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HomeMy WebLinkAbout11/21/1995 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: November 17, 1995 1. Attached are the EDA Revenue and Expenditure Reports as of 10/31/95. 2. Attached are the Revenue and Expenditure Reports as of 10/31/95 and the Investment Report. 3. Attached is a memorandum from the Finance Director regarding budget hearing materials. 4. Attached is the Building Activity Report for October 1995. 5. Attached are the November 9, 1995 minutes of the Planning Commission and Board of Adjustment and Appeals. 6. Attached is correspondence from the Mayor to the newly elected officials. 7. Attached is a memorandum from the Assistant City Planner regarding the 20 foot side yard setback requirement in the Rural Residential (RR)Zone. 8. Attached is a memorandum from the Finance Director regarding budget information. 9. 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MONTH END CITY OF SHAKOPEE, MINNESOTA Average Yield= 5.94 percent INVESTMENTS Average Maturity= 3.4 years 11/1/95 Printed 07-Nov-95 1995 11/1/95 10/31/95 PAR INV Purchase Maturity Yield Carrying Basis Accreted Basis Market VALUE COUPON FHLMC 06/14/93 09/15/02 6.05 1,605,029.21 1,598,086.59 1,585,938.20 1,540,000.00 6.77 FICO _ 02/02/93 08/03/01 6.70 1,668,328.77 1,772,201.11 1,764,850.00 2,500,000.00 NA FHL 09/21/95 09/21/00 7.00 500,000.00 500,000.00 500,935.00 500,000.00 7.001 USTR_ 02/17/93 08/15/00 _ 6.15 1,272,054.07 1,342,324.34 1,330,976.88 1,752,000.00 NA FHLM 04/19/94 04/19/99 6.55 1,000,000.00 1,000,000.00 1,018,910.00 1,000,000.00 6.55 FHLM 08/11/95 02/23/99 6.50 502,956.25 491,939.20 496,655.00 500,000.00 4.95 FICO 11/30/92 02/03/99 6.50 901,323.271 951,392.41 948,750.00 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,195,789.33 1,249,876.71 1,185,998.50 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 228,096.70 238,383.74 231,851.04 276,000.00 NA FNMA 09/29/93 09/28/98 4.92 1,450,000.00 1,450,000.00 1,415,504.50 1,450,000.00 4.92: FHLM 07/07/93 07/07/98 4.80 600,000.00 600,000.00 594,078.00 600,01)0.O0 4.80 _TV_A 09/15/95 05/15/97 6.40 466,298.55 470,178.73 517,500.00 517,500.00 NA TVA 06/05/95 11/15/97 5.52 1,891,076.20 1,935,149.65 1,876,733.50 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 999,768.64 1,013,954.48 1,020,373.15 1,139,000.00 NA USTN 06/02/95 07/31/97 5.97 1,012,676.54 995,249.96 997,970.00 1,000,000.00 5.51 CP 10/26/95 03/20/96 5.87 1,465,568.33 1,466,755.63 1,465,568.33 1,500,000.00 NA 4-M 01/01/00 75,313.15 75,313.15 75,313.15 75,313.15 None Norwest 01/01/00 192.672.22 192.672.22 192.672.22 192.672.22 None Total 17,026,951.23 17,343,477.91 17,220,577.47 19,302,530.37 I I TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Budget Hearing Materials DATE: November 16, 1995 Attached are materials for the budget hearing on November 29 at 7:00 PM. Materials for the Tax Levy Hearing Oo 3 tz. kfi v w U _•* LLI 0- en.. Q � ("ixX Q LL H ,v� or.' Lo 0, u r O m O M 0 w � EW43 are c F— a`>o ci .. F.{4})Wco }i:}ii;:ti{i{;{{ Z a> {}iii..... .,..C vl' }vi:}{{Sv'.}i.�yvX CO Z N i.;.,','.74::::,..",......A'....„,,l'‘,....,...'..,.: ?.'-' a. ii{$iio-r..�{? i'` t 0 ,„ .,, U....L.i..... . . ,..,.,. ... . LL, LL .... i (3 72...uzi "t .. }}i}f{wry {- . {3 .r LIJ O •2 k{ir� {}•i r m tf� 1" ' :151". 0c 0 HCD ite d Ce CITY OF SHAKOPEE 1996 GENERAL FUND BUDGET SUMMARY 1995 1996 Estimate Estimate Revenue Taxes $2,854,504 $2,898,310 Special Assessments 0 0 Licenses and Permits 444,600 454,100 Intergovernmental 821,250 860,074 Charges for Service 749,560 574,040 Fines and Forfeits 64,000 65,000 Miscellaneous 141,350 150,000 Total Revenue 5,075,264 5,001,524 Expenditures General Government 1,536,770 1,588,500 Public Safety 2,098,670 2,236,100 Public Works 1,228,400 1,300,130 Recreation 668,580 304,660 Miscellaneous 136,000 185,000 Total Expenditures 5,668,420 5,614,390 Excess (deficiency) Revenues over Expenditures (593,156) (612,866) Other Sources 624,384 800,000 Other Uses (251,340) Excess (deficiency) Revenues & Other Sources Over Expenditures & Other Uses $31,228 ($64,206) Residual Equity Transfer Fund Balance December 31 $2,258,974 $2,194,768 Cl) K o / W F_ Z `W NW co Z r ce lL W 'Q a I-- a ow N 0 a it cl) () �, .�yrt.ti;,,.yc N L O O W LL �� ti:'4h,1: AO, ZY/ w N O V RT •EE r a' t a) N V a •<" c N E Q C)) c i o > r a) O N a, V C J — a) E Cl) O LLI N a) � C d Z (.9 >+ Cl. u CD W co CD Z 11z; 0 LL- W ~ a W Op 0 (t) .3% a�cr' —J tip mtvl t W Z r W L 0e 0 V N _ N A a C <D W N 01 90 t7 o C 41 cD At n I Cl)O m rn oo z c su O :: m 111 .::...:.::.......:.::: ..w: CO CO M C) X -13 m z c m y cn CITY OF SHAKOPEE, MINNESOTA General Fund Budget Summary by Division 1995 1996 Division Budget Proposed Council $ 69,450 $ 83,090 Administration 224,985 215,490 Clerk 122,470 132,040 Finance 303,390 307,410 Legal 212,090 260,030 Planning 464,430 457,930 Government Buildings 148,120 132,510 Police 1 ,495,760 1 ,588,500 Fire 410,240 418,670 Inspection 197,780 228,930 Engineering357,100 407,760 Street 784,180 775,720 Shop 112,120 116,650 Park Maintenance 292,420 304,660 Recreation 239,580 - Pool 136,580 - Unallocated 128,270 185,000 Transfer Out - 251 ,340 TOTAL $ 5,698,965 $ 5,865,730 0 a> a 0, • et w •I— M cc 0, • w wO Qa I-- J Q — I- t' z w .......... w o• 0 0 0 0 0 0 0 0 , °) t� 0 0 cC 1 M 0 N 00 v- fr ITY OF SHAROPEE BUILDING ACTIVITY REPORT - OCTOBER 1995 October 1995 October 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 16 112 11,222,810 9 129 11,815,875 Single Family-Septic 1 20 3,796,840 2 21 4,154,036 Multiple Dwellings 1 10 4,561,223 1 5 1,511,704 (# Units) (YTD Units) (2) (88) - (-) (20) - Dwelling Additions 7 149 774,124 6 120 552,717 Other 3 14 398,319 9 23 1,760,715 New Comm. Bldgs 3 10 20,919,700 - 8 1,462,716 Comm. Bldg. Addns. 1 2 335,000 - 2 250,000 New Industrial-Sewered - - 3 5,244,000 Ind. Sewered Addns. - 1 205,000 1 5 967,000 New Industrial-Septic - - - - 1 175,000 Ind. Septic Addns. - - - - - - Accessory/Garages 4 27 313,918 5 42 378,585 Signs & Fences 6 74 156,622 8 98 229,122 Fireplaces/Wood Stoves 2 5 6,600 3 14 22,064 Grading/Foundation 5 15 1,909,054 3 17 920,807 Moving - 3 - 1 4 - Razing - 10 25,985 1 4 11,150 Remodeling (Res. ) 5 56 494,867 6 43 327,434 Remodeling (Comm/Ind. ) 5 34 1,455,795 2 32 2,460,519 TOTAL 59 542 46,575,857 57 571 32,243,444 No. YTD. No. YTD. Electrical 35 480 63 488 Plumbing& Heating 86 581 60 611 Total dwelling units in City after completion of all construction permitted to date 5,415 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN OCTOBER, 1995 11484 Mike Menke 233 West 7th Avenue Addition 6,500 11485 Novak Fleck 154 Bluestem Avenue House 79,859 L 18 B 1, Meadows West 1st 11486 Dahl Carpentry 1118 Jefferson Street Addition 21,500 11487 Brent Leimer 2165 Granite Drive Deck 1,344 11488 Richard Sanies 1065 Ramsey Street Addition 21,500 11489 Tony Sadat 1885 West 3rd Avenue Foundation 5,500 11490 Monnens Custom Bldrs. 519 Market Street House 93,940 L 1 B 1, Monnens Addition 11491 Cletus Link Const. 1241 Madison Street House 94,433 L 7 B 2, South Parkview 1st 11492 Sunset Homes 1867 Greenway Avenue House 88,773 L 4 B 5, Prairie Bend 1st 11493 Stan Pint 1282 Miller Street Remodel 11,184 11494 Stan Pint 1282 Miller Street Deck 980 11495 Paramount Homes 587 Vista Ridge Lane House 270,000 L 5 B 1, Westridge Lake Estates 11496 Allweather Roof 700 Industrial Circle So. Reroof 85,701 11497 Roxanne Stier 1195 Van Buren Street Fence 2,500 11498 Valley View Church 1980 West 10th Avenue Lights 1,300 11499 Cletus Link Const. 1233 Madison Street House 143,747 L 6 B 2, South Parkview 1st 11500 Deutsch Construction 1447 Homestead Street House 105,000 L 4 B 1, Homestead Ridge 2nd 11501 Deutsch Construction 1627 Greenway Avenue House 120,000 L 12 B 3, Prairie Bend 1st 11502 Keyland Homes 1673 Parkway Avenue House 140,058 L 7 B 4, Prairie Bend 1st 11503 David Schmitt Const. 1751 Montecito Drive Garage 11,000 11504 Mark Anderson 1200 Vierling Court Fireplace 1,400 11505 Tim Monnens 768 Jefferson Street Fence 275 11506 Craig Bowar 678 Mound Street Deck 1,600 11507 Novak Fleck 244 Bluestem Avenue House 80,454 L 12 B 1, Meadows West 1st 11508 Keyland Homes 1746 Parkway Avenue House 107,899 L 22 B 3, Prairie Bend 1st 11509 Bakken Homes 2428 Peace Circle Deck 2,000 11510 Pete Shutrop 230 East 5th Avenue Storage Bldg. 1,070 11511 David O'Brien 329 Alexander Court Remodel 9,972 11512 John Hennen 421 East 3rd Avenue Fence 600 11513 Midwest Fireplace 1204 Limestone Drive Fireplace 1,000 11514 Greystone Const. 700 So. Industrial Circle Mezzanine 4,150 11515 Stan Pint 1710 13th Avenue West House 90,000 L 2 B 3, Minn. Valley 8th 11516 Jerry Houselog 1555 Dalles Drive Remodel 7,048 11517 Sussel Corporation 228 West 7th Avenue Garage 9,500 11518 Donovan Johnson 229 West 3rd Avenue Fence 500 11519 Bob Pearson 7802 Highway 101 Paint Booth 100,000 11520 Kraus Anderson 1515 St. Francis Avenue Medical Office 1,100,000 11521 Sunset Homes 1726 Parkway Avenue House 89,403 L 21 B 3, Prairie Bend 1st 11522 Valleyfair One Valleyfair Drive Foundation 750,000 11523 Klingelhutz Const. 575-593 Roundhouse Street Foundation 30,000 11524 Klingelhutz Const. 601-619 Roundhouse Street Foundation 30,000 11525 CIR Homes, Inc. 1454-1458 Applegate Lane Twinhome 125,445 L 9 Block 1, Orchard Park 1st 11526 Custom Remodelers 1147 Canterbury Road Remodel 4,000 11527 Kraus Anderson 1455 St. Francis Avenue Garage 70,000 11528 Graphic House 8000 Highway 101 Sign 2,000 11529 Void 11530 Elaine Jacques 2057 West 13th Avenue Awning 150 11531 Patrick Glynn 204 West 8th Avenue Window 300 11532 Preneer Systems Inc. 600 County Road 83 Storage Bldg. 85,700 11533 Mark II of Fosston One Valleyfair Drive Tank Removal 2,100 11534 Shakopee Valley Printing5101 Valley Ind. Boulevard Addition 300,000 11535 Kraus Anderson 1087 Park Place Warehouse 2,500,000 11536 Twin Cities Sign Images 590 So. Marschall Road Sign 1,000 11537 Westenberg Homes 1683 Parkway Avenue House 128,419 L 8 B 4, Prairie Bend 1st 11538 Keyland Homes 1803 Parkway Avenue House 99,611 L 6 B 6, Prairie Bend 1st 11539 Kraus Anderson 8000 Highway 101 Parking Lot 78,750 11540 Greystone Construction 700 Industrial Circle So. Remodel 174,000 11541 Keyland Homes 1616 Greenway Avenue House 110,820 L 13 B 3, Prairie Bend 1st 11542 Novak Fleck 184 Bluestem Avenue House 76,173 L 15 B 1, Meadows West 1st 11543 Kraus Anderson 1850 Sarazin Street Foundation 145,000 TOTAL: $7,625,158 # 5 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,MinnesotaNovember 9, 1995 MEMBERS PRESENT: Mars,Joos,Bladow,Madigan,Link,DuBois and Christensen MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann,Planner I Dave Nummer, Staff Engineer Clare T.Link,Recording Secretary 1. ROLL CALL Chairman Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF OCTOBER 5, 1995,MEETING MINUTES The minutes were approved as submitted. 4. RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO SELL MOTOR FUEL, TO OPERATE A CAR WASH, AM) TO BUILD TWO (2) BUILDINGS ON ONE LOT. THE SUBJECT SITE IS LOCATED AT LOT 1,BLOCK 1,PARKVIEW ADDITION Ms. Baumann stated that the applicant has submitted an application for a Conditional Use Permit to allow two buildings on one lot, to operate a car wash, and to operate a gas station. The subject site is located east of Marschall Road and north of Vierling Drive and is zoned Highway Business (B-1). Staff is recommending the approval of the Conditional Use Permit, subject to the 8 conditions discussed in the staff memo. John Hogenson. project design for SSG Corporation stated that the staff recommendations are agreeable to SSG Corporation. Commissioner Mars asked if the 3-tank, 12,000 gallons per tank is the standard for gas stations. Mr. Hogenson replied that it is an average; some stations have more, some have less. of Shakopee BoCity ard of Adjustments and Appeals November 9, 1995 Page 2 Commissioner DuBois noted that the site is 1.61 acres, but the entire parcel is over 4 acres in size. Mr. Hogenson replied that they are proposing to build on the front 200' on Marschall Road. Commissioner DuBois asked what the setback for the front of the building will be. Mr. Hogenson replied that it is thirty feet. Commissioner DuBois asked what determines which is the front yard and which is the side yard. Mr. Bilotta stated that the narrowest is the front, and the side yards are 90 degrees from that. Commissioner Mars asked for a comment on the proximity of the curb cuts. Mr. Bilotta replied that the standard for curb cuts in a commercial area is 200 feet. Mr.Nummer discussed the proximity of the curb cuts in this area. Commissioner Mars asked if there will be landscaping in the car stacking area for the car wash. Mr. Hogenson replied that there will be landscaping in this area. Commissioner Mars noted that the landscaping would be right on the property line and asked if that is acceptable. Mr. Bilotta stated that the Board could impose additional conditions, if they felt it necessary. Commissioner DuBois had a question regarding the placement of the restaurant. She said that it appeared that the front of the restaurant would face the back of the gas station. Mr. Hogenson replied that this is a concept design, and that there might not even be a restaurant. Dorothy Hergott, Swift Circle. Shakopee, asked if traffic would be routed from Ramsey or Vierling. Commissioner Mars replied that access would be provided to the station from either street. Ms. Hergott asked what the hours of operation would be. Commissioner Mars replied that it could operate 24 hours a day. Mr. Hogenson stated that their standard practice is to operate 24 hours a day, but this will be reconsidered depending on the amount of business. Larry Anderson, Country Village Apartments, Shakopee, asked how many stalls the car wash will have and if it will accommodate only cars, trucks and pickups. Mr. Hogenson replied that the car wash is a building 18' x 50' in size and will wash cars, trucks, vans and pickups. Commercial vehicles cannot use the car wash. Mr. Anderson replied that the residents of Country Village Apartments are not in favor of this use. They would prefer an office or City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 3 medical building with normal business hours. They had concerns about increased crime, noise, the bad element that will be attracted to this business, and increased garbage. Commissioner Christensen arrived at 7:48 p.m. Mr. Anderson stated that the proposed use is too close to residents and needs to be further south. Mr. Bilotta explained the purpose of a conditional use permit and the process of approval or denial by the Board. John 11 Tiles, Country Village Apartments. Shakopee stated that he had a strong objection to this proposal based on the noise levels that will be created. Commissioner Bladow arrived at 7:55 p.m. Commissioner Joos asked if there are some state guidelines regarding noise in that area. Mr. Nummer stated that there are not any city guidelines. State guidelines apply to arterial highways. He noted that there will be more commercial uses in this area. Commissioner DuBois asked if there is a spacing requirement for ingress and egress. Mr. Nummer noted that the minimum is 150', which he felt would be adequate. The state and county have recommended 150' from the curb to the edge of the driveway. He discussed access to the site. Commissioner DuBois discussed her concerns about future traffic in this area and the difficulty with turning into this site. Ed Dupree, Country Village Apartments, Shakopee believed that putting two buildings on one lot would be "trashing" the area. He had concerns about noise, increased number of sirens, increase in traffic, and the use of public address systems all night long. He was opposed to the use of the land. Commissioner Joos stated that the zoning is Highway Business (B-1) for this site, and a gas station is allowed under this zoning. He noted that additional conditions could be placed on the request. He stated that some of the conditions may very well rectify the residents'concerns. Mr. Bilotta stated that the public address system will be added as Condition No. Nine. Condition No. Nine shall read that"There shall not be a public address system which is audible from any residential property". City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 4 Commissioner Mars questioned the setback for the car wash. Mr. Hogenson noted that the setback for the car wash is currently at ten feet, but that the placement of the car wash can be moved to accommodate the required 20 foot setback. Mr. Hogenson discussed the state law for a public address system for safety reasons. Larry Oaks, Country Village Apartments. Shakopee,asked if the zoning is written in stone or if it can be rezoned to residential. He felt that it should be changed. Mr. Bilotta discussed the rezoning process and the need to conform with the Comprehensive Plan. Commissioner Joos asked if there would be anything that would stop this use from going forward. Mr.Bilotta stated that rezoning cannot be done retroactively. Dorothy Hergott, Swift Circle. Shakopee, asked if there is anything that can be done. Ms. Hergott asked if the reason we are here is to say yes or no to the car wash. Commissioner Mars replied that there are other uses that they could go on this site without a conditional use permit. Mr. Bilotta discussed other uses which could go on this site without a conditional use permit. Ms. Hergott stated that she would prefer to have one building on the site, that it be closed at night, and that there be landscaping on the east side of the property. She noted that she was told when she bought her property that an office building would be built on this site. Cynthia Koopman, Swift Circle. Shakopee, stated that she was also told that professional buildings would be constructed on this site. She stated that she doesn't want loudspeakers at the gas station. She was concerned about a decrease in property values. Tim Render, SSG Corporation discussed zoning in the area. Ed Dupree, Country Village Apartments. Shakopee,was concerned about lighting on the site. Mr. Bilotta discussed exterior lighting components. He discussed screening requirements for refuse and parking. He stated that there is an enforcement process in place so that the applicants will follow the requirements of the conditional use permit. Larry Oaks suggested that there might be new thoughts on the zoning with the new Council coming on board in January. He discussed other locations which might be more appropriate for this business. of BoarCityd of AdShakopeejustments and Appeals November 9, 1995 Page 5 Commissioner Joos stated that as long as all conditions are met, the applicant can do what he wants with the current zoning. He asked for input on what the conditions should be for this use. Tim Render, SSG Corporation, stated that an application will be brought forward for a motel across the street from the Country Village Apartments which will serve as a nice transition from one use to another. Kristin Nelson, Swift Circle. Shakopee,stated that many of the residents are not in favor of this use. She stated that she would like a condition added that it close at 9:30 or 10:00 p.m. She was also concerned about robberies. Lawrence Kreiser, Country Village Apartments. Shakopee, discussed his concerns about the proposed use. He was opposed to all night long operations. Commissioner DuBois asked for clarification of whether or not this use would need a conditional use permit without a car wash. Mr. Bilotta stated that a conditional use would still be required for a gas station at this location. Larry Anderson asked if time constraints can be put on this business. Commissioner Mars stated that hours can be limited. Mr. Anderson asked if later on,the hours could be changed if there are complaints. Commissioner Mars stated that conditional use permits are reviewed. Mr.Bilotta discussed the permit review process. Commissioner Mars asked if the Board can initiate the review of a standard conditional use. Mr.Bilotta stated that a review can be initiated in the event of complaints. Commissioner Christensen asked if the site would be fairly well screened. Commissioner Mars stated that it would have to meet the standard screening criteria. Mr. Bilotta recommended that the Board require additional landscaping in any areas they deemed necessary. Cindy Koopman, Swift Circle. Shakopee, stated that this operation should be closed for business after 10:00 p.m. She stated that she would like to see pictures of what the use will look like. Mr. Hogenson reviewed other sites that have been built. Motion: Commissioners Joos/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 6 Motion: Commissioners Joos/Christensen offered Conditional Use Permit Resolution No. PC-732, A Resolution Granting a Conditional Use Permit for Two Principal Structures on One Lot; To Operate a Car Wash within One of the Principal Structures; and to Operate a Gas Station within the Highway Business(B-1)Zone, subject to the following conditions: 1. The proposed car wash structure shall comply with the setback requirements for principal structures within the Highway Business (B- 1)Zone,including the 20 foot interior side yard setback requirement. 