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HomeMy WebLinkAbout11/16/1999 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 16, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7.00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes of July 20, 1999 *8] Approve Bills in the Amount of$965,678.74 9] Public Hearings: A] Proposed assessments for improvements to McGuire Circle, McGuire Court and Muhlenhardt Road, 1999-2 - Res. No. 5272 B] Proposed assessments for improvements to 17th Avenue west of CR-17, 1998-4 - Res. No. 5271 C] Proposed assessments for the 1999 street overlay for 11th Avenue and Block 6 alley reconstruction, 1999-6 - Res. No. 5273 10] 7:30 p.m. Liquor License Violations 11] Liaison Reports from Councilmembers 12] Joint Meeting with Economic Development Authority 13] Public Hearing on Business Subsidy Policy-EDA Res. No. 99-4, Council Res. No. 5277 I'I TENTATIVE AGENDA November 16, 1999 Page -2- 14] Recommendations from Boards and Commissions: A] Amendment to the Planned Unit Development for Park 2000 Southwest-Res.No. 5280 *B] Preliminary and Final Plat for Opus MVW, located south of 4th Avenue and west of CR- 83 - Res.No. 5275 C] Text Amendments to the City Code - 9. /1/o • • _63 • *D] Final Plat for Pheasant Run 3rd Addition,located north of Valley View Road and east of Pheasant Run Street-Res.No. 5274 15] General Business A] Community Development 1. Resignation of Gary Morke from the Planning Commission *2. Set Hearing to Consider Vacation of a Portion of Lewis Street in P &V 2nd Addition-Res.No. 5268 *3. Set Hearing to Consider Vacation of Easements in Westridge Lake Estates 2nd Addition- Res.No. 5269 4. Discussion of Shoreland Ordinance/Park Dedication Req./EAW Petition 5. Waiver of Subdivision Criteria for Pheasant Run *6. Participation in Metropolitan Livable Communities Act -Res.No. 5276 B] Public Works and Engineering *1. Purchase of Box, Hoist, Plow, Wing& Sander for Two Single Axle Dump Trucks 2. Design Criteria for Subdivision Ordinance - Res.No. 5279 *3. Accepting Work on Vierling Drive Project 1998-2 -Res.No. 5186 • C] Police and Fire 1. Authorization to Hire a Police Officer 2. Discussion Regarding Card Clubs within the City Limits D] Parks and Recreation El General Administration 1. Amending City Code Relating to Senior Citizen Deferment of Special Assessments, Ord.No. 561 *2. Amending 1999 Pay Plan for Assistant Finance Director-Res.No. 5266 *3. Amending 1999 Pay Plan for Part-time Employees-Res.No. 5270 4. MnDOT Parcel 75 Special Assessments (Southbridge) 5. City Facility Space Needs Analysis Amendment 6. 2000 Non-Contract Pay Plan and Insurance Benefit Adjustments -Res.No. 5278 7. SPUC Easement/OPUS 16] Other Business 17] Adjourn OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE,MINNESOTA JULY 20, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link,DuBois and Sweeney present. Also present: Mark McNeill, City Administrator;Bruce Loney, Public Works Director/City Engineer;R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; Paul Snook,Economic Development Authority Coordinator; and Tim Thomson, City Attorney. The pledge of allegiance was recited. The following item was removed from the agenda:No. 15.E.7. Green Acres Split for Hauer Property. (This will be deferred to a later meeting at the applicant's request). Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Mayor Brekke gave the Mayor's report. Mayor Brekke gave Cncl. Amundson time to report on her tour concept. Cncl. Amundson gave her explanation as to what the tour concept was. She felt it would be a good idea with the moratorium in effect to take a bus and go out and see just what the community looked like. It was good to see the developments on paper but it was particularly helpful to go and see just what these developments actually were like with the private streets(how easy/difficult it was to turn large vehicles around). Also to see how the density affected the neighborhood and also how the setbacks could affect the entire development and how the development actually looked after it was all built up. Cncl. DuBois asked if other developments along with the Southbridge and Classics were also included in this tour. Mark McNeill, City Administrator, said that other areas under development would be looked at, at this time also. The following items were removed from the consent agenda: 14 A. Final Plat of Southbridge 4th Res. No. 5189; 14 B. Final Plat of Savanna Oalcs at Southbridge-Res. No. 5190; 14 C. Final Plat of Savanna Oaks at Southbridge 2nd addition-Res. No. 5191; 15 C.1. Self-Contained Breathing Apparatus Bottle Replacement. DuBois/Link moved to approve the Consent Agenda as modified. Motion Carried unanimously. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. There was no response. DuBois/Link moved to approve the Minutes of May 4 and May 10, 1999. (Motion carried under the Consent Agenda). 1 Official Proceedings of the July 20, 1999 Shakopee City Council Page -2- DuBois/Link moved to approve the bills in the amount of$1,172,561.59. (Motion carried under the Consent Agenda) There were no liaison reports this evening.. A recess was taken at 7:10 for the purpose of conducting the Economic Development Authority meeting. The meeting was reconvened at 7:12 P.M. Mayor Brekke opened the Public Hearing on Noise Mitigation Requirements for the Classics at Southbridge. (This was reordered) Steve Ach, on behalf of Centex, the developer of the Classics, objects to the additional requirements and wishes to address the Council. Michael Leek explained that staff has proposed adding two conditions related to noise mitigation to the developers agreement for the Classics at Southbridge. The Developer, Steve Ach, on behalf of Centex Homes, objects to the additional requirements. These conditions are: • A requirement that structures within 520 feet of STH 169 have windows with an STC rating of 30; and (The Heritage Village townhouse development prompted this) • A requirement that the homeowners association be responsible for the cost of any future noise mitigation measures. (The plat approvals in items 14 a,b,c removed from the consent agenda, also include this 2nd requirement). Mr. Leek stated that due to the fact that the City Council added such a condition to the final plat of Ryland's townhouse project in Southbridge, staff was proposing the first condition listed above to the Southbridge developments. The condition was not included in the resolutions of approval for either the"East Dean Lake PUD," or the final plat of Southbridge 1st addition. Because the physical relationship of the Classics to STH 169 is different than that of the Ryland's project Mr. Achs, of Centex, contends that the STC 30-rated windows is not necessary and would add undue additional cost to the houses in the Classics. Staff proposed the second condition because the City does not want to be obligated to pay for future noise mitigation in any way. This item was discussed with the City Attorney before tonight's meeting. He concurred that the City need not be obligated to pay for noise mitigation that could possibly be needed in the future. There are three(3) additional requests for final plat approval tonight that contain conditions imposing the cost of future noise mitigation measures on the homeowners association these are: 14. A. Final Plat of Southbridge 4th Addition; 14.B. Final Plat of Savanna Oaks at Southbridge; and 14.C. Final Plat of Savanna Oaks Southbridge 2nd Addition. The Mayor asked if sound studies were done by the developer for each of the developments that are objecting. Mr. Leek explained that WSB did sound studies. The berming the developers put in was to address the anticipated noise. This berming was thought to be all that should be required. However, 2 Official Proceedings of the July 20, 1999 Shakopee City Council Page -3- staff did not feel that two story homes and the first tier of houses were adequately addressed. They felt perhaps STC -rated windows were necessary for future noise mitigation. Steve Soltau, from Shakopee Crossings approached the podium and gave some background on the Southbridge development. This development was five years in the planning concept stage and it was a complicated project. There were numerous people involved in the PUD, Preliminary Plats and Final Plats. The noise mitigation has been conceptually addressed from the beginning. The people were there first;then the roadways started coming. Each resident is given a disclosure book. This book has information in it for the residents to work with if they have future concerns. There are an unlimited number of conditions that can cause noise. We should deal with what we have today. The burden would be placed on the homeowners association and we already have residents in that association. And their documents are in place. This proposed language comes after the fact and it is next to impossible to change all the documents at this time. There is a hierarchy within the Homeowners Association and there are just too many documents that would need to be changed. Additionally not all developments have a homeowners association and it was felt that everyone should be treated equally. This is a fairness and equity issue also. It was felt that the city could not tell the homeowners to have a study done now and then assess them for it. The citizens could petition for noise mitigation measures and then if it was petitioned the costs could be assessed back. Mr. Steve Soltau of Shakopee Crossings felt the 520 feet would cut significantly into many of the developments. DuBois considered the two level homes in the Classics. Mr. Leek pointed out that the second level was above the berm and thus the berming would not adequately suffice for all noise mitigation. Cncl. Sweeney said the City's options are limited. Either the City pays or the City installs and then assesses the property owners for any noise mitigation measures that are done. Cncl. DuBois wanted to know how the City thought they could change the rules and bylaws of the associations at this time. The residents closed on those documents. This would be after the fact. She was not sure this was even legal. The City Attorney said the developers are responsible for existing and future street noise mitigation. The City just wants some way to ensure that they will not have to pay for future noise mitigation when the houses are all sold and the developers are gone. It was suggested perhaps some kind of security should be given and this security would have some kind of a sunset clause. There were other concepts available but those concepts were probably not more acceptable, perhaps less, to the developers. When County Road 21 is improved, it is anticipated that there will be a need for noise mitigation measures along it in places. The City does not want to be liable and the County and State are exempt from noise mitigation measures. How is the City going to respond? 3 Official Proceedings of the July 20, 1999 Shakopee City Council Page -4- Cncl. Sweeney said that a great many people are impacted by this decision. The city would get its money for the noise mitigation from the general levy and in actuality it is the existing taxpayers who would be paying. Mayor Brekke suggested requiring the homeowners' associations to be responsible for the noise mitigation measures that they deem necessary or desirable. This would be the responsibility of the homeowners association and would need to be recorded with the final plat. It is not a good idea for the City to go to the homeowners; let the homeowners come to the city. You can put this into the record and give notice but we cannot change the documents that are in place now. Mr. Leek said the city could not require change of the documents that are filed now. Steve Ach, Centex Homes, approached the podium. He was there to discuss the STC -rated windows that the city wanted required on some units in the Classics. When the noise analysis was done by WSB the window upgrading was never discussed. This 30 STC -rated window idea was new to him. The idea of the windows should have been presented initially not now. He did not feel the Classics was comparable to the"Ryland development". Mayor Brekke asked Steve Ach if the windows were a good idea. Mr. Ach replied it was. He would be happy to offer this as an option to his homebuyers especially along STH 169, for an additional cost. The Mayor would like to hear from WSB on the window issue. If we make the decision tonight, how many of the lots along STH 169 would be affected by the windows? Mr. Ach asked for help in identifying which lots would require the windows. Tonight they were working on the second phase and not many of these homes were impacted by STH169, it is a future phase of the Classics that will be strongly impacted by STH 169. He had the option to put the windows in or work with WSB on the noise issue. It was decided that only one lot tonight (in the Classics at Southbridge plat)required the higher rated windows and the next phase to the East could be worked out with WSB. Cncl. DuBois asked if it were just the windows along the roadway that needed to be 30 STC -rated or was the entire house needing these particular windows. Mr. Ach said that would do the entire house with the windows. This window upgrade would add approximately$1000 cost per house. Mayor Brekke wanted to move forward. He asked staff to work with WSB on the next tier of homes next to STH 169. Cncl. Amundson agreed with the Mayor that people were not complaining of the noise when they had there windows closed. Cncl. Link said right now nothing protects the city against noise mitigation measures requested by the existing homeowners. 4 Official Proceedings of the July 20, 1999 Shakopee City Council Page-5- Steve Soltau from Shakopee Crossings said the homeowners document does address the noise mitigation issue in certain documents Mr. Leek said that regarding the homeowners association that only three final plats are affected by the draft resolution before us tonight. He expressed that there was nothing in the homeowners association to say that the City was not responsible. Cncl. DuBois made the statement that the people were there before the roads came and the people moving there now know the roads are there. Brekke/Sweeney moved to direct staff to include a proposed condition in the developers agreement for the Classics at Southbridge stating that the homeowners association shall be responsible for the cost of any future noise mitigation measures that they deem necessary and/or desirable. DuBois asked the City Attorney, Mr. Thomson, if this could be challenged at a later date. The City Attorney replied that this was putting the homeowners on notice. If they requested the noise mitigation the City would not pay but the homeowners would. This would be an infringement to the present homeowners because their documents do not have this language. Mr. Thomson said to just put in the statement that the City will not be responsible for any future noise mitigation. Steve Soltau said the County and State are exempt today but he thinks in the future the county and state will have to do something regarding the noise because there is getting to be more and more. They will have to adopt some mitigation practices. Mr. Sweeney had some concerns regarding the wording of the motion. He felt perhaps it should be tabled and that the City Attorney and the developer's attorneys could come up with some acceptable wording. Cncl. DuBois said she would not support this motion because this language was not in the documents that are closed on now or being worked on at the present time. The City Attorney felt the motion on the table was fine. It states that future noise mitigation measures are at the"request of the homeowners association". The concept made sense and the developers felt this was a workable solution. Motion carried unanimously. 5 Official Proceedings of the July 20, 1999 Shakopee City Council Page -6- Mr. Leek stated that the resolution approving the final plat of Southbridge 4th Addition needed a modification to condition a)viii. This condition should perhaps contain the language that"future noise mitigation is the responsibility of the homeowners association if noise mitigation is desired or requested by them". Sweeney/Link offered Resolution No. 5189, A Resolution of the City of Shakopee,Minnesota Approving the Final Plat of Southbridge 4th Addition, and moved its adoption. Sweeney/Link moved to amend Resolution No. 5189 by changing the language in condition No. viii to read "Any future noise mitigation shall be the responsibility of the homeowners association if desired or requested by them." Motion carried unanimously. Motion carried unanimously on main motion as amended. Mr. Leek stated that the resolution approving the final plat of Savanna Oaks at Southbridge needed a modification to condition a)viii. This condition should perhaps contain the language that"future noise mitigation is the responsibility of the homeowners association if noise mitigation is desired or requested by them". Amundson/Sweeney offered Resolution No. 5190, A Resolution of the City of Shakopee, Minnesota Approving the Final Plat of Savanna Oaks at Southbridge, and move its adoption. Amundson/Sweeney moved to amend Resolution No. 5190 by changing the language in condition No. viii to read "Any necessary future noise mitigation shall be the responsibility of the homeowners Association if desired or requested by them." Motion carried unanimously. Motion carried unanimously on main motion as amended. Mr. Leek stated that the resolution approving the final plat of Savanna Oaks at Southbridge 2nd needed a modification to condition a)viii. This condition should perhaps contain the language that"future noise mitigation is the responsibility of the homeowners association if noise mitigation is desired or requested by them". Link/Amundson offered Resolution No. 5191, A Resolution of the City of Shakopee,Minnesota approving the Final Plat of Savanna Oaks at Southbridge 2nd Addition, and moved its adoption. Link/Amundson moved to amend Resolution No. 5191 by changing the language in condition No. a) viii to read "Any necessary future noise mitigation shall be the responsibility of the homeowners association if desired or requested by them." Motion carried unanimously. Motion carried unanimously on main motion as amended. 6 Official Proceedings of the July 20, 1999 Shakopee City Council Page -7- DuBois/Link offered Resolution No. 5192, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Stone Meadow 5th Addition, and moved its adoption. (Motion carried under the consent business.) Mr. Leek, explained that Oppidan was appealing the Board of Adjustment and Appeals decision on their sign variance. They are requesting a 72.5 square foot variance to allow sign area of 272.5 sq. ft. for the front of the building and a 117 square foot variance to allow a 217 sq. ft. sign on the STH 169 side of the building. The Board of Adjustment and Appeals denied the request consistent with the staff recommendation. Mr. Paul Tucci was present and he said Oppidan would agree not to sign the sides of the new target store if they were allowed the variance. Actually all they were doing is just repositioning the allotted number of feet for all signs on the building. They were not asking for any more. They were trying to be sensitive to the residents along the side. Paul Tucci, of Oppidan, approached the podium. He showed visuals of the proposed signage. There was a total of 490 Square feet (this includes the variance request) for the entire signage proposed.. Mayor Brekke said he had been critical of variances to the sign ordinance in the past. However, this variance would be beneficial to the residents of this area. In this case the variance would be a good tool. There is the tradeoff that the sign on the building will become larger on the front and back than under the ordinance but there would be no sign on the side to annoy the residents. Cncl. DuBois agreed in part with Mayor Brekke. She felt being a good neighbor by Target was good for business and they should be accommodated. Cncl. DuBois felt it made good business sense for Target to keep the signage off the east and west sides of Target. DuBois/Link moved to grant the sign variance on the north and south sides of the new Target store on Vierling Drive and uphold the appeal of the applicant. Mayor Brekke disagreed in part with the good neighbor theory. He felt there was some element of self interest in this proposal of Target. Cncl. Link felt signs should be in proportion to the building. This type of variance request will be becoming more frequent. Cncl. Amundson felt if they readjusted their standards it wouldn't change the ordinance. If we wouldn't accept this before why should it be accepted now. She would not support the variance. Mr. Leek felt perhaps the PUD would be a better mechanism to address the sign issue with. Official Jul Proceedings of the 20, 1999 Y Shakopee City Council Page -8- Motion carried 4-1 with Cncl. Amundson dissenting. Michael Leek gave some background on the inspection of individual sewage treatment systems(ISTS) in the City. There have been questions raised recently by the City Council about the permitting and monitoring of ISTS in the City. Under Section 115.55 and MPCA rules, additional requirements for inspection of new and replacement systems have been imposed. New comprehensive plans submitted to the Metropolitan Council have an ISTS "management plan". The City of Shakopee could opt to retain the responsibility of ISTS management,but it could also opt to turn the responsibility back to the County, which has statutory responsibility for ISTS management. There are three (3)basic components of ISTS regulation and maintenance: • Permitting and inspection of new systems; • Inspection, repair, and replacement of existing systems; and • Inspection and reporting related to existing systems. At present the City permits and inspects new systems as part of the building permit review process. The City at this time does not regularly inspect or require the routine inspection of ISTS. However, if the City is made aware of failing systems it then inspects the failing and replacement systems. Scott County permits and inspects new systems in the County, and inspects failing and replacement systems, and also they have recently adopted a maintenance program as part of its ordinance. Mr. Leek stated that it makes sense for the City to retain responsibility for the approval, inspection, and management of new IST systems and turn the management an ongoing inspections over to the County. The City has no management plan in place as of now. Sweeney/Amundson moved to direct staff to modify the ordinance and turn control of the management of existing systems over to Scott County. Cncl. Sweeney clarified for Cncl. DuBois that the city would issue permits and inspect new IST systems. Once these systems were initially inspected they would then be turned over to Scott County to manage under the new MPCA rules. Scott County also has state statutes to comply with. Cncl. DuBois asked if the City needed to comply with the MPCA and the state codes that the county needed to comply with. The City has MPCA regulations and state codes to follow. Cncl. Link said developers were sometimes held up for months trying to get County approval for a new IST system. Therefore, he was glad to see the City retain control of new systems. Cncl. DuBois said every three years the County enforces the inspection of IST systems. She asked if the County does a verification of the ISTS at point of sale? She was advise"no". Cncl. Sweeney suggested that when there are discussions with the County that it be brought up that Shakopee would like to see inspection be done at the point of a sale of property. 8 Official Proceedings of the July 20, 1999 Shakopee City Council Page -9- Michael Leek said the direction he understands from Council includes independent inspectors inspections at sale of property and a requirement of disclosure. At present no one takes care of this. Motion carried unanimously. The City Attorney thought perhaps the City could do point of sale inspections and verification through the County. Cncl. Sweeney wanted this brought to the attention of the County. Michael Leek explained that in 1996 a Subdivision Review Committee(SRC) was formed for the purpose of reviewing and recommending revisions to the City's subdivision regulations. Not only did they review the subdivision ordinance they also reviewed the City's design criteria The subdivision regulations recommended for approval by the SRC are more specific than the current regulations. They are more specific in the areas of: definitions, requirements for preliminary and formal plat review and the effect of approvals. Several specifications for public improvements would be deleted from the ordinance and incorporated into the design criteria. There are also two other elements to discuss and give staff direction regarding. The first of these is the element related to the reduction of security for public improvements. This provision is a departure from what the City is currently doing and is of great concern to the City Engineer. He explained that the City Engineer feels it would be better to be safe than sorry. The second element is that the provisions regarding variances from the subdivision draft ordinance closely follow the requirement for a variance from the zoning code. The Council is asked to consider adopting a new subdivision ordinance and the accompanying ordinance summary. In Michael Leeks conversation with the City Attorney regarding the variance criteria it was felt that perhaps the criteria could be loosened some. Mr. Leek asked for direction from the Council and he will come back with a revised ordinance. Mr. Leek stated that the design criteria of 1999 does delete private streets. Staff recommends that street width be 32 feet and the Planning Commission recommends 30 feet. It is also recommended that staff bring this issue back with a resolution to adopt at a future meeting. There was discussion on the street width and other issues. It was decided to stay with what the City had regarding streets. Cncl. DuBois felt if the language was loosened for the variances there would be fewer appeals on the variance requests to the Council. Mayor Brekke agreed with Cncl. DuBois. Regarding the street width issue, Mayor Brekke said he would not support 30 feet width streets. As the density goes up the width of the street needs to be wider, 34 feet-36 feet. Mr. Loney said this was discussed in Subdivision Review Committee and it was determined that some streets that are main streets need to be wide. The width should be based on traffic volume not driveway use or parking use. 9 Official Proceedings of the July 20, 1999 Shakopee City Council Page -10- The main routes need to be wide, this does not necessarily mean it is a collector street. This must be reviewed because street width affects affordable housing. Cncl. Sweeney said he was comfortable using traffic volume to determine street width. Cncl. DuBois could see the need for flexibility in street width. The density and street use are logical avenues to determine the needed width. She would like something to guide the developer so they would know what is expected of them Cncl. Link said he never was in favor of narrow streets. You have to think of other variables; like snow, emergency vehicles, etc. He therefore, would like 36 feet wide streets. Cncl. Amundson felt the City should allow themselves flexibility depending on the design and the development. Staff was looking for direction for an absolute minimum. It was felt urban residential streets should be at least 32 feet in width. Traffic volumes will be looked at thereafter to determine if wider streets should be required, for each development. This allows for flexibility. Developers look at width minimums. Mayor Brekke and Cncl. Sweeney suggested that perhaps WSB should take a look at the issue of street width and bring back some feedback at a future meeting. Mr. Leek recommended incorporation changes received from the City Attorney into Section 12.57 relating to providing evidence of title. There was no opposition. The Mayor would like to see a breakdown of how a price is arrived at for a lot. He felt this would be useful in determining affordable housing. He would like to know what are the cost drivers. i.e. land costs, street costs, park dedication fees. etc. Staff will make changes to the subdivision ordinance as discussed and bring a final version back to City Council for approval. DuBois/Link moved to approve a motion for the appropriate City officials to acquire easements from Betaseed, Inc. for the construction of Sarazin Street,Project No. 1999-3, in the amount of$3,377. (Motion carried under the Consent Agenda.) DuBois/Link offered Resolution No. 5185 , A Resolution Accepting Bids on Sarazin Street, from St. Francis Avenue to 800 feet South of St. Francis Avenue-Project No. 1999-3, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Link moved to authorize the appropriate City officials to execute an extension agreement with Bolton&Menk, Inc. to provide construction surveying services for the City of Shakopee for the 1999- 3 improvement project. (Motion carried under the Consent Agenda.) 10 Official Proceedings of the July 20, 1999 Shakopee City Council Page -11- DuBois/Link moved to authorize a 5% contingency amount for use by the City Engineer in authorizing changed orders or quantity adjustments on the 1999-3 improvement project. (Motion carried under the Consent Agenda.) DuBois/Link offered Resolution No. 5195, A Resolution Approving Plans and Specification and Ordering Advertisement for Bids for the 1999 Street Overlay(11th Avenue, from County State Aid Highway 17 to Merrifeld Street) and Block 6 Alley Reconstruction,Project No. 1999-6, and move its adoption. (Motion carried under the Consent Agenda.) DuBois/Link offered Resolution No. 5196, A Resolution Approving Plans and Specifications and Ordering Advertisements for Bids for Vierling Drive, from County State Aid Highway 17 to Miller Street, Project No. 1999-5, and move it adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois approved the purchase of 11 replacement SCBA air cylinders from Clarey's Safety Equipment for a total of$9,702. Motion carried unanimously. DuBois/Link offered Resolution No. 5197, A Resolution of the Shakopee City Council Authorizing Execution of An Agreement for the Project Entitled Safe& Sober Communities, and moved its adoption. The resolution authorizes the appropriate City staff to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities during the period from October 1, 1999 throughout September 30, 2000 for the amount of$23,400 or a lesser amount if awarded by the Department of Public Safety, Office of Traffic Safety. (Motion carried under the Consent Agenda). DuBois/Link moved to offer Resolution No. 5187, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Southbridge Cove, and move its adoption. (Motion carried under Consent Agenda). Mark McNeill, City Administrator, said the Police Officers Contract was ratified by the Union this afternoon. Some of the items agreed upon were: raises, two tier system, court time, uniform allowance, vacation accrual, holidays and an increase in performance pay. There were some additional language changes. DuBois/Link moved to authorize the appropriate officials to ratify the 3-year contract with teamsters local 320 police officers for the three year period beginning 1-1-99. Motion carried unanimously DuBois/Link moved that the Council should approve Mayor Brekke and Councilor Amundson serving on a City Administrator performance subcommittee, which would then recommend action back to the full Council at a future meeting. (Motion carried under the Consent Agenda.) 11 Official Proceedings of the July 20, 1999 Shakopee City Council Page -12- DuBois/Link moved to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust with a deposit premium of$210,928. (Motion carried under the Consent Agenda). DuBois/Link moved to authorize the acceptance of$2,061.55 and $1,820.45 from the Lion's Club and to reserve the money for future improvements to Lions Park. (Motion carried under the Consent Agenda.) DuBois/Link moved to award a contract for the Thrift Store environmental evaluation asbestos clean up to Peer Environmental, in the amount of$7,262, on the condition that the$655 difference between the low bid and Peer will be paid to the City by Valley Green Business Park. (Motion carried under the Consent Agenda). Paul Snook, Economic Development Coordinator, addressed the council on downtown parking identification signs. The City Council is asked to approve the acquisition and installation of city logo parking lot signs and some trailblazer signs. The parking lots would not have names. Thus keeping the signs simple and containing only functional text. This text would be"PUBLIC PARKING". The City logo would also be incorporated into the sign. Mr. Snook recommended not naming the City parking lots. The signage of the sign was researched with other communities. Other Cities did have some trailblazer signs(point to parking lots) at an angle and that particular orientation was desirable and thought to perhaps make it easier for autos to see where the parking lots are. The signs were originally asked to be 36 inches by 42 inches. This now was thought to be too large. The 24 inch by 36 inch were preferable. The Council is asked to provide direction to staff to use only the functional text of "PUBLIC PARKING" on the parking signs and not name the parking lots; and to acquire city logo parking lot signs and city logo trailblazer signs. Paul Snook talked with Great Lakes Management and HR for River City Centre and they informed Mr. Snook that they wanted the words River City Centre and they preferred no city logo on their parking lot signs. There was discussion on the River City Centre parking signs. There was a consensus that because this was a public parking lot the city should be in control of what was put on the sign. If River City Centre put up the signs they wanted with only the words"River City Centre" on the sign the council thought this would be misunderstood and people would think the parking was just for River City Centre. All the signs needed to be the same. Cncls. DuBois and Sweeney and Mayor Brekke would like the River City Center parking signs to look the same as the City's parking lot signs. Sweeney/DuBois moved to direct staff to get bids on all public parking lot signs . The signs were to be sized 24"x 36". All the signs were to be consistent with the recommendations. 12 Official Proceedings of the July 20, 1999 Shakopee City Council Page -13- Mr. Duane Wermerskirchen approached the podium. He wanted the parking signs angled so you can see them. He liked the smaller size signs. He felt the River City Centre signs should not have the name River City Centre on them but they should have the city logo on because this was a public parking lot. He wanted the Council to look into the parking at River City Centre. Regarding downtown parking, Mr. Wermerskirchen requested that there be a workshop to look into future parking, because of the two new banquet facilities coming. Motion carried unanimously. DuBois/Link offered Resolution No. 5198, A Resolution Executing the Metropolitan Livable Communities Act Local Housing Incentives Account Grant Agreement- Grant No. SG-99-10 and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to adjourn to Tuesday July 27, 1999, at 5:00 p.m. Motion carried unanimously. The meeting was adjourned at 9:06. ,J 026 udith S. Cox City Clerk Carole Hedlund Recording Secretary 13 41.2 r- CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: November 10, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 11/10/99 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $2, 706 .20 . Also included in the check list but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $20, 455 . 14 . Action Requested Move to approve the bills in the amount of $965, 678 .74 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 11/10/99 • CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 3,003 91,166 123 12 CITY ADMINISTRATOR 219,200 7,469 164,128 75 13 CITY CLERK 201,220 7,947 155,027 77 15 FINANCE 348,770 9,220 311,242 89 16 LEGAL COUNSEL 269,000 11,267 316,590 118 17 COMMUNITY DEVELOPMENT 737,468 19,535 464,883 63 18 GENERAL GOVERNMENT BUILDINGS 232,230 7,638 162,203 70 31 POLICE 1,931,330 76,734 1,593,615 83 32 FIRE 618,420 5,091 449,281 73 33 INSPECTION-BLDG-PLMBG-HTG 340,962 14,177 288,373 85 41 ENGINEERING 507,620 18,562 422,437 83 42 STREET MAINTENANCE 827,730 19,171 594,116 72 44 SHOP 145,330 6,382 128,645 89 46 PARK MAINTENANCE 492,090 12,551 388,375 79 91 UNALLOCATED 589,550 1,690 814,293 138 TOTAL GENERAL FUND 7,535,000 220,436 6,344,372 84 17 COMMUNITY DEVELOPMENT 676,180 0 478,018 71 TOTAL TRANSIT 676,180 0 478,018 71 00 N/A 0 0 785 0 19 EDA 403,170 4,770 142,445 35 TOTAL EDA 403,170 4,770 143,230 36 H a1 > to of D' a _ a '''�1 4010104 a a a a a a a a a a a a aaa a as N HHHH H H H H H H H H H H H H H H H H H H N 0 H a w 01 O W 01 a£ H p H z I O0 c rn al Z Z V O1 01 01 N.N N o 017 0 rn rn err- H U O en x x x o o o H M V•Ln 10 I N CO 01 0 . 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VT V' N U1 4/1- 41)- tn- AO- Z >4 >4 w U w N H w Z Z H H 0 wwWH CO E4 H J J co Xz HZ H 0 w a a Z w E-• w 3 4 z > a as 0 w > U > w Z 0 0 a >4 w W H H H a a a MH 0 0 Z w A C4 cil 04 a 4E. U) H W Z Ci X 0�� A w E' z °a 01 Cl) A H H H w '0 H E. 3 a H 0 Ei E cn w A w 0 W x H w W H m H a p a .7 Z Cl) Z 44 a a co a co Cl w 01 Z0 w U H 0 W 0 4 co H 4 Cl H co 4 H W w 0 3 Cl) 0 W a O 1-1 w w H E+ H Cn cn a s W Cl) w U W x H U) 0 r1 N H O O1 O N O O O O H 121 O O O H N N M V' d' V' U) U) ri m V' U) 0) N e1' 0 1-1 V V V V V' V' V V N N N N N CO CO H gIt 3t *t *t 3t 3t 3t *t 3t 3t *t 3t 3t 3t *t 3t it ?, /11111111 SHAKOPEE November 16, 1999 Mayor and City Council City of Shakopee 129 Holmes St. So. Shakopee,MN 55379 Re: 1999-2 McGuire Circle, McGuire Court and Muhlenhardt Road Improvement Project Parcel No. 27-053005-0 owned by Larry H& Charlotte Post I received a voice mail message from Charlotte Post on Friday, November 12, 1999, at 8:04 a.m. She advised me that she was leaving town and would not be able to attend the public hearing Tuesday night. She advised that she had dropped off at city hall five letters for the Mayor and City Council and asked that I make sure that they get distributed. I received this message on Monday morning,November 15th, as I was not in the office on Friday. I have been unable to locate the letters. In acknowledgment of Ms. Post's voice message, this is to advise the City Council of her objections to the proposed assessments and her intent to appeal her assessment. Sincerely, J.72c- J ith S. Cox ity Clerk COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 1 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for McGuire Circle, McGuire Court and Muhlenhardt Road, Project No. 1999-2 DATE: November 16, 1999 INTRODUCTION: Attached is Resolution No. 5272, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed except for minor punch list items and all project costs identified. The final costs are $220,678.94, which consists of construction costs, right-of-way costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE McGuire Circle &McGuire Ct. $ 22,525.08 Assessments City Cost $ 67,575.26 Tax Levy Muhlenhardt Road $ 65,289.30 Assessments City Cost $ 65,289.30 Tax Levy TOTAL PROJECT COSTS $220,678.94 This project was to reconstruct the existing paved rural streets of McGuire Circle and McGuire Court and the existing gravel surfaced Muhlenhardt Road. Improvements include storm sewer, concrete curb & gutter, bituminous pavement and restoration work. The City's costs within this project is for 75% of the reconstruction cost for McGuire Court and 50% of the Muhlenhardt Road improvement costs along with the assessment for City park land on Muhlenhardt Road. Staff will make a presentation on the project costs and assessments at the public hearing. Previously, at the August 3, 1999 Council meeting, a letter from Charlotte Post was received in regard to the proposed assessments. Ms. Post's contentions are summarized as follows: 1. The lots that abut Muhlenhardt Road in Riverview Estates and the Theis lot should pay more than the lots in Riverview Estates that do not abut Muhlenhardt Road. 2. The City should pay more than the 50% of the cost as the maintenance costs savings is greater than stated in the feasibility report. The assessments were calculated using a per lot method in which all of the lots in Riverview Estates were treated the same. The Theis lot on Muhlenhardt Road was given a double lot assessment as the property receives direct access from this road. The assessments were calculated, as per the feasibility report and the amended report, as there was significant discussion in meetings on this subject prior to ordering the improvement project. On the second point from Ms. Post, staff had calculated costs from previous records to determine the maintenance costs on Muhlenhardt Road. It was decided at the public hearing to use a 50% cost percentage for City participation. If Council wishes to change the assessments at the hearing, the assessments can be revised and new notices sent to property as the adopted levied amount. ALTERNATIVES: 1. Adopt Resolution No. 5272. 2. Deny Resolution No. 5272. 3. Table Resolution No. 5272. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5272 A Resolution Adopting Assessments for McGuire Circle, McGuire Court and Muhlenhardt Road, from County Road 16 to Horizon Drive, Project No. 1999-2 and move its adoption. CY nice Loney Public Works Director BL/pmp MEM5272 RESOLUTION NO. 5272 A Resolution Adopting Assessments For McGuire Circle, McGuire Court And Muhlenhardt Road, From County Road 16 To Horizon Drive Project No. 1999-2 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: McGuire Circle, McGuire Court and Muhlenhardt Road, between County Road 16 to Horizon Drive by street, storm sewer, concrete curb and gutter and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 7.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2000 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PROPOSED ASSESSMENT ROLL FOR I McGUIRE CIRCLE,McGUIRE COURT AND MUHLENHARDT ROAD IMPROVEMENTS P.I.D. LOT Mc'PROPERTY OWNER 'LEGAL DESCRIPTION I ASSMN'T I CIR.&ICT. ASSMN'T LOTRE MUHROAD RDT ASSMN'T TOTAL 27-053001-0 SEAN D&PATRICIA A SIMONDET LOT 1 BLK 1 1 $1,877.09 0.5 8550 MCGUIRE CIRCLE RIVERVIEW ESTATES $2,720.39 $4,597.48 SHAKOPEE MN 55379 27-053002-0 TERRY W&CAROL A KANITZ LOT 2 BLK 1 1 $1,877.09 0.5 8563 MCGUIRE CIR RIVERVIEW ESTATES $2,720.39 $4,597.48 SHAKOPEE MN 55379 27-053003-0 JEFFREY W&PARIS L SOLBERG LOT 3 BLK 1 1 $1,877.09 0.5 $2,720.39 8569 MCGUIRE CIRCLE RIVERVIEW ESTATES $4,597.48 SHAKOPEE MN 55379 27-053004-0 DENNIS A&JEANETTE VIX LOT 4 BLK 1 1 $1,877.09 0.5 $2,720.39 8575 MCGUIRE CIRCLE RIVERVIEW ESTATES $4,597.48 SHAKOPEE MN 55379 27-053005-0 LARRY H&CHARLOTTE POST LOT 5 BLK 1 1 $1,877.09 0.5 8579 MCGUIRE CIRCLE RIVERVIEW ESTATES $2,720.39 $4,597.48 SHAKOPEE MN 55379 27-053006-0 ROBERT E&NANCY WETHERILLE LOT 6 BLK 1 1 $1,877.09 0.5 8583 MCGUIRE COURT RIVERVIEW ESTATES $2,720.39 $4,597.48 SHAKOPEE MN 55379 27-053008-0 TOMMY&SUSAN C JOHNSON LOT 8 BLK 1 1 $1,877.09 0.5 $2,720.39 8621 MCGUIRE CT RIVERVIEW ESTATES $4,597.48 SHAKOPEE MN 55379 27-053011-0 JOHN E&CAROLYN MIKKONEN LOT 11 BLK 1 1 $1,877.09 0.5 $2,720.39 8673 MCGUIRE CT RIVERVIEW ESTATES $4,597.48 SHAKOPEE MN 55379 27-053012-0 BRADLEY D&STACY A SHRADER LOT 12 BLK 1 1 $1,877.09 0.5 8711 MCGUIRE COURT RIVERVIEW ESTATES $2,720.39 $4,597.48 SHAKOPEE MN 55379 27-053013-0 BRUCE A BROWN LOT 13 BLK 1 1 $1,877.09 0.5 $2,720.39 8730 MCGUIRE CT E RIVERVIEW ESTATES $4,597.48 SHAKOPEE MN 55379 27-053014-0 LADONNA M CLEVELAND LOT 14 BLK 1 1 $1,877.09 0.5 8624 MCGUIRE COURT RIVERVIEW ESTATES $2,720.39 $4,597.48 SHAKOPEE MN 55379 27-053015-0 DAVID L&KIMBERLY A MARRONE LOT 15 BLK 1 1 $1,877.09 0.5 $2,720.39 $4,597.48 8574 MCQUIRE CT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-913055-0 DOUGLAS E THEIS SECT-13 TWP-115 RNG-022 1 1 $5,440.78 2134 MUHLENHARDT ROAD 3 115 22 5.64 BEG PT 1099 $5,440.78 SHAKOPEE MN 55379 .8'E OF SW COR.SE 218.2 'NW 1139.27'TO CL RD 16 SW 218.19 SE 1111.03 TO BEG INE 1/2 SE 1/4 27-062038-0 CITY OF SHAKOPEE PARK 1 PLAT 27062 1 $5,440.78 $5,440.72 CITY ADMINSTRATOR HORIZON HEIGHTS 129 HOLMES ST S 27-146010-0 STEVEN D MUHLENHARDT LOT 10 BLK 1 7556 EAGLE CREEK BLVD HORIZON HEIGHTS 4TH ADD. 1 $5,440.78 $5,440.78 SHAKOPEE MN 55379 27-146011-0 MARY JO ECKERT LOT 11 BLK 1 1 $5,440.78 $5,440.78 18120 82 ST W HORIZON HEIGHTS 4TH ADD. EDEN PRAIRE MN 55347 27-062017-0 GREGORY&PEGGY HANNINEN LOT 14 BLK 2 0.5 $2,720.39 $2,720.39 2263 HORIZON CIRCLE HORIZON HEIGHTS SHAKOPEE MN 55379 27-062018-0 THOMAS E&MARY N BRODERSEN LOT 15 BLK 2 0.5 $2,720.39 $2,720.39 2325 HORIZON CIRCLE HORIZON HEIGHTS SHAKOPEE MN 55379 27-062019-0 THOMAS E&MARY N BRODERSEN LOT 16 BLK 2 0.5 $2,720.39 $2,720.39 2325 HORIZON CIRCLE HORIZON HEIGHTS SHAKOPEE MN 55379 27-062020-0 WILLIAM V&JODIE E LEASURE LOT 17 BLK 2 0.5 $2,720.39 $2,720.39 2375 HORIZON CIR HORIZON HEIGHTS SHAKOPEE MN 55379 TOTAL LOTS_> 12 12 TOTAL ASSESSED=> $22,525.08 $65,289.30 To: Mayor and City Council Members 3 August 1999 Re: Assessments,Access Rational,Abutting Properties, &Maintenance of McGuire Circle&McGuire Court and 2/3rds of Muhlenhardt Road(.4 Mile) Council directed to add Lots 14, 15, 16,& 17 in Horizon Heights to the Muhlenhardt blacktopping project because the four lots abut Muhlenhardt Road and by blacktopping the road,the lots would benefit because the value of these properties/homes would rise. Is this not.also the same situation of the four lots(Lots 15, 1,2,&3)in Riverview Estates? which also abut Muhlenhardt Road? And also for the Theis property which runs the equivalent of the fourlots_or 1/2-the length"-of Muhlenhardt Road on the west side to be blacktopped? Does not the Theis property and the four abutting lots in Riverview Estates receive greater benefit than the eight land locked lots in Riverview Estates? If the value of these properties which border Muhlenhardt Road would rise because they are on the road to be blacktopped would not then the assessments be greater? An example:the assessment of Lots 4, 5, 12, 13 in Riverview Estates(above the$1,976 assessment of McGuire Circle/Court)is$2,705 additional for Muhlenhardt Road and so it is the same for Lots 15, 1,2, &3 in Riverview Estates.An assessment of$5,410 for the Theis property seems not quite in proportion since runs 2/10t of a mile or the same length of four lots on the east side of Muhlenhardt Road and almost equal to the four lots in Horizon Heights which are to be assessed. Looking at the whole blacktopping project of both McGuire Circle&Court and Muhlenhardt Road,the cost to any lot in Riverview Estates is a total of $4,681. ($1,975.82 +$2,705.41). The total cost to the Theis property is$5,411 which is$730 greater than any of the lots in Riverview. I believe the value of the Theis property willbenefit greater than$730 over any of the lots in Riverview because it abuts Muhlenhardt Road by 1,139 feet.This almost three times Lot 3 at about 380 feet. In the 1992 Feasiblity Report,Attachment No. 11,the maintenance of Muhlenhardt Road it stated the additional costs...above and beyond... normal costs of other gravel roads were a total of$13,300-$16,300. Normal cost was stated at$4,000 and with the average of$14,800 above and beyond cost,the cities cost per year runs at an average of$19,000 per year. But in the 1999 Feasibility Report,page A13,it states the maintenance costs at$4,742 for 1997 and$3,445 for 1998 or an average cost of$4,100 per year. The two feasibility reports contradict each other andthis adds up to a 475%discrepancy with in a six year period from$19,000 average per year in 1992 to a$4,100 average per year in 1999. Bottom line in terms of maintenance to the city,it would be$15,000 less$2,000=$13,000 or 20 Years a$13,000/year=$260,000 and not the amount of$60,000 as stated on page A13. Perhaps the city has more to save than what meets the eye in the 1999 report and in turn can assume a greater role in the assessments:because it is a city street used by more than just the residents of Horizon.Heights and Riverview-Estates.We all use a different city street to get the the street which leads to our driveways. � Sincerely, LL-14a SHAKOPEE November 16, 1999 Mayor and City Council City of Shakopee 129 Holmes St. So. 9:/9; Shakopee,MN 55379 Re: 1999-2 McGuire Circle, McGuire Court and Muhlenhardt Road Improvement Project Parcel No. 27-053005-0 owned by Larry H& Charlotte Post I received a voice mail message from Charlotte Post on Friday,November 12, 1999, at 8:04 a.m. She advised me that she was leaving town and would not be able to attend the public hearing Tuesday night. She advised that she had dropped off at city hall five letters for the Mayor and City Council and asked that I make sure that they get distributed. I received this message on Monday morning,November 15th, as I was not in the office on Friday. I have been unable to locate the letters. In acknowledgment of Ms. Post's voice message, this is to advise the City Council of her objections to the proposed assessments and her intent to appeal her assessment. Sincerely, d. 7)2c J ith S. Cox ity Clerk COMMUNITY PRIDE SINCE 1857 129 Holmes Street South. Shakopee,Minnesota. 55379-1351 • 612-445-3650 • FAX 612-445-6718 9 3, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for 17th Avenue, from 1/4 Mile West of CSAH 17 to CSAH 17, Project No. 1998-4 DATE: November 16, 1999 INTRODUCTION: Attached is Resolution No. 5271, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed except for minor punch list items and all project costs identified. The final costs are $585,340.88, which consists of construction costs, right-of-way costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Cost $529,935.78 Assessments City Street Oversizing $ 47,607.94 State Aid Fund/Capital and Trail Cost Improvement Fund SPUC Water Oversizing $ 7,797.16 Trunk Watermain Funds TOTAL PROJECT COSTS $585,340.88 Included in this project were street improvements including lateral storm sewer, concrete sidewalk, bituminous trail, street lighting along with watermain, sanitary sewer and trunk storm sewer to serve property along 17th Avenue. The mailed notices were sent out based on an assessment amount of$537,291.53. Staff has discovered an error in the calculations in which the street extra depth costs for the pavement section was not deducted from the assessments. Staff has corrected this error and has revised the assessment calculations. Also, SPUC's staff has requested that the trunk watermain charge be added for certain parcels as part of the watermain assessments. In summary, the assessed amount decreased by $7,355.75 and the City's street oversizing costs increased by that amount. The City's policy has been to send an assessment notice to all property owners after the assessment has been adopted, the property owners will be made aware of their new assessment amount which will be less than previously indicated. The City's costs within this project is for the street oversizing and bituminous trail. The remainder of the project costs were assessed to properties benefiting from the improvements. Staff will make a presentation on the project costs and assessments at the public hearing. Attached to the memo are assessment appeal letters that have been received to date. ALTERNATIVES: 1. Adopt Resolution No. 5271. 2. Deny Resolution No. 5271. 3. Table Resolution No. 5271. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5271 , A Resolution Adopting Assessments for 17th Avenue, from 1/4 Mile West of County State Aid Highway 17 to County State Aid Highway 17, Project No. 1998-4 and move its adoption. :nice Loney Public Works D erector BL/pmp MEM5271 V 1999 1 November, 1999 CJ r°'ryr C.) To: Shakopee City Council 129 Holmes Street South Shakopee,Minnesota 55379 Subject: Letter of proposed assessments for said improvements dated 19 October 1999. Those properties lying within the NE 'A Section 18, Township 115, Range 22; and the N '/ of NW%4 Section 18,Township 115,Range 22 and that part of the S ''A Section 7,Township 115, Range 22, lying South of Highway 169 and West of Marschall road(County Road 17). Total cost assessment proposed : $537,291.53. As a property owner I am appealing this assessment. Prior to the November 16t meeting, I would like to know how these figures were derived, and secondly, what portion of improvements listed in paragraph 2 pertain to me? (I.E. is this sewer and water only, or for all said improvements, including improvements that are not adjacent to my property?) In April of 1998, during a feasibility report meeting, I was informed the assessments could be applied to property taxes over a 10 year period,without interest charges. Your st correspondence is in conflict with the April 1998 meeting. Gail E. Hall Parcel Number 27-918005-0 Ica TT NU V U ti 1999 1 November, 1999 8y W To: Shakopee City Council 129 Holmes Street South Shakopee,Minnesota 55379 Subject: Letter of proposed assessments for said improvements dated 19 October 1999. Those properties lying within the NE '/4 Section 18, Township 115, Range 22; and the N 1/2 of NW %4 Section 18,Township 115,Range 22 and that part of the S 1/2 Section 7,Township 115, Range 22,lying South of Highway 169 and West of Marschall road(County Road 17).Total cost assessment proposed : $537,291.53. As a property owner we are appealing this assessment. Prior to the November 16`h meeting,we would like to know how these figures were derived, and secondly, what portion of improvements listed in paragraph 2 pertain to us? (LE. is this sewer and water only, or for all said improvements, including improvements that are not adjacent to our properties?) In April of 1998, during a feasibility report meeting,we were informed the assessments could be applied to property taxes over a 10 year period,without interest charges. Your latest correspondence is in conflict with the April 1998 meeting. 0 Lance and Janet Nemanic Parcel Number 27-918004-0 1 November, 1999 IYy To: Shakopee City Council 129 Holmes Street South Shakopee,Minnesota 55379 Subject: Letter of proposed assessments for said improvements dated 19 October 1999. Those properties lying within the NE % Section 18, Township 115, Range 22; and the N %2 of NW%4 Section 18,Township 115, Range 22 and that part of the S 1/2 Section 7,Township 115, Range 22, lying South of Highway 169 and West of Marschall road(County Road 17). Total cost assessment proposed : $537,291.53. As a property owner we are appealing this assessment. Prior to the November 16th meeting,we would like to know how these figures were derived, and secondly, what portion of improvements listed in paragraph 2 pertain to us? (LE. is this sewer and water only,or for all said improvements, including improvements that are not adjacent to our properties?) In April of 1998, during a feasibility report meeting,we were informed the assessments could be applied to property taxes over a 10 year period,without interest charges. Your latest correspondence is in conflict with the April 1998 meeting. Jeff and Karen Cook Parcel Number 27-918002-0 November 2, 1999 Judith S. Cox City Clerk 129 Holmes Street South Shakopee, MN 55379-1351 Dear Ms. Cox: I object to the proposed assessment on Parcel Number 27-258024-0 for Project Number 1998-4. I know that traffic lights and left turn lanes need to be installed at the intersection of 17th Avenue and Marschall Road. I assume that the other improvements listed in your letter (see enclosed) also need to be done. Nevertheless, I do not believe that I should be required to pay for this work. I have lived in my townhome for less than one year. I paid a large sum for my brand-new home and frankly had no idea that within a year I would be asked to pay for streets and sewers and such out of my own pocket Such expenses should be paid by the developers and businesses—Pulte Homes,K-Mart, Target, Cub Foods, the Hospital—that are turning a profit on the land. Sincerely, Paul H. Hooverson 1393 Highpoint Curve Shakopee, MN 55379-4321 (612) 496-0632 NOV 41999 CITY OF SHAKOPEE RESOLUTION NO. 5271 A Resolution Adopting Assessments For 17th Avenue, From 1/4 Mile West Of County State Aid Highway 17 To County State Aid Highway 17 Project No. 1998-4 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 17th Avenue, from 1/4 mile west of County State Aid Highway 17 to County State Aid Highway 17 by installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2000 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk 4 FINAL ASSESSMENT ROLL FOR 177H AVENUE WEST: CITY PROJECT NO. 1998-4 October 1999 • BENG\ASSEMENTASSEMENT CITY_PROJ 1998-4_17TH WESTAls PID# Owner Legal Description Total Property Assessment 27-194001-0 ST FRANCIS REGIONAL MED CTR LOT 1 BLK 1 1455 ST FRANCIS AV ST FRANCIS MEDICAL CAMPUS $ 59,578.45 SHAKOPEE MN 55379 27-246001-0 ELDON T&LILA J GREENWOOD LOT 1 BLK 1 1674 MARSCHALL RD S WESTON PONDS $ 104,705.90 SHAKOPEE MN 55379 27-249001-0 PULTE HOMES OF MINNESOTA LOT 1 BLK 1 SUITE 300 WESTON PONDS 2ND ADDN $ 6,958.87 MENDOTA HEIGHTS MN 55120 27-249009-0 PULTE HOMES OF MINNESOTA LOT 9 BLK 1 sun 300 CIC 1056 WESTON PONDS COURTHOM $ 6,958.87 MENDOTA HEIGHTS MN 55120 27-258009-0 CHRISTY LYNN WOSMEK LOT UNT BLK 9 1728 CRESTVIEW ST C1C 1056 WESTON PONDS COURTHOM $ 1,159.81 SHAKOPEE MN 55379 27-258010.0 BETH A FRIENDSHUH LOT UNT BLK 10 — 1734 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM $ 1,159.81 SHAKOPEE MN 55379 27-258011-0 GERALD J&KRISTINE SCHWIENTEK LOT UNT BLK 11 1740 CRESTVIEW ST $ 1,159.81 CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258012-0 NATHANIEL T STADLER LOT UNT BLK 12 1731 WESTON LN CIC 1056 WESTON PONDS COURTHOM $ 1,159.81 SHAKOPEE MN 55379 27-258013-0 ROBERT&JILL THIELEN LOT LINT BLK 13 1727 WESTON LN CIC 1056 WESTON PONDS COURTHOM $ 1,159.81 SHAKOPEE MN 55379 27-258014-0 JEREMY J&JENNIFER L HERRMANN LOT UNT BLK 14 1723 WESTON LANE CIC 1056 WESTON PONDS COURTHOM $ 1,159.81 SHAKOPEE MN 55379 27-258015-0 GLORIANN G FENSKE LOT UNT BLK 15 1704 CRESTEW ST CIC 1056 WESTON PONDS COURTHOM $ 869.86 VI SHAKOPEE MN 55379 27-258016-0 CLINTON P BALFANZ LOT TINT BLK 16 1710 CREST-VIEW ST $ 869.86 CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258017-0 ELSIE MAE NELSON LOT UNT BLK 17 1716 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM $ 869.86 SHAKOPEE MN 55379 27-258018-0 ANDREW S&LYNNEA D OMAN LOT UNT BLK 18 1722 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM $ 869.86 SHAKOPEE MN 55379 27-258019-0 JAY NICHOLAS 'LOT UNT BLK 19 $ 869.86 I 1719 WESTON LN CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258020-0 HEMI MARIE BARGMANN LOT LINT BLK 20 1715 WESTON LN $ 869.86 CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 FINAL ASSESSMENT ROLL FOR 17THAVENUE WEST: CITY PROJECT NO. 1998-4 October 1999 LIENGWSSEMENTIASSEMENT CITY PROD 1998-1 17TH WESTxls PID# Owner Legal Description Total Property Assessment 27-258021-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 21 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258022-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 22 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258023-0 MARSHALL C&JOANNE M JOHNSON LOT UNT BLK 23 $ 869.86 1397 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258024-0 PAUL HAROLD HOOVERSON LOT UNT BLK 24 $ 869.86 1393 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258025-0 LEAH ADAMS LOT UNT BLK 25 $ 869.86 1389 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258026-0 KRISTEN E RITTER LOT UNT BLK 26 $ 869.86 1385 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258027-0 DORRI L BRUNS LOT UNT BLK 27 $ 869.86 1721 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258028-0 LISA EVANS LOT UNT BLK 28 $ 869.86 1715 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258029-0 JUSTIN L&ALLISON E NEWMAN LOT UNT BLK 29 $ 869.86 1709 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258030-0 PETER CLOUGH LOT UNT BLK 30 $ 869.86 1703 CRESTVIEW ST CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258031-0 ROBERT J&BARBARA A LILL LOT UNT BLK 31 $ 1,159.81 1399 ELMWOOD AVE CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258032-0 HEATHER RAE WANG LOT UNT BLK 32 $ 1,159.81 1395 ELMWOOD AVE CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258033-0 JASON J PAULZINE LOT UNI BLK 33 $ 1,159.81 1391 ELMWOOD AVE CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258034-0 KEVIN STUMM LOT UNT BLK 34 $ 1,159.81 1390 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258035-0 JANICE K BAILEY LOT UNT BLK 35 $ 1,159.81 1394 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258036-0 SCOTT T CRONIN LOT UNT BLK 36 $ 1,159.81 1398 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 FINAL ASSESSMENT ROLL FOR 17TH AVENUE WEST: CITY PROJECT NO. 1998-4 October 1999 L\ENG\ASSEMENTASSEMENT CITY PROD 1998-4 17TH WESTxls PID# Owner Legal Description Total Property Assessment 27-258037-0 MARY K MECH LOT UNT BLK 37 $ 869.86 1388 ELMWOOD AVE CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258038-0 CHRISTINA J MILLER LOT UNT BLK 38 $ 869.86 1390 ELMWOOD AE CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258039-0 TRAVIS E FREMMING& LOT UNT BLK 39 $ 869.86 1394 ELMWOOD AVE CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258040.0 AUTUMN M CHRISTENSEN LOT UNT BLK 40 $ 869.86 1398 ELMWOOD AV C1C 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258041-0 LYNN M RICHARDSON LOT UNT BLK 41 $ 869.86 1386 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258042-0 KEVIN F VRIEZE LOT UNT BLK 42 $ 869.86 1384 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258043-0 DEANNA MARIE PETERSON LOT UNT BLK 43 $ 869.86 1382 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258044-0 RENAE M PILLE LOT UNT BLK 44 $ 869.86 1380 HIGHPOINT CU CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258045-0 RICHARD D MCCRACKEN LOT UNT BLK 45 $ 869.86 1364 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258046-0 JERROD NELSON LOT UNT BLK 46 $ 869.86 1368 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258047-0 CAROLE A GOLLA LOT UNT BLK 47 $ 869.86 1372 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258048-0 DENNIS M OLSON LOT UNT BLK 48 $ 869.86 1376 HIGHPOINT CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258049-0 LIZABETH JO LUNDIN LOT LINT BLK 49 $ 869.86 1377IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258050-0 DERON K&ANGELA J LEWIS LOT UNT BLK 50 $ 869.86 1373IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258051-0 RONELLE L MEHLHOFF LOT UNT BLK 51 $ 869.86 1369 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE SHAKOPEE MN 55379 27-258052-0 LYNAE M FRANZ LAT UNT BLK 52 $ 869.86 1365 IDLEWOOD WAY C1C 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 FINAL ASSESSMENT ROLL FOR 17THAVENUE WEST: CITY PROJECT NO. 1998-4 October 1999 I\ENGIASSEMENTIASSEMENT CITY PROD 1998.4 17TH WESTxds PID# Owner Legal Description Total Property Assessment 27-258053-0 JAMES L&WANDA M CARPENTER LOT UNI BLK 53 $ 1,739.71 1382 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258054-0 JULIE COLLINS LOT UNT BLK 54 $ 1,739.71 1386 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258055-0 LINDA M JOLITZ LOT UNI BLK 55 $ 1,739.71 1378 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258056-0 DOUGLAS D&SHARON B DONOVAN LOT LINT BLK 56 $ 1,739.71 1374 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258057-0 MATTHEW J FEYEN LOT UNI BLK 57 $ 869.86 1358 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258058-0 MICHAEL B&JULEE M GESSINGER LOT UNI BLK 58 $ 869.86 1362IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258059-0 JODI RAE NORLING LOT UNT BLK 59 $ 869.86 1366 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258060-0 MARIE E PETERSON LOT UNT BLK 60 $ 869.86 1370 IDLEWOOD WAY CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258061-0 KRISTIN L GERSICH LOT UNT BLK 61 $ 869.86 1360 HIGHPOINTE CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258062-0 JENNIFER B PETERSON LOT UNT BLK 62 $ 869.86 1356 HIGHPOINTE CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258063-0 MICHAEL H&VICKI A BUESGENS LOT UNT BLK 63 $ 869.86 1352 HIGHPOINTE CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258064-0 PATRICK D DROWN LOT UNT BLK 64 $ 869.86 1348 HIGHPOINTE CUR CIC 1056 WESTON PONDS COURTHOM SHAKOPEE MN 55379 27-258065-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 65 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258066-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 66 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258067-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 67 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258068-0 PULTE HOMES OF MINNESOTA LOT LINT BLK 68 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258069-0 PULTE HOMES OF MINNESOTA LOT UNI BLK 69 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 FINAL ASSESSMENT ROLL FOR 17THAVENUE WEST: CITY PROJECT NO. 1998-4 October 1999 I\ENG\ASSEMENTASSEMENT CITY PROJ_1998-4_17TH WESTxJs PID# Owner Legal Description Total Property Assessment 27-258070-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 70 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258071-0 PULTE HOMES OF MINNESOTA LOT UNT ELK 71 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258072-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 72 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258073-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 73 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258074-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 74 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258075-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 75 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258076-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 76 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258077-0 PULTE HOMES OF MINNESOTA LOT LINT BLK 77 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258078-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 78 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-258079-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 79 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTAFIEIGHTS MN 55120 27-258080-0 PULTE HOMES OF MINNESOTA LOT UNT BLK 80 $ 869.86 SUITE 300 CIC 1056 WESTON PONDS COURTHOM MENDOTA HEIGHTS MN 55120 27-275001-0 PULTE HOMES OF MINNESOTA LOT 1 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275002-0 PULTE HOMES OF MINNESOTA LOT 2 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275003-0 PULTE HOMES OF MINNESOTA LOT 3 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275004 0 PULTE HOMES OF MINNESOTA LOT 4 ELK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 FINAL ASSESSMENT ROLL FOR 17TH AVENUE WEST: CITY PROJECT NO. 1998-4 October 1999 I.