause (2), is not required for a consumptive use in excess of 2,000,000 gallons per day average in a 30-day period for: lows and (1) a domestic water supply,excluding industrial and commercial uses of a municipal water for use, supply; . (2) agricultural irrigation and processing of agricultural products; face area (3) construction and mineland dewatering; (4) pollution abatement or remediation; and .ouraged. (5) fish and wildlife enhancement projects using surface water sources. United Subd. 4. Diversion or consumptive use from Great Lakes greater than 5,000,000 gallons per day. (a) A water use permit or a plan that requires a permit or the 186, § 1. commissioner's approval,involving a diversion or consumptive use of waters of the state from the Great Lakes water basin within this state where the diversion or consumptive use of waters would be more than 5,000,000 gallons per day average in a 30-day period, may not be granted or approved until: rovisions, (1) the commissioner has notified and solicited comments on the proposed diversion or • consumptive use from the offices of the governors of the Great Lakes states and premiers of the Great Lakes provinces, the appropriate water management agencies of the Great Lakes ed nones- states and provinces, and the international joint commission; 1 the fifth (2) the commissioner has considered the comments and concerns of the offices, agencies, h priority and commission to which notice was given under clause (1); and aged"for he treat- (3) the diversion or consumptive use has been approved by the legislature. )tive uses • (b) If an objection is made to the proposed diversion or consumptive use by an office, agency, or commission to which notice was given under paragraph (a), clause (1), the commissioner must convene a meeting with the affected office, agency, or commission to investigate and consider the issues involved, and to seek a mutually agreeable solution to be recommended to the commissioner. In making a final decision on the approval of a permit or plan subject to review under this subdivision, the commissioner shall consider the record of the meeting and the recommendation. The commissioner must send notification of the final • decision to each office, agency, or commission to which notice was given under paragraph (a), clause (1). Laws 1990,c.391,art.7,§ 26. Amended by Laws 1990,c.406,§ 1,eff.April 6,1990; Laws 1993,c. 186, § 2. e water •nts for Historical and Statutory Notes igation, 1990 Legislation par. (b) exempted from the legislative approval Laws 1990,c.406,§ 1 amended§ 105.405,subd. requirement construction dewatering and pollution nit or a 3, which was repealed by Laws 1990, c. 391, a abatement or remediation. aters of recodification of water law which also enacted this 1993 Legislation outside section,which is derived from repealed § 105.405. The 1993 amendment,in subd.3,par.(b),includ- pproved 7 The amendment was incorporated into subd. 3 of ed mineland dewatering in el.(3)and added el. (5), this section. Laws 1990, c. 406, § 1 in subd. 3 in relating to fish and wildlife enhancement projects. 409 { 44 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 13, 1995 RE: March Charts Attached are the charts for March, showing prosecution activity. For the first time since we started keeping records, we have a downwards trend in court appearances. This enables Mark to spend more time in the office more fully developing the criminal files and handling a few civil legal matters. If you have any questions about these, please let me know. 9 Signed i At • Karen Marty, itAttorney KEM:bjm [13CCL] Attachments cc : Chief Steininger % rn rn % rn \j ° I !!IIgU•° ° -1 CID LU . 0 W •„„„„,„„„„„„„„,„"„„„, 0 U -> Z ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,i ,,,,,,,i,,,,,,i ,i,,,,,,,, O ....,,,,,,,,,,,,,,,,............ z < WM - 160 CC ,///////////,/,.////////////////////////////////// < W Limi LEM 0 CES -,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,#,,,,, J ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„r,,,- Q 0.. a)CL. ..,. i I . J < 'I . C MO O O - CC 2 • i . } D co i. O ,,,,„,,,r,,r,,,,,,,,,,„r,rr,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,- Q ,,,,,,,,,,,,,,,,,,,,,,,,,,, I . CL I0 u r 1„I I I i ll`iiVii illl`i'' 1 l'il) lllllllllllllll ll) QQ JWI m W .. LL \ l illE ' Q I— , 0 HIM O O 0 0 0 111 0 N 0 CO (D NI* N S3ONVE1V8ddd JO H188Wf1N Ni" CA -•'. 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I,too, am excited about the new campus and believe it will be a great benefit,not only to Shakopee,but also to all the surrounding communities. I am impressed with your aggressive planning to cope with the revolution that is occurring in health care, and I endorse your efforts to shape new deliverysystems through the results of the Partnership: Shaping the Future of Health Care campaign. Most importantly, I applaud your plan to enhance your presence in the community through professional alliances and a more modern physical plant. Please inform your volunteer workers and prospective donors that I fully endorse your plan for the new medical campus with St. Francis at the center of it. Sincerely, szVcX4/1/t.sfr Gary Laurent Mayor of Shakopee COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 W to WWWWWWW U WWWWWWWWWWWWWWW to WWWW 'rJ 0 4% Cl W W CO W W W W Cl NNNNNNNN N N N N N N N Cl NNF-' H C W , 'R0 W TUi1Aa/ & as as W •101Uial. az. aAar. .A1PNNNNNN W 1% 000 Z G 4% H N N CO 01 W N H H O O O Ui .P co N N O co co H O to N H O aP N O 0 trJ HX0H0 � 0Ct4 FA C0CD G >tt" 030 > t CnPO / Cl14EnG) tli0W 0En < 0 F. H ;UHHHH )0 n DiV] yn i Xt" ny x1c4C) r GSC) hi C7 'z H tr] tl] t1 n t" t" • t" tri 1 G) '-3 W b ',U O 74 tz1 �H�rr H �i H tii t4 —., DI0-3H �' tiJCrJ H znHR, pi FA Fi W4" HH � 'ri '4J 9S 4 t" r)) H tnri CO) H Cxi HHHHx t4 ODJO u) nnGI4) tnHnt" pipi OJ t7P, K z ;U H O t+JC7C70 � � tom+] UJ [�rJZHHr � [ro=JtrorJtzrJt" tztltn+7 C) Cl) .�Cbtl] �H! pi H H G' 'f4 Cl) C CAHCrJCribbX �1 V) 1-1mzxx 'yz X t" H C tri tJXH Cl) zz1XtrJDiXEnC) tnHH Pi H O C+J C) f4 R". 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H H N II 11 II 03 ro H >Ct11 II ro 7o ro U II tr1n W II 1-' 11 z u u CJ m I 1-3 I Co• II d 1.1 II o 11 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR MARCH, 1995 Respectfully Submitted /Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I-Projects Under Construction 1. Upper Valley Drainage 9/93 7/29/94 99% See Narrative Section 2. Pierce Street 6/94 7/94 50% See Narrative Section 3. 1994 Sidewalk Program 7/94 9/94 90% See Narrative Section 4. Vierling Drive,Adams St. 7/94 9/94 80% Asphalt Base and Curb Complete to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 30% Category ll-Projects In Design 1. Downtown Alleys Redesign 6/93 1/95 100% See Narrative Section 2. Sarazin(Viking Steel Rd.) 7/94 9/94 100% See Narrative Section 3. County Road 16 Utilities 7/94 11/94 90% OSM Doing Design 4. Alley in Block 51 8/94 9/94 95% 5. St. Francis Sewer Extension 10/94 3/95 10% In-House Design 6. P&V Reconstruction 1/95 5/95 75% In-House Design Category III-Projects Under Study 1. C.S.A.H. 18 Connection 11/93 7/94 10% See Narrative Section 2. Maras Street 6/94 10/94 15% See Narrative Section 3. Vierling Drive C.R. Road 79 to C.R. 77 10/94 5/95 100% See Narrative Section 4. River District Trunk Sewer 1/95 4/95 60% See Narrative Section 5. Fuller Street 2/95 3/95 100% See Narrative Section Category IV-Development Projects In Review 1. Arlington Ridge Preliminary Plat 2. Orrin Thompson Pre-Application 3. Hauer's Hillside Town Homes Pre-Application 4. Hauer's 5th Addition Preliminary Plat 5. Orleans Addition Final Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 99% Restoration Remaining 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 11/94 50% Utilities Complete,Gravel Base 5. Homestead Ridge 5/93 9/94 80% Asphalt Base And Curb Completed 6. Minnesota Valley 8th 9/94 5/95 80% Asphalt Base and Curb Completed 7. Meadows West 9/94 25% Working on Utilities 8. Prairie Bend 9/94 75% Grading and Utility Installation in Progress Category VI - Special Projects 1. Pavement Management System 6/94 9/94 100% Proposals Under Review RFP's 2. CSAH 16 Scott County Plans 12/94 6/95 90% Plans Being Reviewed 3. Mn/DOT Shakopee Bypass 3/95 6/95 90% Plans Being Reviewed Segment 2 June 23, 1995 Bid Opening Date 4. MCWS Sewer Interceptor 3/95 6/95 50% Plans Being Reviewed June 23, 1995 Bid Opening Date Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 I NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project- Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road (vacated) will be performed by this contractor next spring. 2. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. 3. 1994 Sidewalk Program The work on this project is mostly complete except for some minor punch list items. Category No. 2 - Projects in Design 1. Downtown Alleys Bids were opened and contract awarded to Killmer Electric Co. Work is to start the first week of May. 2. Sarazin/Roundhouse Streets Bids were opened and a contract awarded to Ryan Contracting. Work has started with grading of roadway. Right-of-way acquisition is still not complete. One easement has been obtained, one right-of-entry obtained with two remaining easements under negotiations. MPCA permit has been granted for the project. 3 Category 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. 3. Vierling Drive A public hearing was held on March 21, 1995. Action on project has been delayed until developer has a chance to contact Mn/DOT on severance charges for box culvert crossing. 4. River District Trunk Sewer The field work on this project is done. Hydraulic model is being prepared by Short-Elliott-Hendrickson, Inc. to identify the major sources of inflow and infiltration. 5. Fuller Street The feasibility report will be presented to City Council on April 18, 1995. A Cooperative Agreement has been received by staff from the County and will be presented to Council after the public hearing for the Fuller Street Project. 4 41-'7 Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Sidewalks Date: April 12, 1995 NON AGENDA INFORMATION ITEM: The City Clerk has placed a memo regarding sidewalks on the April 18 City Council agenda. The purpose of this memo is to provide the City Council with background information on sidewalks in the City. Why should we build sidewalks? Sidewalks are a necessary part of any city's overall transportation system. Although opinions vary greatly on the location or amount of sidewalks desirable in a community, at least some level of sidewalks are essential to the movement of people in a community. Sidewalks are common to almost all cities and are expected by residents for their safe pedestrian passage. There are liability concerns which cities need to address with regards to sidewalks. Attached is a memo from the City Attorney regarding one sidewalk liability case. The lack of planning on a policy level can create more difficulties for a city if they are ever pressed into a litigated situation such as that described in the attached memo. Planning is the process needed to guide the physical development of cities in order to maximize the efficient use of the limited resources. Sidewalks represent one of the many public infrastructure systems needing planning with careful and persistent implementation. Who builds sidewalks? Like other public infrastructures systems in a city, sidewalks are built by both the private and public sectors in an incremental fashion. And like other infrastructure systems, most sidewalks in a city have been built by developers in the construction of new subdivisions. On the public sector side, the City has generally constructed sidewalks as a part of its street reconstruction program. The extension of sidewalks along 4th Avenue to CR 17 is one example. The City also has, in some years, undertaken small infill projects to construct segments into a more useable pedestrian system. A third public effort involves the reconstruction program to replace old sidewalks in disrepair. A fourth area involves situations where a private developer has provided financial guarantees or petitioned for public improvements including sidewalks and, then, as a City project, the sidewalks are constructed but paid for by the developer. Where should sidewalks be constructed? The City of Shakopee covers a large geographic area with an extensive network of streets and highways. Providing sidewalks on both sides of all existing and future streets doesn't appear to be an economical alternative. Deciding which streets should have sidewalks then, becomes more involved. The following discussion addresses efforts by the City since 1979 on this issue: Subdivision Regulations The current subdivision regulations addressing sidewalks were adopted in 1979. The regulations require that a subdivider shall install sidewalks on both sides of an arterial street. The regulations also require sidewalks to be installed by the subdivider on one side of collector streets and walkways to schools as determined by the Planning Commission and approved by the City Council. 1990 Comprehensive Plan In 1988, the City hired BRW to update the Comprehensive Plan. In a series of meetings held by a citizen's task force, the Planning Commission and the City Council, numerous tasks were identified which needed to be pursued after the Comprehensive Plan was completed. A city wide sidewalk and trail plan was one of the listed tasks. City Wide Sidewalk and Trail Plan In 1991, the Planning Commission began analyzing the existing pedestrian systems in the City. An inventory of existing sidewalks and trails was prepared. The Planning Commission compared the two pedestrian systems with the functional street classification system (arterial, collector and local streets), street widths, and the location of pedestrian trip end points (such as schools, parks, churches, public facilities, and multi family development areas). They also reviewed the designated school pedestrian routes as developed by the Shakopee School District and the City in 1980. The inventory and analysis work revealed that the sidewalk system was focused in a 25 block area in and around Downtown and that other high pedestrian activity areas such as the west end shopping center, the public schools, parks, and Marschall Road corridor were generally without sidewalks. The trail system provided some level of service but was available in segments only and it did not connect with enough activity areas or other sidewalks. After the inventory and analysis work was completed, the Planning Commission established some recommended definitions for trails and sidewalks. The Planning Commission felt that the two systems were unique in their service characteristics but needed to be closely coordinated. The following definitions were recommended by the Planning Commission. 1. Sidewalks (access) • Provide access along and to properties from the adjacent rights-of-way. • Generally serve neighborhoods and specific properties. • Installed as a requirement of the subdivision platting process. 2 • Constructed out of concrete. • Most often found in the urban core area of Shakopee. • Direct benefit generally to adjacent property owners for pedestrian circulation. • Generally maintained by adjacent property owners. 2. Trails (connection) • Provide connections between park facilities or other amenity areas within the City and surrounding the City. • Often related to a natural feature such as the Minnesota River. • Generally serve the community and the region. • Installed as a local, regional or state project sometimes required in the subdivisions plat process. • Generally constructed out of asphalt and 8 - 10 feet in width. • Generally located in easements or along County Roads or major street. • Generally less direct benefit to adjacent property owners. • Generally maintained by the public sector. It was recognized by the Planning Commission that in order to more economically address the limited financial resources available to construct a safe and efficient sidewalk system, a prioritization of sidewalk types was necessary. The Planning Commission recommended to the City Council the following priorities for implementation of the sidewalk plan: 1. Along designated school routes. 2. Along minor arterial streets. 3. Along collector streets. 4. Around schools and parks. 5. Around commercial development. 6. Around public facilities. 7. Along local streets. Plans for both the sidewalk and trail systems were developed. Attached is a copy of both the sidewalk and trail plans as approved by the City Council on September 15, 1992. The trail plan has recently been revised in the draft 1995 Shakopee Comprehensive Plan. Also attached is the inventory of sidewalks as identified in the sidewalk plan. Full size plans will be available for review at the April 18 meeting. The requirements for sidewalks along the local street corridors is an issue that was not resolved with the planning efforts to date. The Planning Commission considered several alternatives for local street sidewalks. The alternatives considered for sidewalks along local streets included the following: 1. No sidewalks along any local streets except around parks and schools. 2. One sidewalk along one side of each street, preferably along the east and north sides for snow melt reasons. 3. Allow sidewalks where property owners are willing to install, pay and maintain them. 3 4. Sidewalks on both sides of all local streets. 5. Require developers to construct sidewalks along 50% of all local streets within new subdivisions. The local street sidewalk system need further discussion and policy direction at the Planning Commission and City Council levels. It would be appropriate to incorporate this issue into the Subdivision Regulations Update. Who should pay for the construction of sidewalks? Private Development - Sidewalk Policies and Subdivision Regulations Communities grow incrementally over time with each new building, development or subdivision proposed by the private sector. Decisions for required improvements (streets, utilities, sidewalks, trails, etc.) for each project also occur individually. The incremental decision making process combined with evolving standards has often created confusion and inconsistency in sidewalk and trail requirements. The sidewalk and trail plan adopted by the City Council in 1992 was developed to provide the necessary overall vision for the pedestrian system. As a policy approved by the City Council, staff has used the plan as a guide for when to require sidewalks and trails in new subdivisions as well as for public projects. With the update of the Subdivision Regulations, it has been intended that the sidewalk requirements be revised so that they are coordinated with the policies established in the Citywide Sidewalk and Trail Plan. Collectively, the sidewalk plan policies and the eventual subdivision regulations are intended to clearly establish what sidewalks are considered by the City Council as a necessary public service. Most of the public infrastructure in the City including streets, utilities, and sidewalks have been built by the private sector as new subdivisions have been developed. When the public systems, including sidewalks, are constructed by a developer, the costs can be more fairly distributed to the community and the benefiting properties pay for their costs of the public systems. Public Projects - Assessment Policies On January 19, 1992, Council adopted a new assessment policy amending the various existing policies and putting them into one policy. This policy continued to provide for assessing 100% for sidewalks as had been done in the past. On May 18, 1993, the assessment policy was amended to provide that new sidewalks installed adjacent to local streets will be assessed and new sidewalks installed adjacent to collector or arterial streets will not be assessed. On December 21, 1993, the assessment policy was amended to address replacement sidewalks taking into consideration the new policy not to assess new sidewalks adjacent to collector and arterial streets. This policy provided that replacement sidewalks adjacent to local streets will be assessed 50% to the abutting property owner and 50% City funded. Sidewalks replaced next to collector or arterial streets will not be assessed. 4 On February 7, 1995, the City Council again reviewed the special assessment policies. It was pointed out that sidewalks were required adjacent to collector and arterial streets within new developments at the developer's expense. It was identified that if a developer petitioned the City to construct the sidewalks, that the cost could not be assessed under the current assessment policy. In this case the City would pay for an improvement which would otherwise be a development cost simply because it is petitioned for rather than constructed by the developer. In order to rectify this situation, the assessment policy was then amended to provide that sidewalks that are required within a new plat will be assessed 100%. Because of the aforementioned amendments, there was a brief period of time where sidewalks along collector and arterial streets would not be assessed. During this period of time that City Council authorized the release of the sidewalk construction requirement for Eagle Creek Junction 2nd - Mount Olive Evangelical Lutheran Church on Marschall Road; and, Century Plaza Square 4th - Snyder Drug on 4th Avenue. (g:\msoffi ce\winword\she lly\ccmemo\s i de418.cc) 5 M E M O R A N D U M TO: Dave Hutton, Director of Public Works FROM: Karen Marty, City Attorney DATE: August 20, 1992 RE: Sidewalk Liability Case On August 14, 1992, Finance and Commerce reported the new case of Marhula v. Bass, a case where Marhula was injured when she was struck by a pickup truck as she walked home from school. She sued the City, alleging it was negligent in failing to install a sidewalk or school speed zone at the location of the accident. The City tried to get out of the case, saying it had discretionary immunity for its decisions as to building sidewalks and establishing school speed zones. The Court disagreed. (This case only deals with the issue of immunity,__and whether the_ City has to pay anything at all. Since the City lost here, it will probably settle and have to pay something for not having a sidewalk or school speed zone. ) We will want to keep in mind that the Court is narrowing the instances wherein we can claim that we were making a policy-level decision, rather than an operational-level decision. Signed 4. t-A---/ 6;Ei-17 Karen Marty, City 'Attorney KEM:bjm " (2OMEMO] cc: Dennis Kraft AUGUST • 14,1992 FINANCE AND COMMERCE APPELLATEC-OURTS EDITION Appellant argues the trial court's analysis rests upon an imper- 33 South Sixth Street missible finding of fact that Young and Smith were co-workers.We Minneapolis,MN 55402 first note that the trial court's findings of fact and conclusions of law were unnecessary in this summary judgment decision.See Minn.R. Independent School District Andrea M.Nelson Civ. P. 52.01. Moreover, Young set forth sufficient evidence to No.279, Burton D.Anderson&Associates create a question of fact regarding Smith's supervisory status. It One Appletree Square was improper for the trial court to resolve this question of fact on a Respondent, Suite 940 summary judgment motion. See Murphy v.Country House,Inc., Minneapolis,MN 55425-1616 • 307 Minn.344,351,240 N.W.2d 507,512(1976)(trial court may not weigh evidence on motion for summary judgment). Whether City of Maple Grove, Carol A.Kubic Smith is a supervisor,however,is not a material fact. Jeffrey J.Lindquist A constructive discharge occurs when an employee Appellant, Pustorino,Pederson,Tilton& resigns in order to escape intolerable working conditions Parrington caused by illegal discrimination. 4005 West 65th Street,Suite 200 41. Continental Can Co.v.State,297 N.W.2d 241,251(Minn.1980). Minneapolis,MN 55435 To prove his claim of constructive discharge due to illegal discrimi- and r. nation Young must demonstrate there was illegal discrimination at Richard R.Bass,defendant and Todd Chevrolet. third-party plaintiff, The issue presented by this case is not whether Todd Chevrolet Respondent, can be held liable for the discriminatory conduct of a supervisory vs. x...1. employee. The issue is whether Smith's conduct constituted ac- Joan M.Marhula,third-party Pro Se tionable discrimination under Minn.Stat.§363.03,subd. 1(2)(b)- defendant, 8965 Underwood Lane {• (c). Maple Grove,MN 55369 • Young alleged he was discriminated against because racially Respondent. derogatory comments were a term and condition of his employment. • However,occasional or sporadic uses of racial slurs or epithets will Richard L Jasperson tf.'