2. The site shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development. 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contains provisions providing for the enforcement thereof 4. There shall be no vehicles which are unlicensed and/or inoperable stored on the premises. 5. All repair, assembly, disassembly, and maintenance of vehicles shall take place within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement. 6. There shall be no sales, storage, or display of any used vehicles. 7. The car wash shall utilize a water conservation or recovery system. 8. The car wash shall provide stacking for at least three vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way,private access easement, or within the required parking setback(15 feet). 9. The public address system shall not be audible from any residential property. Commissioner Christensen suggested that the hours of operation be limited to 6:00 a.m. to 10:00 p.m. Commissioner Joos suggested 11:00 p.m. Commissioner DuBois stated that there are other alternative locations for this gas station in the city that would be more appropriate. Commissioner Bladow was in favor of the 11:00 p.m. closing time. 1 City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 7 Commissioner Mars was concerned about restricting the hours of operation. Commissioner Christensen asked for the applicant's input on the hours of operation. Mr. Hogenson stated that they are requesting 24-hour operation. Hours are only cut when economics warrant it. He noted that residents in other areas have requested that the business remain open longer. Motion: Commissioners Joos/Bladow offered a motion to restrict the hours of operation to between 6:00 a.m. to 11:00 p.m. Vote: Motion carried,with Commissioner Link voting against this motion. Commissioner Mars noted that this would be added as Condition No. 10. Commissioner Christensen felt that if screening exceeding what is required in the performance standards is needed,then it should be done. Mr. Bilotta reviewed what the screening requirements would be on this site. Commissioner Joos discussed the need to protect sight lines on the lot. Commissioner Christensen asked if the screening could come back for review. She also stated that she would be more comfortable reviewing this permit in a year. Commissioner Joos believed that the permit should be reviewed on a complaint basis only. As long as they meet the performance standards and conditions, it would be a waste of time to review it annually. Commissioner Link agreed with Commissioner Joos. Vote on original motion: Motion carried. DuBois voted against the motion. The Board recessed at 9:05 p.m. and reconvened at 9:15 p.m. 6. INTERPRETATION: INTERPRETATION AS TO THE INTENTION OF WHEN THE FISCHER MINE IS TO CEASE OPERATIONS. Mr. Bilotta stated that at its September 7, 1995, meeting, the Board approved a request from Fischer Aggregates, Inc. for an amendment to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 to extend the number of years for the mining operation from 17 years to 20 years. City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 8 On October 17,the City Council discussed the approval of the permit due to an appeal of this approval. At this meeting,the City Council modified an amendment to the permit,reducing the 20 year timeframe to allow the mine to operate for 17 years. After the approval of this action, the City Council discovered that there may have been some confusion regarding the motion for the 17 year timeframe, and the City Council directed staff to determine when the 17 year timeframe was to end,and to specify a date. Upon researching this issue, staff found that there was very little discussion regarding this portion of the amendment request during the public hearing process. Therefore, staff has brought this back to the Board for clarification as to their intent. Three alternatives have been provided for consideration,including end dates of • April 5,2005 • September 7, 2012; or • October 17, 2012 Commissioner Joos stated that he felt the start date should be from the original conditional use permit. Commissioner Mars stated that one of the amendments was to change the time. Mr. Bilotta stated that that was the case,but it was unclear from what point the timeframe was. Commissioner Joos again stated that his interpretation was that it was from the original date. Beverly Koehnen. 2036 Canterbury Road stated that she appealed the Board's decision to the City Council. She stated that the City Council asked that this item not be brought back to the Board of Adjustments and Appeals. She summarized their conversation for the Board's benefit. Mr. Bilotta stated that after staffs research, the decision was made to bring it back to the Board. Ms. Koehnen stated that the Council preferred the 17 year timeframe. She discussed the original conditional use permit issued in 1988 which noted that mining should be terminated in the year 2003. Commissioner Joos explained why this item was brought back to the Board for their review. City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 9 John Voss, representing the applicant stated that they are surprised to be returning to the Board. He reviewed the project phasing. He stated that the mining can be reduced to 17 years. He stated that it would not be possible to complete the mining by 2005. Mr.Bilotta stated that it is important to determine what the Board's original intent was. Commissioner DuBois discussed the difficulty with making a decision based on limited information. Commissioners Madigan and Bladow agreed that the end date should be based on the date of the original conditional use permit. Commissioner DuBois believed that this item should be tabled. • Commissioner Mars noted that this conditional use permit is drastically different than the original one approved in 1988. Ms. Koehnen stated that this is not a popularity contest. She stated that it is a grandfathered use that should not be expanded and should have an end date in mind. She stated that she would like the City Attorney's opinion. Commissioner Mars stated that a memorandum should be written to the City Council which would state each members'recollection of the intent of their decision. In response to a question from Commissioner Christensen,Mr. Voss stated that he didn't recall ever giving the Board a certain end date. He did, however, recall that twenty years was always the intent. Mr.Bilotta reiterated the Board members'original intentions. Motion: Commissioner Joos/Madigan offered a motion to direct staff to prepare a memorandum to the City Council highlighting the Board members' recollection of their intentions. Commissioner Christensen suggested that staff listen to the meeting tape again for additional information. Commissioner Joos stated that to avoid conflicts in the future, consideration should be given to stating end dates. City of Shakopee Board of Adjustments and Appeals November 9, 1995 Page 10 Discussion regarding application for Conditional Use Permits and Amendments to Conditional Use Permits followed. Vote: Motion carried. Commissioner Link abstained from voting. 7. 1996 MEETING SCHEDULE FOR THE BOARD OF ADJUSTMENT AND APPEALS Motion: Commissioners Christensen/Joos moved to approve the 1996 Board of Adjustments and Appeals meeting schedule Vote: Motion carried unanimously. 8. OTHER BUSINESS There was no other business on the agenda. 9. ADJOURNMENT Chairman Mars adjourned the meeting at 9:52 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMIVIISSION Regular Session Shakopee,Minnesota November 9, 1995 MEMBERS PRESENT: Mars,Joos,Madigan, Christensen,Bladow,Link,DuBois MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann,Planner I Dave Nummer, Staff Engineer Clare T.Link,Recording Secretary 1. ROLL CALL Chairman Joos called the meeting to order at 9:54 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The Agenda was approved as presented. 3. RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA Motion: Commissioners Christensen/Bladow offered a motion to approve the consent agenda: Agenda Item#5: Approval of the October 5, 1995 Meeting Minutes. Agenda Item #11: Final Plat: to consider the final plat of Market Place 2nd Addition. Agenda Item #12: Vacation: to consider the vacation of the northern most portion of the alley dedicated with Market Place 1st Addition. Agenda Item#13: Vacation: to consider the vacation of drainage and utility easements along east and west property lines of Lot 1, Block 1, Valley Park Fourth Addition. Agenda Item#14: 1996 meeting schedule for the Planning Commission. Vote: Motion carried unanimously. 5. *APPROVAL OF THE OCTOBER MEETING MINUTES Approved on the consent agenda. 6. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER, FOR A TEXT AMENDMENT REQUEST TO ALLOW City of Shakopee Planning Commission Meeting November 9, 1995 Page 2 RETAIL SALES OF NURSERY AND GARDEN SUPPLIES AS A CONDITIONAL USE IN THE RURAL RESIDENTIAL(RR)ZONE. Ms. Baumann stated that Minnesota Green Landscaping is requesting a text amendment to allow retail sales of nursery and garden supplies as a Conditional Use in the Rural Residential (RR)Zone. She noted that this use is not currently allowed within the Rural Residential Zone. She also noted that since the 40 acre site is adjacent to land presently zoned Agricultural Preservation (AG), the Planning Commission may want to consider initiating the rezoning of the site from Rural Residential (RR) to Agricultural Preservation (AG), where retail sales of nursery and garden supplies are allowed as a Conditional Use. John Christopherson. applicant,discussed the request for a text amendment. Commissioner Joos asked if the applicant would be able to change his use if the rezoning is approved. Mr. Bilotta stated that this would be the case. Commissioner DuBois discussed nursery and garden uses in surrounding communities. She felt that a better recommendation would be to allow it as a conditional use or amend the zoning ordinance. She did not feel that rezoning would be a good idea. Commissioner Joos believed that the quickest action would be to initiate the rezoning. Mr. Christopherson was concerned about overnight storage of materials. It would be difficult to not have overnight storage. Mr. Bilotta explained how the site would be split up so that the retail sales area would be free of overnight storage. Mr. Christopherson stated that it would work, but he was concerned about having to have a special building. Mr. Bilotta replied that a special building would not be required. Motion: Commissioners Christensen/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Christensen/Bladow offered a motion to recommend to City Council that Chapter 11 not be amended and to initiate the rezoning of the 40- acre site from Rural Residential (RR) to the Agricultural Preservation Zone (AG). Vote: Motion carried unanimously. City of Shakopee Planning Commission Meeting November 9, 1995 Page 3 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN AMENDMENT TO THE PUBLIC MINI-STORAGE PLANNED UNIT DEVELOPMENT FOR THE 12'X 40'EXPANSION OF AN EXISTING STRUCTURE FOR USE AS AN OFFICE. Ms. Baumann stated that Tony Sadat has submitted a request for an amendment to the Public Mini-Storage Planned Unit Development (PUD) to expand a structure for additional office space. The subject site is located at 1885 3rd Avenue West and is currently zoned Highway Business (B-1). The original PUD was approved in March of 1994. The requested amendment is to allow a 12 by 40 foot addition onto the north side of the office/shop structure to be used for additional office space. Tony Sadat, applicant,discussed his request. Motion: Commissioners Christensen/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Christensen/Madigan offered a motion to recommend to the City Council the approval of an amendment to the Development Plan for the Public Mini-Storage Planned Unit Development, subject to the original conditions of the PUD, plus the following condition: 1. The applicant shall dedicate a drainage easement within the areas containing the 100 year flood elevation over the existing drainage ditch located in the southwestern portion of the site. Vote: Motion carried unanimously. 8. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN AMENDMENT TO THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT TO ALTER THE SIZE AND DESIGN OF THE NURSING HOME FACILITY,AND TO RELOCATE THE PARKING AREA FROM THE NORTHERN PORTION OF THE LOT TO THE SOUTHERN PORTION OF THE LOT. Ms. Baumann stated that the applicant has submitted an application for an amendment to the Minnesota Valley Health Campus Planned Unit Development (PUD) to alter the size and design of the nursing home facility, and to relocate the parking area from the northern portion City of Shakopee Planning Commission Meeting November 9, 1995 Page 4 of the lot to the southern portion of the lot. Staff recommends approval, subject to conditions under the original approval. At the request of the Commission,Ms.Baumann reviewed the site plan. Dan Swedberg. applicant.reviewed the site plan in more detail. Commissioner Joos asked how many parking spaces would be available. Mr. Swedberg replied that the number required by the ordinance will be included. Commissioner Bladow asked why the facility is being downsized. Mr. Swedberg replied that only a certain number of licensed beds can be made available throughout the state. Motion: Commissioners Mars/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners DuBois/Madigan offered a motion to recommend to the City Council the approval of the request for an amendment to the Minnesota Valley Health Campus Planned Unit Development, as illustrated in Exhibit C of the staff memo, subject to the original conditions of approval. Vote: Motion carried unanimously. 10. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER FOR A TEXT AMENDMENT TO REVISE THE DESIGN STANDARDS ALONG THE SOUTHERLY BYPASS Mr. Bilotta stated that this was previously approved by the Planning Commission but never carried forward to the City Council. Motion: Commissioners Madigan/Mars offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Bladow/Christensen offered a motion to recommend to City Council the amendments recommended by staff. City of Shakopee Planning Commission Meeting November 9, 1995 Page 5 In response to a question from Commissioner DuBois, Mr. Bilotta explained the text amendments. Vote: Motion carried unanimously. 9. TEXT AMENDMENT TO "DESIGN STANDARDS": TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER FOR A TEXT AMENDMENT TO REVISE THE DESIGN STANDARDS WITHIN THE RESIDENTIAL ZONES (PUBLIC HEARING CLOSED AT THE SEPTEMBER 7, 1995 MEETING AND RECOMMENDATION TO THE CITY COUNCIL TABLED ON OCTOBER 5, 1995. Ms.Baumann stated that City staff is proposing text amendments to the design standards in the Agricultural Preservation(AG)Zone and all of the Residential Zones. There have been some minor problems with implementing these standards. City staff is recommending the approval of the amendments as proposed. Commissioner Joos discussed the need for an Low Density Residential (R-1A)Zoning district. Commissioner Christensen stated that she is not in favor of 60'lot widths. Mr. Bilotta stated that with the Livable Communities Act, many communities will have to decrease their current lot widths. Commissioners discussed the need for diversity in the community, while not having "ticky tack" housing, but also the desire to not end up with a community of homes that are too high priced. Commissioner DuBois stated that lot widths are market driven. Commissioner Bladow stated that we should not compare ourselves to other communities. Commissioners discussed lot widths. Motion: Commissioners Bladow/DuBois offered a motion to recommend to City Council that the portions of Chapter 11 be amended as proposed by staff. Vote: Motion carried unanimously. City of Shakopee Planning Commission Meeting November 9, 1995 Page 6 11. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF MARKET PLACE 2ND. LOCATED AT 5TH AVENUE AND MARKET STREET Decision tabled to the December 7, 1995,meeting under the consent agenda. 12. *VACATION: TO CONSIDER THE VACATION OF THE NORTHERN MOST PORTION OF THE ALLEY DEDICATED WITH MARKET PLACE 1ST ADDITION MEASURING 312 FEET IN LENGTH AND 10 FEET IN WIDTH ON THE EASTERN MOST END AND 6.11 FEET IN WIDTH ON THE WESTERN MOST END,MARKET PLACE 2ND ADDITION Approval recommended to the City Council, contingent upon the recording of Market Place 2nd Addition,under the consent agenda. 13. *VACATION: TO CONSIDER THE VACATION OF DRAINAGE AND UTILITY EASEMENTS ALONG EAST AND WEST PROPERTY LINES OF LOT 1, BLOCK 1,VALLEY PARK FOURTH ADDITION. Approval recommended to the City Council, contingent upon the recording of the minor subdivision approving the lot combinations for properties currently owned by Nybo Manufacturing,Inc. and MBF,Inc.,under the consent agenda. 14. *1996 MEETING SCHEDULE FOR THE PLANNING COMMISSION Approved under the consent agenda. 15. OTHER BUSINESS Mr.Bilotta stated that staff will be bringing the subdivision regulations for review in 1996. 16. ADJOURNMENT Chairman Joos adjourned the meeting at 10:50 p.m. SHAKOPEE November 9, 1995 Todd Anderson 537 4th Avenue East Shakopee, MN 55379 Dear Mr. Anderson: Congratulations on your recent election. I wish you the best in your endeavors to make Shakopee schools even better. Once again, congratulations! Sincerely, Gary L. Laur- - , ayor City of Shakopee GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 PiILA! SHAKOPEE November 9, 1995 Kathy Busch 747 Vista Ridge Lane Shakopee, MN 55379 Dear Ms. Busch: Congratulations on your recent election. I really appreciate your contributions to our schools and wish you the best in your endeavors to make them even better. Once again, congratulations! Sincerely, Gary L. Laurent, Mayor City of Shakopee GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 Pia SHAKOPEE November 9, 1995 Jane DuBois 1305 West 6th Avenue Shakopee, MN 55379 Dear Ms. DuBois: Congratulations on your recent election. I remember being newly elected as an exciting and challenging time. I wish you the best in your endeavors to make Shakopee an even better community and further want you to know that,to that end, I am willing to assist you in any way you desire. Once again, congratulations! Sincerely, Gary L. La nt,Mayor City of Shakopee GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 mow. aL= I SHAKOPEE November 9, 1995 Cletus Link 1216 South Jefferson Shakopee, MN 55379 Dear Mr. Link: Congratulations on your recent election. I remember being newly elected as an exciting and challenging time. I wish you the