\ENG\ASSE[vtENTTASSEMENT_CITY_PROJ 1998-4 17TH_WESTxis PID# Owner Legal Description Total Property Assessment 27-275005-0 PULTE HOMES OF MINNESOTA LOT 5 BLK I $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275006-0 PULTE HOMES OF MINNESOTA LOT 6 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275007-0 PULTE HOMES OF MINNESOTA LOT 7 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275008-0 PULTE HOMES OF MINNESOTA LOT 8 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-275009-0 PULTE HOMES OF MINNESOTA LOT 9 BLK 1 $ 7,368.71 SUITE 300 WESTON PONDS 3RD ADDN MENDOTA HEIGHTS MN 55120 27-907012-0 CALVIN R CHADWICK SECT-07 TWP-I 15 RNG-022 SW1/4 SE1/4 $ 27,789.77 13755 CREST AVE NE LYING S OF PARCEL 57B,MN DOT PLAT 70-5 PRIOR LAID;MN 55372 27-918001-1 CALVIN R CHADWICK SECT-18 TWP-115 RNG-022 $ 150,884.69 13755 CREST AVE NE 10 ACNW1/4NWl/4NEI/4 PRIOR LAKE MN 55372 27-918002-0 JEFFREY W&KAREN L COOK SECT-18 TWP-115 RNG-022 $ 5,090.78 1772 MARSCHALL ROAD .51 P/O NW 1/4 NEI/4 BEG SHAKOPEE MN 55379 INTERSCT S LINE&CL OF 17,W 216.5',N 120',E 216.5',S 120'.TO BEG EX.05A RD 27-918003-0 ANTHONY&SHAUNTANE KERVAIA SECT-18 TWP-115 RNG-022 $ 4,306.06 1752 MARSCHALL RD .46 P/O NW I/4 NE1/4 COM 120'N SHAKOPEE MN 55379 OF CL OF CORD 17&S LINE OF NWI/4 NE1/4,N 100',W 216.5',S 100',E 216.5'TO POB.EX.04A ROAD 27-918004-0 LANCE M&JANET L NEMANIC SECT-18 TWP-115 RNG-022 $ 4,306.06 1712 MARSCHALL RDS .461/2 A 100X SHAKOPEE MN 55379 216.5'IN NW 1/4 NEI/4 EX.04A RD 27-918005-0 DONALD E&GAIL E HALL SECT-18 TWP-115 RNG-022.46A $ 4,306.06 1732 MARSCHALL RD PARCEL 100'X 216.5'IN SHAKOPEE MN 55379 NWI/4 NE1/4 EX.04 HWY 27-918011-4 BETAShhV INC SECT-18 TWP-115 RNG-022 39.66' 1788 MARSCHALL ROAD P/O NW1/4 SE1/4&P/O SW1/4 NE $ 11,862.33 SHAKOPEE MN 55379 1/4 COM 1342.6'W OF NE CORNEI/4,S 2231',E 12.49 TO POB,W 647.13',S TO S LINES 460.05,W TO W LINE,N TO NW COR SW1/4 NE1/4,E 1019.71,S 170,E TOE LINE, S TO BEG.EX.34A RD 27-918012-0 ROBERT L&LOYOLA A MARSHALL SECT-I8 TWP-115 RNG-022 1 $ 7,280.62 1766 MARSCHALL RDS 8 115 22.93 1 A TRACT IN SHAKOPEE MN 55379 SW1/4 NEI/4 EX IA ROAD TOTALS $ 529,935.78 9. c, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for the 1999 Street Overlay (11th Avenue, from CSAR 17 to Merrifield Street) and Block 6 Alley Reconstruction, Project No. 1999-6 DATE: November 16, 1999 INTRODUCTION: Attached is Resolution No. 5273, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed except for minor punch list items and all project costs identified. The final costs are $56,756.61, which consists of construction costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE 11th Avenue Overlay $11,244.60 Assessments City Cost $33,733.80 Tax Levy Block 6 Alley Cost $ 2,944.56 Assessments City Cost $ 8,833.65 Tax Levy TOTAL PROJECT COSTS $56,756.61 The project improvements were for bituminous pavement on 11th Avenue adjacent to the Shakopee Junior High and Block 6 alley adjacent to Levee Drive Apartments. In both projects,per City policy and the feasibility report, the City's participation is 75% of the project costs and to assess the remaining 25%project costs. Staff will make a presentation on the project costs and assessments at the public hearing. ALTERNATIVES: 1. Adopt Resolution No. 5273. 2. Deny Resolution No. 5273. 3. Table Resolution No. 5273. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5273 , A Resolution Adopting Assessments for the 1999 Street Overlay(11th Avenue, from County State Aid Highway 17 to Merrifield Street) and Block 6 Alley Reconstruction, Project No. 1999-6 and move its adoption. 6/1/00 Bruce Loney Public Works Director BL/pmp MEM5273 RESOLUTION NO. 5273 A Resolution Adopting Assessments For the 1999 Street Overlay(11th Avenue, From County State Aid Highway To Merrifield Street) And Block 6 Alley Reconstruction Project No. 1999-6 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 11th Avenue, from County State Aid Highway 17 to Merrifield Street by bituminous overlay and to improve Block 6 Alley by reconstruction of existing bituminous pavement and all other appurtenant work NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 8.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2000 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk 1999 11TH AVE OVERLAY AND BLOCK 6 ALLEY RECONSTRUCTION FINAL ASSESSMENT ROLL 11/8/99 LRO FRONT FOOT STREET ASSESSMENT PID# OWNER (LF) $ 11TH AVENUE OVERLAY 27-907-007-0 ISD 720 1293 $ 10,907.26 505 HOLMES ST. S. 27-065-001-0 DUANE KRAUTKREMER 40 $ 337.34 1641 HILLSIDE DR TOTAL 1333 $ 11,244.60 BLOCK 6 ALLEY RECONSTRUCTION 27-001-068-0 DAVE DENISON 60 $ 294.45 239 1ST AVE W 27-001-069-0 MARY LOUISE SINNEN 60 $ 294.46 229 1ST AVE W 27-001-070-0 LEONEL SOTELO 60 $ 294.46 221 1ST AVE W 27-001-072-0 MNDOT 120 $ 588.91 K F RASMUSSEN 27-001-075-0 200 LEVEE DRIVE ASSOC 300 $ 1,472.28 32 10TH AVE S#205 TOTAL 600 $ 2,944.56 TOTAL ASSESSMENT $ 14,189.16 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting November 16, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) 4 Approval of Minutes: 4. Financial A.) 4 Approval of Bills 5. Public Hearing: A.) Adoption of a Business Subsidy Policy-Resolution No. 99.- 6. �( 6. Other Business: 7. Adjourn edagenda.doc 0 CITY OF SHAROPEE ONSEN Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: November 10, 1999 Introduction Attached is a listing of bills for the EDA for the period 10/29/99 to 11/10/99 . Action Requested Move to approve bills in the amount of $2, 674 . 95 for the EDA General Fund and $31 . 25 for Seagate (code 9450) . H I 0 0 0 0 0 0 o O o 0 o O o 11 0 0 0 0 0 0 0 0 0 0 0 0 O II 41 I 0 0 0 0 0 0 0 0 0 0 0 0 0 II w I U 1 I t0 01 H 01 O U) U) Ill U) U) U) U) 0 1 I H U) H d1 t0 01 01 01 N N N N N I H I • • • • H 1 01 H 01 M H err dN vil H H H H W I CO 1 H W H 0) 01 t• r••• C.. M M M m o1 CA W IN N N N N I Q I I El w rJ) II x nidi II 00000 0 1 I I H I t0 H O t` N Ut Cl) I V U) r t0 dr u) I N t` t` N H N W I N N N N w 0 0 0 0 0 01 HC4 I 00000) 0 a Vl H Ul W rai cnz ac 00 Z0 H � -. H Ho41Z0 cia HalZI-1z W 4 W O H H W xwxzH w [xlOaHZ 0 o• aaaa a cci • WE-. W W Q ✓ q En 0 z xx2 ° H W a00Ul w 0• 0 HH., U � HUUlC d. A N W H H WQW3Z W co W H U OW Ex Z Z W U Cca W H A l dI)H • co H (Q KC 0 q 0) H N H 'z., M t0 H CO N H W W H CO CO 0 U) CO > N H U) U) N H H 01 M N W 0) N U) N H H U) U U) Ul %0 10 to VI W M M M M M M Z O 1/40 W W 10 t0 W U Z 00000 0 01 01 01 01 01 01 01 0) 01 01 01 01 01 01 01 01 01 01 H H H H H H 01 01 01 01 01 O1 W O O O O O O H ��� . 4 H H H H H H A HH HH H H * * * * * H m O 0 01 01 H U) 0 U) * H H H T 0 di * 0 z Zo Z 0 4.r, O 0 H 0 0 H 0 H 132 H H N U) U) 1 to W H 0 H W H 0 CVIn 00 H W d' 0 > W 0 O a H 0 0 a H 0 H El O HH HHH a Q 44 01 01 01 01 01 LO n Pi 00000 O 0 0 W ix.0 O 0 9 W W `' cd H HHHHH 0 0 ,.7 0 H * A HHHHH i H rC * * HHHH * Hlc 4.* it. H ' HH * sr 0 * * CITY OF SHAKOPEE IA5) Memorandum TO: Mayor and City Council Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: City Council Res.No. 5277 ,Adopting a Business Subsidy Policy EDA Res. No. 99-4 ,Adopting a Business Subsidy Policy MEETING DATE: November 16, 1999 Introduction & Background: City Council and EDA are asked to: • Hold a joint public hearing regarding adoption of a Business Subsidy Policy. • Upon close of the public hearing, each body adopt the proposed Business Subsidy Policy. The City Council and EDA (in fact, all local government agencies) must adopt a "business subsidy policy" per mandate by the Business Subsidies Act, Minnesota Statutes, Sections 1161993 through 116J.995. The 1999 Minnesota Legislature enacted this new law regulating business subsidies awarded on or after August 1, 1999. The new law repeals its predecessor Minn. Stat. 116J.991, and introduces new operating and reporting requirements. Discussion The enclosed "Summary of 1999 Business Subsidies Act" from city attorney Steve Bubul and copy of the new law, Exhibit A, outline the law as it applies to local governments. The business subsidy policy is intended to cover all "subsidies"as defined in the new law. Staff and counsel have drafted a Business Subsidy Policy, Exhibit B, for your consideration and adoption at the November 16th Council and EDA meetings. Action Required 1. Hold a joint public hearing regarding adoption of a Business Subsidy Policy. 2. Upon close of the public hearing, each body offer and pass a motion to adopt the proposed Business Subsidy Policy. subsdmo2.doc (xrn ,7-,4 SUMMARY OF 1999 BUSINESS SUBSIDY ACT In Article 12 of the omnibus tax bill (Ch. 243, H.F. 2420), the legislature repealed existing Section 116J.991 and enacted new rules governing all business subsidies granted by state and local government. The following rules apply: a. Definitions. The statute applies to all "business subsidies," which are defined to include a grant, contribution of property or infrastructure, the principal amount of a loan at rates below those commercially available, reduction or deferral of any tax or fee, any guarantee of any payment of any loan, lease, obligation, or any preferential use of governmental facilities. Numerous items expressly are expressly excluded from the definition, including: • subsidies of less than $25,000 • assistance generally available to all business or to a general class of similar businesses • public improvements to building or land owned by the state or local government that do not principally benefit a single business or defined group of businesses at the time the improvement is made. • Redevelopment property polluted by contaminants • Assistance for the sole purpose of renovating old or decaying buildings, if the assistance is no more than 50% of the total cost. • Assistance for housing • Assistance for pollution control or abatement • Industrial development revenue bonds • Assistance for a soils condition TIF District • Redevelopment when the recipient's investment in the purchase of the site and in site preparation is at least 70% of the assessor's current year's estimated market value. (This list is not comprehensive; refer to the statute for the complete list of exclusions) In addition, non-profit entities are not defined as "recipients" of a business subsidy unless they have at least 100 full-time equivalent positions with a ratio of highest to lowest paid employee that exceeds 10 to 1. The "benefit date" for a business subsidy is when financed equipment is placed in service, or in the case of improvements to property, when the improvements are finished for the entire project or when the business occupies the property, whichever is earlier. b. Regulation of Subsidies. Generally. All business subsidies (as defined in the statute) must meet a public purpose other than increasing tax base. Job retention is a public purpose only where job loss is imminent and demonstrable. Before granting any subsidy, a grantor must have adopted • criteria for awarding business subsidies at a public hearing. The criteria must include a policy regarding wages. Subsidy Agreement. The grantor and recipient must enter a subsidy agreement that includes: • A description of the subsidy • A statement of the public purpose • Goals for the subsidy • Description of the financial obligation of the recipient if the goals are not met • A statement of why the subsidy is needed • A commitment to continue operations at the site for at least five years after the benefit date. • Name and address of the parent corporation of the recipient, if any, and • A list of all financial assistance by all grantors for the project. Grants must be structured as forgivable loans. If a business subsidy is not structured as a forgivable loan, the agreement must state the fair market value of the subsidy. The agreement must be approved by the local elected governing body, which means any assistance provided by an HRA or EDA requires approval by the corresponding city council. (The St. Paul Port Authority and any seaway port authority are exempt from this requirement.) Wage and Job Goals. The subsidy agreement must include (1)goals for the number of jobs created, or jobs retained in cases where job loss is imminent and demonstrable, and (2) wage goals for the jobs created or retained. The goals must contain specific targets to be attained within 2 years of the benefit date. Public Hearing. A public hearing with 10 days published notice is required for any state business subsidy over$500,000, and any local government subsidy over$100,000. Remedies. The subsidy agreement must, at a minimum, require the recipient failing to meet the stated goals to repay the assistance plus interest at a defined statutory rate, except that repayment may be prorated to reflect partial fulfillment of goals. After public hearing, the grantor may extend for up to one year the period for meeting the goals. A recipient that fails to meet the terms of a subsidy agreement may not received a business subsidy from any grantor for five years from the date of failure, or until the recipient satisfies its repayment obligation, whichever occurs first. c. Reporting. By Recipients. Recipients must file detailed reports to the grantor for 2 years after the benefit date or until the goals are met, whichever is later. The reporting forms will be developed by the department of trade and economic development, but will include information set forth in the statute. The reports musts be filed with the grantor by March 1 of each year for the previous year, and within 30 days after the deadline for meeting job • and wage goals. SJB-165385 2 SH235-1 Financial assistance for pollution clean up, building renovation, and soils condition TIF districts (which are all excluded from the definition of a business subsidy) are nevertheless subject to a more limited reporting requirement. Failure to timely file reports results in a penalty of $100 per day, up to a maximum penalty of$1,000. By Grantors. All local government agencies must file reports with the state by April 1 of each year, whether or not they have granted business subsidies (except local governments with less than 2,500 population if they have not awarded a business subsidy in the past five years.) If a local government agency has not filed the required report by June 1, the agency may not award any business subsidies until the report is filed. By DTED. The department of trade and economic development is directed to publish a summary report by July 1 of each year, including detailed analysis of the subsidy types, wage and job creation, and history of compliance with subsidy agreements. d. Effective Date. The new provisions are effective for business subsidies entered into on or after August 1, 1999. SJB-165385 3 SH235-1 Minnesota Session Laws - 1999 Key: new language CHAPTER 243-H.F.No. 2420 ARTICLE 12 BUSINESS SUBSIDIES Section 1. [116J.993] [DEFINITIONS.] Subdivision 1. [SCOPE.] For the purposes of sections 116J.993 to 116J.995. the terms defined in this section have the meanings given them. Subd. 2. [BENEFIT DATE.] "Benefit date" means the date that the recipient receives the business subsidy. If the business subsidy involves the purchase, lease, or donation of physical equipment. then the benefit date begins when the recipient puts the equipment into service. If the business subsidy is for improvements to property. then the benefit date refers to the earliest date of either: (1) when the improvements are finished for the entire project: or (2) when a business occupies the property. If a business occupies the property and the subsidy grantor expects that other businesses will also occupy the same property, the grantor may assign a separate benefit date for each business when it first occupies the property. Subd. 3. [BUSINESS SUBSIDY.] "Business subsidy" or "subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. The following forms of financial assistance are not a business subsidy: (1) a business subsidy of less than $25,000: (2) assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria: (3) public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made: (4) redevelopment property polluted by contaminants as defined in section 116J.552. subdivision 3: (5) assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code, provided that the assistance is equal to or less than 50 percent of the total cost: (6) assistance provided to organizations whose primary mission is to provide job readiness and training services if the sole purpose of the assistance is to provide those services: (7) assistance for housing: (8) assistance for pollution control or abatement: (9) assistance for energy conservation: (10) tax reductions resulting from conformity with federal tax law: (11) workers' compensation and unemployment compensation: (12) benefits derived from regulation: bslaw.doc (13) indirect benefits derived from assistance to educational institutions: (14) funds from bonds allocated under chapter 474A: (15) assistance for a collaboration between a Minnesota higher education institution and a business: (16) assistance for a tax increment financing soils condition district as defined under section 469.174. subdivision 19.. (17) redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value: and (18) general changes in tax increment financing law and other general tax law changes of a principally technical nature. Subd. 4. [GRANTOR.] "Grantor" means any state or local government agency with the authority to grant a business subsidy. Subd. 5. [LOCAL GOVERNMENT AGENCY.] "Local government agency" includes a statutory or home rule charter city, housing and redevelopment authority, town, county. port authority, economic development authority, community development agency. nonprofit entity created by a local government agency, or any other entity created by or authorized by a local government with authority to provide business subsidies. Subd. 6. [RECIPIENT.] "Recipient" means any for-profit or nonprofit business entity that receives a business subsidy. Only nonprofit entities with at least 100 full-time equivalent positions and with a ratio of highest to lowest paid employee, that exceeds ten to one, determined on the basis of full-time equivalent positions. are included in this definition. Subd. 7. [STATE GOVERNMENT AGENCY.] "State government agency" means any state agency that has the authority to award business subsidies. Sec. 2. [116J.994] [REGULATING LOCAL AND STATE BUSINESS SUBSIDIES.] Subdivision 1. [PUBLIC PURPOSE.] A business subsidy must meet a public purpose other than increasing the tax base. Job retention may only be used as a public purpose in cases where job loss is imminent and demonstrable. Subd. 2. [DEVELOPING A SET OF CRITERIA4A business subsidy may not be granted until the grantor has adopted criteria after a public hearing for awarding business subsidies that comply with this section. The criteria must include a policy regarding the wages to be paid for the jobs created. The commissioner of trade and economic development may assist local government agencies in developing criteria. Subd. 3. [SUBSIDY AGREEMENT.] (a) A recipient must enter into a subsidy agreement with the grantor of the subsidy that includes: (1) a description of the subsidy, including the amount and type of subsidy. and type of district if the subsidy is tax increment financing: (2) a statement of the public purposes for the subsidy: bslaw.doc (3) goals for the subsidy: (4) a description of the financial obligation of the recipient if the goals are not met: (5) a statement of why the subsidy is needed: (6) a commitment to continue operations at the site where the subsidy is used for at least five years after the benefit date: (7) the name and address of the parent corporation of the recipient. if any: and (8) a list of all financial assistance by all grantors for the project. (b) Business subsidies in the form of grants must be structured as forgivable loans. If a business subsidy is not structured as a forgivable loan, the agreement must state the fair market value of the subsidy to the recipient, including the value of conveying property at less than a fair market price, or other in-kind benefits to the recipient. (c) If a business subsidy benefits more than one recipient. the grantor must assign a proportion of the business subsidy to each recipient that signs a subsidy agreement. The proportion assessed to each recipient must reflect a reasonable estimate of the recipient's share of the total benefits of the project. (d) The state or local government agency and the recipient must both sign the subsidy agreement and. if the grantor is a local government agency, the agreement must be approved by the local elected governing body. except for the St. Paul Port Authority and a seaway port authority. Subd. 4. [WAGE AND JOB GOALS.] The subsidy agreement, in addition to any other goals, must include: (1) goals for the number of jobs created, which may include separate goals for the number of part-time or full-time jobs, or, in cases where job loss is imminent and demonstrable, goals for the number of jobs retained: and (2) wage goals for the jobs created or retained. In addition to other specific goal time frames, the wage and job goals must contain specific goals to be attained within two years of the benefit date. Subd. 5. [PUBLIC NOTICE AND HEARING.] (a) Before granting a business subsidy that exceeds $500,000 for a state government grantor and $100.000 for a local government grantor. the grantor must provide public notice and a hearing on the subsidy. A public hearing and notice under this subdivision is not required if a hearing and notice on the subsidy is otherwise required by law. (b) Public notice of a proposed business subsidy under this subdivision by a state government grantor must be published in the State Register. Public notice of a proposed business subsidy under this subdivision by a local government grantor must be published in a local newspaper of general circulation. The public notice must identify the location at which information about the business subsidy, including a copy of the subsidy agreement, is available. Published notice should be sufficiently conspicuous in size and placement to distinguish the notice from the surrounding text. The grantor must make the information available in printed paper copies and, if possible, on the Internet. The government agency must provide at least a ten-day notice for the public hearing. (c) The public notice must include the date. time, and place of the hearing. (d) The public hearing by a state gover.riment grantor must be held in St. Paul. bslaw.doc Subd. 6. [FAILURE TO MEET GOALS.] The subsidy agreement must specify the recipient's obligation if the recipient does not fulfill the agreement. At a minimum. the agreement must require a recipient failing to meet subsidy agreement goals to pay back the assistance plus interest to the grantor provided that repayment may be prorated to reflect partial fulfillment of goals. The interest rate must be set at the implicit price deflator defined under section 275.70. subdivision 2. The grantor. after a public hearing. may extend for up to one year the period for meeting the goals provided in a subsidy agreement. A recipient that fails to meet the terms of a subsidy agreement may not receive a business subsidy from any grantor for a period of five years from the date of failure or until a recipient satisfies its repayment obligation under this subdivision, whichever occurs first. Before a grantor signs a business subsidy agreement. the grantor must check with the compilation and summary report required by this section to determine if the recipient is eligible to receive a business subsidy. Subd. 7. [REPORTS BY RECIPIENTS TO GRANTORS.] (a) A business subsidy grantor must monitor the progress by the recipient in achieving agreement goals. (b) A recipient must provide information regarding goals and results for two years after the benefit date or until the goals are met, whichever is later. If the goals are not met, the recipient must continue to provide information on the subsidy until the subsidy is repaid. The information must be filed on forms developed by the commissioner in cooperation with representatives of local government. Copies of the completed forms must be sent to the commissioner and the local government agency that provided the business subsidy. The report must include: (1) the type. public purpose. and amount of subsidies and type of district, if the subsidy is tax increment financing: (2) the hourly wage of each job created with separate bands of wages: (3) the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages: (4) the date the job and wage goals will be reached: (5) a statement of goals identified in the subsidy agreement and an update on achievement of those goals: (6) the location of the recipient prior to receiving the business subsidy: (7) why the recipient did not complete the project outlined in the subsidy agreement at their previous location, if the recipient was previously located at another site in Minnesota: (8) the name and address of the parent corporation of the recipient, if any: (9) a list of all financial assistance by all grantors for the project: and (10) other information the commissioner may request. A report must be filed no later than March 1 of each year for the previous year and within 30 days after the deadline for meeting the job and wage goals. (c) Financial assistance that is excluded from the definition of "business subsidy" by section 116J.993, subdivision 3, clauses (4), (5), (8), and (16) is subject to the reporting requirements of this subdivision, except that the report of the recipient must include: (1) the type. public purpose, and amount of the financial assistance, and type of district if the subsidy is tax increment financing: (2) progress towards meeting goals stated in the subsidy agreement and the public purpose of the assistance: bslaw.doc (3) the hourly wage of each job created with separate bands of wages: (4) the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages: (5) the location of the recipient prior to receiving the assistance: and (6) other information the grantor requests. (d) If the recipient does not submit its report. the local government agency must mail the recipient a warning within one week of the required filing date. If. after 14 days of the postmarked date of the warning, the recipient fails to provide a report. the recipient must pay to the grantor a penalty of $100 for each subsequent day until the report is filed. The maximum penalty shall not exceed $1.000. Subd. 8. [REPORTS BY GRANTORS.] (a) Local government agencies of a local government with a population of more than 2.500 and state government agencies. regardless of whether or not they have awarded any business subsidies, must file a report by April 1 of each year with the commissioner. Local government agencies of a local government with a population of 2.500 or less are exempt from filing this report if they have not awarded a business subsidy in the past five years. The local government agency must include a list of recipients that did not complete the report and of recipients that have not met their job and wage goals within two years and the steps being taken to bring them into compliance or to recoup the subsidy. If the commissioner has not received the report by April 1 from an entity required to report. the commissioner shall issue a warning to the government agency. If the commissioner has still not received the report by June 1 of that same year from an entity required to report. then that government agency may not award any business subsidies until the report has been filed. (b) The commissioner of trade and economic development must provide information on reporting requirements to state and local government agencies. Subd. 9. [COMPILATION AND SUMMARY REPORT.] The department of trade and economic development must publish a compilation and summary of the results of the reports for the previous calendar year by July 1 of each year. The reports of the government agencies to the department and the compilation and summary report of the department must be made available to the public. The commissioner must coordinate the production of reports so that useful comparisons across time periods and across grantors can be made. The commissioner may add other information to the report as the commissioner deems necessary to evaluate business subsidies. Among the information in the summary and compilation report. the commissioner must include: , (1) total amount of subsidies awarded in each development region of the state: (2) distribution of business subsidy amounts by size of the business subsidy: (3) distribution of business subsidy amounts by time category. such as monthly or quarterly: (4) distribution of subsidies by type and by public purpose: (5) percent of all business subsidies that reached their goals: (6) percent of business subsidies that did not reach their goals by two years from the benefit date: (7) total dollar amount of business subsidies that did not meet their goals after two years from the benefit date: (8) percent of subsidies that did not meet their goals and that did not receive repayment: bslaw.doc (9) list of recipients that have failed to meet the terms of a subsidy agreement in the past five years and have not satisfied their repayment obligations: (10) number of part-time and full-time jobs within separate bands of wages: and (11) benefits paid within separate bands of wages. Sec. 3. [116J.995] [ECONOMIC GRANTS.] An appropriation rider in an appropriation to the department of trade and economic development that specifies that the appropriation be granted to a particular business or class of businesses must contain a statement of the expected benefits associated with the grant. At a minimum, the statement must include goals for the number of jobs created, wages paid, and the tax revenue increases due to the grant. Sec. 4. [REPEALER.] Minnesota Statutes 1998, section 116J.991, is repealed. Sec. 5. [EFFECTIVE DATE.] Sections 1 to 4 are effective for business subsidies entered into or state appropriations authorized on or after August 1, 1999. bslaw.doc EXH/air 8 DRAFT CITY OF SHAKOPEE SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY BUSINESS SUBSIDY POLICY I. Purpose This document includes the criteria to be considered by the City of Shakopee ("City") and the Shakopee Economic Development Authority ("EDA") to evaluate requests for business subsidies. In adopting these criteria, it is the intent of the City and EDA to comply with Minnesota Statutes, Sections 116J.993-116J.995 (the "Act"). The City and EDA hereby adopt the definitions contained in the Act for application in the criteria. The City and EDA have each adopted these policies after public hearing in accordance with the Act. Henceforth, the term "City"includes the City and EDA unless the context requires otherwise. H. Goals and Objectives It is the City's intent to advance the following goals and objectives in granting business subsidies: a.) All business subsidies must be consistent with Shakopee's comprehensive plan and any other similar plan or guide for development of the community. b.) Recipients will be required to enter into a subsidy agreement with the City that is consistent with statutory requirements, including a commitment to remain in business at the site for a minimum of five years after the benefit date and compliance with the specific job and wage goals established for the project. III. Business Subsidy Criteria The City recognizes that every proposal is unique.Nothing in these criteria shall be deemed to be an entitlement or shall establish a contractual right to a subsidy. The City reserves the right to modify these criteria from time to time and to evaluate each project individually. The following criteria shall be utilized in evaluating a request for a business subsidy: a.) Increase in tax base. While according to the Act an increase in the tax base cannot be the sole grounds for granting a subsidy, the City believes it is a necessary condition for any subsidy. b.) Jobs and Wages. It is the City's intent that the recipient create the maximum number of livable wage jobs at the site. This may include jobs to be retained but only if job loss is imminent and demonstrable. City of Shakopee DRAFT Business Subsidy Policy Business Subsidy Criteria(continued) c.) Economic Development or Redevelopment. Business subsidies should promote one or more of the following: 1. Provide significant economic impact(multiplier effect)within the community; 2. Encourage economic and commercial diversity within the community; 3. Contribute to the establishment or reestablishment of a critical mass of commercial development within an area; 4. Provide basic goods and services, increase the range of goods and services available or encourage fast-growing businesses; 5. Promote redevelopment objectives and removal of blight, including pollution remediation; 6. Promote the retention or adaptive reuse of buildings of historical or architectural significance; 7. Encourage full utilization of existing or planned infrastructure improvements. IV. Compliance and Reporting Requirements. a.) Any subsidy granted by the City will be subject to the requirement of a public hearing, if necessary according to the Act,and must be approved by the Shakopee City Council, and by the EDA Board of Commissioners if the subsidy is granted by the EDA. b.) It will be necessary for both the recipient and the City to comply with the reporting and monitoring requirements of the Act. V. Tax Increment Financing Program Tax Increment Financing (TIF) is a financing tool whereby districts are established for development or redevelopment and the increased property tax revenues, or increment, generated by the improvements is captured to pay back the bond debt or other financing provided for the project. TIF is useful for the attraction and retention of businesses by the City of Shakopee. The fundamental principle that makes Tax Increment Financing viable is that it is designed to encourage development that would not otherwise occur. The City shall consider TIF in cases that serve to accomplish the City's economic development goals, and to assist projects that would not occur"but for"the assistance provided through Tax Increment Financing. In addition to the general criteria described in Sections III and IV above, requests for TIF assistance will be evaluated according to the policies in this Section. subsdpolicy.doc 2 City of Shakopee DRAFT Business Subsidy Policy Tax Increment Financing Program(continued) Program Goals 1. To promote development or redevelopment that would not otherwise occur. 2. To promote development or redevelopment that will build a strong tax base. 3. To improve the community's economic vitality through the creation and expansion of employment opportunities. 4. To assure that development projects are constructed and maintained with quality consistent with the goals of the City of Shakopee. 5. To enhance the competitive position of the City of Shakopee regarding new and expanding businesses. Program Eligibility Criteria Qualified projects (applicants) must meet or exceed the following criteria to be eligible for TIF assistance. Meeting the threshold of eligibility does not mean automatic approval for the applicant. The Shakopee Economic Development Authority and City Council shall make final approval of TIF assistance. The applicant must complete an Application for Business Subsidies as one measure of project eligibility. 1. If the project is a manufacturing or warehouse / distribution use, the following criteria apply: a.) The project must be located in either an I-1 (Light Industry) or I-2 (Heavy Industry)zoning district. b.) The project must occupy a minimum land area of 5 acres. 2. The project must be consistent with the City's Comprehensive Plan. 3. If the project involves redevelopment, the applicant must provide evidence of the building and site conditions needed to evaluate whether the project qualifies for establishment of a redevelopment district or renovation and renewal district. 4. The project must be consistent with environmental regulations and not create an environmental hardship for the community. 5. The applicant must be willing to enter into a developer's agreement approved by the City. 6. The applicant should at all times retain and be assisted by qualified financial consultants and/or underwriters,and by legal counsel. subsdpolicy.doc 3 City of Shakopee DRAFT Business Subsidy Policy TIF Program Eligibility Criteria(continued) 7. Construction of the project shall not commence until the City has approved a TIF plan for the project. 8. The City reserves the right to select a third party administrator/consultant to assist in the review and project development process, the cost of which will be paid by the applicant. 9. The applicant must submit preliminary plans of the project and evidence of ability to finance the project. 10. The applicant must provide security to the City to cover all costs paid by tax increment,unless the TIF plan is a"pay as you go"agreement. 11. The City reserves the right to deny any application for TIF financing for any reason at any stage of the proceedings prior to adoption of the final approval of a Developer's Agreement. 12. The developer will provide a minimum of 10% owner and/or developer equity in the project. The City reserves the right to deny projects which substantially comply with the eligibility criteria, but which fail to have a significant positive impact on the community or to accomplish the City's economic development or redevelopment goals as determined by the Economic Development Authority and City Council. The City reserves the right to consider and approve projects which substantially comply with the eligibility criteria, as set forth in the program providing other tangential items such as building materials, building quality, etc., meet or exceed minimum standards and have, in the Council's judgment, a significant positive impact on the community and have accomplished the City's economic development or redevelopment goals. Costs Eligible for Tax Increment Financing Assistance Project costs qualifying for TIF assistance, as defined under the Minnesota TIF Act, include without limitations the following: 1. Acquisition of property 2. Clearing of land 3. Relocation and demolition of existing structures 4. Site preparation 5. Soils correction 6. Removal of hazardous waste or pollution 7. Installation of utilities 8. Construction of public or private improvements 9. Administrative costs directly related to the parcels identified 10. Other similar activities subsdpolicy.doc 4 City of Shakopee DRAFT Business Subsidy Policy VI. Application Process for Business Subsidies The applicant will complete the City's Application for Business Subsidies; submit with the application a deposit of$5,200 to cover City administrative costs; and provide other information as requested by the City. 1. City staff or the City's agent shall review the application materials and make preliminary recommendations to the Shakopee Economic Development Authority and City Council as to compliance of the application and proposed project with City goals and eligibility criteria. 2. Final evaluation of the application shall include, in addition to items subject to preliminary review,a review of applicable credit analysis, financial structuring and legal compliance. A formal recommendation shall then be made to the Economic Development Authority and the City Council. 3. After a review of the final evaluation and formal recommendation,the Shakopee Economic Development Authority and City Council shall consider final approval of the use of business subsidies and hold the appropriate public hearings. 4. All applications and supporting materials and documents shall become the property of the City. subsdpolicy.doc 5 RESOLUTION 52 7 7 A RESOLUTION OF THE SHAKOPEE CITY COUNCIL ADOPTING A BUSINESS SUBSIDY POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOOWS: WHEREAS, Minnesota State Statutes, Sections 116J.993 through 116J.995 mandates that a business subsidy may not be granted until the local government agency("grantor"), after a public hearing,has adopted a business subsidy policy; and WHEREAS, Shakopee City Ordinance requires that the policy be adopted by City Council resolution; and WHEREAS, Shakopee city staff has worked in cooperation with Scott County officials in developing the policy; and WHEREAS,the City of Shakopee desires to adopt a business subsidy policy prior to negotiating subsidies with potential recipients. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the attached Business Subsidy Policy is hereby adopted for the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999. res .doc RESOLUTION 99-4 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE ADOPTING A BUSINESS SUBSIDY POLICY BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOOWS: WHEREAS,Minnesota State Statutes, Sections 116J.993 through 116J.995 mandates that a business subsidy may not be granted until the local government agency("grantor"), after a public hearing, has adopted a business subsidy policy; and WHEREAS, Shakopee City Ordinance requires that the policy be adopted by Economic Development Authority resolution; and WHEREAS, Shakopee city staff has worked in cooperation with Scott County officials in developing the policy; and WHEREAS,the Economic Development Authority of the City of Shakopee desires to adopt a business subsidy policy prior to negotiating subsidies with potential recipients. NOW,THEREFORE,BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the attached Business Subsidy Policy is hereby adopted for the Economic Development Authority of the City of Shakopee. Adopted in session of the Economic Development Authority of the City of Shakopee, Minnesota,held this day of , 1999. res99-3.doc /0 MEMORANDUM TO: Mayor and City Council, City of Shakopee,Minnesota FROM: Jim Thomson, City Attorney DATE: November 10, 1999 RE: Liquor License Matters I have been in contact with the attorney for Sabrosso's Restaurant since the November 3, 1999 meeting. The attorney advises me that his client thought that the hearing on the liquor license issue was scheduled for November 4, 1999, not November 3, 1999, and that is why they did not appear at the City Council meeting. The attorney advises me that Sabrosso intends to admit to the violation and will appear at the November 16, 1999 Council meeting. You will recall that the attorney for Crossroads Liquor requested a continuance of that matter until the November 16, 1999 Council meeting. I have not heard from the attorney as to how they wish to proceed. I have also had discussions with representatives of Canterbury Park since the November 3, 1999 Council meeting. They are considering whether to withdraw their request for a hearing. It is possible that they will also appear at the November 16, 1999 Council meeting to advise the Council of that fact. JJT-171651 SH155-23 IStigatioit, ana Onversajtati/vo &a/0044(Telivice6D • Asesoramiento y Investigation de Asuntos Legates Suite 636, Sexton Building Lula Humberto Caire-Tonarelli,J.D. 529 South 7th Street (Doctoredo Juridic*-not licensed to practice law) Minneapolis,Minnesota 55415 Voice Mail: (612)306-2265 Pager: (612) 609-9274 TO: Judy Cox, City Clerk DATE: November 9, 1999 RE: Sabroso, Inc. Miss Cox, sorry I took so long to respond to your request and that of Mr. James Thomson, City Attorney. The reason I did not appear before the Honorable City Council is due to my negligence in that I had the wrong date. As mentioned before, Sabroso, Inc. accepts responsibility for the new employee who caused the violation. The owner has again stressed the policy to the employee and we expect no more violations. Thank you very much, TO 'd 94S0 86Z ZT9 30IrldO Mti1 N3NHSfl>I Wd 0S: Ze 66-60-AON /O, In Store Compliance Checks 450 First Compliance Check - July 23, 1999c /Idle mac, Three employees workin Mike Nick & Todd ��� g, • • 6:45 p.m. underage female enters Crossroads Liquors i '4161e • female chooses bottle of Beringer White Zinfandel • walks to counter and attempts to purchase wine • asked to show I.D., does not have I.D. with her • sale is refused by employee, female leaves store Second Compliance Check - August 7, 1999 Three employees working, Bob, Joe and Stacy • 5:15 p.m. underage male enters Crossroads Liquors • male chooses a 12 pack of Miller Lite • walks to counter and attempts to purchase beer • asked to show I.D., male tells clerk the I.D. is in the car; clerk asks male to go and get his I.D. — male does not return to store — sale refused Third Compliance Check— September 17, 1999 Two employees working Jesse, Mike and owner Paul • 7:00 p.m. underage female enters Crossroads Liquors • female chooses a liter of Phillips Root Beer Schnapps • walks to counter and attempts to purchase liquor • asked to show I.D., female states she forgot her I.D. at home • clerk refuses sale without a I.D. Fourth Compliance Check— October 31, 1999 Two employees working Robin, Scott and owner Cindy • 1:00 p.m. underage male enters Crossroads Liquors • male walks around the wine section for 1-2 minutes looking at various wines • male makes his selection and brings it to the clerk behind the counter • male appears to be nervous — upon being asked for his I.D., he says he left it in the car and lays a $20.00 bill on the counter • clerk instructs the minor she cannot sell to him without his I.D. • male leaves store with $20.00 still on counter MLBA Sample policy and Procedure --- Employee Pledge I have read the information In this pamphlet. I understand that,as a condition of my employment, I an required to act in accordance with the following three princi- ples regarding the sale of alcoholic beverages: 1. I will not knowingly sell alcoholic beverages to any person I believe to be under the legal drinking age. 2.. 1 will ask any customer who appears to be close to the legal drinking age for identification. I will examine such Identification carefully. If I am not satisfied, I will not make the sale. 3. I will not knowingly sell alcoholic beverages to any second party if I believe those beverages are being purchased in violation of the law for use by underage persons. Employee's Signature Date Store Manager's Signature Date r Beware Fake I.D.'s False I.D. Form To be filled In by licensee 1. Date: or employee 2. Time of attempted purchase: 3. Description of person: Type of Identification Shown: a. male/female Date: b. height Driver's License# c. weight Minnesota Identification Card d. age e. eyeglasses f. beard/mustache To be filled In by person g. hair color being questioned h. halt length I. any noticeable scars I declare that I am twenty- one years of age,and that I ) any speech abnormalities am subject to arrest and prosecution for misrepresent- k. color and description of Ing my age in order to obtain clothing or attempt to obtain liquor, beer or wine. 4. Anyone with the individual: Any legal sults, damages,or liabilities taken against this If yes,describe: establishment may result in a 5• Model and Make and Color counter suit action by this establishment. 6. Name of I.D.checker This contract Is legal and binding upon my signature, 7. Any other witnesses, if yes name Name them: Date L J NOTICE TO ALL EMPLOYEES EFFECTIVE IMMEDIATEL P""""" (1) ANY CUSTOMER WHO APPEARS TO BE UNDER THE AGE OF 45, WILL BE ASKED TO PRESENT AN I.D. AT THE TIME OF THEIR PURCHASE. (2) ANY CUSTOMER WHO DOES NOT PRESENT THEIR I.D. UPON REQUEST, WILL NOT BE ALLOWED TO PURCHASE ALCOHOL OF ANY KIND IN THIS STORE!!!r r"r NO EXCUSES ACCEPTED!! WE APPRECIATE YOUR COOPERATION IN THIS VERY IMPORTANT ISSUE THANK YOU!!!!! !! NOTICE TO ALL EMPLOYEES TO SHOW YOU ALL HOW IMPORTANT THE ISSUE OF CHECKING THE ID' S OF CUSTOMERS IS AND HOW IMPORTANT YOU ARE TO US, WE WILL GIVE EACH EMPLOYEE A $ 10.00 GIFT CERTIFICATE TO THE STORE FOR EVERY THREE MONTHS WE GO WITHOUT ANY INCIDENTS OF SELLING TO MINORS . THIS PROCEDURE WILL TAKE EFFECT IMMEDIATELY. AGAIN, THANK YOU FOR ALL YOUR HARD WORK AND CONTINUED EFFORT TO DISCOURAGE THE SALE OF ALCOHOL TO MINORS ! ! ! NOTICE ANYONE 45 YEARS OF AGE AND YOUNGER, PLEASE BE PREPARED TO SHOW I.D. AT THE TIME OF PURCHASE. THANK YOU ! THE MANAGEMENT , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. N ichael Leek, Community Development Director SUBJECT: Request to Amend Planned Unit Development (PUD) Overlay District #12 (Park 2000 Southwest)by Removing Property from the PUD MEETING DATE: November 16, 1999 APPLICATION DATE and REVIEW PERIOD DEADLINE: September 24, 1999-November 23, 1999 INTRODUCTION: Valley Green Business Park is requesting the removal of 17 acres from PUD Overlay#12. In 1997 the City approved a request of First Industrial for a PUD Overlay in Valley Green Business Park. At the time of the request the subject property was zoned I-2,which limited the amount of office space that could be constructed as part of a project. First Industrial eventually purchased 35 of the 52 acres in the PUD,but chose not to purchase the last 17 acres. Subsequent to the approval of the PUD,the I-2 regulations were amended to allow up to 35%office space, and to permit more than 35%office space with a CUP. In addition,the subject property has been subsequently been rezoned to Business Park, which allows up to 100%office space. ALTERNATIVES: 1. Approve Resolution No. 5280 approving the request of Valley Green Business Park to remove 17 acres from PUD Overlay Zone#12. 2. Do not approve the request of Valley Green Business Park to remove 17 acres from PUD Overlay Zone#12. 3. Table a decision in order to allow the submission of additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on the request on November 4, 1999. The Planning Commission recommended approval of the request on a vote of 6-0. • ACTION REQUESTED: Offer and approve Resolution No. 5280, approving the request to remove 17 acres from PUD Overlay District No. 12. i/c7Z;;/- R. Michael Leek Community Development Director i:\commdev\cc\1999\1116\\PUD12.doc 2 RESOLUTION NO.5280 A RESOLUTION AMENDING RESOLUTION NO.4668,APPROVING PUD OVERLAY ZONE NO. 12,BY REMOVING 17 ACRES FROM THE ZONE WHEREAS,on May 6, 1997 the City Council approved Resolution No. 4668 creating Planned Unit Development(PUD)Overlay Zone No. 12;and WHEREAS,PUD Overlay Zone No. 12 allowed a greater percent of office space than was allowed in the I-2 zoning district at the time;and WHEREAS,subsequent to the establishment of Overlay Zone No. 12 the I-2 zoning district was amended to allow greater percentages of office space than permitted in Overlay Zone No. 12;and WHEREAS,Valley Green Business Park has made application to have about seventeen(17) acres removed from PUD Overlay Zone No. 12;and WHEREAS,the subject property is legally described as follows; That part of Lot 1,Block 3, Valley Park Thirteenth Addition in Scott County,Minnesota lying westerly of the following described line: Commencing at the southwest corner of Lot 1,Block 3, Valley Park Thirteenth Addition, Scott County,Minnesota, thence 89 degrees, 16 minutes, 17 seconds East an assumed bearing along the southerly line of said Lot 1, a distance of 398.90 feet;thence north 89 degrees, 22 minutes, 52 seconds Easy along the southerly line of said Lot 1, a distance of 1296.86 feet to the point of beginning of the line to be described; thence north 00 degrees, 37 minutes, 40 seconds West a distance of 486.04 feet, more or less, to the north line of sid Lot 2, and said line there terminating, Scott County,Minnesota WHEREAS,a public hearing on the request was held before the Planning Commission at its November 4, 1999 meeting, and at the conclusion of that hearing the Commission recommended approval of the request. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that Resolution No. 4668,a resolution approving PUD Overlay Zone No. 12(Park 2000 Southwest),is hereby amended by removing the above-described property from the PUD. 3 Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 4 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission CC. Craig Jenson, Scott County Highway Department FROM: R. 1MIichael Leek, Community Development Director SUBJECT: Request to Amend Planned Unit Development (PUD) Overlay District#12 (Park 2000 Southwest)by Removing Property from the PUD MEETING DATE: November 4, 1999 APPLICATION DATE and REVIEW PERIOD DEADLINE: September 24, 1999 -November 23, 1999 Site Information Applicant: Valley Green Business Park Location: North of STH 169 and east of Valley Park Drive Current Zoning: Business Park(BP)Zone Adjacent Zoning/Use: North: Heavy Industrial(1-2) South: STH 169 East: Heavy Industrial(1-2) West: Business Park(BP) 1995 Comprehensive Plan: Heavy Industrial Area: 17 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Letter of Jon Albinson,Project Director for Valley Green Business Park Exhibit C: Resolution No.4668 approving PUD Overlay#12 Exhibit D: Business Park Zone Regulations INTRODUCTION: In 1997 the City approved a request of First Industrial for a PUD Overlay in Valley Green Business Park. At the time of the request the subject property was zoned I-2,which limited the amount of office space that could be constructed as part of a project. First Industrial eventually purchased 35 of the 52 acres in the PUD,but chose not to purchase the last 17 acres. Subsequent to the approval of the PUD, the I-2 regulations were amended to allow up to 35%office space, and to permit more than 35%office space with a CUP. In addition,the subject property has been subsequently been rezoned to Business Park,which allows up to 100%office space. For the reasons set forth above, and because the PUD does not impose any additional, desirable conditions,there does not appear to be substantial reason to maintain the PUD overlay on the subject property. CONSIDERATIONS: 1. Scott County has commented that removal of the PUD Overlay could allow for developments that generate more traffic,thus impacting CSAH 83 and 12th Avenue. The Highway Department has also requested the opportunity to review and comment on future plats. The department will be copied on any future applications that might be received by the City. ALTERNATIVES: 1. Recommend approval to the City Council of the request of Valley Green Business Park to remove 17 acres from PUD Overlay Zone#12. 2. Recommend denial to the City Council of the request of Valley Green Business Park to remove 17 acres from PUD Overlay Zone#12. 3. Table a decision in order to allow time for the applicant and/or staff to submit additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion recommending to the City Council the approval of the request of Valley Green Business Park to remove 17 acres from PUD Overlay Zone#12. R. Michael Leek Community Development Director i:\commdev\boas-pc\1999\1104\PUD12.doc 2 , - ,..-___ _____T ___________:__ _ Air ai 4"11 : _ ____I , , i� W 12 = — Iiior AN m -43 or, 12 12 11 itAve. E. , J n / 12th Ave. E. B1 BP r BP \ G S.T.H. 169 11 Il c-1-1146:----ic i*VIIIIIIF• sin • 14101111 '10 tat 1161A AA ili 44 ok f D ° AG •\ -,,,,, ________JI` i r N allmikAl W E SHAKOPEE S COMMUNITY PRIDE SINCE 185/ Proposed PUD Amendment (Removal of PUD Overlay) - Valley Green Business Park NM Zoning.shp Parcels.shp 10/5/99 eXN1brr A , P y rccn ;:".;;; ►i �_ BUSINESS PARK -SEP 2 4 1999 September 23, 1999 ---- — Michael Leek City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Re: Application for Amendment to PUD No. 12 Valley Green Business Park Dear Michael: In 1997, First Industrial Realty Trust(also known as FR Acquisitions and by other names) purchased 10 acres of land from Valley Green Business Park Limited Partnership, and had contractual rights to purchase an additional 42 acres of property from Valley Green Business Park that more or less bordered the 10 acres actually purchased. First Industrial processed a Planned Unit Development on all the 52 acres, only a portion of which they owned at that time. First Industrial closed on an additional 25 of the 42 acres in 1998,but chose not to purchase the last 17 acres, the portion we are requesting, by way of this letter, be removed from the PUD. The PUD, a copy of which is enclosed, provided First Industrial the privilege to increase the amount of office space that would be permitted on the 52-acre development. The I-2 zoning at that time did not allow any more than 25%office, so this PUD was approved to allow them to increase the office percentage to 35%. Valley Green recently made application for rezoning of this parcel to Business Park from the Heavy.Industrial zoning. The rezoning was approved and the 17 acres now has a Business Park zoning that allows for up to 100%office finish. Since First Industrial did not purchase this 17-acre site,the planned development they had for it will not be happening. Valley Green is currently marketing this property for sale, and the ultimate development of it is yet to be determined. We are asking the PUD be amended to remove the Valley Green parcel legally described on the enclosed sheet. We believe our request for this amendment is appropriate inasmuch as the PUD was granted to First Industrial Realty Trust for their contemplated development, which they never implemented, and more importantly, did not complete the purchase of all the land contemplated for the development; i.e., this 17+acre parcel. H:\Projects\Valley Park I3th'x to MLeek sending application to remove PUD from 17 acre site in VP I3thDOC- - 5240 Vaiey in ustnai 5out �•ard South •Shakopee,MN 55a79*Telephone:(612)445-9286'Fax:(612)904-6875•E-Mail:jalbinson©ValleyGreen.com EXII I rAT 13 .. .