.. not In and of themselves support a claim of racial discrimination. Richard L Jasperson,P.A. (; See Minneapolis Police Dep't v.Minneapolis Comm'n on Civil 1122 PIoneer Building Rights, 402 N.W.2d 125, 131 (Minn. App. 1987)('Racial con- — 336 Robert Street mens that are merely part of casual conversation,are accidental,or St.Paul,MN 55105 are sporadic,do not trigger discrimination sanction."),aff'd,425 (Attorneys for i± N.W.2d 235(Minn.1988). Intervenor-Respondent '" Sporadic racial slurs do hot become actionable discrimination MedCenters Health Plan) because they were uttered by a supervisory employee. See Cariddi v.Kansas City Chiefs Football Club,Inc.,568 F.2d 87,88(&h Filed August 11,1992 Cir.1977)(ethnic slurs made by employee's superior were part of Office of Appellate Courts casual conversation and did not rise to level necessary to constitute `1 a violation of Title VII). Even if Smith was Young's supervisor,his Considered and decided by Harten,Presiding Judge,Kalitowski, remarks,although undoubtedly racial slurs,were sporadic and alone Judge,and Foley,Judge. do not support a claim of racial discxlmInation.BecauscYoung did Retired judge of the Court of Appeals, acting by appointment not establish a claim of illegal discrimination he did not establish a Pursuant ug to Minn. art VI,§ prima fade case of constructive discharge due to illegal discrimina- 2. • tion. UNPUBLISHED OPINION Affirmed. KALITOWSKI,JUDGE(Hon.Harold Kalina,District Court This opinion will be unpublished and Trial Judge) may not be-cited except as provided by Natalie M.Marhula was injured when she was struck by a pickup Minn.Stat.§480A.08,subd.3(1990) truck driven by Richard Bass as she walked home from school. Marhula,through her mother Joan M.Marhula,sued Bass,Inde- • ,3-2..•. ;; 3 i i £$ pendent School District No.279,and the City of Maple Grove(city). z ' �� ,,�����,�,4�� a�����.� � Marhula claims the city was negligent in failing to install a sidewalk ;'� o `• a - ��,�,r t-F, or a school speed zone at the location of the accident. Asserting z { - 5 <�,M ,,x discretionary immunity under Minn.Stat.*466.03,subd.6(1990), the city moved for summary judgment. The trial court denied the motion and the city appeals. We affirm. •• DECISION Hennepin County Kalitowski,Judge Although a denial of summary judgment is normally not appeal- District Court File#PI909574 able,an order denying summary judgment can be appealed where a • claim of immunity is asserted. Anderson v.City of Hopkins,393 Joan M.Marhula,individually,J.Michael Dady • N.W.2d 363, 364 (Minn. 1986). Summary judgment is proper and as parent and natural David G.Newhall where there are no genuine fact issues and either party is entitled to guardian of Natalie M.Marhula, Lindquist&Vennum judgment as a matter of law. Minn.R.Civ.P.56.03. On appeal, a minor, 4200 IDS Center we must determine whether any genuine issues of material fact exist 80 South Eighth Street and whether the trial court erred in applying the law. Offerdahl v. Respondent, Minneapolis,MN 55402 University of Minn. Hosp. & Clinics, 426 N.W.2d 425, 427 vs. (Minn.1988). . Richard R.Bass, William M.Hart The city argues it has discretionary immunity and is entitled to Richard L Pemberton,Jr. summary judgment as a matter of law. A municipality is immune Respondent, Kenneth W.Dodge from liability for claims arising from its discretionary functions. Meagher&Geer Minn.Stat.§466.03,subd.6. This exception from liability is to be 4200 Multifoods Tower construed narrowly. Hennes v.Patterson,443 N.W.2d 198,202 B23 • SCE ICE AND COMMERCE APPELLATE COURTS EDITION AUGUST 14, 1992 ?''.viinn.App.1989),pet.for rev.denied(Minn.Sept.15,1989).Not This opinion will be unpublished and all government actions involving the exercise of judgment are may not be cited except as provided by protected. Nusbaum v.County of Blue Earth,422 N.W.2d 713, Minn.Stat.*480A.08,subd.3(1990) 722(Minn. 1988). Policy-making or planning level decisions are protected by discretionary immunity while operational decisions are -„ ` `o a N 3*0 not. Id.at 719. Planning level decisions involve the evaluation of , Y n �• political,economic and social factors. Id.at 722 m2 l The city bears the burden of proving the challenged decisions are policy decisions. See Schaeffer v.State,444 N.W.2d 876,87980 (Minn.App. 1989). Where"the government was able to articulate the specific reason why a certain challenged decision was made" Hennepin County Parker,Judge discretionary immunity applies. Schaeffer v.State,444 N.W.2d District Court File 915725 876,881(Minn.App.1989). In this case the trial court found: A.J.De Antoni,et al., Pro Se The City has provided some insight into its decision- 1209 East 86th Street making process,yet fails to adequately show evidence of Appellants, Bloomington,MN 55425 the actual decisionmaking process at issue. There is no vs. indication of meetings held,what sorts of budgetary fac- Michael Lleppman,M.D., Mary E.Steenson tors were considered,what safety factors were relevant,or et al., Bassford,Heckt,Lockhart, how the City balanced these factors to arrive at its final Truesdell&Briggs,PA. decision. Respondents. 3550 Multifoods Tower The trial court concluded the city's failure to build a sidewalk and Minneapolis,MN 55402 the absence of a school speed zone were not public policy decisions. We agree. • Filed August 11,1992 There is no evidence that social and economic factors were Office of Appellate Courts considered by the city when deciding not to build a sidewalk. In Affirmed. fact,there is no evidence that a sidewalk was even considered until Considered and decided by Parker,Presiding Judge,Schumacher, after the accident. The mere fact that construction of a sidewalk Judge,and Davies,Judge. constitutes a capital expenditure does not make this a policy decision absent specific evidence regarding the decision.Similarly,although UNPUBLISHED OPINION the city explained how other school speed zones were established, - PARKER,JUDGE(Hon.Gary_Larson,District Court Trial Judge) there is no evidence the city considered a school speed zone at the Ruth De Antoni and her husband,A.J.De Antoni,filed a medical location of the accident. We conclude the city has not established malpractice suit against Dr.Michael Lieppman;Susan Kahle,R.N., that the challenged decisions were policy decisions and therefore N.A.;and Methodist Hospital. The trial court dismissed the con- the trialcourtcorrectly denied the city's summary judgment motion. plaint with prejudice because plaintiffs failed to file the medical See Schaeffer,444 N.W.2d at 879-80. expert witness affidavits required by Minn.Stat.§145.682(1990). The city also asserts the lack of a school speed zone was not the This appeal followed. proximate cause of the accident. Proximate cause is generally a fact DECISION question and not usually disposed of on summary judgment.See This court will reverse a trial court's dismissal of an action for Illinois Farmers Ins. Co. v. Tapemark Co., 273 N.W.2d 630, procedural irregularities "only if it is shown that the trial court 63334(Minn. 1978). We conclude the trial court correctly denied abused its discretion." Sorenson v.St.PaulRamseyMedical Ctr, the city's summary judgment motion on the issue of proximate 457 N.W.2d 188,190(Minn.1990). "Statutory construction,how- pUSe- ever,is a question of law and subject to de novo review on appeal." , Finally, the city moves to strike materials submitted by respon- Id, dent Marhula as outside the trial court record. The record on appeal 1. The elements of a prima facie case of medical malpractice are includes papers filed in the trial court, exhibits, and transrnpts. (1) the applicable standard of care recognized by the medical Minn.R.Civ.App.P.110.01. We agree that the expert report and community;(2)that defendant deviated from the standard;(3)that the state auditor's report submitted by respondent are outside the the deviation directly caused injury;and(4)damages. Reinhardt record. Although respondent claims her counsel referred to the v.Colton,337 mw2d 88,94(Minn.1984 In a medical maiprac- documents in oral argument, there is no evidence the trial cart tice action,plaintiffs must introduce expert testimony to establish received or considered them. Appellant's motion to have them the first three elements if such issues are not within the common stricken from the record on appeal is hereby granted. knowledge of laypeople. Id.at 95. Affirmed. Appellants contend that expert witness affidavits are unnecessary because the determination of respondents'negligence is within the common knowledge of laypeople. Appellants also argue that the doctrine of res ipsa loquitur excuses them from obtaining expert testimony regarding the medical procedures at issue. In his October 1, 1991,letter explaining the procedures be used to correct Ms.De Antoni's peaked pupil,Dr.David Herman stated: Although the anterior capsule to the wound was not visual- ly significant, [appellants] felt they did not receive the • desired result and wanted the peaked pupil fixed. An opening and exploration of the wound with removal of the anterior capsular flap was performed on February 23, 1989. This letter appears to confirm the trial court's ruling that the case required medical expert witness testimony. See Minn. Stat. § 145.682. To determine negligence,even under the res ipsa loquitur doctrine, appellants had to introduce expert testimony addressing different aspects of ophthalmological surgery,such as those men- tioned in Dr. Herman's letter. We note his observation that the condition "was not visually significant" and agree with the trial B24 SUMMARY SHEET PROPOSER SIDEWALK SYSTEM City of Shakopee 1q61 SIDEWALK TOTALS Proposed Developer City Assessable A. Arterial Sts. 33, 150 18, 850 12,950 8450 B. Collector Sts. 103 ,945 49,480 46, 285 1550 C. Schools 2950 0 2950 0 D. Parks 5250 0 5250 0 TOTAL 145295 LF 68330 LF 67435 LF 10000 LF Arterial Streets Proposed Developer City Assessable 1. Adams Street 5200 700 4500 0 2 . 1st Ave. 5800 0 5800 5800 3 . CR 17 7250 4600 2650 2650 4. CR 16 14900 13550 1350 0 TOTAL 33, 150 LF 18,850 LF 12,950 LF 8450 LF Collector Streets Proposed Developer-- City Assessable 1. Scott Street 1,050 0 105D 0 2. Fuller Street 11, 650 6300 5350 0 3 . Spencer Street 12,225 4050 8175 0 4. Minnesota St. 1,350 0 1350 150 5. Viking Steel Rd. 7, 200 7200 0 0 6. Shenandoah Dr. 11, 550 11, 550 0 0 7 . 4th Ave. 12,950 8250 4700 1400 8 . 6th Ave. 9, 130 950 8200 0 9 . 10th Ave. 9. 135 0 9135 0 10. Vierling Dr. 28,705 20,380 8325 0 TOTAL 103,945 LF 49,480 LF 56,285 LF 1550 LF Schools 1. As noted 2950 LF 0 LF 2950 LF 0 LF Parks 1. As noted 5250 LF 0 LF 5250 LF 0 LF LAJ • 1 • . ,:.. '.. . . 'It; aEL1:s '• J . . U ..,.. ..: /0491 ___ •..... :. .. . , 41„,4A dilli„111 .... ., 0 i: . 8 w E-1 h.. ..1. : . "Iv -r-' • Ili"110 • • : 73 „,.. . ,.......• - ... ,, ; 5. ......1 t - - 1 um-loll : • 1 F.. .. . . . • . . • 1 . > . dr , att 7'Orr , k c., .. . . ,.. . 61- w le t r. „. 7 t 5 x 1---.: Le`,1 0 ..-4 1 i i . • . ...o a s s h....4 .. / .7 m ... .4. Z • . . " ... . .• / 0-...,..' - iir . _,_ a: I . .,. , ` J1111116 - *.' ---.'• " 01 OM 0 .-• 'to ii)„ MO, ,... 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RESPONSE NOTES: TRAINING: Shakopee firefighters responded to a residen- There were 10 formal training sessions tial structure fire at 540 Mint Circle on Janu- (approximately 20 hours) this quarter. The ary 15, 1995. Upon arrival firefighters en- topics covered included: countered heavy smoke conditions in the Void Spaces attached garage of the residence. The fire Search & Rescue was contained to the garage area of the Incident Command System structure with somesmoke damage in the Fire Ground Command - Rescue living area. The fire was caused by an elec- Pre-Plan - American Can Company trical device near the dog kennel in the ga- Ice Rescue rage. Arson Detection/Scene Preservation In-Service for First Responders Firefighters received a request from the Pre-Plan - Ashland Chemical Facilities Jordan Fire Department for mutual aid at the scene of a barn fire on Febru 19, 1995. We are planning for a live fire training burn �Y Firefighters battled the fire for over 4 hours, (house burn) sometime during the second quarter. For those of you that haven't been however, the structure was a total loss. with us for one ofthese or for those of you On March 4, 1995 firefighters responded to that have been with us before we would like p to see any and all of you there. You will be the scene of a garage fire at 838 Dakota notified of the time and place as soon as we Street South. Upon arrival firefighters found that an unattached garage was fully involved. have it. SERVICE ANNIVERSARIES: January: Frank Ries - 1968 e Ken Berg - 1982 . Robin McCullough - 1985 Y }i • February: Terry Link (1st Asst. Chief) - 1980 Ed Siedow (3rd Captain) - 1981 !x s March: Joe Honermann - 1977 Firefighters work to extinguish a trash fire in a Mark Huge (Fire Chief) - 1979 dumpster during a recent call. Damage was limited Maw Athmann(2nd Asst. Chief) - 1981 to the dumpster. Lino Baden (Lead Engineer) - 1984 AROUND THE DEPARTMENT: position is that we will respond when needed Fire department Captains Dave Judd, Terry as in the past. We agreed to maintain an open Stang, Ed Siedow and Dan Leadstrom are dialog with HealthSpan to review this matter now responding to the scene as possible in an on going fashion. incident commanders on a rotating basis. Having the captains responding to the scene DEPARTMENT PLANS: in this capacity allows them to get the hands The Shakopee Fire Department has formed a on experience of a first-due officer. This will task force to investigate areas for a future fire increase the number of experienced incident station or stations. This task force has met commanders available at any given time. several times, including a joint meeting with City Planner Lindberg Eckola. They are We have been working on a new PAR (Per- analyzing data to provide information to sonnel Accountability Reporting) system for determine levels of service associated with the department. This system consists of a different areas. velcro strip sewn on the left sleeve of the turn-out coat. Two strips of velcro with the FIREFIGHTING FACTS: name and number of the firefighter are ad- hered to this. When responding to an incident p g Did You Know!?When water boils and turns one identification strip is left in the apparatus into vapor(steam at 212 degrees F)rt expands and the other is given to the officer at en- 1700 times its original volume. This process trance to the building or area. This system absorbs heat energy making it one of the reasons provides control over how many personnel why water is an excellent extinguishing agent are on the scene or in the hazardous area. Did You Knowe Shakopee firefighters responded After reviewing the condition of the fire to 312 requests for assistance during 1994 making station, the crew has decided that a clean up it the busiest year on record for the department and fix up day or days are in order. The day(s) will be scheduled in June. Cleaning of Did You Know!? Water weighs approximately the interior walls and painting the exterior 8.3 lbs per gallon. trim is of the highest priority. In January a meeting was held with DEPARTMENT INFORMATION: HealthSpan Transportation to discuss the If you have any questions about the new working relationship. They expressed a Shakopee Fire Department please contact desire to respond to all personal injury acci- Fire Chief Mark Huge at one of the following dent and cardiac arrest calls (both confirmed numbers: and unconfirmed). We stated that if their Pager: 539-0537 level of service has not changed we saw no Work: 282-6895 reason to change our response protocol. Our Home: 445-6735 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 21, 1995 Mayor Laurent called the meeting to order at 7 : 05 P.M. with Councilmembers Brekke, Beard, and Sweeney present. Cncl.Lynch was absent. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Lindberg Ekola, Planning Director; Bruce Loney, Public Works Director/City Engineer; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Tom Steininger, Chief of Police. Items added to the agenda: 15a) Municipal Legislative Commission Affiliation Update Report 15b) Suburban Rate Authority Authorization. Items deleted from the agenda: 12a) Arlington Ridge 1st Addition Preliminary/Final Plat, Resolution No. 4190. Sweeney/Brekke moved to adopt the agenda as modified. Motion carried unanimously. Mayor Laurent recessed at 7 : 07 P.M. for an H.R.A. Meeting. Mayor Laurent re-convened the Adj . Reg. Session of the City Council at 7 : 31 P.M. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present would like to address the Council on any item not on the agenda. There was no response. Items added to the Consent Business: 12c) Chateau Ridge (Orleans) 1st Addition Final Plat, Resolution No. 4192 . 13o) Liquor License Fees. Brekke/Sweeney moved to approve the Consent Business as modified. Motion carried unanimously. Brekke/Sweeney moved to approve the Minutes of February 28th and March 7th, 1995. (Motion carried under Consent Business) . Brekke/Sweeney moved to accept the resignation of Andrew Unseth from the Community Development Commission with regrets. (Motion carried under Consent Business) . Brekke/Sweeney moved to accept the resignation of Randy Schoephoerster from the Community Development Commission with regrets. (Motion carried under Consent Business) . Official Proceedings of the March 21, 1995 Shakopee City Council Page -2- Mayor Laurent turned the meeting over to Vice Mayor Sweeney because of a potential conflict of interest on the proposed improvements to Vierling Drive. Acting Mayor Sweeney opened the Public Hearing on proposed improvements to Vierling Drive from CR-79 to CR-77, 1995-6. Bruce Loney stated that feasibility report was ordered based on a petition received by Gold Nugget Development, the developer of Meadows West and was submitted to City Council in October, 1994. He explained that Vierling Drive is a State Aid local collector with sidewalk and storm sewer. The length of the road is 3, 150 feet and has two property owners adjacent to the roadway, the Meadows West Subdivision and School District property. Mr. Loney stated that the assessments are for a local 36 foot wide street, sidewalk, storm sewer and box culvert and that the developer will be grading his portion of the development and installing sanitary sewer and water main prior to the construction of the street. The total assessment cost is $390, 000. 00, The remaining portion of the project cost is $130, 000. 00 which will be paid by the City State Aid account for the over sizing of the street. $350, 000. 00 of the assessments will go toward the Meadows West and $40, 000. 00 toward the School District property. Mr. Loney explained that some of the right-of-way of Vierling Drive is outside the Meadows West Plat. He stated that the storm sewer in this area shouldn't be all borne by the developer. He feels that it should be part of the street construction and per City Assessment Policy is to be paid by the City's Storm Sewer Utility Fund. Staff recommends that this cost be incorporated as part of the street cost and assessed accordingly. Mr. Loney explained that the Special Assessment Policy for sidewalks required within a new plat was changed by Res. No. 4163 on February 7, 1995 so that the developer is assessed 100% of the cost. Per City Code, the developer is required to install a sidewalk on one side of the collector streets. The change was made in order to have the Assessment Policy consistent with City Code. The developer will be assessed 100% within the Meadow West Plat. Outside of the plat will be 100% cost to the City as per policy. Mr. Fleck is objecting to being assessed the box culvert crossing on the Upper Valley Drainage. The feasibility report states that the box culvert crossing needed with any street due to development would be borne by the developer. Mr. Loney recommended opening the Public Hearing to take public testimony and then table this issue until there is a Resolution of the box culvert assessment issue, receipt of a waiver of assessment v Official Proceedings of the March 21, 1995 Shakopee City Council Page -3- appeal from the developer, and a dedication of Vierling Drive right-of-way by the developer. Cncl. Beard asked Mr. Loney to explain why he requested to table action on this issue. Mr. Loney explained that there is some strong objection from the developer of being assessed for the box culvert and also an indication that he may wish to withdraw his petition for the improvements. Horst Graser, Project Manager, Gold Nugget Development, approached the podium. He stated that they thought this issue had been dealt with 3 years ago. There was considerable discussion as to who would pay for the crossing. According to Mn/Dot the crossing is a component of the taking and the value of the property that they sold and the easements that were taken by MN/Dot. He stated that the assessments were considered in the taking. He explained that this is worth $93 , 000. 00 and at this point they feel they cannot go on until the issue is resolved. He asked the Council to discuss what their policy is and how they will deal with the crossing. Mr. Grazer also stated that they will make the necessary dedication to make the improvement. Regarding a policy change on sidewalks Mr. Grazer stated they were not notified and are now $30, 000. 00 in the red because of the change. Mr. Kraft explained that there is a $77, 000. 00 disagreement between what the MN/Dot appraiser said a City staff member said, and what the City staff member said he said. He recommended tabling this issue. Jim Johnston, Sienna Corporation, approached the podium. He encouraged Council to revisit the issue of how to deal with crossings and asked if there should be some benefit for over sizing. He asked that Council look at the policy of inequity in having Gold Nugget or the Sienna Corporation funding a structure when this is a City wide thoroughfare with some other sources of City funding. Acting Mayor Sweeney closed the public hearing. Brekke/Beard moved to table Resolution No. 4193 (Ordering improvements to Vierling Drive between CR-77 and CR-79) pending further analysis and research by staff. Motion carried unanimously. Acting Mayor Sweeney turned to meeting back to Mayor Laurent. Brekke/Sweeney offered Resolution No. 4191, A Resolution Approving the Preliminary and Final Plat for the West View 7th Addition Planned Unit Development, and moved its adoption. (Motion carried under Consent Business) . w Official Proceedings of the March 21, 1995 Shakopee City Council Page -4- Brekke/Sweeney offered Resolution No. 4192, A Resolution Approving the Final Plat for Chateau Ridge, and moved its adoption. (Motion carried under Consent Business) . Brekke/Sweeney offered Resolution No. 4172, A Resolution Approving A Change of Control of KBLCOM, Incorporated, Owner of Amzak Cable, Midwest, Inc. , The Current Holder of A Franchise Authorizing The Installation, Operation and Maintenance of A Cable Communications System in The City of Shakopee, and moved its adoption. (Motion carried under Consent Business) . Brekke/Sweeney moved to authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and SW Metro for the provision of Dial-A-Ride service. (Motion carried under Consent Business) . Mayor asked for any comments from Councilmembers regarding the memo about snowmobiles. Cncl. Beard recommended maintaining the present level of enforcement. Cncl. Brekke concurred, adding that there is still a problem and recommended increasing enforcement in the fall. Regarding a part-time seasonal code enforcement position, Cncl. Sweeney stated that it is premature to fill positions with the level of uncertainty that exists with the proposals before the Legislature. He recommended waiting until April 8, 1995. Cncl. Brekke asked if the same person would be kept on next year. Mr. Stock replied that typically there are different people as this is a seasonal position. He stated that this position could be delayed a month without any problem. Sweeney/Brekke moved to table the code enforcement position until the second meeting in April. Motion carried unanimously. Brekke/Sweeney moved to authorize the appropriate City officials to purchase a used car through Northstar Auto Auction for not more than $12 , 000. 00 including taxes and acquisition fees. (Motion carried under Consent Business) . Brekke/Sweeney moved to grant the developer of Riverview Estates 2nd Addition an extension of the 12 month time period for approval of a Preliminary Plat by an additional 12 months. (Motion carried under Consent Business) . Official Proceedings of the March 21, 1995 Shakopee City Council Page -5- Brekke/Sweeney moved to authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day. (Motion carried under Consent Business) . Brekke/Sweeney moved to declare one (1) 1982 Chevrolet pickup and one (1) 1983 Plymouth Reliant surplus property. (Motion carried under Consent Business) . Brekke/Sweeney moved the approval of interfund transfers for 1994 as follows: $4 , 400, 000 from the TIF trust Fund to the Civic Center Fund. $158, 668 . 15 from 1991 Improvement Capital Projects to 1991 Improvement Debt Service. $449, 763 .79 from 1992 Improvement Capital Projects to 1992 Improvement Debt Service. $1, 704 .44 from 1986 TIF debt service to 1993 TIF Refunding Debt Service. $37, 068 . 68 from 1985A Improvement Debt Service to Capital Improvement Fund. $43 , 886. 66 from 1986A Improvement Debt Service to Capital Improvement Fund. $83, 374 . 34 from 1987 Improvement Debt Service to Capital Improvement Fund. (Motion carried under Consent Business) . Brekke/Sweeney moved to authorize the purchase of a dump body from Crysteel in the amount of $10, 263 . 