best in your endeavors to make Shakopee an even better community and further want you to know that,to that end, I am willing to assist you in any way you desire. Once again, congratulations! Sincerely, Gary . Laur nt, Mayor City of Shakopee GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 SHAKOPEE November 9, 1995 Jeff M. Henderson 519 West 5th Avenue Shakopee, MN 55379 Dear Mr. Henderson: Congratulations on your recent election. I remember being newly elected as an exciting and challenging time. I wish you the best in your endeavors to make Shakopee an even better community and further want you to know that,to that end, I am willing to assist you in any way you desire. Once again, congratulations! Sincerely, G•N 7L. Laurent, Mayor City of Shakopee GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 PiMILLAI SHAKOPEE November 9, 1995 Burl A. Zorn 910 East 8th Avenue Shakopee, MN 55379 Dear Mr. Zorn: Congratulations on your recent election. I remember being newly elected as an exciting and challenging time. I wish you the best in your endeavors to make Shakopee an even better community and further want you to know that,to that end, I am willing to assist you in any way you desire. Once again, congratulations! Sincerely, Gary L. Laurent,Mayor City of Shakopee GLL:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 NON AGENDA INFORMATIONAL ITEM Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer,Assistant City Planner ' Date: November 14, 1995 Re: 20 Foot Side Yard Setback Requirement in the Rural Residential (RR)Zone. Introduction At the October 3, 1995, meeting of the City Council, the Council directed staff to research the implications of adjusting the existing twenty foot(20') side yard setback within the Rural Residential (RR)Zone (Section 11.24, Subd. 5.C). This memo is for informational purposes only. Discussion City Code Section 11.02 defines the following: Setback: The minimum horizontal distance between a structure and a lot line, ordinary high water level, or other specified item. Yard: An open space on a lot surrounding a principal structure, which is unoccupied and unobstructed from the ground to the sky, except by landscaping or an eave not exceeding 24 inches in width. Yard,Side: The yard extending along the side lot line between the from and rear yards, extending perpendicularly from the side lot line to the side yard setback line. Staff has researched a number of communities with regard to their side yard setback requirement within rural residential zones. Staffs findings are as follows: siderstoos:.; ide `'``Setf�>Inte Champlin 10 acres 10' 25' Eagan 5 acres 30' 30' Lakeville 10 acres 10' 30' Maple Grove 20 acres 5' 30' Plymouth 20 acres 15' 50' Prior Lake 40 acres 20' 50' Savage 10 acres 60' 60' Shakopee 10 acres 20' 50' The setbacks above range from between 5 feet to 60 feet, with Shakopee in between at 20 feet. Within Shakopee, the side yard setbacks could be reduced to 10' without interfering with drainage and utility easements. However, this is really an issue of community standards and policy. Alternatives 1. Take no action. 2. Add this item to the City Council Agenda and direct staff to initiate a text amendment to Section 11.24, Subd. 5.C, to amend the side yard setback requirement within the Rural Residential Zone. 3. Request additional information from staff. Staff Recommendation Staff recommends alternative No. 1. Action Requested No action is being recommended at this time. i:\planning1c61995cc1121krsetbac.doc 1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Budget Information DATE: November 16, 1995 Additional budget data attached just for your information. It has reduced tax levy due to changes for fire pension decrease, charge back changes and election appropriation increase. City of Shakopee 11/16/95 Pay 1995 Pay 1996 Change City Tax Levy - Gross 2, 805, 925 2, 852, 047 1. 6% Less Fiscal Disp. Dist. (280, 610) (291, 693) Net levy spread 2, 525, 315 2, 560, 354 1.4% Total City Taxable Tax Capacity 10, 025, 926 11,281, 442 12.5% City Tax Rate Estimated 25.188% 22. 695% -9.9% City Tax Rate Actual 25.245% Assessor's Estimated Market Value $77, 000 $81, 600 6.0% Tax Capacity First $72, 000 at 1% 720 720 Balance at 2% 100 192 820 912 11.2% City Tax Rate 25.245% 22. 695% City Tax $207. 01 $206. 98 0.0% Assessor's Estimated Market Value $89, 000 $94, 400 6. 1% Tax Capacity First $72, 000 at 1% 720 720 Balance at 2% 340 448 1, 060 1, 168 10.2% City Tax Rate 25.245% 22. 695% City Tax $267. 60 $265.08 -0. 9% Assessor's Estimated Market Value $98, 700 $104, 600 6.0% Tax Capacity First $72, 000 at 1% 720 720 Balance at 2% 534 652 1,254 1, 372 9.4% City Tax Rate 25.245% 22. 695% City Tax $316.57 $311.38 -1. 6% Assessor's Estimated Market Value $164, 600 $174, 500 6.0% Tax Capacity First $72, 000 at 1% 720 720 Balance at 2% 1, 852 2, 050 2, 572 2, 770 7.7% City Tax Rate 25.245% 22. 695% City Tax $649.30 $628 . 66 -3.2% Mill Rate Comparison 1996-2000 Capital Improvement Program City of Shakopee, Minnesota Mill Rate Listing (Tax Capacity Rates) Comparison of City Rates County City 1991 1992 1993 1994 1995 Scott Shakopee 23.426 24.267 28.162 27.104 25.245 Savage 27.907 28.485 29.026 30.206 29.862 Prior Lake 25.087 27.703 29.641 36.507 36.707 Jordan 15.749 37.477 30.637 41.316 41.667 Carver Chaska 12.775 15.210 15.326 15.721 15.845 Chanhassen 24.100 25.384 25.453 25.536 25.834 Hennepin Plymouth 15.077 15.888 17.390 16.049 15.282 Eden Prairie 21.039 22.574 25.850 24.875 24.090 Minnetonka 17.474 18.765 20.189 20.280 19.290 Brooklyn Center 19.208 21.487 23.969 27.030 29.532 Dakota Burnsville 17.902 18.516 20.095 20.377 20.754 Eagan 15.856 18.411 20.423 22.150 22.234 Apple Valley 24.654 24.677 24.725 24.649 25.561 Lakeville 20.811 19.097 19.871 20.044 20.147 Ramsey New Brighton 13.121 15.581 16.161 17.542 17.602 Roseville 14.014 15.366 16.764 17.399 18.000 Moundsview 14.355 21.147 21.057 25.828 26.029 Anoka Fridley 15.832 15.453 15.390 16.005 16.098 Columbia Hgts. 19.529 23.488 23.021 25.686 26.460 Washington Lake Elmo 15.164 15.761 18.431 19.944 20.547 Woodbury 19.425 19.993 21.428 22.474 22.442 Cottage Grove 23.804 24.980 26.458 27.411 27.991 Average 18.923 21.350 22.249 23.824 23.965 (22 cities) Mill Rate Comparison 1996-2000 Capital Improvement Program City of Shakopee, Minnesota Mill Rate Listing (Predominant District)(Tax Capacity Rates) Payable 1995 City School County County City Rate Rate Rate Misc. Total Scott Shakopee 25.245 71.179 50.217 6.101 152.742 Savage 29.862 80.708 50.217 5.795 166.582 Prior Lake 36.707 61.787 50.193 7.778 156.465 Jordan 41.667 71.350 49.935 2.370 165.322 Carver Chaska 15.845 71.221 47.033 4.913 139.012 Chanhassen 25.834 71.221 47.033 5.675 149.763 Hennepin Plymouth 15.282 60.414 37.454 6.166 119.316 Eden Prairie 24.090 67.235 37.454 7.081 135.860 Minnetonka 19.290 76.139 37.454 7.119 140.002 Brooklyn Center 29.532 76.861 37.454 7.916 151.763 Dakota Burnsville 20.754 80.708 27.994 4.875 134.331 Eagan 22.234 62.136 27.994 5.424 117.788 Apple Valley 25.561 62.136 27.994 4.914 120.605 Lakeville 20.147 67.779 27.994 2.031 117.951 Ramsey New Brighton 17.602 64.664 44.692 5.547 132.505 Roseville 18.000 73.798 44.692 5.071 141.561 Mounds View 26.029 64.664 44.692 6.186 141.571 Anoka Fridley 16.098 63.296 32.765 6.001 118.160 Columbia Hgts. 26.460 77.730 29.946 5.524 139.660 Washington Lake Elmo 20.547 67.093 30.619 8.402 126.661 Woodbury 22.442 68.586 30.619 6.912 128.559 Cottage Grove 27.991 68.586 30.619 6.912 134.108 Average 23.965 69.513 38.412 5.851 137.740 Shakopee Assessed Value and Taxes Payable Tax Capacity Formulas Residential Properties 1990/91 1st 68,000 @ 1.00% 68-100K @ 2.00% excess @ 3.00% 1991/92 1st 72,000 @ 1.00% 72-115K @ 2.00% excess @ 2.50% 1992/93 1st 72,000 @ 1.00% excess @ 2.00% 1993/94 1st 72,000 @ 1.00% excess @ 2.00% 1994/95 1st 72,000 @ 1.00% excess @ 2.00% 1995/96 1st 72,000 @ 1.00% excess @ 2.00% Tax Capacity Formulas Commercial Properties 1990/91 1st 100,000 @ 3.20% excess @ 4.95% 1991/92 1st 100,000 @ 3.10% excess @ 4.75% 1992/93 1st 100,000 @ 3.00% excess @ 4.70% 1993/94 1st 100,000 @ 3.00% excess @ 4.60% 1994/95 1st 100,000 @ 3.00% excess @ 4.60% 1995/96 1st 100,000 @ 3.00% excess @ 4.60% See examples on following pages. Shakopee Assessed Value and Taxes Payable Residential Tax EMV Tax Cap. City City Total Total Parcel Year Value Value Tax Rate Tax Tax Rate Tax 27-004147-0 1990/91 68,900 698 23.426% 163.51 119.996% 837.57 1991/92 68,900 689 23.979% 165.22 135.370% 932.70 1992/93 72,000 720 28.162% 202.77 140.007% 1,008.05 1993/94 72,000 720 27.104% 195.15 146.446% 1,054.41 1994/95 77,000 820 25.245% 207.01 152.742% 1,252.48 1995/96 81,600 912 22.695% 206.98 27-037013-0 1990/91 79,100 902 23.426% 211.30 119.996% 1,082.36 1991/92 79,100 862 23.979% 206.70 135.370% 1,166.89 1992/93 83,200 944 28.162% 265.85 140.007% 1,321.67 1993/94 83,200 944 27.104% 255.86 146.446% 1,382.45 1994/95 89,000 1,060 25.245% 267.60 152.742% 1,619.07 1995/96 94,400 1,168 22.695% 265.08 27-033005-0 1990/91 90,400 1,128 23.426% 264.25 119.996% 1,353.55 1991/92 90,500 1,090 23.979% 261.37 135.370% 1,475.53 1992/93 92,200 1,124 28.162% 316.54 140.007% 1,573.68 1993/94 92,200 1,124 27.104% 304.65 146.446% 1,646.05 1994/95 98,700 1,254 25.245% 316.57 152.742% 1,915.38 1995/96 104,600 1,372 22.695% 311.38 27-015004-0 1990/91 120,200 1,826 23.426% 427.76 119.996% 2,191.13 1991/92 120,200 1,710 23.979% 410.04 135.370% 2,314.83 1992/93 126,900 1,818 28.162% 511.99 140.007% 2,545.33 1993/94 126,900 1,818 27.104% 492.75 146.446% 2,662.39 1994/95 135,800 1,996 25.245% 503.89 152.742% 3,048.73 1995/96 143,900 2,158 22.695% 489.76 27-015006-0 1990/91 136,900 2,327 23.426% 545.12 119.996% 2,792.31 1991/92 136,900 2,128 23.979% 510.27 135.370% 2,880.67 1992/93 153,800 2,356 28.162% 663.50 140.007% 3,298.56 1993/94 153,800 2,356 27.104% 638.57 146.446% 3,450.27 1994/95 164,600 2,572 25.245% 649.30 152.742% 3,928.52 1995/96 174,500 2,770 22.695% 628.65 Commercial Tax EMV Tax Cap. City City Total Total