__ Michael Leek Page Two ' September 23, 1999 If you need additional information to accommodate your processing our request,please let me know and I will forward it to you. Thank you for your attention to this issue. Respectfully, VAL Y GREEN BUSINESS PARK Jo .Albinson Project Director JRA:jmc Enclosures cc: -Chris Willson-First Industrial Realty Trust(w/o encl.) " H:\Projects\Valley Park 13th\x to MLeek sending application to remove PUD from 17 acre site in VP 13th DOC From:Valley Green Business Park 1-612-904-6875 To:Michael Leek Date:9/27/99 Time:9:22:54 AM Page 2 of 3 • RESOLUTION NO. 4668 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#I2,PARK 2000 SOUTHWEST WHEREAS, Valley Green Business Park is the owner of said property and First Industrial Realty Trust, Inc. is the applicant; and WHEREAS, the property upon which the request is being made is legally described as Lot 1, Block 2. Valley Park 1 hirteenth Addition and the West Half of Lot I. Block 3, Valley Park Thirteenth Addition, City of Shakopee, County of Scott, State ofMinnesota; and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of Park 2000 Southwest on April 17, 1997, and has recommended its approval,and WHEREAS, all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Planned Unit Development Overlay District#12, Park 2000 Southwest is hereby approved subject to the following conditions: • 1. The total building square footage allowed for the development, as a whole, shall be limited to 749,000 square feet. 2. The development shall comply with all design and performance standards, unless specifically addressed in the PUD approval. 3. The development shall allow office and office showroom areas not to exceed 35% of the total building square footage for the development. 4. Office showroom uses shall be allowed subject to an approved conditional use permit for office showroom. 5. The minor subdivision process shall be completed prior to the approval of the PUD. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. EXNIIIT G From:Valley Green Business Park 1-612-904-6875 To:Michael Leek Date:9127/99 Time:9:22:54 AM Page 3 of 3 • • Mayor of the City of Shakopee ATTEST: • City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 ORDINANCE NO. 547,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING,BY CREATING A BUSINESS PARK(PB)ZONE THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11, Zoning, is hereby amended by adding the following language: SEC. 11.47. BUSINESS PARK ZONE(BP) Subd. 1. Purpose. The purpose of the Business Park zone is to provide areas for the development of office,business and light industrial uses meeting high standards of design and construction and having close proximity to major transportation corridors and/or other industrial zones. Subd.2. Permitted Uses. Within the Business Park zone,no structure or land shall be used except for one or more of the following uses: A. offices and office buildings; B. research laboratories conducted entirely within an enclosed building;except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; C. manufacturing,fabrication,processing,and assembly operations conducted entirely within an enclosed building,except those involving a project that fits within one the Mandatory EIS Categories under Minnesota Rules 4410.4400; D. warehousing and wholesaling operations conducted entirely within an enclosed building,except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; E. office-warehouse and office-showroom facilities; F. medical or dental clinics; G. agricultural uses,but limited to the growing of field crops; IL utility services;and I. public buildings. Subd.3. Conditional Uses. Within the Business Park zone,no structure or land shall be used for any of the following uses except by conditional use permit: A. health and athletic club facilities; B. commercial vehicle rental facilities; C. industrial or technical training schools; D. restaurants,class I or class II,contained within a principal structure,oriented toward serving employees,and not exceeding 10%of the gross floor area of the building; E. manufacturing,fabrication,processing,and assembly operations;warehousing and wholesaling operations;and research laboratories,that fit within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; F. retail establishments not exceeding 10%of the gross floor area of the building; G. developments containing more than one principal structure per lot; IL hotels; heliports; J. communication service towers,subject to the following conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer, 3. shall not exceed 175 feet in total height(including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower, 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence 6 feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to the greatest extent possible; 12. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted,shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one- half(1/2)mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced,modified,or replaced to accommodate planned or equivalent equipment at a reasonable cost,as certified by a qualified,licensed professional engineer. • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost,as certified by a qualified,licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably,as certified by a qualified,licensed professional engineer. • the applicant,after a good faith effort,is unable to lease space on an existing or approved tower or building. 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 16. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. 17. When towers are to be located in city parks,no towers should be located in designated conservation areas such as forest areas,marsh lands,wildlife preserves, nature center parks,picnic area,near historical structures,scenic open space areas, and areas of intense recreational play for children(playfields, swimming pool, playground equipment). 18. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 19. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. K. structures over 45 feet in height;and L. other uses similar to those in this subdivision,upon a determination by the Board of Adjustment and Appeals may be allowed upon the issuance of a Conditional Use Permit. Subd.4. Permitted Accessory Uses. A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication tower service apparatus/devices subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height(including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted,shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. E. other accessory uses customarily appurtenant to a permitted or conditional use,as determined by the Zoning Administrator. Subd.5. Design Standards. A. Minimum lot area: 1 acre B. Maximum impervious surface coverage: 80% C. Lot specifications: Minimum lot width: 100 feet Building setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zone: 100 feet D. Dumpsters,trash handling equipment,and recycling equipment shall be stored within the principal structure,or within an accessory structure constructed of the same materials as the principal structure. E. Lighting fixtures shall be of downcast,cutoff type parking or drive aisle setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 10 feet minimum side or rear yard setback from residential zone: 100 feet D. Maximum height: 45 feet without a conditional use permit Subd.6. Construction Materials. In the business park zone only the following materials may be used for the exterior finish of any principal or accessory building: face brick,stone,glass,decorative concrete block,architecturally treated concrete,cast in place or precast concrete,stucco,and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel,aluminum,copper,or other high quality,durable metal,and wood maybe used,but only as an accent,trim or frame,and not as siding for a substantial portion of any building facade. Section 2 --Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, M iinnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1999. CITY OF SUAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary/Final Plat of OPUS MVW DATE: November 16, 1999 Discussion Opus Northwest LLC is requesting Preliminary/Final Plat approval of Opus MVW. The subject site is generally located south of 4th Avenue and west of County Road 83. A copy of the November 4, 1999,Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Preliminary/Final Plat of Opus MVW, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Preliminary/Final Plat of Opus MVW, and approve subject to the revised conditions. 3. Do not approve the Preliminary/Final Plat of Opus MVW. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary/Final Plat of Opus MVW, subject to conditions(Alternative No. 1). Action Rea nested Offer Resolution No. 5275, a Resolution Approving the Preliminary/Final Plat of Opus MVW, subject to conditions, and move its approval. ulie Klima Planner II i:\cammdev\cc\1999\cc1116\pfpmvw.doc RESOLUTION NO.5275 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING THE PRELIMINARY/FINAL PLAT OF OPUS MVW WHEREAS,Opus Northwest LLC is the applicant and owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: The north half of the southwest quarter of Section 4, Township 115, Range 22, Scott County, Minnesota, except: that part thereof contained in the plat of Koskovich Valley Park First Addition; and except: the south 400'of the east 653'of the northeast quarter of the southwest quarter of Section 4, Township 115, Range 22, except that part contained in the plat of Koskovich Valley Park Addition WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary/Final Plat of Opus MVW on November 4, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary/Final Plat of Opus MVW is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Payment of park dedication fees shall be deferred to the issuance of building permit. Park dedication fees in effect at the time of building permit issuance shall be applied. 3. Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities prior to construction. 4. The developer shall provide easements, as required by City Code, including but not limited to, 20 foot perimeter utility easements along all lot lines, with the exception of the southern boundary of Lot 1, Block 1, which shall have a 25 foot perimeter utility easement. 5. A trail easement along the 4th Avenue right-of-way shall be provided to the city by separate document. B. The following conditions shall apply after the recording of the Final Plat: 1. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 2. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Jon P.Brekke,Mayor of the City of Shakopee ATTEST: Judith S.Cox,City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner II SUBJECT: Preliminary/Final Plat of Opus MVW MEETING DATE: November 4, 1999 APPLICATION DATE and REVIEW PERIOD DEADLINE: October 8, 1999-December 7, 1999 Site Information Applicant: OPUS Northwest,LLC Location: South of 4th Avenue and west of CSAH 83 Current Zoning: Light Industrial(11)Zone Adjacent Zoning: North: 4th Avenue/Light Industrial(11)Zone South: Major Recreation(MR)Zone East: CSAH 83 /Heavy Industrial(12)Zone West: Major Recreation(MR)Zone/Canterbury Park PUD Overlay 1995 Comp. Plan: Light Industrial Area: 71.77 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: OPUS MVW Preliminary Plat Exhibit C: OPUS MVW Final Plat Exhibit D: Engineering Department Comments Introduction OPUS Northwest LLC is requesting Preliminary and Final Plat approval of OPUS MVW. The property is located south of 4th Avenue and west of CSAH 83 (Exhibit A). Considerations The plat proposes the creation of two lots. The lots are proposed to be sized at approximately 8 and 63 acres, respectively. No internal streets are proposed. Access to the site will be provided via 4th Avenue. The Engineering Department has reviewed this request for plat approval and has provided comments which have been attached as Exhibit D. Work on this site has commenced. Please refer to Exhibit D, communication from the Engineering Department,for further information regarding the site work Scott County Environmental Health has commented that the area is highly susceptible to ground water contamination. Precautions should be taken to minimize the potential for ground water contamination from materials introduced on the site and from infiltration of contaminated surface water in storm runoff ponds. The City Clerk has commented that trail easements shall be provided through separate document and shall not be indicated on the plat drawings. The Fire Department has commented that the Fire Department connections shall be moved to the north side of the building and that hydrants shall be added to the north side. Alternatives 1. Recommend to the City Council approval of the Preliminary/Final Plat of OPUS MVW, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Payment of park dedication fees shall be deferred to the issuance of building permit. Park dedication fees in effect at the time of building permit issuance shall be applied. iii) Final Construction Plans and Specifications, building construction and locations, as well as sewer and water set-vices must be approved by City Engineer, City Building Official and Shakopee Public Utilities prior to construction. iv) The developer shall provide easements, as required by City Code, including but not limited to, 20 foot perimeter utility easements along all lot lines, with the exception of the southern boundary of Lot 1, Block 1, which shall have a 25 foot perimeter utility easement. v) A trail easement along the 4th Avenue right-of-way shall be provided to the city by separate document. b) The following conditions shall apply after the recording of the Final Plat: i) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from 2 • recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance withrior approval of the City Engineer. P 2. Recommend to the City Council approval of the Preliminary/Final Plat of OPUS MVW with revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat of OPUS MVW. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, a recommendation to the City Council approving the Preliminary/Final Plat of OPUS MVW, subject to conditions. Action Requested Offer a motion recommending to the City Council the approval of the Preliminary/Final Plat of OPUS MVW with conditions. 4d( + I " Arlie Klima Planner II i:\commdev\boas-pc\1999\1104\pfpmvw.doc 3 1 EXH-1 I?:•rr A T-- •- ' ‘\_ZAOIL. _____ . 1. 1 .......ir \ wmatemtui .111 II III 1.1 -.--11.-- \Nam ....______ __., in I ram Iri _.......„ MEM X11 N. V \ all . \ f .�I���„���,�ti���il � dal Sy d ryrIleifts.miin cilli uWmil , uun�ini I ift84,47i0 la� r ello il-I- ON 0 ili cor ‘____W _________ _______ 'I,, IIS, • II 12t Ave. E ' - 1 $94**1-4 . NOY P-1-11-111111111111111111__11 A.$4.e....N1,0.1 is.; OPP IN INN1101__Aimia a moo to oltoiaop -••47.I LILAii.,,.. AMMEI 111 Pli - or EE moo�. I�w � 'i v Ir-..,.._ 4.- l . 5651 , •• 1 1 r• N Pilibil W E SHAKOPEE YrrmesNCIs® S Proposed Preliminary & Final Plat - OPUS [� Zoning.shp Parcels.shp h:\arcview\daily.apr 09/30/99 EM151-- D City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer SUBJECT: OPUS Minnesota Valley West-Preliminary/Final Plat DATE: November 4, 1999 After reviewing the application submittals,I have the following comments for the Planning Department, and for the applicant: When staff first met with the developer of this site, it was determined that they were not legally required to plat the parcel because of the size. The developer indicated at that time that they would not be platting,but would be coming in with individual building permits. Because they needed to connect to City sewer and water, and to the City Street, staff indicated they would not be allowed to connect,until staff approves their construction plans. The applicant did apply for a building permit. As part of this permit, staff has reviewed and approved the connections to the City's existing infrastructure. In addition to staff review, the City used its traffic consultant to analyze the impact the development will have on traffic in the area, and more specifically to 4th Avenue. The layout of accesses, and the proposed use has been approved by the City's consultant. Recommendation Recommend approval of the preliminary and final plat, subject to the following conditions: A) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developers Agreement,which shall include provisions for security for the public improvements, engineering review fees, and other fees as required by the City's Fee Schedule; and 2. Easements shall be added to the Final Plat drawing, as required by City Code for public improvements. B) Prior to construction of public improvements,the applicant shall provide a set of construction drawings per the City's standards. 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I \\\�-`=..... - --_ .w _�.�� /^ III ..�z - `\_- -_=.; - - •__.... -/ I EXCEPTION-- - '�iY, -•� -- \-- _.__'-- _ = \ _��__`—_— `� \Asa•__ L. 1 I .'"` > \ ._ \ � - - \\\`�—_ \———— I I'. v J n r i �.. H • n T. T. L • I S. - —_ rsOSOffa-0ss[1.A 'ronutr —_ _—— ___` _— = _— 1 v \ -- — —ATHIL1n1._o[cS[wa_ _—_ —:ea __..\\ — `_ PARK.....--"42 FIRST n V U 1 1 1 V 1t .w -\ •w. \-- .w •w \ 1111.. •w •w I . • ... •I .w HW Mils ERECTORS 1111:. N19.11.1•'w/ 1999.73 I 56 1 ISCAT[ N PUT I //Sande Land Surveying,LLC. es-14a tits.Kn.SA •n/•s .a[ ..1•.005.0.0 SHEET 2 OF 2 SHEETS CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Residential Platting Moratorium—Proposed Text Amendments MEETING DATE: November 16, 1999 INTRODUCTION: During the last several months, several text amendments have been developed that are intended to address the concerns that gave rise to the imposition of the moratorium. The proposed amendments have been the subject of a continued public hearing before the Planning Commission at its October and November meetings, as well as a joint workshop held Tuesday,November 9, 1999. Because the moratorium is scheduled to expire December 1, 1999,Council is asked to take action on the attached ordinance and ordinance summary. Because of discussion at the November 9th workshop, the draft ordinance does not,however,include a proposal to revise the conditional use permit review process. ALTERNATIVES: 1. Approve the proposed text amendments as presented. 2. Approve the proposed text amendments with revisions. 3. Approve some of the proposed amendments,but denial of others. . 4. Do not approve any of the proposed amendments. 5. Table the amendments for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the proposed amendments as presented. ACTION REQUESTED: Offer and approve the attached ordinance amending City Code Chapter 11. R. Michael Leek Community Development Director i:\commdev\cc\1999\1116\\txtmorat.doc 1 ORDINANCE NO. ,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CITY CODE CHAPTER 11,ZONING THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11, Zoning, is hereby amended by adding the language that is underlined and deleting the language that is trough: Section 11.02 (Definitions) 33. "Dwelling. Single-Family Detached"-A dwelling unit which has open space on all sides and is designed for and occupied exclusively by one family. (delete existing definition number 33) 34. "Dwelling, Single-Family Attached - a dwelling unit sharing one or more common walls with an adjoining dwelling unit.which is designed for and occupied exclusively by one family. and which has separate access to the outdoors. (re-number existing number 34) 36. "Dwelling.Multiple Family" -a dwelling unit which shares one or more common walls, as well, as common ceiling and/or floor with adjoining dwelling unit(s). which is designed for and occupied exclusively by one family. and which does not have separate access to the outdoors. (Delete existing definition number 35, and re-number accordingly) Section 2: That the Zoning Code, Chapter 11, be amended by adding"Single Family Detached Dwellings" as a permitted use to the following zones; • Agricultural Preservation(AG)Zone(Section 11.22); • Rural Residential(RR)Zone(Section 11.24); • Low Density Residential(R-1A)Zone(Section 11.26); • Urban Residential(R-18)Zone(Section 11.28); • Old Shakopee Residential(R-1C)Zone(Section 11.30); • Medium Density Residential(R2)Zone(Section 11.32); and • High Density Residential(R3)Zone(Section 11.34). Section 3: That the Zoning Code, Chapter 11, be amended by adding"Structures containing two attached dwelling units" as permitted uses in the following zones; • Old Shakopee Residential(R-1C)Zone(Section 11.30); 2 • Medium Density Residential(R2)Zone(Section 11.32); and • High Density Residential(R3)Zone(Section 11.34). That the Zoning Code, Chapter 11, be amended by adding"Structures containing two to four attached dwelling units" as permitted uses in the following zones; • Medium Density Residential(R2)Zone(Section 11.32); and • High Density Residential(R3)Zone(Section 11.34). That the Zoning Code, Chapter 11, be amended by adding"Structures containing more than four attached dwelling units" as permitted uses in the following zone; • High Density Residential(R3)Zone(Section 11.34). Section 4. That the Zoning Code, Chapter 11, be amended by adding"Single and Mixed Use Developments which comply with Section 11.50. and have received approval from the City Council" as permitted uses in the following zone; • Low Density Residential(R-1A)Zone(Section 11.26); • Urban Residential(R-1B)Zone(Section 11.28); • Old Shakopee Residential(R-1C)Zone(Section 11.30); • Medium Density Residential(R2)Zone(Section 11.32); and • High Density Residential(R3)Zone(Section 11.34). • Highway Business(B 1)Zone(Section 11.36); • Office Business(B2)Zone(Section 11.38); • Central Business(B3)Zone(Section 11.40); • Light Industrial(Ii)Zone(Section 11.44); • Heavy Industrial(12)Zone(Section 11.46); • Major Recreation(MR)Zone(11.42); and • Business Park(BP)Zone. Section 5. That the Zoning Code, Section 11.60(Performance Standards), Subd. 7 be amended by adding the following language; Screening Standards: H. Benning at a minimum height of 4 feet, with overstory deciduous and coniferous landscaping units shall be provided for 1) residential properties which adjoin existing or proposed residential developments with higher densities, commercial, industrial, or that abut collector and/or arterial roadways, and 2)higher density residential, commercial, or industrial developments that abut existing residential development. Section 6., That the Zoning Code, Chapter 11, be amended by adding Section 11.35, Neighborhood Commercial as follows; 3 SEC. 11.35. Neighborhood Commercial(N-C) Subd. 1. Purpose. The purpose of the Neighborhood Commercial zone is to provide areas for the development of low-intensity, service-oriented uses for surrounding the immediate residential areas. "Immediate residential areas are understood to be those that are generally within five(5) minutes walking distance of a neighborhood commercial area. Subd. 2. Permitted Uses. Within the Neighborhood Commercial zone, no structure or land shall be used except for one or more of the following uses: A. retail; B. administrative, executive, and professional offices; C. medical or dental clinics; D. services; E. public buildings. Subd. 3. Uses Permitted with a conditional use permit. Within the Neighborhood Commercial zone, no structure or land shall be used for any of the following uses except after approval of a conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. restaurants, class II; E. gas stations; r F. bed and breakfast inns; G. uses having a drive-up or drive-through window H. funeral homes; I. day care facilities; J. relocated structures; K. developments containing more than one principal structure per lot; 4 L. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the Neighborhood Commercial zone the following uses shall be permitted accessory uses: A. Any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; E. other accessory uses customarily appurtenant to a permitted or conditional use, as determined by the Zoning Administrator. Subd. 5. Design Standards. A. Mmimum lot area: 1 acre B. Maximum impervious surface coverage: 75% C. Lot specifications: Minimum lot width: 100 feet Building setbacks: minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zone: 50 feet Maximum height: 35 feet Dumpsters, trash handling equipment, and recycling equipment shall be stored within the principal structure, or within a fully enclosed accessory structure constructed of the same materials as the principal structure. Exterior lighting fixtures shall be of downcast, cutoff type. 5 Pg arkin g or drive aisle setbacks: minimum sideY and setback: 10 feet minimum rear yard setback: 10 feet minimum side or rear yard setback from residential zone: 20 feet Subd. 6. Construction Materials. In the neighborhood commercial zone only the following materials may be used for the exterior finish of any principal or accessory building: face brick, stone, glass, decorative concrete block, architecturally treated concrete, cast in place or precast concrete, stucco, and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but only as an accent, trim or frame, and not as siding for a substantial portion of any building facade. Section 7. That the Zoning Code, Chapter 11,be amended by adding Section 11.37. Community Commercial as follows; SEC. 11.37. Community Commercial(CC) Subd. 1. Purnose. The purposes of the community commercial zone are: • to provide areas that allow the concentration of general commercial development for the convenience of Shakopee residents and the greater Shakopee trade area; • to provide space for larger community facilities and institutions that may be appropriately located in commercial areas; • to provide adequate space to meet the parking spaces, loading, and traffic management needs of larger scale commercial development. Subd. 2. Permitted Uses. Within the community commercial zone, no structure or land shall be used except for one or more of the following uses: A. retail; B. administrative, executive, and professional offices; C. medical or dental clinics; D. restaurants, Class I E. showroom facilities; F. medical or dental clinics; G. services; 6 H. public buildings. Subd. 3. Uses Permitted with a conditional use permits Within the Neighborhood Commercial zone, no structure or land shall be used for any of the following uses except after approval of a conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. restaurants, class II; E. gas stations; F. hotels and motels; G. uses having a drive-up or drive-through window H. funeral homes; I. day care facilities; J. vehicle sales, service and repair K. relocated structures; L. developments containing more than one principal structure per lot; M. Structures taller than 45 feet in height; N. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Uses Permitted by PUD. A. Retail centers, B. Multiple family dwellings Subd. 5. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: 7 A. Any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; E. other accessory uses customarily appurtenant to a permitted or conditional use, as determined by the Zoning Administrator. Subd. 6. Design Standards. D. Minimum lot area: 1 acre E. Maximum impervious surface coverage: 75% F. Lot specifications: Minimum lot width: 100 feet Building setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 50 feet minimum side or rear yard setback from residential zone: 100 feet Maximum height: 35 feet Dumpsters, trash handling equipment, and recycling equipment shall be stored within the principal structure, or within a fully enclosed accessory structure constructed of the same materials as the principal structure. Exterior lighting fixtures shall be of downcast, cutoff type. parking or drive aisle setbacks: minimum side yard setback: 20 feet minimum rear yard setback: 20 feet minimum side or rear yard setback from residential zone: 100 feet Subd. 7. Construction Materials. In the neighborhood commercial zone only the following 8 materials may be used for the exterior finish of any principal or accessory building: face brick, stone, glass, decorative concrete block, architecturally treated concrete, cast in place or precast concrete, stucco, and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but only as an accent, trim or frame, and not as siding for a substantial portion of any building facade. Section 8. That the Zoning Code, Chapter 11, be amended by adding Section 11.33. Planned Residential District(PRD)as follows; SEC. 11.33. Planned Residential District Subd. 1. Purnose. The purpose of the Planned Residential District(PRD)is to provide areas for the mixed-use development; including single-family detached, medium-density, and high-density residential, as well as compatible neighborhood commercial and service uses. By allowing mixed- use development, the PRD provides a mechanism for providing a range of housing types and easy accessibility to services either within a single development or area of the City of Shakopee. Subd. 2. Permitted Uses. Within the Planned Residential District, the following shall be permitted uses. A. single family detached dwellings; B. two(2)family dwellings; C. public recreation; E. utility services; F. day care facilities servicing twelve(12) or fewer persons; G. public buildings H. group family day care facilities serving fourteen(14)or fewer children; I. residential facilities serving six(6) or fewer persons; J. adult day care centers subject to the following conditions: The adult day care centers shall: 1. serve 12 or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 9 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a) hallways, stairways, closets, offices, restrooms, and utility and storage areas; b) more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or c) in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; and i) comply with all other State licensing requirements. Subd. 3. Uses Permitted with a Conditional Use Permit. Within the Planned Residential District, the following uses of structures or land may be allowed with conditional use permit approval: A. medium density residential development as allowed under City Code Sec. 11.32, Medium Density Residential Zone, and according to the design standards contained therein; B. multiple family residential development as allowed under City Code Sec. 11.34 and according to the design standards contained therein; C. neighborhood commercial development as allowed under City Code Sec. 11.35 and according to the design standards contained therein; D. clinics; E. nursing homes; F. churches and other places of worship; G. public or private schools H. relocated structures; I. structures over two and one-half(2 '/2) stories or thirty-five(3 5)feet in height; 10 J. relocated structures; K. developments containing more than one principal structure per lot; L. developments containing more than one permitted use and/or use permitted with site plan approval; M. day care facilities serving thirteen(13)or more persons; N. residential facilities servicing from seven(7)through sixteen(16)persons; O. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the Planned Residential District the following uses shall be permitted accessory uses: A. Any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; E. other accessory uses customarily appurtenant to a permitted or conditional use, as detennined by the Zoning Administrator. Subd. 5. Design Standards. Except as otherwise provided above, design standards in the Planned Residential District shall be as found in City Code Sec. 11.28,Urban Residential Zone(R-1B) Section 8. —Ordinance Summary. Section 1 of the ordinance amends the definitions of"dwelling, single-family detached;" "dwelling, single-family attached;" and"dwelling, multiple family." Section 2 adds"Single-family detached dwellings" as permitted uses in the AG,RR, R- 1A, R-1B, R-1C,R2, and R3 zoning districts. Section 3 adds additional permitted residential uses to several residential zoning districts. Section 4 clarifies that mixed use developments are permitted in the City's zoning districts when they comply with Section 11.50 of the City Code. 11 Section 5 adds additional screening standards. Section 6 adds a new commercial zoning district called Neighborhood Commercial(NC). Section 7 adds a new commercial zoning district called Community Commercial(NC). Section 8 adds a new district called Planned Residential District(PRD). Section 9 --Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1999. 12 / 13, C o ills CA/ / CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: Julie Klima,Planner II SUBJECT: Final Plat of Pheasant Run 3rd Addition DATE: November 16, 1999 Discussion Pheasant Run of Shakopee, LLP is requesting Final Plat approval of Pheasant Run 3rd Addition. The subject site is generally located north of Valley View Road and east of the Prairie Village development. A copy of the November 4, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Pheasant Run 3rd Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Pheasant Run 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Pheasant Run 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Plannins Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Pheasant Run 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5274, a Resolution Approving the Final Plat of Pheasant Run 3rd Addition, subject to conditions, and move its approval. Julie Khm Planner II is\cdeAcc\1999\cc11164phwn3.doc RESOLUTION NO.5274 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF PHEASANT RUN 3RD ADDITION WHEREAS,Pheasant Run of Shakopee,LLP is the applicant and owner of said property;and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot A, Pheasant Run 2nd Addition, Scott County,Minnesota WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Pheasant Run 3rd Addition on November 4, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Pheasant Run 3rd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 3. Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities prior to construction. 4. The developer shall provide easements, as required by City Code. 5. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. B. The following conditions shall apply after the recording of the Final Plat: 1. No building permits shall be issued for any of the proposed outlots until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. 2. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Jon P.Brekke,Mayor of the City of Shakopee ATTEST: Judith S.Cox,City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner II SUBJECT: Final Plat of Pheasant Run 3rd Addition MEETING DATE: November 4, 1999 APPLICATION DATE and REVIEW PERIOD DEADLINE: September 21, 1999-November 20, 1999 Site Information Applicant: Pheasant Run of Shakopee,LLP Location: North of Valley View Road and east of Prairie Village Development Current Zoning: Urban Residential(R-1B)Zone Adjacent Zoning: North: Agricultural(AG) South: Valley View Road/Rural Residential(RR) East: Agricultural(AG) West: Agricultural(AG)/Urban Residential(Rl-B) 1995 Comp.Plan: Single-Family Residential Area: 30.84 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Pheasant Run Third Addition Final Plat Map Introduction Pheasant Run of Shakopee, LLP is requesting Final Plat approval of Pheasant Run Third Addition. The property is located north of Valley View Road and east of the Prairie Village plat(Exhibit A). Considerations 1. The Preliminary Plat for Pheasant Run Addition was recommended for approval by the Planning Commission on May 7, 1998, and approved by the City Council on June 2nd, 1998. The Final Plat for the third phase is in substantial conformance with the approved prel'uninary plat(Exhibit B). 2. The entire Pheasant Run plat proposes 263 single-family lots within 105.9 acres,to be developed in five phases. The first and second phases consisted of 61 and 68 platted lots, respectively. The third phase consists of 49 lots. Therefore, 85 lots remain for the two future phases. 3. Oudot A of the first addition was dedicated as park land in lieu of park dedication fees. Alternatives 1. Recommend to the City Council approval of the Final Plat of Pheasant Run Third Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iii) Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Building Official and Shakopee Public Utilities prior to construction. iv) The developer shall provide easements, as required by City Code. b) The following conditions shall apply after the recording of the Final Plat: i) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ii) No building permits shall be issued for any of the proposed outlots until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. iii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend to the City Council approval of the Final Plat of Pheasant Run Third Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Final Plat of Pheasant Run Third Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. 2 Staff Recommendation Staff recommends Alternative No. 1, a recommendation to the City Council approving the Final Plat of Pheasant Run Third Addition, subject to conditions. 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Z L Nn ,�I 1 Y• i ,•t f)O +/-tic k-r7� Pi U) 2-y�ZCSk- '.— J —� {� 9 �. • }f U J� r. v ).1",3. z -< o o nl ?nl F •l i._ o_,r'1 n,tl{r 2n � o ... z ',-.-eJ uC1C 1 � 1:{� i z'n hx.-Dt{m{�G` e' -° I'chi -► C .'l� 1.Vi p )n1 U J-1 1.O I. l ii y' �?• 10 '1 I 4,1 az UO-9•'.i A C V p S m .� -f q z n rn�O>;N Z p ) t^� 1nz;iny v 2 • ;•:1 • ji(1-4 `1 pi � P :.; • Si ::: • i CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Planning Commission Vacancies MEETING DATE: November 16, 1999 INTRODUCTION: As a result of his recent election to the City Council, Gary Morke has submitted his resignation from the Planning Commission effective at the end of the commission's November 4th meeting. A copy of Mr. Morke's letter is attached for the Council's information. In the near future(i.e. February 28, 2000)the terms of Commissioners Mary Romansky and Michael Willard will expire. Because in recent years it has been somewhat difficult to get candidates for boards and commissions, Council is asked to consider whether to maintain the Commission as a 7-member board, or reduce its size to 5-members. In the event that the Council chooses to maintain the Planning Commission as a 7-member board, Council is asked to authorize staff to advertise the current vacancy. ALTERNATIVES: 1. Direct staff to advertise to fill the position on the Planning Commission vacated by Mr. Morke. 2. Provide direction to staff regarding reducing the size of the Planning Commission to 5 members in the future. 3. Table the item for additional information. ACTION REQUESTED: Two actions are requested. First, is a motion to accept the resignation of Gary Morke from the Planning Commission. Second, offer and pass a motion consistent with the Council's desire and direction. //c R. Michael Leek Community Development Director VACPC.DOC e PA/911 Memo To: President—Planning Commission From Gary C Morke CC: Mayor—City of Shakopee Date: 11/04/99 Re: Resignation from Commission Due to my recent election to the Shakopee City Council, I am tendering my resignation as planning commissioner effective after the meeting of November 41999. I feel that separation between the two jobs would be in the best interest of the City. Thank you for the opportunity to serve and learn on the planning commission. I am looking forward to help bridge some of the differences between the council and the commission. I , aryC.M. e •Page 1 15 CITY OF SHAKOPEE Memorandum { '' - TO: Mayor and City Council Mark McNeil, City Administrator FROM: Jared Andrews,Planner I SUBJECT: Revised date for considering vacation of a portion of Lewis Street Right-of-Way DATE: November 16, 1999 Introduction On November 3, 1999, the City Council approved Resolution No. 5262 setting a December 7, 1999 public hearing date to consider the vacation of Lewis Street north of Mound Street in the P&V 2nd Addition. Since the Planning Commission is meeting once a month and won't have an opportunity to review this item until December 9th, the public hearing needs to be scheduled for December 21, 1999, rather than December 7th. Action Requested Offer Resolution No. 5268, A Resolution Setting the Public Hearing Date to Consider the Vacation of a portion of Lewis Street, and move its adoption. Jared Andrews Planner I i:\commdevkc\1999\cc1116\vacmonnn.doc RESOLUTION NO.5268 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF LEWIS STREET RIGHT-OF-WAY IN THE P&V 2ND ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the portion of Lewis Street north of Mound Street in the P& V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota, 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. 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. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that Resolution No. 5262 is hereby rescinded and that a hearing be held in the Council Chambers on the 21st day of December, 1999, at 7:00 P.M. or thereafter, on the matter of vacating the portion of Lewis Street which is north of Mound Street and all in the P&V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 041*/# 4 • od - w• - AWNS linit** ammen.mmok _ onrciampi moinTi• awl • p amaal mosasstes amm . „ ;NED lit =CCC° sw - - E Proposed Vacation of Easement Parcels.sM1p is: /9. 3. CITY OF SHAKOPEE CONS I= A/ T' Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews,Planner I SUBJECT: Initiating the Vacation of Easement DATE: November 16, 1999 Introduction The attached Resolution No. 5269 sets a public hearing date to consider the vacation of easements. The requested vacation is for easements located within the Westridge Lake Estates and Westridge Lake Estates 2nd Addition subdivisions. A property sketch and legal description of the proposed vacation is attached with the resolution. Discussion The City received a petition for the vacation of easement from Steve Perlich and Westridge Bay Co., property owners of the two parcels involved. The attached resolution sets a public hearing for December 21, 1999. 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 consideration. The proposed vacation is requested due to an encroachment of a septic system. The applicant has submitted an application for Mawr Subdivision to move the lot line and a new easement will be required along the new lot line prior to recording the Minor Subdivision. Action Reauested Offer Resolution No. 5269, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easement within Westridge Lake Estates and Westridge Lake Estates 2nd Addition, and move its adoption. Jared D. Andrews Planner I Bcommdevloc\1999\cc1116\vac' sfr.doc RESOLUTION NO.5269 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENT WITHIN WESTRIDGE LAKE ESTATES AND WESTRIDGE LAKE ESTATES 2ND ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that easements dedicated with Westridge Lake Estates and Westridge Lake Estates 2nd Addition, City of Shakopee, County of Scott, State of Minnesota, serve 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. 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. 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 21st day of December, 1999, at 7:00 P.M. or thereafter, on the matter of vacating easements within Westridge Lake Estates and Westridge Lake Estates 2nd Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Z. ! i -,1- \ O'Dowd Lake I ` � 0 4/1OW RR .7--- III i AG tioi Ilk PA.' M16 Al . RR 07 AG in" 4,1 0 1 I iivi' 4 *title\.• RR ul S C.S.A.H. 14 'S' Wiry AG RR 44 \ ) \ , N PlialAl ,i, W (- E SHAKOPEE s COMMUNFIY PRIDE SINCE 1857 Proposed Vacation of Easement 0 Zoning.shp Parcels.shp 11/9/99 3- Description Sketch For: STEVE PERLICH v 90 , gi•p O (, J / \ , J -1 i ?,2.`9> D �� \, \ - �\pG c- tiLk c 0 cP ��j�� �(g of 15 • ° '' �\ �s� . oa1J GOf � ` \ F \' t. 0e— vI "� 7 ` ttP \ \ l�O',,,.::::-,, 9CF `\ \ F o P` 9(' \ O \ 0 �� �(S v� y�p �{Ir< Fp fiF \ •n \ 7 3 v� o.\ \\ ' , J �9� A 04,4 2,�i,.t �' R �aq \ \ SCP \ J l , oc`�l ���6' -, ��i C \'K 2 \\,O O \� lJ 9f��� o� r, �\ �ti B ,w ,..- vs',,./i)-\ ; ssT') ''-r"1'`• _ EASEMENT TO /'/ o c� \ \ L 0 T 9 c<, t-Y �`.tr 8E VACATED /' 0 O \ �1" A o moi\ \ \ psFti� 1y2 , ao \ B L 0 \ o \\\ //// 222�y�4"oj� , \ a\\ oy��1 °E Proposed legal description to vacate a drainage and utility easement All that part of Lot 1, Block 6, WESTRIDGE LAKE ESTATES FIRST ADDITION and that part of Lot 5, Block 2, WESTRIDGE LAKE ESTATES SECOND ADDITION, according to the recorded plats thereof, Scott County, Minnesota, lying 10.00 feet left of as measured at right angles to and parallel with and 10.00 feet right of as measured at right angles to and parallel with the following described line: Beginning of the northeast corner of said Lot 1; thence on on assumed bearing of South 38 degrees 38 minutes 30 seconds East, along the northeasterly line of sold Lot 1, a distance of 316.03 feet, to the southeasterly corner of said Lot 1 and there terminating. Except that part thereof lying within the southeasterly 10.00 feet of said Lots 1 and 5. 1 Inch = 50 Feet 2422 Enterprise Drive * * Mendota Heights, MN 55120 4.it4( *4,PIONEER (651) 681-1914 FAX:681-9488 itLAND SURVEYORS•aNL ENGINEERS E—mail: PIONEERENG.COM *engineering LAND PLANNERS. LANDSCAPE ARCHITECTS 625 Highway 10 N.E. *4, ** Blaine, MN 55434 (612) 783-1880 FAX:783-1883 SHEET 2 OF 3 SHEETS E—mail PIONEER2(SPRESSENTER.COM 199518501 Io1NoI 1q951° no 1-cq 1 „ Description Sketch For: STEVE PERLICH s to �� tis \,PQ°9,ti 0?�:9� / D.� \\ --- / (: '- \ A. --C ‘ 01' 0\ - o/ r- \ 7f (-\ J t. G IX • \ 4- cop ;�Q'L?' // 0o v v -\\ \\ 0 560 // ;=N s�2F,, () 3 \ i/c � o/// 4:1/4): JD�/,y� .i \\ F ( \ g0 ,O\ �� c 1 ;� SOI, A \ 00 '12 \\ �.6", \ \ \ •Ar \ A x \ 0 \ 5 \ v L 0 vv \ cJ <: -- 'LIT \ ( v \ �\4 S \`\ 1 r` tt� PROPOSED DRAINAGE 0- \ ' 4 J 0 , AND UTILITY EASEMENT 2 \\ c ` O \ -. \�`� J rJ \ OA,"'i , o, L 0 0 K \N J /n \ y, \ L 0 / r- \ \ L 0 C K > `:,< 6it,53 o v B N V / \ Zy \ et \5° 56 Proposed legal description for a drainage and utility easement. A 20.00 foot wide easement for drainage and utility purposes lying over, under and across Lot 1, Block 6, WESTRIDGE LAKE ESTATES FIRST ADDITION and Lot 5, Block 2, WESTRIDGE LAKE ESTATES SECOND ADDITION, according to the recorded plats thereof, Scott County, Minnesota, the centerline of said easement Is described os follows: Beginning at the northeast corner of said Lot 1; thence on an assumed bearing of South 38 degrees 38 minutes 30 seconds East, along the northeasterly line of said Lot 1, a distance of 125.00 feet; thence South 29 degrees 38 minutes 05 seconds East, a distance of 186.31 feet, to the southeasterly line of said Lot 1 and there terminating. 11 1 Inch = 50 Feet 2422 Enterprise Drive 4,4' * Mendota Heights, MN 55120 • *PIONEER (651) 681-1914 FAX:681-9488 Jr er LAND SURVEYORS•CIVIL ENGINEERS E-mail. PIONEERENO COM *ang neng LAND PLANNERS. LANDSCAPE ARCHITECTS 625 Highway 10 N.E. ** ** Blaine, MN 55434 (612) 783-1880 FAX:783-1883 SHEET 3 OF 3 SHEETS E-mail PIONEER2®PRESSENJER.COM 199518501 nWGI 1991q q -- 139 I Description Sketch For: STEVE PERLICH 6. +45,„ �Pti oO��.ti :"°"\ \,o `�O�R ��1Ci1rL h F i \ J 6: „.. ..,-F r• -s- .-- 'a- G`i \ , F ��N.E. ti 0 ,- O COR. OF LOT1!BLK 6 ---- . I of s'- \ Rte. J !.1D ,gyp, / �-yp. \ �°�VV oGJ07'� ��// �(P\ \\ `,, nj `'s-4 J \\ 1\ o ti `� l\ \'VSs,Fe c: `-' \ / I ``„.°_,--7---- ( / QS\ \t�L` J �/ \ ----c-- \ \ °T \ 3° ��,`roo\o;`\� PARCEL A \\\ �� \ \ .,,\ \\ so \\\ `\ \\\ LOT 5 \ \ i/J�\ \ �) <: 1.\\\ \ �L^^ C,� ,\ \ -5• ,.- r;, �o\ \ o. \ \ 0P.\\ 2 \ �► vt \ tS\, \ � �-O, C \,,0 O �� v.".- ,--‘, PARCEL B \ ° O oc \ , � nJ \ X1,1 F— Nv �\ \ c-- oo \ LO T \ \ 0,3 , NO \ B L O 1. \� _\„,..,-__. N6��� No \ L �o 0 , °o \\ 7.1,::,_0.!) ° \\ — 1912Y, \\ "� SNE°,��11 Inch = 50 Feet \ ° 0 ��01 SE'- PARCEL A AREA= 52,476 sq. ft. 1.29 acres . ; St) PARCEL B AREA= 53,418 sq. ft. 1.23 acres 30 Proposed legal description for Parcel A Lot 5, Block 2, WESTRIDGE LAKE ESTATES SECOND ADDITION, according to the recorded plot thereof, Scott County, Minnesota. Together with: All that part of Lot 1, Block 6, WESTRIDGE LAKE ESTATES FIRST ADDITION, according to the recorded plat thereof, said Scott County, lying northeasterly of the following described line and its southeasterly extension: Commencing at the northeast corner of said Lot 1; thence on on assumed bearing of South 38 degrees 38 minutes 30 seconds East, along the northeasterly line of said Lot 1, a distance of 125.00 feet, to the point of beginning of the line to be described; thence South 29 degrees 38 minutes 05 seconds East, a distance of 186.31 feet, to the southeasterly line of said Lot 1 and there terminating. Proposed legal description for Parcel B Lot 1, Block 6, WESTRIDGE LAKE ESTATES FIRST ADDITION, according to the recorded plat thereof, Scott County Minnesota, except that port thereof lying northeasterly of the following described line and its southeasterly extension: Commencing at the northeast corner of soid Lot 1; thence on an assumed bearing of South 38 degrees 38 minutes 30 seconds East, along the northeasterly line of said Lot 1, a distance of 125.00 feet, to the point of beginning of the line to be described; thence South 29 degrees 38 minutes 05 seconds East, a distance of 186.31 feet, to the southeasterly line of said Lot 1 and there terminating. THIS SURVEY DOES NOT PURPORT TO SHOW THE EXISTENCE OR NON-EXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND. EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO STEVE PERLICH THAT THIS SURVEY,PLAN OR REPORT WAS PREPARED BY ME, •' 5 DER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER E/ OF THE STATE OF , • OTA, DATED THIS 18TH DAY OF OCTOBER, 1999. SIGN!:: PIONEER ENGINEER G . B ♦vt E' John C.Larson,Land Surveyor Minnesota License No. 19828 2422 Enterprise Drive * * Mendota Heights, MN 55120 *PIONEER (651) 681-1914 FAX:681-9488 * LAND SURVEYORS•cm.ENGWEERs E-mail: PIONEERENG.COM *engineering LAND PLANNERS• LANDSCAPE ARCHITECTS 625 Highway 10 N.E. I * Blaine, MN 55434 *�' (612) 783-1880 FAX:783-1883 E-mail PIONEER24PRESSENTER.COM 199518 n1 nWHH SHEET 1 OF 3 SHEETS 1nnrio nn 1-4n 1 ., • MEMORANDUM TO: Mayor and City Council, City of Shakopee, Minnesota FROM: Jim Thomson, City Attorney DATE: November 16, 1999 RE: EAW Petition The City has received a petition for an EAW for the property located in the southeast quadrant of Highway 169 and County Road 83. The petition describes the project as "a commercial project consisting of approximately 300+ acres." The EQB has determined that the City is the Responsible Governmental Unit ("RGU") and therefore the City must now act on the petition. Upon receipt of the petition, the City has 15 days to act on it. The City has the discretion to extend this time by an additional 15 days. The City must order the preparation of an EAW if the evidence demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. Within five days after making its decision,the City must notify the EQB in writing of its decision. The state rules provide that once a petition for an EAW has been filed "a project may not be started and a final governmental decision may not be made to grant a permit, approve a project, or begin a project" until the permit has been dismissed or the environmental review process has been completed. The state rules also provide that if an RGU cannot act on the petition because the proposer of a project has not filed an application with the RGU for the project, the petition remains in effect for one year after it was filed with the EQB. During this one-year period, work cannot start on any project that is substantially similar to the one described in the petition. The City's options are as follows: 1. Order the preparation of an EAW if the evidence presented by the petitioners, the project proposer, and any others demonstrates that, because of the nature or location of the project, the project may have the potential for significant environmental effects. 2. Deny the petition if the evidence presented fails to demonstrate that the project may have the potential for significant environmental effects. 3. Keep the petition on file for up to one year if the City determines that it cannot act on the petition because it does not have sufficient information about the project since no permit application has been filed for the project. I have discussed this matter with the City Administrator and Community Development Director. Because the state rules clearly contemplate that the petitioners, the project proposer, and others have opportunity for input on the City Council's decision, we recommend that action on the petition be placed on the agenda for the next City Council meeting. This will require the City to extend the initial 15-day review period by an additional 15 days. HT-171943v1 SH155-23 J5 61 ‘11 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Discussion of the City's Shoreland and Park Dedication Ordinances and Requirements MEETING DATE: November 16, 1999 INTRODUCTION: Staff has been asked to provide the Council with information about the City's ordinances related to shoreland and park dedication for Council's use in a discussion regarding whether to direct further amendments to those code provisions. Attach for the Council's information are copies of 1)the previous shoreland regulations(Exhibit A),2)the current shoreland regulations(iincluding the amendment approved in 1999,Exhibits B and C),and 3)the current park dedication ordinance(Exhibit E). DISCUSSION: SHORELAND As can be seen from the attached ordinances, the shoreland overlay provisions that were in effect until 1997 were brief. The ordinance provided that permitted, conditional, and accessory uses, as well as design standards were as described in the regulations for the underlying zoning district. At page 1277, the previous ordinance did address alteration of vegetation, but did not define the "shore impact zone." The shoreland ordinance adopted in 1997 is based on the most recent DNR model ordinance, which is more restrictive than the City" previous shoreland ordinance. Among other things, the new ordinance defines a"shore impact zone"within which only very limited vegetation alteration is allowed. That zone is 1/2 the structure setback(e.g. in the case of Dean Lake, the shore impact zone is 75 feet from the Ordinary High Water Mark). The size of the shore impact zone may me one item the Council wishes to discuss. In 1999 that ordinance was amended by Ordinance No. 537. The changes included: • Raising the lowest floor level from one to three feet above the highest know water level, • Established additional setback and screening requirements for uses in the district that do not have water-oriented needs, • Prohibited mining uses in the shoreland overlay district, • Made industrial uses an explicit conditional use in the shoreland overlay zone. PARK DEDICATION In 1997 the Council adopted a new park dedication ordinance(Exhibit D). In general, the ordinance provides that the City may take land dedication equal to 10% of the undeveloped land. (Ord. 489, Sec.1.2 j.) That provision provides a mechanism for the City to make an adjustment to that dedication in the event that the land to be dedicated has a greater fair market value than land in the rest of the plat. Item"n" sets forth the methods for determining fair market value. In addition, item"m" allows the City to elect to receive a combination of cash, land, or development land. The amount to be taken in cash is set each year by the City Council, and is currently $3,880.00 per acre for commercial and industrial land. ACTION REQUESTED: Provide staff with any direction regarding potential amendment of the shoreland and park dedication regulations that the Council deems appropriate. 27‘c -eg-e- te R. Michael Leek Community Development Director i:\commdev\cc\1999\1116\\shorelan.doc 2 E 4I 131T A § 11.54 SEC. 11.54. SHORELAND OVERLAY ZONE (SH). Subd. 1. Purpose. The City recognizes the consequences to the public health, safety and general welfare from the indiscriminate use of the shorelands of public waters. The purpose of the shoreland overlay zone is to control the density and location of developments in the shorelands of the public waters of the City in order to preserve water quality, enhance the natural characteristics of the shorelands and provide for the wise use of public waters and related land resources in the City. Subd. 2. Areas Covered. A. The regulations of the shoreland overlay zone shall apply to all lands within 1000 feet of the ordinary high water level of the following public waters or as mapped,whichever is less restrictive: Name of Lake Classification Dean Lake Natural Environment O'Dowd Lake Recreational Development Unnamed (#70-80) Natural Environment B. The regulations of the shoreland overlay zone shall apply to all lands within 300 feet of the following tributary streams or as mapped, whichever is less restrictive: Eagle Creek Subd. 3. Permitted Uses. Within the shoreland overlay zone, no structure or land shall be used except for one or more of the uses permitted in the underlying zone. Subd. 4. Conditional Uses. Within the shoreland overlay zone, no structure or land shall be used for the following uses except by conditional use permit: A. any use allowed by conditional use permit in the underlying zone; or B. boathouses. A boathouse is a structure used solely for the storage of a boat or boating equipment. Subd. 5. Permitted Accessory Uses. Within the shoreland overlay zone, permitted accessory uses are limited to the accessory uses allowed in the underlying zone. Subd. 6. Design Standards. Within the shoreland overlay zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: as specified in the underlying zone, except as modified below. minimum lot area for riparian structures: residential structures with sewer on natural environment water bodies: 40,000 square feet page revised in 1995 1275 § 11.54 residential structures without sewer on natural environment water bodies: 80,000 square feet residential structures with sewer on recreational development water bodies: 20,000 square feet residential structures without sewer on recreational development water bodies: 40,000 square feet minimum lot area for non-riparian structures: residential structures with sewer on natural environment water bodies: 20,000 square feet residential structures without sewer on natural environment water bodies: 80,000 square feet residential structures with sewer on recreational development water bodies: 15,000 square feet residential structures without sewer on recreational development water bodies: 40,000 square feet B. Impervious surface percentage: as specified in the underlying zone. C. Lot specifications: as specified in the underlying zones,with these additional setback requirements: minimum lot width at shoreland building line and ordinary high water level: residential structures with sewer on natural environment water bodies: 125 feet residential structures with sewer on recreational development water bodies: 75 feet residential structures with sewer on tributary streams: 75 feet residential structures without sewer on natural environment water bodies: 200 feet residential structures without sewer on recreational development water bodies: 150 feet residential structures without sewer on tributary streams: 100 feet The shoreland building line is a line parallel to a lot line or the ordinary high water level at the required setback, whichever is more restrictive, and beyond which neither a structure nor a sanitary facility may extend. Minimum setback from top of bluff: 30 feet peps revised in 1995 1276 § 11.54 Minimum setback from ordinary high water level on natural environment water bodies: 150 feet Minimum setback from recreational development water bodies: any structure with sewer: 75 feet any structure without sewer: 100 feet Minimum setback from ordinary high water level on tributary streams: any structure with sewer. 50 feet any structure without sewer: 100 feet Minimum setback for an individual sewage treatment system from ordinary high water level: any structure on natural environment water bodies: 150 feet any structure on recreational development water bodies: 75 feet any structure on tributary streams: 75 feet Minimum setback for roads and parking facilities: where feasible, all roads and parking facilities shall meet the setback requirements established for structures in this Chapter. In no event shall a road or parking area be placed less than 50 feet from the ordinary high water level or within the shore impact zone, whichever is more restrictive. Subd. 7. Additional Requirements. A. Roads and Parking Facilities. Roads and parking facilities shall be located to retard the runoff of surface waters and nutrients. Natural vegetation or other natural materials shall be used to screen roads and parking facilities when viewed from public waters. B. Elevation of Lowest Floor. Structures shall be placed at an elevation so that the lowest level, including the basement, is a minimum of three feet above the ordinary high water level or the highest water level, whichever is greater. C. Shoreland Alterations. Alteration of vegetation or topography is prohibited unless conducted in such a manner as to prevent soil erosion, preserve shoreland aesthetics, preserve historic sites, prevent bank slumping, and protect fish and wildlife habitat. Vegetation alteration necessary for the construction of structures and individual sewage treatment systems or for the construction of roads and parking facilities shall be exempt from the vegetation alteration standards of this subdivision. Removal or alteration of vegetation, except for agricultural and forest management uses, shall be subject to the following standards: 1. Intensive vegetation clearing within the shore impact zone is prohibited. page revised in 1995 1277 § 11.54 2. In the shore impact zone, limited clearing of trees and shrubs, and cutting, pruning, and trimming of trees may occur to provide a view to the water from the principal dwelling and to accommodate the placement of permitted accessory structures, provided that: a. the screening of structures and vehicles, as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; and b. along tributary streams, existing shading of water surfaces is preserved. Notwithstanding the above, the removal of diseased trees, trees seriously damaged by storms or other acts of God, and limbs or branches that are dead, diseased, or pose safety hazards, shall be permitted. D. Stormwater Management. 