00 pursuant to the Hennepin County contract. (motion carried under Consent Business) . Brekke/Sweeney moved the approval of bills in the Amount of $318, 586. 55. (Motion carried under Consent Business) . Mr. Ekola stated that the hiring of an Economic Development Coordinator has created a vacancy in the Planning Dept. and proposed to replace the Planner II position with a Planner Technician. He requested authorization to advertise and hire for the Planning Technician as well as the budgeted Planning Intern position. Mr. Stock recommended obtaining authorization to advertise the position and come back at a later date to fill the position because of the time elements involved in the advertising process. Official Proceedings of the March 21, 1995 Shakopee City Council Page -6- Cncl. Sweeney proposed hiring a Planning Intern at this time and waiting to hire a Planning Technician because of the uncertainty of funding. Brekke/Beard moved to authorize the appropriate City staff to advertise and hire a Planning Intern. Motion carried unanimously. Sweeney/Brekke moved to table the Planning Technician position until the second meeting in April. Motion carried unanimously. Brekke/Sweeney moved to waive the 30 day review period for the application for exemption from lawful gambling license by the Minnesota Thoroughbred Association, Canterbury Downs, 1100 Canterbury Drive for October 7, 1995. (Motion carried under Consent Business) . Brekke/Sweeney moved to waive the 30 day review period for the application for exemption from lawful gambling license by the Church of St. Mark for July 29th and 30th, 1995. (Motion carried under Consent Business) . Brekke/Sweeney offered Resolution No. 4196, A Resolution of the City of Shakopee, Minnesota, Removing Pending Special Assessments For The St. Francis Regional Medical Center Sanitary Improvements, Project No. 1995-2 . (Motion carried under Consent Business) . Dave Nummer spoke about the St. Francis Storm Sewer Petition to construct a storm sewer outlet from their property north along CR- 17 to the bypass where MN/DOT will build linear ponds. This storm sewer outlet would provide a storm sewer outlet for all of the drainage area MPH8a from the Comprehensive Stormwater Management Plan. Staff is proposing to order a Feasibility Report based on the petition. Sweeney/Beard offered Resolution No. 4195, A Resolution Ordering the Preparation of a Feasibility Report on an Improvement for Storm Sewer to Serve the St. Francis Hospital, and moved its adoption. Motion carried unanimously. Beard/Sweeney moved to direct staff to prepare a report on establishing a Trunk Storm Sewer Charge Policy. Motion carried unanimously. Brekke/Sweeney moved to direct staff to notify liquor licensees that license fees are not being increased a this time. (Motion carried under Consent Business) . Brekke/Sweeney offered Resolution No. 4194 , A Resolution Declaring Adequacy Of Petition And Ordering The Preparation Of A Report For Constructing 17th Avenue And Sarazin Street, and moved its adoption. (Motion carried under Consent Business) . a Official Proceedings of the March 21, 1995 Shakopee City Council Page -7- Mr. Kraft gave a Municipal Legislative Commission update. He stated that our State Representatives suggested that we consider attempting to help them combat some of the central area legislation and mentioned Myron Orfield. He explained that some of the proposed solutions to problems addressed by Mr. Orfield are not always as given. The legislators are asking us to assist in getting the word out on what the impact would be on the power based taxation or the more recent proposal where all value of future and existing residential development above $200, 000. 00 would become part of the fiscal disparities program and would be re-distributed on the basis of some formula. He stated that the outcome of this is that Shakopee loses. The Municipal Legislative Commission represents Southern and Southwestern cities that also lose in terms of fiscal disparities. The proposal is to be affiliated with this group by making some type of a financial contribution on a $0. 25/capita basis, not to exceed $3, 000. 00. Cncl. Beard encouraged the Council's involvement with MLC. Councilmembers concurred. Mr. Beard stated that Shakopee is a member of the Suburban Rate Authority and pays approximately $1100. 00 a year to belong. He explained that the Suburban Rate Authority would like to bring in a group of experts from Baltimore to assist in lobbying to have the legislature address problems. However, it may cost the Suburban Rate Authority several thousand dollars, and they are asking Shakopee if they would consider participating in any way. Mr. Beard then explained that it may result in a surcharge in membership fees next year. Mr. Beard stated that another concern is how far the Suburban Rate Authority's own people should go in helping individual cities. Discussion followed. Mr. Beard recommended that when the issue is germane to a large majority of cities that the SRA should be encouraged to lobby for them out of membership funds. If the situation is unique then the SRA should bill the member cities. Councilmembers concurred. Mayor Laurent recessed at 8 :50 P.M. for an executive session to discuss matters permitted under attorney-client privilege and to discuss labor negotiations. Mayor Laurent re-convened the meeting at 8: 27 P.M. He announced that there were no actions taken by the Council during the executive session. Mayor Laur nt adjourned the meeting at 8: 28 P.M. 014it . ox,city Clerk * er TenEyck, Recording Secretary /0C , CONSENT Memo To: Dennis R. Kraft, City Administrator From: Lindberg S. Ekola, Planning Director RE: Type B Nonconformity Regulations Proposed Zoning Ordinance Text Amendment Date: April 10, 1995 INTRODUCTION: At the April 6, 1995, meeting, the Planning Commission passed a motion recommending that the City Council approve the proposed zoning ordinance amendment on the Type B, Nonconforming regulations. BACKGROUND: Attachment 1 is a copy of the Planning Commission staff memo. The memo includes a copy of the current zoning ordinance requirements regarding Type B Nonconformities as well as the proposed text amendment language. DISCUSSION: Due to the potential large number of building applications anticipated in the upcoming construction season for legal nonconforming structures, generally located in the Old Shakopee Area, timely consideration of the proposed zoning ordinance amendment was necessary. As drafted in the June 7, 1994, text, the Type B Nonconforming regulations were determined to be unreasonable by the Planning Commission and should be amended. The current Type B Nonconformity regulations would not allow the expansion of nonconforming structures unless there was a decrease in the amount of nonconformity. The Planning Commission is recommending that if the proposed building additions or expansions meet the required setbacks, a reduction in the amount in the nonconforming structure should not have to take place. ALTERNATIVES: 1. Approved the proposed Nonconformities text amendment. 2. Revise the language in the proposed text amendment and approve. 3. Table action for further information from staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends alternative 1. ACTION REQUESTED: Offer Ordinance No. 412, a Resolution approving the proposed ordinance amendment on Type B Nonconformity regulations as recommended by the Planning Commission, and move its approval. (g:\msoffice\winword\shelly\TypeB.cc) ATTACHMENT 1 , Memo To: Shakopee Planning Commission From: Lindberg S. Ekola, Planning Director RE: Revisions to the Type B Non-Conformity Regulations Proposed Zoning Ordinance Text Amendment Date: March 29, 1995 INTRODUCTION: In working with the new Zoning Ordinance Text adopted by the City Council in 1994, on proposed projects which involve the expansion of existing structures, it has become apparent that the Type B Non-Conformity Regulations do not provide the proper controls. Due to the potential number of projects which could be affected by the current regulations, staff is bringing this item to the Planning Commission for further consideration. BACKGROUND: Attached as Exhibit A is a copy of Section 11.91. This section of the Zoning Ordinance regulates non-conformities. In general, zoning regulations often include provisions which recognize that there are uses of land, structures, and/or lots which were lawful when established but do not comply with the current requirements. The Ordinance establishes two types of non-conformities. A Type A Non-Conformity includes land and structures which are devoted to a use not allowed in a specific zoning district. An example Type A Non-Conforming use would be an industrial warehouse located on a property within a residential zone. Subdivision 3 of Section 11.91 specifies the regulations relating to a Type A Non-Conforming use. The Zoning Ordinance defines a Type B Non-Conformity as developed land which is devoted to a use allowed in a zoning district but a portion of the structure or the site is not in compliance with another provision in the Zoning Ordinance. An example Type B Non- Conformity may be a residential structure constructed in the front yard set back. The regulation of Type B Non-Conformities as drafted in the current Ordinance would not allow the expansion of non-conforming structures unless there was a decrease in the amount of non-conformity. In the example of an existing residence located in a front yard set back, this ordinance would require that a portion of the structure located in the required set back would have to be removed before any further complying building expansions could be made. DISCUSSION: Staff has prepared a revised series of regulations for Type B Non-Conformities. Staff would recommend that the following three regulations be replaced. The three listed in the current Zoning Ordinance as shown on Exhibit A: 1. The number and extent of non-conformities will not be increased in conjunction with the proposed construction or intensification. 2. The negative impacts on the non-conformities upon adjacent property will not be increases as a result of the proposed construction or intensification. 3. The conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section. Staff believes that these three criteria should provide the necessary regulation relating to the Type B Non-Conformities. ALTERNATIVES: 1. Recommend to the City Council approval of the proposed Type B Non-Conformities Text Amendment. 2. Revise the proposed Text Amendment and recommend approval to the City Council. 3. Table action for further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: 1. Receive public testimony and close the public hearing. 2. Offer a motion which recommends to the City Council the approval of the proposed Type B Non-Conformities Text Amendment. (g:4nsoffice\winword\shelly\typebmem.pc) EXHIBIT A C. Full utilization of the . _nonconformity shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of 6 or more months . Time shall be calculated as —beginning on the day following the last day in which-the nonconformity was in full operation and shall run continuously thereafter. Following the expiration of 6 months, the nonconformity may be used only in the manner or to the extent used during the preceding 6 months. For the purposes of this subdivision, intensity of use shall include, but not be limited to, hours of operation, traffic, noise, exterior storage, signs, exterior lighting, types of goods or services offered, odors and number of employees; D. Removal or destruction of a nonconformity to the extent of more than 50 percent of its estimated market value, excluding land, as determined by the assessor, shall terminate the right to continue the nonconformity; E. Notwithstanding the prohibitions contained in the foregoing paragraphs of this subdivision, if approved by the Board of Adjustment and Appeals a nonconformity may be changed to another:-nonconformity of less intensity. In all instances the applicant has the burden of proof regarding the relative intensities of uses; F. If a nonconformity is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights which arise under the provisions of this section shall terminate. Subd. 4 . Regulation of Type B Nonconformities. Type B • nonconformities shall be regulated in accordance with the following: A. Expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity may be permitted upon a finding by the Board of Adjustment and Appeals of the following: 1. the number and extent of nonconformities will be reduced in conjunction with the proposed construction or intensification; 2 . the impact of nonconformities upon adjacent property will be reduced in conjunction with the proposed construction or intensification; and 181 I N the conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section. _ _~_B. -_ A Type B nonconformity which is destroyed to the extent --_ _.: _of more than 50 percent of its market value at the time _ : __of loss shall be replaced only in compliance with the standards of the applicable zone. A Type B nonconformity _ - destroyed to the extent of less than 50 percent of market value at the time of loss may be rebuilt to previously existing dimensions. In reviewing a permit for any Type B nonconformity which has been partially destroyed, the City shall seek to make the development conform as closely to the requirements of this Chapter as is reasonably practical. Subd. 5 . Nonconformity; Eminent Domain. When the taking under eminent domain of a portion of the land upon which there existed a lawful use prior to such taking results in such use becoming unlawful under this Chapter, such use is a nonconformity and may be continued only under the provisions of this Chapter. SECTIONS 11.92 - 11.98. Reserved. _E2 SEC. .11.91. .NONCONFORMITIES. Suhd.21. {Purpose. It is recognized that there are structures and uses _of -land -which were lawful when established but which do not nowcc-omly .wit-h all applicable provisions of this Chapter. While nonconformities may not be summarily terminated, it is the purpose and intent_ of this Chapter to discourage the survival of Type A nonconformities and such uses are hereby declared to be incomp.atible=with this Chapter and with the comprehensive plan. It is-further the purpose and intent of this Chapter to discourage the enlargement, -expansion or extension of any Type A nonconformity or any_=-increase of the impact of such nonconformity on adjoining property. It is also recognized that there are Type B nonconformities in which the uses continue to be permissible but which --are operated on sites or in structures which do not fully meet :the .development standards of this Chapter. It is the intent of--this'Chapter to distinguish between uses which are not permitted and -those in which development standards or other incidents of development are not in full compliance with this Chapter. Type A nonconformities will be discouraged and not allowed to expand while Type:B nonconformities will be allowed to continue in existence and expand under carefully regulated conditions. Subd.-:3. Types of Nonconformities. This Chapter recognizes the following two types of nonconformities : A. Type A nonconformities shall include land and structures which are devoted to a use not permitted by this Chapter. B. Type B nonconformities shall include developed land which . is devoted to a use permitted by this Chapter, but where the site or structure is not in compliance with some other provision of this Chapter, such as the design standards applicable within that zone. Subd. 3 . Regulation of Type A Nonconformities. Type A nonconformities shall be regulated in accordance with the following: - A. No such use shall be expanded, enlarged to use more land area, intensified, replaced, structurally changed, or relocated, except to make it a permitted use. Normal --maintenance and non-structural repairs shall be excepted =from this prohibition; .. 8. No nonconformity shall be resumed if normal operation of the use has been disccntinued for a period of 6 or more months. Time shall be calculated as beginning on the date following the last day in which the use was in normal cperation and shall run continuously thereafter; 180 ORDINANCE NO. 412, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11. 91, NONCONFORMITIES, SUBD. 4, REGULATION OF TYPE B NONCONFORMITIES, BY REPEALING PARAGRAPH A AND ADOPTING ONE NEW PARAGRAPH IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Sec. 11. 91, Nonconformities, Subd. 4, Regulation of Type B Nonconformities, is hereby amended by repealing paragraph A and adopting one new paragraph in lieu thereof, which shall read as follows : Subd. 4 . Regulation of Type B Nonconformitiee. A. Expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity may be permitted upon a finding by the Board of Adjustment and Appeals of the following: 1. the number and extent of nonconformities will not be increased be rcduccd in conjunction with the proposed construction or intensification; 2 . the impact of nonconformities upon adjacent property will not be increased be reduced in conjunction with the proposed construction or intensification; and 3 . the conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section. Note: The otrickcn 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 11 . 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 . [11CCL] -2- ONSENT )ict MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center DATE: April 12, 1995 INTRODUCTION: On April 11, 1995 the Shakopee City Council met in a Committee of the Whole meeting to finalize the plans for the proposed Civic Center Project. The Committee of the Whole is recommending Council approval of several issues with respect to the Civic Center Project. BACKGROUND: On April 11, 1995 the Committee of the Whole moved to recommend to City Council that the following items be added to the Civic Center Project: 1. Elevated walking track. 2. Costs associated with the building permit fee. 3. 10%contingency fund. 4. Allocation of$1 million from the tax increment trust fund balance to the Civic Center Project Fund for a total project fund of$5.5 million. It would be appropriate for City Council to take action formally authorizing the items discussed herein. ALTERNATIVES: 1. Move to support the addition of the following items to the Shakopee Civic Center Project: 1. Elevated walking track. 2. Costs associated with building permit fee. 3. Costs associated with the establishment of a 10%contingency. 4. Allocation of an additional $1 million from the tax increment trust fund balance to the Civic Center Project Fund for a total project fund of$5.5 million. 2. Add or delete from the recommendations forwarded from the Committee of the Whole and direct staff accordingly. STAFF RECOMMENDATION: • Staff recommends alternative#1. ACTION REQUESTED: Move to support the addition of the following items to the Shakopee Civic Center Project: 1. Elevated walking track. 2. Costs associated with building permit fee. 3. Costs associated with the establishment of a 10% contingency. 4. Allocation of an additional $1 million from the tax increment trust fund balance to the Civic Center Project Fund for a total project fund of$5.5 million. 13, CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center Project - Bid Package #I - Pre-cast Concrete DATE: April 12, 1995 INTRODUCTION: The construction manager has reviewed the bids for the-pre-cast concrete associated with the Civic Center Project. The construction manager is recommending that the Pre-cast concrete bid be awarded to Fabcon Inc. BACKGROUND: Attached is a letter from Kevin O'Brien, Greystone Construction regarding the Civic Center Bid Package#1 -Precast Concrete. Based upon Greystone's analysis of the bids and bid alternates they are recommending that the Pre-cast concrete bid be awarded to Fabcon Inc. The bid is slightly below the construction manager's estimate. ALTERNATIVES: 1. Move to award the Shakopee Civic Center Project Bid Package#1 -Precast Concrete to Fabcon, Inc. and authorize the appropriate City officials to execute contract documents accordingly. 2. Do not award the Precast Concrete bid to Fabcon Inc. and rebid. 3. Award the Precast Concrete bid to Spancrete. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: 1. Move to award the Shakopee Civic Center Project Bid Package#1 -Precast Concrete to Fabcon, Inc. in the amount of$445,470.00 and authorize the appropriate City officials to execute contract documents accordingly. 2. Move to approve a 5%contingency for the Civic Center Project Bid Package#1, Precast Concrete. GREYSTONE CONSTRUCTION 4454191 P.01 Post#° Fax Note 7672 /� X0'4 No.ar po. � TAW.v�3-P.5' r.'u/2.'�o�a► To rom #4,6:!ir //: F t's.es e ' Eica Locem to:vim Opt Mops F0l 4/9 5--6 -7/6 TtI toll/3-—3ZaSU res. Irl/s=4r/9/ wna"""P —2.227 Comoro Nyman OCootoy Da" Dolby Ow kitittifI a I Lon CONSTRUCTION COMPANY April 13, 1995 Mr. Barry Stock City of Shakopee 129 S. Holmes Street Shakopee, MN 553/9 Re: Structural Precast Concrete Contract Shakopee Civic Center Project No. 1005 Oear Barry: We recommend the council award the above referenced contract to Fabcon, Incorporated based on selection of Alternate No. 2 (Steel form finish) and Alternate No. 3 (Exposed aggregate finish). Fabcon Spancrete Base Bid $416,555.00 $454,455.00 Alt. No. 2 $ 8.481 .00 $ 59,384.00 Alt. No. 3 $ 20.454.OQ $. 8..232.00 Total $44 j.00 $52 $ .0' Projected budget for precast was $443,890.00. We anticipate change orders in for final design, which may alter the total Fabcon price by plus or minus $3,000.00. Please call me with any questions. Sincerely, A1-4-4,-:If} Kevin W. O'Brien KWO/sb 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone:612-496-2227 Shakppee Minnesota 55379 Employer/Contractor Fax :612-445-4191 / I MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director , SUBJECT: Temporary Traffic Signal at the Relocated Intersection of County Road 18 and Trunk Highway 101 DATE: April 18, 1995 INTRODUCTION: Attached is an agreement for participation in the construction and operation of a traffic control signal system and an integral street light from the Scott County Highway Engineer regarding the proposed temporary traffic signal at the relocated intersection of County Road (C.R.) 18 and Trunk Highway(T.H.) 101 for City Council consideration. Also attached is Resolution No. 4205 authorizing the execution of the Cooperative Agreement if approved by Council. BACKGROUND: The current signal system at C.R. 18 and T.H. 101 needs to be removed in order to complete the construction of the ramps and interchange at C.R. 18, T.H. 101 Shakopee Bypass interchange. Per the Bloommington Ferry Bridge, Shakopee Bypass plans, a temporary signal needs to be installed west of the current signal to provide adequate traffic control for these facilities. The agreement that is attached is a standard agreement for a traffic control system between the County and the City of Shakopee. The City of Shakopee would be responsible for the following items: 1. The City agrees that any City license required to perform electrical work within the City shall be issued to the contractor or the County at no cost to the contractor or the County. 2. The City shall install or cause installation of adequate 3-wire 120/240 volt single phase alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense to the City. 3. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under this project at the sole cost and expense of the City. Item 1 - The City does not require a license for electrical work, however an electrical inspection will be required. The inspection costs will be charged for the installation work with the fee not to exceed those established by the State Board of Electricity, and as allowed by the Cooperative Agreement. Item 2 - The cost of installing power by Northern States Power Co. to the controller cabinet, per NSP is zero. Per the participation agreement, the City is responsible for any cost. Item 3 - The City will pay for the electrical energy to operate the traffic control signal system at 100% of the cost to the City. This cost is estimated to be around $200.00 per month of operation. The signal is expected to be in operation for at least two years, perhaps longer depending on the outcome of the C.R. 18 construction time table. The County is proposing the signal and would like to have the signal activated by April 24, 1995, in order to maintain the project schedule for the Bloomington Ferry Bridge. The previous signal at the existing C.R. 18 and T.H. 101 intersection was installed prior to having a cost participation policy for signals. The County is paying for the power at this signal currently and the City has contributed money in the past for the rehabilitation of the traffic control signal system. The County is applying their current policy to this situation in which the County pays for the installation of the temporary traffic signal to accommodate detour bypass traffic in conjunction with the construction project and the City shall provide the electrical power to operate the traffic control signal system. The agreement has been reviewed by the City Attorney and has been approved as to form. ALTERNATIVES: 1. Adopt Resolution No. 4205. 