Parcel Year Value Value Tax Rate Tax Tax Rate Tax 27-001162-0 1990/91 53,500 1,712 23.426% 401.05 119.996% 2,054.33 1991/92 52,100 1,615 23.979% 387.26 135.370% 2,186.23 1992/93 52,100 1,563 28.162% 440.17 140.007% 2,188.31 1993/94 54,000 1,620 27.104% 439.08 146.446% 2,372.43 1994/95 59,400 1,782 25.245% 449.87 152.742% 2,721.86 1995/96 59,400 1,782 22.695% 404.42 27-001205-0 1990/91 302,700 13,234 23.426% 3,100.20 119.996% 15,880.27 1991/92 291,900 12,215 23.979% 2,929.03 135.370% 16,535.45 1992/93 288,100 11,841 28.162% 3,334.66 140.007% 16,578.23 1993/94 293,600 11,906 27.104% 3,226.89 146.446% 17,435.27 1994/95 323,000 13,258 25.245% 3,346.98 152.742% 20,250.53 1995/96 323,000 13,258 22.695% 3,008.90 27-087008-0 1990/91 295,900 12,897 23.426% 3,021.25 119.996% 15,475.88 1991/92 284,300 11,854 23.979% 2,842.47 135.370% 16,046.76 1992/93 332,000 13,904 28.162% 3,915.64 140.007% 19,466.57 1993/94 342,800 14,168 27.104% 3,840.09 146.446% 20,748.47 Income 1994/95 377,000 15,742 25.245% 3,974.07 152.742% 24,044.65 1995/96 377,000 15,742 22.695% 3,572.65 27-105001-0 1990/91 837,400 39,701 23.426% 9,300.36 119.996% 47,639.61 1991/92 837,400 38,126 23.979% 9,142.23 135.370% 51,611.17 1992/93 837,400 37,658 28.162% 10,605.25 140.007% 52,723.84 1993/94 848,800 37,445 27.104% 10,149.09 146.446% 54,836.70 1994/95 933,600 41,346 25.245% 10,437.70 152.742% 63,152.10 1995/96 902,200 39,901 22.695% 9,055.58 27-054001-0 1990/91 4,501,700 221,084 23.426% 51,791.14 119.996% 265,291.96 1991/92 4,517,700 212,941 23.979% 51,061.12 135.370% 288,258.23 1992/93 4,532,400 211,323 28.162% 59,512.78 140.007% 295,866.99 1993/94 4,575,200 208,859 27.104% 56,609.14 146.446% 305,865.65 1994/95 4,575,200 208,859 25.245% 52,726.51 152.742% 319,015.72 1995/96 4,575,200 208,859 22.695% 47,400.60 # 7 ba ' t City of Shakopee _ , Q:„.,,,, i.,, �. POLICE DEPARTMENT - . # Atl. ' � �4# 476 South Gorman Street t,., .� :' �N SHAKOPEE, MINNESOTA 55379 z � � Tel 612/445-6666 1; ; it , Fax 612/445-2313 r /II,* 7 .r; The Police Report An imide look at police activity. Prepared by: Teri Van Clave 0 iniii hiA Due to support staff illness, there will be no newsletter this week. 7o Serve 7o Protect TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 21, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7: 00 p.m. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of November 8, 1995 *8] Communications: Vicki King request for fund-raiser/raffle 9] Public Hearings: a] 7 : 00 P.M. Proposed Assessments for the Alley Improve- ments in Block 51, 1994-14 - Res. No. 4340 b] 7 : 15 P.M. Proposed Assessments for Improvements In the P & V Additions, 1995-5 - Res. No. 4341 c] 7 : 30 P.M. Proposed Assessments for Downtown Streetscape Improvements, Phase II, 1993-12 - Res. No. 4342 d] 7 : 30 P.M. Proposed Annexation of Marymark Cemetery and Other Property - Ord. No. 439 e] 7 : 45 P.M. Proposed Assessments for the Alley Improve- ments in Block 48, 1994-1 - Res. No. 4343 10] Recommendations from Boards and Commissions: *a] Amending the Public Mini-Storage Planned Unit Development (Ord. No. 436 on table) *b] Amending the Minnesota Valley Health Campus Planned Unit Development (Ord. No. 433 on table) c] Amending Zoning Ordinance by Adding Retail Sales of Nursery and Garden Supplies as A Conditional Use Within Rural Residential (RR) Zones *d] Amending Zoning Ordinance Performance Standards for Retail Centers Within Highway Business (B-1) Zones, Ordinance No. 434 TENTATIVE AGENDA November 21, 1995 Page -2- 10] Recommendations from Boards and Commissions continued: *e] Amending Zoning Ordinance by Revising The Design Standards Within Residential Zones, Ord. No. 435 11] Reports from Staff: *a] Appeal Resolution No. CC-713, approval of the renewal of and amendment to Conditional Use Permit No. PC-376 for Fischer Aggregates, Inc. *b] Livable Communities Act Housing Goals *c] Group Health Insurance Contracts *d] Approve Bills in the Amount of $2 , 094, 017. 33 *e] Authorize Survey Work for Maras St. Feasibility Report f] P & V Reconstruction - Resident's Reimbursement Request g] Deleted h] Subdivision Regulations Review Committee - Res. 4349 *I] Janitorial Service Contract for Civic Center j] Assistant Facility Manager/Recreation Programmer 12] Resolutions and Ordinances: *a] Ord. No. 432 - Renaming of the Fuller Street Realign- ment & Extension South of 10th Avenue *b] Res. No. 4345 - Setting Hearing On Vacation of Ease- ments Within Valley Park 6th c] Res. No. 4339 - Awarding Bid for Mill Pond Water Quality Pond Project No. 1995-7 - memo on the table *d] Res. No. 4344 - Accepting Feasibility Report on 17th Ave. and Sarazin St. Project 1996-1 *e] Res. No. 4335 - Premises Permit for American Legion *f] Res. No. 4348 - Apportioning Assessments for Orchard Park First Addition *g] Res. No. 4347 - Certifying Delinquent Storm Drainage Utility Bills *h] Res. No. 4346 - Amending Design Criteria and Standard Specifications for Roadway Construction 13] Other Business: 14] Recess for an executive session to discuss matters permitted under attorney-client privilege and labor negotiations 15] Re-convene 16] Adjourn to Tuesday, November 28, 1995 at 7: 00 P.M. Dennis R. Kraft, City Administrator REMINDER: Nov. 29th Public Hearing on the 1996 Tax Levy & Budget w OFFICIAL PROCEEDINGS OF THE SIHAKOPEE CITY CO REGULA,.It SESSION COUNCIL SHAKOPEE, MINNESOTA NOVEMBER 8, 1995 Mayor Laurent called the meeting to order at 7:03 P.M. with Cncl. Brekke Lynch present. Karen present: Dennis R. Kraft, CityAdBeard, Sweeney, and Marty, City Attorney; Judith S. Cox, City Barry Stock, Assistant City Planner; Bruce Loney, Public Works Director; and Nicole ty Clerk; Paul Bilotta, Senior Bennett, Planner. Mayor Laurent welcomed the newlyel Henderson, Jane D individuals who will take office in Jan uBois, Clete Link, and Burl Zorn. He offered his assistance for Jeff transition. a smooth Items added to the Agenda: 15a) November 28, 1995 Meeting, Handbook, 15c) Setting a public hearing 15b) Changes to the Utility Easement, and 16)Litigation to Initiate the Vacation of a Portion of a D Personnel was added. Drainage and Beard/Brekke moved to approve the Agenda as modified. Motion carried unanimously. Rhonda Melcher, ShPresidentako hako � Matt Club intends de Sha theyMatt Club, approached the can to supportpodium. She stated the Shakopee wrestling at the Civic Center and donated wrestling mats to completely cover the floors andwalls of the wrestling room for the Civic Center with an estimated value of$18,000.00 Mayor Laurent recessed the meeting at 7:04 P.M. for an Econ meeting. Development Authority Mayor Laurent reconvened the meeting at 7:56 P.M. Barry Stock introduced Ron Stellmaker, the new Recreation Superintendent. Ron Stellmaker, approached the the Civic Center will podium and stated he is pleased to be working in Shakopee public and looked forward to worlds Sht to akopee and will be very and felte g with the City. functional both to the City and the Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to speak on an no response. Y item n of on the Agenda.g There was November 8, 1995 Official Proceedings of the Page Shakopee.City Council Resolution to the Scott County District Court Judges 13a) 13ctg) Contract ges -2- Items added ConsentBusiness:hfforts of Local Law Enforcement Officers,The tion Of with Requesting Their RespectRequirements, and 15c) Initiating A Centres Group, Ltd., 13m) Liquor License Red Portion Of A Drainage And Utility Easement. ed. Motion carried with Mayor �, ch moved to approve the Consent Un UndergreSs as ound S Service Agreement.Brekk from 131)Downtown Electrical Laurent abstaining 1995. (Motion carried ch moved to approve the Minutes of October 3rd and 17th, Brekkeai-yn under Consent Business). District No. 10 and the public hearing for the establishment of Tax Increment Financing y Mayor Laurent. Theo Plan relating adoption of a Tax Increment Financing on the proposed of the public hearing is to solicit comments and Bary Stock explained the purposeDistrict. Several amendments have been approved The Scott County Board has incorporated of a new hIncrement llaan �� to Council direction. the e S e Plan also sent thewmeted into thePresolution on recommended support of the new TIF District, perived. to the school district and no comments have been Donregarding a community survey McNeil, 1101 Naumkeag, approached the podium and spoke for Blocks 3 and 4. felt uni survey was conducted in 1993 and at that time the majority Barry Stock stated a comm tY something should be done with Blocks 3 and 4 downtown. Mayor Laurentavin no further response asked if anyone present wished to speak on this item. H g the public hearing was closed. There was discussion regarding the guidelines on the use of surplus funds from TIF Districts. Tax Increment Financing Beard A Resolution Establishing District No. offered Resolution N A 4326, a'Increment Financing Plan Therefor, and moved its District No. 10 And Approving adoption. Motion carried unanimously. tion for a Currency Exchange License from Game Financial The public hearing for the application Corp. was opened by Mayor Laurent. their name which has changed u Chief e roved for the Unbank, license.ichThe Deputy Judith Cox stated a previousand license requesting a a currency exchange f is now to Game Financial Corp. n to deny the license• Police has advised there is no reaso w Official Proceedings of the Shakopee CityCouncil November 8, 1995 Mayor Laurent Ma Page -3- Y asked if anyone present wished to speak on this item. Having no response the public hearing was closed. Lynch/Sweeney offered Resolution No. 4313, A Resolution of Approving pprov g the Application of Game F' the City of Shakopee, Minnesota Canterbury Road, and moved its adoption. Motion carorp.ried Currency Exchange License at 1100 �ed unanimously. Brekke,/I,ynch moved that a smoke Civic Center site, free building and grounds policy be ad (Motion carried under Consent Business). °per for the Shakopee Barry Stock explained that a (civic