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters wetlands and public waters that are designated on the protected waters inventory maps prepared under Minnesota Statutes Section 103G.201. Development shall be planned and constructed in a manner which will minimize the extent of disturbed areas, runoff velocities, and erosion potential; and reduce and delay runoff volumes. Disturbed areas shall be stabilized and protected as soon as possible and facilities or methods shall be used to retain sediment on the site. 2. When development density, topographic features, and soil and vegetation conditions are not sufficient to handle stormwater runoff adequately using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. E. Agricultural and Excavation Standards. 1. Agricultural uses shall be permitted if steep slopes and shore impact zones are maintained in permanent vegetation. The shore impact zone for parcels with permitted agricultural uses shall be the area within a line parallel to and 50 feet from the ordinary high water level. 2. Mining uses shall be conducted in accordance with the requirements of Sec. 11.52 of this Chapter. Processing machinery is subject to the setback requirements for structures. (Ord. 149,August 30, 1984; Ord. 162, March 28, 1985; Ord. 219, July 2, 1987; Ord. 264, May 26, 1989; Ord. 272, August 25, 1989; Ord. 377, July 7, 1994) SEC. 11.55. Reserved. page revised in 1995 1278 LXH 1 NT 15 §11.54 SEC. 11.54. SHORELAND OVERLAY ZONE (SH). (Deleted, Ord. 500; Added, Ord. 500, November 13, 1997) Subd. 1. Statutory Authorization and Policy. A. Statutory Authorization. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. B. Policy. The uncontrolled use of shorelands of Shakopee, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The City of Shakopee, Minnesota, hereby recognizes this responsibility. Subd.2. General Provisions and Definitions. A. Jurisdiction. The provisions of this Section shall apply to the shorelands of the public water bodies as classified in Subdivision 4 of this Section. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities or twenty-five (25) acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Section. B. Compliance. The use of any shoreland of public waters;the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems,the grading and filling of any shoreland area;the cutting of shoreland vegetation;and the subdivision of land shall be in full compliance with the terms of this Section and other applicable regulations. C. Enforcement. The Zoning Official is responsible for the administration and enforcement of this Section. Any violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this Section can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subdivision 3 A of this Section. page revised in 1997 1275 §11.54 D. Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. E. Severability. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this Section unconstitutional or invalid, the remainder of this Section shall not be affected thereby. F. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. All other sections inconsistent with this Section are hereby repealed to the extent of the inconsistency only. G. Definitions. Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application. For the purpose of this Section, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 1. "Accessory structure" or "facility": any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 2. "Bluff": A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for fifty(50) feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; b. The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody; c. The grade of the slope from the toe of the bluff to a point twenty- five(25)feet or more above the ordinary high water level averages 30%or greater;and d. The slope must drain toward the waterbody." 3. "Bluff impact zone": A bluff and land located within twenty(20)feet from the top of a bluff. 4. "Boathouse": A structure designed and used solely for the storage of boats or boating equipment. 5. "Building line": A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. page revised in 1997 1276 §11.54 6. "Commercial use": The principal use of land or buildings for the sale, lease, rental,or trade of products, goods,and services. 7. "Commissioner": The commissioner of the Department of Natural Resources. 8. "Conditional use": A land use or development as defined by ordinance that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning code exist, the use or development conforms to the comprehensive land use plan of the community,and the use is compatible with the existing neighborhood. 9. "Deck": A horizontal, unenclosed platform with or without attached railings, seats,trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three (3) feet above ground. 10. "Duplex," "triplex," and "quad": A dwelling structure on a single lot, having two (2),three (3), and four(4) units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living,and sanitation facilities. 11. "Dwelling site": A designated location for residential use by one (1) or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 12. "Dwelling unit": Any structure or portion of a structure, or other shelter designed as short-or long-term living quarters for one (1) or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. 13. "Extractive use": The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. 14. "Forest land conversion": The clear cutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand. 15. "Hardship": "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 462. 16. "Height of building": The vertical distance between the highest adjoining ground level at the building or ten (10) feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. 17. "Industrial use": The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities,or other wholesale items. page revised in 1997 1277 §11.54 18. "Intensive_vegetation°clearing":2 The complete;removal of trees_lin shrubs in a contiguous patch,strip,row,or block. 19. "Lot": A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. 20. "Lot width": The shortest distance between lot lines measured at the midpoint of the building line. 21. "Nonconformity": Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 22. "Ordinary high water level": The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses,the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 23. "Planned unit development": A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time- share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. 24. "Planning unit developments, commercial": These are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hoteVmotel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments. page revised in 1997 1278 §11.54 25. "Planned unit developments, residential": A use where the nature of residency is not transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites. 26. "Public waters": Any waters as defined in Minnesota Statutes, Section 103G.005, Subdivisions 14 and 15. • 27. "Semipublic use": The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 28. "Sensitive resource management": The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 29. "Setback: The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 30. "Sewage treatment system": A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Subdivision 5H of this Section. 31. "Sewer system": Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 32. "Shore impact zone": Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50%of the structure setback. 33. "Shoreland": Land located within the following distances from public waters: 1,000 feet from the ordinary highwater level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. page revised in 1997 1279 §11.54 34. "Significant historic site": Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 35. "Steep slope": Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Section. Where specific information is not available, steep slopes are lands with average slopes over 12%, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. 36. "Structure": Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines,towers,poles,and other supporting facilities. 37. "Subdivision": Land that is divided for the purpose of sale, rent, or lease, including Planned Unit Developments. 38. "Surface water-oriented commercial use": The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 39. "Toe of the bluff": The lower point of a fifty (50) foot segment with an average slope exceeding 18%. 40. "Top of the bluff": The higher point of a fifty (50) foot segment with an average slope exceeding 18%. 41. "Variance": The same as that term is defined or described in Minnesota Statutes, Chapter 462. 42. "Water-oreiented accessory structure or facility": A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses,and detached decks. 43. "Wetland": A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No.39(1971 edition). page revised in 1997 1280 §11.54 Subd.3. Administration. A. Rermlts Required 1. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subdivision 5C of this Section. Application for a permit shall be made to the Building Official on the forms provided. The application shall include the necessary information so that the Building Official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. 2. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Subdivision 5H, shall be reconstructed or replaced in accordance with the provisions of this Section. B. Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Subdivision 3A of this Section. This certificate will specify that the use of land conforms to the requirements of this Section. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this Section and shall be punishable as provided in Subdivision 2C of this Section. C. Variances. 1. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462. A variance may not circumvent the general purposes and intent of this Section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Adjustment and Appeals and Appeals must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round,whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 2. The Board of Adjustment and Appeals and Appeals shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Subdivision 3D2 below shall also include the Board of Adjustment and Appeals and Appeal's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. page revised in 1997 1281 §11.54 3. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. D. Notifications to the Department of Natural Resources. 1. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10)days before the hearings. Notices of hearings to consider proposed subdivisions must include copies of the proposed subdivision. 2. A copy of approved amendments and subdivisions, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action. Subd.4. Shoreland Classification System and Land Use Districts. A. Shoreland Classification System. The public waters of the City of Shakopee have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Scott County, Minnesota. 1. The shoreland area for the waterbodies listed in Subdivision 4A2 and 4A3 shall be as defined in Subdivision 2G33 and as shown on the Official Zoning Map. 2. Lakes. a. Protected Waters Natural Environment Lakes Inventory I.D.No. Blue Lake I.D. No.70-0088 Dean Lake I.D.No. 70-0074 Fisher Lake I.D. No.70-0087 Rice Lake I.D. No.70-0025 Unnamed I.D. No.70-0080 b. Protected Waters Recreational Development Lakes Inventory I.D.No. O'Dowd Lake I.D.No.70-0095 3. Rivers and Streams. page revised in 1997 1282 §11.54 a. Transition Rivers Legal Description Minnesota River From the West section line of Section 4, Township 115N. Range 22W** b. Agricultural Rivers Legal Description Minnesota River From the border of Scott and LeSueur Counties to the East section line of Section 5, Township 115N, Range 22W** c. Tributary Streams Eagle Creek From Basin 245, Section 13, Township 115, Range 22W to Section 13, Township 115, Range 22W** Unnamed to MN River From Section 2, Township 115, Range 22W to Section 1, Township 115, Range 22W** Unnamed Tributary From Basin 249, Section 23, Township 115, Range 22W to Section 14, Township 115, Range 22W** * All protected watercourses in the City of Shakopee shown on the Protected Waters Inventory Map for Scott County,a copy of which is hereby adopted by reference, not given a classification in Items A-E above shall be considered"Tributary". **All from and to locations are subject to actual municipality boundaries. B. Land Use District Descriptions. 1. Criteria For Designation. The land use districts in Subdivision 4B2, and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations,and objectives: a. General Considerations and Criteria for All Land Uses: (1) preservation of natural areas; (2) present ownership and development of shoreland areas; (3) shoreland soil types and their engineering capabilities; (4) topographic characteristics; (5) vegetative cover, (6) in-water physical characteristics, values, and constraints; page revised in 1997 1283 §11.54 (7) recreational use of the surface water; (8) road and service center accessibility; (9) socioeconomic development needs and plans as they involve water and related land resources; (10) the land requirements of industry which, by its nature, requires location in shoreland areas;and (11) the necessity to preserve and restore certain areas having significant historical or ecological value. b. Factors and Criteria for Planned Unit Developments: (1) existing recreational use of the surface waters and likely increases in use associated with Planned Unit Developments; (2) physical and aesthetic impacts of increased density; (3) suitability of lands for the planned unit development approach; (4) level of current development in the area;and (5) amounts and types of ownership of undeveloped lands. 2. Land Use District Descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies,shall be properly delineated on the Official Zoning Map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minnesota Regulations, Part 6120.3200, Subp. 3. Where a conflict exists between a zoning classification in existence prior to the adoption of this Section and the land use described below, the land use designated on the City's Zoning Map shall govern, so long as it is consistent with the City's Comprehensive Plan: a. Land Use Districts For Lakes Recreational Natural Development Environment Lakes Lakes (1) Special Protection District-Uses - Forest management P P -Sensitive resource management P P -Agricultural;cropland and pasture P P -Agricultural feedlots C C - Parks and historic sites C C -Extractive use C C -Single residential C C -Mining of metallic minerals and peat P P (2) Residential District-Uses -Single residential P P -Semipublic C C page roviaed in 1997 1284 §11.54 - Park&historic sites C C - Extractive use C C -Duplex,triplex,quad residential C C - Forest management P P -Mining of metallic minerals and peat P P (3) High Density Residential District-Uses - Residential planned unit developments C C -Single residential P P -Surface water oriented commercial* C C -Semipublic C C - Parks&historic sites C C -Duplex,triplex,quad residential P C -Forest management P P (4) Water Oriented Commercial District-Uses -Surface water-oriented commercial P C -Commercial planned unit development** C C -Public, semipublic C C - Parks&historic sites C C - Forest management P P As accessory to a residential planned unit development. "' Limited expansion of a commercial planned unit development involving up to six (6) additional dwelling units or sites may be allowed as a permitted use provided the provisions of Subdivision 8 of this Section are satisfied. (5) General Use District-Uses -Commercial P C -Commercial planned unit development** C C -Industrial C N - Public, semipublic P C - Extractive use C C -Parks&historic sites C C - Forest management P P -Mining of metallic minerals and peat P P b. Land Use Districts for Rivers and Streams Transition Agricultural Tributary (1) Special Protection District-Uses - Forest management P P P -Sensitive resource management P P P -Agricultural:cropland and park P P P -Agricultural feedlots C C C - Parks and historic sites C C C - Extractive use C C C -Single residential C C C -mining/metallic minerals and peat P P P page revised in 1997 1285 §11.54 (2) Residential District-Uses _ -Single residential P P P -Semipublic C C P - Parks and historic sites C C P - Extractive use C C C - Duplex,triplex,quad residential C P C - Forest management P P P -Mining/metallic minerals and peat P P P (3) High Density Residential-Uses - Residential planned unit dev. C C C -Single residential P P P -Surface water oriented commercial* C C C -Semipublic C C C - Parks and historic sites C C C - Duplex,triplex,quad residential C C C - Forest management P P P (4) Water-oriented Commercial-Uses -Surface water-oriented commercial C C C -Commercial planned unit dev.* C C C - Public,semipublic P P P - Parks and historic sites C C C - Forest management P P P (5) General Use District-Uses -Commercial C P C -Commercial planned unit dev. ** C C C - Industrial N C C - Public,semipublic C P C - Extractive use C C C - Parks and historic sites C C C - Forest management P P P -Mining/metallic minerals and peat P P P ` As accessory to a residential planned unit development. ** Limited expansion of a commercial planned unit development involving up to six (6) additional dwelling units or sites may be allowed as a permitted use provided the provisions of Subdivision 8 of this Section are satisfied. 3. Use and Upgrading of Inconsistent Land Use District. a. The land use districts adopted in Shakopee City Code Chapter 11, Sections 11.22 - 11.46, as they apply to shoreland areas, and their delineated boundaries on the Official Zoning Map, are not consistent with the land use district designation criteria specified in Subdivision 4B2 herein. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the Official Zoning Map or to modify the boundary of an existing land use district shown on the Official Zoning Map. page revised in 1997 1286 §11.54 b. When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply: (1) For Lakes. When a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shorelanct areas within the jurisdiction of this Section on said lake must be revised to make them substantially compatible with the framework in Subdivision 4B1 and 4B2 of this Section. (2) For Rivers and Streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction of this Section must be revised to make them substantially compatible with the framework in Subdivision 4B1 and 4B2 of this Section. If the same river classification is contiguous for more than a five (5) mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised. c. When an interpretation question arises about whether a specific land use fits within a given "use" category, the interpretation shall be made by the Board of Adjustment and Appeals. When a question arises as to whether a land use district's boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the Shakopee City Council. d. When a revision is proposed to an inconsistent land use district provision by an individual party or landowner,this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The Shakopee City Council will direct the Zoning Administrator to provide such additional information for this waterbody as is necessary to satisfy Items a.and b. e. The Shakopee City Council must make detailed findings of fact when taking final action that the revision, and the upgrading of any inconsistent land use district designations on said waterbody, are consistent with the enumerated criteria and use provisions of Subdivision 4B. Subd.5. Zoning and Water Supply/Sanitary Provisions. page revised in 1997 1287 §11.54 A. Lot Area and Width Standards. The lot area (in square feet) andlot width standards (in feet) for single, duplex, triplex; andquad residential lots created after the date of enactment of this Section for the lake and river/stream classifications are the following: 1. Unsewered Lakes a. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 80,000 200 80,000 200 Duplex 120,000 300 160,000 400 Triplex 160,000 400 240,000 600 Quad 200,000 500 320,000 800 b. Recreational Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 150 40,000 150 Duplex 80,000 225 80,000 265 Triplex 120,000 300 120,000 375 Quad 160,000 375 160,000 490 2. Sewered Lakes: a. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 20,000 125 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 b. Recreational Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 20,000 75 15,000 75 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 page revised in 1997 1288 §11.54 3. River/Stream Lot Width Standards. There is no minimum lot size requirement for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six (6) river/stream classifications are: Transition Agricultural Urban&Tributary No Sewer Sewer Single 250 150 100 75 Duplex 375 225 150 115 Triplex 500 300 200 150 Quad 625 375 250 190 4. Additional Special Provisions. a. Residential subdivisions with dwelling unit densitites exceeding those in the tables in Subdivision 5A2 and 5A3 can only be allowed if designed and approved as residential Planned Unit Developments under Subdivision 8 of this Section. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Subdivision 5A2 can only be used if publicly owned sewer system service is available to the property. b. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: (1) each building must be set back at least 200 feet from the ordinary high water level; (2) each building must have common sewage treatment and water systems in one (1) location and serve all dwelling units in the building; (3) watercraft docking facilities for each lot must be centralized in one (1) location and serve all dwelling units in the building;and (4) no more than 25% of a lake's shoreline can be in duplex, triplex,or quad developments. c. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: (1) they must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. page revised in 1997 1289 §11.54 (2) If docking, mooring,or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six (6), consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of lake size Required increase to shore length in frontage (acres/mile) (percent) Less than 100 25 100-200 20 201-300 15 301-400 10 Greater than 400 5 (3) controlled access lots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot;and (4) covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. d. The use of motorized watercraft (including but not limited to boats powered by inboard and outboard motors and jet skis) is prohibited on natural environment lakes. B. Placement,Design,and Height of Structures. page revised in 1997 1290 • §11.54 1. Placement of Structures on Lots. When more than one (1) setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: a. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level*. Setbacks* Classes of Public Structures Sewage Treatment Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 Rivers Transition 150 150 100 Agriculture and Tributary 100 50 75 One(1) water-oriented accessory structure designed in accordance with Subdivision 5C2 of this Section may be set back a minimum distance of ten (10) feet from the ordinary high water level. b. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback(in feet) (1) top of bluff; 30 (2) unplatted cemetery; 50 (3) right-of-way line of federal, 50 state or county highway;and (4) right-of-way line of town road, 20 public street,or other roads or streets not classified. c. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. page revised in 1997 1291 §11.54 d. Uses Without Water-oriented Needs. Uses without water- oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 2. Design Criteria For Structures. a. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows: (1) for lakes, by placing the lowest floor at a level at least one (1) foot above the highest known water level, or one (1) foot above the ordinary high water level, whichever is higher; (2) for rivers and streams, by placing the lowest floor at least three (3) feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three (3) feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three(3) approaches,technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one (1) approach is used, the highest flood protection elevatoin determined must be used for placing structures and other facilities;and (3) water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechnical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. b. Water-oriented Accessory Structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in Subdivision 5B1 of this Section if this water- oriented accessory structure complies with the following provisions: page revised in 1997 1292 §11.54 (1) the structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight(8)feet above grade at any point; (2) the setback of the structure or facility from the ordinary high water level must be at least ten(10)feet; (3) the structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; (4) the roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; (5) the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities;and (6) as an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is twenty(20) feet as measured parallel to the configuration of the shoreline. c. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: (1) stairways and lifts must not exceed four(4)feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties,and Planned Unit Developments; (2) landings for stairways and lifts on residential lots must not exceed thirty-two(32)square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open-space recreational properties,and Planned Unit Developments; (3) canopies or roofs are not allowed on stairways, lifts, or landings; page revised in 1997 1293 §11.54 (4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions,whenever practical;and (6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. d. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. e. Steep Slopes. The Building Official and/or the City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters,assuming summer, leaf-on vegetation. 3. Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed thirty- five(35)feet in height. C. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1. Vegetation Alterations. a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Subdivision 5D of this Section are exempt from the vegetation alteration standards that follow. b. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Subdivision 5F is allowed subject to the following standards: page revised in 1997 1294 §11.54 (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures of facilities, provided that: (a) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (b) along rivers, existing shading of water surfaces is preserved;and (c) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead,diseased,or pose safety hazards. 2. Topographic Alterations/Grading and Filling. a. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However,the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems,and driveways. b. Public roads and parking areas are regulated by Subdivision 5D of this Section. c. Notwithstanding Items a. and b. above, a grading and filling permit will be required for. (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones;and (2) the movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones. page revised in 1997 1295 §11.54 d. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: (a) sediment and pollutant trapping and retention; (b) storage of surface runoff to prevent or reduce flood damage; (c) fish and wildlife habitat; (d) recreational use; (e) shoreline or bank stabilization;and (f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals,or others. * This evaluation must also include a determination of whether the wetland alteration being proposed required permits, reviews, or approvals by other local,state,or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) Fill or excavated material must not be placed in a manner that creates an unstable slope; page revised in 1997 1296 §11.54 (7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater; (8) Fill or excavated material must not be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 1036.005; (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties;and (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the riprap is within ten (10) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three(3)feet. e. Connections to public waters. Excavations where the intended purpose is connection to the public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. D. Placement and Design of Roads,Driveways,and Parking Areas. 1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control eroision to public waters consistent with the field office technical guides of the local soil and water conservation district,or other applicable technical materials. 2. Roads, driveways, and parking areas must meet structure setbacks and must_not._be placed within bluff and shore impact zones, when other reasonably and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to., minimize adverse impacts. page revised in 1997 1297 §11.54 3. Public and private watercraft access ramps, approach roads, and access- related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Subdivision 5C2 of this Section must be met. E. Stormwater Management. The following general and specific standards shall apply: 1. General Standards: a. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 2. Specific Standards: a. Impervious surface coverage of lots must not exceed 25% of the lot area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. c. New constructed stormwater outf ails to public waters must provide for filtering or settling or suspended solids and skimming of surface debris before discharge. F. Standards for Commercial,Industrial,Public,and Semipublic Uses. 1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: pegs revised in 1997 1298 §11.54 a. in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Section, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; b. uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need;and c. uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (1) no advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; (2) signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten (10)feet above the ground, and must not exceed thirty-two (32) square feet in size. If illuminated by artificial lights,the lights must be shielded or directed to prevent illumination out across public waters; and (3) other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Agriculture Use Standards. a. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty(50)feet from the ordinary high water level. page revised in 1997 1299 §11.54 b. Animal feedlots must meet the following standards: (1) new feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins;and (2) modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 3. (Reserved) G. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas: 1. Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: a. the prevention of soil erosion or other possible pollution of public waters, both during and after construction; b. the visibility of structures and other facilities as viewed from public waters is limited; c. the site is adequate for water supply and on-site and sewage treatment;and d. the types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 2. Conditions attached to conditional use permits. The Board of Adjustment and Appeals, upon consideration of the criteria listed above and the purposes of this Section, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: a. increased setbacks from the ordinary high water level; b. limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;and c. special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas,and vehicle parking areas. H. Water Supply and Sewage Treatment. page revised in 1997 1300 §11.54 1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 2. Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment,as follows: a. Publicly-owned sewer systems must be used where available. b. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agencys standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be a part of this Section. c. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Subdivision 5B1 of this Section. d. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in sub-items (1)-(4). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions,properties,and permeability; (3) slope; (4) the existence of lowlands, local surface depressions, and rock outcrops; e. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Subdivision 6C of this Section. Subd. 6. Nonconformities. All legally established nonconformities as of the date of this Section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: A. Construction on Nonconforming Lots of Record. page revised in 1997 1301 §11.54 1. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Subdivision 5A of this Section may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district,the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this Section are met. 2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment and Appeals shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. 3. If, in a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subdivision 5A of this Section the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one (1) or more contiguous lots so they equal one (1) or more parcels of land, each meeting the requirements of Subdivision 5A of this Section as much as possible. B. Additions/Expansions to Nonconforming Structures. 1. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Subdivision 5 of this Section. Any deviation from these requirements must be authorized by a variance pursuant to Subdivision 3C. 2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: a. the structure existed on the date the structure setbacks were established; b. a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; c. the deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty (30)feet,whichever is more restrictive;and d. the deck is constructed primarily of wood, and is not roofed or screened. C. Nonconforming Sewage Treatment Systems. page revised in 1997 1302 §11.54 1. A sewage treatment system not meeting the requirements of Subdivision 5H of this Section must be upgraded,at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. 2. The governing body of the City of Shakopee has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The City of Shakopee will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, Section 105.485, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems,shall be considered nonconforming. Subd.7. Subdivision Provisions. A. Land Suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. B. Consistency with Other Controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one (1)or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems,a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistant with Subdivision 5B and 5H can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Subdivision 5A, including at least a minimum contiguous lawn area,that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems. Lots that would require use of holding tanks must not be approved. C. Information Requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: page revised in 1997 1303 §11.54 1. topographic contours at ten (10) foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; 2. the surface water features required in Minnesota Statutes, Section 505.02, Subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; 3. adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; 4. information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; 5. location of 100-year flood plain areas and floodway districts from existing adopted maps or data;and 6. a line or contour representing the ordinary high water level, the "toe" and the"top"of bluffs,and the minimum building setback distances from the top of the bluff and the lake or stream. D. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. E. Platting. All subdivisions that create five (5) or more lots or parcels that are two and one-half (2-1/2) acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. F. Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Subdivision 5N of this Section. Subd.8. Planned Unit Developments(PUD's) A. Types of PUD's Permissible. Planned Unit Developments (PUD's)are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Subdivision 4B of this Section and the official zoning map. page revised in 1997 1304 §11.54 B. Processing of PUD's. Planned Unit Developments must be processed consistent with the City's Zoning Ordinance, except that an expansion to an existing commercial PUD involving six (6) or less new dwelling units or sites since the date this Section was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Subdivision 8E. Approval cannot occur until the environmental review process (EAW/EIS) is complete, where those processes are required by State law and regulation. C. Application for a PUD. The applicant for a PUD must submit the following documents prior to final action being taken on the application request: 1. A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten (10) foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential,commercial,or a combination of the two. 2. A property owners association agreement (for residential PUD's) with mandatory membership, and all in accordance with the requirements of Subdivision 8F of this Section. 3. Deed restrictions, covenants, permanent easements or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUD's; and 2) ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Subdivision 8F of this Section. 4. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. 5. Those additional documents as requested by the Zoning Official that are necessary to explain how the PUD will be designed and will function. D. Site "Suitable Area" Evaluation. Proposed new or expansions to existing Planned Unit Developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Subdivision 8E. 1. The project parcel must be divided into tiers by locating one (1) or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals,proceeding landward: page revised in 1997 1305 §11.54 Shoreland Tier Dimensions Unsewered Sewered Recreational development lakes 267 feet 267 feet Natural environment lakes 400 feet 320 feet All river classes 300 feet 300 feet 2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. E. Residential and Commercial PUD Density Evaluation. The procedures for determining the "base" density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer. 1. Residential PUD "Base" Density Evaluation: a. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential Planned Unit Developments are then compared with the tier, density, and suitability analyses herein and the design criteria in Subdivision 8F. 2. Commercial PUD "Base" Density Evaluation. a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table: page revered in 1997 1306 §11.54 Commercial Planned Unit Development Floor Area Ratios* Public Waters Classes Recreational *Average development unit floor Agricultural lakes and Natural area(sq. and tributary transition environment ft.) river segments river segments lakes 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038 * For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown,the ratio listed for 1,000 square feet. c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. d. Divide the total floor area by tier computed in Item c. above by the average inside living area size determined in Item a. above. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier,density and suitability analyses herein and the design criteria in Subdivision 8F. 3. Density Increase Multipliers. page revised in 1997 1307 §11.54 a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Subdivision 5 are met or exceeded and the design criteria in Subdivision 8F are satisfied. The allowable density increases in Item b. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of govemment and the setback is at least 25% greater than the minimum setback. b. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or Commercial Planned Unit Developments: Density evaluation tiers Maximum density increase within each tier(percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 F. Maintenance and Design Criteria. 1. Maintenance and Administration Requirements. a. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. b. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: (1) commercial uses prohibited(for residential PUD's); (2) vegetation and topographic alterations other than routine maintenance prohibited; (3) construction of additional buildings or storage of vehicles and other materials prohibited;and (4) uncontrolled beaching of watercraft prohibited. c. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential Planned Unit Developments must use an owners association with the following features: page revised in 1997 1308 §11.54 (1) membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) assessments must be adjustable to accommodate changing conditions;and (4) the association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 2. Open Space Requirements. Planned Unit Developments must contain open space meeting all of the following criteria: a. at least 50% of the total project area must be preserved as open space; b. dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; c. open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unpiatted cemeteries; d. open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites,and by the general public; e. open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. open space must not include commercial facilities or uses,but may contain water-oriented accessory structures or facilities; g. the appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means;and h. the shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUD's, at least 50%of the shore impact zone area of existing developments or at least 70%of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUD's, at least 50% of the shore impact zone must be preserved in its natural state. page revised in 1997 1309 §11.54 3. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PUD must: a. be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant;and b. be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area, except that for commercial PUD's 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Subdivision 5C. 4. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards: a. Planned Unit Developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Subdivision 5B and 5H of this Section. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; b. Dwelling units or sites must be clustered into one (1) or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Subdivision 8E3 of this Section for developments with density increases; page revised in 1997 1310 §11.54 c. Shore recreation facilities including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one (1) for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; d. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; e. Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized;and f. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subdivision 5B of this Section and are centralized. G. Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential Planned Unit Developments if all of the following standards are met: 1. Proposed conversions must be initially evaluated using the same procedures for residential Planned Unit Developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 2. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. 3. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include,where applicable,the following: a. removal of extraneous buildings, docks or other facilities that no longer need to be located in shore or bluff impact zones; page revised in 1997 1311 §11.55 b. remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water;and c. if existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 4. Existing dwelling unit or dwelling site densities that exceed standards in Subdivision 8E may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems,or other means. Sec.11.55. Reserved. page revised in 1997 1312 EXHIBIT G ORDINANCE NO. 537,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, SECTION 11.54 (SHORELAND OVERLAY ZONE) THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11, Zoning, Section 11.54 (Shoreland Overlay Zone is hereby amended by adding the language which is underlined and deleting the language which is st ekthro : Section 1.1 Statutory Authorization This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 4 103.F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statures, Chapter 462. Section 5.22 A(1)Design Criteria for Structures, High Water Elevations (1) for lakes, by placing the lowest floor at a level at least eee-(1)-feet three (3) feet above the highest known water level, or ene-(1) three (3) feet above the ordinary high water level, whichever is higher; Section 5.6 Standards for Commercial, Industrial, Public and Semipublic Uses B. Uses without water-oriented needs must be located on lots or parcels without public waters frontage. or. if located on lots or parcels with public waters frontage. must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography assuming summer, leaf-on conditions. Section 5.64 Extractive and Mining Uses. Extractive and mining uses shall not be allowed in the shoreland district. Section 4.22.A Land Use Districts for Lakes (5) General Use District Uses Recreational Natural Development Environment Lakes Lakes Commercial P C Commercial Planned Unit Development** C C Industrial C N C* Public, semipublic P C Extractive Uses C C Parks&Historic Sites C C Forest Management P P Mining of metallic minerals&peat P P ***Industrial uses are allowed by conditional use permit on Natural Environment Lakes if properly zoned and if the conditions in Section 9.0 of this ordinance are satisfied. Subd. 9.0-Industrial Uses on Natural Environment Lakes 9.1 Conditional Use Permit required. Industrial uses are allowed on Natural Environment Lakes by Conditional Use Permit if such uses are allowed by the Shakopee Zoning Ordinance in the underlying zoning district, and if the conditions attached to the development of the site are met. 9.2 Impervious Surface Coverage. Industrial uses on natural Environment Lakes shall be allowed 50% maximum lot coverage with impervious surfaces. This can be increased to 75% maximum lot coverage if the City has an adopted Stormwater Management Plan which adequately addresses stormwater runoff and surface water quality issues in the City, and a specific site plan is reviewed and approved by the City for the Industrial use in question which follows the policies and procedures in the Stormwater management Plan and which utilizes accepted engineering practices to divert, detain, and/or treat runoff before entering the Natural Environment Lake. 9.3 Building Height. The maximum allowable building height for Industrial uses on Natural Environment Lakes is 35 feet. 9.4 Substantial Screening. "Substantially screened from view of water" as required in Section 5.21(D) of this chapter when applied to Industrial uses on natural Environment Lakes which are considered"uses without water-oriented needs" shall mean screening of at least 75% opacity in summer. leaf-on conditions, by either vegetation or topography. as determined by the Zoning Administrator. 9.5 Trails in shore impact zone. Trails may be allowed in the shore impact zone as part of a conditional use permit. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1999. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 exwtDIT P §12.07 placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. Adequate access. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway,or an existing private roadway approved by the Council. Subd. 5. Dedications. A. General Dedications. Pursuant to Minnesota Statutes 462.358, the City does hereby require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. B. Park Dedications. 1. Purpose. The City Council recognizes it is essential to the health, safety and welfare of the residents of the City of Shakopee that the character and quality of the environment be considered to be of major importance in the planning and development of the City. In this regard, the manner in which land is developed and used is of high priority. The presentation of land for park, playground, public open space purposes and trails as it relates to the use and development of land for residential, commercial and industrial purposes is essential to the maintaining of a healthful and desirable environment for all residents of the City. We must not only provide these amenities for our citizens today,we must be mindful of our future citizens. The City Council should recognize that demand for park, playground, public open space and trails within a municipality is directly related to density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground, public open space and trails. To disregard this principle is to inevitably over-tax existing facilities and thus diminish the quality of the environment for all residents. (Ord. 491, July 17, 1997) 2. Standards for Accepting Dedication of Land for Public Purposes. It should be the policy of the City of Shakopee that the following standards and guidelines for the dedication of land for park, playground, and open space purposes (or cash contribution in lieu of such dedications) in the subdividing and developing of land within the City shall be directly related to density and intensity of each subdivision and development. a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and page revised in 1997 1596 §12.07 trails and/or shall make a cash contribution to the City's park fund and trail fund as provided by this Section. b) Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of the proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. c) The Parks and Recreation Advisory Board shall recommend to the Planning Commission and City Council the land dedication and cash contribution requirements for proposed subdivisions. d) Changes to the density of plats shall be reviewed by the Parks and Recreation Advisory Board for reconsideration of park dedication and cash contribution requirements. e) When a proposed park,playground, recreational area, school site or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate government unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed site, the City may consider acquiring the site through purchase or condemnation. f) Land conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance, and shall be in addition to and not in lieu of open space requirements for planned unit developments. • g) When private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the requirements of dedication for park purposes, provided the City Council finds it is in the public interest to do so. h) The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. i) In residential plats, the City of Shakopee shall have'a standard of one (1) acre of park land for every seventy-five (75) people. Thus, one acre of land shall be conveyed to the City as an outlot warranty for every seventy-five (75) people the platted land could house based on the following population calculations: Single-family detached dwelling lots . . 3.0 persons per lot Duplex/Twin homes 3.0 persons per dwelling unit Apartments, Townhouses, Condominiums, other multiple family dwelling units . . . . 1 person per bedroom page revised in 1997 1597 §12.07 j) In plats other than residential, the City hereby finds that, as a general rule, it requires that an amount of land equal to 10% of the undeveloped land proposed to be subdivided be dedicated or reserved to the public for public use for parks, playgrounds, trails, wetlands or open space. Should the land to be dedicated have greater fair market value than the average fair market value in the plat, the City shall only be authorized to require dedication of an amount of land equal to 10% of the fair market value of all the property being platted. k) In lieu of park land donation, the City may require an equivalent cash donation based upon average undeveloped land value in the City. The cash dedication requirement shall be established annually by the City Council. I) In lieu of trail donation, trail construction, or trail easement dedication, the City may require a cash donation for the trail system. The cash dedication requirement shall be established annually by the City Council. Dedication for trails in the form of cash shall apply only to residential plats. m) The City may elect to receive a combination of cash, land and development land for park use. The fair market value of land the City wants and the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection k) above. The remainder shall be the cash contribution requirement. n) Fair market value shall be determined as of the time of filing the final plat in accordance with the following order of preference. (1) the price the subject land sold for within the past year; (2) based on the average fair market value of undeveloped • City residential property by zoning classification, served by major City utilities; (3) an appraisal performed for or on behalf of the City within the past year; (4) an appraisal performed for or on behalf of the subdivider within the past year. The fair market value determination shall exclude any value added to such land within the past year for improvements serving such land. o) Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. p) Park and trail cash contributions are to be calculated at the time of the final plat approval. peps revised in 1997 1598 §12.07 q) The cash contributions for parks and trails shall be deposited in either the City's park development fund or multi-purpose pedestrian fund and shall be used only for park acquisition or development and trail acquisition and development. r) If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, the land and cash contribution will be a reasonable amount determined by the City Council. s) Wetland, ponding areas, drainageways accepted by the City shall not be considered in the park land and/or cash contribution to the City. t) When a proposed trail has been indicated in the City's official Comprehensive Plan Map, and it is located in whole or in part within the proposed plat, it should be designated on the plat and should be dedicated to the City. If the subdivider elects not to dedicate an area in excess of the land required for a trail, the City may consider acquiring it through condemnation. u) Required land dedication and/or payment of fees in lieu of land dedication shall be required at the time of final subdivision approval. However, at the request of any party submitting a plat, the Council may, at it's exclusive discretion, enter into a contractual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. Any such deferment shall be in accordance with the park dedication fees in effect at the time of issuance of the building permit(s). (Ord.491,July 17, 1997; Ord.531, October 29, 1998) C. Reserved land for public buildings. Whenever a tract of land to be subdivided includes a proposed school,police station,fire station or other public building, which is shown on a Council-approved plan,the developer shall include such space on the preliminary subdivision plat as a "reserved" use. Land indicated as a "reserved" use under Section 12.07, may be acquired using the following procedures: 1. Referral to Public Body. The City Administrator shall refer the plat to the public body concerned with the acquisition for its recommendation. The Planning Commission may propose an alternate area for such acquisition and shall allow the public body sixty (60) days for reply. The public body's recommendations, if affirmative, shall include a map showing the boundaries of the parcel to be acquired and an estimate of the time required to complete the acquisition. page revised in 1998 1599 §12.07 2. Notice to Property Owner. Upon receipt of an affirmative report from the public body, the City Administrator shall notify the property owner and subdivider. The subdivider shall then indicate the boundary of any area proposed to be acquired on the final subdivision plat as"reserved"land. 3. The acquisition of "reserved" land by a public body, as shown on the final plat, may be initiated within twelve (12) months after recording of the subdivision. Failure on the part of the public body to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development. D. Credit for private parks. In establishing the reasonable portion of land to be dedicated, the City may consider the park, playground, trail, wetland, open space, community center, recreation site, or common areas and facilities which the subdivider proposes to reserve for the subdivision. If such reserved areas are to be privately owned and maintained by the future residents of the subdivision, a credit may be given,provided that the following conditions are met: 1. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; 2. That required setbacks shall not be included in the computation of such private open space; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; 4. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes, or contains unique natural features which should be preserved;and 5. That the proposed private open space reduces the demand for public recreational facilities to serve the development. E. Right to acquire additional land. Should the City exercise its right under this Subdivision to require actual land dedication, and should the amount of land so dedicated be insufficient to meet the public needs as contemplated therein,the City reserves the right to obtain by negotiation or condemnation any additional land necessary to effectuate the public purposes contemplated herein. Subd. 6. Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads. In all residentially zoned areas determined by the Administrator to have significant noise impact within 125 feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of 70 DBA or greater, one or a combination of the following subdivision design requirements shall apply: A. Lots adjacent to the roadway right-of-way shall be sized wherein a 125 foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. page revised in 1997 1600 f54Lf CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Petition for an EAW for the West Dean Lake Area MEETING DATE: November 16, 1999 INTRODUCTION: The City has received the attached"petition" requesting that an EAW be prepared for the subject area, and that the City order that all site preparation activities cease. Staff and the City Attorney are looking into this matter further, and will report their findings to the Council at the meeting. ACTION REQUESTED: No specific action is requested at this time. Petition for an EAW November 10, 1999 In accordance with Minnesota Rules Chapter 4410.1100 the undersigned do hereby petition the City of Shakopee to order that all site preparation activities cease and that an Environmental Assessment Worksheet be prepared on the following described project: This project is a commercial project consisting of approximately 300+acres. It is located in the easterly quadrant of the City in what is known as the Dean Lake Area. It consists of an area bounded by County Road 16 to the South,County Road 83 to the West and State Highway 169 to the North. It includes the area bordering Dean Lake to the North and west. It is understood that a preliminary plot proposal has not been submitted to the City of Shakopee, the proposer's description cannot be obtained. Although a grading permit has been issued. The name of the projects proposer: Without the preliminary plot plan, it is assumed that the proposer is Jon Albinson, President of Valley Green Business Park, 5240 S Valley Industrial Blvd,Shakopee, MN 55379. Phone no.612-445-9286. The name, address and telephone number of the representative of petitioners: David J Czaja, 5262 Eagle Creek Blvd., Shakopee, MN 55379. Phone no. 612-445-8071, 612-640-0387 pager. E-mail address-czajadj@aol.com. A brief description of the potential environmental effects: Note: Since grading of the site has already started, some of the environmental effects may have already been destroyed. -This is a fish,wildlife &ecologically sensitive area. Since the depth of the lake averages approximately 5 feet any runoff can seriously effect the integrity of Dean Lake. A rare source of cattail as indicated by the University of Minnesota, exists in the lake and this is an environmentally sensitive area. What is the impact on the wildlife and the environment? - Because of the location of the project,the physical impacts on the water resources can be significant. -This project is located within a water-related land use management district. - Erosion &sedimentation is almost certainly to exist considering the sandy soils in the area. -Water quality: surface water runoff into an ecologically sensitive lake is almost certain to occur. -Geologic hazards&soil conditions are such that the depth to ground water is extremely shallow. Note:After the a nearby quarry pumping operation stops, (approximately 2.5 billion gallons of water per year) a significant rebound in the water table could allow the water table to reach within several feet of the surface. Any surface contamination would easily reach the groundwater. The Minnesota Geological Survey have identified this area as highly susceptible to ground water contamination. -Traffic in the area has increased to the point where one-mile backups are not uncommon. How much additional traffic will this development add in the area and what will be it's effect? - Being that this is a valley, additional vehicle related &stationary source air emissions would seriously effect the air quality. At times, air inversions can be seen with the characteristic brown haze overhang in the valley. How will this project impact the air quality? Noise from traffic on nearby Highway 169 freeway and County Roads 16&83, source noise from Canterbury Park, Valleyfair, Flying Cloud Airport, NSP Peaking Plant, Raceway Park, Minneapolis/St Paul airport,the Railroad switching yard,Trains and endless construction noise. The noise level is reaching its maximum threshold, how much additional noise will this create? Dust created from the surrounding agricultural area blankets the area. - Since Indian mounds exist in nearby (Memorial Park), what Indian artifacts might exist in this area since it is near a lake. Scenic views from the top of the bluff look down over this area. What impact will this construction have? - Impact on infrastructure&public services. How much water use will be required&how will it impact public utilities? The following do hereby sign and petition for preparation of an Environmental Assessment Worksheet: (reverse side) NOV=16-99 TUE 12:40 PM MN PLANNING FAX:651 296 3698 PAGE 1 YIINNESOTA PLANNING /3 - Date: To: /4/ 1/Z- i&G Fax: '/ 2- 4/57) ' C7/ From: c/ t/ Z/r-4!"/ Phone: 45/ 'Zig - de''e.f Subject: /4 _/,� ,,_ Pages: G ryLrv7� �� Q—S we-ie0.4/o - tn.)c/2 658 Cedar Street St.Paul,MN 55155 Telephone: 612-296-3985 • Facsimile: 612-296-3985 TTY: 800-627-3529 W N.mnplan. state.mn.us NOV-16-99 TUE 12:40 PM MN PLANNING FAX:651 296 3690 PAGE 2 MINNESOTA PLANNING .• '1`:•?'•'I'.:= • •. November 15, 1999 Michael Leek City of Shakopee 129 Holmes Street South Shakopee. Minnesota 55379-1376 RE: Citizens petition for an EAW for Dean Lake area development Dear Mr. Leek: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that Shakopee is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW,can be found in the Minnesota Rules, chapter 4410. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must he withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (sec part 4410.3100, subpart 1, page 35.) 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW,EIS and Exemption categories listed in parts 4410.4300,4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted,the City has,the 4•-•, option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100,subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained. NOV-16-99 lUt 12:40 rM MN 1'LANNINU MX:651 296 3698 PAGE 3 • November 12, 1999 To: Environmental Quality Board • Attn: John Larsen • 300 Centennial Office Building 658 Cedar Street St Paul, MN 55155 • From: David J Czaja 5262 Eagle Creek Blvd Shakopee, MN 55379 612-640-0387 Pager Subject: The Destruction of the Environment around Dean Lake Area, Shakopee, MN Dear Mr. Larsen Enclosed is our petition for an EAW for a new development on the West and North Ends of Dean Lake. Since a preliminary plot plan has never been submitted to the City of Shakopee and a grading permit was issued, we cannot supply you with much of the details of the development. The citizens of Shakopee have not had an opportunity to raise any issues on the project. Much of the area has now been changed because of the excelerated grading and deforestation the developer has embarked on. We strongly believe that a mandatory EAW is warranted and because of the sensitivity of the area and EIS as well. We believe an EAW should have been completed prior to any movement of soil or cutting of any of the trees. Please consider our request on an urgent basis. Other projects also exist in our area that do not have preliminary approval and should be addressed as well. Thank you, Dave Czaj r Shakopee Citizen NOV-16-99 TUE 12:41 PM MN PLANNING FAX:651 296 3698 PAGE 4 Petition for an EAW November 10, 1999 In accordance with Minnesota Rules Chapter 4410.1100 the undersigned do hereby petition the City of Shakopee to order that all site preparation activities cease and that an Environmental Assessment Worksheet be prepared on the following described project: This project is a commercial project consisting of approximately 300+ acres. It is located in the easterly quadrant of the City in what is known as the Dean Lake Area. It consists of an area bounded by County Road 16 to the South,County Road 83 to the West and State Highway 169 to the North. It includes the area bordering Dean Lake to the North and west. It is understood that a preliminary plot proposal has not been submitted to the City of Shakopee, the proposer's description cannot be obtained. Although a grading permit has been issued. • The name of the projects proposer: Without the preliminary plot plan,it is assumed that the proposer is Jon Albinson, President of Valley Green Business Park, 5240 S Valley Industrial Blvd,Shakopee, MN 55379. Phone no. 612-445-9286. The name, address and telephone number of the representative of petitioners: David J Czaja,5262 Eagle Creek Blvd., Shakopee,MN 55379. Phone no. 612-445-8071, 612-640-0387 pager. E-mail address-czajadj@aol.com. A brief description of the potential environmental effects: Note: Since grading of the site has already started,some of the environmental effects may have already been destroyed. -This is a fish,wildlife&ecologically sensitive area. Since the depth of the lake averages approximately 5 feet any runoff can seriously effect the integrity of Dean Lake. A rare source of cattail as indicated by the University of Minnesota, exists in the lake and this is an environmentally sensitive area. What is the impact on the wildlife and the environment? -Because of the location of the project,the physical impacts on the water resources can be significant. -This project is located within a water-related land use management district. - Erosion &sedimentation is almost certainly to exist considering the sandy soils in the area. -Water quality: surface water runoff into an ecologically sensitive lake is almost certain to occur. -Geologic hazards&soil conditions are such that the depth to ground water is extremely shallow. Note:After the a nearby quarry pumping operation stops, (approximately 2.5 billion gallons of water per year) a significant rebound in the water table could allow the water table to reach within several feet of the surface. Any surface contamination would easily reach the groundwater. The Minnesota Geological Survey have identified this area as highly susceptible to ground water contamination. -Traffic in the area has increased to thepoint it t where be it's one-mile le backups are not uncommon. How much additional traffic will this development add in the area and - Being that this is a valley, additional vehicle related &stationary source air emissions would seriously effect the air quality. At times, air inversions can be seen with the characteristic brown haze overhang in the valley. How will this project impact the air quality? • Noise from traffic on nearby Highway 169 freeway and County Roads 16&83,source noise from Canterbury Park, Valleyfair,Flying Cloud Airport.NSP Peaking Plant, Raceway Park, Minneapolis/St Paul airport,the Railroad switching yard,Trains and endless construction noise. The noise leves reaching aing its rea blankets mthe threshold, how much additional noise will this create? Dust created from the surrounding agricultural rea. -Since Indian mounds exist in nearby(Memorial Park),what Indian artifacts might exist in this area since it is near a lake. Scenic views from the top of the bluff look down over this area. What impact will this construction have? - Impact on infrastructure& public services. How much water use will be required&how will it impact public utilities? The following do hereby sign and petition for preparation of an Environmental Assessment Worksheet: (reverse side) , NOV-16-99 TUE 12:41 PM MN PLANNING FAX:651 296 3698 PAGE 5 Petition for an EAW November 10. 1999 In accordance with Minnesota Rules Chapter 4410.1100 the undersigned do hereby petition the City of Shakopee to order that all site preparation activities cease and that an Environmental Assessment Worksheet be prepared on the following described project: This project is a commercial project consisting of approximately 300+acres. It is located in the easterly quadrant of the City in what is known as the Dean Lake Area. It consists of an area bounded by County Road 16 to the South, County Road 83 to the West and State Highway 169 to the North. It includes the area bordering Dean Lake to the North and west. It is understood that a preliminary plot proposal has not been submitted to the City of Shakopee,the proposer's description cannot be obtained. Although a grading permit has been issued. The name of the projects proposer: Without the preliminary plot plan,it is assumed that the proposer is Jon Albinson, President of Valley Green Business Park,5240 S Valley Industrial Blvd,Shakopee, MN 55379. Phone no.612-445-9286. The name,address and telephone number of the representative of petitioners: David J Czaja, 5262 Eagle Creek Blvd.,Shakopee, MN 55379. Phone no.612-445-8071, 612-640-0387 pager. E-mail address-czajadj@aol.com. A brief description of the potential environmental effects: Note: Since grading of the site has already started,some of the environmental effects may have already been destroyed. -This is a fish,wildlife&ecologically sensitive area. Since the depth of the lake averages approximately 5 feet any runoff can seriously effect the integrity of Dean Lake. A rare source of cattail as indicated by the University of Minnesota, exists in the lake and this is an environmentally sensitive area. What is the impact on the wildlife and the environment? -Because of the location of the project,the physical impacts on the water resources can be significant. -This project is located within a water-related land use management district. - Erosion &sedimentation is almost certainly to exist considering the sandy soils in the area. -Water quality:surface water runoff into an ecologically sensitive lake is almost certain to occur. -Geologic hazards&soil conditions are such that the depth to ground water is extremely shallow. Note:After the a nearby quarry pumping operation stops. (approximately 2.5 billion gallons of water per year) a significant rebound in the water table could allow the water table to reach within several feet of the surface. Any surface contamination would easily reach the groundwater. The Minnesota Geological Survey have identified this area as highly susceptible to ground water contamination. -Traffic in the area has increased to the point where one-mile backups are not uncommon. How much additional traffic will this development add in the area and what will be it's effect? -Being that this is a valley, additional vehicle related&stationary source air emissions would seriously effect the air quality. Al times, air inversions can be seen with the characteristic brown haze overhang in the valley. How will this project impact the air quality? Noise from traffic on nearby Highway 169 freeway and County Roads 16&83,source noise from Canterbury Park, Valleyfair, Flying Cloud Airport, NSP Peaking Plant, Raceway Park,Minneapolis/St Paul airport,the Railroad switching yard,Trains and endless construction noise. The noise level is reaching its maximum threshold, how much additional noise will this create? Dust created from the surrounding agricultural area blankets the area. • -Since Indian mounds exist in nearby(Memorial Park),what Indian artifacts might exist in this area since it is near a lake. Scenic views from the top of the bluff look down over this area. What impact will this construction have? - Impact on infrastructure&public services. How much water use will be required &how will it impact public utilities? The following do hereby sign and petition for preparation of an Environmental Assessment Worksheet: (reverse side) NOV-16-99 TUE 12:41 PM MN PLANNING FAX:651 296 3698 PAGE 6 ' 0 ul >. N cn CCS C `� a- E vs o N `n r 1) N M t� �/ 1 O 0 td N ,� In VI o.. V) V) OC .•� CI 0 CO 112 C twZ$ • - 11;;:i.,.....:--—- .'..-"..-.. , ' ' :: •.: ' ' %.`:Y -r,.../11 'N ( /) '1 ili) 0 ; •:::. .. , • ..-4. jiiiiiitili dit d . CI) :� w' I (. • 1 '- O it > f 11,,, ,.r CJ" j\immos- O i1,1,.' ''..': ::J.c.,.',.. ...., •••'7,•) •p ...S;'-''"A'''..4 0 4411 414 ..� K t: .. - rte ,j I o O `,V C'C5 alt X�'' 1 N ® � - '1 - • ms„ ipT, 7 p,. . � \ C r . ir7_ • ` i 4., tits ,,, „,..,, ._...?"Afforoiret 0, ,‘ V r„„4"y"(-2, ,...e- ...L.).1) ,,. , : ". :-.--II.,. -:;et,‘ ..jg '*=. 41, -/-- - ' • ,,,i40, 4 i .., (1.) •....„ v_, .... 6.„ , -, . i--, ....i1,,,__, 1' Li?"-:I-:41EiAllea')-- f-A ..-1,- —V,./ , 1 Of''' y":1 .7-.'R\4\ "- 9 .1 • —i—I .....;:- '4,-e t ' • : *EAT ..., ., ,..:, ..> Cti `,/ /.. , ,, ► r 1 ji 4\ 1VUV-1 b-9 Bit I L:4L rM MIN lvN IN(i rtMX:b71 L9b JO9d rite / L. i ti" � wag 0 ..... „ taiiin 42, 7. - , friffiTiambuou g .. . , 4 raptor in glit 1 P)c E l ,�y�.. 111 f� ligg thMkAlilitim MI (5 :5 ' 4140: ' '' )vk Eir°: :. >I I.= jraitlE1111#11mrefill - I . c 4, AM 1 IINIZPI ala 10 Li = 0 Mini Mi '� P'OP 1 s. 'VA W. i 1 o Mini Mira , .111111111111111111 ›. . ligrigrali 02 , 1 inill G .0 1, T N Z Q N r r 101.11 111.021.11 111 liMilli I o d � v N N A q « V CC 01 t = (.0 :Y. (I) VIMIlig II I A v c0 Y 00 S c o0 o ar ' g g o x o QC N = O � ►- ..J C.) � J .Td 2 ALI • x � :: a, al NUV—lb-99 lU>; 12:42 YM MN 1-LU N11vU PRA:bD1 19b ib9d YK(it d • .r , a k s, `•. 'Sls• 1. ,5•5-'11,' :li• OD 41'. ' ,NiTii.., • ' ' ;1 ..is • v 'i • �.r j , f �( P f C ^ � 1. ,i • II r,:• • 'P � 1 , +•.;• . A !.' Y �:f•IJe,V�rJ. l • r YIl 0{SI WI 7 i s W "tt,T .,, „ .. ...,�., '~ �! ;Jot.....',,;.- !', : • • N A A f\` T � 4 • N� . ti in !` ' ?' V .. �C� .. f' �/G •,l. .. . a Bryn 1 � .,. • '�. ' V, • C � _ __ V1 I / . O I to : y . GP dya �y ,' C • ,1 ,I4. 'i. C a h 0 T. v e 0) O t 7, NUV'-lb-99 lilt 11:4J YM MN YLANN1Nl1 PAX:b51 196 Jb9d Mit 9 SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION ENVIRONMENTAL HEALTH DEPARTMENT 'Amu' COURTHOUSE A102 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1393 (612)496-8177 Fax: (612)496-8496 MEMORANDUM DATE: March 3, 1998 TO: Michael Leek, Planning Director City of Shakopee FROM: Q Allen Frechette, Env. Hlth. Mngr. SUBJECT: Comments on Preliminary Plat and request for a variance for Southbridge First Addition. Thank you for arranging the meeting on the above issue. We have had a chance to review the materials provided by STS internally and with outside experts (Peter Beckius, SSWCD; Andrew Streitz, MPCA and Bruce Olson, MDH) and there is still a concern about two of the issues raised in our January 21, correspondence. We still feel that there is not a clear consensus on the elevation of the high water level which is likely to occur after cessation of pumping of the Shiely Quarry. We recognize the ramifications for the developer if this elevation is set too high as well as the problems that future home owners will need to deal with if this elevation is set too low and homes are allowed to be built with basements below or near the ground water. We remain of the opinion that additional review by area hydrologists, that are familiar with the setting, be completed. We do not agree that there exists sufficient information to safely establish basement floor elevations to within one foot of the currently established 100 year flood elevation for the Dean Lake drainage basin much less for the other confined basins. We question a number of the assumptions made by STS and the inferences in their February 5, 1998 correspondence to Jon Albinson as follows: • STS referred to the Shiely/Camas EAW which predicted ground water mounding of up to 10 feet above normal (current) conditions in the Prairie du Chien aquifer at the Southbridge property. They concluded that since Shiely/Camas has withdrawn their request for the quarry expansion that "the projections included in the EAW do not apply. " This may mislead or infer that a rebound of the water table following cessation of pumping will not occur, which is not An Equal Opportunity/Safety Aware Employer NUV-1b-`J9 lUC 1L:'L rM MA rLt11 NINu rhA:071 LyO JOVO lU Michael Leek Re: Southbridge March 3, 1998 elevation which as STS suggests could be above the 100 year flood elevation it is easy to visualize our concern from this map. We also continue to note that sedimentation ponds within this development need to be lined with two feet of low permeability soil to meet Federal NURP standards in areas such as this that are highly susceptible to ground water contamination. Allowing residential and commercial storm water runoff to rapidly infiltrate into an area upgradient from a municipal well field presents a risk that need not be taken by the community. cc: Jon Albinson, Valley Green Steven Carlson, STS Patrick Lynch, DNR • N:\WORD\M!SC\SBRIDGE.DOC , NOV-16-99 TUE 12:43 PM MN PLANNING FAX:651 296 3698 PAGE 11 SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION ENVIRONMENTAL HEALTH DEPARTMENT , ." COURTHOUSE A102 428 HOLMES STREET SOUTH SHAKOPEE,MN 55379-1393 (612)496-8177 GARY L.CUNNINGHAM Fax:(612)496-8496 COUNTY ADMINISTRATOR BRADILEY J.LARSON ASSOCIATE ADMINISTRATOR AL FRECHETTE ENVIRONMENTAL HEALTH MANAGER MEMORANDUM DATE: May 12, 1997 TO: Michael Leek, Planning Director City of Shakopee FROM: - "Allen Frechette, Env. Hlth. Mngr. SUBJECT: Preliminary Comments on East Dean' s Lake Planned Unit Development Thank you for the opportunity to review the East Dean's Lake Planned Unit Development Application and Draft EAW. After reviewing the scope of this project and the draft EAW it appeared that this project might be of a scale which requires an Environmental Impact Statement. You may wish to check out Minnesota Environmental Quality Board Rules. Specifically MEQB Rule 4410.4400, subp. 14. I was somewhat confused as to whether or not this was the entire scope of the project. Several of the included maps show the project area to include additional land up to County Road 18 where internal roads are shown. I was also sent a review sheet for West Dean Lake Area, which I believe is being proposed for rezoning to accommodate an industrial/commercial development. Considering the proximity of these two large developments you may want to check out MEQB Rules Section 4410. 4400 subp. 21. We have had to deal with a number of projects that fall into the category of Phased or Connected actions lately, so I am somewhat tuned into looking at projects in that light. Scott County even adopted some guidelines last summer to assist staff in reviewing these developments because of the ambiguity of the EQB rules. The EQB rules were recently amended also, you can contact Greg Downing at the EQB at 296-8253 for assistance. I understand that Shakopee Public Utilities is currently in the process of gathering additional information on the municipal wells and in the early stages of defining wellhead protection areas. That information should be very helpful in the review of this and other projects . As you know, this area has been delineated as being highly O:WO RDIMIS CtSHAICOD E v.DOC NOV-16-99 TUE 12:44 PM MN PLANNING FAX:651 296 3698 PAGE 12 • susceptible to ground water contamination and portions of the site have also been preliminarily delineated Enthin the We1�Louad VanHoutChasn area for Shakopee wells 4 and 5 by gineering more information on this. As I have noted for similar projects, storm water retention ponds should be lined to protect ground water resources especially in this area. Current State rules inadequately address the interconnection of storm water ponds and round water and should not be relied upon to protect Shakopee's ground water resources. In the soils on the project site, unlined storm water retention ponds simply trade the pollution of surface water for ground water. One sedimentation pond sshown ajacent to an some additional concernsaforned ground landfill. That pond may present water. Scott County is continuously updating the information in our GIS systema We have some hydrogeological information in it now and hope to obtain more data from a recent hydrogeological study conducted by the University of Minnesota and Minnesota Department of Natural Resources. I would be glad to show you what tools we have that might benefit Shakopee. In addition, the newly created Southwest Metro Groundwater Task Force may be helpful. • cc: Greg Downing, EQB Lou VanHout, Shakopee Public Utilities Commission 0:1WORDUK1S0SHAICODE".D0c NOV-16-99 TUE 12:44 PM MN PLANNING FAX:651 296 3698 PAGE 13 • DEAN LAKE SCOTT COUNTY - SOUTHEAST OF SHAKOPEE • • A Report on the Source of Water for Dean Lake and Analysis of Potential Development of Dean Lake and Potential Hazards in Other Developments Which May Concern • )./ the Future of Dean Lake for The Lower Minnesota River Watershed District and City of Shakopee • • • I hereby certify that this report was prepared by me or 111 under my direct supervision • and that I am a duly Registered' Engineer under the laws of the State of Minnesota. Lawrence E. Samstad, P. E.. Minnesota Reg. No. 6220 NOV-16-99 TUE 12:44 PM MN PLANNING FAX:651 296 8698 PAGE 14 TABLE OF CONTENTS • PAGE Purpose 1 Basic Data 1 Location 3 Local Soil Relationships 4 Local Subsoil Relationship 4 Local Bedrock Condition 5 General Bedrock Condition 8 Lake Inlets and Watershed Area 11 Outlet 12 Amount of Recharge - Water Availability - Water Budget . 12 • Existing Problems 13 Analysis of the Quarry Dewatering Operations 13 _ Installation of Metro Sewer System Interceptor 15 • Future Problems 16 Residential Development 17 Drainage of the Dean Lake "Watershed" 17 t Recreational Uses of Dean Lake 18 Conclusion 18 Recommendations 19 Supplement 21 LIST OF FIGURES PAGE Separate sheet Figure 1 - General Area Location Map Se p Figure 2 - Test Hole Location Map Separate sheet Figure 3 - Schematic N - S Cross Section Showing Elevation Relationships of Dean Lake and Existing Terraces 3 Figure 4 - Original Supposed Existence of Dean Lake . . . . 9 Figure S - Revised Theory on Dean Lake 10 Figure 6 - Geologic Cross Section N - S thru the Area East • of Savage, Minnesota 20 • • LIST OF TABLES • PAGE Table A - Test Holes 6 (.. NOV-16-99 TUE 12:44 FM MN PLANNING FAX:661 296 3698 PAGE 15 • • • DEAN LAKE SCOTT COUNTY - SOUTHEAST OF SEHAKOPEE A Report on the Source of Water for Dean Lake and Analysis of Potential Development of Dean. Lake and Potential Hazards in Other • Developments Which May Concern the Future of Dean Lake Purpose The purpose of this report is to acquaint the reader with the basic nature of Dean• Lake, Scott County. As many lakes are depen- dent on their nearby environment for their maintenance and quality, Dean. Lake appears to be that type of lake which is reliant upon its surroundings for its existence. The relative fragility of Dean. Lake may be better understood through the investigation and report herein. Recent development and plans have indicated that major changes will occur in the Dean . Lake area. The purpose of this report is to outline the relationship of these changes to Dean Lake and to recom- mend steps that may be taken to preserve Dean Lake for posterity. Basic Data Minnesota Department of Natural Resources "Inventory of Minnesota Lakes" lists Dean Lake as being 128 acres in size. It is further classified by the Department of Natural Resources as a natural enviror:- NOV-16-99 TUE 12:44 PM MN PLANNING FAX:651 296 3698 PAGE 16 ment lake. The Department of Natural Resources has not designated the origin of Dean Lake in its inventory. "The Water Resources Invca- tory of the Lower Minnesota River Watershed District" lists the fol- lowing data in Table A of the Appendix. Dean Lake • Location: Sections 10, 11, 14 and 15, T 115 N, R 22 W, Scott County, 2 miles SSE of Shakopee, Minnesota. North of Township Road. Area: 216 acres. • • Shoreline: Length: 16,800 ft; 3.2 miles. Type: Flat - marshy. • Approximate Elevation:. 746 M.S.L.D. Depth: 5 ft. est. (maximum) 3 ft. est. (average) Water Supply: Seepage, natural springs and intermittent sur- face drainage from terraces and bluffs to the South. Inlet: Springs and surface drainage (intermittent unnamed creek to the Southeast. Outlet: Infiltration to the ground. Special Notes: Spring fed perched lake - an expression of the local ground water table. The following paragraphs describe Dean Lake. They are found on page 2 of the previously mentioned "Water Resources Inventory of the Lower Minnesota River Watershed District". "Dean: Lake is a perched lake and marsh. It is the ex- pression of the local water table in the area and lies east- ! southeast of Shakopee. Its flat shorelines are similar to the flood plain lakes previously described. It differs considerably, however, in that it has no pri- mary inlet or outlet. Air photos show that a stream appears to run along the edge of this lake. It seems to have no origination nor end. The water is clear and the lake is shallow. • 'nu: water surface is far above that of the flood plain lakes. The water supplying this lake is probably sub-surface • dr•:linage in the sandy arca from an old river terrace which lies to the south. The closest drainage from the lake appears to be an intermittent creek to the north which flows through Rise Lake. There may be some local drainage to the lake but it is considered insignificant." 7 4-+f 71 N0V=16-99 TUE 12:45 PM MN PLANNING FAX:651 296 3698 PAGE 17 depths. (See Table I) From test hole borings taken specially for this • project, local subsoil is primarily a sand and fine sand. Again, • because of the porosity and permeability of this sand, water moves through the subsoil easily and from this we may surmise that Dear. Lake, being in contact with this previously described soil and subsoil, ' is a manifestation or that the water surface of Dean Lake is a reflec- • tion of the ground water table in the immediate area. • Local Bedrock Condition • . e Since Dean Lake is located on an old river terrace (most likely of the Glacial River Warren) one may also suppose that there may be an underlying bedrock formation which may resemble a terrace. If for instance, the bedrock rises to the North, from the north edge of Dean Lake, then it may well be that Dean Lake while being a lake \- created by the water table in that locality, that it also is formed by the basin created by the rising shelf of bedrock. Table A indicates that the general water table is about 745 or 746 feet. The U. S. G. S. map of the area from 1967 indicates that the water level in Dean Lake was 746 feet. } Essentially in the area of Dean Lake the bedrock is relatively flat. The water table is also relatively flat. Both bedrock and water table elevation drop off to the North. E • The only clue that this series of test holes gives is that Dean Lal-,; • is the expression of other water tables over a shelf of bedrock and th:,t • -Dean I.:,ke is in a depression in this alluvial sandy soil which lays : l upon tl,:,t shelf of bedrock. S of 23 NOV-16-99 1U.I; 11:45 1'M MN 1'LANN1NU MX:651 196 j698I FADE 18 TABLE A . DEAN LAKE Test Holes Elevation of Test Hole Death SoilSs Underlying rock 1 0-19.6 ft. brown sand 726.465 Water E1evation:735.06t 2 0-16.0 ft. brown sand 735.015 3 0-12.6 ft. brown sand 741.565 Water Elevation:745.06E 4 0-11.0 ft. brown sand with 742.925 Water Elevation:744.92f some iron 5 0-14.6 ft. brown sand 739.99 6 0-15.6 ft. brown sand 741.35 7 0-13.0 ft. brown sand 742.96 8 0-13.6 ft. brown sand 740.495 9 0-13.0 ft. brown sand 742.185 I( 10 0-11.0 ft. brown sand 744.125 Water Elevation:746.525 11 0-19.0 ft. brown sand 734.915 12 0-13.6 ft. brown sand 747.21 Water Elevation:752.81 13 Omitted (We're superstitious) 14 0-0.5 ft. brown sand 741.47 0.5-7.5 ft. tan sand 15 0-6.4 ft. tan sand 743.1 16 0-7.2 ft. tan sand 741.77 17 0-5.5 ft. tan sand 743.78 • 18 0-6.8 ft. tan sand 743.65 Water Elevation:745.45 19 0-11.0 ft. tan sand ' 11.0-12.0 ft.sandstone 8 limestone . 12.0-18.0 ft. tan sand 730.905 20 0-7.6 ft. rock 6 limestone 741.77 J 21 0-10.6 ft. lime at bottom 739.38 6 of 23 NUV-1b-99 lUL 1L;40 rM MN rLiU N1INi r!A;b71 LYO JOYd rHli@ 19 • TABLE A (Continued) Elevation of . Test Hole Depth Soil Class ' Underlying rock 22 0-11.6 ft: brown sand 741.66 23 0-14.0 ft. brown sand 742.845 24 0-15.6 ft. brown sand 741.855 25 0-12.6 ft. brown sand 745.805 • 26 0-10.0 ft. brown sand 744.32 27 0-7.0 ft. brown sand 747.44 28 0-11.0 ft. brown sand 746.32 29 0-14.0 ft. brown sand 743.23 30 0-11.6 ft. brown sand 741.165 31 0-10.6 ft. brown sand 744.24 ►� 32 0-9.0 ft. brown sand 746.445 33 0-9.6 ft. brown sand 744.785 34 0-21.6 ft. brown sand 738.35 35 0-20.6 ft. brown sand 735.835 36 0-13.5 ft. brown sand 740.79 37 0-14.0 ft. brown sand . 736.43 38 0-15.6 ft. brown sand 732.975 39 0-20.6 ft. brown sand 729.46 40 0-21.6 ft. brown sand 725.37 41 0-24.0 ft. brown sand 724.25 7 of 23 1VUV-16-99 M. 1L:4D rM MN rLANN1IVlrrHX:071 Ln 7090 rfluL LU General Bedrock Condition According to test holes and wells driven in Shakopee and Prior Lake, the near surface deposits at Dean Lake is the Shakopee-0neota Dolomiti. As indicated in "The Geology and Underground Waters of • Southern Minnesota" • .. "The terrace sands and gravels occur at a number of points along the Minnesota Valley, especially south of Shakopee and southeast Their Belle Plaine, and represent the deposits of glacial streams. • present occurrence as terraces is due to more recent erosion. The ss erials generally consist of clean sands and gravels having a ss of 30 to 40 feet and consist estinclean on benchesds acutd gravels the underlyingadil thick- ness of 30 to 40 feet and r g absorb rain readily, drift or in the more ancient Palear�nagerocks. into theyadjoining valleys, but the water is quickly lost by • at least near the edges of the terraces. Farther back, and where there are depressions in the underlying drift surfaces, considerable water remains." together with the following comments by Schwartz from Bulletin No. 27 t of the Minnesota Geological Survey... Fort "Springs are common along ofethee nlarger onesRiver dischargevalley eimmediately • Snelling and Shakopee. Some west of Savage on the soutls15eCovered bYriver. verq thin mantleaof of the Shakopee-Oneota dolomitetherefore be concluded that the large unconsolidated material; it may flow of water is due to accumulation drifthe indthetbluffsitoetheasouth bove ` the rock. The very heavy mass i supplyfor the large flow. furnish an adequate The so-called "boiling springs" on the Nattenberger farm, about three and one half miles west of Savage (Sec. 18, T. 115 N., R. 21 W. , are probably of this same type. Tests indicate that the Glendale Twp.) Pwhich form a pool along dolomite lies only 30 feet below these springs, whicl at intervalsolof a small creek valley. These springs. raiseslthe water a foot or more a few minutes. Normally the "boiling" above the surface of the pools but tTeaownersareport that tococcasionally agitation is much more violent, ee the aF "boiling" is merely feet. The water is of normal temperaturendtheu" oo a i fier e an up-welling of water under pressure, probably suspended clay in the pool , which settles down and confines the water until the pressure builds up sufficiently to burst through the clay in ;� would also explain why the "boiling" shifts from place to place This ool . It is possible that the water may be supplied from fiss')TCS the p in the dolomite rather than from unconsolidated deposits. i . 8of 23 1NUV 1b-99 lU . 1L:40 rM bill rLiU N11V1r rnA:n71 Lo .1m5 rnuc L1 IS ti �� . f.... : .. : • o . . .� �� s r Q � . q; III N-�` . Q o J .A....3 - . .i,• ..h. .._... ... 1, 1\ vii ... NI% ;s. �� , �N 0 W I . V QF t . 4141 I- lki 1- '.. N,,,... ,, , •-• f rrI^ o f } I ‘N:x4 !q -.4 .:.::::::.....-::N. .„. El /-:-. . 1N ) 1.4. .-..• ., • , c) ,_,.. \,, a W Qo h 0 N NOV-16-99 TUE 12:46 PM MN PLANNING FAX:651 196 369I3 PAGE 11 s 1 ... .`':', r .. .. . •• ., A :. . \ . • . . fie w . 1\ .: :: . . 1.a.._is.1 'i lif) •: . , • t.0 v •;;q•S CI '.R • \lt .i .\ . > �;� : � • . LI Q bil • 4 • :t 14 -.........si. \:\ \\;\ M -i. 1.-;:\ 14 Ak iii LI) 1 a \ .`� W � i-1 Nt a .Q S 10 of 23 NOV-16-99 1 U1r 11:46 1'M MN t LANN I NU A1 :651 296 Jb9d t'AUt 23 What this means is that the Shakopee-Oneota Dolomite may be in tact (i.e. without fissures) holding the perched water table at the Dean Lake location. The elevation in Table A indicates that this is not so and that Dean Lake is most probably either spring fed or fed by surficial percolation reaching the bedrock and travelling along the bedrock until it reaches some relief point in the lower (elevation wise) Minnesota River Valley. Since the limestone is fissured (See Test Hole data Table A, • particularly Test Hole 19) then it is also highly possible that water tables in the Dean Lake area is not only related to the terracing situation but also to the underlying bedrock. Springs from the Shakopee Oneota Dolomite (limestone) may feed the ground water table at or • • near the Dean Lake location. • . • Lake Inlets and Watershed Area Although a ditch was found to lead to Dean Lake from the southeast, this ditch is not the only inlet to Dean Lake. Intermittent streams from Pike Lake and from the terrace to the South of County Road 16. Both areas are South and Southeast of Dean Lake. Since Dean Lake is in a sand terrace formation which is relatively { flat and widespread East and West, the true watershed of Dean Lake is difficult to detail with another terrace to the South (described above and a highland South of that again which is the moranic-pothole lake formation of which Prior Lake and Pike Lake are a part. One can only estimate the basic watershed is in excess of 10 square miles or veer 6000 acres. • 1VVv-10-yy 1UC 1L:40 rm MA rbtu Iv11VV rnA:071 CYO Joy() mut, L' For the most part the soils of the watershed area are porous and permeable and surface flows to Dean Lake are probably infrequent. As stated before Dean Lake can attribute its water supply to the ground water table existing in the 6 to 8 square miles adjoining the lake. Outlet • An intermittent outlet to Dean Lake was found. This outlet carries off excess water during high water at Dean Lake. It flows North about a quarter mile, then East about a quarter mile parallelling a Township road and then crossing the township road to the North eventually- crossing the Chicago and Northwestern Railroad and State Highway 101 rights of way northerly to Blue Lake which is a flood plain lake about 2 miles North of Dean Lake. ( Again as in the section on lake inlets and watershed, it is considered that most of the water moving out of Dean Lake moves underground toward the North. • Amount of Recharge - Water Availability - Water Budget Without a truly definable watershed and without a measurable outlet, the water budget for Dean Lake cannot be accurately determined. The premise that Dean Lake is the expression of the water table is the only answer if continuous inlet or outlet exists. Further the water of Dean Lake is not stagnant, by observations taken during the development of this report. Therefore, underground water motion, along with the geology of the situation (See Figure 2) is only plausible reason for a like being continuously clear and clean without noticeable recharge. • 1: of 23 NOV-16-99 TUE 11:41 1'M MN t'LANN1NG PAX:01 29b Jb9d FADE 25 Existing Problems In 1974 the lowering water levels of Dean Lake dropped according to local residents and also according to our visual observations. The cause of this drop was thought to be artificial. Pumpage from local quarries (1 mile to the Northeast) was one of the suspected problems. . Also during that period a severe drought hit Southern Minnesota and the resultant drop in water table could also have been caused by that natural event. Analysis of the Quarry Dewatering Operations In April of 1974 the J. L. Shiely Company applied for a water dis- charge permit for an average monthly discharge rate of 4.564 million ( rr gallons per day. This water was to be pumped from a limestone quarry • .t. about 1 mile North of Dean Lake. To have an appreciable effect on Dean Lake, the drawdown of water table would have to be several feet over the summer of 1974 which would mean a water loss of approximately one half to one foot over the general area in one month. • Assuming an area of about 5 square miles to be the required area of influence of the quarry pumpage, that is to say, that in order to drop the Mater levels in Dean Lake, the effect of the pumpage at the Shiely quarry would have to be relatively consistent over an area of about 5 • square miles due to the nature of the sandy subsoils. 13 of 23 NOV-16-99 IU1. 12:41 YM MN YLANNINli CAA:b71 LVO JOH !Wit ,t If so: 4.564 million gallons per day would equal 610,000 cubic feet of water per day over 5 square miles, this would mean a drop in water tables of about 0.0175 feet per day (assuming the subsoil porosity at 25%) in 30 days, then the water table would be expected to drop less than 0.525 feet. With a normal recharge of 26 inches per year (this assumes 100% infiltration of yearly precipitation) would accommodate 4 months of pumping if just 5 square miles were involved 6 months; if 10 square miles were involved and if the recharge from the upper morainal deposits both surficial and underground, the area of recharge would be much greater than 10 square miles and expected recharge would be greater or at least equal to the amount pumped out of the quarry. Remembering r' that this assumes no flows as springs to the quarry from the Shakopee Oneota Dolomite. Further, it must be noted that evapotranspiration which could be as high as 20 inches per year is also a concern as to losses which occur. Adding the evaporation loss to the loss due to pumping it is obvious that a strain is being placed on the supply to the Dean Lake area. Another complicating item is the deficit in precipitation in this area in 1973 and 1974. According to U. S. Weather Bureau figures average annual precipitation at the Minneapolis-St. Paul International Airport is 25.94 inches. In 1973 the annual precipitation was 2] . 15 14 of 23 AUv-j -VV iuC 1L:41 rivl MA rLttmilAu rtiA:o71 Lyn )oyo rnur, Li inches or 4.81 inches below normal . Similarly in 1974 the annual snow and rainfall was 19.11 inches or 6.83 inches below normal. burin the ears 1973 and 1974 the total •recir.itation was therefore 11 .64 inches below normal. - The effect of this deficiency would be to lower the water tables in this area as well as others. According to publicized reports this was the case throughout Minnesota. The occasion of the added withdrawal of water from the Shiely pit and the decrease in annual precipitation (and the subsequent deficiency , in recharge) , combined to deplete the local ground waters and therefore . drop the water levels at Dean Lake. . The significance of the 73-74 drought is easily evident. The effect of the quarry is, however, not known at this time. It may be significant and it may not. Installation of Metro Sewer System Interceptor The Prior Lake Sewer Interceptor is planned for the Dean Lake Area. Figure 1 indicates the presently planned location in the Dean Lake area. Excavation of soil and a small amount of bedrock will be necessary*to install this sewer. From the foregoing analysis, the removal of soil and its replacement should cause no problems. The removal of some bedrock may not cause a problem if care is taken not to disturb the bedrock layers by blasting. 15 of 23 NOV-16-99 TUE 12:47 PM MN PLANNING PAX:651 296 3698 PAGE 28 • with a lake, apparently as fragile in nature as Dean Lake, care should be exercised so as not to disturb the balance of the bedrock by causing further fissuring by blasting. if the same material is replaced over • the sewer lines and the porosity and permiability is not disturbed, Dean Lake should remain in its present state. If dewatering techniques are required, one may expect that Dean Lake may lower even more and may become dry until after the sewer interceptor has been completely installed. A continuous inspection of the bedrock and other excavation should be maintained during the work and the data taken to shed further light • on the methods by which one could maintain Dean Lake in its existing state. •Recent reviews, in May and June, 1975, indicate that a portion of the water has been restored to Dean Lake probably. due to the increased snowfall in the early months of 1975, some minor flooding on the Minnesota River and ample rainfalls in April, 1975. Without continued correlated data between pumpage from the Shiely quarry and lake levels at Dean Lake, no one would be able to determine the amount of significance the quarry dewatering has upon Dean Lake. Future Prob l ems Continued problems lie in the future for Dean Lake. Residential development would be one. Drainage of the areas which now feed the Venn Lake water table is another problem. Recreational uses of Dean Lake may in time become a concern to Shakopee residents. 16 of 23 NOV-16-99 TUE 12:48 1'M MN PLANNING FAX:651 296 j69U FAUE 29 The first step, however, is to preserve Dean Lake. Then the other problems have some reason for consideration. Without Dean Lake the problems considered here are moot. We can briefly review the problems, however, so that further con- sideration may be given to planning in Dean Lake area. Residential Development As yet, relatively little residential development exists' at or near the shoreline of Dean Lake. Approximately 5 homes (two under construction) exist near the southwest shore of Dean Lake and others may and will be under construction. Seventeen houses are located on the edge of the upper terrace South of Dean Lake and on the north side of County Road 16. ( • . Two of these homes are a part of two farmsteads. r . i Pollution problems at this time are not significant. Future extensive development could change this picture, however. It would seem here that planned densities in the Dean Lake area may maintain the natural esthetic value of Dean Lake while allowing for moderate growth of the area. Encroachment of an industrial nature into this area would, in the writer's opinion, be a mistake. • Drainage of the Dean Lake "Watershed" As indicated before, the true "watershed" of Dean Lake is not easily defined. However, with the fact that Dean Lake is reliant on infiltration of precipitation for its maintenance, surface or underground conduits for 17 of 23 NOV-16-99 TUE 12:48 PM MN PLANNING FAX:651 296 3698 PAGE: 30 storm water runoff may carry away that water which Dean Lake needs to remain a lake. Because Shakopee will develop and grow, today, Shakopee must properly plan its storm water runoff system with the idea that Dean Lake will either be retained or will be allowed to go dry. The urban sprawl of the Twin Cities will eventually make this decision an important one. Recreational Uses of Dean Lake Dean Lake, being as shallow as it is, would not sustain power boating. At present it is surrounded by marsh land and is wildfowl habitat. Further development of other recreational purposes other than its present natural state seem unnecessary. Hunting should eventually be banned due to the proximity of houses on the bluff and the Dean Lake area might well be kept as a bird and animal sanctuary. Conclusion 1. Dean Lake is a shallow, marsh bordered lake with relatively pure water. 2. Dean Lake is an expression of the water table at its location. 3. Local and general fluctuations in water table effect the size and depth of Dean Lake. 4. Both local and general fluctuations are subject to change as a result of man's development of the area and are also subject to climatic and natural changes. 5. Development in the area is beginning and the result may have a pronounced effect on Dean Lake. 18 of 23 NOV-=16-99 1UE 12:43 PM MN rLANN1NG FAX:651 196 3694 PAGE 31 6. Local or short term disturbances apparently do not effect bean Lake permanently. 7. Dean Lake is therefore a fragile lake where local and even general developments in the area must be carefully studied if Dean Lake is to be preserved. . Recommendations 1. That Dean Lake remain under continued study by Shakopee and the Lower Minnesota River Waterbed District. 2. That imminent projects such as the dewatering of quarries and the installation of utilities be carried on with continued watchfulness • for direct adverse effects on Dean Lake. Should such effects be noted, action should then be taken to remedy the problem. 3. A total water resource plan should be considered for Shakopee. 4. Wastage of the amount of ground water from the dewatering of any quarry should be stopped if possible. A possible solution would be to pump this ground water into a municipal system to provide water for individuals. commerce and industry. S. Dean Lake should remain a natural aesthetic lake without de- OPMEMIIIMINNIWatigioniager velopment. 6. A possible preserve should be created with Dean Lake as the primary consideration. • 7. That residential development be carefully planned to preserve the nature of Dean Lake. 19 of 23 NOV-16-99 Tut 11:44 YM MN YLANN1Nl; M X:b51 196 jb9d 1'AUE j1 Supplement to the Dean Lake Report In answer to some additional questions this supplement reviews other possibilities regarding Dean Lake. • To further review the evaluation of what effect pumpage from the Shiely quarry has on Dean Lake, it would take in our estimation, $50,000.00 to $100,000.00 to determine the % influence that pumpage would have on water levels in or near Dean Lake. With what we know at this time, if pumpage from the quarry were supplied 50 to 100% by the Dean Lake surface water, Dean Lake would, in our opinion, have been dry within the first two months of pumping from the quarry. The effects of other projects on Dean Lake are not known. Prior Lake sewers for one, may have some effect. The Shakopee Storm Sewer System which is presently being finished could have had such a relationship to the water tables near enough to Dean Lake to have had an effect. We cannot stress enough at this time the importance of rainfall as a measure of the available water to Dean Lake. Had the rainfall during the period of recession of water in Dean Lake been average to above normal, one might easily conclude that other factors were causing the decline of Dean Lake. However, with half a year's rainfall lost in a two year period, Dean Lake which is supplied mainly by surficial waters, would have been • expected to drop in water level. 21 of 23 NOV'16-99 TUE 12:49 PM MN PLANNING FAX:651 296 3698 PAGE 33 Further, time and future rainfall and snow melts will tell the story without a lot of engineering study and expense. As indicated in the report, the average to above average snowfalls and snowmelts and rain of January to June, 1975. brought the Dean Lake back up in water levels. The sub- sequent drought of the summer months of 1975 have again dropped the levels. Concern of local residents are understandable, but these concerns must not lead to hasty, unwarranted or costly actions. Rather, the loss of lake levels at this time appear to be only temporary. If waiting for more normal weather conditions is all it takes to replenish the water to Dean Lake, then no cost is incurred. If precipitation and replenishment of ground water by natural means does not solve the problem, then other methods of:•maintaining the water supply or water level can be determined. One such method would be to build an impervious dam around the east, north and west sides of Dean Lake. This dam would be underground and could be accomplished by digging a trench to bedrock and fill it to a desired level with a more impervious soil than the existing sand. The effect of this would be to capture and retain water in the Dean Lake area to a set level. At that level, the water would be released through the soil or through an outlet structure for waters above the design level. It is our opinion that this type of project should only be considered if weather during subsequent years, in changing to a norm, does not bring back adequate lake levels. 22 of 23 NUV-lb-99 1 U1; 11:49 YM MN t'LION 1 NI. NAX:b51 196 jb96 FACE j4 At this time we advise a policy of watchful waiting in regard to Dean �, Lake. If more normal conditions return we believe Dean Lake will also return to normal. Respect€ully submitted, Lawrence E. Samstad, P. E. Registered Civil Engineer Minnesota Reg. No. 6220 t 1 • • • • L • 23 of 23 IIVY ,IU 77 1UL 1L.17 1 in inpi r Lripipi 11,4V ritA:0)1 LO ,nyo rAut, j D ".-is.'•• i', f' '•e• .:4 ,.. • :.0 ‘; •: e• : , •••- . • •• .. •— 1. •• .• • _ .. , • 3 . • ....• ."7:...:i, .1'.'.• ; I • . •Ct . .• ‘... •.' .1'.', • s:t iI, e 1 .,1I ,.: .1::• .t I •al I tv ',... , ' • tq' ••••1.-f• k• i V i tt A • '....: ;sr ... ck 1..._ i • lik,i • • .•1 - tti' ,t,t, __I1___-*N•§•-_••-__ 'N'&,41, 1 J. a ---....s.--7Z----c=:... --- '.. . Vio 81 I • '" --!..:, • q° " • „,. ...,,,. • ;•,,,'A .1 '. '''' ;1%41. ' . .1. ...:a... 14. kilt Lu ; % t • -0 \*:•; f.i • ..„; ,....7* • :1. .r.t.I.F. 1' i I i 1 i 1 ; 8 ,„... .; •• 1•••• • `c IN , . ,,-; 1:1•• .. .. • —.. . ko i 14 lk ; : 4• ,.•- •-... • • .' • ...,f.! ,: . • ....• : . ...!?.. ;''. • • ••:; -. Ar p' . .......• z-i,.. 1 ::...•.;,.1:•t.._ .;. ., .. ...t7....?; . I !• . •',;!.• ..it. ,.- !- :„._ez..._--— - ' N' / •': . t..7:,,.. • i - ":..4,-- - , t .:, ' .7.4; -.1.• • •• I a --__•," . . * .••!•• , •,....f...i;;#•,...... • :...i -7t...,..-.. • CITY OF SHAKOPEE / 6. u , Memoran bim TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews,Planner I SUBJECT: Waiver of Subdivision Criteria DATE: November 16, 1999 DISCUSSION The City has received a request from Pheasant Run of Shakopee L.L.P. for waiver of subdivision criteria. Attached for your information is a copy of the correspondence and property drawing received relative to this request. Section 12.21 MINOR SUBDIVISIONS., Subd. 2. states that minor subdivisions are prohibited when: A. Where the subdivision indudes a change in existing streets,alleys,water,sanitary or storm sewer,or other public improvements. B. Where additional right-of-way needs to be dedicated,and the right-of-way has not been previously been deeded to the City. C. Where easements need to be changed for the subdivision,and the appropriate changes have not been made through vacation and/or deeding of easements to the City. D. Where new streets,utilties,or other public improvements will be needed other then to directly serve the lots created and to provide a direct connection to an existing and approved system. E. Where the proposed minor subdivision involves any unplatted property. F. Where the proposed minor subdivision involves unusual elements, policy decisions, that the Planner determines require detailed review. This proposal requires a waiver in order to go through the Minor Subdivision process since it will involve a dedication of street/easement and since the property is not platted. The result would be the connection of French Trace Avenue with Quail Drive and the creation of one single family lot. ALTERNATIVES 1. Approve the request to waive subdivision criteria. 2. Do not approve the request to waive subdivision criteria. 3. Table the matter and request additional information from staff and/or the applicant. ACTION REQUESTED Offer a motion consistent with the preferred approach, and move its approval. Jared D. Andrews Planner I i:\commdevkx\19991cc1116\waive r.doc /. III fip pi Ph ..7 ,,, ,. , / ,..„ 1 October 29, 1999 City of Shakopee Mayor City Council 129 Holmes Street Shakopee, Minnesota 55379 Re: Request for Waiver of Minor Subdivision Honorable Mayor/City Council, We would like to request a Waiver of Minor Subdivision (Chapter 12, Section 12.08) allowing a parcel to split off without meeting the requirements of minor subdivision. I have enclosed a copy of the Legal Description and Survey along with a copy of the Warranty Deed from ISD #720. The right of ways will be maintained 50/50 by the School Dist. And Pheasant Run. If you have any further questions,please contact me direct at(612) 894-2440. Sincerely, V/4,,e' ,--/je_14_._. Margie Hilla 2. Pheasant Run of Shakopee L.L.P. 2500 West County Road 42 • Suite 11 • Burnsville,MN 55337 • (612)894-2440 • Fax(612)890-9281 http://www.PheasantRunHomes.com : :'� ►' ����'::��.';,'. ' 4101,7%.�WpAb WI Q. LOCATION MAP mill ,-r-/1 .' :iiilf diIf,,VI d, /i�I �r Zila ♦ II/t.r 4..111 s.•. t■ 1111j�::� ..71;41 it"--.�F ssssss s..---sat�t; ��� :� /111 •• r � ,cam .:; .11w. !.r ■1.♦ ^��si a. i-'u sr. qi ('la ,Iw �..� �. r-l.��' �■ a. ♦ 4- as 1�/ i• `'" • a. . _a Aft :!flt1';'IIIii;i,''t ;tilill`i' .:.t 0 `' i _ _�--- ..:-!fill - �� µWY��i . ." /1 AG MI B1 - P- i 0,/,- AG Pi I' ll mmi H AVE :Med�sr ** - 40 I-f ,,._ _ l--::;;,rte :�t s.F0, E k., r al r: !1'ill s, Wti U �� A-• .. Carat a -: 1111:?::*:;itti1;,!:11 .7: ''- - .47#0,p, / h; 1Z Iir Isoiiifiri :'74 F. +4,4 / ' • a lb *:,./:‘''. *0", 0 ro's - SIM .. ♦�, i '• �►►a a. ss 411 . :;„,., till 1 / 1111111111, Lion ' Ailialosi ,,IllIal -4 IMO t; I AG R1 B AG III 1 LLJJ I i 1 INV,1N1E 1 lit. 6,•, . 1 / VA1.LEY VIEW ROAD IMMIIIIIIIIIINOW Plariiii• goAig .mai ..n e111:111 ^AVE. --a - R R EXHIBIT A SKET AND DESCRIP ION FOR PHEASANT RUN OF SHAKOPEE', L.L.P. PROPOSED PROPERTY DESCRIPTION: That part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 0 degrees 05 minutes 49 seconds West, assumed bearing along the west line of said Northeast Quarter of the Northwest Quarter 190.05 feet; thence North 89 degrees 57 minutes 59 seconds East, 13.20 feet; thence southeasterly 282.54 feet along a tangential curve, concave to the southwest, having a radius of 180.00 feet and a central angle of 89 degrees 58 minutes 12 seconds; thence South 0 degrees 05 minutes 49 seconds East, tangent to said curve, 10.28 feet to the south line of said Northeast Quarter of the Northwest Quarter; thence South 89 degrees 58 minutes 35 seconds West, along said south line 193.00 feet to the poi.lt of beginning. PROPOSED EASEMENT DESCRIPTION: A 60.00 foot wide permanent easement for public right of way purposes over, under and across that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, the northerly, northeasterly and easterly line of said easement is described as follows: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 0 degrees 05 minutes 49 seconds West, assumed bearing along the west line of said Northeast Quarter of the Northwest Quarter 190.05 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 59 seconds East 13.20 feet; thence southeasterly 282.54 feet, along a tangential curve, concave to the southwest, having a radius of 180.00 feet and a central angle of 89 degrees 56 minutes 12 seconds; thence South 0 degrees 05 minutes 49 seconds East, tangent to said curve 10.28 feet to the south line of said Northeast Quarter of the Northwest Quarter and said line there terminating. The side line of said easement shall be prolonged or shortened to terminate on the west and south lines of said Northeast Quarter of the Northwest Quarter. Gross area = 29,748 square feet or 0.6829 acres. Area of right of way = 15,532 square feet or 0.3565 acres. Net area = 14,218 square feet or 0.3264 e.e es. Orientation of this bearing system is based on the west line of the NE 1/4 of the NW 1/4 of Section 17 to have an assumed bearing of N0'05'49"W. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Signed this 14th day of December, 1998. For. James R Hill, Inc. Hy: qi(AAfv `` f^A Randy M. Morton, Minnesota LS. No. 21401 I m D rn O m James R. Hill, Inc. �o a o z co -I w r- o ; PLANNERS / ENGINEERS / SURVEYORS p ! CA (CI 2500 W. Co. Rd. 42, Suite 120, Burnsville, MN 55337 Iv G� I Phone 612-890-6044 Fax: 612-890-6244 yv EXHIBIT B SKETSI AND DESCRIP ION FOR: PHEASENT RUN OF SHAKOPEE, L.L.P. 1 ' WEST LINE OF THE NE 1/4 OF THE NW 1/4 OF SECTION 17, T. 115. R. 22. 1 / LIJ , v. O <c L.- 4 r ,10,4s t., a . \ . 1' • ..< I / t,$ ••••• • rA FRENCH i o 1 � ,_; TRACE i ,PRS °?9° AVENUE � ,-�.s1 oSBD ���e�. � � o0 3 In� � c, `�s z C) Z in �J‘ ` 1,1% W r 7 z WW 0 41 F c- .- C LrI%` \ 2� o0+3 le \O ., / I P°. o z.\ L ( aV 021 I ,/4 / 133.00 ---, /,--- 60.00 _ / _ _j____ _ ►�� 193.00 ---' !'� S89°58'35"W �t " 1 I `� C) I SW CORNER OF THE NE 1/4 OF I Q I F.- '' - THE NW 1/4 OF SECTION 17. Q I '' C3 I C �Iil A^AAIT I < RU LIJ rlCn:.`niv I f..f.l r f�viv CZ FIRST l I /A I I.Iv!,V _ i IRS I CG `C 60 o._ C4 • "This is not a Boundary Survey" Gross area = 29,748 square feet or 0.3829 acres. Area of right of way = 15,532 square feet or 0.3585 acres. Net area = 14,216 square feet or 0.3264 acres. Orientation of this bearing system is based on the west line of the NE 1/4 of the NW 1/4 of Section 17 to have an assumed bearing of NO'05'49"W. Scale: 1 inch = 50 feet Page 2 of 2 James R. Hill, Inc. is19- 6. CITY OF SHAKOPEE CONS 5 T1 Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Participation in Metropolitan Livable Communities Act DATE: November 16, 1999 Introduction: The City of Shakopee has previously participated in the Livable Communities Act program. In order to continue to be eligible for the Incentives Programs funds communities must notify the Metropolitan Council of their intent to participate each year. Participation makes communities eligible to compete for the funds available in 3 funding accounts. Alternatives: 1. Offer and approve Resolution No. 5276, a Resolution of the City of Shakopee, Minnesota electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar year 2000. 2. Do not approve Resolution No. 5276, a Resolution of the City of Shakopee, Minnesota electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar year 2000. 3. Table the matter for additional information. Action Requested: Offer and pass a motion adopting Resolution No. 5276, and directing staff to notify the Metropolitan Council of the City's intention to participate. #A Ju a Klima anner II i:\commdev\cc\1999\cc 1116\livcomm.doc RESOLUTION NO. 5276 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER TILE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 2000 WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS,the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites clean-up funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life- cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans take to meet the established housing goals through the preparation of the Housing Action Plan; and WHEREAS,the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS,for calendar year 2000, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1999, can participate under Minnesota Statutes Section 473.254 only if a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1999; and b)the Metropolitan Council and the municipality have Po P tY successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that it hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2000. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of November, 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 /5 . 6 , 1 CITY OF SHAKOPEE Memorandum '� ONSENI TO: Mayor& City Council Mark McNeill, City Administrator Bruce Loney,Public Works Director FROM: Michael Hullander,Public Works Supervisor SUBJECT: Purchase of Box, Hoist, Plow, Wing and Sander For Two Single Axle Dump Trucks. DATE: November 16,1999 INTRODUCTION: On August 18, 1998 and March 2, 1999, City Council approved motions directing staff to proceed with the 1999 and 2000 equipment acquisitions for two single axle dump trucks. This request was due to the 18-month delay in acquiring these trucks. The Public Works Department has received one of these trucks and is anticipating the delivery of the second truck to be mid December. This item is for Council to consider authorizing the purchase of the box, hoist, hydraulics,plow,wing, sander and accessories for two single axle dump trucks. BACKGROUND: The City did utilize the State bid for purchasing of two single axle dump trucks, cab and chassis at a price of$54,631.00 each. Attached to this memorandum is the State bid price for purchase of a box, hoist, hydraulics, plow, wing, sander and accessories for a complete truck assembly to be utilized by the City in snow plowing operations. The budget amount for a complete assembly was estimated previously at $95,000.00 per truck. Staff utilized the State bid vendor to obtain the lowest cost for the remaining equipment attachments. The costs for the attachments are as follows: Vendor Equipment Attachments Price * J-Craft, Inc. Box,hoist,hydraulics,plow, $40,388.05 Sander,wing, accessories per truck * Includes labor for installation and sales tax. With this purchase and the previous purchase of the truck, cab & chassis, the total price per truck is $95,018.60 and payment for these trucks is to be expended from the Internal Service Equipment Fund. ALTERNATIVES: 1. Authorize the purchase of a box, hoist, hydraulics,plow, wing, sander and accessories at $40,388.05 each using the State bid for a complete truck assembly. 