2. Deny Resolution No. 4205. 3. Table this item for further information. RECOMMENDATION: Staff recommends Alternative No. 1, in order to keep the Bloomington Ferry Bridge on schedule. ACTION REQUESTED: Offer Resolution No. 4205, A Resolution Authorizing the Execution of Cooperative Agreement No. 9505, County Project No. 70-618-12 with Scott County for the Installation of a Traffic Control Signal System and Integral Street Light at the Relocated Intersection of County Road 18 and Trunk Highway 101 and move its adoption. BL/pmp MEM4205 RESOLUTION NO. 4205 A Resolution Authorizing The Execution Of Cooperative Agreement No. 9505 County Project No. 70-618-12 With Scott County For The Installation Of Traffic Signals At The Intersection Of County Road 18 And Trunk Highway 101 WHEREAS, the City Council of Shakopee requested that Scott County perform a traffic signal warrant study for the intersection of County Road 18 and Trunk Highway 101; and WHEREAS, the attached Cooperative Agreement No. 9505 outlining the City's participation in the construction and operation of this traffic signal has been reviewed and approved by the City Council. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the appropriate City officials be hereby authorized to execute the attached agreement and forward it back to Scott County for execution. 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 Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this /6 day ofg , 19'K-by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated temporary traffic control signal system and integral street lights at the intersection of TH 101 and County Highway 18 (temporary realignment) within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The County or its agents shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall install, or cause the installation of a full-traffic actuated temporary traffic control signal system and integral street lights at the intersection of TH 101 and County Highway 18 (temporary realignment). Such installation, as described immediately above, shall be identified and accomplished under State Project No. 70-618-12 hereinafter 1 • Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. I I The term specifications as used herein shall mean the 1988 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. IV The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. • The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. V The County shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. 2 Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott VI The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this bid item in the project was $65,000. • VII The City shall, as its share of the construction costs, pay the County zero percent (0%) of the actual construction cost of the traffic control signal system with integral street lights; zero percent (0%) of the Engineering cost; and zero percent (0%) of such share of the Construction cost as payment for Inspection of State Project No. 70-618-12. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. IX Upon completion of the work, the County or its agents shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County or its agents shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. 3 • Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent 4 *Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. 5 Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott XV The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 6 Agreement No. 9505 County Project No. 70-618-12 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) • By And Mayor City Administrator Date Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By County Attorney County Highway Engineer Date Date APPROVED AS TO EXECUTION: By County Attorney Date J1-WPDOCS\AGRMT\COOP\9505 04/04/94 Rev. 4/11/95 7 EXHIBIT A II. POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity and Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. • Scott County will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. Scott County will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices ' include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Scott County will use its best efforts to afford minority and female enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that this County engages in. Scott County will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. Scott County fully supports incorporation of nondiscrimination and Affirmative Action rules and regulations into contracts. Scott County will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of this County, or subcontractor to the County, who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, specifically Minnesota Statutes 363 will be subject to appropriate legal sanctions . Scott County has appointed Thomas J. Longmire, Personnel Director, to manage the Equal Employment Opportunity Affirmative Action Program. His responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State and Local agencies . The Scott County Administrator will .receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact Thomas J. Longmire, Scott County Personnel Department, Rm 104 Scott County Courthouse, Shakopee, Minnesota 55379 , or call (612) 496-8103 . (,/, / 51,4e r�,LL• k-- G i1- 01-03-95 01-03 -95 Cli • •ord G. McCann Date Richard r Undeiferth Date Sc'j t County Administrator Chairman, Board of Commissioners CONSENT > > � MEMO TO: Dennis R. Kraft, City Administrator FROM: Mark Huge, Chief Shakopee Fire Department RE: Computer Upgrade DATE: April 13 , 1995 BACKGROUND: The increased computer use and record keeping in fire service today has exceeded the capabilities of our present computer system. When running standard available software such as hazard analysis mapping (Cameo) and Fire Department Management (Firehouse) our present system is outdated. We originally scheduled a computer upgrade for 1996 . However, with the use of the above mentioned software the system is insufficient . We have also put increased emphasis on tracking personnel, equipment and maintenance. Better record keeping will make us more efficient and better organized. Staff is reluctant to use the present system due to system fragility and uncertainty. The Fire Department does have the funds in its 1995 budget to cover the above computer upgrade request and is seeking approval to purchase the updated computer system as secured by Steve Hurley for the amount of $3, 877. 67 . ALTERNATIVES: 1 . Approve purchase of computer upgrade at a cost not to exceed $3, 877 . 67 . 2 . Do not approved purchase of computer upgrade at this time. STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to approve the purchase of computer upgrade at a cost not to exceed $3, 877 . 67 . MH/tiv To->Steve Hurley — --— - From->NEXT CENTURY TECH. - Page 3 of 5 -- - - NEXT CENTURY TECHNOLOGIES, INC. NeT . - Quotation#: 17278 NE1'T LEN 1Uk Tuesday, March 28, 1995 rCi;llrirL7t;SCS Contact: Steve Hurley Company:City of Shakopee Sales Representative:Andrew Weesner t-T7 rt Prices and availability are subject to change without notice.Prices are guaranteed for five business day from the date of this quotaton.30 day money back guarantee on bon special order'ttvms.Items that are considered tapecial order are dearly marked as so.CPUb,memory and software purchased separately from a new NCT computer system are non-refundable. No credit card charges-COO and Company Ruches.Orders accepted with approved credit check Minimal 20%refundable deposit required on a!new computer purchases.Intel logo is a registered trademark of Intel Corporation. NCT P5-167C Intel Pentium 90Mhz Microprocessor Intel Neptune Chipset Pentium PCI Motherboard 64-Bit Data Path Architecture with 256k Write-Back Cache (3) PCI&(5) ISA 16-Bit Expansion Slots Intel Pentium ZIF Socket 16MB RAM expandable to 128MB on Motherboard - 1.44MB 3.5"Teac Floppy Disk Drive 730MB IDE Western Digital Caviar Hard Disk Drive(9ms Access Time) Double Speed CD-ROM Drive(320ms Access Time, 350KB/Sec Transfer Rate) 2MB DRAM PCI Diamond Speedster Pro SE Video Accelerator 17'Acer"Green"NI Super VGA Color Monitor, .27DP1,Digital Controlled, Low Radiation Integrated PCI Enhanced IDE FDD&HDD Controller (2)Serial&(1)Parallel Port(s) Quality Mini-Tower or Desktop Case 101 Enhanced Keytronics Keyboard 2000 Microsoft Mouse 2.0 and Mouse Pad Microsoft DOS 6.22 and Anti-Virus Microsoft Windows for Workgroups 3.11 / America On-Line with 10 Hours Free On-Line Service(Modem Required) ,41 - 1 j Telemagic Contact Management Software Demo for Windows US Robotics 28.8 Sportster Internal Fax/Modem 5 Year Limited Warranty, 100% Parts and Labor, 1 Year On-Site y. $3196.00 ---- UPGRADES AND ADD-ONS Intel Pentium 90MHz CPU to Intel Pentium 100MHz CPU $ 190.00 Double Speed CD-ROM Drive to Teac 4X Super Quad CD-ROM Drive $ 135.00 / TAPE BACKUP / Colorado 700MB Internal Tape Back-Up Drive $ 289.00 High Performance Tape Controller(Optional, Not Required) $ 73.00 External Mounting Kit and Power Supply $ 83.00 DIGITIZING TABLETS SummaGraphics SummaGrid IV 36x48 16 Button MF#:01-4169-002 $1331.00 CalComp Drawing Board III 36x48 16-Button MF#34480-H4 $1621.00 2� -10 ti DIGITIZING TABLET ADD-ONS CalComp Manual Lift/Manual Tilt Base for Drawing Board Ill 36x48 $ 459.00 I. rIRSg 7625 GOLDEN TRIANGLE DRIVE 'EDEN PRAIRIE.MiNNESOTA 55344 •TEL:(612)944-1600,fAX:(612)944-1115 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Ass't City Administrator RE: Completion of Probationary Status DATE: April 11, 1995 INTRODUCTION: On October 10, 1994 Tami Vidmar was appointed to fill the Customer Service Representative Position. BACKGROUND: Every original appointment is subject to a probationary period of six months after appointment . Ms . Vidmar has successfully completed her probationary period. During the past six months Ms . Vidmar's performance has met and/or exceeded the required work standards . ALTERNATIVES: 1 . Terminate Ms. Vidmar's probationary status. 2 . Take no action. RECOMMENDATION: Move to terminate Ms . Vidmar's probationary status . ONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Ass't City Administrator RE: Completion of Probationary Status DATE: April 11, 1995 INTRODUCTION: On October 10, 1994 Barb Potthier was appointed to fill a Clerk Typist I Position. BACKGROUND: Every original appointment is subject to a probationary period of six months after appointment . Ms . Potthier has successfully completed her probationary period. During the past six months Ms . Potthier's performance has met and/or exceeded the required work standards . ALTERNATIVES: 1 . Terminate Ms . Potthier' s probationary status . 2 . Take no action. RECOMMENDATION: Move to terminate Ms . Potthier's probationary status . IIC) NSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus Property DATE: April 7, 1995 Introduction Council action is needed to declare property surplus in order to dispose of equipment . Background The following vehicles have had replacements purchased or are no longer needed. 1980 Ford Dump Truck 1988 Subaru 1990 Ford Crown Vic 2FACP72G9LX151765 1989 Ford Crown Vic 2FABP72GXKX176247 1991 Ford Crown Vic 2FACP72GIMX172515 Action Requested Move to declare the following vehicles surplus property to be disposed of in accordance with the City Code : 1980 Ford Dump Truck 1988 Subaru 1990 Ford Crown Vic 2FACP72G9LX151765 1989 Ford Crown Vic 2FABP72GXKX176247 1991 Ford Crown Vic 2FACP72GIMX172515 memo\surplus2 GO SENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Property Tax on City Property DATE: April 5, 1995 Introduction Council authorization to process an abatement request is necessary to delete taxes on city property. Background A parcel of the upper valley drainage ditch was conveyed to the city in 1992 . County records do not reflect the change in ownership and therefore a property tax bill was generated for the parcel . An abatement request is needed to initiate the process of eliminating the taxes for pay 1995 . Action Requested Move to authorize staff to process an abatement request to the county to abate property taxes on parcel 27-169051-0 for pay 1995 taxes . Iii CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 4/11/95 . Included in the bill list is rehab grant payment to the Tole Bridge in the amount of $1, 946 . 63 . Also included in the bill list is payment to Superior products in the amount of $3, 210 . 98 for beer dispensers. The 1995 budget has $3, 000 listed in the Park Reserve Fund for Tahpah Park concession cooler. 41 1! CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/12/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 947 17,035 25 12 CITY ADMINISTRATOR 219,200 6,106 46,893 21 13 CITY CLERK 121,170 4,258 31,187 26 15 FINANCE 302,310 6,623 65,841 22 16 LEGAL COUNSEL 212,090 7,106 51,715 24 17 PLANNING 464,430 11,011 82,419 18 18 GENERAL GOVERNMENT BUILDINGS 148,120 6,890 29,731 20 31 POLICE 1,490,650 45,041 366,777 25 32 FIRE 410,240 3,158 55,291 13 33 INSPECTION-BLDG-PLMBG-HTG 197,780 6,917 47,397 24 41 ENGINEERING 357,100 9,515 74,355 21 42 STREET MAINTENANCE 759,180 18,917 136,117 18 44 SHOP 112,120 5,509 27,088 24 46 PARK MAINTENANCE 292,420 12,503 59,172 20 61 POOL 136,580 135 3,235 2 64 RECREATION 239,580 5,854 55,021 23 91 UNALLOCATED 136,000 1,304 11,348 8 TOTAL GENERAL FUND 5,668,420 151,794 1,160,622 20 17 PLANNING 467,160 2,752 72,039 15 TOTAL TRANSIT 467,160 2,752 72,039 15 12 CITY ADMINISTRATOR 119,080 5,602 12,488 10 TOTAL HRA 119,080 5,602 12,488 10 ' a a a s a a s a a a a a a x x x H H H H H H H H H H H H H 0 0 0 r♦ m 1:11 g 03 a I 1 0 a 14 U H N CO 0 Cn a1 r-I N M M M 0 10 t0 N 10 t0 N N Aldi d' ViI d� d� di dI II N N 01 01 N N N N N 01 01 01 01 N N N H O 0 M M 0 0 0 O O M M M m O 0 O O O N N 0 0 O 0 0 N N N N O 0 0 qC N 10 r-I M e• to O t0 O M v-I co CO O 0 0 N N N N N CO M N CO CO CO N N ri ri r I I-1 ri r-1 ri ri M P- ri M ri ri ri ri N N N I N N N N N d� M N vi N N N N VI 'V VI t I I I I 0 N N N N N rI O N N N N N N M r1 rI U v-I r1 ri r-I ri ri 1-1 ri N ri r-I r-1 r-1 ri rI N U at 01 a% a% 01 N N a1 di a% 01 01 a1 m v-I' A.' 0 O O O O O 01 0 0 0 0 O O O 0 O ai 01 VI F.1 M Ol M IN O VI W • �t H H H H 4 0a a 01 A U a a a Ha a GI W a U WH a a a H ai H i.p qiCO cwn UCC H w y cUn Z Oi R Al H p Pc 0 co P1 x co x a a a o M 0 H H H U' a 4 U C4 C4 a COH N N o er U �''+ H H v E i x El N 0 Cl N 04 PI P4 0O 0 E E 0 U U 0 0 0 0 lxi W �+ - .. asas H U U N [-IHW U U El U W W W ON F. nW � � \ U \ N H U p`' HHN 0 W W O in Ei El 0 co 0 F H a N 0 W O O O E� H $ 0 a U a a 9 7 Cl)U H 14 14 U) U U in 1r, a a « H N a W O U U 14 07 0 01 H x a C13ICIb D 0 0 Lal r-I N it it it it * it it it it it ♦< r-1 Elr'I ri a1 01 N CO IA to 111 0 0 0 0 0 03 CO 0 0 N N t0 10 10 10 0 0 0 N N N VN ri N 00 CO O IA to O O r 10 10 M M O 1 r-I a1 01 0 0 N 0 P. 0 N N co CO M M t0 Cl N m N IA In in CO CO NN in to Cl N 1-I ri M N 0 A'i t0 t0 II .44 co O co rl ri N Cl a1 sN It ri ra M M r-1 H O O i/J• 4* irk 1-1 rI u1 to 0% 01 It M N r-1 ri 01 t0 un to in N N rI ri N Cl M M in in V in ifr in in. • • • i? 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M C1 y} 4/1- 01 /}01 rl N . H /1 A V r1V Pi P a C4 I 0 y 3 B O a H y >+ H azz7 a H •Uzi N a H IN 01 U �{R ; a a xc� Et a Z co U H ell in 0 H N CO 0 0 0 0 0 WI 0 1-1 H N N M M rl m di CO eM U 0 rt H I, de '4, ep N N N N CO a H it * 40 40 * 40 at * * * * 0 U U Du as a'r CL. C4 a4 a4 Pi as 44 as a4 OONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 151:' SUBJECT: Tractor and Mower Acquisition DATE: April 18, 1995 INTRODUCTION: The Public Works Department is requesting City Council authorization to purchase one new tractor and mower. BACKGROUND: The Park's Division of the Public Works Department has $18,000.00 in the Capital Equipment Budget for purchasing one new tractor and one new heavy duty 6 foot rotary mower. The Public Works Department (Park) currently has two 1710 Ford 2 Wheel Drive Tractors at 23 horsepower without a cab. These tractors were purchased in 1985 and are used to mow our parks and some small ditches. Other pieces of equipment used with these tractors are the slit seeder, turf aerator and lawn sweeper. Staff is recommending buying a 4-wheel drive, 40 horsepower tractor with a year round cab. This tractor would be used for all the above uses including in the winter time with a front mounted broom for sweeping sidewalks and ice rinks. The other task is helping out our large 3910 Ford Tractor in the very steep drainage ditches, cutting grass, etc. Staff has tried our 4-wheel drive 1070 John Deere with a rear mounted 3 point, 7 foot rotary mower in our drainage ditches going around trees, etc. and has performed well in these areas and on steep slopes. Staff recommends trading in one of our Ford 1710 2-Wheel Drive Tractors originally purchased for $7,500.00 in 1985. The heavy duty 6 foot rotary mower would be on additional piece of equipment to our fleet of equipment. We do not have a heavy duty 6 ft. rotary mower for this tractor that would be used on the drainage ditches, steep banks and in our road ditches. Staff has contacted two dealers to submit proposals to replace our 1710 Ford and purchased a new mower. Bids are as follows: NAME EQUIPMENT TOTAL PRICES W/TAX Siemon Implement Tractor W/Trade $15,117.68 (Belle Plaine) Mower 2,854.20 $17,971.88 Carlson Tractor Tractor W/Trade $20,414.99 (Rosemount) Mower 1,679.51 $22,094.50 The dealers have met the required specifications. The prices include all taxes and trade-in on the existing Ford 1710 Tractor. ALTERNATIVES: 1. Accept Siemon Implement quotation for the 1070 John Deere Tractor and 609 72" Heavy Duty Rotary Mower (cutter) for the total cost of$17,971.88. 2. Accept Carlson Tractor quotation for 2120 Ford Tractor and 25 series 72" Rotary Mower (cutter) for the total cost of$22,094.50. 3. Direct staff to obtain additional quotes. 4. Deny the above request. RECOMMENDATION: Based on actual demonstrations of the tractor and specification for the mower (cutter), Public Work's staff recommends purchasing the John Deere Tractor and mower (cutter). ACTION REQUESTED: Move to authorize the purchase of the Siemon Implement quotation for the John Deere 1070 Tractor and 609 Rotary Mower (cutter) for the total price of$17,971.88, with the trade of the 1710 Ford Tractor, out of the Capital Equipment Budget. CO5SENTJ lc MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 6 SUBJECT: Antifreeze/Coolant Recycler DATE: April 18, 1995 INTRODUCTION: Staff is requesting authorization to purchase a new Antifreeze/Coolant Recycler. BACKGROUND: The Shop Division Budget of the Public Works Department includes $3,600.00 for the purchase of a new Antifreeze/Coolant Recycler. At this time the City shop does not have a recycler. In the past years the procedure was to replace the coolant and dump the old coolant down the drain. New mandates prohibit dumping of coolants in landfills or into sewers in many communities in the United States. With the Antifreeze/Coolant Recycler you can test a vehicle's chemical P.H. level and properly clean the system. The cooling system is backflushed by the recycler with scale and suspended matter filtered out. Toxic dissolved metals are changed to oxidized harmless solids and filtered out. Additives adjust the P.H. levels to a safe range with needed inhibitors for our vehicles today. These recyclers have been made for about the last five years with companies foreseeing the need for recycling. Advantages for the City: • Preventive Maintenance. • Save wear and tear on today's gas and diesel engines with different metals being used in components such as heater cores, water pumps, radiators, heads, etc. • Saves on purchases of antifreeze/coolant. • Saves on disposal of used antifreeze/coolant which can cost up to $6.00 a gallon for disposal. • Environmental Reasons. • New mandates prohibit dumping antifreeze in landfills or into sewers. ALTERNATIVES: 1. Authorize staff to purchase a Antifreeze/Coolant Recycler from Motor Parts Service, Shakopee, MN for $1,895.70. 2. Authorize staff to purchase a Antifreeze/Coolant Recycler from NAPA Auto Parts, Shakopee, MN for $1,916.99 or from Big A Auto Parts, Shakopee, MN for $1,915.94. 3. Direct staff to obtain additional quotes. 4. Deny the request. 5. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to purchase an Antifreeze/Coolant Recycler from Motor Parts Service, Shakopee, MN for $1,895.70. BL/pmp COOLANT „* _, ,,,,,,,- V SOLAR 5010 0 ANTIFREEZE COOLANT RECYCLER ___,„,,,,, ( , ,, , I - � 11c ®I/ t F,+ I ii j c ..4 1 R✓ i •► . 4Itig - i, -.)t\:***”. �e - ( , : % * 7°11.III ( ' . \ , , ? 1 � It • Increases your profits, and protects the environment. • Restores antifreeze/coolant to meet or Lexceed automotive specifications. SOLAR. : 11 .E MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Sidewalk Agreements DATE: April 10, 1995 INTRODUCTION: Staff has received a request from Old Republic Title Insurance Company to release a sidewalk agreement from a particular parcel. BACKGROUND: Staff has been asked to release a 1986 sidewalk agreement against a twin home in Eagle Creek Junction 1st Addition. This parcel is located along CR-16 East of Marschall Road. With the platting of Eagle Creek Junction 1st, there was a . recognition that there would be a sidewalk located along CR-16 at some future time. Since it wasn't an appropriate time to actually construct the sidewalk, there was a separate agreement entered into between the developer and the City. In this agreement the property owners petitioned for the sidewalk and agreed that the construction would occur when the City determined by resolution the need for such improvements. In this agreement the developer waived the public hearings and the right to appeal the special assessments. Over the years, the City has required sidewalks in certain plats, but allowed their construction to be delayed until a later date: In all cases the developer either put up some financial assurance or petitioned the City for the improvements and waived the public hearings and the right to appeal the special assessments. See' the background information regarding sidewalks and trails in the non-agenda information memo from the Planning Director. This memo also provides information regarding the recent changes in the City's assessment policies. There were a number of amendments to the City's Special Assessment Policy between January, 1992 and February, 1995. There was a brief period of time between amendments (May 18, 1993 to February 7 , 1995) where sidevalks. .alo_ng__col�ector and arterial streets would not be assessed fnr vP1 nr)mpnt-. During this period of time the City Council authorized the release of the sidewalk construction requirement for Eagle Creek Junction 2nd - Mount Olive Evangelical Lutheran Church on Marschall Road, and Century Plaza Square 4th - Snyder Drug on 4th Avenue. Release of Sidewalk Agreements Page -2- SUMMARY: Under the old assessment policy and until May 18, 1993, Council policy was to assess for sidewalks on all streets. Shortly after Council changed the policy to exempt sidewalks along collector and arterial streets, two previously platted subdivisions were excused from their developers agreement which required sidewalks along the collector streets. On February 7, 1995 an amendment to the assessment policy was adopted requiring that sidewalks be assessed in new plats, even when adjacent to collector and arterial streets. Staff is seeking direction regarding sidewalks along collector and arterial streets where a sidewalk was required in the plat approval process for a particular parcel. Under current policy, the developer installs them at the developer' s expense on new plats, and the City installs them at City expense elsewhere. This fits the City Council' s policy of having new development pay its own way, and of having the existing taxpayers pay for improvements that benefit a wide area of all of the existing City. Staff has been asked to release a 1986 agreement requiring a sidewalk on a collector street for a particular parcel. Does City Council want to require the developer or current property owner to pay for the sidewalk when installed, or to have the City put it in at no cost to the developer or property owner (except taxes) ? Requiring the developer or propety owner to pay would be consistent with Council's current policy. ALTERNAITVES: 1 . Consistent with current policy, do not release the parcel in question, Eagle Creek Junction 1st Addition, or any plat from agreements requiring sidewalks along collector or arterial streets . 2 . Release the parcel in question from the agreement 3. Release all of Eagle Creek Junction 1st Addition from the agreement. 