center and facility use) fee schedule to begin preparing marketing material for the public. He stated the must be recommended the establishment of a standard fee to be applied re Park and R approved in order recommended budget, staff did not calculate ration Boardrephas revenue PP non-resident memb s residency. In pr userie schedule was worked on with the S hool Distract in o de� membershi s. g schedule the CityP for facility use feec and the school, and to have a consistent wayavoid competition easing space deciding on a corresponding fee to charge. are thoseidentify user projections. g The fees notedgroups the aid int used in developing budget A discussion relating to the rational for discounts based ona ensued. ed. BrekkelSweeney moved to amend the document to strike admission, punch card, and annual pass. and seniors 60+�� from the daily A discussion relating to financial considerations for seniors ensued. Motion carried with Cncl. Sweeney and Lynch dissenting. Beard/Brekke offered Resolution No. 4327, A Resolution Adopting the 1995 Fee Schedule Amending Use Fee Structure Schedule (Incorporating the Admission Schedule for Resolution Civic F�' 4143 Motion Establishing Rental Rates and Charges), as amended, and moved its adoption.a carried unamou . Brekke/I-ynch offered Resolution No. 4331, A Resolution Urging Scott Count), District Court Judges To Of The City Of Shakopee, Urging, cmoved its adoption. gRespect The Efforts Of Minnesota, (Motion carried under Consent Business). LawEnfOreement Brekke/I,ynch moved to authorize staff to install stop Avenue with the intersection of St signs at Greenway Avenue and Parkway Avenue. (Motion carried under Consent B Business). Vag Steel Road with the intersection of 4th w November 8, 1995 Official Proceedings of the Page b Shakopee City Council atacostof$27.46perton with a 216 ch moved to approve the purchase of road salt from Cargill under Consent 46 perBusiness).o with a 216 ton minimum under the state contract for salt. the sewer fund for ch moved to direct that the internal service fund for equipment pay the undepre transferred from the sewer fund into the internal service the unit was ata value of equipment (Motion carried under Co when it was established in the amount of$126,614. (M the necessary documents to the Finance Director to executetion carried under Consent participatearkke/ in moved c authors Tax Payment System. (M in the Electronic Federal Business). otion the $389,005.99. (M Brekke/I-ynch moved to approve payment of the bills in the amount of carried under Consent Business). agrBement with Centres ro riate city officials to enter into an Brekke/I,ynch moved to direct the app P Group, Ltd. (Motion carried under Consent Business). offici�s �purchase small equipment items Brekk ro riate City carded under Consent (with /pri ch moved authorize fo the Shakes Civic Center project. Notion (with a price under $5,000) Business). purchase the equipment from the appropriate City officials top carried under vendorsident moved the authorize therespodence dated October 31, 1995. (Motion vendors identified in Greystone correspondence Consent Business)• execute the underground the appropriate City officials to Public Utility Brekk h moved to authorize of Shakopee and Shakopee distribuotiontion agreement by and between the City carried under Consent Business). Commission for service to the Shakopee Civic Center. (Motion the appropriate City officials to execute a concession agreement byeand/between the moved City authorize andtethe Shakopee Hockey Association for the remain of Shakopeegross receipt (less sales tax) commission schedule. the and between ka season based on a 15% gr 1995-96 ice skating (Motion carried under Consent Business). ro nate City officials to execute the underground electric Brekke/agree moved to authorize the appropriate of Shakopee, Shakopee Public Utilities Commie regiments by and between theCity Underground Electric service agreements owners located within the Downtown and the respective property Mayor Laurent abstaining) area. (Motion carried under Consent Business with Project ordinance amending the city code by deleting Attorney to prepare the appropriateiren liagility BrekkelLYnch moved to direct the City must file their liquor the requirement that liquor and beer licensees lic with the city. (Motion carried under Consent Business insurance Po Y edinthe ShakOfficialopee CityProceCouncilgsof November 8, 1995 Page -5- Cncl. Beard stated his intent to ask for a re-count of the election returns. Sweeney/Lynch offered Resolution No. 4324, A Resolution Canvassing Returns For The Regular Municipal Election And The Special Election, and moved its adoption. Brekke/Sweeney moved to amend Resolution No. 4324, replacing the spelling of "John Brekke" with Jon Brekke. Motion carried unanimously. Motion carried unanimously on Resolution No. 4324, as amended. The League of Minnesota Cities is requesting that each city fill out a ballot and return it no later than Monday, November 13th. Cncl. Sweeney stated he would like the newly elected Councilmembers to be allowed to comment on the League of Minnesota Cities policies and legislative priorities. Discussion followed. Sweeney/Beard moved to allow the Councilmembers Elect to also rate/vote on the League Policies and that they be blended with those of the Council. All lists are to be returned to the City Administrator by November 13th. Motion carried unanimously. A recess was taken at 8:47 P.M. The meeting re-convened at 9:00 P.M. In response to Cncl. Brekke's frustration in street lights not warranted according to the County, Bruce Loney explained they were not warranted due to insufficient traffic levels on County Road 16 at this time. Beard/Brekke moved to authorize the payment of street light relocation at Roundhouse Street and Sarazin Street with County Road 16 to Shakopee Public Utilities Commission out of the Capital Improvement Fund. Motion carried unanimously. Brekke/Lynch moved to award the bid to Metro Fire to purchase the turn-out gear and helmets, and also the purchase of personal alert sounding devices from Front Line Plus Fire & Rescue ($11,857.00). (Motion carried under Consent Business). Brekke/Lynch moved to approve the sale of the 1976 LTI Aerial Platform Truck to Custom Fire Apparatus in the amount of$31,500.00. (Motion carried under Consent Business). Brekke/Lynch moved to authorize the appropriate City officials to purchase the computer equipment for the Civic Center system at a cost not to exceed $18,000. (Motion carried under Consent Business). Official Proceedings of the November 8, 1995 Shakopee -6- Shakopee City Council ch moved to direct the appropriate City officials to prepare a budget amendment to BrekkelLyn at a cost not to exceed #2,000. cover the costs associated with the City Hall file server upgrade (Motion carried under Consent Business). ch moved to authorize the appropriate City officials to utilize ESI Communications n applicator Brekke/Lyn the Civic Center telephone system and installation at a cost not to exceed , ble sales tax. (Motion carried under Consent Business). appropriate Cityofficials toutilize +Communications ommu ictio sales tax.or Brekke/Lynch moved to authorize the aPPTOP cost not to exceed $2,295.00 the installation of the data network cabling at a(Motion carried under Consent Business.) Brekke/LYn ch offered Resolution No. 4323, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Portion Of The Alley Dedicated With Market Place, and moved its adoption. (Motion carried under Consent Business). The Public Hearing Date To Brekke/Lynch offered Resolution No. 4325, A Resolution�3�d �ty Easements Dedicated With Consider The Vacation Of A Portion Of The Drainage Valley Park 4th Addition, and moved its adoption. (Motion carried under Consent Business). BrekkelLynch offered Resolution No. 4330, A Resolution Electing To Participate In The Local Yn Metropolitan Livable communities Act For Housing Incentives Account Program Under The Calendar Year 1996, and moved its adoption. (Motion carried under Consent Business). Brelcke/Lynch offered Resolution No. 4328, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7, and moved its adoption. (Motion carried under Consent Business). A Resolution Apportioning Assessments Among New Brekke/L,ynch offered Resolution No. 4329, Parcels Created As A Result Of The Minor Subdivision For Lot 1, Block 2, Valley Park 11th Addition, and moved its adoption. (Motion carried under Consent Business). Mayor Laurent acknowledged the fact that the Council would be meeting on November 28, 1995 at 7:00 P.M. Karen Marty stated there are inconsistencies in staff titles with the newecr� lySuperit current dent position and that revisions in the personnel handbook are necessary to more positions and practices. She then reviewed the changes. Official Proceedings of the November 8, 1995 Shakopee City Council Page -7- Sweeney/Beard offered Resolution No. 4332, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting A Personnel Handbook, By Making A Number of Small Revisions, and moved its adoption. Motion carried unanimously. Brekke/Lynch Offered Resolution No. 4333, A Resolution Setting The Public Hearing Date To Consider The Vacation Of a Portion Of The Drainage And Utility Easement Located Along The Lot Line Between Lot 1 And Lot 2, and Between Lot 2 and Lot 3, Block 1, Prairie House 2nd Addition, and moved its adoption. (Motion carried under Consent Business). A recess was taken at 9:10 P.M. for an executive session to discuss labor negotiations and litigation. Mayor Laurent re-convened the meeting at 9:31 P.M. and stated that no action was taken during the executive session. Mayor Laurent adjourned the meeting to November 14, 1995 at 7:00 P.M. The meeting adjourned at 9:31 P.M. e/p J S. Cox i Clerk Esther TenEyck Recording Secretary November 1 , 1995 Dear Council Members. I am the Chairperson for the All-Night Graduation party Fundraiser. This year again we are starting plans for