2. Do not authorize purchase at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends that Council approve the purchase of a box, hoist, hydraulics, plow, wing, sander and accessories for two single axle dump trucks using the State bid price. ACTION REQUESTED: Move to authorize the purchase of a box, hoist, hydraulics, plow, wing, sander and accessories for two single axle dump trucks at a purchase price of$40,388.05 per truck from J-Craft, Inc., with the purchases to be paid from the Internal Service Equipment Fund. Michael Hullander Public Works Supervisor 11/02/1999 17:07 6128905072 TODD KELSEY PAGE 01 J•CRAFT, INC. 70127 - 330" st. Kimball, MN 55353 l Ph: 320-398-6122 Fx: 320-398-6123 Toll Free: 800-164-8828 "Experts In Contractor 6 Municipal Applications" 11-2-99 City of Shakopee Attn. Gene Jeurissen 500 Gorman Street Shakopee,MN. 55337 Reg. Single axle units Gene the totals are as follows. Chassis $54,631.00 Body $19,993.57 Snow/Ice $18,518.67 Tarp $807.21 Total $93,950.00 ? Hitch $1068.60 *oa X = r Total $95,018.60 Please call me at Kimball,on 11-3-99 at 1400-864-3828 regarding the difference with the add on of equipment. Thanks C7-;";44/46,1g.„ Todd A. Kelsey FT 012 -330th St. PAGE 1 OF 1 Kimball,MN 55353 (320)398-6122•Fax(320)398-6123 Li ORDER thOUOTAT1ON CUST.P.O. DATE TERMS F.O.B. DELIVERY 10/26/99 NET 30 INViOI. : «; . :s . I . • 1 §111.72 TRUCK MAKE YEAR MODEL W.8. CA-CT TRANS. COLOR CODE REQ COMPLETE 4 STERLING All L851.1 1. ." 84' AUTO BLE NAME CITY OF SHAKOPEE ATTENTION ME AMMER ADDRESS 500 G RMAN STREET PHONE NUMBER 612-445-3650 SHAKOPEE MN CITY STATE ZIP 55337 FAX NUMBER 612-445-6718 a . SNOWPLOW: FALLS Model 312-RM SIGH SPS) POWER REVERSIBLE (ONEH AY OONFIG TYPE) snowplow, complete with all standard equipment, RUBBER SNOW FLAP, H.D. SPRING TRIP TILT BARS, & Plow push unit for FALLS #41-B (29" BUSTING TYPE) hitch system. Painted (1) FALLS standard LEAD-FREE paint color. Shipped loose in dump body. PLOW HITCH: FALLS Model #41-B 29" MODIFIED RUSTING TYPE heavy duty hitch system, complete with all standard features. All mounting hardware, WING POST PROVISION, plumbing, & SINGLE ACTING lift cylinder. Installed and painted glass black. SNOW WING: FALLS Model TDL-9TE heavy duty DIRECT HYDRALKNIC, DIRECT LINK, PATROL STYLE snow wing, FRONT mounted, complete with all standard features, NITRO-CUSS HYD EiMPDABLE PUS-ARM, HYD FRONT SIDE SHIFT (W/SELECTOR VALVE), TRIP EDGE, all mounting hardware &plumbing, installed complete, and painted (1) FALLS standard LEAD FREE paint color. SANDER: FALLS Model #1ASD-9 direct hydraulic drive indertailgate sand spreader. Complete with all standard features, 9" DIA auger, side spill plates, LH POLYS spiffier assembly, RH or LH ffiIK-C RTIE, all plumbing from dual flow valve & mounting hardware. Installed and painted to match dump body color. NOTE: PLUMBING CONNECTIONS AT REAR TRUCK FRAME NOTE: FALLS standard LEAD-FREE paint color choices are: HIGHWAY ORANGE, SAFETY YELLOW, EARTH GOLD' RED, AND BLACK. These colors may not catchall chassis colors 100%. Other LEAD-FRSE colors may be available at extra charge, but must be quoted on an individual basis. RELOCATION OF MAJOR MOMENT such as FUEL TANKS, maimer MUFFLERS, EXHAUST OUTLETS, BTC to provide proper mounting of straw removal equipment is not included in price. If such work is required, you will be advised as to the extent of relocation necessary, and the charges for such work. It is advised to consult with our factory for possible suggestions to avoid this work. NET PACKAGE PRICE $17,562.00 EA *6.5% Mil SALES TAX $ 956.67 EA IONA., 5I *material goods (only) are taxable under MN statutes, installation alaat;on labor is nor-taxable. ACCEPTED BY: PRICES VALID FOR 30 DAYS UNLESS NOTED OTHERWISE BY /Ai :eil J-CRAFT, INC. — DATE: WHITE-CUSTOMER YELLOW-SHOP PINK-SALES GOLD-W-P BLUE-ALE „T f _ (. . ' f - • : • •; . _ lgy=e y - 73s° ;i.TF4 •” cr771,.. !": - - •,- : _ - - 541a81h3 :t =: t; Ti .74. I '-'•.; =•• -Fr- :A; . _ çNt .1 t /fç41 fT .. V4T „ [fi .3-11 ; griV " ir7/441(.1.i:F;C,': :*•43b frili t ti -;-k• k 17 --1.0112. 14ti- •-•, • ;7 !f, • • - . )--k c7 ' t T'. • •••••i • ,t;'; %.1.; • F-cl• bi;;77; . . - rIcr • - i • • ; , •=" • :q• : • ,-•s, j : - "7-4- %-"! r 1.1 • -fr. . 1 • i7 ,• -i'-.. ..- 1MA ' ' ;14 •- W0,1. 17,E 7--i.;;;.‘41) ,=7.• • -: -t!-• f'.7*j 0") i- 1 • 1 4r;r 11:": 1;1,1!'t ‘; A.Tc!='!f.tt-' -••=_;:i 1 • 1'277r r 4'-e'f ' 1 t= friffrt:111 . .>42, :,_ ••_• "! • • • 1,1:CW If t.t4 • • • :•. •7; ;.;,'• -i ,.; •• , ;N. • 7.:•AT : r%!, ' ICKIL tit. • 11/01/1999 15:03 3203986123 J-CRAFT PAGE 05 IIPC 70127.33om sl. PAGE OF UT Kimball,MN 65363 (320)39e-0122-Fax(320)3988123 ❑ ORDER IQ QUOTATION OUST.P.O. DATE _ TERMS F.O.B. DELIVERY 11 D'[/94 . CHASSISTRUCK MAKE YEAR MODEL W.B. CA-CT TRANS. COLOR COOE REO COMPLETE STERLING L851. 1 ' 84" AUTO BLUE NAME CITY OF SHRUFRE ATTENTION (ENE JEURISSEN ADDRESS 500 G01MAN STREET PHONE NUMBER 612-445-3650 CRY SELMCOPEE STATE Mg ZIP 55337 FAX NUMBER 612-445-6718 __._: arum MUT IIID IN PRICE TARP SYSTEM: Rolirite Mfg. model 6200 tarp mechanism, with H.D. ASPHALT tarp, w/gromlrets Installed and operational. 2" rough sawn OAR side boards provided and installed MECHANISM $ 395.00 EA sIDM� BOARDSARP MATL � �, 0_11� C SUBTOTAL $ 651.00 RA OF 5.5 FMblc� TAX $ 42.32 MMA Tj,'P INSTALLATIAI .I. !.1 MMA REAR fIIT(3i: 3/4" A572-50 STEEL pull plate with bracing to truck frame Safety chain loops, PREMIER 370 AIRCUSHION PIRTLE hitch 7 contact female electrical socket. (Trans. of glad hands to plate) ADD $1,045.00 EA, plus tax of $23.60 EA ,' w '1 420 ACCEPTED BY: PRICES VALID FOR 30 DAYS UNLESS NOTED OTHERWISE BY :%i►sscr6 t �� �j-CRAFT, INC. DATE: 11/01/1999 15:03 3203986123 3-CRAFTPAGE 02= 0,27- St litaC RAFT Kl,MN5 Kimball.MN 5533 59 _ PAGE OF (320)3954122•Fax(320)39e-6123 ❑ ORDER a QUOTATION COST.P.O. DATE TERMS F.O.B. DELIVERY I • • .174 , . , ;s M ::/, : .,:;.- _. I i ._ •,• rvJV TRUCK MAKE YEAR MODEL W.B. CA.CT TRANS. COLOR CODE REO COMPLETE 4 STERLING_ ' • 1 L8531 1.. " 84" 'moo BLUE . NAME CITY OF SHAKOPRE ATTENTION =NE J J TS( ADDRESS 500 ammo STREET PHONE NUMBER 612-445--3650 CITY SHAKOPEE STATE MN ZIP 55337 FAX NUMBER 612-445-6718 J-CRAFT SINGLE AXLE STEEL WESTERN (o$+ 33 RAVEL BODY. MODEL 10' W -xmL QTY:2 UNITS REF ICE:REQUEST FOR QUOTES DIfENSIOISS: 10'0" long x 96" wide O.D. CAPACITY: 6 TO 8 CUBIC YARDS FRONT PAUSE: 45" high, 10 gauge A607-50 steel construction Reinforced top lip Horizontal bracing 0 1/3 points SIDES: 30" high, 1Q gauge A607-50 steel outer panel 45' sloped self-cleaning rubrails 316" (180,000 PSI. 400 ) inner panel (top rail to cleanait) 4" x 4" tubing top rails Board pockets front and rear (2" dimensional limber) Full depth 8" wide front & rear corner posts Horizontally braced (western style) f" x 2" flat walb:ail, full length, both sides J-CRAFT "STOW-A-NAY" access ladder, DO IVON? w/step above TAILGATE: 36" high, 3 M!! DOMEX-100 (110,000 PSI) steel constriction 3 panel type, (2), horizontal reinforcings 11 " dia top and bottom hinge pins 1" thick flames t upper hinges 3/8" alloy spreader chains, FORGED steel base latches AIRTRIP linkage, & LEVER TOP-PIN RELEASE. FLOOR: 114" (180.000 PSI 400 BRAT '•L) steel, one piece construction 8" floor to side & front to floor tapers ICH x 13.0f/ft structural CI BEAM) loagsills. CROSSNEMBERLESS DESIGN 8" structural channel rear bolster Frame width = 3.5" O.D. BEAMS. PEEP/PAINT: Exterior industrially sandblasted, & EPDXY primed Finish coated with 2E POLYURETHANE ENAMEL REF. PAIN! NUMBER BLUE TO MATCH H TRUCK. IIIU13ers de. u 11sronstad Ey'lONffi B I _' - ACCEPTED BY: PRICES VALID FOR 30 DAYS UNLESS NOTED OTHERWISE BY J-CRAFT, INC. DATE: T PAGE 03 11/01/1999 15RA:03 320398611 3-CRAF PAGE - OF _ 23 I Ka Kimball, Kimball,MN 55353 (320)3984122•Fax(320)398.6123 ❑ ORDER QUOTATION COST.P.O. OATS TERMS F.O.B. DELIVERY 1/01/99 30 Tc� �1111aWRIL 45-14 mut ARO CHASSIS TRUCK MAKE YEAR MODEL W.B. CA.CT TRANS. COLOR CODE REO COMPLETE STB[U[.INC L8541 1 " 84 AUTO NUE NAME CITY OF SHAKOPEE ATTENTION GEM JEURTSsof ADDRESS 500 GORMAN STEW PHONE NUMBER 612-445-3650 SHAKOPEE STATE ZIP 55337 FAX NUMBER 612-445-6718 LIGHTS/WIRE: FWJBS 108 surd, rubber mounted clearance lights Cluster of 3 (below bolster) Factory sealed wire harness (t atsbx"ink c mnectio ns) Ground strap from body to frame. O&M RUBBER maw= STOP-TAIL-TURN light pr+ovisiaios (in corner posts) with lights provided by J-CRAFT and installed. MUD FLAPS: Rear of rear tires, attached to body Novato. (SEE ALSO FENDERS) CABSUIELD: 1/2 type, 24fl cabshield, 10 ga construction WELD-OK style, U/fixed center strobe mount ATTACHED TO BODY and amp. HOIST: J-CRAFT/RtX Y, Model: Li-278, Overhang: 9", Capacity: 14.1 TORS, ATEA Class:5Q Dump angle:50' KAM acting 2350 psi SB-5 solid block rear hinge point & (2) OSHA approved safety props PUMP: Direct FIS CRANK shaft driven, WAD-SIESING type. Maks: CESSNA Model: 70523 W/an H.P. ball valve on pressure outlet. VALVE: Make: C Model:V20-LS, 8 function, LOAD-SENSING type. Providing control for: BOX HOIST, PLOW LIFT, PLOW ANGLE, WING TOE, WING HEEL, HYD REHEAR, SCRAPER, & SANDER. Including RELIT F an hoist A wing heel; FLOAT on plow lift & wing functions, MOTOR SPOOL on wing heel, WING-LOC valve FOR wing heel. SELECTOR VALVE: Manual push--pull control, dual selector valve provided and installed at front RH frame area, for use with hyd front post side shift. (SEE ALSO WING) CONTROLS: MORSE type "DUAL AXIS" remote cable controls, tower mounted off cab floor per operator preference, and order. RESERVOIR: 30 gallon "sLIl4-LDIB" frame mounted, sight/level glass, filler breather, magnetic drain plug, 100 mesh suction screen, and gate type shut off valve. Filled with DEI III hydraulic oil (-40' to -60' pour point) FILTRATION: Return line tyre, R> CTE mounted, W/replaceable element, coi indicator, and return line dreck valve installed. ACCEPTED BY: PRICES VALID FOR 30 DAYS UNLESS NOTED OTHERWISE BY J-CRAFT, INC. DATE: 11/01/1999 15: 03 3203986123 3-CRAFT PAGE 04 �oi2�-330th sr. PAGE OF atCh RA FT l,MN 55353 (320)Kirnba1398-8122•Fax(320)398-0123 D ORDER QUOTATION CURT.P.O. DATE TERMS F.O.O. DEL(VERV 11/01/98 NET 30 IINVOICV 45-60 DAYS ARO CHASSIS TRUCK MAKE b.— TRUCK MODEL W.B. CA-CT TRANS. COLOR CODE REO COMPLETE STId u nE 2000 L8611 166" 84" AUTO BLUR NAME CITY OF SPIE ATTENTION GENE JEURISBE 1 ADDRESS 500 GORMAN STREET PHONE NUMBER 612-445-3650 CITY SlAK EE STATE MN ZIP FAX FAX NUMBER 612-445--6718 A PLUMBING: 2" suction line, 1" main pressure line, if" return line (filter to reservoir), balance to match component port sizing. All swivel fittings are 37' JIC or dry-seal type. MOUNTING: Included ref:6" (CLEAR) behind cab, or obstruction, far wing support brace above truck frame. OPTION INCLUDED IN PRICE RUSTPROOFING: ZIEBART treatment applied to dump body underside, and inside of the front and rear corner posts. FENDERS: SCSI model P black poly fender set Bolt-on steel brackets, Installed BACKUP ALARM: PRE00 model 230 electronic backyp alarm provided and installed TAILGATE TRIP: Airtrip kit with 3f" dia x ,6" air cylinder AISI-304 stainless steel piston rod SOLENOID air valve, piping and fittings, complete, & installed STROBE SYS: MELEE OCT III SYSTEM 101-1) strobe system (4 strobes) ROOF MOUNT , LI r r :,1 W ADJ : 11" front mounts Steel "D" housings in rear corner posts, Switches mounted in cab NOTE: OEM tail lights will be mrxmted at or near stock position. SNOWPLOW SIGNAL-STAT model #645-wk combo halogen headlight with turn signal LIGHTS: ALCM CROSSBAR MOD) mounted Selector switch cab mounted UNDE LADE: NONE INCLUDED. Provison for mounting of a scraper by the CITY, will be left. Hydraulic control valve and cable control will be installed. No plumbing or installation of scraper included. NET PACKAGE PRICE i19,051,00 BA *6.5% MN SAL TAX $ 942.57 BA TOTAL PRICE $19,993.57 BA *material goods (only) are taxable under MN statutes, installation labor is non--table. ACCEPTED BY: PRICES VALID FOR 30 DAYS UNLESS NOTED OTHERWISE 4J-CBZ;7::! Li<1- 7.:___, Y RAFT, INC. DATE: CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Design Criteria for Chapter 12 of the City Code Subdivision Regulations DATE: November 16, 1999 INTRODUCTION: Attached is Resolution No. 5279, a resolution adopting the attached Design Criteria for the Subdivision Ordinance which was recently adopted at the September 21, 1999 City Council meeting. BACKGROUND: The Subdivision Ordinance was recently revised and in this ordinance the section on Design Criteria was proposed to be approved by resolution, instead of ordinance, in order to more readily change technical standards as they change in the future. The Design Criteria is in Section 12.60 through Section 12.69. The attached Design Criteria document has nine sections which correlate to the Subdivision Ordinance Sections 12.60 to 12.69 and they are as follows: • Section 1 - Grading • Section 2 - Soil Erosion and Sediment Control • Section 3 - Storm Sewer • Section 4 - Sanitary Sewer • Section 5 -Utilities • Section 6 - Street Lights • Section 7 - Streets and Alleys • Section 8 - Sidewalk and Trails • Section 9 - Lots and Blocks The proposed Design Criteria has been compiled from the previous ordinance and from the previous Design Criteria adopted by the City in regard to the preparation of engineering plans. With this Design Criteria there had been issues that Council may still wish to discuss and they are as follows: Section 1 - Grading The typical topsoil requirements, as recommended in most soil and erosion control manuals, is a minimum of 4 inches of topsoil and that is what is being required in the Design Criteria. Other concerns of topsoil being placed at the time of occupancy of a future homeowner may need to be dealt with in other sections of the City Code such as Chapter 4 -Building Regulations or Chapter 11 - Zoning Code. Section 2 - Soil Erosion and Sediment Control This Design Criteria is essentially the erosion control ordinance that was previously prepared in 1998 when the City had erosion control problems because of the drought year. Section 3 - Storm Sewer The Design Criteria is recommending to be in compliance with the City's Comprehensive Stormwater Management Plan and also to have pond slopes no greater than 4:1 on the vertical and to also require a bench slope for wetland vegetation. Section 4 - Sanitary Sewer The recommended standards for sewage works from the Great Lakes Upper Mississippi River Board of State Sanitary Engineers and this is what is being done currently. Section 5- Utilities These are criteria that were previously incorporated in the Subdivision Ordinance and there is no change. Section 6- Street Lights This section incorporates previous ordinance provisions and updates the criteria to utilize the recently adopted Street Lighting Policy by Shakopee Public Utilities Commission and the City of Shakopee. Section 7- Streets and Alleys The main issue in this criteria is street width and staff has put in that the local street width is 32 feet up to an anticipated traffic of 750 cars or less per day. If there is more than that per day, as determined by the City Engineer, the street width will be 36 feet and both of these local streets will be within a 60 foot right-of-way. The maximum length of cul-de-sacs was increased in the urban service area from 500 to 750 feet. The Design Criteria on streets has also been updated to include the City's adopted Transportation Plan for spacing of public streets and access to arterial and collector streets. Section 8 - Sidewalks and Trails In compilation of previous information on sidewalks and trails, there has been no change from previous ordinances. Section 9-Lots and Blocks This section was a compilation of previous ordinance provisions in regard to lots and blocks with one addition which is the buffering of residential dwellings adjacent to wetlands and ponds. The moratorium for subdivisions is intended to be lifted on December 1, 1999. The Subdivision RegulationS have been approved and the City should adopt a Design Criteria to go with the recently adopted Subdivision Ordinance. Staff is recommending that this ordinance be adopted. However, Council may wish to make any changes or direct staff to investigate any other items further to possibly incorporate a new resolution into the revised Design Criteria and could then be presented to Council at a later date. ALTERNATIVES: 1. Approve the proposed Design Criteria for the Chapter 12 Subdivision Ordinance as presented. 2. Approve the proposed Design Criteria for Chapter 12 Subdivision Ordinance with revisions. 3. Do not approve the proposed Design Criteria. 4. Table for additional information. RECOMMENDATION: Approve the proposed Design Criteria for the Chapter 12 Subdivision Ordinance as presented. ACTION REQUESTED: Offer Resolution No. 5279, Approve the Design Criteria for Chapter 12 of the City Code Subdivision Regulations and move its adoption. f nice Loney Public Works!erector BL/pmp MEM5279 RESOLUTION NO. 5279 A Resolution Adopting Design Criteria For Chapter 12 Of The City Code, Subdivision Regulations WHEREAS, the Shakopee City Council adopted Ordinance No. 557, an ordinance replacing Chapter 12, Subdivision Regulations on September 21, 1999; and WHEREAS, the new Subdivision Regulations refer to adopted Design Criteria for the installation of public improvements; and WHEREAS, the City Council now desires to revise the City of Shakopee's Design Criteria to reflect current construction and new technologies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that it hereby approves and adopts the Design Criteria, a copy of which is attached hereto for use with Chapter 12 of the City Code, Subdivision Regulations. BE IT FURTHER RESOLVED: that copies of the Design Criteria shall be kept in the office of the City Engineer and open for reference at all times. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CityShakopeeof Design Criteria Adopted: November 16, 1999 City of Shakopee Design Criteria Page 1 Table of Contents Design Criteria - Grading, Street and Utility Improvements Sect. 1 Grading Sect. 2 Soil Erosion and Sedimentation Control Sect. 3 Storm Sewer Sect.4 Sanitary Sewer Sect. 5 Utilities Sect. 6 Street Lights Sect. 7 Streets and Alleys Sect. 8 Sidewalks and Trails Sect. 9 Lots and Blocks Sect. 1 - Grading 1. Slopes/Grades. A. No final graded slopes shall be steeper than 3 feet horizontal to 1 foot vertical(3:1). B. Driveway grades shall be less than 10%,and greater than 1.0%. Driveway grades shall not be greater than 6%within 10' of the street edge. Commercial and Industrial Driveways shall not be greater than 6% for any part of the driveway. C. Lots shall be graded so as to provide drainage away from building locations. 2. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of 4 inches of topsoil. Disturbed boulevard areas shall be seeded or sodded as required by the City Engineer. 3.Drainage. During the grading of the site,the natural drainage system shall be utilized as much as feasible for the storage and flow of runoff. 4. As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of the grading shall be submitted to the City. This plan shall show the existing grades of all lot corners,pads,and ponding areas. The plan shall certify that all ponding areas are within drainage and utility easements. Two benchmarks shall be shown on the as-built grading plan. No building permits shall be issued until this plan has been submitted and approved by the City Engineer. 5. Grading Permit. Grading Permits will be required, as described in Section 11.60, Subd. 6, of the City Code. 6. Tree Preservation Fence. Existing trees which are to be saved, shall be protected with a tree preservation fence. This fence shall be installed at the drip line to protect the trees which are to be saved. No grading,construction materials,or equipment will be allowed beyond this fence. City of Shakopee Design Criteria Page 2 Sect. 2 - Soil Erosion and Sedimentation Control 1. Purpose The purpose of this Section is to promote the public health, safety, property and general welfare of the citizens of the City and to conserve the soil, water and related resources and to control erosion and sedimentation caused by land disturbing activities. li 2. Administration The Building Official or the City Engineer (depending on the land disturbing activity) as the Administrator of this Section. Erosion control plans shall be covered under the existing building permit process. A separate fee is not required for erosion control plans. 3. Activities Subject to Erosion Control Measures A. Any land disturbing activity in residential, multi-family, commercial or industrial zones shall be subject to erosion control measures provided that: 1. An area of 10,000 square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation; or, 2. Excavation or fill exceeding 500 cubic yards;or, 3. The installation of underground utilities, either public or private, resulting in more than 300 linear feet of trenching or earth disturbance;or, B. Any subdivisions which require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion control and sedimentation measures are proposed. As a minimum, a topographic map showing existing and proposed contours, location of any natural water courses and drainageways, the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. City of Shakopee Design Criteria Page 3 5. Performance Standards A. General Standards. In general, this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. 1. The smallest practical area of land shall be exposed at any given time during development. 2. When soil is exposed,the exposure shall be for the shortest period of time. Within 30 days of the rough grading,the site shall be seeded and mulched. 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5. The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation, mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. B. Standards-Stormwater Runoff Erosion. 1. The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marsh lands, swamps, retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. If the drainage area is over five acres,a sediment basin shall be utilized. 2. Silt fence or hay bales shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to current standards. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps may be necessary to prevent erosion from entering the storm sewer system, and downstream waterbodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any street by the use of, gravel pads at all entrances. City of Shakopee Design Criteria Page 4 C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one(1)foot vertical. 2. Exposed slopes steeper in grade than ten(10)feet horizontal to one(1)foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope,a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin(debris basin, silt basin or silt trap)before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic,burlap or jut netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. 1. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust, with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established as quickly as possible. Within 30 days after the rough grading has been completed the entire area shall be seeded and mulched. City of Shakopee Design Criteria Page 5 6. Maintenance of Erosion Control Measures A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference The City officially designates the "Minnesota Construction Site Erosion and Sedimentation Control Planning Handbook" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. 8. Performance Bond The owner or developer shall submit to the City either a cash bond, an irrevocable letter of credit or other fmancial security to guarantee the faithful execution of the erosion control plan. This security shall be in the amount of 125% of the costs for construction of all erosion control devices,including the costs of City inspection and administration(as approved by the City Engineer). The City is authorized to draw against this security in the event the erosion control plan is not followed. 9. Unlawful Acts It is unlawful for any person,either by the owner or the occupant of premises,to violate,neglect or refuse to comply with the requirements of this Section.In addition,if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so,a"stop work" order may be issued to the land disturbing activity until such times as adequate measures are implemented. In all cases,the owner may appeal the"stop work"decision to the Council for review. Sect. 3 - Storm Sewer 1. Design Criteria. The design criteria, policies, and objectives shall be those described in the City's "Comprehensive Stormwater Management Plan". No existing ditch, stream, wetland, pond,drain or drainage canal shall be deepened,widened, filled,re-routed or filled without approval from the City Council. 2. Pond Slopes. Pond slopes shall not be steeper than 4 feet horizontal to 1 foot vertical. All ponds shall have a"bench" at the normal water level. This bench shall be a minimum of 10 feet wide and the slope of this bench shall not be steeper than 10 feet horizontal to 1 foot vertical. City of Shakopee Design Criteria Page 6 Sect. 4 - Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be 8" diameter. sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Comprehensive Stormwater Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second nor more than 10.0 feet per second as computed by Mannings formula for flow in open channels (Mannings shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes -Upper Mississippi River Board of State Sanitary Engineers. Sect. 5 - Utilities 1. Public Water. Where a connection to the City water system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission.Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services, and in locations as approved by the City Engineer. All drainage and other underground utility installations which traverse privately-owned property shall be protected by easements. Sect. 6 - Street Lights Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. City of Shakopee Design Criteria Page 7 Sect. 7 - Streets and Alleys 1.General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 2. Street Width and Right-of-Way Width. A. Two-way right-of-way widths and pavement widths(face to face of curb)shall conform to the City's adopted Transportation Plan,with the exception of the local roads. The local road width shall be as follows: Classification Right-of-Way Roadway Local(anticipated traffic of 750,or less,cars per day,as determined by the City Engineer) 60 Feet 32 Feet Local(more than 750 cars per day) 60 Feet 36 Feet B. All one-way right-of-way widths and pavement widths(face to face of curb)shall conform to the following minimum dimensions: Classification Right-of-Way Roadway Local 45 Feet 24 Feet Collector Streets 60 Feet 28 Feet Arterial Streets 60 Feet 28 Feet Alleys Industrial or Commercial 20 Feet 16 Feet Residential(where permitted) 16 Feet 12 Feet (Pavement Width) City of Shakopee Design Criteria Page 8 3. Streets and Alleys. A. Public Streets and alleys shall be designed and constructed in accordance with the Construction Standard Specifications for Public Works. All street and alley construction shall be inspected by the City Engineering Department. B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class V MN/DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block,alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City. The City shall inspect all construction. F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and 5 foot gravel shoulders. 4.Grades. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 5 Local Streets 7 Marginal Access Streets 7 Alleys 8 The grades at intersecting state-aid streets shall not be greater than 0.5% for 50' on either side of the state-aid street, and not greater than 2.0% for an additional 50'. The grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer, shall govern the through grade. 5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City Engineer. 6. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited,but cul-de-sacs will be permitted where topography or other conditions justify their use. City of Shakopee Design Criteria Page 9 7. Cul-de-sacs. A. Maximum length of cul-de-sac streets shall be 1,000 feet for rural service areas and 750 feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right-of-way with a minimum radius of 60 feet, and shall be paved with a minimum radius of 45 feet (to face of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. 8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be 750 feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be 60 feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than 3 lots. 9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way,the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided,the other half of the street shall be platted within such tract. 11. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall have a one-year warranty period after being completed and accepted by the City Engineer,before being accepted by the City for maintenance. Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. 13. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 14. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots to such roadways. The subdivider will be required to provide access to all lots via public streets. Spacing of these public streets shall meet the requirements of the City's adopted Transportation Plan. City of Shakopee Design Criteria Page 10 15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road 40 feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to the service road,direct access to the thoroughfares shall be prohibited. 16. Deflections/Horizontal Curves . When connecting street lines deflect from each other at any one point by more than 10 degrees,they shall be connected by a curve with a radius of not less than 200 feet. This minimum curve radius does not apply to intersecting street lines (full street intersections) or to street lines connected at "T"intersections. Collector street horizontal centerline curves shall not have a radius of less than 455 feet. 17. Street Vertical Curves The following desired design speeds and minimum vertical curve lengths shall be used for street profiles: Design Minimum Speeds Vertical Curve Length Arterial Street 50 mph 150 feet Collector Street 45 mph 130 feet Local Street 35 mph 100 feet If the algebraic difference between grades within a vertical curve is less than 1.2 percent, the allowable minimum vertical curve length is 50 feet. 18. Angle of Intersections. The angle formed by the intersection of streets shall be 90 degrees. Any variance will require approval by the City Engineer. 19. Size of Intersection. Intersections of more than four corners shall be prohibited. 20. Curb Return Radius. Curb return radius at intersections shall conform to the following table: Curb Return Radius(feet)at Intersections Local(32') Local(36') Collector Arterial Local(32' wide) 20 Local(36' wide) 20 15 Collector 25 20 20 Arterial 30 25 25 25 Industrial 30 25 25 25 21. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. City of Shakopee Design Criteria Page 11 22. Street Section Design The street section shall be designed as set forth in the "Road Design Manual" 5-291.523 and 5.291.524, as prepared by the Minnesota Department of Transportation. It shall be accompanied by a complete soils report certified by a Registered Professional Engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Minimum Bituminous Pavement Aggregate Base Arterial Street 4" 6" Collector Street (Residential) 4" 6" Collector Street (Commercial) 4" 6" Collector Street (Industrial) 4" 6" Local Street 3 1/2" 6" Sect. 8 - Sidewalks and Trails 1.Sidewalks A. The sidewalks shall not be located less than one foot from the property line,nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile grades shall conform to street grades. C. Planned unit development shall be subject to the location, widths, and grades set forth herein. D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route,a bituminous trail may be required in place of the sidewalk,as determined by the Planning Commission and approved by the Council. E. In blocks over 900 feet long,pedestrian crosswalks through the blocks, and at least 10 feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps. G. All sidewalks widths shall be 5 feet, except in commercial areas where the width may be wider,as determined by the City Council. City of Shakopee Design Criteria Page 12 Sect. 9 - Lots and Blocks 1. Easements A. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line easements and 20 feet wide for drainage, sewer or water easements. Underground utility installation shall be required. B. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. C. Drainage and utility easements shall be shown on the fmal plat, out to the 100-year high water level contour. D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. 2. Blocks A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access,circulation control and safety of street traffic. B. Residential block lengths shall not exceed 1,300 feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. City of Shakopee Design Criteria Page 13 D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: 1. Where lots back on an arterial or collector street,in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. F. All lots must abut their full frontage on a publicly dedicated street. G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from a public roadway 4. Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads A. In all residentially zoned areas determined by the Administrator to have significant noise impact within 125 feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of 70 DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a 125 foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. 2. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the 70 DbA standard accompanied by the following: City of Shakopee Design Criteria Page 14 a) A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. b) A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Prior to approving a preliminary plan as required by this Chapter, the City shall determine that the noise levels will be successfully reduced to meet the ambient 70 DbA standard. (Ord. 58, May 7, 1981; Ord. 233, December 10, 1987; Ord. 246, June 17, 1988; Ord. 287, January 16, 1990; Ord. 302,January 25, 1991; Ord. 338; August 6, 1992) Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds In all zoned areas where residential dwellings are adjacent to, or are within 100 feet of a wetland or stormwater pond,the following design requirements shall apply: 1. All residential dwellings shall be at least 15 feet horizontal from the 100-year high water level of the wetland or pond. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within 100 feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. City of Shakopee Design Criteria Page 15 CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Layne Otteson, Engineering Tech. II SUBJECT: Vierling Drive, Sage Lane to Miller Street, Project No. 1998-2 DATE: November 16, 1999 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on Vierling Drive, Sage Lane to Miller Street,Project No. 1998-2. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$479,250.40 and the actual final costs of$505,513.12 for this project. ACTION REQUESTED: Offer Resolution No. 5186, A Resolution Accepting Work on Vierling Drive, Sage Lane to Miller Street,Project No. 1998-2 and move its adoption. dr, ,(te Layne Otteson Engineering Tech. II LO/pmp MEM5186 RESOLUTION NO. 5186 A Resolution Accepting Work On The Vierling Drive, Sage Lane to Miller Street Project No. 1998-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 24, 1998, S.M. Hentges & Sons, Inc. has satisfactorily completed Vierling Drive, Sage Lane to Miller Street,Project No. 1998-2,in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$5000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO. : 1998-2 DATE: June 29 , 1999 PROJECT DESCRIPTION : Vierling Drive , Sage Lane to Miller Street CONTRACTOR: S .M. Hentges & Sons , Inc . P .O . Box 69 Jordan , MN 55352 ORIGINAL CONTRACT AMOUNT $ 479 , 250 .40 QUANTITY CHANGE AMOUNT $ 29 , 320 . 31 CHANGE ORDER NO. 1 THRU NO. 4 AMOUNT , . . $ ( 3 , 057 . 59 ) FINAL CONTRACT AMOUNT $ 505 , 513 . 12 LESS PREVIOUS PAYMENTS $ 500 , 513 . 12 FINAL PAYMENT $ 5 , 000 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. P sessional Eni eer isc. l , CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police • 11/ Date: November 10, 1999 Subject: Authorization to Hire a Police Officer Introduction The Police Department is requesting Council approval to fill a vacant police officer position. Background The Police Department currently has one vacant police officer position. The Shakopee Police Civil Service Commission has conducted the appropriate testing and certified an eligible register for the position of police officer. (attached) The top three names on the eligible register are: Bridget Baldwin Robert Ryan Angela Trutnau Budget Impact The vacant position was budgeted for in the 1999 Police Department Budget. Recommendation Staff recommends Council authorize the hiring of Angela Trutnau as a probationary police officer. A background investigation, medical and psychological examinations were satisfactorily completed by Ms. Trutnau for her hiring as a Community Service Officer(CSO) in April of 1999. The hiring standards for the position of CSO are the same used for the Police Officer position. Action Requested If Council concurs, they should,by motion, authorize the hiring of Angela Trutnau as a probationary police officer at Step 1 of the Tier Two Pay Schedule, $2,826.26 per month. an Hughes Chief of Police CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: November 4, 1999 Subject: Eligible Register The Shakopee Police Civil Service Commission conducted the appropriate testing and established the following eligible register for the position of police officer in accordance with the provisions of M.S.A. 419. 1. Bridget Baldwin 2. Robert Ryan 3. Angela Trutnau 4. Chad Turner R= pectfully submitted, tan VonBokern, Chair Shakopee Police Civil Service Commission FC 2_ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Card Club Discussion DATE: November 11, 1999 INTRODUCTION: Mayor Brekke has asked that the November 16th City Council agenda include an item to discuss the pending establishment of a"Card Club" at Canterbury Park. BACKGROUND: During the waning hours of the 1999 Legislature, a bill was approved which allows for the establishment of a"Card Club" at Canterbury Park. The bill was passed without much fanfare, and provided no opportunity for input, including from the City of Shakopee. In comparison,two years of efforts to allow for slot machines at Canterbury Park were much higher profile. The Legislature did not establish a great amount of criteria for this, but instead, left that to the State Racing Commission. This would be the first such facility in Minnesota,but there are other states, i.e. California and Nevada,who have had these for several years. Representative of the State of Minnesota's Alcohol and Gambling Enforcement Division and a member of the Shakopee Police Department recently visited some of these clubs in California. Although some of the clubs they visited operate relatively problem-free, those investigators also found there are potentials for problems if not otherwise addressed. Canterbury Park would like to begin operation in March, 2000. In order to meet that timeframe, they have been formulating a plan, outlining their anticipated operation,which is to be reviewed by the Racing Commission. The Racing Commission was to receive the plan November 12th;the first presentation by Canterbury to the Commission will be November 17th. The Legislature gives clear authority to the Racing Commission in approving the Card Club operation. CITY REGULATION: Because the Legislature has authorized this, and has established the enforcement responsibilities, the City may have a reduced level of opportunity for input. Specifically, as compared to California, where local units of government are responsible for enforcement of gaming laws, the Minnesota plan appears to be closer to that of Nevada, where the State does regulating, monitoring and enforcement. However, it appears that the City does have some control over at least the exterior impacts of a card club at Canterbury through the PUD process, including hours of operation. In addition, Canterbury will be making application for a large advertising sign, which will require City approval. As of this writing, little is known of the specific Canterbury proposal,but staff, including the Police Department, will be monitoring this as much as possible. Staff has recommended to Canterbury Park's ownership that letters be sent to adjacent property owners/community members advising them of the public hearings available to them at the Racing Commission. Otherwise, City public hearings to be held on PUD-related items may not be able to satisfactorily address the concerns and questions of residents on the gaming portion of the project. Mayor Brekke has asked that the Council be made aware of this and that a discussion be held at the November 16th meeting to consider a resolution to be submitted to the State Racing Commission, stating the City's request to: 1. Receive all relevant information. 2. Be allowed at least 120 days to review the plan of operation. 3. Be given the status to approve the plan. 4. Be provided adequate compensation to cover all related start up and operational expenses incurred by the City and County. BUDGET IMPACT: As compared to the Casino-slot Bill which was introduced at the 1999 Legislature,which allowed one percent(1%) each of the gross net for the City and Scott County, no such provision was in the Card Club Bill. Canterbury President,Randy Sampson, has indicated that there is nothing in the plan for that,but did indicate a willingness to perhaps look at reimbursement similar to what is done between the City of Prior Lake and Mystic Lake Casino. This maybe a concern for our community, as, if this an operation which generates a large number of public safety calls, the revenues generated from Canterbury's property tax payments may not be sufficient to offset the cost of providing services. (ValleyFair! also pays property taxes,but there is a separate agreement with them for reimbursement). The California cities that were investigated have a percentage of the revenue that goes to the City;they appear to be well compensated. RECOMMENDATION: Adopt a Resolution to go to the State Legislature and State Racing Commission including items listed above. ACTION REQUIRED: If the Council concurs, it should adopt the following resolution: A Resolution Concerning the Establishment of a Card Club at Canterbury Park. 0 Mark McNeill, City Administrator MM/tly-is\tami\admin\cardclub RESOLUTION NO. 5281 A RESOLUTION CONCERNING THE ESTABLISHMENT OF A CARD CLUB AT CANTERBURY PARK WHEREAS,the 1999Minnesota Legislature approved the establishment of a Card Club to operate at Canterbury Park in Shakopee, and, WHEREAS,the passage of this bill came without input from the City of Shakopee, and, WHEREAS, subsequent investigation by State and City law enforcement representatives have raised questions of security and public safety issues, and, WHEREAS, prior to the opening of this establishment the City needs to have questions answered so that the Card Club can operate safely, and be a positive attraction to the area. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE,MINNESOTA,that the following actions are asked of the State Racing Commission and Minnesota Legislature: 1. That the City of Shakopee be provided with copies of all plans and documentation regarding the operation of the Card Club; 2. That provisions be made to adequately compensate the City of Shakopee and County of Scott for all expenses incurred by these jurisdictions as a result of the Card Club establishment and operation; 3. That the City be given adequate time, not less than 120 days, to review the plans for the Card Club, and further that the Card Club not be allowed to begin operation until after this review period has ended; 4. That the City of Shakopee be given equal authority to approve the establishment of the rules and regulations for the Canterbury Card Club. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the State Racing Commission and members of the Minnesota Legislature. Adopted in session this day of , 1999, in Shakopee,Minnesota. Jon Brekke,Mayor ATTEST: City Clerk (-9"•:'Z-3"-Itr>--, .f.._ ,P) 41?-‘-' 4Pa44 November 16, 1999 Mayor Jon Brekke Councilmember Cletus Link 1625 Dalles Drive 1216 Jefferson Shakopee, MN 55379 Shakopee, MN 55379 Councilmember Deb Amundson Councilmember Robert Sweeney 1087 Harrison Street S. 506 Holmes Street S. Shakopee, MN 55379 Shakopee, MN 55379 Councilmember Jane BuBois 1305 6th Avenue W. Shakopee, MN 55379 Re: Card Club at Canterbury Park Dear Mayor and Councilmembers: I. Overview: I apologize for delivering this letter at your meeting, however, I just received yesterday the Council agenda and City staff memo related to the above. I thought it would be helpful if I reduced my comments to writing for your review prior to the Council meeting tonight. As you know, my family and another local horse owner purchased Canterbury Downs in 1994 from Irwin Jacobs in order to promote the racehorse industry in this State. Mr. Jacobs had purchased the racetrack from Ladbroke since Ladbroke had decided it was not economically feasible to continue with racetrack operations. The newspapers reported that Mr. Jacobs was considering converting the horse racetrack to an auto racetrack. Our initial group of investors then took the racetrack public by a stock offering so that CANTERBURY PARK HOLDING CORPORATION 3270 CANTERBURY ROAD P.O.Box 508 SHAKOPEE,MINNESOTA 55379 FAX 612.496.6400 TELEPHONE,612.4457223 November 16, 1999 Page 2 indeed it could be "Minnesota's racetrack," owned by a multitude of individuals throughout the State. The owners and investors in the racetrack have worked cooperatively with the City of Shakopee through the years to promote the economic viability of the racetrack and to ensure that activities at the racetrack did not adversely affect its immediate neighbors in the industrial park or the citizens of the City as a whole. The additional revenue from activities like snowmobile racing and the limited number of summer concerts helped to make the racetrack break even, and even make a small operating profit in the last three years. However,the racetrack today is not and probably can never be the success story it was during its first few years of operation in 1985 and 1986 when the average attendance was 13,800 and 12,500 per day respectively. By 1992 the average daily attendance had fallen to 2,866 patrons. In 1993 the racetrack was closed. In the past several years we have been able to sustain average daily attendance and wagering as follows: Live Racing Days Simulcasting Days Only Attendance Wagering Attendance Wagering 1991 4,143 $362,632 N/A $166,842 1992 2,866 $203,026 N/A $135,901 1993 - CLOSED 1994 No Live Racing 734 $181,496 32760 November 16, 1999 Page 3 1995 3,964 $259,764 531 $169,113 1996 3,765 $240,216 506 $168,372 1997 3,411 $202,161 430 $152,726 1998 3,509 $218,418 427 $180,557 1999 3,738 $248,179 428 $162,799 The racetrack needs to pay for the cost of operations and most of the cost of purses from its share of the daily wagering and sales of food and beverage. The State lottery, pull tabs and casinos, and especially the Mystic Lake Casino, have been devastating to racing. Mystic Lake has approximately 3,000 slot positions and 128 blackjack table positions and a bingo hall that can seat well over 1,000 patrons. There are five large casinos in this immediate market area. There are seventeen casinos in the State. We do not believe that we can increase attendance at the racetrack, thereby adding to the amount payable for purses, which thereby increases the quality of racing and increases attendance, without being able to add to the revenue stream of the racetrack by adding a card room to the wagering opportunities already available at the racetrack. Moreover, we believe a card club will attract more patrons to wager on the horse races and thereby promote the Minnesota horse industry and related industries. The State Legislature agreed and in last year's session it approved a card club at Canterbury Park as part of a Class B licensed racetrack. 32760 November 16, 1999 Page 4 II. The Legislature Limited the Extent of Card Playing and Wagering Allowed. The Legislature passed and Governor Ventura signed on May 24, 1999 Chapter 206 of the Laws of Minnesota for 1999 (a copy is enclosed). The Law basically did the following: 1. Allowed a Class B licensed racetrack to operate a card club at the racetrack for the patrons if the Minnesota Racing Commission ("MRC") approved it as part of the Class B license to be approved annually by the MRC. As you may know, the racetrack was issued a Class A license initially in 1984 so it could be built. The first Class B license was issued in 1984 so the Class B licensee could operate a facility at which wagering was allowed, and it has been issued annually thereafter by the MRC except in years when the racetrack has been closed. The Class A license remains effective until revoked or suspended by the MRC or relinquished by the licensee. Canterbury Park(the present owner and operator)has held a Class A and Class B license since 1994. We have never been reprimanded by the MRC for our conduct. We have had excellent relations with law enforcement personnel locally and throughout the State. As you may know,the type of wagering allowed under the Class B license has changed throughout the years based upon changes in the State statute, changes in the rules of the MRC and plans of the Class B licensee which were approved by the MRC. Changes in wagering opportunities were envisioned by the State Legislature when the original law was passed and changes have been made throughout the years. For example, in the early years the rules of the MRC were changed to allow various types of wagering. Simulcast wagering was added in State law in the late 1980's. The change in law to allow a card club at Canterbury Park is the most 32760 November 16, 1999 Page 5 recent change. 2. The MRC was given exclusive authority to approve and regulate the card club plan of operation and all aspects of card playing activities. The Class B licensee may not deviate from the approved plan for a card club without the MRC's approval. The MRC may withdraw its approval of the operating plan at any time. A violation of a law or rule relating to the card club operation or a violation of the approved plan subjects Canterbury Park to criminal penalties and fines. Moreover,the entire racetrack operation can be closed down by the MRC. 3. The card playing itself is limited by statute, generally as follows: a. Canterbury Park has no interest in the outcome other than it may receive a percentage from the wagering and may impose other charges. b. Canterbury Park, with active daily involvement by the MRC and State law enforcement personnel, is responsible to conduct and supervise and ensure the security and integrity of card playing activities. c. The card club is limited to fifty card playing tables. We anticipate 500 to 1,000 patrons per day, many of whom would already be at the racetrack for wagering on horses. d. The opening wager may not exceed $15 and no single wager that increases the total amount staked in any card game may exceed$30. III. How May the Card Club Change Attendance? We expect that on a typical weekend day we may have 1000 patrons more than we would 32760 November 16, 1999 Page 6 have otherwise had. On a weekday we expect 500 more patrons than we would have had otherwise. Given the existing vehicular access directly by freeway to the racetrack,we do not believe the additional traffic will be noticed by anyone. Typically we expect 2 to 2.5 patrons per car, so there would be approximately 250 to 500 additional cars spread out over the entire day. For the last several years we have conducted wagering from as early as 8:30 AM to 3:00AM . Typically the wagering has been conducted from 10:00 AM to 11:00 PM. Based on experience elsewhere,we expect 50— 100 players to remain playing after midnight. We need to determine what the market will support. During late-night wagering in the card club,the second and third floor areas will be closed off and lighted with security lighting as in the past. Card clubs are generally open 24 hours a day and we intend to request the same flexibility. IV. Types of Card Games that can be Offered. The statute does not limit the type of card games that can be played. We have not decided yet what type of card games we will seek to have the MRC approve. V. The Card Club Will not Adversely Impact the Image of the Racetrack. The card club will be located on the first floor in a separate enclosed area. We anticipate spending approximately $2 million for construction of the card club, card tables, security monitoring, surveillance cameras, etc. No one under the age of 18 is permitted in the card club. We expect that these card games will attract primarily the same type patron that the prior race horse wagering attracted which is typically male, middle aged, higher income and with more 32760 November 16, 1999 Page 7 formal education than the population as a whole. We expect that the patron coming to and from the card club will be indistinguishable in looks and dress from any non-card club patron. We expect that card club patrons will be first regular patrons who wager on horse racing and only secondarily be patrons of the card club. VI. The Card Club Will Not Adversely Impact the Citizens of Shakopee. A successful Canterbury Park benefits the City. As I have discussed, there is no reason to believe that the operation of a card club will cause any traffic or other zoning type concerns. There is no reason to believe that the patrons at the card club will act in any way to adversely impact the citizens of Shakopee. The card club and the entire racetrack premises are patrolled by trained and experienced security personnel. If we do not do a good job in ensuring honest games in a hospitable atmosphere, we will be exposed to loss of customers, fines,possible criminal penalties and the closure of not only the card club, but the entire racetrack. Not only is a well run and honest card club required from us as a matter of law, it is obviously also in our economic interest to ensure the integrity of the operations in the card club. It is also in our self interest to ensure that our patrons are good guests in the City when they come to or leave the racetrack. Based upon our past experience,there is no reason to believe they will not act as good guests. We have conducted surveys and focus groups to determine the likely patron of the card club. First,the patron is most likely to be a supporter of horse racing and a prior patron of the racetrack. Second,the most likely patron is well off financially and in the 45-70 age group. The next most likely patron is in the 25 - 45 age group. Certainly there will be some younger adults 32760 November 16, 1999 Page 8 from time to time. However, the above demographics are no different from those horse wagering patrons of the last 14 years. There are a few card clubs across the country that are located at racetracks which are in less desirable areas of the town. That type of location may affect the demographics of a certain percentage of that card club's patrons. When Canterbury Downs first opened, a few people speculated that it would attract undesirable patrons. That did not happen because of the racetrack's location and management controls. Similar fears were expressed when Mystic Lake Casino opened in 1991. To my knowledge those fears have proven to be unrealized. There is nothing out of the ordinary related to the card club. Wagering is a form of entertainment which is very popular throughout the State and the Country. It has been estimated that wagering in Minnesota is presently in the range of$3 to $5 billion per year. Some people may object to it on personal grounds. That is understandable. Some people object to movies with other than a"G"rating;that, too, is understandable. However,that does not mean that patrons attending the movies should be viewed as having an adverse effect on citizens in the host community. We believe that the patrons of the card club will help make the racehorse industry successful so all people in the State can benefit in part therefrom. We believe that a successful racetrack helps local retailers succeed also. VII. Concerns about the Proposed Resolution. When I learned last week that representatives of the City had concerns about the timing 32760 November 16, 1999 Page 9 of the approval process for a card club before the MRC and its relationship to the review thereof by the City, I immediately informed the MRC that we would not be submitting our plan for the card club operation as we had intended to do last Friday on November 12, 1999. Instead I informed City staff that we would present our plan for the card club to the City when we submit it to the MRC. We hope that the Planning Commission can review the plan(if the Council wants us to appear before the Planning Commission) at its regular meeting on January 6, 2000. We hope the Council can review the plan at its regular meeting on January 18, 2000. The MRC would review the plan and hopefully act upon it on January 19, 2000. We need to work out the details of the review process with the City and the MRC. For example, our security and surveillance plans related to the operations of the card club are very confidential for obvious reasons. The MRC has the legal right to keep those plans private so non-law enforcement people can not read them. We need to make sure that when the security and surveillance plans are presented to the City, only City law enforcement and other appropriate personnel and the City Council may review them as non-public data and that the plans still can remain non-public data thereafter. (The attorneys hopefully can recommend the best procedure related thereto). We will submit to the City any relevant information the City wants to see related to the card club. Please let us know what information you want. If we submit the information, say no later than November 30,hopefully the City will be able to complete its staff review in December so the above schedule can be met. We have a lot of work to do related to the construction of the card club, etc., and if we 32760 November 16, 1999 Page 10 can proceed with construction in January, we hope to be able to open the card club in April, approximately one month before live racing starts in May, 2000. The MRC will need to decide if it has the authority to give to the City the authority to approve the plan also. No matter what, I am sure the MRC will want to know the concerns, if any, of the City. The statute requires that the MRC find that"the operation of a card club by the licensee will not adversely affect the public health,welfare and safety, and that the licensee is fit to operate a card club." Of course, we too want to know of the concerns, if any, related to the proposed card club, so we hopefully can address them to your satisfaction. If the card club is approved by the MRC and operated, of course we will always thereafter address any concerns, if any, that you may have. Please remember that if we do not operate a card club in compliance with the approved plan and in compliance with the law,the MRC can close the card room immediately. Moreover, the approval for a card club must be obtained annually from the MRC. We are not adverse to reimbursing the City for its cost incurred in the review of the proposed card club. We would like to discuss the details thereof with City staff and then discuss it with you at your meeting on December 7 if that is acceptable to you. We are not adverse to reimbursing the City for its cost incurred relating to City police responses, if any are needed, for activities in the card club. In the past there have been a few police calls each year related to patrons here for horse wagering. We have just received the agreement between the City and ValleyFair related to reimbursement for police calls. Again, we would like to discuss the details thereof with City staff and then discuss it with you at your meeting on December 7, if that is 32760 November 16, 1999 Page 11 acceptable to you. We do not know why there would be any start up or operational costs that the County may incur. If there are, we would be glad to address them. The County Sheriff's personnel rarely have been involved in prior activities at the racetrack and I doubt they would be in the future. Please remember related to law enforcement matters that we have our own well trained security personnel at the racetrack at all times. The MRC and State security personnel (Alcohol and Gambling Enforcement) oversee our security procedures and frequently have security staff on site. Pursuant to State law, all of our procedures and financial records are subject to State and MRC inspection and modification as may be required. The integrity of racing has always been our number one concern. Card club activities are a part thereof and the integrity of the card club will also be our number one concern. I hope no one has any doubts about that. VIII. Conclusion. As always we are here to work with City. We will provide information to you that you need. We ask that you not adopt the proposed resolution at this time and give us and the MRC a chance to work with you to address your concerns. If you are not satisfied with the results, there is plenty of time for the Council to adopt an appropriate resolution in December or January before the MRC acts on the card club plan,tentatively scheduled for January 19, 2000. We have spent years creating a positive image for Canterbury Park and we will do nothing that will adversely affect that image. 