4. Release all plats subdivided prior to 2-13-95 of any responsibility contained in a developers agreement for sidewalks along collector or arterial streets. (This would include at least three additional subdivisions. ) 5. Direct staff to amend the special assessment policy and developers agreement to provide that the City shall pay for all sidewalks along collector and arterial streets , even in new subdivisions. RECOMMENDATION: Staff recommends that Council discuss whether or not to concur with current policy and deny a request to release a parcel from an agreement requiring the developer orcurrent property owner to pay for a sidewalk along a collector street. f / rr Memo To: Dennis R. Kraft, City Administrator From: Lindberg S. Ekola, Planning Director RE: Draft 1995 Shakopee Comprehensive Plan Date: April 10, 1995 INTRODUCTION: At the April 6, 1995, meeting, the Shakopee Planning Commission completed their review of the draft 1995 Shakopee Comprehensive Plan and closed the public hearing. They passed a motion recommending that the City Council approve the draft plan. BACKGROUND: Attached is a copy of the Planning Commission staff memo. Also attached with this memo are the materials presented by Mr. Bob Ostlund of the Shakopee School District (ISD 720) and proposed staging area changes as recommended by Mr. Steve Schwanke of RLK and Associates. Mr. Schwanke is representing the Shakopee-Jackson Coalition. DISCUSSION: Since the February 28, 1995, Committee of the Whole (COW) meeting, City staff has met with Jackson Township officials and various property owners on the draft plan. The revised Draft Plan, which was distributed to the City Council at their April 4 meeting, includes the text revisions as directed by the COW. As noted in the attached Planning Commission staff memo, the MUSA expansion calculations have also been reworked and a conceptual 2010 MUSA area identified. With regards to the School District boundary issue, a detailed presentation was made at the April 6th Planning Commission meeting by ISD representatives. The analysis of the issues by Mr. Ostlund illustrated that it did not make sense for the Shakopee School District to pursue a boundary change or trade with the Burnsville School District. This is largely due to the dependence on state funds rather than local property taxes for our public education system in Minnesota. Mr. Ostlund did not feel that the situation would change with any future legislation, in fact, the situation may even make a trade less desirable. City staff has met with staff members of the Metropolitan Council on many occasions to review a variety of issues facing Shakopee's future growth. On each occasion, City staff has worked to identify and clarify the appropriate regional issues facing the City and ways in which they could be resolved. Staff believes that these discussions will be helpful in the approval process of the 1995 Shakopee Comprehensive Plan by the Metropolitan Council. ALTERNATIVE: 1. Approve the 1995 Shakopee Comprehensive Plan as recommended by the Planning Commission. 2. Make revisions to the 1995 Shakopee Comprehensive Plan and approve the document. 3. Table action on the plan for further information from staff. 4. Direct staff to submit the Comprehensive Plan to the Metropolitan Council for their review and approval. PLANNING COMMISSION RECOMMENDATION: Planning Commissions recommends alternatives 1 and 4. ACTION REQUESTED: Offer a motion which approves the 1995 Shakopee Comprehensive Plan and direct staff to submit the plan to the Metropolitan Council for their review and approval. (g:\msoffice\winword\shelly\0410comp.cow) (0. MEMO TO: Shakopee Planning Commission FROM: Paul Bilotta, Economic Development Coordinator DATE: March 39, 1995 RE: Comprehensive Plan INTRODUCTION: This continued public hearing will provide another opportunity for the public to comment on the Comprehensive Plan land use map or any other aspects of the Comprehensive Plan process. DISCUSSION: At the February 28, 1995, C.O.W. meeting, the City Council requested that a limited delay be put into the Comprehensive Plan approval process to allow for distribution of copies of the draft Comprehensive Plan to the Township. Staff has made numerous attempts to set up a meeting with Jackson Township, however, telephone calls were not returned., Staff has used this time to meet with the group of developers requesting more MUSA allocation west of CR 17 and in Jackson Township. Staff has explained the rationale that went into the draft document before the Planning Commission but it is unclear at this time whether any issues have been resolved. There are two major changes to the Comprehensive Plan document related to the MUSA issue. First, there appeared to be confusion about how the short term, Year 2000 MUSA allocation related to long term growth patterns of the City. Staff has placed a conceptual Year 2010 MUSA line on the Land Use Map to better provide a longer term perspective of growth patterns in the City. (It is important to note that the term"Year 2010" means MUSA that will be allocated in the years 2000-2010.) Secondly, staff has reworked the MUSA expansion calculations to reduce some of the remaining conservative assumptions, resulting in a larger MUSA allocation request. It is important to note that all of the original 360 acre land trade area was allocated to the western side of town (the first 173 acres went to Jackson Township as part of last Fall's annexation). The general policy issues have been left intact. Representatives from the Shakopee School District (ISD 720) will be in attendance to provide information on school district funding impacts, since this issue seemed to be of importance at the February public hearing. Staff does not have expertise this area because school district funding is a unique property tax system involving significant State involvement. ALTERNATIVES: 1. Recommend approval of the Comprehensive Plan. 2. Modify the Comprehensive Plan and recommend approval. 3. Continue the public hearing and request additional information. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer motions to close the public hearing and recommend to the City Council the approval of the Comprehensive Plan. (g:\msoffice\winword\shelly\0330.wpd) ,. e. / h.,) .."1,7.11.'S .i'3 1.i; 1 {) ; 5 ` �t !t ?V�ei � ' $ 1 ; `8'. 'y'®^a c1.I �Tt,i r, 5 ' ,,l; o J• Q@ w��li -ti " • kvy, ., A C k g' .. h.tk . MI �����t��" VI�iU �? F<lu "°H/.Nr \,,'11- _.. e �y�ill• R. P•�L'd'� - ,,�sa ��y V n)2I)/4 jA, '.re .1+1 & L [ n?1 411*• 7 •Qi . J yg��17ob. ���'� \•:.i sir . � z L�- �` ' Fly :la wW ,� 8 1� r f c. i •8� 3 4e1z?• 4i)kattP.41iitiAll IiiININIS ;' 4,.'. 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P �lhya '\, 1I. t\ I E. y. �l \ 1, \ 'r J)-1-1L1(/ ; ` ' u c i ° \'N // i I !� \1 l:l I PI 1� A " � r 1 1 \MIL'S ; lid � + /-, \ 5.1,st(,I.I•: FA\11IA - \`` r. \, 1`. ---_ 44_P:r k K } ti E � E,: �' F; I ,( E � - N 1 1T( , 1'` 1 w Shakopee & Burnsville Boundary Issue Proposed Development Added Tax Rate Market Determination Value Tax Capacity • City of Shakopee in Burnsville District 48,732,800 1,961,523 • City of Savage in Shakopee District 137,436,415 2,254,863 Trade would result in loss to the Shakopee District of 88,703,615 293,340 Effect on $90,000 home: Tax capacity of $90,000 1,080 Debt & Referendum rate with no trade 12.18 Debt & Referendum tax rate with a trade 13.08 $1,080 x 12.18% = $131.54 $1,080 x 13.08% = $141.26 Loss to taxpayer on $90,000 home $9.72 w Projected New Student Revenue Savage-Area of Shakopee District Elementary (175 students x 1.0 x $3,150) $551,250 Secondary $716,625 (175 students x 1.3 x $3,150) Total formula revenue $1,267,875 Referendum revenue $194,005 (402.5 Pupil Units x $482) Total revenue from students $1,461,880 XTreeGold for Windows - F:\BRENDA\*.* < 1 > Name Size Date/Time Attrib 3lpolltr 9,825 04/05/95 3:13PM a env.1 6,881 04/11/95 2:37PM a trooper.lst 8,332 04/12/95 11:15AM a MEMO TO: Shakopee Community Development Commission FROM: Paul Bilotta, Economic Development Coordinator RE: Housing Programs DATE: April 4, 1995 DISCUSSION: As mentioned at the March 15, 1995 CDC meeting, the City Council has directedstaff to report on housing issues with the purpose of assessing whether the City's current role in housing should be altered. Housing is an extremely complex issue due to the large number of federal and state programs as well as the variety of definitions that exist for the term"housing program". Housing programs may be directed at people below the poverty line or they may be available to a wide range of income ranges, for instance first time homebuyer programs or the deductibility of mortgage interest. Attachment 1 contains a list of possible housing actions at the city level. Attachment 2 provides background data on housing from the Comprehensive Plan Housing Section that outlines the current housing situation in Shakopee. Using the categories outlined in Attachment 1, the City has primarily concentrated its efforts in the"Monitoring/Facilitating" and"Enforcement" categories. The Scott County HRA has concentrated its efforts in the"Tenant Oriented" and "Rental Property Owner Oriented" categories. At various times, the City and County HRA have cooperated for a joint development project as outlined in the Comprehensive Plan Housing Section (Attachment 3). Some cities have chosen to become involved in the"Owner-Occupied Oriented" category through participation in first time homebuyer programs although Shakopee has not participated in this program in the past. Many of the items under the heading"Types of Actions" could involve creation of new programs. Creation of new programs could result in a number of different outcomes, both positive and negative, that could be evaluated prior to implementation of a new housing program element. In some instances, additional staffing might be required. The intent of this memo is not to cause debate on these finer issues but to seek direction on the general categories the City should be involved in and any actions that should not be considered. From this general direction, staff can then identify which recommended actions would involve new programs and the amount of effort that would be required to set up these new programs, if any. STAFF RECOMMENDATION: Given existing policy direction, staff recommends the City continue to concentrate its efforts in the"Monitoring/Facilitating", "Enforcement" and in limited circumstances, "Ownership/Development" categories. ACTION REQUESTED: Review Attachment I and offer direction as to which actions and categories should not be considered for increased City involvement and provide any input as to what actions, if any should be added to the list. E ' I Iv 1 U = c a) { a) EO O s = 0 ecz 1 A _ '.• ' L 'L7 C a) Q { { { w; a) c) j 3 0 X_ o = O 'O 4. V {1 { 3 0 >, s CA III C j a) EOO • y — O 'O C 0. ` O c co .5 h � c y� i = { a) a ° ..c 0.a. o fIi "C x 0 0 _:12 a.' _ ITS ! ° f.a 3 ami o c Is s cii -'�'� 7 ..L7 1 Vl N = O w a) L45. 0 41 e- �1 +�+ 4.. 1 >, C > C .y .fl 0 P� «S cc j Q) = WO • . E . 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L i O U 8 U O 0 c c� _ cc c ' 3 N M C ir; V� Arrraertrmt Volume I: Housing . • • • • Housing . •• at- S.T 0% 1-7; L. • • I : :. • • 61 Shakopee Comprehensive Plan Housing Tenure As with most other housing statistics, Shakopee generally follows Metro area trends.'The slightly larger percentage of home ownership is likely the result of the abundance of lower priced "starter" homes in the community. Chart J Housing Tenure 1990 Cl) 8000 0 60% 0 = 40% 0 v20% 0% Owner Renter al Shakopee ®Metro (Source: U.S. Census) Table 17 Housing Tenure 1980 1990 Owner 2,279 2,942 Renter 947 1,221 Total 3,226 4,163 (Source: U.S. Census) 62 Volume I: Housing Age of Owner-Occupied Units With the exception of Pre-1939 housing and the 1970's, Shakopee's owner-occupied housing unit development history has closely followed Metropolitan Area trends. Chart K Age of HousingUnits . . Owner-Occupied .c 30% 725% a. Er_1111 015 /0 — — _ _O 5 /o r– _ • 0 0 /0 Pre-1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1990 : Year of Construction ' _. Shakopee®Metro : Table 18 Age of Owner-Occupied Housing Units `- � Year of Construction Shakopee Metro Pre-1939 10.1% 20.0% = • 1940-1949 7.0% 7.4% j 1950-1959 16.4% 18.3% ' = 1960-1969 14.9% 14.0% • 1970-1979 28.4% 18.9% 1980-1990 23.2% 21.4% f (Source: U.S. Census, Metropolitan Council) 63 Shakopee Comprehensive Plan Age of Renter-Occupied Units Shakopee's rental development history has also followed Metropolitan Area trends pretty closely with the exception that the development boom in the 1970's arrived a decade later in Shakopee. Chart L Age of Housing Units c Renter Occupied D 35% X 30% 7125% =■ • o -■ =, v20% _ C2. 15% r.... _ . _ . ._ zni _____-- 0 ,.....= ,...._ =,__. ___....... --E, 10% . a _ .. , _ ._ --_._ ._ ______ ____ 4.- II _-- --_____E ai ...=. ___n-:.:-. =_-_L- . 0 ._ 0% . .. _ .. =.__ . ._ c Pre-1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1990 Year of Construction ®ShakopeeM Metro Table 19 Age of Renter-Occupied Housing Units Year of Construction Shakopee Metro Pre-1939 13.4% 16.3% 1940-1949 5.1% 4.0% 1950-1959 7.0% 7.0% 1960-1969 14.8% 16.3% 1970-1979 25.1% 31.5% 1980-1990 34.6% 24.9% (Source: U.S. Census, Metropolitan Council) _ 64 Volume I. Housing Housing Values In comparison to the Metro Area as a whole, Shakopee is providing significantly more affordable, starter units in the $50-I00,000 range(1990 value) as a proportion of its total units. All other price values are underrepresented in the City although Shakopee is very • close to meeting the Metro area's proportion of very low value units. The largest deficit in the City is in the$200,000+ price range. • Chart M Owner Occupied Units • 1990 Value ($1 ,000's) 80% 60% U O 40% 0 020% o o <$50 $50-5100 $100-5150 $1504200 5200+ r Shakopee Metro • (Source: U.S. Census) != C L:, 65 Shakopee Comprehensive Plan Table 20 Value of Owner- Occupied Units (1990) ($1,000's) Shakopee Metro < $50 2.1% 3.9% $50-$100 75.7% 60.9% $100-$150 18.7% 23.1% $150-$200 2.8% 6.6% $200 + 0.7% 5.5% (Source: U.S. Census) 66 'Volume I: Housing Recent Single Family Valuation • Shakopee's tradition of providing affordable single family housing is continuing as evidenced by the 1993 building permit activity (the latest year for Metro Area statistics). The average single family home built in the Metro Area is over 33% more than the average new single family home constructed in Shakopee as shown below. Chart N . Single Family Affordability , . ,:. 1993 i c o $130,000 j "iii co $120,000 - -5,757/,,,,,w,7 ----% _ '� $110,000 — %� $100,000 — ' � — / ` %%_ i%.- $90,000 - � �%/a' -/i %$80,000 Q _ Shakopee ®Metro % Scott County 4 t. Table 21 [ . Average Single Family Valuation - 1993 I,. Shakopee Metro Scott County 1 s Single Family Units 198 13,746 893 h • Average Valuation $91,171 $122,115 $117,391 (Source: Metropolitan Council) It.:-- ; ... i` • 67 Shakopee Comprehensive Plan Median Values-Owned Units When comparing median owned unit values, it appears that Shakopee has consistently maintained values that are more affordable than the Metro Area as a whole. In real terms, the median owned unit has become more affordable during the period 1980-90. Chart 0 Median Owned Unit Value (1990 $'s) $105,000 $100,000 $95,000 $90,000 $85,000 - $80,000 1980 1990 -� Year ®Shakopee ® Metro Table 22 Median Value of Owner- Occupied Housing (1990 $'s) 1980 1990 Change Shakopee $99,852 $86,200 -13.7% Metro $102,542 $89,211 -13.0% (Source: U.S. Census) 68 Volume I: Housing Median Values-Rented Units Unlike owner-occupied units, rental units saw a real increase in median monthly rents • between 1980-90 although the increase was much more dramatic for the Metro Area as a whole. In fact, Shakopee now has a slightly lower median monthly rent than the Metro Area. Chart P Median Monthly Rent (1990 $'s) $450 F $425 $400 $375 -- $350 1980 1990 Year Shakopee ®Metro Table 23 r.: Median Monthly Contract Rent (1990 $'s) 1980 1990 Change j Shakopee $390 $445 14.1% Metro $377 S447 18.6% ; (Source: U.S. Census) 69 • Shakopee Comprehensive Plan Affordability The 1980 Federal Housing affordability standard was defined as an individual household's housing cost not exceeding 25 percent of its household income. For the 1990 Federal Housing affordability standard, the standard was revised to be defined as housing cost not exceeding 30 percent of household income. As might be expected from the median values, Shakopee is general more affordable than the Metro Area as a whole. This is particularly true in rental units. Chart Q Unaffordable Units Owner Occupied co 20% 13 'Q, 15% U ;-- -_- • o 10% 5% - -- 0 -- 0 0% 1979 1989 Year Shakopee ® Metro (Source: U.S. Census) 70 Volume 1: Housing Chart R Unaffordable Units , , Renter Occupied = 50% .a 40% -�_ 030% X20/o 1111111-- i- aZi 10% — ■ O - - 0% ■ 1979 1989 Year ®Shakopee ®Metro (Source: U.S. Census) s s) - Table 24 ti -a - Percent of Households x In Unaffordable Housing 1979 1989 Change 1 � = Shakopee Owner HH's 19.0% 14.3% -4.7% I.- Metro Owner HH's 19.3% 14.9% -4.4% F Shakopee Renter HH's 48.2% 29.4% -18.8% , [[ Metro Renter HH's 46.3% 40.1% -6.2% f ;. (Source: U.S. Census) i 71 Shakopee Comprehensive Plan Vacancy Rates Shakopee's vacancy rates have generally remained lower than the Metro Area as a whole and have followed a similar rate of change between the years 1980-90. Chart S Vacancy Rates 6.0% 5.0% 4.0% ■ 3.0% o 2.0/o _1.0% — — 0.0% 1980 1990 ®Shakopee ®Metro (Source: U.S. Census) Table 25 Vacancy Rates Shakopee Metro 1980 3.0% 3.6% 1990 4.1% 5.1% 72 Volume I: Housing Table 26 Vacancy Rates 1980 1990 Households 3,226 4,163 Vacant Units 100 177 • LTotal Housing Units 3,326 4,340 (Source: U.S. Census) Table 27 • Vacancy Rates by Type 1990 Seasonal/Recreational 5.0% Homeowner 0.9% Rental 7.7% • (Source: U.S. Census) • • • yr 73 /; Shakopee Comprehensive Plan Housing Types Due to its status as a freestanding growth center prior to 1994, Shakopee has a much larger range of housing types than might be expected in a"suburban" area. Shakopee is committed to continuing to offer opportunities for the development of a wide range of housing types. Table 28 Housing Units by Type (1990) Units Percent SF Detached 2,777 64.0% Alternative Housing Types 1,563 36.0% • TOTAL 4,340 100.0% 1 (Source: U.S. Census) Table 29 Alternative Housing Types Units Percent 1 Unit Attached 316 20.2% 2-4 Unit Building 316 20.2% 5-9 Unit Building 162 10.4% 10+ Unit Building 672 43.0% Mobile Homes/Other 97 6.2% TOTAL 1563 100.0% (Source: U.S. Census) • 74 Volume I: Housing Conclusion Shakopee has maintained a long tradition of having a broad range of housing types throughout its community for citizens at all stages of the lifecycle. In comparison to the Metro Area as a whole, Shakopee has consistently been able to provide large amounts of housing in the"starter" or affordable categories. Recent construction activity demonstrates that this tradition of providing affordable housing is continuing. There is, however, a growing concern that the shortage of vacant residential land within the City's MUSA has begun to escalate the price of undeveloped • land significantly. Although housing deterioration and other evidence of blight have not been widespread problems in the City, there is a significant proportion of the City's housing stock that is reaching an age where maintenance problems can develop. Monitoring of housing condition and promotion of neighborhood wellness will likely take on increasing importance after the turn of the Century. • a ! I • • 75 i Shakopee Comprehensive Plan (This page intentionally left blank) • 76 Volume III: Housing Housing Until the most recent Regional Blueprint Update (approved September 1994), Shakopee has been classified as a Freestanding Growth Center. This means the City has much of its housing stock in the older, smaller and less expensive housing that is typically found within a freestanding growth center. Shakopee has traditionally had to provide for the full range of land use types within its borders so its residents would have ample employment opportunities and the employees of local businesses could find local housing opportunities. For this reason, Shakopee's growth history has been relatively similar to that experienced in the regional area as a whole. Issues such as aging housing stock near the City core; linking housing, transportation and employment; and redevelopment of polluted sites are significant challenges for Shakopee,just as they are for the core cities. Housing Supply and Programs Unlike many of the surrounding southwest suburban areas, Shakopee has continued to develop most of its housing in the moderate or "starter" category(see Volume I: Housing). Although the City has remained committed to promoting affordable housing, this emphasis on starter housing has resulted in a situation where middle-aged residents must often seek housing in the "move-up" category in other cities. Shakopee is committed to expanding the range of housing opportunities for all residents while not decreasing the• opportunities to continue to provide affordable housing. • Federal and State housing programs within Shakopee are administered by the Scott County HRA. Shakopee has generally absorbed much of the Scott County participation in all housing programs due to its abundance of affordable housing stock. In addition, the City works closely with the CAP Agency and the Affordable Housing Coalition. Shakopee's housing was studied by Barbara Lukermann and Michael P. Kane of the Center for Urban and Regional Affairs at the University of Minnesota. Lukermann and Kane noted the following: 1. In 1990, Shakopee had 907 rental units (or 77 percent of the City's rental housing) that was affordable at 50 percent of the Metropolitan median family income. 21 percent of rental housing units are available to individuals earning 30 percent of the Metropolitan median income. In addition, the City subsidized 271 housing units. 2. Using Section S funds, Shakopee constructed two low income housing projects for senior housing. Each project has 66 units. 3. The City razed a multi-block area and used CDBG funds to reduce the costs for new owner-occupied townhouses. Shakopee is not an annual recipient of CDBG funds since Scott County is not an entitlement county. 201 i Shakopee Comprehensive Plan 4. The City issued revenue bonds to assist in the construction of ninety-two apartments in the Riva Ridge development. A minimum of 20 percent of these units are for low or moderate income households, although experience has been that the actual percentage of units rented by low and moderate income households is much higher. 5. 77.8 percent of owner-occupied housing is affordable to households at 80 percent of the median family income. In 1994, the City of Shakopee became involved in two new housing efforts. The City's HRA rehabilitated a house and then sold it to a family chosen in accordance with the MFHA Color It Home guidelines. The City subsidized the rehabilitation cost (approx. a 10 percent subsidy), paid special assessments and 2 points on the mortgage. The second new effort was begun by the Shakopee Chamber of Commerce with the Christmas in May * Shakopee program that coordinates private businesses, churches, government agencies and service organizations to assist the elderly, low income and the handicapped homeowners in the community in their attempt to maintain a dignified living environment. In its first year (1994), the Christmas in May * Shakopee program resulted in almost $90,000 worth of work on nine houses and one non-profit facility. Table 48 Christmas in May * Shakopee-1994 s^°' Needs Number of Houses Classification Rehabilitated Light Needs 2 Medium Needs 2 Heavy Needs 5 Table 49 Christmas in May * Shakopee National Volunteer Comparison City Number of Volunteers • Shakopee 400 San Antonio, TX 800 San Francisco, CA 3,000 Santa Cruz County, CA 230 Seattle, WA 1,400 South Central Los 900 Angeles, CA 202 Volume III: Housing Housing Controls • Much has been written both at the regional and national levels about exclusionary zoning practices that drive up the costs of housing. Shakopee remains committed to constant review of its land use controls (particularly zoning) and its fee structure to ensure that • actions within the City's control are not inadvertently driving up the cost of housing while still providing a range of housing options for people at all stages of the life cycle. Some of the commonly cited exclusionary areas (and Shakopee's practices) are as follows: • Minimum Lot Size: The Metropolitan Council's advisory standard for local land use regulations recommends a 7,500 sq. ft. minimum lot area for single family homes. Shakopee provides three different urban single family zoning classifications with different minimum lot standards to provide a variety of housing types. R-1A (0 percent of land area) is a new zoning classification which is intended to be used sparingly to provide housing in areas where infrastructure or environmental constraints make it necessary or desirable to develop at lower densities. It is anticipated that the"move-up" market demand can be satisfied in these areas rather than by lowering the density in areas that could easily support higher densities. The minimum lot size in this district is 15,000 sq. ft. R-1B (approx. 50 percent of single family land area) provides for a minimum lot ;,r size of 9,000 sq. ft. _=� •r: R-1C: (approx. 50 percent of single family land area)provides for a minimum lot size of 6,000 sq. ft. This zoning classification is intended to provide housing in =' areas where there is overcapacity in infrastructure that can support higher single family densities. It is also intended to keep the costs of entry level housing • affordable. Minimum floor area: Shakopee's zoning ordinance has no minimum floor area requirements for residential units. � '.` Garage requirements: Shakopee does not require garages for single or multi-family F residences. Residential downzoningg: This Comprehensive Plan Update does take a significant `• amount of vacant land designated for multi-family residential development east of Marschall Road and South of 4th Avenue and reclassify it for single family and medium • - density residential development. This was done to create a more viable neighborhood in a ` challenging development area (due to surrounding uses and bedrock). Sufficient new vacant land for multi-family has been proposed in a more appropriate location near commercial areas and transportation (see Volume III: Land Use). 203 Shakopee Comprehensive Plan Unsewered areas: Shakopee's zoning ordinance follows Metropolitan Council guidelines for unsewered areas. Fsµ_ 4.; 204 MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Economic Development Coordinator DATE: April 13, 1995 RE: Comprehensive Plan and Affordable Housing NON-AGENDA INFORMATION: At the April 11, 1995 Committee of the Whole meeting, staff was directed to investigate whether or not the Housing section of the City's draft Comprehensive Plan document could be modified in order to provide language that would either 1. Speed Metropolitan Council approval of the Plan and 2. Encourage the Metropolitan Council to be more receptive to future extension of MUSA in the future. In addition, although it was not part of the formal direction to staff, there was a significant amount of discussion on the feasibility of providing an opportunity for developers to construct scattered, owner- occupied, small lot development throughout the community. The Metropolitan Council's Regional Blueprint provides the Metropolitan Council's direction as to the link between housing and MUSA expansions. There is not a mechanism to receive additional MUSA above that which is demonstrated by need through provision of affordable housing, however, housing is one of the criteria that is used to evaluate whether a community will receive a MUSA expansion that is demonstrated by need. Specifically, the Regional Blueprint states the following (from pp. 76-77"Criteria for Changing the Urban Service Area Boundary"): 7. Housing. Local implementation of strategies and actions that: * indicate that the community is providing its share of the region's low- and moderate- income and life-cycle housing which includes a variety of housing types and prices for current and future residents; and * allow for building mixed-use or infill development and increasing the density of residential development (including along selected transportation corridors and at major transit transfer points). Staff has been in contact with Metropolitan Council staff and all indications to this point have been that the City is meeting these two goals. The Metropolitan Council's Housing Plan has been delayed so there is still some degree of uncertainty, however, Metropolitan Council staff has indicated that the"ideal" goal for satisfying the first requirement is that the community have a single family unit percentage between 60-65% of its newly constructed units. The Shakopee Comprehensive Plan provides for a 63% value which is based on the City's growth history. Volumes 1 and 3 of the Comprehensive Plan also provide a significant amount of evidence for compliance with new criteria that may develop from the Metropolitan Council's Housing Planning effort. The second requirement relates to the provision of sufficient densities at key locations to support transit activities. The draft Comprehensive Plan follows traditional planning transit/land use concepts by concentrating new multiple family development near commercial centers so that the maximum number of potential transit trips can be generated. For the Year 2000 MUSA request, this occurs near the CR 17/Bypass interchange. The C.O.W.'s discussion on minimum lot sizes tends to fall under the Metropolitan Council's interest in barriers to affordable housing. This concept has been popularized by the report on regional housing prepared by Barbara Lukermann and Michael Kane of the University of Minnesota's Center for Urban and Regional Affairs(which included Shakopee as one of the sample suburban areas). In general, Shakopee's City Code/practices do not fall into the categories that are viewed as common barriers to construction of affordable housing. The minimum lot size that the Metropolitan Council sets as a goal for local land use regulation is 7,500 sq. ft. Shakopee's primary single family districts, R-1B and R-1C, provide for minimum lot sizes of 9,000 sq. ft and 6,000 sq. ft. respectively. In contrast, 15,000 sq. ft. minimum lot sizes are relatively common in some suburban communities. The Planning Commission and City Council have strong tools for encouraging some innovative, small lot, single-family developments through the use of the Planned Unit Development process or through putting undeveloped areas in the R1-C zone. For the past six months, staff has been actively seeking a developer that would be willing to undertake an innovative, quality, small lot (R 1-C) development. The existing draft Comprehensive Plan provides sufficient policy direction to allow the R1-C designation to be used extensively in new areas provided that it is located in areas where the increased density will not overload infrastructure systems. The Planning Commission has indicated a preliminary interest in attempting to use R1-C in some of the undeveloped Single-Family areas to the west of Canterbury Downs. As late as April 12, staff has been working with prospective developers to encourage them to examine the feasibility of this concept. Finally, as part of the Rehab. Grant Program discussion, staff was directed to look at the issue of affordable housing as a whole. Staff has had preliminary discussions with the CDC in March and is anticipating a more detailed discussion at the April 19 CDC meeting (see attached memo). It is anticipated that after the CDC reviews this information, this issue will be back before either the City Council or C.O.W. 11M Additional Action Requested: Move to amend the text of the Comprehensive Plan to indicate that the allocation of M.U.S.A. expansion to properties currently located outside the M.U.S.A. shall be predicated upon provision of scattered affordable single family housing sites. These housing sites shall be for owner-occupied housing. Housing Summary CC 4/18/95 Metro Stats: Metro family of four median income: $51,000 Metro one person household median income: $35,700 Estimated minimum cost of 3 bedroom house: $85,000 What is "affordable" Housing (Income Values for Family of Four)? Various Definitions Used By a Variety of Housing Programs: * Federal low-income tax credit program: 50-60% of median income ($25,500-30,600 income) * MN TIF districts for rental housing: 80% of median income ($40,800 income) * Fed. Program for Single-Family mortgage revenue bonds: 115% of median family income ($58,650 income) * Local housing and redevelopment authorities: 130%+ for rental housing limits ($66,300 income) * Rents are considered affordable if a person or family pays no more than 30% of their gross income for rents including utilities (senior housing level is generally higher due to a lower income/higher asset ratio). In general, housing available for people at or below 60% of median income (Single: $21,420) (Family of Four: $30,600) is considered "low income': Housing available for people between 80% to 120% of median income (Single: $28,560-$42,840) (Family of Four: $40,800-$61,000) is considered "moderate income". (Source: Ehlers and Associates, Inc.,Minneapolis, April 1995) The Shakopee Experience In 1994, permits were issued for 140 sewered single-family homes. The total valuation was $12,809,125 for an average value of $91,494. Using the standard 28/36 rule for mortgage lending, a 30 year conventional loan at 9% interest, with 5% down, the average new sewered single family house constructed in Shakopee in 1994 would be affordable to a family of four earning approximately $29,973 household income with a monthly payment of approximately $699.37. This income level requirement falls into the"low income" category for a family of four and the "moderate income" category for a one person household. (Source: City of Shakopee) c:\paul\housing\ehlers.doc MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Economic Development Coordinator DATE: April 18, 1995 RE: Recommended Changes to Proposed Staging Areas of Comprehensive Plan--RLK Report NON-AGENDA INFORMATION: RLK, representing a group of landowners in the area of County Road 79, provided a report outlining its clients' position regarding the proposed MUSA expansion. The report arrived just as the City Council packets were being sent out so staff was unable to prepare any input for inclusion in the City Council packets. Staff has been working extensively with Mr. David Brown, Mr. Lloyd Cherne and RLK since their concerns were first raised several weeks ago. The issue behind the current proposal was raised at a meeting between staff and these landowners on April 12. Over the past month or two, staff has also been following City Council and Planning Commission direction to attempt to put together a MUSA expansion proposal that maximized the number of acres that could be requested, given existing Metropolitan Council policy. Staffs latest calculations provide for approximately 1,500 acres of expansion. The portion of the proposed MUSA expansion that lies south of Valley View Road would indicate that the City would likely extend sewers to the 2.5 acre lot subdivisions in that area around the Year 2000. Many of these septic systems will be relatively new and if the City's experience follows that which was followed in Prior Lake and Credit River Township, it will be difficult to prove benefit to the property owners during the assessment process. The platting layout of these subdivisions also makes it unlikely that they will be able to be resubdivided to the planned density (over 6 units per 2.5 acre lot). Attempts to sewer properties in this area will likely generate opposition from the property owners. If the City Council indicates a desire to leave these rural subdivisions on septic systems and at their existing density, the planned MUSA south of Valley View Road could be reallocated to the next most cost-effective trunk sewer district. In accordance with the long term staging plan contained in the draft Comprehensive Plan, this MUSA would then be allocated between CR 79 and CR 17 in a manner similar to that which is indicated in the RLK document (last page). Staff's preliminary estimates show that the two subdistricts (SS-J and SS-K) in this area could be served with this MUSA reallocation. If the Metropolitan Council approved a MUSA expansion that was smaller than requested by the City, the staging plan would indicate that subdistricts SS-J and SS-K would be the first areas removed from the 2000 MUSA line, if necessary (and moved back into the 2010 MUSA line). C:'PAUUCP\CI'RLKDOC 922 Mainstreet Hopkins, Mn. 55343 (612)933-0972 [RUt SSOCIATES LTD. fax:(612)933-1153 April 13, 1995 - . Gary Laurent,Mayor of Shakopee City Council Members City of Shakopee _, ' . 129 Holmes Street South Shakopee,MN 55379-1376 Re: City of Shakopee Comprehensive Plan Update Shakopee,MN - Dear Mayor and City Council Members: • RLK Associates represents a coalition of land owners with property in the area of County Road ` 79,located south of the proposed Trunk Highway 101 bypass. This coalition`'of land owners is led by Mr.David Brown and Mr. Lloyd Cherne. Mssrs.Brown and Cherne have been following the City's Comprehensive Plan Update for some times In recent weeks, RLK Associates has been retained for purposes of evaluating the _ • - -assumptions used by the City in preparing this Comprehensive Plan Update and related _ _ t infrastructure and cost estimates, specifically as they relate to sanitarysewer and roadway ▪ improvements. The focus of our research and analysis has been related to the land use component` . . ▪ _ of the City's Comprehensive Plan specifically related to the proposed staging ateas for the year -:- . . -I". 2000 and the year 2010 MUSA expansions: - Last Thursday,April 6, 1995,RLK Associates made a presentation before the City's Planning ommission regarding the draft Comprehensive Plan Update. As part of this presentation a .. -C _booklet dated April 6, 1995 was distributed to the Planning Commission members and is attached ; - to this letter. In our presentation we suggested that the City's Comprehensive Land Use Plan • should be driven primarily by the land use criteria, land use development that supports the major provisions of the City's Comprehensive Plan and supports the City's economic,historical and cultural institutions in the downtown area. To this end,we recommended that the year 2000 MUSA should include the residential component located immediately East of County Road 79 and South of the proposed Trunk Highway 101 bypass. We understand that the staging Area H(located East of County Road 17 and South of the proposed Trunk Highway 101 bypass)proposes to expand trunk sanitary sewer services to an area - south of Valley View Road. That area south of Valley View Road consists primarily of large residential lots of at least 2.5 acres. It is very unlikely that trunk sanitary sewer services could ever be extendedinto this area because the cost would be prohibitive and additional development is unlikely in the near future. For example, a preliminary conservative cost estimate of providing this area with just trunk sanitary sewer services is approximately$3,125 per lot, or approximately $300,000 for the entire area south of Valley View Road. It is likely that the City would incur 100%of these costs because of an inability to demonstrate benefit to the existing property owners. • Civil Engineering •Transportation • Infrastructure Redevelopment • Landscape Architecture • Construction Management In conversations with City staff it was asked why the area south of Valley View Road was included in the year 2000 MUSA expansion. It is our understanding that this area was included because staff was directed by the Council to create expansion areas that fully utilized proposed trunk `sanitary sewers without consideration to existing land uses(in this case the existing 2.5 acre residential lots). We recommend that the City Council at its Tuesday,April 18 meeting give consideration to a policy that would prohibit the extension of trunk sanitary sewer services,within the proposed year 2000 and year 2010 MUSA expansion areas,to areas that consist of large residential lots(2.5 acres+per lot). Such a policy would provide MUSA expansion areas for land owners who wish to _ develop their property consistent with services and facilities,and not burden owners of large - residential lots with cost of trunk sanitary sewer services. The April 6 booklet attached to this letter includes a map that demonstrates the effect of the above • referenced large residential lot policy. The area South of Valley View Road and East of County µ Road 17 is removed from the proposed year 2000 MUSA expansion,yet remains in the proposed ; year 2010 MUSA expansion. The area South of the proposed Trunk Highway 101 bypass and _East hof County Road 79 is now included in the year 2000 MUSA expansion. All of the area =proposed to be made part of the year 2000 MUSA expansion is within the City of Shakopee's City . , r. We will be available for the City Council's meeting on Tuesday,April 18 to further discuss this ▪ matter with the City Council. We believe the proposed policy has two advantages to the City of" • _ Shakopee: 1)areas that do not desire to develop and therefore are not willing to pay for trunk ▪ samtarysewer services remain outside the proposed year 2000 MUSA expansion;and 2)those areas that do wish to develop in the very near future are now in the proposed year 2000 MUSA t." expansion. • We will look forward to further discussing this matter with the City Council at its April 18 • ▪ Meeting. In the meantime feel free to contact me if I may be of further assistance., • Sincerely; RLK ASSOCIATE TD. - Steve Sc anke Vice President of Planning cc: Paul Bilotta, City of Shakopee Lindberg Ekola, City of Shakopee Dave Nummer, City of Shakopee David Brown Lloyd Cherne Mike Hurley, Barna-Guzy&Steffen, Ltd. 1 I CITY OF SHAIOPEE 1 I COMPREHENSIVE PLAN UPDATE . 9 1 I Recommended Changes to Proposed Staging Areas 1 I 1 PREPARED BY: 1 RLK Associates Ltd. 922 Mainstreet Hopkins,Minnesota 55343 612-933-0972 1 Fax 933-1'153 April 6th, 1995 I i i 1 I I . .,, / I I . iiiti i' \ 1 . r" ---I e �rrgull i,� Ic- 8` 7 •Itl�'PF= iii:���: i .s:I.i w ,^1 Mss /*/� _l= W � 0 � �, 4z It 1i. �a 4.:7.- La C :�rit� , w W ,1,141 k all : en VIII \,S‘\ \ `� kin' ', ` gswitiAd. I 1 :i 1 1 s i wisi\k„. . ..-- 0,s,, \,.*I r� t N��- "r�' 4- 1 1\kl`t,'� g [Mar 4rs�rviir L l HVSO I Ti c5 1 o ,r 1115 ,'• z!,(4i-Ati, a_1— > i 1, � (!) Y 1 7 I . viL..._ _____/ 1 iiii, .4 -4,..! -5 l\.. 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(.___.,.3. 1../1 ^•U 5. 1 1 '(- ... , — 1 _ 1-�-.' p !�1 Irw.�� J''i , rigii ` ....Ver e, , t_ test y r i g1. ----;17.j. .»• --I ,'- \1� i h1 `Lif r . _" .��" ria .. /+ __ 4.7 \-_, •1.G L i _,_,_� _—._ _t__._.� 1c--- ii : ., , 1 �," 1_ r 1 21. 21 ,, t .r ret• ..r 1' 'f., c'I ,i -, -� _t_.- -,• i i // , • .c_r,-',: 17 t 1. 01-st., nn ',.... : • ti L L ____I , : hir,e.,. .7 rlf l ..4.. i 111 _.l.r74-1-.----.: zii .:',.,:aile-..-• I „,..,-.X , .7,. .., • e 4 ;X k r. Figure Ob Land Use Plan For Year 2010 Shakopee CAD Agricultural si lllglr-Density neeldenllal up Industrial 1A/111Gru�Plan C0 Rural fesldentlol COCommercial ® Race Track-delated cnyor >a lsa9 Y ell) Single-Family Residential ;;'; Heavy Commercial empPerk 1-11-1 I Open sp.- --';�tI V ;;,� Mid-f ly Resldenllel ©uahresa Park ..,, 1 ' ENT ll� MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Resignation of Planning Director Lindberg Ekola DATE: April 12, 1995 As Council members are aware the City's Planning Director Lindberg Ekola has resigned and has accepted employment in the State of Wisconsin. The City's Personnel Policy requires a 30 day termination notice by department heads. Mr. Ekola has requested approval to have his last day of work be April 28 rather than May 11th. RECOMMENDATION: I recommend that the City Council authorized Mr. Ekola's last day of work to be April 28th and that no penalty be assessed against Mr. Ekola for terminating on that date. ACTION REQUESTED: Move to waive the 30 day termination notice provision for Lindberg Ekola and approve his last day of employment as April 28, 1995. CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie A. Thurmer,Assistant City Planner c RE: Initiating the Vacation of a Portion of a Drainage and Utility Easement DATE PREPARED: April 7, 1995 MEETING DATE: April 18, 1995 INTRODUCTION The attached Resolution No. 4208 sets a public hearing date to consider the vacation of a portion of the drainage and utility easement located along the lot line between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition. DISCUSSION The City has received a petition for the vacation of a portion of the drainage and utility easement located along the lot line between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition from Mr. Roger Bauer of Shakopee Valley Printing, Inc.. The attached resolution sets a public hearing for May 16, 1995. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED Offer Resolution No. 4208, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the Drainage and Utility Easement Located Along the Lot Line Between Lot 1 and Lot 2, Block 1,Valley Park 6th Addition, and move its adoption. {CITYCOUNIVACSETPH.SVP} RESOLUTION NO.4208 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ALONG THE LOT LINE BETWEEN LOT 1 AND LOT 2,BLOCK 1,VALLEY PARK 6TH ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the drainage and utility easement located adjacent to the lot line between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 16th day of May, 1995, at 7:00 P.M. or thereafter, on the matter of vacating a portion of the drainage and utility easement located adjacent to the lot line between Lot 1 and Lot 2, in Block 1, Valley Park 6th Addition. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney /c� CONSENT Memo To: Dennis R. Kraft,City Administrator From: Lindberg S. Ekola,Planning Director RE: Recording Fees Amendment to the 1995 Fee Schedule Date: April 10, 1995 INTRODUCTION: Staff has received notification from the Scott County Recorder that the County will begin charging recording fees for documents recorded by Cities effective immediately. The current planning fees were established on the basis that there would be no County recording fees or costs to the City in conjunction with plats,CUP's etc. BACKGROUND: Most of the property documents recorded by the City relate to activities coordinated by the Planning Department. The activities include subdivision plats,vacations,conditional use permits,and planned unit developments. Attached as Exhibit A is a copy of the 1995 Planning Department Fee Schedule. DISCUSSION: The fee to be required by the County Recorder for the recording of documents will be a minimum$15.00 charge for 15 pages plus $4.50 surcharge with$1.00 for each additional page. The minimum recording fee would then be$19.50 for any documents 15 pages or less. Staff would recommend that the County Recording fee as noted above be incorporated in the 1995 Fee Schedule under Information/Document Fees. The time frame in which the recording fees will be determined will occur after the project has been reviewed and approved by the City. Documents to be recorded are developed after the particular approval process is completed. In order to provide the development community with information relating to the increase costs,staff will incorporate a paragraph into each of the appropriate application packets noting the new fees. The 1995 Budget for recording fees is$300.00. Based on the new charges from the County,this amount will be inadequate. The City Clerk will request an amendment for the recording fee budget in November or December of this year as the revenues/expenses are better understood. ALTERNATIVES: 1. Approve the Fee Schedule Amendment. 2. Revise the Fee Schedule Amendment and approve as appropriate. 3. Table for further information from staff. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer Resolution No.4209, a resolution amending the 1995 Planning Fee Schedule to incorporate the Recording Fees to cover County recording costs,and move its approval. (g:\msoflice\winword\shelly\feeamend.cc) RESOLUTION NO. 4209 A RESOLUTION AMENDING RESOLUTION NO.4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the calendar year, and; WHEREAS, changing conditions and circumstances warrant amending the fee schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4143, the 1995 Fee Schedule, is hereby amended on page 16 and 17 as follows: I. 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II. LAND DIVISION ADMINISTRATION FEES . _ _ . 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 (g:\msoffice\winword\shelly\Res4209.cc) CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for V.I.P. Extension from County Road 79 to Jefferson Street DATE: April 18, 1995 INTRODUCTION: Staff is requesting the City Council set a date for a public hearing to consider the special assessments for the V.I.P. sanitary sewer extension from County Road 79 to Jefferson Street. BACKGROUND: The V.I.P. Interceptor Extension Project is essentially completed and all project costs have been identified. This project consisted of the following: • V.I.P. Interceptor extension from C.R. 79 to Jefferson Street. • Rahr Malting forcemain and gravity sewer from 3rd Avenue and Webster Street to V.I.P. • Rahr Malting service line. The final project costs are$714,318.05,which consists of construction costs totalling$522,371.87 and engineering/administrative costs of $191,946.18 or 26.87% of the construction costs. The original engineer's estimate for this project was $307,000.00 for the V.I.P. Interceptor sewer and $500,000 for the Rahr Malting Forcemain Project. The V.I.P. Interceptor Sewer Project was extended from County Road 79 to west of Tahpah Park to serve development in the South Parkview Addition, and also to provide an outlet for the Rahr Malting lift station and forcemain diversion sewer. The V.I.P. sewer will be assessed to the entire drainage basin benefitted by the sewer. Any oversizing for the Rahr forcemain hook-up will be paid for by the City. For the V.I.P. Drainage Basin, the total amount to be assessed is $237,421.53. This includes $173,623.40 in construction costs and $63,798.13 in engineering and administration costs. In an agreement dated May 3, 1994 between the City and Rahr Malting, the City has agreed to pay for all forcemain and V.I.P. oversizing costs except for the forcemain that is installed on the Rahr property. The agreement states that the forcemain installed on Rahr property shall be assessed to Rahr Malting Co. The agreement further states that this assessment shall be deferred until Rahr Malting constructs its own wastewater treatment plant or until December 21, 2003, whichever occurs first. The amount to be assessed to Rahr Malting for the forcemain service line is $119,891.08. The cost for the forcemain and gravity sewer from 3rd Avenue and Webster Street to the V.I.P. and oversizing of the V.I.P. for the Rahr forcemain is $357,005.44. This amount is to be paid by the City. Previous Council direction indicated that this would be paid for utilizing the Sanitary Sewer Fund. Prior to levying any assessments on this project a public hearing must be held. Special assessments must be certified to Scott County in order to include them on the 1996 property taxes. Attached is Resolution No. 4210 which declares the costs to be assessed and sets the date for the public hearing for May 16, 1995. ALTERNATIVES: 1. Adopt Resolution No. 4210. 