32760 November 16, 1999 Page 12 Very truly yours, i. irrsi / ,/, --'------ Randy S cc: Mark McNeill, City Administrator Richard Kreuger, Executive Director, Minnesota Racing Commission 32760 1 Ch.206 I i; o_.X210 1211 LAWS of MINNESOTA for 1999 , Presented to the governor May 21,1999 utes listed in Signed by the governor May 25, 1999,3:45 p.m. ke necessary ' �' CHAPTER 206—H.F.No.1825 mblin ;allowing a class B licensee of a class A racetrack to conduct card An viti s;expanding to nga 8 _ � � club activities;expanding the use of pull—tab dispensing bingo prizes;specifyinghmaximum'cal n�pboard i •, ting forth conduct i raffles;modifying progressive 1i prizes;amending Minnesota Statutes 1998,sections 240.01,by adding subdivisions;240.07,subdi- ' vision 3;240.10;240.25,subdivision 8;349.151,subdivision 4b;349.1711,byoaddingr aw in nd>H n ti sion;and 349.211,subdivision 2,and by adding a subdivision;proposing coding f 'r nesota Statutes,chapters 240;and 349. Z BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3 *, 4 '', Section 1.Minnesota Statutes 1998,section 240.01,is amended by adding a subdi- vision to read: R - Subd.24. CARD CLUB."Cara club"means a facility or portion of a facility where 0 the commission has authorized a licensee to conduct card playing. Sec.2.Minnesota Statutes 1998,section 240.01,is amended by adding a subdivi- :q sion to read: £'x Subd.25. CARD PLAYING."Card playing"means an activity wherein individu- -6 comprised of a series of als compete and wager with each other utilizing a 52 unit system comp _ of and A,combined with four 'i. numbers,numbered two through ten,and the letters 7,Q,K, symbols co known as hearts,diamonds,spades,and clubs,wherein each individ- ualunit constitutes tes the display of one of the 52 possible combinations.The symbol com- be incorporated into the system. 3 monly known as a Joker may Sec.3.Minnesota Statutes 1998,section 240.01,is amended by adding a subdivi- ., sion to read: the ;` system orgame where ) , Subd.26.UNBANKED."Unbanked' means a wagering y — ' individual parti�iPants compete agams—teach other and not a a a erg°nig from the or house. I' ?, In t unbanked system or game,the other c sponsor or house may P — ose charges for hosting the activity,but does not have an interest wad gers and imp �-- sponsor—Oil—louse or house may add additional Prizes, an interest in the outcome of a game.The spo —ses., • `- awards,or Toney-TO-WIT-gine for promotional pureo ; , Sec.4.Minnesota Statutes 1998,section 240.07,subdivision 3,is amended to read: ' Subd.3.LICENSE ISSUANCE.thecommissiondetermines that theapplicant pplicantrwil "� from the hearing and investigations, ,' conduct horse racing in accordance with all applicable the license will rules, s,cwilleate a not adversely 19B.19,subdivi affect the public health,welfare,and safety, interest titive 21 subdivi situation that will adversely affect racing and the public issue a classali ense applicant is 9B. fit to sponsor and manage racing,the commission may New language Ls indicated by underline,deletions by strikeout 16 • Ch.206 LAWS of MINNESOTA for 1999 1212 1213 ili , establi (b)If the commission determines that the licensee will operate a card club in accord- does li ance with all applicable law and rules and the applicant's approved plan of operation un- ties to der section 240.30,subdivision 6,that the operation of a card clubby the licensee will not tion,tl adversely affect the public health,welfare,and safety,and that the licensee is fit to open- _S' ate a card club,the commission may include with the class B license an authorization to conduct a card club at the licensee's class A racetrack as provided in section 240.30.The P commission may give an interim authorization for the operation of a card club that is ef- post it fective until the expiration of the licens le cs e�' ass B license,and may charge for the inter- sooner im authorization a_proportionate amount of the additional class B license fee under sec- lishe r tion 240.10. `. (c)The license is for a period of one year. Sec.5.Minnesota Statutes 1998,section 240.10,is amended to read: ent a, in tai 240.10 LICENSE FEES. in— The fee for a class A license is$10,000 per year.The fee for a class B license is$100 for each assigned racing day on which racing is actually conducted,and$50 for each day mute on which simulcasting is authorized and actually takes place,plus$10,000 per year if the tract class B license includes authorization to operate a card club.The fee for a class D license 1 , is 50 for each assigned racing—da on-Which which racing is actually conducted.Fees imposed liter on class B and class D licenses must be paid to the commission at a time and in a manner ro),; 6.T as provided by rule of the commission. - — time 1 The commission shall by rule establish an annual license fee for each occupation it �` licenses under section 240.08 but no annual fee for a class C license may exceed$100. • d License fee payments received must be paid by the commission to the state treasurer z aannd for deposit in the general fund.I4. fort Sec.6.[240.135]CARD CLUB REVENUE. `, I' (a)From the amounts received from charges authorized under section 240.30,sub= v y'a. > du( — ' • fff to II division 4,the licensee shall set aside the amounts specified in this section to be used for I purse payments.These amounts are in addition to the breeders fund and purse require- ser _ t` int ments set forth elsewhere in this chapter. (1)For amounts between zero and$6,000,000,the licensee shall set aside ten per- tf` �', ' cent to be used as purses. ca II _ _ fay (2)For amounts in excess o_f$6,000,00,the licensee shall set aside 14 percent to be jused as purses. B h a,the licensee shall set aside ten _ (b)From all amounts set aside under paragraph O _ — percent to be deposited in the breeders fund.The licensee and the horseperson's organiza: SI 1,1,I, tion representing the majorityof horsepersons who have raced at the racetrack during the _ preceding 12 months may negotiate percentages different from those stated in this sec- . 1 tion if the agreement is in writing and filed the racing commission. p /1 _ r,; (c)It is the intent of the legislature that the proceeds of the card playing activities 1` f. � authorized by this chapter be used to improve the horse racing industry by improving 1,; purses.The commission shall annually review the financial details of card playing activi- .I ` s I ties and determine if the present use of card playing proceeds is consistent with the policy New language is indicated by underline,deletions by stdikeeui , n ,i. 1212 ' 1213 LAWS of MINNESOTA for 1999 Ch.206 ,, l in o ,l_ • established by this paragraph.If the commission determines that the use of the proceeds sration un- does not comply with the policy set forth herein,then the commission shall direct the par- ,ee will not ties tomake the changes necessary to ensure compliance.If these changes require legisla- fit to oper- tion,the commission shall make the appropriate recommendations to the legislature. , nzation to Sec.7.[240.136]COMPULSIVE GAMBLING NOTICE. 10.30.The that is ef- A class B licensee who has been authorized to operate a card club must prominently l r the inter- post in the card club premises the toll–free telephone number established by the commis- under sec- signer of human services in connection with the compulsive gambling program estab- ' fished under section 245.98. 'I Sec.8.Minnesota Statutes 1998,section 240.25,subdivision 8,is amended to read: 1 Subd.8.AGE UNDER 18.A person under the age of 18 may not place a bet or pres- , '' ent a pari–mutuel ticket for payment with an approved pari–mutuel system or participate playing in card at a card club at a licensed racetrack. 3g -- ------ ise is$100 Sec.9.[240.30]CARD CLUBS. reach day year if the Subdivision 1. CARD CLUB OPERATION.A class B licensee conducting pari– t. D license ` mutuel betting on horse racing ata class A racetrack may operate a card club at the race- I'' track and offer card playing services to patrons only if the commission has authorized the I s imposed a manner licenser to operate a card club operation under section 240.07,subdivision 3,paragraph w,' (b),and the commission has approved the licensee's plan of operation under subdivision 6.The commission may withdraw its authorization for operation of a card club at any l -upation it time for a violation of a law or rule governing card club operation. is red$100. Subd.2. SUPERVISION.The authorized licensee is responsible for conducting f! treasurer '` til, and supervising the card games,providing all necessary equipment,services,and per- sonnel,and reimbursing the commission for costs related to card club regulation and en- forcement. r Subd.3. TYPE OF WAGERING.All card club wagering activities must be con- 0.3( '" ducted in au unbanked system. e used for —— ii require- Subd.4. CHARGES.The authorized licensee may charge patrons for card playing • services by Teducting and retaining money from wagers,by charging a fee based on play- ` ing time,or by any other means authorized by the commission. e ten per- -- Subd.5.LIMITATION.The commission shall not authorize a licensee to operate a card club unless the licensee has conducted at least 50 days of live racing at a class A cent to be facility within the past 12 months or during the preceding calendar year. Subd.6. PLAN OF OPERATION.(a)The commission shall not authorize a class 1, aside tenB licensee to operate a card club unless the licensee has submitted,and the commission organiza- approved,a plan of operation for card playing activities.The plan must set forth all neces- luring the , nary details for conducting card playing activities,including,among other things: 4 this sec- — -- (1)specifying and defining all card games to be played,including all governing as- pects of each game; activities (2)time and location of card playing activities; '' (proving —-- —— ;' -ig activi- (3)amount and method by which participants will be charged for card playing ser- he policy vices; :: New language is indicated by underline,deletions by strikes I I • ,r ` 0 1 Ch.206 LAWS of MINNESOTA for 1999 1214 "' (4)arrangements to ensure the security of card playing activities; (5)designation all licensed employees of the licensee who undertake supervisory positions related to card playing activities; — (6)internal control systems for card playing activities;and (7)a plan for the training of card club personnel in identification of problem gam- , biers and appropriate action to prevent or control problem gambling. (b)The licensee must prepare and make available to all customers a written manual that covers all portions of the current plan of operation.The licensee must also publish,in pamphlet form,acondensed and comprehensive version of the manual andmake it avail- I able to all customers. Subd.7. AMENDMENTS TO PLAN;VIOLATIONS;RELATION TO OTH- ER LAWS.(a)The licensee may amend the plan of operation only with the commission's • • i approval.The commission may withdraw its approval of a plan of operation. 1 (b)Card club activities are deemed to be relevant to the integrity of horse racing acti- ,' vities in Minnesota for purposes of sections 240.03;240.06,subdivision 7;240.08;and ' 240.27,subdivision 1. 1 .1 s (c)A violation of a law or rule relating to card club operation ora violation of an ' approved plan of operation is deemed to be a violation of law orrule for purposes of sec- tion 240.22. . ! (d)A violation of an approved plan of operation is deemed to be a violation of a rule Ij i,` of the commission for purposes of section 240.26,subdivision 3. ,.`.�! (e)Card playing at a card club is deemed to be a bet at a licensed racetrack for pur • '; poses of section 240.28,subdivision 2. `(,.4, plan of operation Subd.8.LIMITATIONS.The commission may not approve any p — P under subdivision 6 that exceeds any of the following limitations: (1)the maximum number of tables used for card playing at the card club at any one ; '' time may not exceed 50; {? (2)the opening wager by any player in any card game may not exceed$15;and 'j card game may ex- t x I (3)no single wager that increases the total amount staked in any ceed0. Subd.9. REIMBURSEMENT TO COMMISSION.The commission shall re- ! i quire that the licensee reimburse it for the commission's actual costs,including personnel !;, costs,of regulating the card club.Amounts received under Eis subdivision must be de- ! posited as provided ided in section 240.155,subdivision 1. ,, • Sec. 10.Minnesota Statutes 1998,section 349.151,subdivision 4b,is amended to i:-i read: Subd.4b.PULL–TAB SALES FROM DISPENSING DEVICES.(a)The board may by rule authorize but not require the use of pull–tab dispensing devices. l (b)Rules adopted under paragraph(a): New language is indicated by underline,deletions by strikeout. I 1 s1 ;f j 1214 1215 LAWS of MINNESOTA for 1999 Ch.206 (1)must limit the number of pull–tab dispensing devices on any permitted premises ke supervisory to three; (2)must limit the use of pull–tab dispensing devices to a permitted premises which is(i)a licensed premises for on–sales of intoxicating liquor or 3.2 percent malt bever- i1 ages;or(ii)a licensed bingo hail that allows gambling only by persons 18 years or older; problem gam- and (3)must prohibit the use of pull–tab dispensing devices at any licensed premises written manual `i where pull–tabs are sold other than through a pull–tab dispensing device by an employee also publish,inof the organization who is also the lessor or an employee of the lessor. j make it avail- (c)Notwithstanding rules adopted under paragraph(b),pull–tab dispensing devices may be used in establishments licensed for the off–sale of intoxicating liquor,other than ON TO OTI3- I. drugstores and general food stores licensed under section 340A.405,subdivision 1. ;commission's : dion. A. (d)The director may charge a manufacturer a fee of up to$5,000 per pull–tab dis= 1 i — pensing device to cover the costs of services provided by an independent testing laborato- ,rse racing acti- `? ry to perform testing and analysis of pull–tab dispensing devices.The director shall de- 7; 7;240.08;and posit in a separate account in the state treasury all money the director receives as reim- 1 `' bursement for the costs of services provided by independent testing laboratories that have 4. entered into contracts with the state to perform testing and analysis of pull-tab dispensing violation of an devices.Money in the account is appropriated to the director to pay the costs of services urposes dim- under those contracts. IIg dation of a rule Sec.11.Minnesota Statutes 1998,section 349.1711,is amended by adding a subdi- -- — 4 vision to read: I etrack for pur- Subd.4. TIPBOARD RULES.The board may by rule permit tipboard games with multiple seals. The board may also adopt rules for cumulative or carryover tipboard i prizes. ' alto.; eration Sec. 12.[349.173]CONDUCT OF RAFFLES. i I flub at any one -- Raffle tickets ata minimum must list the three most expensive prizes to be awarded. If additional prizes will be awarded that are not contained on the raffle ticket,the raffle 4" ticket must contain the statement"A complete list of additional prizes is available upon red$15;andrequest." Notwithstanding section 349.12,subdivision 33,raffles conducted under the ——— exemptions in section 349.166 may use tickets that contain only the sequential number of ;` game may ex- a the raffle ticket and no other information if the organization makes a list of prizes and a statement of other relevant information required by rule.available to persons purchasing ,ssion shall re- fi tickets and if tickets are only sold-at the event and on the date when the tickets are sold. ?' ding personnel Sec. 13.Minnesota Statutes 1998,section 349.211, subdivision 2,is amended to n_must be de- read: }' Subd. 2. PROGRESSIVE BINGO GAMES. A prize of up to $2,000 may be is amended to awarded for a progressive bingo game,including a cover–all game.The prize for a pro- gressive bingo game may start at$300 and be increased by up to$100 for each occasion .(a)The board , duringwhich the progressive bingo game is played.A consolation prize of up to$490 1; ices. $200 for a progressive bingo game may be awarded in each occasion during which the progressive bingo game is played and the accumulated prize is not won.The total amount , awarded in progressive bingo game prizes in any calendar year may not exceed$36,000. 1' New language is indicated by underline,deletions by strikeout: i,' 1 Ch.206 LAWS of MINNESOTA for 1999 1216 : 1217 Sec.14.Minnesota Statutes 1998,section 349.211,is amended by adding a subdivi_ . 0 sion to read: Subd.2c. TIPBOARD PRIZES.The maximum prize which maybe awarded fora An act, tipboard ticket is$500,not including any cumulative or carryover prizes.Curt--1----dativee or challenge the carryover prizes in tipboard games shall not exceed$2,500. -------- frivolous or i. Sec. 15.EFFECTIVE DATE. BE IT ENA Sections 1 to 13 are effective the day following final enactment.Section 14 is effec- tive the day following final approval of the rules established in section 11. Sectio Presented to the governor May 21, 1999 244.0- I Signed by the governor May 24, 1999,9:51 a.m. The cc and educat: "q untarily pa the prograi CHAPTER 207—H.F.No.1289 section under thisis An act relating to ori' prevention;increasing the criminal,enalty for providing alcoholic limitations beverages to underage perso`_, under certain circumstances;, nding• Minnesota Statutes 1998, No ac section 340A.701,subdivision '\ section,no BE IT ENACTED BY THE L\',ISLATURE OFT STATE OF MINNESOTA: gramt,te. this state. Section 1.Minnesota Statutes 98,section.40A.701,subdivision 1,is amended to Sec. 1 read: Subdivision 1.UNLAWFUL AC is a felony: 244.0 il (a)A (1)to manufacture alcoholic bevera e"'n violation of this chapter; — (b)T (2)to transport or import alcoholi.' evera_-s into the state in violation of this chap- penalties i ' ter for purposes of resale;or \\ seetien 36 4111 (3)to sell or give away for • ,.erage purposes'.oisonous alcohol,methyl alcohol, , .z. board to h denatured alcohol,denaturing I.:real,or any other. ,oholic substance capable of caus- fraction p< •i ing serious physical or mental juries to a person con ming it;or { or adding 3. disciplina (4)for a person other a licensed retailer of alco=olic beverages,a bottle club tionenal permit holder,a municipal -quor store,or an employee or :.ent of any of these who is p actinghai within the scopeo; mployment, board fal p yment,to violate the provis`ins of section 340A.503, miffed fal subdivision 2,clause(1) •y selling;bartering,furnishing,or gi` ng alcoholic beverages to a person under 21 y of age if the age purchaser of the`;_,•,;_ rage that (c)7 i person becomes intox ated and causes or suffers death or great bo y harm as a result of der sectio the intoxication. \\ <. — Pres Sec.2.EF : TIVE DATE. Sign Section 1 i'effective August 1, 1999,and applies to crimes co \'1 d on orafter that date: — — — ——— Presen d to the governor May 21,"1999 Sign=i by the governor May 24, 1999,9:41 a.m. _ { New language is indicated by underline,deletions by stFikeoe 7 - ill CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Senior Citizen Deferment of Special Assessments DATE: October 25, 1999 INTRODUCTION: City Council is asked to consider adopting the attached Ordinance amending the City Code relating to the deferment of special assessments for senior citizens. BACKGROUND: Minnesota State Statutes 435.193 provide for senior citizens or retired and disabled persons to have their special assessments deferred based on certain qualifications. In addition, City Council may determine a hardship on the basis of exceptional and unusual circumstances not covered by these qualifications where Council determines in a nondiscriminatory manner that a deferment would not give the applicant an unreasonable preference or advantage over other applicants. Section 2.82 of the City Code, attached, sets forth the qualifications and criteria for senior citizens who wish to have special assessments against their property deferred. It was last amended in 1989. Council may wish to consider updating it with regards to the assessor's market value of the applicant's homestead property. According to Bob Schmitt, Deputy County Assessor, the average market value of homes in Shakopee for pay 2000 is $121,400. The current City Code sets the market value of the homestead at $75,000. The attached table shows what criteria neighboring communities have adopted in considering applications for the deferment of special assessments. Please note that they do not put a limit on the assessor's market value of the homestead in order to qualify for the deferment. ALTERNATIVES: 1. Leave the market value of the homestead at $75,000 2. Increase the market value of the homestead to $121,500 3. Increase the market value of the homestead to $150,000 4. Eliminate a cap on the market value of the homestead Senior Citizen Deferment of Special Assessments October 25, 1999 Page -2- RECOMMENDATION: Determine if it is desirable to retain a limit on the assessor's market value of the homestead to qualify for the deferment of special assessments and if so determine the amount. RECOMMENDED ACTION: 1. If alternative #4: Offer Ordinance No. 561, Fourth Series, An Ordinance Amending Section 2.82, Subdivision 1 of the City Code Relating to the Deferment of Special Assessments, and move its adoption. 2. If alternative 2 or 3, amend Ordinance No. 561 and then adopt it. is\clerk\Judy\srcitdef C) Ju th S: Cox C tY Clerk ORDINANCE NO. 561,FOURTH SERIES AN ORDINANCE AMENDING SECTION 2.82, SUBDIVISION 1 OF THE CITY CODE RELATING TO THE DEFERMENT OF SPECIAL ASSESSMENTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 — Chapter 2, Section 2.82, Subd. 1 of the City Code of the City of Shakopee is amended to read: Subd. 1. Qualifications. The Council may defer the payment of any special assessment on homestead property owned by a person who is sixty-five (65) years of age or older, or who is retired by virtue of permanent and total disability, and the City Clerk is hereby authorized to record the deferment of special assessments where the following conditions are met; but nothing herein contained shall be construed to prohibit the determination of such a hardship on the basis of exceptional and unusual circumstances not covered by these standards and guidelines where the determination is made by the Council in a nondiscriminatory manner that a deferment should be granted when such deferment does not give the applicant an unreasonable preference or advantage over other applicants: A. Any applicant must be sixty-five(65) years of age, or older, or retired by virtue of permanent and total disability, and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant. B. The applicant and any other owner of said property who resides therein with the applicant shall not have an annual gross income in excess of the Section 8, low income limits in effect at the time of the application. (As established by the Department of Housing and Urban Development.). Income specified in the application should be the income of the year preceding the year in which the application is made, or the average income of the three years prior to the year in which the application is made. C. The applicant and any other owner of said property who resides therein with the applicant shall not have gross assets(excluding the homestead property) in excess of$48,000.00. 0 E. The limitations on an applicant's assets, and property market value may be adjusted on an annual basis upon recommendation of the City Administrator and motion of the Council. . 1 F. Unless otherwise provided under the resolution adopting said assessments, all such deferred assessments shall bear interest at the rate of 8%per annum. G. This procedure shall not apply to any assessment of$100.00 or less. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,1999. Mayor of the City of Shakopee ATTEST: City Clerk 2 Senior Citizen Deferment of Special Assessments City Code Requirements SAVAGE PRIOR LAKE SHAKOPEE CHASKA 1. Assessor's Market Value for homestead property Not addressed Not addressed $75,000 Not Addressed 2. Gross assets of household $3,000 Not addressed $48,000 $48,000 excluding homestead and excluding one vehicle 3. Gross household monthly Less than amount As set forth by Section 8 $19,000 income of applicant to qualify for food family size for low income stamp assistance the City of Prior limits Lake in Exhibit 4. Other circumstances Same as Same as Council may Same as may be used to Shakopee Shakopee determine Shakopee determine hardship hardship on bases of other exceptional or unusual circumstances h:\judy\sr-defer it .VF r4ko i0 P'e - D.a"e k t &S a S,.K% MC Vv e. 4 I M as SCOTT COLtNTY HOUSING AND REDEVELOPMENT AUTHORITY SECTION 8 AND PUBLIC HOUSING INCOME LIMITS- Effective December 10, 1998 HOUSEHOLD SIZE VERY LOW INCOME . LOW INCOME 50%of area median income 1 80% of area median incom; 1 Person $ 22,250 i $33,450 2 Persons 25,450 j 38,2,t i 3 Persons _ 28,600 ,000 4 Persons 31,800 47,800 S Persons 34,350 . 1 . ,600 i 1 6 Persons 36,900 55,' -1 • I 7 Persons 39,450 59,250 , 8 Persons 42,000 . 63,1000 FAIR MARKET RENTS--Effective November 1, 1999 COMMUNITY 0-BR 1- BR I 2-BR 3-BR I 4-BR Belle Plaine $ 416 $ 535 $ 684 $ 925 l $ 1,048 e ElkofNew Market A � Jo clan i New Prague Rural Township Areas j Prior Lake .I $ 463 * $ 595 * I $ 761* $ 925 $ 1,048 Savage $ 457 $ 588 I $ 752 $ 925 1 $ 1,048 l i Shakopee $ 457 $ 588 I $ 752 $ 925 ; $ 1,048 I, - �. - ,_ - - *Area E.tception Renu approved by HUD effective January IS, :998 MANUFACTURED HOME SPACE•Effective OCTOBER 1 1998 Single Wide (Lot Rent Only) $268.00 1 ANNUAL ADJUSTMENT FACTORS- Effective OCTOBER 1, 1998 HIGHEST COST UTILITY: Included . . . . 1.024 Excluded . . . . 1.027 Manufactured Home Spacer use Highest Cost Utility Excluded i.. MFIP BASIC GRANT Monthly I Yearly 3 1. Child 437 5,244 t. 2 Children 532 6,384 3 Children 621 7,452 4 Children 597 8,364 5 bildren 773 9,276 cf:S3\,rMF.-INC.S8 ATTACHMENT A CITY OF PRIOR LAKE, MINNESOTA DEFERRED ASSESSMENT ORDINANCE INCOME LIMITS 1991 1992 1993 1994 1995 Family Size Income home Income Income Income 1 Person $20,009 $20,461 $21,239 $21,785 $22,532 2 Persons 22,795 23,311 24,197 24,819 25,670 3 Persons 25,666 26,246 27,243 27,943 28,901 4 Persons 28,538 29,183 30,292 31,071 32,137 5 Persons 30,802 31,498 32,695 33,535 34,685 6 Persons 33,062 33,809 35,094 35,996 37,231 7 Persons 35,411 36,211 37,587 38,553 39,875 8 Persons 37,675 38,526 39,990 41,018 42,425 1996 1997 1998 1999 2000 Family Size Income income Income Income Income 1 Person $23,046 $23,816 $24,269 • 2 Persons 26,255 27,132 27,648 3 Persons 29,560 30,547 31,127 4 Persons 32,870 33,968 - 34,613 5 Persons 35,476 36,661 37,358 6 Persons 38,080 39,352 40,100 7 Persons 40,784 42,146 42,947 8 Persons 43,392 44,841 45,693 Income limits will be adjusted annually by the following Minneapolis-St. Paul Consumer Price Index and corresponding per cent increase: Year Index % Adj. 1985 107.0 - , , 1986 - 108.4 1.31% ` - 1987 111.6 2.95% 1988 117.2 5.02% 1989 122.0 4.10% 1990 128.5 5.32% 1990(6 mos. - 125.5) 1991 131.4 2.26% 1991 (6 mos. - 129.4) ... 3.1% 1992 136.4 3.80% 1992 (6 mos. - 133.6) ... 3.2% 1993 139.9 2.57% 1993 (6 mos. - 138.5) ... 3.7% 1994 144.7 3.43% 1994(6 mos. - 142.5) :.. 2.9% 1995 148.0 2.28% 1995(6 mos. - 146.0) ...2.5% 1996 153.0 3.34% 1996(6 mos. - 150.8) ... 3.3% 1997 155.9 1.90% 1997 (6 mos. - 154.9) ... 2.7% H:\ASSESS\DEFERI.DOC 4 i ry 0C iK ° Pe § 2.80 Subd. 6. Term of Franchise. No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty (20) years shall be effective until approved by a majority of the electors voting thereon. Subd. 7. Exception. Nothing in this Section shall.pertain to the Shakopee Public Utilities Commission. (Ord..1, April 1, 1978) SEC. 2.81. PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS PERMITTED. Subd. 1. When made. Partial prepayments of special assessments for local improvements may be made after the adoption of the assessment and prior to the first certification thereof to the County Auditor. Subd. 2. Amount. There may be only one partial prepayment and it must be in an amount not less than $100.00. (Ord. 82, December 24, 1981) SEC. 2.82. DEFERMENT OF SPECIAL ASSESSMENTS. Subd. 1. Qualifications. The Council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and the City Clerk is hereby authorized to record the deferment of special assessments where the following conditions are met; but nothing herein contained shall be construed to prohibit the determination of such a hardship on the basis of exceptional and unusual circumstances not covered by these standards and guidelines where the determination is made by the Council in a nondiscriminatory manner that a deferment should be granted when such deferment does not give the applicant an unreasonable preference or advantage over other applicants: A. Any applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability, and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant. B. The applicant and any other owner of said property who resides therein with the applicant shall not have an annual gross income in excess of the Section 8, low income limits in effect at the time of the application. (As established by the Department of Housing and Urban Development.) Income specified in the application should be the income of the year preceding the year in which the application is made, or the average income of the three years prior to the year in which the application is made. C. The applicant and any other owner of said property who resides therein with the applicant shall not have gross assets (excluding the homestead property) in excess of $48,000.00. D. The Assessor's Market Value of the applicant's homestead parcel shall not exceed $75,000.00. E. The limitations on an applicant's assets, and property market value may be adjusted on an annual basis upon recommendation of the City Administrator and motion of the Council paps revised in 1996 • 108 § 2.83 F. Unless otherwise provided under the resolution adopting said assessments, all such deferred assessments shall bear interest at the rate of 8 percent per annum. G. This procedure shall not apply to any assessment of $100.00 or less. Subd. 2. Length. The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the City Clerk of any change in status that would affect eligibility for deferment. Subd. 3. Interest. The entire amount of deferred special assessments shall be due within sixty days after loss of eligibility by the applicant. If the special assessmentis not paid within sixty days, the City Clerk shall add thereto interest at 8% per annum from date assessments were adopted through December 31 of the following year and the total amount of principal and interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, • the Council may order that the applicant pay within sixty days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date(including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. Subd. 4. When Due. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: A. The death of the owner when there is no spouse who is eligible for deferment. B. The sale, transfer or subdivision of all or any part of the property. C. Loss of homestead status on the property. D. Determination by the Council for any reason that there would be no hardship to require immediate or partial payment. (Ord. 121,August 4, 1983; Ord. 268, July 21, 1989; Ord. 337, July 23, 1992) SEC. 2.83. CAPITAL IMPROVEMENT FUND ESTABLISHED. Subd. 1. Established. A Public Works Reserve Fund to be known as the Capital Improvement Fund is hereby established pursuant to the authority granted by Minn. Stat. Sec. 471.57 with authority to levy taxes annually within the existing limits for the support of such fund and into which fund may be paid any other revenues or monies not required by statute to be paid into some other fund or used for purposes other than those provided for by this Section for the use of the Capital Improvement Fund. Subd. 2. Purpose of Fund. This Capital Improvement Fund shall be used only to finance local capital improvements of a type for which the City is authorized to issue bonds and including, but not limited to, sanitary and drainage sewers, watermains and appurtenances, buildings, streets, street lighting and street signaling. Whenever the Capital Improvement Fund balance falls below $75,000.00 the City Treasurer must immediately advise the Council and the Council pegs revised in 1996 109 . 2.1 . CITY OF SHAKOPEE ��,. .3 Memorandum r rj TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Amending Pay Plans Resolution Nos . 5266 & 5270 DATE: November 8, 1999 Introduction Council is requested to adopt two resolutions amending the pay schedules pursuant to Council action of 11/3/99 . Attached are resolutions prepared by the Payroll/Benefits Coordinator amending the pay schedule to incorporate an Assistant Finance Director position and the part-time pay schedule for an Accountant . Actions Offer Resolution No. 5266, A RESOLUTION AMENDING RESOLUTION NO. 5034, WHICH ADOPTED THE 1999 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE, and move its adoption. Offer Resolution No. 5270, A RESOLUTION AMENDING RESOLUTION NO. 5082, WHICH ADOPTED THE 1999 PART-TIME PAY SCHEDULE FOR THE PART-TIME AND SEASONAL NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE, and move its adoption. regg oxland Finance Director C:\gregg\memo\payres RESOLUTION NO. 5266 A RESOLUTION AMENDING RESOLUTION NO.5034,WHICH ADOPTED THE 1999 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 1, 1998,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5034, approving the 1999 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS,on November 3, 1999 the City Council of the City of Shakopee, Minnesota, authorized the recruitment process for an Assistant Finance Director position, it is therefore necessary to amend the 1999 Pay Plan by adding the classification of Assistant Finance Director in Grade J. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 1999 Pay Plan for Officers and Non-union Employees is hereby amended to include the classification of Assistant Finance Director in Grade J. Adopted in session of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 1999 Pay Plan EFFECTIVE 1/1/99 Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjust City Administrator Q $67,057 $69,452 $71,847 $74,241 $76,636 $79,031 $81,426 $83,820 Unused P $62,988 $65,238 $67,487 $69,736 $71,986 $74,235 $76,485 $78,734 Police Chief 0 $58,918 $61,022 $63,127 $65,231 $67,335 $69,439 $71,543 $73,647 PWDir/Eng. 0 $58,918 $61,022 $63,127 $65,231 $67,335 $69,439 $71,543 $73,647 Com.Dev.Dir. N $55,328 $57,304 $59,280 $61,256 $63,232 $65,208 $67,183 $69,159 Finance Director N $55,328 $57,304 $59,280 $61,256 $63,232 $65,208 $67,183 $69,159 Unused M $51,737 $53,585 $55,432 $57,280 $59,128 $60,975 $62,823 $64,671 City Engineer L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 Deputy Chief L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 $ 62,428 Park&Rec.Dir. L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 $ 50,963 Asst City Eng K $45,466 $47,089 $48,713 $50,337 $51,960 $53,584 $55,208 $56,831 Assistant Finance Director J $42,690 $44,214 $45,739 $47,263 $48,788 $50,312 $51,837 $53,361 EDA Coordinator J $42,690 $44,214 $45,739 $47,263 $48,788 $50,312 $51,837 $53,361 Building Official I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 PW Supervisor I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Project Coordinator I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Accountant III I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Planner II I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Facility Mgr I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 City Clerk I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Bldg Inspector H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Fire Code Inspector H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Eng Tech IV H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Recreation Super II H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Payroll Benefits Coord G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Planner I G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Eng Tech III G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Administrative Assistant F $32,852 $34,025 $35,198 $36,371 $37,544 $38,718 $39,891 $41,064 Executive Secretary E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Recreation Supervisor I E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Eng Tech II E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Planning Tech D $28,806 $29,834 $30,863 $31,892 $32,921 $33,949 $34,978 $36,007 Secretary D $28,806 $29,834 $30,863 $31,892 $32,921 $33,949 $34,978 $36,007 Accounting Clerk C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Police Records Tech C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Clerk Typist II C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Office Service Wkr B $25,263 $26,166 $27,068 $27,970 $28,872 $29,774 $30,677 $31,579 Community Sery Officer A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Customer Sery Rep A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Facility Maint Wkr A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Bldg Maintenance Wkr A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Receptionist AA $21,826 $22,606 $23,385 $24,165 $24,944 $25,723 $26,503 $27,282 Amended 11/8/99 RESOLUTION NO. 5270 A RESOLUTION AMENDING RESOLUTION NO. 5082 WHICH ADOPTED THE 1999 PART-TIME PAY SCHEDULE FOR THE PART-TIME AND SEASONAL NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on March 16, 1999,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5082,approving the 1999 Part-time Pay Schedule for the part-time and seasonal non-union employees of the City of Shakopee; and WHEREAS, on November 3, 1999,the City Council approved the retention of the Accountant III on a part-time temporary status at the same pay rate as Step 3, Grade I of the 1999 Pay Plan,while the vacancy exits for the Assistant Finance Director position. It is therefore necessary to amend the 1999 Part-time Pay Plan to add the classification of Accountant as Grade S. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 1999 Part-time Pay Plan is hereby amended to add the classification of Accountant, Grade S. Adopted in session of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 1999 Part-Time Pay Plan 1999 Step Step Step Step Title Grade 1 2 3 4 Accountant S $17.4752 $18.5032 $19.5311 $20.5591 Recreation Instructor M $12.0484 $12.7571 $13.4658 $14.1746 Building Inspector M $12.0484 $12.7571 $13.4658 $14.1746 Language Translater M $12.0484 $12.7571 $13.4658 $14.1746 Engineering Inspector M $12.0484 $12.7571 $13.4658 $14.1746 Snow Plow Operator M $12.0484 $12.7571 $13.4658 $14.1746 Not Used L $11.3026 $11.9675 $12.6323 $13.2972 Not Used K $10.5569 $11.1779 $11.7989 $12.4198 Not Used J $9.8968 $10.4790 $11.0612 $11.6433 Code Enforcement Officer I $9.2368 $9.7801 $10.3235 $10.8668 Gymnastics Asst. I $9.2368 $9.7801 $10.3235 $10.8668 Pool Manager I $9.2368 $9.7801 $10.3235 $10.8668 Recording Secretary I $9.2368 $9.7801 $10.3235 $10.8668 Engineering Intern H $8.6620 $9.1716 $9.6811 $10.1906 Administrative Intern H $8.6620 $9.1716 $9.6811 $10.1906 Asst Pool Manager H $8.6620 $9.1716 $9.6811 $10.1906 Arena Rink Attendant G $8.0873 $8.5630 $9.0387 $9.5144 Activity Leader G $8.0873 $8.5630 $9.0387 $9.5144 Lifeguard/Instructor G $8.0873 $8.5630 $9.0387 $9.5144 Maintenance Laborer G $8.0873 $8.5630 $9.0387 $9.5144 Building Coordinator G $8.0873 $8.5630 $9.0387 $9.5144 Mechanics Helper F $7.5856 $8.0319 $8.4781 $8.9243 Lifeguard E $7.0840 $7.5007 $7.9174 $8.3341 Pool Cashier E $7.0840 $7.5007 $7.9174 $8.3341 Outdoor Rink Attendant D $6.6317 $7.0218 $7.4119 $7.8020 Office Worker C $6.1795 $6.5430 $6.9064 $7.2699 Activity Asst. C $6.1795 $6.5430 $6.9064 $7.2699 Pool Aide B $5.7882 $6.1287 $6.4692 $6.8096 Not Used A $5.3969 $5.7144 $6.0319 $6.3493 Amended 11/8/99 Jr. a Ye CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MnDOT Parcel 75 Assessments DATE: November 9, 1999 INTRODUCTION: The Council is asked to make a decision after hearing presentations regarding the assessments of Southbridge Parkway through the 50 acre MnDOT parcel. BACKGROUND: Previously,the Council heard information from Public Works Director Bruce Loney regarding the assessments for the Southbridge Parkway improvements through the MnDOT Parcel 75 property. The City has already assessed a total of$147,216.52 equally against the total 550 acres in the Southbridge Development, including the MnDOT parcel. In other words,the assessments would go against 100%of the development. To the contrary, Steve Soltau,representing the Southbridge development, felt that the assessments should go entirely against the MnDOT parcel, especially in view of recent changes regarding the price. Council may recall that it had earlier this year authorized purchase of the entire 50.24 acres at the appraised value of$14,431 per acre. At the suggestion of the Southbridge developers,negotiations were reentered with MnDOT. After one variation where the entire parcel would be donated by MnDOT to the City for park purposes, a compromise solution was settled upon,in which MnDOT would donate one half of the parcel to the City at no cost, as long as it was used for park or roadway purpose. If any portion of the"free"parcel changed to a different use,those acres would either revert to the ownership of MnDOT, or the City would need to buy them at the then appraised value. The remaining one half of the parcel would then be purchased at $14,431 per acre, and could be used for any purpose. Because no settlement was reached at the October 5th Council meeting when this was most recently discussed, Council directed that Councilors Link and DuBois, and City staff meet with the Southbridge developers to try to negotiate a resolution. On October 12th, Councilor Link,Bruce Loney, and I met with Steve Soltau(Councilor DuBois was unable to attend that day). What was proposed from the City was that the developers agree to pick up 65% of the assessments, with 35%of the assessment going against the MnDOT parcel (totaling $51,526). That was not acceptable to Mr. Soltau, so Councilor Link has withdrawn that offer. Both Councilor Link and Mr. Soltau feel that this would need to be decided by the City Council;therefore, it is scheduled for the November 16th meeting. For the City, Councilor Link will recommend that the Public Works Director's previous position be followed,where 100%of the assessments go against the entire Southbridge development, as has been assessed. Mr. Soltau will speak for the developers. It is important for this to get settled, so the MnDOT can do the paperwork necessary to provide for the transfer to the City. Critical in that, and as part of the discussion with the Council will be what portion of the 50.24 acres will be the"free"portion-to be used for park and/or roadway purposes, and what part will be purchased by the City, so that there would be no restriction on future use. To maintain the maximum flexibility,the City could purchase the entire 50.24 acres at the appraised value; even the full MnDOT price is only about one third of what the market value is for land in the area. RECOMMENDATION: Council will need to hear the presentations, and make a decision on the assessments. ACTION REQUIRED: Decision on the amount of assessments to be levied against the MnDOT Parcel 75, and remainder of Southbridge development. Dakiu,tvi Mark McNeill City Administrator MM:tw �s. �, / . a. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Southbridge Parkway Reassessment and Right-of-Way Costs for the Mn/DOT Parcel DATE: September 21, 1999 INTRODUCTION: At the September 21, 1999 City Council meeting, the City Council will consider the revised purchase agreement for the 50 acres of Mn/DOT property in the Southbridge Addition area. If the Council is to consider the revised purchase agreement with Mn/DOT on this 50 acre parcel, the Council should discuss what the right-of-way costs per acre that should have been assessed to the developer of Southbridge Parkway. BACKGROUND: In 1998, the City did assess the Southbridge Parkway utilities, street and landscaping project, which included the right-of-way purchase from Mn/DOT to construct this major street collector. For the Southbridge Parkway Improvement Project, a;total of 9.52 acres was needed to construct the improvements and the right-of-way acquisition costs of $147,216.52 was included in the assessments for this project. The price per acre was established on an appraisal done by the City previously, and accepted by Mn/DOT for the entire 50 acre parcel. Recently)Mn/DOT''s staff and City staff met to discuss the final purchase price of the 50 acre parcel. It was suggested that Mn/DOT would need to charge the City the per acre price, as contained in the previous approved appraisal, for the 25 acres of land estimated to be non park land. The other 25 acres that the City indicated would be park land in this area and Mn/DOT has indicated that there would be no cost to obtain this acquisition. Essentially, the purchase price for the entire 50 acres would be half the cost as originally appraised. Jon Albinson, of Valley Green Business Park, has indicated that the developers of Southbridge Parkway should have a reduced right-of-way acquisition costs since the purchase price per acre of the 50 acre price may be reduced. The question is should the purchase price be considered reduced in this area, or since the City has to pay full price for land in this area, that the price per acre that was included in the assessment calculations still remain the same. Staff would request Council direction in this matter before proceeding with a reassessment calculations for the Southbridge Parkway project, as previously suggested by Council in the 1999 assessment hearing. Essentially there are two options and are as follows: 1. Consider the right-of-way acquisition costs per acre for the Southbridge Improvement Project to be the price per acre Mn/DOT is considering the City must pay. 2. Consider the right-of-way acquisition costs for Southbridge Improvement Project to be the entire parcel price per acre, which is essentially 50% rate of the full purchase price. It should be noted that the City would be responsible for the entire assessment for Southbridge Parkway for the remaining acreage of the Mn/DOT parcel. ALTERNATIVES: 1. Provide staff direction on the cost of right-of-way per acre that should have been assessed for the Mn/DOT parcel in conjunction with the Southbridge Improvement Project. 2. Table for additional information. RECOMMENDATION: Previous assessment calculations for Southbridge Improvement Project has a price per acre of the entire parcel purchase price for the right-of-way acquisition costs. In the negotiation with Mn/DOT, the final purchase price will have that price per acre of the previous entire parcel, with the area that is considered non-park and the park land would be sold to the City at no cost. If staff uses the same methodology as previously, the entire parcel per acre purchase price would be used in determining the right-of-way acquisition costs. However, in this case, the final purchase 1Srice is based on so much land being purchased and so much land being dedicated to arrive at the final purchase price. The property acquired for Southbridge Parkway improvements is considered non park land by Mn/DOT and would need to be paid at the previous per acre purchase price of approximately$14,400.00 per acre. However, there also is an argument that the purchase price should be based on a per acre price of the entire parcel of approximately $7,200.00 per acre. Staff is looking for Council direction in this matter in order to proceed with Southbridge Parkway reassessments. ACTION REQUESTED: Provide staff with direction on the purchase price to be used for Mn/DOT right-of-way and the reassessment calculations for Southbridge Parkway Improvement Project. grtiaLe_ 6,5,1 Bruce Loney Public Works Director BL/pmp MN/DOT 1 .E. l ,. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill,City Administrator SUBJECT: MnDOT Parcel Purchase-Southbridge DATE: September 16, 1999 INTRODUCTION: The Council is asked to agree to an offer from the Minnesota Department of Transportation for the acquisition of a 50.24 acre parcel of"excess"property in the Southbridge Addition that has previously been identified for park property. BACKGROUND: Since 1998,the City has been negotiating with MnDOT for a parcel of land which remained from the US 169 right of way purchase. Originally,the 50.24 tract of land was offered to the City for$725,000,or approximately$14,431 per acre. However,the City was aware that MnDOT had,on occasion,provided some excess land to the host cities,if it was to be used for public purpose. A letter was addressed to Commissioner Elwin Tinldenberg,asking that the sale price be reconsidered,and the"public purpose"consideration be made for MnDOT to donate the property. On May 5, 1999,a letter was received from a MnDOT Division Engineer saying that the entire parcel would be provided at no cost,as long as it was for park use by the general public. Included in that would be a revisionary clause,stating that the property would be returned to the State if it was used for any purpose other than a park. The City did accept that,but did,in June,ask if a Fire Station site could also be considered a public purpose. In order for there to be no confusion,we asked that"right of way"also be specified for public purpose. MnDOT responded in a letter dated July 16, 1999 stating that the Fire Station use would not be within the general public purpose definition,and felt that it should be the responsibility of the City to provide that. CHANGE OF OFFER: • On August 26, 1999,Public Works Director Loney and I attended a meeting at MnDOT's Roseville office,where we were informed that the Division Engineer had erred in making the offer of May 5th. We were told that it was beyond the scope of what MnDOT could do, however,rather than completely rescind the understanding,they offered what they hope would be seen as a compromise: 1. The 50.24 acres would be divided into half,with 25.12 acres being given by MnDOT to the City as had been previously agreed to;i.e.at no cost,as long as it would be used for park purposes. If it ceased to be used for those purposes,the property would revert to the State. 2. The remaining 25.12 acres(including the 9.52 acres upon which Southbridge Parkway is constructed)would be purchased by the City at the previously appraised value of$14,431 per acre. That could be used for any purpose,including resale by the City. Also to be considered(and discussed elsewhere in a memo from Public Works Director Loney on this agenda)are the assessments on the 50.24 acre parcel,which amount to$368,441. ANALYSIS: Obviously,the entire 50.24 acres at no cost would be first preference of the City. However,that offer is no longer on the table. However,the revised proposal does offer some possibilities. The 25.12 acres at$14,431 would cost$362,482. If that amount is divided into what would be a remaining 15.6 acres of developable land(25.12 acres minus 9.52 acres of Southbridge Parkway right-of-way),it would mean a per acre acquisition cost of$23,236. Should the City choose to utilize part of that 15.6 acre as a site for Fire Station No.3,that per acre amount would be less than what an equivalent site might cost elsewhere in Shakopee with sewer and water. In addition,there is land adjacent to the east which is multi-family,and the 15.6 acres could be rezoned for that purpose. (However,we have had an inquiry from at least one individual in an adjacent residential subdivision who was told that the entire parcel was intended to be a park. While that information was accurate at the time of the call,a different land use will be contrary to what that person had been told.) Therefore,the City could fully recoup its acquisition cost through the sale of 15.6 acres,should it so choose to sell the property. ASSESSMENTS: As stated previously,there are$368,441 as assessments on the total property. When the 50.24 acres were anticipated to be obtained at no cost,the direction had been to apply the proceeds of the 8.8 acres which was sold to the school($264,000),towards assessments,rather than putting the proceeds into the park reserve fund. In order to be fair to the park reserve fund,since only half of the MnDOT property will be used as park,only half of the proceeds might be applied to the assessment,leaving$236,441 remaining as assessments on the remainder of the parcel. That would add$15,156 to the sales price of each of the 15.6 acres(if that is chosen by the Council to recoup the entire cost),for a total of$38,392 per acre. That is the"break even"on acquisition and assessments of the 50.24 acres. RECOMMENDATION: We recommend that the offer of MnDOT be accepted,to include purchase of the 25.12 acres at the appraised value of$14,431 per acre,for a total of$362,482,and receipt of the remainder at no cost for park purposes. Further,the Council should give direction as to whether it wishes to actively market the 15.6 acres now,or defer that decision to a future time and leave the assessments on the 15.6 acres. ACTION REQUIRED: If Council concurs,it should,by motion,accept the offer of Minnesota Department of Transportation for parcel 75 transfer as described. \AAQ Mark` nV� � MccNNeill,City Administrator i:\admin\mndot SHAKOPEE July 22, 1999 Richard A. Stehr,Division Engineer Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville,MN 55113 Dear Mr. Stehr: I am in receipt of your letter of July 16th regarding parcel 75(Scott County). The City understands your rationale for being unable to utilize that property for a fire station site. However,we are very pleased that you have been able to confirm the use of road right of way and parks as being of benefit to the general public,and therefore within MnDOT's transportation objectives. Thank you very much for your kind consideration of our request. We look forward to the completion of transfer documents so the City can take title to the property. Sincerely, Mark McNeill City Administrator MM:tw CC: Keith Slather,Right of Way Manager Mayor and City Council Mark McQuillan,Park&Rec , Park&Rec Advisory Board , COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota•55379-1351 • 612-445-3650 FAX 612-445-6718 J‘NNESO,, (liMinnesota Department of Transportation Metropolitan Division !OF TRP Waters Edge 1500 West County Road B2 Roseville, MN 55113 July 16, 1999 Mr.Mark McNeill Shakopee City Administrator 129 Holmes Street South Shakopee,Minnesota 55379-1351 Dear Mr.McNeill: Thank you for your response regarding our May 5th letter to Mayor Jon Brekke. We have discussed your request for parcel 75(Scott County)road right-of-way be listed as"public use"and the possibility of a satellite city fire station being located on a portion of this site. In our view of public purpose,road right of ways are legitimate uses as they benefit the general public and are within Mn/DOT's transportation objectives with the use of transportation dollars. Parks,which are available to the driving public,fall under this also. However,the fire station is not within the general public transportation benefit and is considered the responsibility of the city for the citizens within their jurisdiction.Properties used for roadway purposes will not incur a charge,but any use of the land for construction of a fire station will require appraisal and payment to Mn/DOT. I hope that this answers any question that you had concerning this land transaction to the city. If you have additional questions,please contact Keith Slater,Right of Way Manager,at 651-582-1300. Sincerely, -rot' Richard A. Stehr Division Engineer cc: Mark McQuillan,Shakopee Park&Recreation Board Mayor Jon Brekke,City of Shakopee Deb Amundson,Shakopee City Council Jane DuBois, Shakopee City Council Cletus Link,Shakopee City Council Robert Sweeney,Shakopee City Council An equal opportunity employer June 9, 1999 Richard A. Stehr,Division Engineer MnDOT-Metropolitan Division Waters Edge 1500 West C.R.B-2 Roseville,MN 55113 Dear Mr. Stehr: I am in receipt of your letter to Mayor Jon Brekke of May 5th,regarding the transfer of excess property labeled Parcel 75(Scott County). I very much wish to thank you and MnDOT for the review of this policy,which will provide for the transfer of the property which will be used for a city park at no cost. We understand the reversionary clause. The City asks for two additional considerations regarding the reversionary clause. It is understood that the property would be used for park,but may we also ask that road right- of-way be listed as a"public use". In addition,there is a possibility that a portion of this property might be the site of a satellite City fire station at some time in the future. I hope that you would agree that that would also qualify as a"public use". If these two uses could be added,we would be most appreciative. Please advise if there is anything further that the City needs to do on this;otherwise,we will await the preparation of the deed by MnDOT. On behalf of the City,I again thank you for your consideration of this. Sincerely, Mark McNeill City Administrator • MM:tw CC: Mark McQuillan City Council Keith Slater,Metro Division ROW Manager 4, Minnesota Department of Transportation aFirorP Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 May 5, 1999 Honorable Jon Brekke Mayor of Shakopee 129 Holmes Street South Shakopee,Minnesota 55379-1351 Dear Mayor Brekke: Commissioner Tinklenberg has asked me to respond to your letter dated March 22, 1999, regarding the city's request for the excess property labeled Parcel 75. After review of your request concerning Parcel 75,I have found that there was some confusion with our internal policy regarding the transfer of properties to other governmental agencies for public use. This policy has since been reworded and clarified internally. Your request for Parcel 75 will now proceed forward,at no cost for the property,as long as the use is for the general public. A reversionary clause will be placed in the deed that will limit the use to the public use requested(park). The clause will require the property to be returned to the State if the property is used for any other purpose than a park. I have directed the Right of Way Unit to proceed with this transfer as quickly as possible. If you have any questions regarding this transfer of further delays,please contact Keith Slater,Metro Division Right of Way Manager,at 651-582-1300. Sincerely, i 4 ha( iv ,- hard A. Stehr Division Engineer • An equal opportunity employer I p;t d /in,/ C�}� rtr n r ,,,, ,�' f.4-1, F , , A 'p Cr CD i.� ��� u '�F'L#Y',1,c-41",-,4"k`.i"� rr�j5 i I ir.-`, .,-'.•:.----- 5 w' F+IN C' \ U 11 1r Yj,}{$ y i/�. _ 1'i--j„,,:,-tSZ'[4 • �.t„4 O )%J J42j,c .rid 1--- •,,__ .{ out.,. C l r �(' rsj: :: - 4 r ... >r`/' .'' i ,.1., A , 111S11.44 lir S, ,t,'Pl.......-- . . I 1 1 i''''t''' ,''''4‘" ''' •Oip A MP,' 7 '"'".'fp 1.-..,,-, , , , '-'%--,4 , ou 1 00 . g�a i7,6,„.oL �. , §, ,,'�,k-dois--A ;st,i, I.gr,li, - I\ .1. ' 6, \--5-. 7, � . i0►arc col: 4 vi 4,t r � ■ ,�11: , , g'.tri C ila, / :, �, • SLY r sx,,.•.! �,I IS • II s 61.14:V_ &. 41**" ---L*1-111-''' 5.1.1 o f , :Pjl 0P14:0,44:4% . -17' ''''"-.,7-4,-,tat 4,'44, ty: ',`--- : A �. F: r�`� � I ' y ;-5".; i ..`' • 1,;'-r4.10\ , j•0\?c „ fir: s, /4.1'r .x T to YY fi m:; z 2 hlio boy g III S {7 C. al o A O. 'v CD o `D is. E, 1 . a. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Southbridge Parkway Reassessment and Right-of-Way Costs for the Mn/DOT Parcel DATE: September 21, 1999 INTRODUCTION: At the September 21, 1999 City Council meeting, the City Council will consider the revised purchase agreement for the 50 acres of Mn/DOT property in the Southbridge Addition area. If the Council is to consider the revised purchase agreement with Mn/DOT on this 50 acre parcel, the Council should discuss what the right-of-way costs per acre that should have been assessed to the developer of Southbridge Parkway. BACKGROUND: In 1998, the City did assess the Southbridge Parkway utilities, street and landscaping project, which included the right-of-way purchase from Mn/DOT to construct this major street collector. For the Southbridge Parkway Improvement Project, age to construct the:movements ria the tight-of-way acqu i ,-cot of $.147,216;52 was included in the assessments for this project. The price per acre was established on an appraisal done by the City previously, and accepted by Mn/DOT for the entire 50 acre parcel. Recently,Mn/DOT's staff and City staff met to discuss the final purchase price of the 50 acre parcel. It was suggested that Mn/DOT would need to charge the City the per acre price, as contained in the previous approved appraisal, for the 25 acres of land estimated to be non park land. The other 25 acres that the City indicated would be park land in this area and Mn/DOT has indicated that there would be no cost to obtain this acquisition. Essentially, the purchase price for the entire 50 acres would be half the cost as originally appraised. Jon Albinson, of Valley Green Business Park, has indicated that the developers of Southbridge Parkway should have a reduced right-of-way acquisition costs since the purchase price per acre of the 50 acre price may be reduced. The question is should the purchase price be considered reduced in this area, or since the City has to pay full price for land in this area, that the price per acre that was included in the assessment calculations still remain the same. Staff would request Council direction in this matter before proceeding with a reassessment calculations for the Southbridge Parkway project, as previously suggested by Council in the 1999 assessment hearing. Essentially there are two options and are as follows: 1. Consider the right-of-way acquisition costs per acre for the Southbridge Improvement Project to be the price per acre Mn/DOT is considering the City must pay. 2. Consider the right-of-way acquisition costs for Southbridge Improvement Project to be the entire parcel price per acre, which is essentially 50% rate of the full purchase price. It should be noted that the City would be responsible for the entire assessment for Southbridge Parkway for the remaining acreage of the Mn/DOT parcel. ALTERNATIVES: 1. Provide staff direction on the cost of right-of-way per acre that should have been assessed for the Mn/DOT parcel in conjunction with the Southbridge Improvement Project. 