2. Revise Resolution No. 4210 to set up a different date for the public hearing. 3. Deny Resolution No. 4210. RECOMMENDATION: Staff recommends Alternative No. 1 as the project is complete and assessments need to be certified to recover part of the project costs. ACTION REQUESTED: Offer Resolution No. 4210, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the VIP Interceptor Extension from County Road 79 to the West Corporate Limits, Project No. 1992-9 and the Rahr Service Line, Project No. 1994-8 move its adoption. BL/pmp MEM4210 AGREEMENT This agreement, granted this 3 D day of , 199 , by Rahr Malting Co. , hereinafter referred as " a , to the Cit of Shakopee, a municipal corporation of the State Minnesota, hereinafter referred to as the "City" . WITNESSETH: That, Whereas, Rahr has had discussions with the City regarding construction of a sanitary sewer forcemain and service line to serve Rahr' s property; and Whereas, the City has agreed to design and build the forcemain and the service line, subject to certain agreements regarding payment and maintenance; and Whereas, Rahr has requested the City to enter onto Rahr' s property in order to construct the service line. NOW, THEREFORE, for the considerations herein expressed, it is agreed as follows: 1. In order to construct the service line, Rahr hereby grants to the City permission to enter into and upon a tract of land owned by Rahr and which tract is more particularly described on Exhibit A. 2. Rahr shall allow the City access to the property described in Exhibit A, and shall not interfere with City personnel while they are constructing the service line. 3. The City shall construct the service line as described more fully on construction plans B attached hereto as Exhibit B and incorporated herein. The City will provide all personnel, equipment, and supplies necessary to perform this work. Upon completion of the work, the City shall promptly remove all City equipment and supplies, and restore the property to a similar condition as that in which it existed prior to the initiation of work. 4 . The intention of the parties in constructing the service line and forcemain is to take all sewage from Malthouse 5 to gravity sewers to the south. None of the sewage from Malthouse 5 is allowed to be placed into the River Interceptor sewer, which is located north of First Avenue in Shakopee. 5 . The use of the forcemain described in this agreement shall be governed by the Rahr Malting Operating Plan attached hereto as Exhibit C. That Plan sets out the maximum use of the River Interceptor sewer. Rahr shall provide the City with monthly flow records to verify that the operating plan is met . If, based on the monthly sewer reports, Rahr exceeds the allowable sewer flow as described on Exhibit C without prior City approval, the City has the right to levy an additional surcharge on the sewer rates for the excess flow. The surcharge shall be determined based on the amount of the excess flow and the impacts created by this excess flow on the River Interceptor sewer. 6 . Rahr shall reimburse the City for its expenses in constructing the service line on Rahr' s property. The City shall construct the forcemain on City right-of-way at no expense to Rahr. The City shall specially assess the cost of the service line to Rahr, and agrees to defer the special assessments until Rahr constructs its own waste water treatment plant, or until December 31, 2003, whichever occurs first . 7 . Rahr shall install a sewer flow meter on the new service line going south into the forcemain at its own expense. 8 . The parties mutually agree to the following: (a) In no event shall the City be liable to Rahr for special, indirect, or consequential damages, except those caused by the City' s gross negligence or willful or wanton misconduct. (b) Rahr agrees to defend, indemnify, and save the City harmless from and against all claims, suits, and actions of every description brought against the City, and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, in the performance of the work described in this agreement, or by any carelessness or negligence (other than gross negligence) in the performance of the work. 9 . This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date and year first above written. RAHR MALTING CO. CITY OF SHAKOPEE, MINNESOTA By (tc1/11101, 1- By A ._ Ma •r V 1 Approved as to Form: By I by A l/i7 City Admi is at r 4('ILIA City At or Cit lerk [3MEMO2] -2- EXHIBIT A Lots 1 & 2, Block 14 Lots 5, 6, 7 & Vacated Alley in Block 175 Lot 5, Block 176 Vacated Webster Street Lying Between Blocks 175 & 39 and Lying Between Lot 5, Block 176 and Lot 1, Block 14 Vacated 2nd Avenue, Lying between Lots 6 & 7, Block 175 and Lots 4 & 5, Block 176. W. �C)� 6 1 oe'-t) 0 SC t ' Z 1. RESOLUTION NO. 4210 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The V.I.P. Interceptor Extension From County Road 79 To The West Corporate Limits And The Rahr Malting Service Line Project No.'s 1992-9 And 1994-8 WHEREAS, a contract has been let for the improvement of: the V.I.P. Interceptor by extending from County Road 79 to the West Corporate Limits and addition of a sanitary sewer service line to the Rahr Malting Co. and the contract price for such improvements is$521,308.00, the construction contingency amounts to $2,538.09 and the expenses incurred or to be incurred in the making of such improvements amounts to $190,471.96, so that the total cost of the improvements will be $714,318.05. Of this cost the City of Shakopee will pay $357,005.44 as its share of the cost. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $357,317.61. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 16th day of May, 1995, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT lz MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Fuller Street, from 10th Avenue to Vierling Drive - Feasibility Report DATE: April 18, 1995 INTRODUCTION: Attached is Resolution No. 4211, receiving a report and calling for a public hearing on sanitary sewer, watermain, storm sewer, sidewalk and street improvements to Fuller Street from 10th Avenue to Vierling Drive, Project No. 1995-8. BACKGROUND: On February 21, 1995, the City Council ordered the preparation of a feasibility report for improvements to Fuller Street from 10th Avenue to Vierling Dive by Resolution No. 4177. The feasibility report has been completed and the report is attached for Council review. Attached is Resolution No. 4211, which receives a feasibility report and calls for a public hearing on the proposed improvements. The resolution sets a date for the public hearing for May 16, 1995 at 7:15 P.M. Fuller Street has been planned to be realigned with County Road 77 by the City and County. This roadway will become a local collector with the County giving the City County Road 77 as a "turnback". Fuller Street is an existing 44' wide paved street with concrete curb & gutter and utilities from 10th Avenue to 11th Avenue. It is proposed to continue the same width to Vierling Drive with the roadway to be a two lane facility with parking on both sides. Sanitary sewer, watermain, storm sewer and sidewalk improvements are also being included to serve the Civic Center site and future development west of Fuller Street. This project was identified in the 1995 Capital Improvement Program and is needed to provide access to the Civic Center site and will improve an existing gravel surface collector to a paved surface collector. Due to the ambitious construction schedule for Fuller Street and the Civic Center, staff is requesting Council authorization to have soil borings taken for Fuller Street. There is a 2 to 3 week lead time to have the borings completed and to generate a soils report. This soils report is needed for the Fuller Street pavement design. ALTERNATIVES: 1. Adopt Resolution No. 4211. 2 Deny Resolution No. 4211. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4211. ACTION REQUESTED: 1. Offer Resolution No. 4211, A Resolution Receiving a Report and Calling a Hearing on Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8 and move its adoption. • 2. Authorize soil borings for Fuller Street. BL/pmp MEM4211 RESOLUTION NO. 4211 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8 WHEREAS,pursuant to Resolution No. 4177 of the City Council adopted February 21, 1995, a report has been prepared by the City Engineer, with reference to the improvement to Fuller Street, from 10th Avenue to Vierling Drive by grading,pavement, curb& gutter and storm sewer and this report was received by the Council on April 18, 1995. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF'1'1W CITY OF SHAKOPEE, 1IINNESOTA: 1. The Council will consider the improvement on Fuller Street, from 10th Avenue to Vierling Drive by grading, street, curb & gutter, sidewalk, sanitary sewer, watermain, storm sewer, and appurtenant work in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$892,261.30. 2. A public hearing shall be held on such proposed improvements on the 16th day of May, 1995, at 7:15 P:M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1995-8 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1 FEASIBILITY REPORT FOR ' FULLER STREET BETWEEN 10TH AVENUE AND VIERLING DRIVE CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA 1 I r I I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of ' the State of Minnesota. • �3 Date Registration No. 17590. Project Team Ray Ruuska David Nummer Mike Huber APRIL 1995 1 TABLE OF CONTENTS 111I DESCRIPTION PAGE NO. ' Introduction 1 Background 1 Proposed Improvements 1 - 2 ' Scott County Cooperative Agreement 3 ' Civic Center Coordination 4 Cost Estimate 4 Funding/Special Assessments 5 - 6 Summary and Conclusions 7 APPENDIX 1 I I INTRODUCTION I On February 21, 1995 the City Council of Shakopee ordered the preparation of a feasibility report I for constructing Fuller Street between 10th Avenue and Vierling Drive. This project is being initiated by the City to provide access to the proposed Shakopee Civic Center, as well as adjacent undeveloped properties. This report contains information on the existing roadway conditions, Iproposed project improvements, a cost estimate and funding source analysis, and an evaluation of the impact of Fuller Street on the adjacent County Road 77. I BACKGROUND I The existing Fuller Street extends half a block south of 10th Avenue and is a 44 foot wide, two I lane residential roadway constructed in an 80 foot wide right of way. The right of way for Fuller Street was dedicated with the Jasper and Smith Addition in 1957, and the roadway was constructed shortly after platting. The existing pavement on Fuller Street is cracked and exhibits Isigns of deterioration. The existing utilities in Fuller Street consist of sanitary sewer and watermain. The watermain Mand sanitary sewer are in good condition and do not need to be replaced at this time. Currently, there are no storm drainage facilities for this section of Fuller Street. The existing drainage on this portion of Fuller Street should be addressed with any proposed improvements. IIn 1991, a study was ordered to determine the future alignments of Vierling Drive, County Road I 77, and the Upper Valley Drainage System. This report recommended realigning County Road 77 to intersect 10th Avenue along the existing Fuller Street alignment. This plan was implemented with the construction of the Trunk Highway 101 Mini-Bypass Project through I downtown Shakopee. A traffic control signal was installed at the intersection of Fuller Street and 1st Avenue (TH 101), which would allow Fuller Street to act as a collector street and effectively move traffic onto the new bypass. I PROPOSED IMPROVEMENTS I The proposed improvements for this project include roadway construction, installation of sanitary Isewer and watermain to serve future development west of Fuller Street, and regional stormwater facilities to serve the roadway, proposed Civic Center site and adjacent undeveloped property. I 1 I The project limits include Fuller Street construction from 10th Avenue to the north side of the Trunk Highway 101 Bypass, which is located approximately 150 feet south of the proposed intersection of Vierling Drive and existing County Road 77. These improvements are detailed in the following sections. ' A. Roadway Construction Fuller Street is proposed to be constructed along the alignment that was identified in the 1991 study. This alignment would intersect 10th Avenue at Fuller Street, then swing south and west to intersect the existing County Road 77 (see attached map). This road is proposed to be built as a 44 foot wide, 9 ton roadway which will conform to State Aid Standards. Initially, Fuller Street will be a two lane roadway with parking on both sides. If traffic to the Civic Center warrants, the width of 44 feet will allow for future restriping for a center turn lane. The addition ' of a turn lane would preclude on street parking for the section of Fuller Street adjacent to the Civic Center. The right of way for the new portion of Fuller Street is already owned by the City. No additional right of way will need to be acquired for this project. ' In addition to the new roadway construction, this report recommends reconstructing the existing section of Fuller Street south of 10th Avenue to State Aid Standards (9 ton design). The reconstructed section of Fuller Street will be a 44 foot wide, two lane roadway with parking on both sides. Any possible restriping to accommodate a center turn lane for the Civic Center should not affect on street parking in this section of Fuller Street. ' Reconstruction of this section of Fuller Street will provide a continuous,uniform roadway section south of 10th Avenue, and avoid having to reconstruct a small section of roadway in the next few years directly adjacent to a new street section. ' Due to the close proximity of Fuller Street to the Civic Center, a 5 foot wide sidewalk is proposed on each side of Fuller Street. The sidewalk on both sides of Fuller Street was identified ' on the sidewalk and trail plan which was adopted by the City Council on September 15, 1992. B. Sanitary Sewer ' Sanitary sewer is proposed to be extended from the VIP Trunk Sewer, located on the north side of the Upper Valley Drainageway, northeast across the Civic Center site approximately 1100 feet (see proposed sanitary sewer map in Appendix). This sewer will serve the Meadows North ' subdivision. A standard 8 inch residential sewer will be adequate to serve the entire development, with no oversizing required. 1 2 The proposed Civic Center will be served by a service line directly into the VIP Trunk Sewer, and will not utilize the sanitary sewer in Fuller Street. The alignment of the sanitary sewer through the Civic Center site will leave two existing ' properties adjacent to and on the west side of Fuller Street without service. A review of the area suggests that these properties could be served more economically. ' From the south in conjunction with development of the property west of Fuller Street and north of the Upper Valley Drainageway. When this property develops, the developer will be required to extend sanitary service to the north plat line, adjacent to the properties needing service. This will allow a relatively inexpensive service connection. Providing sanitary sewer service with the Fuller Street Project would increase the project cost Uapproximately $16,000.00, which would be assessed 100% to the adjacent property owners. C. Watermain A 12 inch watermain is proposed to be installed from the existing watermain on Fuller Street southwest along Fuller Street to the existing watermain in County Road 77. This watermain will serve both the Civic Center and the Meadows North Subdivision. D. Storm Drainage Storm drainage improvements for this project include storm sewer to drain Fuller Street, and ' construction of a detention pond for runoff rate control and water quality treatment prior to discharge into the Upper Valley Drainageway. The proposed detention pond will be designed to fulfill the stormwater management requirements for the Meadows North subdivision as well as the Civic Center and Fuller Street. SCOTT COUNTY COOPERATIVE AGREEMENT Scott County has drafted a Cooperative Agreement which addresses the construction of Fuller Street and County Road 77. The agreement states that Scott County will provide funding for the construction of Fuller Street, which will be constructed as a City street. The agreement also states that at the completion of the project, the County will turnback all of County Road 77 to the City as a City street. The Cooperative Agreement will be brought to the City Council for consideration in conjunction with the public hearing for this project. 3 1 1 CIVIC CENTER COORDINATION With the construction of the Civic Center taking place at the same time as the Fuller Street ' construction, there may be opportunities to combine certain construction activities to achieve economy of scale. Depending on the timing of construction and bid prices for each project, activities such as utility installation and paving for the street and parking lot may be able to be ' combined at a substantial cost savings. The concept of combining construction activities will be investigated with the design of Fuller ' Street, and estimated costs for site improvements for the Civic Center have not been included in this report. If opportunities for coordinating are identified, the costs for site improvements will be included with the Civic Center project, and not assessed with the Fuller Street ' improvements. COST ESTIMATE 1 The following is a summary of the estimated project costs. The cost estimates can be found in the Appendix. The following costs were prepared based upon an Engineer's estimate and are subject to change depending on the final design of the project, bids revised, and actual work performed. New Roadway Construction $560,298.49 Roadway Reconstruction $ 57,708.75 Sanitary Sewer $ 36,712.50 Watermain $125,207.50 ' Storm Drainage Oversizing $112,334.06 TOTAL PROJECT COST $892,261.30 4 1 PROJECT FUNDING AND SPECIAL ASSESSMENTS 1 This project will be funded with a combination of Special Assessments, County Funds and State Aid Funds. The special assessments will be levied in accord with the current Special Assessment Policy as detailed below. A. Roadway Construction 1 The construction of the new portion of Fuller Street will be assessed 100% to the adjacent property owners on a front footage basis. The assessment rate will be calculated based on a local street width equivalent (36 feet wide and 7 ton design) , with the oversizing being funded by the City. The estimated assessment rate for new roadway construction is $64.39 per front foot. Sidewalk construction associated with the roadway will not be assessed. The portion of Fuller Street beingreconstructed will be assessed 25% to the property adjacentP P rtY owners on a front footage basis. This assessment rate is also based on the local street equivalent. The estimated assessment rate for roadway reconstruction is $16.07. Sidewalk construction associated with the roadway will not be assessed. ' Non-assessable roadway and oversizing costs will be financed by State Aid Funding. B. Sanitary Sewer New sanitarysewer is typically assessed by the area method to all benefitting properties. The sanitary sewer as proposed for in Fuller Street will only serve the Meadows North Subdivision, and the costs for that sewer will be assessed 100%to the development. The estimated assessment rate for sanitary sewer is $2,127.03 per acre. C. Watermain 1 TheP olicies for constructing and assessing watermain are established by Shakopee Public Utilities Commission. The watermain is assessed based on the dimensions of the property and the 1 proposed land use. The policy also states that oversizing will be funded by Shakopee Public Utilities. D. Storm Drainage Oversizing Improvements ' The storm drainage improvements in excess of these required for Fuller Street drainage will be funded 100% by the Civic Center site and the Meadows North development based on tributary 1 5 i ' drainage area. These costs will include the cost to oversize the conveyance system, including excavation and land acquisition costs associated with pond construction. As this cost split involves only two properties and is not a necessary project cost, it was not included in the Assessment Roll. The storm drainage cost split funding and costs have been included in the funding summary. E. State Aid Funding ' State Aid funding for Fuller Street will consist of roadway construction, curb and gutter, and a portion of the storm sewer which serves the roadway. State Aid Funding for this project is estimated at $450,000.00. The State Aid participation will not be used to reduce assessments.. F. County Cost Participation Scott County has drafted a Cooperative Agreement with the City which provides $277,000 to the City as turnback funding for the construction of Fuller Street. The turnback funding will help to fund general project costs and will not be used to reduce assessments. FUNDING SUMMARY ' The following is a summary of the funding for this project: • Total Project Cost $892,261.30 • Funding Sources Assessments $ 557,820.57 IState Aid Funding $ 450,000.00 Storm Drainage Oversizing $ 112,334.06 County Turnback Funding $ 277,000.00 ' SPUC Oversizing $ 7,031.50 TOTAL FUNDING $1,404,186.13 Surplus funding exists for this project due to State Aid and Turnback Funding. 1 6 1 1 CONCLUSION i The proposed Fuller Street Project will provide access to the Shakopee Civic Center and the Meadows North Subdivision, as well as acting as a collector street to convey traffic from south of the TH 101 Bypass to 1st Avenue. The utility extensions that will be constructed with this project will serve the Civic Center and promote development in this area. The regional ponding and stormwater treatment will reduce the sediment loading in the stormwater that is discharged into the Upper Valley Drainageway, and ultimately the Minnesota River. The combination of State Aid dollars and County Turnback funding produces a funding surplus for this project. This surplus can be allocated to the Capital Improvement Fund to help fund future projects. The combination of the proposed improvements and funding sources makes the Fuller Street Project both technically and economically feasible. This report recommends that the improvements be constructed as described herein. I 1 1 1 1 r ' APPENDIX PAGE NO. Proect Location Map 1 Proposed Roadway Construction Map 2 Proposed Sanitary Sewer Construction Map 3 tProposed Watermain Construction Map 4 Proposed Storm Sewer Construction Map 5 Cost Estimates 6 - 12 Estimated Assessment Roll 13 - 14 I 1 1 I I 1 1 I 1 I I I- 11 i I i r o ; I o li 4i I90MImYI K W �- > \ l'----.--- 0 . ii. . \A rz ry ,„ e A. \I - I ' 1 '; -izic, /oma a Ian I Q� \' 'ter. a %71�� PA uei ll• 'Wiii °di-6 rYW _® 11117/1116-- CC ariI, >< U'�.►► (fill� . , > ' ...r 44* r'm11 ii► Li Ito ii Mal pi-7 vfs.---' I I 1--- ili!tcsollall 0=1 nem l','=*.••':,:,-iii i „,-..3. ,ppcil if VITI CI 0 EiEl En-K.6;1 _ . .1m Wi otelotT VA024'tlku ''' V .1111 1 Q1 I- 1 Q �� ,vm Amy. 1'� ? .1, I o � : m v Ii Aier:y {' N `J' y . O. ..... . ce ® , , F I1 I I PROPOSED ROADWAY CONSTRUCTION I I [Y W W (/) W L, z to _Ji z 3 1 LL ___ d 10TH -- — 0 i 0 a A V I RECONSTRUCTION I _ OF FULLER �� MEADOWS NORTH SHAKOPEE SCHOOL 11 'VITT ST. DISTRICT I MINNES❑. CT. 4S AVE. I PROPOSED SHAKOPEE SCHOOL �y,I�. FULLER ST. DISTRICT -----LI III AVE. a , I CIVIC CENTER J SAVE. _i SITEI NI F MEADOWS WEST 0 R P❑NI ., LLi C:1 ° 13\ INT MEADOWS WEST l�V'i) Q OXGL 0 O�� 1-I / NE '\ o BLUESTEM z (_ ,, � 00XX FCOLGo l v: q a NATURAL i MOUND I ST, v I OUNC SAND ST � Ls T. I 1 1-:.-- / \ \‘ V) I 3 J I I 1 2 I I I PROPOSED SANITARY SEWER CONSTRUCTION I Oe LA J E v) : L 44 L = ate. D D 3 o a Ivl ,_ Q 10TH == _ LA, i - VI U AV RECONSTRUCTION I = OF FULLER ST. .. iii2 �� MEADOWS NORTH SHAKOPEE SCHOOL I 'VITT ST DISTRICT MEADOWS NORTH CONNECTION POINT MINNESO CT. I 4S AVE. PROPOSE 1 SHAKOPEE SCHOOL ijjvi I— � :S AVE FULLER ,T. DISTRICT H I J • EXISTING V.I.P. SEWER � H AVE. CIVIC CEN ER I .0"""4 _ _______— iii Or‘PNVIC MEADOWS WESTl�� `J PONT I SERVICE � R N� 0 .