2. Table for additional information. RECOMMENDATION: Previous assessment calculations for Southbridge Improvement Project has a price per acre of the entire parcel purchase price for the right-of-way acquisition costs. In the negotiation with Mn/DOT, the final purchase price will have that price per acre of the previous entire parcel, with the area that is considered non-park and the park land would be sold to the City at no cost. If staff uses the same methodology as previously, the entire parcel per acre purchase price would be used in determining the right-of-way acquisition costs. However, in this case, the final purchase price is based on so much land being purchased and so much land being dedicated to arrive at the final purchase price. The property acquired for Southbridge Parkway improvements is considered non park land by Mn/DOT and would need to be paid at the previous per acre purchase price of approximately$14,400.00 per acre. However, there also is an argument that the purchase price should be based on a per acre price of the entire parcel of approximately $7,200.00 per acre. Staff is looking for Council direction in this matter in order to proceed with Southbridge Parkway reassessments. SE. 1 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill,City Administrator SUBJECT: MnDOT Parcel Purchase-Southbridge DATE: September 16, 1999 INTRODUCTION: The Council is asked to agree to an offer from the Minnesota Department of Transportation for the acquisition of a 50.24 acre parcel of"excess"property in the Southbridge Addition that has previously been identified for park property. BACKGROUND: Since 1998,the City has been negotiating with MnDOT for a parcel of land which remained from the US 169 right of way purchase. Originally,the 50.24 tract of land was offered to the City for$725,000,or approximately$14,431 per acre. However,the City was aware that MnDOT had,on occasion,provided some excess land to the host cities,if it was to be used for public purpose. A letter was addressed to Commissioner Elwin Tinklenberg,asking that the sale price be reconsidered,and the"public purpose"consideration be made for MnDOT to donate the property. On May 5, 1999,a letter was received from a MnDOT Division Engineer saying that the entire parcel would be provided at no cost,as long as it was for park use by the general public. Included in that would be a revisionary clause,stating that the property would be returned to the State if it was used for any purpose other than a park. The City did accept that,but did,in June,ask if a Fire Station site could also be considered a public purpose. In order for there to be no confusion,we asked that"right of way"also be specified for public purpose. MnDOT responded in a letter dated July 16, 1999 stating that the Fire Station use would not be within the general public purpose definition,and felt that it should be the responsibility of the City to provide that. CHANGE OF OFFER: On August 26, 1999,Public Works Director Loney and I attended a meeting at MnDOT's Roseville office,where we were informed that the Division Engineer had erred in making the offer of May 5th. We were told that it was beyond the scope of what MnDOT could do, however,rather than completely rescind the understanding,they offered what they hope would be seen as a compromise: 1. The 50.24 acres would be divided into half,with 25.12 acres being given by MnDOT to the City as had been previously agreed to;i.e.at no cost,as long as_ it would be used for park purposes. If it ceased to be used for those purposes,the property would revert to the State. 2. The remaining 25.12 acres(including the 9.52 acres upon which Southbridge Parkway is constructed)would be purchased by the City at the previously appraised value of$14,431 per acre. That could be used for any purpose,including resale by the City. Also to be considered(and discussed elsewhere in a memo from Public Works Director Loney on this agenda)are the assessments on the 50.24 acre parcel,which amount to$368,441. ANALYSIS: Obviously,the entire 50.24 acres at no cost would be first preference of the City. However,that offer is no longer on the table. However,the revised proposal does offer some possibilities. The 25.12 acres at$14,431 would cost$362,482. If that amount is divided into what would be a remaining 15.6 acres of developable land(25.12 acres minus 9.52 acres of Southbridge Parkway right-of-way),it would mean a per acre acquisition cost of$23,236. Should the City choose to utilize part of that 15.6 acre as a site for Fire Station No.3,that per acre amount would be less than what an equivalent site might cost elsewhere in Shakopee with sewer and water. In addition,there is land adjacent to the east which is multi-family,and the 15.6 acres could be rezoned for that purpose. (However,we have had an inquiry from at least one individual in an adjacent residential subdivision who was told that the entire parcel was intended to be a park. While that information was accurate at the time of the call,a different land use will be contrary to what that person had been told.) Therefore,the City could fully recoup its acquisition cost through the sale of 15.6 acres,should it so choose to sell the property. ASSESSMENTS: As stated previously,there are$368,441 as assessments on the total property. When the 50.24 acres were anticipated to be obtained at no cost,the direction had been to apply the proceeds of the 8.8 acres which was sold to the school($264,000),towards assessments,rather than putting the proceeds into the park reserve fund. In order to be fair to the park reserve fund,since only half of the MnDOT property will be used as park,only half of the proceeds might be applied to the assessment,leaving$236,441 remaining as assessments on the remainder of the parcel. That would add$15,156 to the sales price of each of the 15.6 acres(if that is chosen by the Council to recoup the entire cost),for a total of$38,392 per acre. That is the"break even"on acquisition and assessments of the 50.24 acres. RECOMMENDATION: We recommend that the offer of MnDOT be accepted,to include purchase of the 25.12 acres at the appraised value of$14,431 per acre,for a total of$362,482,and receipt of the remainder at no cost for park purposes. Further,the Council should give direction as to whether it wishes to actively market the 15.6 acres now,or defer that decision to a future time and leave the assessments on the 15.6 acres. ACTION REQUIRED: If Council concurs,it should,by motion,accept the offer of Minnesota Department of Transportation for parcel 75 transfer as described. Mark McNeill,City Administrator i:\admin\mndot SHAKOPEE July 22, 1999 Richard A. Stehr,Division Engineer Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville,MN 55113 Dear Mr. Stehr: I am in receipt of your letter of July 16th regarding parcel 75(Scott County). The City understands your rationale for being unable to utilize that property for a fire station site. However,we are very pleased that you have been able to confirm the use of road right of way and parks as being of benefit to the general public,and therefore within MnDOT's transportation objectives. Thank you very much for your kind consideration of our request. We look forward to the completion of transfer documents so the City can take title to the property. Sincerely, 1L J Mark McNeill City Administrator MM:tw CC: Keith Slather,Right of Way Manager Mayor and City Council Mark McQuillan,Park&Rec Park&Rec Advisory Board COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 • NESO,. o Minnesota Department of Transportation 111) ( / Metropolitan Division r OF TP'a Waters Edge 1500 West County Road B2 Roseville, MN 55113 July 16, 1999 Mr.Mark McNeill Shakopee City Administrator 129 Holmes Street South Shakopee,Minnesota 55379-1351 Dear Mr.McNeill: Thank you for your response regarding our May 5th letter to Mayor Jon Brekke. We have discussed your request for parcel 75(Scott County)road right-of-way be listed as"public use"and the possibility of a satellite city fire station being located on a portion of this site. In our view of public purpose,road right of ways are legitimate uses as they benefit the general public and are within Mn/DOT's transportation objectives with the use of transportation dollars. Parks,which are available to the driving public,fall under this also. However,the fire station is not within the general public transportation benefit and is considered the responsibility of the city for the citizens within their jurisdiction.Properties used for roadway purposes will not incur a charge,but any use of the land for construction of a fire station will require appraisal and payment to Mn/DOT. I hope that this answers any question that you had concerning this land transaction to the city. If you have additional questions,please contact Keith Slater,Right of Way Manager,at 651-582-1300. Sincerely, -R044)1 (C.24/47:Zb ro,r Richard A. Stehr Division Engineer cc: Mark McQuillan,Shakopee Park&Recreation Board Mayor Jon Brekke,City of Shakopee Deb Amundson,Shakopee City Council Jane DuBois, Shakopee City Council Cletus Link, Shakopee City Council Robert Sweeney, Shakopee City Council An equal opportunity employer . I June 9, 1999 Richard A. Stehr,Division Engineer MnDOT-Metropolitan Division Waters Edge 1500 West C.R.B-2 Roseville,MN 55113 Dear Mr. Stehr: I am in receipt of your letter to Mayor Jon Brekke of May 5th,regarding the transfer of excess property labeled Parcel 75(Scott County). I very much wish to thank you and MnDOT for the review of this policy,which will provide for the transfer of the property which will be used for a city park at no cost. We understand the reversionary clause. The City asks for two additional considerations regarding the reversionary clause. It is understood that the property would be used for park,but may we also ask that road right- of-way be listed as a"public use". In addition,there is a possibility that a portion of this property might be the site of a satellite City fire station at some time in the future. I hope that you would agree that that would also qualify as a"public use". If these two uses could be added,we would be most appreciative. Please advise if there is anything further that the City needs to do on this;otherwise,we will await the preparation of the deed by MnDOT. On behalf of the City,I again thank you for your consideration of this. Sincerely, Mark McNeill City Administrator MM:tw CC: Mark McQuillan City Council Keith Slater,Metro Division ROW Manager • , Nor. ° Minnesota Department of Transportation .g Metropolitan Division °' TR'' Waters Edge 1500 West County Road B2 Roseville, MN 55113 May 5, 1999 Honorable Jon Brekke Mayor of Shakopee 129 Holmes Street South Shakopee,Minnesota 55379-1351 Dear Mayor Brekke: Commissioner Tinklenberg has asked me to respond to your letter dated March 22, 1999, regarding the city's request for the excess property labeled Parcel 75. After review of your request concerning Parcel 75,I have found that there was some confusion with our internal policy regarding the transfer of properties to other governmental agencies for public use. This policy has since been reworded and clarified internally. Your request for Parcel 75 will now proceed forward,at no cost for the property,as long as the use is for the general public. A reversionary clause will be placed in the deed that will limit the use to the public use requested(park). The clause will require the property to be returned to the State if the property is used for any other purpose than a park. I have directed the Right of Way Unit to proceed with this transfer as quickly as possible. If you have any questions regarding this transfer of further delays,please contact Keith Slater,Metro Division Right of Way Manager, at 651-582-1300. Sincerely, kid _01 • hard A. Stehr Division Engineer An equal opportunity employer / F,, ,'• + _x te, 1,) 1 i" cz 1r'.y3 ?d�"' 1trf\N Y.+ TY F f i ,x,s� c +`. C . 1 � N. ' 'A ,p 7. ''' ' ' r q I"la."-it i -----r s,, . ,:.1.._. a _ /x'•.54,1:t4t,li i?,"';jr j Ai,'ow' ' t • 1.-,-.•• 2..1_1 + /r 5.,.1'.,9 -- i T tLLT •'-i.;‘,.'1'7,"iti e� — ,,,,:' i , itp ,_ 7:_, 1.4:______ __ ____sz. :, 3 S$ w 19*0 ,S I----,,,.. ''- k! 1 d Ia a` s ,, , , ,-- _. -,-,;,----„‹.:'::_ „,.. ---„ ip •' . 026 a kms \� 0,, ,,,,, ",, , : / A,.../ < \\,,4.aw ...,e _ 4 :,..,.... ir, .,- /. ,,,,,,„...,-,,,,,...t1/4 \# , -,:, ,,,a,'",/r..es. ,.. ,-.-‘7,s,r4 h cr A SS' { ' tip , tea liTi. iiT;on• -cc_.41P 1.11.1.1-, ,,.-1/ li '44, fig V „40",t, , -1 c2 cr 44 A.kirpri: ii.,1111,„ i-i.:'' ''',-i-" , I i tt* 411. i O .9.: = NM tri'" E y' W ; v / nI ,_,,L' # .91,4p,$i 4 1 c -1 0.3 1 �� �, -. p*P4‘ -.4A,:' 4t: i $4? IJ,'b i 1 , TisS 1111 a-2 t..:16: o it =5 g $ C C4 l'i o cab � 4. a CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Space Needs Analysis Amendment/Contract DATE: November 9, 1999 INTRODUCTION: The Council is asked to approve two issues related to the City facilities space needs study, as initially approved at the City Council meeting of November 3rd, and a contract for services with JEA Architects. BACKGROUND: At the November 3rd meeting,the Council authorized the use of JEA Architects to do a space needs analysis of Shakopee Public Library, City Hall,Public Works, and Police buildings. In addition, authorization was given to do an analysis of the Shakopee Public Utilities building. At that meeting,two further directions were given: 1. Perform a feasibility analysis of reuse of the existing Downtown Fire Station. This is anticipated to take place within the next few years, assuming approval of, and construction of a smaller,replacement station south of Lions Park. In speaking with JEA,they indicate that they would bill us on an hourly basis, and that the number of dollars needed would be equivalent to the amount of work to analysis the SPUC building. The SPUC analysis was anticipated to cost$2,950 for architectural, and $1,200 for engineering, for a total of$4,150. In terms of timing,this would be a lesser priority(meaning that this would not be done until the later stages of the study,probably February or March). 2. A library study committee will be formed. Previously, I have indicated a desire by some downtown parties to discuss with the new Council after January 1 issues relating to downtown redevelopment and stabilization. An important issue for this is the library. As such,the library is planned to be the first item studied, so that an analysis of that building could be completed shortly after January 1st. That will continue; however, I understand the mission of the library study committee (to be Chaired by Councilor DuBois), is to also examine other site possibilities. If the Committee determines that a new site away from the existing location is preferable, any analysis done of the existing building may be wasted. If the Council wants the analysis of the existing library building to be put"on hold"until after the committee has had an opportunity to study all aspects of the library, it should so indicate. Otherwise,we will direct the architect to proceed with the library building analysis as a top priority. CONTRACT: An AIA 727 contract has been drafted by JEA, and is proposed to formalize the arrangements between the firm and the City. This is currently being reviewed by the City Attorney; if there are any comments,those will be provided at the November 16th meeting. RECOMMENDATION: I recommend that the Council approve the anticipated added budget for the downtown fire station analysis, and direct that the building analysis for library continue,unless there is a desire to delay that. ACTION REQUIRED: If the Council concurs, it should,by motion, do the following: 1. Amend the authorized scope of services with JEA Architects to include analysis of the downtown fire station building, and further direct that the analysis of the existing library building proceed on the previously directed schedule (unless otherwise desired). 2. Direct the appropriate City officials to execute the contract document for services with JEA Architects. MO- & Mark McNeill City Administrator T H E AMERICAN INSTITUTE O F ARCHITECTS 014 AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the twenty-sixth day of October in the year of Nineteen Hundred and Ninety-Nine BETWEEN the Owner: City of Shakopee (Name and address) 129 Holmes Street South Shakopee, MN 55379 and the Architect: Jack Edward Anderson Architects, Inc. dba JEA Architects (Name and address) 33 Tenth Avenue South, Suite 250 Hopkins, MN 55343 For the following Project: (Include detailed description of Project, location, address and scope.) Shakopee City Facilities Study Shakopee, Minnesota For further Scope of Project, refer to Attachment A. The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B727•OWNER-ARCHITECT AGREEMENT• 1988 EDITION•AIA® • ©1988•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006 B727-1988 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement.Note under each service listed the method and means of compensation to be used, if applicable as provided in Article 8.) AIA DOCUMENT B727•OWNER-ARCHITECT AGREEMENT• 1988 EDITION•AIA0 • ©1988•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B727-1988 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 matter in question not described in the written consent or with a person or entity not named or described therein.The OWNER'S RESPONSIBILITIES foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to 2.1 The Owner shall provide full information regarding by the parties to this Agreement shall be specifically enforce- requirements for the Project. The Owner shall furnish able in accordance with applicable law in any court having required information as expeditiously as necessary for the jurisdiction thereof. orderly progress of the Work,and the Architect shall be enti 4.4 The award rendered by the arbitrator or arbitrators shall tied to rely on the accuracy and completeness thereof. be final,and judgment may be entered upon it in accordance 2.2 The Owner shall designate a representative authorized with applicable law in any court having jurisdiction thereof. to act on the Owner's behalf with respect to the Project.The Owner or such authorized representative shall render deci- ARTICLE 5 sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the TERMINATION OR SUSPENSION orderly and sequential progress of the Architect's services. 5.1 This Agreement may be terminated by either party upon ARTICLE 3 not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of USE OF ARCHITECT'S DOCUMENTS this Agreement through no fault of the party initiating the termination. 3.1 The documents prepared by the Architect for this Proj- ect are instruments of the Architect's service for use solely 5.2 If the Owner fails to make payment when due the Archi- with respect to this Project and, unless otherwise provided, tect for services and expenses,the Architect may,upon seven the Architect shall be deemed the author of these documents days' written notice to the Owner, suspend performance of and shall retain all common law,statutory and other reserved services under this Agreement. Unless payment in full is rights, including the copyright. The Owner shall be permit- received by the Architect within seven days of the date of the ted to retain copies, including reproducible copies, of the notice,the suspension shall take effect without further notice. Architect's documents for the Owner's information,reference In the event of a suspension of services, the Architect shall and use in connection with the Project.The Architect's docu- have no liability to the Owner for delay or damage caused ments shall not be used by the Owner or others on other proj- the Owner because of such suspension of services. ects, for additions to this Project or for completion of this 5.3 In the event of termination not the fault of the Architect, Project by others, unless the Architect is adjudged to be in the Architect shall be compensated for services performed default under this Agreement,except by agreement in writing prior to termination, together with Reimbursable Expenses and with appropriate compensation to the Architect. then due and all Termination Expenses as defined in Paragraph 5.4. ARTICLE 4 5.4 Termination Expenses shall be computed as a percentage ARBITRATION of the compensation earned to the time of termination, as follows: 4.1 Claims,disputes or other matters in question between the .1 For services provided on the basis of a multiple of parties to this Agreement arising out of or relating to this Direct Personnel Expense, 20 percent of the total Agreement or breach thereof shall be subject to and decided Direct Personnel Expense incurred to the time of ter- by arbitration in accordance with the Construction Industry mination; and Arbitration Rules of the American Arbitration Association cur- .2 For services provided on the basis of a stipulated sum, rently in effect unless the parties mutually agree otherwise. 10 percent of the stipulated sum earned to the time 4.2 A demand for arbitration shall be made within a reason- of termination. able time after the claim,dispute or other matter in question has arisen. In no event shall the demand for arbitration be ARTICLE 6 made after the date when institution of legal or equitable pro- ceedings based on such claim,dispute or other matter in ques- MISCELLANEOUS PROVISIONS tion would be barred by the applicable statutes of limitations. 6.1 Unless otherwise provided,this Agreement shall be gov- 4.3 No arbitration arising out of or relating to this Agreement erned by the law of the principal place of business of the shall include,by consolidation,joinder or in any other man- Architect. ner,an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- 6.2 Causes of action between the parties to this Agreement ence to this Agreement signed by the Owner, Architect and pertaining to acts or failures to act shall be deemed to have any other person or entity sought to be joined. Consent to accrued and the applicable statute of limitations shall com- arbitration involving an additional person or entity shall not mence to run not later than the date payment is due the Archi- constitute consent to arbitration of any claim,dispute or other tect pursuant to Paragraph 8.4. AIA DOCUMENT B727•OWNER-ARCHITECT AGREEMENT• 1988 EDITION•AIA® • ©1988•THE 6727- 988 3 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,DC.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 6.3 The Owner and Architect,respectively,bind themselves, tect and Architect's employees and consultants in the interest their partners,successors,assigns and legal representatives to of the Project for: the other party to this Agreement and to the partners, suc- .1 expertse-oftrxnspertatiorrand-livingexpeeses'in-ecnr - j1/4. cessors,assigns and legal representatives of such other party [;eche i ithrent-e€-tewa-traveratireel-ily c with respect to all covenants of this Agreement. Neither Ownef, Refer to Article 9.1. Owner nor Architect shall assign this Agreement without the .2 long-distance communications; written consent of the other. .3 fees paid for securing approval of authorities hav- 6A This Agreement represents the entire and integrated agree- ing jurisdiction over the Project; ment between the Owner and Architect and supersedes all .4 reproductions; prior negotiations,representations or agreements,either writ- .5 postage and handling of documents; ten or oral. This Agreement may be amended only by writ- .6 expense of overtime work requiring higher than ten instrument signed by both Owner and Architect. regular rates, if authorized by the Owner; 6.5 Nothing contained in this Agreement shall create a con- .7 renderings and models requested by the Owner; tractual relationship with or a cause of action in favor of a .8 expense of additional coverage or limits, including third party against either the Owner or Architect. professional liability insurance, requested by the 6.6 Unless otherwise provided in this Agreement,the Archi- Owner in excess of that normally carried by the tect and Architect's consultants shall have no responsibility Architect and the Architect's consultants; and for the discovery,presence,handling,removal or disposal of .9 Expense of computer-aided design and drafting or exposure of persons to hazardous materials in any form equipment time when used in connection with the at the Project site, including but not limited to asbestos, Project. asbestos products, polychlorinated biphenyl(PCB)or other toxic substances. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- 7.1 DIRECT PERSONNEL EXPENSE tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.1.1 Direct Personnel Expense is defined as the direct salaries 7.3.2 An initial payment as set forth in Paragraph 8.1 is the of the Architect's personnel engaged on the Project and the minimum paymentunder this Agreement. portion of the cost of their mandatory and customary con- tributions and benefits related thereto,such as employment taxes and other statutory employee benefits, insurance, sick 7.4 ARCHITECT'S ACCOUNTING RECORDS leave,holidays,vacations,pensions,and similar contributions Sfrs and benefits. 7.4.1 Records of Reimbursable Expenses and expenses per- 7.2 REIMBURSABLE EXPENSES Refer to mining to services performed on the basis of a multiple of Attachment F. Direct Personnel Expense shall be available to the Owner or 7.2.1 Reimbursable Expenses are in addition to the Architect's the Owner's authorized representative at mutually convenient compensation and include expenses incurred by the Archi- times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF Dollars($ )shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (Insert basis of compensation,including stipulated sums,multiples or percentages,and identify the services to which particular methods of compensation apply, if necessary) Hourly not to exceed $27,750.00, as per Attachments C, E and F. AIA DOCUMENT B727•OWNER-ARCHITECT AGREEMENT• 1988 EDITION•AIA® • ©1988•THE 4 B727-1988 AMERICAN INSTITUTE OF ARCHITECTS,1'35 NEW YORK AVENUE,NW.WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • one and twelve one hundredths 8.3 FOR REIMBURSABLE EXPENSE , as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses, a multiple of ( 1 .12 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable thirty ( 30 )days from the date of the Architect's invoice.Amounts unpaid forty—five ( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Twelve percent (12%) per annum (Usury laws and requirements under the Federal 7)-uth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.) 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS 9.1 7.2.1.1 shall read as follows: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications. 9.2 Refer to Attachment B for Optional Additional Items and Attachments D and E for the Fee Proposal and Additional Notes on the Optional Additional Items. These are specifically not included in this Project's Scope of Services, but could be added as Additional Services. This Agreement entered into as of the day and year first written above. OWNER CITY OF SHAKOPEE ARCHITECT J rAl IT At d fr > (Signature) (Sign, • Jack Edward Anderson, AIA, CID, President (Printed name and title) (Printed name and title) AIACAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B727•OWNER-ARCHITECT AGREEMENT• 1988 EDITION•AIA® •©1988•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B727-1988 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ATTACHMENT A A ARCHITECTS JE HIGHLIGHTED SCOPE OF SERVICES - SHAKOPEE CITY FACILITY STUDY The project team will work carefully with the City Staff to establish specific project requirements,of which key items are highlighted below. I. SPACE ANALYSIS STUDY A. CITY HALL • Space needs study for Administration, Engineering, Finance, Community Development and Miscellaneous Areas (i.e. Council Chambers) • Existing building Architectural review and code verification • Kick-Off meeting, meetings with staff and presentation • Summary Report • Square footage estimate of future possible addition to City Hall B. LIBRARY • Architectural and Engineering site/building review • Code verification • Report of existing building • Meeting with staff • Space analysis study • Building site analysis for possible building expansion • Summary report • Square footage cost estimate with comparison of existing similar facilities C. PUBLIC WORKS • Architectural and Engineering site/building review • Code verification • Architectural and Engineering report of existing building • Meeting with staff • Space analysis study • Summary report • Square footage cost estimate of possible future addition D. POLICE • Architectural and Engineering site/building review • Code verification • Architectural and Engineering report of existing space • Meeting with staff • Security Consultant review of needs • Space analysis study • Summary report • Square footage cost estimate of possible future facility E. SHAKOPEE PUBLIC UTILITIES COMMISSION BUILDING • Architectural and Engineering review of existing site/building • Code verification • Summary report ATTACHMENT B JE A ARCHITECTS IL OPTIONAL ADDITIONAL ITEMS A. LIBRARY Optional site location • Review optional site location for Library • Provide site-massing drawing B. SHAKOPEE PUBLIC UTILITIES COMMISSION BUILDING Dimensioned Floor Plan • Site measurements of existing building and layout • Provide computer(CAD)drawing of existing floor plan C. PUBLIC UTILITIES/POLICE BUILDING CAD Floor Plan Drawing • Create a computer(CAD)drawing of the existing floor plan • Site measurements of second floor Police area D. PUBLIC UTILITIES/POLICE BUILDING Site Expansion Study • Review existing site for building expansion • Provide site-massing drawing showing possible expansion ATTACHMENT C JEA ARCHITECTS PRELIMINARY FEE PROPOSAL SHAKOPEE - CITY FACILITIES STUDY JEA Project No. 1061A October 29, 1999 I. Space Analysis Study A. City Hall Architectural $ 6,600.00 Engineering 200.00 Total $ 6,800.00 B. Library Architectural $ 5,400.00 Engineering 900.00 Total $ 6,300.00 C. Public Works Architectural $ 4,800.00 Engineering 800.00 Total $ 5,600.00 D. Police Architectural $ 3,725.00 Engineering 500.00 Security Consultant 675.00 Total $ 4,900.00 E. Shakopee Public Utilities Commission Bldg. Architectural $ 2,950.00 Engineering 1,200.00 Total $ 4,150.00 TOTAL (Space Analysis Study) $ 27,750.00 ATTACHMENT D JE A ARCHITECTS II. Optional Additional Items A. Library Optional Site Location Architectural $ 2,600.00 Engineering 300.00 Total $ 2,900.00 B. Shakopee Public Utilities Commission Building Dimensioned floor plan Architectural $ 2,800.00 Total $ 2,800.00 C. Public Utilities/Police Building CAD Floor Plan Drawing Architectural $ 3,700.00 Total $ 3,700.00 D. Public Utilities/Police Building Site Expansion Study Architectural $ 2,500.00 Total $ 2,500.00 ATTACHMENT E JE A ARCHITECTS III. Additional Notes A. Additional costs include additional service reimbursables (mileage, prints, photocopies, etc.) B. Additional Services would be provided on an hourly basis, at the rates attached. C. Testing of existing materials (such as hazardous, structural or existing roof materials), if required,will be provided by the City. D. Site surveys will be provided by the City. E. JEA Architects will enter into the AIA agreement with the City appropriate for the project. F. Hourly Rates schedule is attached. ATTACHMENT F �EA ARCHITECTS HOURLY RATES AND REIMBURSABLES ARCHITECTURAL Principal/Project Manager $100 Project Architect $85 Senior Technician $65 Technician $45 Clerical $35 SECURITY PLANNING CONSULTANT Principal $135 STRUCTURAL ENGINEER Project Manager $105 Project Engineer $85 Designer $65 Drafter $45 MECHANICAL/ELECTRICAL ENGINEER Project Manager $95 Project Engineer $80 Designer $65 Drafter $55 Reimbursables required will be billed as follows: a. Reproduction ($1.00 per 24 x 36 sheet and$0.25 per 8 1/2 x 11 copy) b. Messenger/delivery (1.12 x cost) c. Travel ($0.35 per mile) d. Faxes ($1.00 each) e. Long distance telephone calls(1.12 x cost) f. Photography(1.12 x cost) g. Art materials (presentation boards etc.)(1.12 x cost) T H E AMERICAN INSTITUTE O F ARCHITECTS - J: aztral kr-PA&4"\A-' ROjetop NEVA) . . , AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the twenty-sixth day of October in the year of Nineteen Hundred and Ninety-Nine BETWEEN the Owner: City of Shakopee (Name and address) 129 Holmes Street South Shakopee, MN 55379 and the Architect: Jack Edward Anderson Architects, Inc. dba JEA Architects (Name and address) 33 Tenth Avenue South, Suite 250 Hopkins, MN 55343 For the following Project: (Include detailed description of Project, location, address and scope.) Shakopee City Facilities Study Shakopee, Minnesota For further Scope of Project, refer to Attachment A. The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B727•OWNER-ARCHITECT AGREEMENT• 1988 EDITION•AIA® •©1988•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B727-1988 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. CITY OF SHAKOPEE /57 E. 6 , Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 2000 Non-Contract Salary/Insurance Benefit Adjustment DATE: November 9, 1999 INTRODUCTION: The Council is asked to approve salary and insurance benefit adjustments for elected officials, department heads and non-union employees for the City. It will also need to make a comparable worth adjustment for one employee, and consider employee usage of the Community Center. BACKGROUND: The Council is asked to consider several changes for non-contract employees for the upcoming year. As the first payroll in 2000 actually begins December 20th(to be paid January 6, 2000), the Council is asked to give direction now. 1. Cost of Living Adjustment (COLA): The 2000 budget provided for a 3% increase for all full time and regular part time non-contract employees, which would be added to the existing pay plan. Any adjustments for part-time (less than 25 hours per week) or seasonal employees will be presented at a later time. 2. Mayor/Council Salaries - In December, 1997,the then Mayor and Council approved increases in pay,which would be for the Council that takes office January 1, 2000. The increases that were approved at that time were to go from$510 per month to $549 per month for the Mayor, and from $425,to $458 per month for Councilmembers. This will be the first increase since 1990 for elected officials in Shakopee. The increase amounts to about 7.7%; an additional 2.5% is slated for next year. 3. Insurance - A) At the last two Council meetings,the Council discussed City employee health insurance contributions for the upcoming year. This followed notice of a 31.1% increase in premiums for 2000. By placing a$100 cap on the amount of money paid to those taking single health coverage, (vs. the 1999 amount of$207) and applying that to 2 party and dependent, it reduces the amount of the increase for dependent coverage, resulting 99PAY.DOC in monthly premium increases of 49% or$74 over 1999 rates. (Under this option, the City will be contributing 68%, the employee 32%). B) Regarding usage,the existing plan has very low deductibles and out of pocket. One way to start to adjust for this is to encourage employees to use a modified HMO plan, which does provide better negotiated cost containment with providers, in exchange for the employees using a network for their primary health care. Instead of deductibles,there are co-pays. For this year, however, the modified HMO plan is $55 per month higher than the existing plan's premiums for dependent coverage, and $19 per month for single coverage. In order to encourage employees to give this option a try. the City should equalize the payments between the plan. A portion of the cost of equalizing the additional premium ($8,000) would be made up through the redirected monies from the $100 cap; an additional $6,000 would need to be made up through the General Fund next year. C) One other way to reduce usage of health insurance is to encourage a wellness concept amongst employees. While this is a comprehensive program that will need implementation, initially, the City should consider authorizing single employee membership at the Shakopee Community Center, with no charge to the employee. This should encourage exercise, as part of a comprehensive healthy life style. D) The existing Personnel Policy conflicts with past practice in terms of allowing employees to opt out of health coverage entirely. This also contributes to under funding of the insurance pool. Our recommendation is to amend the Personnel Plan, so that all employees are required to take at least single coverage. The three employees who have been allowed to "opt out" in the past would be grandfathered, but no additional "opt outs"would be allowed. Note that employees who have opted out entirely have received no greater "cash back" than those taking single coverage. 4. Market Adjustments - In order to keep employees salaries between the Council-directed goal of between 95%and 105% of the Stanton Group Six average maximum (based on cities of between 10,000 and 25,000 population), in the past market adjustments have been done separate from cost of living adjustments. In 1998, many employees were affected. After making the 1999 market adjustments, it appears that only the pay grade for the Park and Recreation Director needs to be amended at this time - in this case,the maximum salary paid by the City under the current plan is more than 5%below the Group Six average maximum. As this is the second year the Park and Recreation Director classification requires a market adjustment, it is recommended to move the classification to the next grade which then meets the 5% adjustment necessary. This permanent solution will increase (1) the pay grade from L to M; to be consistent with previous comparable worth adjustments, the incumbent Park and Recreation Director's salary 99PAY.DOC would go from Step 3 of Grade L ($52,073) to Step 2 of Grade M. the next closer(and higher) step. This would result in a salary of$55,193, or an additional 3% above the COLA. BUDGET IMPACT: The 2000 budget provides for the adjustments as described, with the exception of$6,000 that will be needed additional to equalize insurance premiums between the existing plan, and modified HMO plan. RECOMMENDATIONS: 1. Passage of a single resolution incorporating pay adjustments for department heads and non-union employees, and adjusting the pay range for the Park and Recreation Director from range L to range M should be adopted. The resolution references that the City contribution for the year 2000 health insurance shall be $473.60 per month for employees selecting two party or family coverage, and that employees selecting individual coverage shall be equal to the cost of single premium, plus $100 per month which can be used for eligible pre-tax benefits or taxable cash. Finally, the City will equalize the employee cost for health insurance premiums between the existing fee for service plan, and an optional HMO plan by providing additional monthly contribution. 2. The City continue to provide life and long-term disability insurance for eligible employees. 3. Each full time City of Shakopee employee be authorized a single membership in the Shakopee Community Center at no charge, while they are employed by the City of Shakopee. 4. Section IV.B. of the Personnel Policy be amended to eliminate the option of"no coverage" for employee health insurance. ACTION REQUIRED: If the Council concurs, it should, by motion, do the following: 1. Authorize full time Shakopee employees single membership in the Shakopee Community Center at no charge. 2. Adopt the following resolutions: RESOLUTION NO. 5278 A RESOLUTION ADOPTING THE 2000 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE and 99PAY.DOC RESOLUTION NO. 5267 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING RESOLUTION NO. 4213, ADOPTING A PERSONNEL HANDBOOK ll�t SL�UUP Mark McNeill City Administrator MM:tw 99PAY.DOC RESOLUTION NO. 5278 A RESOLUTION ADOPTING THE 2000 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 2000, payable to the duly elected officials and appointed non- union employees of the City of Shakopee, in accordance with the attached 2000 Pay Schedules, with an effective date of January 1, 2000. BE IT FURTHER RESOLVED, that the City contribution for the year 2000 towards health insurance shall be $473.60 per month for employees selecting 2-party or family coverage. The City contribution for the year 2000 for employees selecting individual coverage shall be equal to the cost of the single premium plus $100 per month to be used for eligible pre-tax benefits or taxable cash. Further, for the year 2000, the City will provide an additional monthly contribution to equalize the employee cost for health insurance premiums between the existing fee for service and an optional HMO plan. In addition, the City shall provide life and long-term disability insurance for eligible employees. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution are hereby repealed and terminated effective January 1, 2000. Adopted in session of the City of Shakopee. Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk 99PAY.DOC CITY OF SHAKOPEE 2000 Pay Plan EFFECTIVE 1/1/00 1999 Step Step Step Step Step Step Step Market Step Title Grade 1 2 3 4 5 6 7 8 Adjust 8 City Administrator Q $69,069 $71,535 $74,002 $76,468 $78,935 $81,401 $83,868 $86,335 $83,820 Unused P $64,878 $67,195 $69,511 $71,828 $74,145 $76,462 $78,779 $81,096 $78,734 Police Chief 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856 $73,647 PW Dir/Eng. 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856 $73,647 Com.Dev.Dir. N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234 $69,159 Finance Director N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234 $69,159 Park&Rec.Dir. M $53,290 $55,193 $57,096 $58,999 $60,902 $62,805 $64,708 $66,611 $64,671 City Engineer L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 $60,751 Deputy Chief L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 $ 64,301 $60,751 Assistant City Eng K $46,829 $48,502 $50,174 $51,846 $53,519 $55,191 $56,864 $58,536 $56,831 Assistant Finance Director J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962 $53,361 EDA Coordinator J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962 $53,361 Building Official I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 PW Supervisor I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 Project Coordinator I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 Accountant III I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 Planner Il I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 Facility Mgr I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 City Clerk I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 $49,890 Bldg Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 $46,838 Fire Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 $46,838 Eng Tech IV H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 $46,838 Recreation Supervisor II H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 $46,838 Payroll Benefits Coord G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 $43,786 PlannerI G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 $43,786 Eng Tech III G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 $43,786 Administrative Assistant F $33,837 $35,046 $36,254 $37,462 $38,671 $39,879 $41,088 $42,296 $41,064 Executive Secretary E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 $38,341 Recreation Supervisor I E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 $38,341 Eng Tech II E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 $38,341 Planning Tech D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 $36,007 Secretary D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 $36,007 Accounting Clerk C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 $33,673 Police Records Tech C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 $33,673 Clerk Typist II C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 $33,673 Office Service Wkr B $26,021 $26,951 $27,880 $28,809 $29,739 $30,668 $31,597 $32,526 $31,579 Community Sery Officer A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 $29,484 Customer Sery Rep A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 $29,484 Facility Maint Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 $29,484 Bldg Maintenance Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 $29,484 Receptionist AA $22,481 $23,283 $24,086 $24,889 $25,692 $26,495 $27,298 $28,100 $27,282 11/10/99 2000 PAY SCHEDULE JANUARY 1, 2000 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6,588.00/year 1 Councilpersons $5,496.00/year 4 NON-UNION EMPLOYEES Fire Chief $3,000.00/year 1 Ass't. Fire Chief(1st) $1,500.00/year 1 Ass't. Chief(2nd) $1,300.00/year 1 Fire Department Engineer $2,400.00/year 1 2nd Engineer $2,000.00/year 1 3rd Engineer $1.000.00/year 1 4th Engineer $1,000.00/year 1 1st Captain $2,000.00/year 1 2nd Captain $ 740.00/year 1 3rd Captain $ 740.00/year 1 4th Captain $ 740.00/year 1 Firepersons $ 8.00/hour 47 99PAY.DOC 2000 PAY PLAN NOTES 1. There will be no change in the Fire Department salaries for 2000. 2. The Deputy Police Chief shall receive a uniform allowance consistent with the 2000 Sergeant's Contract Allowance. 3. The Public Works Supervisor shall receive the same uniform allowance provisions as the Public Works Employees consistent with the previous years pay plan. 4. Employees not at their top step will receive a step increase at the time of their anniversary date. 99PAY.DOC RESOLUTION NO. 5267 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING RESOLUTION NO. 4213 ,ADOPTING A PERSONNEL HANDBOOK WHEREAS, on May 2, 1995,the City Council adopted Resolution No. 4213, adopting a new Personnel Handbook for the Employees of the City; and WHEREAS, changes in healthcare trends and benefits have an impact on employee benefits, it is necessary to amend section IV BENEFITS of the Personnel Handbook to accurately reflect current practices. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That Resolution No. 4213, Adopting a Personnel Handbook, is hereby amended as follows: IV BENEFITS B. Insurance. Long term disability insurance is provided to all employees. Life insurance is provided to all employees after thirty(30)days of continuous service. Major medical and hospitalization insurance are offered-provided to all qualified regular employees after thirty(30)days of continuous service. An employee is required to carry individual coverage,however an employee may select individual, two-party,or family coverage. The City shall make a specified contribution per month toward the cost of the coverage, and this contribution may differ depending on the type of coverage selected. The difference between the actual cost of the selected coverage and the City's contribution shall be deducted from the employee's paycheck. Per-these For those employees selecting individual coverage, the amount of any employer contribution over the cost of medical insurance may be used for qualified insurance premiums,eligible flex spending expenses or taken as taxable compensation subject to a maximum set by the employer annually. The City may choose to segregate retired employees from other employees for pooling purposes in determining the premium for insurance as allowed by state law. Note: The strislren language is deleted;the underlined language is inserted. Passed in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee Attest: City Clerk i /3. 6, 7, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: SPUC Easement/OPUS DATE: November 10, 1999 INTRODUCTION: The Council is asked to approve a utility easement document between the City (on behalf of SPUC), and OIRE(the OPUS Corporation). BACKGROUND: OPUS is in the process of developing a building at the intersection of Valley Park Drive and Valley Industrial Blvd. South,in the Valley Green industrial area. So that that building can be served,two separate easements need to be provided- One 12' wide along the streets, and a second one at the northwest corner of the building from Valley Industrial Blvd. South, into the building. OPUS is providing this to SPUC at no cost. An easement agreement has been prepared and reviewed by Corrine Thomson of the City Attorney's office. A copy is attached. RECOMMENDATION: I recommend that the agreement for a utility easement be approved. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize execution of a Grant of Utility Easement document by the City of Shakopee, on behalf of SPUC, and ORIE, for the purpose of providing underground electric distribution lines across the property, located at Valley Park Drive and Valley Industrial Blvd. South. VIAR.11AW LW Mark McNeill City Administrator SHAKOPEE PUBLIC UTILITIES COMMISSION MEMORANDUM TO: Mark McNeil,City of Shakopee Administrator FROM: Joseph D. Adams,Administrative Assistant RE: SHAKOPEE DISTRIBUTION CENTER DATE: 11/10/99 ia/l Enclosed is a Grant of Utility Easement document that was prepared on our behalf by "OTE",or OPUS Corp., granting the City an easement for underground electric distribution lines across their property at Valley Park Drive and Valley Industrial Boulevard South. The document has been reviewed by Ms. Corrine Thompson of Kennedy& Graven and approved for use for this purpose. The property owner is granting this easement at no cost to us and requests that the City take action to accept the easement so that it can be recorded as soon as possible. Please include this item on the Council's meeting agenda on November 16th. Please call me with any questions or concerns. Thank you. Nov 10 1999 09:44 FR TO 214283144457767 P.02/08 GRANT OF UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT(the"Grant ofEasement")is entered into effective as of the day of , 1999,by and between OIRE MINNESOTA, L.L.C., a Delaware limited liability company ("OIRE") and CITY OF SHAKOPEE, a municipal corporation and it Utility Commission(collectively,the"City"). RECITALS A. OIRE is the fee owner of a parcel of real estate in Scott County,Minnesota, legally described on Exhibit A attached hereto and made a part hereof(the"Property"). B. The City desires to obtain two easements for electric utility purposes over certain portions of the Property more particularly described on Exhibit B("Easement 1")and Exhibit C ("Easement 2") attached hereto and made a part hereof(hereinafter,Easement 1 and Easement 2 shall be collectively referred to as the "Easements" or the "Easement Areas"), and OIRE has agreed to grant the Easements on the terms and conditions set forth herein. AGREEMENTS NOW, THEREFORE, in consideration of the above premises, and for One Dollar ($1.00) and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: 1. Grant of Easement. OIRE hereby grants the City a non-exclusive,perpetual easement over, under and across the Easement Areas to place, construct, operate, repair, maintain,relocate and replace thereon and in or upon all streets,roads or highways abutting said Property an electric distribution line or system, and to cut and trim trees and shrubbery to the extent necessary to keep them clear of said electric line or system and to cut down from time to time all dead,weak,leaning or dangerous trees that are tall enough to strike the 1071775.1 NOV 10 1999 09:45 FR TO 2##283#14457767 P.03/08 wires in falling or otherwise endanger said electric line or system. The City shall be entitled to use the Easements to excavate for,place, construct, operate and maintain underground conduit, and/or cable lines for distributing electric power, including all wires, cables, handholes, manholes,transformers and transformer enclosures, concrete pads,connection boxes,ground connections attachments,equipment,accessories and appurtenances desirable in connection therewith,under,upon and across the Property. The City shall have the right to inspect,rebuild,remove,repair,improve and make such changes,alterations,substitutions and additions in and to its facilities as it may from time to time deem advisable or expedient, including the right to increase or decrease the number of conduits,wires,cables,handholes, manholes,connection boxes,transformers and transformer enclosures.The City shall,at all times, have the right to keep the Easement Areas within the setback lines of the Property clear of all fences, trees, shrubbery, undergrowth, roots and other obstructions that may interfere with or endanger the City's facilities and equipment. Notwithstanding the foregoing, Owner shall have the right to install signs, fences, landscaping, curbing, sidewalks,parking and any other improvements("Structure")which Owner is permitted to place within the Easement Areas or setback lines. Owner agrees that it will use its best efforts to place any Structure in the Easement Areas so as not to unreasonably interfere with the City's maintenance and operation of the electrical utilities in the Easement Areas. Nothing in the foregoing paragraph shall affect Owner's right to require the City to relocate the Easements (or either of them) as set forth in Section 3 of this Agreement. For the purpose of constructing, inspecting, maintaining or operating its facilities, the City shall have the right of ingress to and egress from Easement 2 over the lands of Owner adjacent to Easement 2 and lying between public or private roads and Easement 2, such right to be exercised in such manner as shall occasion the least practicable damage and inconvenience to the Owner. 2. Restoration of Property. lithe Easements or the Property is damaged by the City, or its employees, agents and contractors, with respect to the City's installation, maintenance, repair,removal and operation of the electric lines in the Easement Areas,the City will, at its sole cost and expense, restore the Easements and any other portion of the Property that is damaged, to the same condition prior to the grant of these Easements. 3. Right to Relocate by DIRE, OIRE shall have the right to require the City to relocate either or both of the Easements, for any reason, at OIRE's sole cost and expense. 4. efault. In the event that the City fails to comply with any obligations under Section 2 of this Grant of Easement,then OIRE may send written notice to the City setting forth the alleged default. In the event such default is uncured for a period ofthirty(30)days after receipt of such notice,or if such default is ofthe type which cannot reasonably be cured within such time period and the City does not commence to cure the same within said thirty 1071775.1 2 NOV 10 1999 09:45 FR TO 2#283#4457767 P.04/08 (30)day period and does not thereafter exercise due diligence to cure the same,then()IRE may proceed to cure such default on behalf of the City. If the failure of the City to perform its obligations hereunder causes an emergency, or performance of such obligations is necessary to relieve or prevent an emergency or a forfeiture of title,then the notice required to be given to the City may either be dispensed with, or need only be such a reasonable notice, if any, as is warranted by the nature of the specific condition involved and, if appropriate action is not timely taken by the City,DIRE shall be entitled to immediately cure such default without requirement of any further notice. In the event that DIRE shall cure the default of the City hereunder, the City shall be obligated to reimburse (?IRE, immediately upon demand, for all costs and expenses incurred by(DIRE in curing the default, including attorneys' fees and the costs of collection,plus interest on such costs and expenses at the rate of eight percent (8%) per annum from the date such costs and expenses are incurred by OIRE through the date of payment bythe City. 8 1? Y tY asements Appurtenant. and benefits of the easements, � pp The burdens restrictions,covenants and obligations in this Grant of Easement shall be perpetual and shall run with title to the Property. 6. Disclaimer and Waiver of Additional Rights. The City disclaims and waives any additional rights it may have in the Property based upon its possession and use of the Easements. DIRE MINNESOTA,L.L.C., a Delaware limited liability company By Its CITY OF SHAKOPEE, a municipal corporation By Its 1071775.1 3 ND) 10 1999 09:46 FR TO 214283134457767 P.05/08 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of 1999 by and the of OIRE Minnesota,L.L.C.,a Delaware limited liability company,on behalf of said limited liability company. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 1999 by , the of the City of Shakopee, a municipal corporation, on behalf of said municipal corporation. Notary Public DRAFTED BY: BRIGGS AND MORGAN, P.A. (JIM) 2400 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612334-8400 1071795.1 4 NOV-10-1999 16:14 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.08 NOU 10 1999 12:46 FR TO 21462? P.07,03 =Rom A TO GRANT OP UTILITY uscaror (Legal Deserlptiou of Progeny) Thai part of Oudot D,Valley Perk First Addition, according to the recorded p1Yt thereof which lies Southerly uta Zinc drawn Westerly ponipartdicular to tho Best lite of Lot 1,Block 4, in said Caller of said lsaid line distant 634.51 feet Northerly from the Southeast 'Hurt put ofLot1,Bleak 4,Valley perk.PirstAddition,at est°thetecorc3odpist thereof which Iles Southerly dm line drawn Wetted),petptndioular t0 We East line of said Lot 1,from a roust on said But line&tent 634.51 **Northerly from the Southeast canter nfsaidLot 1,together with ttte 1aeue+td BO4, 1997 as ��No n8 87, Drainage aid Paulding Thaemcnt dated Marctr Scott County,Minnesota. 5 1D7171$.1 NOU-10-1999 16 14 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.09 NM 10 1999 12:46 FR TO 20627 P.08439 =our B .TO GRANT OF UT!CITY LAMENT (Legal Description of Baserne*t 1) es�,under and across that pert of Outk,tD,Valley Park rust AdcUdon,which An easolrl for utility of a line drawn wow*perpendicular to lies southerly the cut line of Lot 1,Block 4,in said plat,Scott Count",Minnesota. A strip of laud 12.00 feet In widtlS lying westerly and parallel to the cast line of Lot 1,Block 4,Valley Park First Addition. Commencing at the Southeast corner ofL of 1,Block 4,Valley Park That Addition; thence North along the end tine of Lot 1 for a distance of 63431 feet and there terminating. A strip ofland d 10.00 feet in width lying northerly and parallel t0 the e'er line orLot 1,Block 4,Valley Pork plrst Addition. Commencing atthe Southold earner of Lot 1,Block 4,Valley Palk First Addition; thence West along the Scmt}3 UAe of saidLot 1 foes distance of 585.9 that and these terminating, b 1071777.1 NOU-10-1999 16:14 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.10 1JOU 10 1999 12:47 FR TO 21162? P.09439 V W=C TO ORANT OF UTILITY ANT (Legal Description of£asaaeft 1) An easement for utility Moses over,under and across that pert of Lot 1,13look 4. 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' I I 1- w 3,Ba.t[.LeS 1 r 3 I1 - 3Q� I 1 1 w v • aowea I i t _I 1 I-- dZ-w0 1 1 1 1 w oB CC p2 � I 1 1 41 1 w o w aro .1 I 7 g..F 1'"`1 I 1 in in d±3-1=< 1 1'i w .m¢ar� } 5 i. t---- OUN- 1 1 1 ( 1 v OF o¢ 11 /7 �, w 1 1 `' owzo0,Th4 1 1 Ir II om��� I 1 1 1 ,` 3 * I w { I I fLLL I 1 J 4 1 1 r` 1 1 W } 4 'r 1 o z 4 y 4 I 1 w } 1 1 Ywwl�U 4 4 1 w Igit i 030 ( 1 1 ;'` 3 O0w I I cm y/ 3 1 AMM Y 1 t%,z o 1 I t1> 1 ) ! ( 1 1 4 iI CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: E.8. Trailer Parking Exemption DATE: November 16, 1999 INTRODUCTION: The Council is asked to grant an exemption under the City Code,to allow for a tractor trailer to be parked on a City street from November 19th-November 22nd. BACKGROUND: I received a call from Randall Olson, who is the current owner of 607 First Avenue East today (Tuesday). He has a tentative sale of his property at the above address, which is scheduled to close November 22nd. However,the new home to which he is moving will not be available for several days after that. In order to facilitate the move,he has arranged with a moving company to store his household belongings in a tractor trailer from the time that it is loaded(November 19th), through November 22nd. According to City Code Section 9.30, semi-trailers can't be parked on street,nor can it be parked(attached or detached)within a residential district except when loading. However, Subd. 5 does allow for an exemption if a hardship can be shown. In view of the above situation,the Police Department and I feel that a hardship does exist, and, as such, an area in the 100 block of Main Street North could be designated for parking. The applicant said that he has spoken with the neighbors who would be affected,who indicate that they are agreeable to it parked in front of their home for that amount of time. RECOMMENDATION: I recommend that the Council grant an exemption for parking of a detached semi-trailer in residential area due to hardship, for the situation listed above. ACTION REQUIRED: If the Council concurs, it should,by motion, grant an exemption to Randall Olson, 607 East First Avenue,to allow for a detached semi-trailer to be parked in the 100 block of Main Street North, from November 19th through November 22nd. Mark McNeill City Administrator MM:tw