� � w � � �L��P � I N T I MEADOWS WEST 1�G 9R1J Q OXGLp V. O�9- % LANE G z = . BLUESTEM Q I PepXUGi. iv: Q6 NATURAL s I MOUND I ST 0 Z SAND ST UNG AI I Ls:_________-. III / 0 lS H 3 w I J I I3 I I PROPOSED WATERMAIN CONSTRUCTION I I:2 _1 LI Z Iz z 3 0 J .._J 3 1 LL I _ Q 10TH -- _ i � a __ AV ( EXISTING 6' EXISTING 12' VjT---� MEADOWS NORTH SHAKOPEE SCHOOL S7 DISTRICT I < EXISTING 12' MINNESO' AS AVE. CT. PROPOSED AVE. AKODISTRIEE SCHOOL I� T id sULLER ST, A E. 1-, I1 CIVICC ITE CENTER 0. AVE NEW 12' li Z MEADOWS WEST ----S- FC I .1. PONI ----____TI. EADOWS WEST R n _ PN J ----------_-:---_4_&._ !� PROPOSED 12' �R�JE > pXGL O V.��X NpINT IU 1���4.> Q CO�� BLUESTEM U I = Q repXG iVi z I NATURAL t MOUND I ST. _ U I SAND ST ,4OUNC I al ST. v I / \ 1 o 3 W 1 I I4 I I 1 PROPOSED STORM SEWER CONSTRUCTION 1 1 Q0 _J LL1v' LaJ 6. _ a 10TH __ __3 I0 W 0 a _ -- -- MEADOWS NORTH SHAKOPEE SCHOOL 1 'VITT Sr. / PROPOSEDDISTRICT MINNESO" S AVE. I ____ /� CT. SHAKOPEE SCHOOL FULLER ST. DISTRICT z I/ r :S AVE. 4/11 - . 1 J ( CIVIC CENTER AVE, SITE 1 N — Z � MEADOWS WEST E---- --C, 111111.1\0 � PONI I ��� EADDWS WEST 1� N�R 0N,�10 °�1 LEXP INT 1 I ci ft E--P'.•P ED PONDS > G� Q LANE az 2 >_. BLUES TEM u I z Q i F�aG� �V' I NATURAL MOUNDT " SAND ST ,iOUNG I ST. I / \ vio 3 Li I J 1 5 I i CONSTRUCTION COST ESTIMATE-FULLER STREET 0 1. NEW STREET CONSTRUCTION I III Oiliggill Ill MO 111111 IE.NOMMINIIIIIMINE,1111111111111111311110 0 011111111111 111113MIPM 11610111111 111111111111111W111111111111 liskiii011111POIS MIIIIIPiiiii,iiii iiiiiiiis;;botessiii i iiiiimilCOST agliiii I ;. . 1MO b i 1 i z;t.i o• sn •• •• • L.S. •••••••• -....... 1.00 • •$20,000.00 '.• $20,000:00 III2 Clean-Up L.S. 1.00 $15,000.00 $15,000.00 3 Clearing &Grubbing L.S. 1.00 $500.00 $500.00 1 4 Common Excavation C.Y. 20000.00 $2.50 $50,000.00 I 5 Aggregate Base, Class 5 S.Y. 15500.00 $3.00 $46,500.00 (100% Crushed) 8" I 6 Base Course Mixture S.Y. 14200.00 $3.00 $42,600.00 (2 1/2") I 7 Wearing Course Mixture S.Y. 14200.00 $2.75 $39,050.00 (2") I 8 Bit. Material for GAL. 700.00 $1.50 $1,050.00 Tack Coat , I9 4" Concrete Walk S.F. 30900.00 $1.75 $54,075.00 10 Concrete Curb &Gutter B-618 L.F. 6180.00 $5.75 $35,535.00 I I11 6" Concrete Driveway S.F. 600.00 $2.75 $1,650.00 1 I 12 8" Concrete Driveway S.F. 900.00 $3.50 $3,150.00 13 Furnish & Plant 1 1/2" Trees TREE 62.00 $200.00 $12,400.00 I14 Traffic Marking Paint(Yellow) GAL. 9.00 $47.61 $428.49 I15 Traffic Control Signs EA. 16.00 89.77 $1,436.32 16 Sod (Including Black Dirt) S.Y. 6000.00 $2.00 $12,000.00 I17 12" R.C.P. Class IV L.F. 750.00 $19.00 $14,250.00 I18 15" R.C.P.Class IV L.F. 1430.00 $20.50 $29,315.00 I I r 0 I I CONSTRUCTION COST ESTIMATE- FULLER STREET I2. RECONSTRUCTION I .i1::.;ii:Nimommi:iiim iiii ii,1 190 gigili.i.!!liM5!,!!iniiii ii trg.10.1 i iii iii i ii iiiiiilliggiiiiiiinging $:i!::i]r!tlNITS:ti!ii!!!!!iii01.AMIX.Thtiiii!ii! !iliniii liiPOS7Eiiiiii niiiMi,Viiiitiiiil-POSIM::!!iiii:Ei! I 1 Bituminous Removal S.Y. 2050.00 $1.50 $3,075.00 I2 Curb &Gutter Removal L.F. 900.00 $1.50 $1,350.00 I3 Driveway Removal S.Y. 100.00 $2.50 $250.00 4 Common Excavation C.Y. 750.00 $2.50 $1,875.00 I5 Class 5 (8" Thick) S.Y. 2200.00 $3.00 $6,600.00 I6 2331 Bituminous Base(2") S.Y. 2050.00 $2.50 $5,125.00 7 Bituminous Tack GAL. 105.00 $1.50 $157.50 111 8 2341 Bituminous Wear S.Y. 2050.00 $2.75 $5,637.50 1 9 Curb &Gutter L.F. 900.00 $5.75 $5,175.00 10 4" Sidewalk S.F. 5000.00 $1.75 $8,750.00 I11 . 6" Concrete Driveway S.F. 900.00 $2.75 $2,475.00 12 Saw Cutting L.F. 150.00 $2.00 $300.00 13 Sod S.Y. 600.00 $2.00 $1,200.00 I Street Reconstruction $41,970.00 I Plus 10% Contingency $4,197.00 Subtotal $46,167.00 Plus 25% Engr./Admin Fees $11,541.75 ITOTAL STREET RECONSTRUCTION $57,708.75 I I I8 I 1 5. STORM DRAINAGE OVERSIZING COSTS I liggn11111111=11111111:1111111•111111111116111111111111111111119NEININIIIITOMIE a poNMER; tiniigkiialimuriptigaiffisigne.OSEINM:BEECOSTiiiiiiiiilia I1 12" R.C.P. Class IV L.F. 434.00 $19.00 $8,246.00 2 15" R.C.P. Class IV L.F. 216.00 $20.50 $4,428.00 1 3 18" R.C.P. Class IV L.F. 1408.00 $22.00 $30,976.00 1 4 24" R.C.P. Class III L.F. 322.00 $27.50 $8,855.00 5 30" R.C.P. Class II L.F. 530.00 $38.00 $20,140.00 I6 33" R.C.P. Class II L.F. 235.00 $45.50 $10,692.50 1 7 36" R.C.P. Class II L.F. 275.00 $53.00 $14,575.00 8 Standard Catch Basins EA. 8.00 $800.00 $6,400.00 I9 Catch Basin Manholes EA. 20.00 $1,500.00 $30,000.00 1 10 18" FES EA. 3.00 $1,000.00 $3,000.00 11 36" FES EA. 1.00 $1,500.00 $1,500.00 1 12 Pond Excavation C.Y. 5000.00 $2.50 $12,500.00 IStorm Sewer $151,312.50 Minus "Base System" ($69,615.00) I Subtotal Plus 10% Contingency $81,697.50 $8,169.75 Subtotal $89,867.25 IPlus 25% Engr./Admin Fees $22,466.81 I I ITOTAL STORM SEWER $112,334.06 I I10 r I TOTAL CONSTRUCTION COSTS 1. NEW ROADS $560,298.49 2. RECONSTRUCTION $57,708.75 3. SANITARY SEWER $36,712.50 4. WATERMAIN $125,207.50 5. STORM DRAINAGE OVERSIZING COSTS $112,334.06 GRAND TOTAL $892,261.30 I I I I I 1 I r 1 I I 11 I I LOCAL STREET EQUIVALENT 111 COST ESTIMATE CALCULATIONS FOR ASSESSMENTS 1TEki:iiiiiiiii.i m,:- Ui,i:.oN.?ocw,::.,iiRai.iiffii.i.; ;;Q]omyo.r:§ At I NO EITEM MONYtnQUANI . MVOSMMCOST 1 Mobilization L.S. 1.00 $16,500.00 $16,500.00 I2 Clean-Up L.S. 1.00 $12,300.00 $12,300.00 3 Clearing &Grubbing L.S. 1.00 $500.00 $500.00 I4 Common Excavation C.Y. 15000.00 $2.50 $37,500.00 I 5 Aggregate Base, Class 5 S.Y. 12100.00 $3.00 $36,300.00 (100% Crushed) 6" I 6 Base Course Mixture S.Y. 11400.00 $2.25 $25,650.00 (1 1/2") I 7 Wearing Course Mixture S.Y. 11400.00 $2.50 $28,500.00 (1 1/2") I 8 Bit. Material for GAL. 566.00 $1.50 $849.00 Tack Coat I9 Concrete Curb &Gutter B-618 L.F. 6180.00 $5.75 $35,535.00 10 6" Concrete Driveway S.F. 600.00 $2.75 $1,650.00 I11 8" Concrete Driveway S.F. 900.00 $3.50 $3,150.00 Il12 Sod (Including Black Dirt) S.Y. 6000.00 $2.00 $12,000.00 13 12" R.C.P. Class IV L.F. 750.00 $19.00 $14,250.00 I14 15" R.C.P. Class IV L.F. 1430.00 $20.50 $29,315.00 I15 18" R.C.P. Class IV L.F. 275.00 $22.00 $6,050.00 16 Standard Catch Basins EA. 5.00 $800.00 $4,000.00 I17 Catch Basin Manholes EA. 10.00 $1,500.00 $15,000.00 11 18 18" FES EA. 1.00 $1,000.00 $1,000.00 19 Pond Excavation C.Y. 1000.00 $2.50 $2,500.00 Street Construction $282,549.00 Plus 10% Contingency $28,254.90 I Subtotal $310,803.90 Plus 25% Engr./Admin Fees $77,700.98 ITOTAL STREET CONSTRUCTION $388,504.88 1 2 C G. t0 0 (D (D N 00p• 00 O co M !D O N 02 100 Q Q Q Q Q CO r O M O) MN. n r N N N N N N N (0 (0D. N O ,_ co.. O O y H N 4- 6- .- .- .- .- n CD 0 Q er CO I!) N LU 0 M M I0) < H o H H H H H H Hg Hg 69 8 H$ H$ Hg H8 •c E `° pNci y0. u00 8p04 8 N 0 r_ •-• In < H CO H H H H H 04H L C C I EO jt L 0 0 ('$ co sr coL 8 8 o 2 CD I E 0 E d y O 0 I 0< A d C 0) 0 0 d < t C (O G. tD G. 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O 0OnY Eor der Si 13 23 o > 4.Nr A O .--(n 2 C9 CO CO O U 0 14 \yK MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne /11 DATE: April 11, 1995 RE: EDA Commissioner Appointments BACKGROUND: At the City Council meeting of April 4, 1995, the City Council approved the creation of an Economic Development Authority. That resolution became effective April 14, 1995 . The next step is the appointment of Commissioners. In the Resolution creating the EDA, Council specified that five of the commissioners shall be members of the City Council . The other two shall be members of the Community Development Commission at the time of their appointment . One of these two CDC members will initially be appointed to a three-year term; the other will be appointed to a six-year term. Thereafter all CDC members appointed to the EDA shall serve six-year terms. The Mayor is to appoint the commissioners, with the approval of the City Council . ALTERNATIVES: 1. Adopt Resolution No. 4212, appointing commissioners to serve on the Economic Development Authority. 2 . Disapprove the appointments of the Mayor, select new appointments, amend Resolution No. 4212, then adopt it . 3 . Decline to appoint commissioners. RECOMMENDED ACTION: Move to adopt Resolution No. 4212, appointing commissioners to serve on the Economic Development Authority. [11CCL] RESOLUTION NO. 4212 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPOINTING COMMISSIONERS TO THE ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS, on April 4, 1995, the City Council adopted Resolution No. 4206, enabling the creation of an Economic Development Authority; and WHEREAS, commissioners need to be appointed to the Economic Development Authority. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the following persons have been appointed by the Mayor and approved by the City Council to serve on the Economic Development Authority: Mayor Gary Laurent City Councilmember Mike Beard City Councilmember Jon Brekke City Councilmember Joan Lynch City Councilmember Bob Sweeney Community Development Commissioner Gary Morke (initially appointed to a full six-year term) Community Development Commissioner Cole VanHorn (initially appointed to a three-year term) 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: , 9�- (i9 City Attorney [11CCL] oNsENT �� CONSENT Memo To: Dennis R. Kraft,City Administrator From: Lindberg S. Ekola,Planning Director RE: Recording Fees Amendment to the 1995 Fee Schedule Date: April 10, 1995 INTRODUCTION: Staff has received notification from the Scott County Recorder that the County will begin charging recording fees for documents recorded by Cities effective immediately. The current planning fees were established on the basis that there would be no County recording fees or costs to the City in conjunction with plats,CUP's etc. BACKGROUND: Most of the property documents recorded by the City relate to activities coordinated by the Planning Department. The activities include subdivision plats,vacations,conditional use permits,and planned unit developments. Attached as Exhibit A is a copy of the 1995 Planning Department Fee Schedule. DISCUSSION: The fee to be required by the County Recorder for the recording of documents will be a minimum$15.00 charge for 15 pages plus $4.50 surcharge with$1.00 for each additional page. The minimum recording fee would then be$19.50 for any documents 15 pages or less. Staff would recommend that the County Recording fee as noted above be incorporated in the 1995 Fee Schedule under Information/Document Fees. The time frame in which the recording fees will be determined will occur after the project has been reviewed and approved by the City. Documents to be recorded are developed after the particular approval process is completed. In order to provide the development community with information relating to the increase costs,staff will incorporate a paragraph into each of the appropriate application packets noting the new fees. The 1995 Budget for recording fees is$300.00. Based on the new charges from the County,this amount will be inadequate. The City Clerk will request an amendment for the recording fee budget in November or December of this year as the revenues/expenses are better understood. ALTERNATIVES: 1. Approve the Fee Schedule Amendment. 2. Revise the Fee Schedule Amendment and approve as appropriate. 3. Table for further information from staff. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer Resolution No.4209,a resolution amending the 1995 Planning Fee Schedule to incorporate the Recording Fees to cover County recording costs,and move its approval. (g:\msof ice\winword\shelly\feeamend.cc) RESOLUTION NO. 4209 A RESOLUTION AMENDING RESOLUTION NO.4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the calendar year, and; WHEREAS, changing conditions and circumstances warrant amending the fee schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4143, the 1995 Fee Schedule, is hereby amended on page 16 and 17 as follows: I. INFORMATION/DOCUMENT FEES II. LAND DIVISION ADMINISTRATION FEES D. County Recording Fee See page under City Clerk, Recording 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 (g:\msoffice\winword\shelly\Res4209.cc) Refuse/Recvclinq Collection Rates (Authorized by City Code 3 . 02) i 1 . Urban Residence 30 gallon 12 . 80 60 gallon 13 . 66 Extra Service Coupon 2 . 50 Extra 60 gallon container 13 . 66 2 . Rural Residence 30 gallon 15 . 78 60 gallon 18 .47 90 gallon 20 . 08 Extra Service Coupon 2 . 50 * All rates include City billing, admin. and sales tax. 3 . Refuse/Recycling Collection License 105 . 00 yr PLANNING - hereby set as follows: I ' INFORMATION/DOCUMENT FEES A. Long Range Planning Documents 1 . Comprehensive Plan 50 . 00 2 . 1995-1999 Capital Improvement Program 20 . 00 ` - B. City Codes 1 . Chapter 11 Zoning Ordinance 25 . 00 2 . Chapter 11 Sign Regulations 5 . 00 3 . Chapter 12 Subdivision Regulations 15 . 00 C. Agenda/Minutes (Annual) 1 . City Council Agenda 15 . 00 2 . Planning Commission Agenda 15 . 00 3 . City Council Minutes 35 . 00 4 . Planning Commission Minutes 35 . 00 D. Maps 1 . City Map (small) 1 . 00 2 . City Map (large) 3 . 00 3 . Zoning (22"x34") 3 . 00 4 . Any Printed Maps (blueprint) 50/sq. ft . E. Services 1 . Zoning Verification Letter- 25 . 00 /(tea914,r //--IITCOMPREHENSIVE PLAN AMENDMENT FEES Ni A. Major Amendment $1, 000 .00 B. Minor Amendment - 500 . 00 /��lj -16- l 1 III . LAND DIVISION ADMINISTRATION FEES 'l' A. Major Subdivisions 1 . Preliminary Plat $330 + $6/lot or $200 + $4/acre, whichever is greater 2 . Preliminary & Final Plat Concurrently Preliminary fee plus final fee 3 . Final Plat 150 . 00 4 . Title Review Fee 100 . 00 B. Minor Subdivisions 1 . Lot Split/Lot Reassembly 100 . 00 2 . Registered Land Surveys 100 . 00 C. Vacations 1 . Vacations of Public Easements 100 . 00 2 . Vacations of Rights-of-Way 200 . 00 _ E. Park Dedication Fees Refer to Section 12 . 07, Subd. 5 of the Shakopee City Code F. Wetlands 1 . Certificate of Exemption review process. 75 . 00 IV. LAND USE ADMINISTRATION FEES A. Application for Appeal of City Administration Decision 1. Appeal to Board of Adjustment and Appeals 100 . 00 2 . Appeal to City Council 100 . 00 B. Application for Variances 1 . Single Family Residential 85 . 00 2 . All others 150 . 00 3 . Appeal to City Council 85 . 00 .M1. -17- 6(6�J C. Application for Conditional Use Permit 1 . Home Occupations 100 . 00 2.. Home Occupation Renewals and Amendments 100 . 00 3 . All Other Conditional Use Permits 200 . 00 4 . All Other Renewals and Amendments 200 . 00 5 . Appeal to City Council 100 . 00 6 . Mineral Extraction & Land Rehabilitation Permit 200 . 00 + $2, 500 cash deposit * + all administrative costs ** + all consultant fees *** D. Application for Planned Unit Development 1 . Planned Unit Development Plan Concurrently 700 . 00 +35 . 00/acre 2 . Amendment to Planned Unit Development Plan300 . 00 + $1, 000 cash deposit * + all administrative costs ** + all consultant fees *** C. Application for Environmental Review 1. Discretionary Environmental Assessment Worksheet No fee 2 . Required Environmental Assessment Worksheet 1, 000 . 00 3 . Required Environmental Impact Statement 4, 000 . 00 F. Zoning Ordinance Amendments 1 . Map Amendments Less than 2 . 5 acres 250 . 00 Greater than 2 . 5 acres 500 . 00 2 . Text Amendments 500 . 00 G. Additional Notices - Applies to all types of applications 1 . Rezoning Applications: Per Published Notice, in excess one published notices for each of two hearings 25 . 00 Per Mailed Notice, in excess of 100 notices for each of two hearings I 1 . 50 2 . All Other Applications Per Published Notice, in excess one published notice for one hearing 25 . 00 Per Mailed Notice, in excess of 100 notices for one hearing 1 . 50 NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE * Cash Deposits - Actions requiring cash deposits must be paid at the time of the application submittal . Cash deposits are held by the City to ensure adequate payment . A bill for the appropriate costs will be sent to the applicant and if not paid will be obtained from the cash deposit . The City Administrator has the right to amend the cash deposit requirements . Deposits will be place in escrow. ** Administrative Costs - Actions requiring payment for administrative costs may be billed to the applicant . Administrative costs may include but are not limited to the following: staff time, publishing costs, copying, printing and mailing. Department Fees Planning Director 55 . 00/Hour Senior Planner 45 . 00/Hour Assistant City Planner 35 . 00/Hour Planning Secretary 25 . 00/Hour Planning Technician 30 . 00/Hour *** Consultant Fees - Consultants may be required by the City to review development proposals including but not limited to traffic and water management issues . Consultant fees will be based upon a prior written proposal and agreement . Fees will be placed in escrow. ENGINEERING - hereby set as follows: Engineering Fees Department fees for Public Improvement Protects A. Private Developments A lump sum of 7 1/2% of the estimated construction costs for the project using the following breakdown: Administrative fee - 1% Plan Review fee - 2% Inspection fee - 4 1/2% Total - 7 1/2% Any direct costs incurred, such as material testing, are not included and will be billed back directly to the developer. SPUC inspection services are not included in this fee. B . City Projects The actual hourly rates of the employees will be used plus a multiplier of 2 . 9 for benefits, overhead, etc . A 1% project administration fee will be charged to all l _ - projects .. i q(iS -19- nONSENT f � EXPLANATION TO ORDINANCE h/ ORIGINATING DEPARTMENT: Law Department PURPOSE: To rezone ValleyFair from Race Track District to Planned Unit Development REMARKS: In February the City Council approved a planned unit development for ValleyFair. In discussing this with ValleyFair' s attorney recently, we realized that this rezoning was done as a resolution, and not as an ordinance. A planned unit development is a rezoning, which in turn is an amendment to the zoning ordinance. Those amendments must be by ordinance. Under the previous zoning ordinance, it was unclear exactly what a planned unit development was supposed to be. For whatever reason, they were done by resolution. That past practice was carried forward to this new planned unit development . Two other planned unit developments or amendments also have been done as resolutions since adoption of the new zoning ordinance. They will be brought to you soon for readoption as ordinances. New procedures have been put into place to prevent a reoccurrence of this mistake. ALTERNATIVES: 1 . Adopt the planned unit development ordinance for ValleyFair. 2 . Do not adopt the planned unit development ordinance for ValleyFair. ACTION REQUESTED: Offer Ordinance No. 413, an ordinance amending the zoning map adopted in City Code Sec. 11 . 03 by rezoning land commonly known as ValleyFair from "Race Track District" to Planned Unit Development District No. 1, and move its adoption. Submitted by: or�ie 4r) City Attor (13CCL] ORDINANCE NO. 413, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11. 03 BY REZONING LAND COMMONLY KNOWN AS VALLEYFAIR FROM "RACE TRACK DISTRICT" TO PLANNED UNIT DEVELOPMENT DISTRICT NO. 1 . WHEREAS, the owners of the land described on Exhibit A, commonly known as ValleyFair, submitted an application requesting rezoning from Race Track District to Planned Unit Development District; and WHEREAS, notices were duly sent and posted, and a public hearing was held on January 5, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11. 03 is hereby amended by rezoning land described on Exhibit A, commonly known as ValleyFair, from "Race Track District" to Planned Unit Development District No. 1. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1. The following variances are approved: A. Section 11. 03, Subd. 3 .C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot" . No further Planned Unit Development (PUD) or Conditional Use Permit (CUP) approvals will be required for buildings or structures for the amusement park expansion if they comply with the Major Recreation (MR) Zone regulations and all other City Codes. An amendment to the Planned Unit Development shall be required for the motel and the restaurant . B. Section 4 .30, Subd. 4 .D regarding Signage Allowed within the Heavy Industrial (I-2) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the existing multiple signs within the interior of the site, as well as the existing pylon sign located at the entrance of the site. 2 . Section 4 . 03, Subd. 1.A (4) , regarding fences states that fences six feet and under are permitted anywhere on the lot, except the front yard setback; and that fences in excess of six feet height require a Conditional Use Permit . A fence eight feet in height is approved with this Planned Unit Development to separate the proposed Department of Natural Resources (DNR) trail from the ValleyFair site. 3 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Prior to relocating the existing creek, the applicant shall obtain a Permit to Work in Protected Waters or Wetlands from the Minnesota Department of Natural Resources and/or approval by the Army Corps of Engineers. C. Prior to development of any designated wetlands, the applicant must obtain a Certificate of Exemption or an approved Wetland Replacement Plan as required by the Wetlands Conservation Act of 1991. 4 . The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. Section 3 - Effective Date. This ordinance becomes effective from and after February 21, 1995. 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 A, . -//1 Approved as to form: LL/, t;17 City Attorney Published in the Shakopee Valley News on the day of , 1995 . [11CCL] -2- • EXHIBIT A Legal Description of Project Area Parcel No. I: That part of Government Lot 1, Section 33, Township 116, Range 22, Scott County, Minnesota lying east of a line drawn parallel with and distance 3,100 feet East of the West line extended of Section 4, Township 115, Range 22. Parcel II: That part of the East half of Section 4, Township 115, Range 22, lying Northerly of the centerline of Minnesota Trunk Highway No. 101, EXCEPTING THEREFROM that part of said East half lying Northerly of the Northeasterly boundary of Trunk Highway 101 and Westerly of a line drawn parallel with and 3,100 feet East of the West line extended of said Section 4, Scott County, Minnesota. Parcel III: That part of Government Lot 2, Section 3, Township 115 North, Range 22 West, Scott County, Minnesota, lying Northerly of the centerline of State Trunk Highway No. 101. Parcel W: Lot 3, Section 3, Township 115 North, Range 22 West, Scott County, Minnesota. - Parcel V: That part of the North Half of the Southwest Quarter (N 1/2 of SW 1/4) of Section 3, Township 115 North, Range 22 West, Scott County, Minnesota, which lies Northerly of the centerline of State Trunk Highway No. 101. Copia- (-re ID- r\\--C 1 ORDINANCE NO. 413, FOURTH SERIES i AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND COMMONLY KNOWN AS VALLEYFAIR FROM "RACE TRACK DISTRICT" TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 1 . WHEREAS, the owners of the land described on Exhibit A, commonly known as ValleyFair, submitted an application requesting rezoning from Race Track District to Planned Unit Development Overlay Zone; and WHEREAS, notices were duly sent and posted, and a public hearing was held on January 5, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11 . 03 is hereby amended by rezoning land described on Exhibit A, commonly known as ValleyFair, from "Race Track District" to Planned Unit Development Overlay Zone No. 1 . Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1 . The following variances are approved: A. Section 11. 03, Subd. 3 .C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot" . No further Planned Unit Development (PUD) or Conditional Use Permit (CUP) approvals will be required for buildings or structures for the amusement park expansion if they comply with the Major Recreation (MR) Zone regulations and all other City Codes. An amendment to the Planned Unit Development shall be required for the motel and the restaurant. B. Section 4 .30, Subd. 4 .D regarding Signage Allowed within the Heavy Industrial (I-2) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the existing multiple signs within the interior of the site, as well as the existing pylon sign located at the entrance of the site. J � MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: April 18, 1995 RE: Minor Subdivisions BACKGROUND: A couple of years ago staff prepared a "minor subdivision" ordinance to allow combination of lots without going through an entire platting process. In order to get these combinations recorded at the County Recorder' s office, various conditions were established. Those conditions have made the process cumbersome and expensive. The new County Recorder has worked with staff to approve a form for recording the lot combinations, without requiring the onerous conditions. The ordinance needs to be revised. Staff can prepare a revision to the ordinance now, or can prepare it as a part of the revision of the entire subdivision chapter, which is slated for this year. ALTERNATIVES: 1 . Revise the minor subdivision provisions now, in order to relieve the problems before the construction season ends. 2 . Revise the minor subdivision provisions with the rest of the subdivision ordinance later this year. RECOMMENDATION: Revise the minor subdivision provisions now.