the fundraiser/raffel which generates the largest amount of the money needed for the graduation party. We are trying to keep most of the prizes this year in the local area. Many of the local businesses donate items for our raffel. I am asking that the city council consider donating as one of our top prizes, a family membership to the new community center. Any profit that we make from this raffel goes directly to offset the cost of the graduation night party. The committe members await your decision and hope that it is a positive one. Sincerely, Vicki L. King Senior Parent Representative Fundraising Committee ACTION REQTTFSTED Move to approve the iss anr_.P of one Civic Center family memhershin to the All Night Graduation Party Committee for their fund raiser/raffle, MEMO TO: Dennis R. Kraft, City Administrator to FROM: Bruce Loney, Public Works Director (9,--- I SUBJECT: Alley in Block 51, Project No. 1994-14 DATE: November 14, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is Resolution No. 4340, which adopts the special assessments for the above referenced project. BACKGROUND: The alley in Block 51 has been completed and all project costs have been identified. This project consisted of the placement of Class 5 and paving of the alley and appurtenant work. City Council ordered the improvements after receiving a petition from the adjacent property owners requesting the City of Shakopee to pave the alley in Block 51. The petition also stated that the property owner waived their right to appeal their assessments. All property owners but one signed the petition. The alley construction costs are 100% assessed. The final project costs are $8,828.02. The feasibility report estimated the project costs to be $5,775.00. Staff has received an appeal of their assessment from one of the property owners who did sign the waiver of appeal and is attached for Council review. ALTERNATIVES: 1. Adopt Resolution No. 4340. 2. Deny Resolution No. 4340. 3. Table Resolution No. 4340. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4340, A Resolution Adopting Assessments for the Improvements to the Alley in Block 51, Original Shakopee Plat, Project No. 1994-14 and move its adoption. BL/pmp MEM4340 ] q' st ti y." !+.. ti }'r.*riJF vY.zf 3 `��` v ti )ti .n ; .m •• • • 1 'a f-'-''''':.:- ;:."7......,-.::::.••;':',.;•.:'-'-::::;',':t •4 • , .,1,',.;_',,,,':,1',:'.'.-,.I'I'-'..:::.4 lr a .lt I . - Noue_ mber g 1 qQ5- J u 01; h_ S. C o x lag fl% t5 Si . . I N ,5-3-3X5379 --- - :}-.'1---...... Z: De_a r J u o y } .. 6 iii.-..-,'?:.-,:..1-!ii T IS 1 5Ae_C -F igen z• L�az� _- e��n's_. ._ a Anc.�e r Son a rr, app alin5 zi. e cS,5e5se� F., -•••••= 5'.1i'.-, .. } .t -.. . ; cc.rr� o�t�f.�° f -� 88a 8� -�o r � m ro V m e� �.s � -{ .Z2-0C V`x 1/6) )/ e ) e ) n / ate Sl i never receive (2( wriZ� eil 1S 0femef) zL -Crorrt Lilo. C1iy o - Sh4Kopee Sz��zlinj FAQc pproXimaie aniouof -For o reicil%n Q/id p vii5 a-f I ., i-gie A )le �t Block 51. 6 -rof� he pr�jeczLwQSZroy bej ire F rz�,4er ,r)ore/ mY nerJ0i�jor drSCK5s 14) 1.i)) i ` Yr) e- et h a G u n t e X Ce ecce'i n5 Iv b _)0u° Z. e Disse 5.5�d / w r i l be_ 1 rQ_s end azo 2,� meeZ /r0, o iL 7 : cop, int o ,� T (4e5cia A10 �'e_ r�ba ei i ) qq.5 Y > �° c i 5 C c S 5 °);-S a cc t€r k r 2-1)$ FSHAKOPEEO D NOV 8 1995 0 S ) f) Cere- 17/ VG RESOLUTION NO. 4340 A Resolution Adopting Assessments For The Alley in Block 51, Original Shakopee Plat Project No. 1994-14 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: Grading,paving and storm sewer for the Alley in Block 51, Original Shakopee Plat, Shakopee,Minnesota. 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, 1996, and shall bear interest at the rate of 8.0 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, 1996 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 Shaklee,Minnesota,-held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney PROPOSED ASSESSMENTROLL ALLEY 1N BLOCK 51 Prepared by October, 1995 Checked by LEGAL FRONT 1 TOTAL *P40 # OWNER DESCRIPTION FOOT ASSESSMENT 27-001369-0 Robert H & April K Nead Lot 1 BIk 51 60.00 $882.80 303 E 4th Ave Original Shakopee Plat Shakopee, MN 55379 27-001370-0 Dennis D Anderson Lot 2 Blk 51 60.00 $882.80 313 E 4th Ave Original Shakopee Plat Shakopee, MN 55379 27-001371-0 Anthony & Cathy Christensen Lot 3 BIk 51 60.00 $882.80 321 E 4th Ave Original Shakopee Plat Shakopee, MN 55379 27-001372-0 Ethel E Hirscher Lot 4 Blk 51 60.00 $882.80 329 E 4th Ave Original Shakopee Plat Shakopee, MN 55379 27-001373-0 Daniel E & Gwen Ballinger Lot 5 BIk 51 60.00 $882.80 337 E 4th Ave Original Shakopee Plat Shakopee, MN 55379 27-001374-0 Brett D & Carol A Erath Lot 6 Blk 51 60.00 $882.80 300 S Spencer St Original Shakopee Plat Shakopee, MN 55379 27-001374-1 Kenneth W & Mary E Kewatt Lot 7 BIk 51 60.00 $882.80 328 E 3rd Ave Original Shakopee Plat Shakopee, MN 55379 27-001375-0 Richard A Beckrich & Wife Lot 10 BIk 51 & W6' of 66.00 $971.08 304 E 3rd Ave S 38'of Lot 9 Blk 51 Shakopee, MN 55379 Original Shakopee Plat 27-001376-0 Roger & Dolores Marschall Lots 8 & 9 BIk 51 ex W6' 114.00 $1,677.32 314 E 3rd Ave S38' of Lot 9 Shakopee, MN 55379 Original Shakopee Plat TOTAL 600.00 $8,828.02 Total Assessment= $8,828.02 sessment per Front Foot= $14.71 9 ,6 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director ibtj SUBJECT: P&V Reconstruction, Project No. 1995-5 DATE: November 14, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is Resolution No. 4341 which adopts the assessments for the above referenced project. BACKGROUND: The P&V Reconstruction Project has been completed except for some minor sodding and clean-up items. All of the project costs have been identified. The final project costs are $413,633.80 which consists of construction costs totaling $339,500.00 and Engineering/Administration costs totaling $74,133.80. The Engineering/Administration costs include $9,673.80 for trunk water charge fees. Of this amount $287,330.82 will be assessed, $5,344.51 will be funded by Shakopee Public Utilities Commission for oversizing costs and $120,958.47 will be funded by the City with the Capital Improvement Fund. There are 35 lots being assessed for this project. When the P&V Subdivisions were annexed into the City, an agreement was reached where those property owners who signed a waiver of appeal of assessment would have a maximum assessment of$8,000.00 per lot. All but two of the property owners have signed the waiver, with one parcel belonging to Mn/DOT and the other to Mr. & Mrs. Rowen. Per council direction, staff has contacted Mr. & Mrs. Rowen and offered to them to sign the waiver of appeal. As of the writing of this memo they have not responded. The two parcels which have not signed the waiver will be assessed at$11,665.41 per lot. ALTERNATIVES: 1. Adopt Resolution No. 4341. 2. Deny Resolution No. 4341. 3. Table Resolution No. 4341. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4341, A Resolution Adopting Assessments for P&V Addition and P&V 2nd Addition, Project No. 1995-5 and move its adoption. BL/pmp MEM4341 RESOLUTION NO. 4341 A Resolution Adopting Assessments For The P&V Addition And P&V 2nd Addition Project No. 1995-5 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: Grading,paving,curb&gutter,utilities and appurtenant work for P&V Addition and P&V 2nd Addition in Section 12,Township 115,Range 23, Scott County,Minnesota 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, 1996, and shall bear interest at the rate of 6.25 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, 1996 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 Cimnity Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of -are to becomeslue in the following year. Adopted insession of the City Council of the City of Shakopee,Minnesota,held this day of 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney PROPOSED ASSESSMENTS-FOR. MPROVEMENTS FOR P & V 1ST AND 2ND ADDITIONS Prepared by PROJECT COST= October, 1995 $408,289.29 Checked by P.J.D. PROPERTY LEGAL LOTS TOTAL OWNER DESCRIPTION ASSESSMENT 27-195001-0 Lloyd R Olson & Wife Lot 1 BIk 1 1.00 $8,000.00 301 E Mound Street P & V Addition Shakopee, MN. 55379 27-195002-0 Jeanne M Marnoff Lot 2 BIk 1 1.00 58,000.00 249 E Mound Street P & V Addition Shakopee, MN. 55379 27-195003-0 Minnegasco Outlot $0.00 800 LaSalle Ave. Floor 11 P & V Addition P.O. Box 59038 Mpls., MN 55459-0038 27-195004-0 Philip J & Charlotte M. Lot 1 BIk 2 1.00 $8,000.00 Hespenheide P & V Addition 312 E Mound Street Shakopee, MN. 55379 27-195005-0 Bruce L. Biermann & Wife Lot 2 BIk 2 1.00 $8,000.00 302 E Mound Street P & V Addition Shakopee, MN. 55379 27-195006-0 Thomas E & Carrol A Muelken Lot 3 Blk 2 1.00 $8,000.00 254 E Mound Street P & V Addition Shakopee, MN. 55379 27-195007-0 Michael J & Roxanne M W Rowan Lot 4 BIk 2 1.00 $11,655.41 253 Sand Street E. P & V Addition Shakopee, MN. 55379 27-195008-0 Gordon L & Deborah K Lot 5 Blk 2 1.00 $8,000.00 Pehrson P & V Addition 301 E Sand Street Shakopee, MN. 55379 27-195009-0 John M & Kathleen A Boegeman Lot 6 BIk 2 1.00 $8,000.00 311 E Sand Street P & V Addition Shakopee, MN. 55379 PROPOSED ASSESSMENTS FOR IMPROVEMENTS FOR P & V 151 AND 2ND ADDITIONS Prepared by PROJECT COST= October, 1995 $408,289.29 Checked by P.I.O. PROPERTY LEGAL LOQ OWNER DESCRIPTION 27-195010-0 State of MN/Dept of Trans. DESCRIPTION ASSESSMENT Lot 1 BIk 3 1.00 511,665.41 %KF Rassmussen Mail Stop 631 P & V Addition Transportation Bldg. St. Paul, MN 55155 27-195011-0 Stanley C. & E. Jeanne Miles Lot 2 BIk 3 312 E Sand Street 1.00 $8,000.00 P & V Addition Shakopee, MN. 55379 27-195012-0 Linda J & James L Pederson Lot 3 Blk 3 1.00 $8,000.00 302 E Sand Street P & V Addition Shakopee, MN. 55379 27-195013-0 John A. & Sandra J. Vollmer Lot 4 Blk 3 246 E Sand Street 1.00 $8,000.00 P & V Addition Shakopee, MN. 55379 27-196001-0 Travis P. & Denise L. Estes Lot 1 Blk 1 229 E Mound Street 1.00 $8,000.00 P & V 2nd Shakopee, MN. 55379 27-196002-0 Kent D. & Sandra L. Sanders Lot 2 Blk 1 213 E Mound Street 1.00 $8,000.00 P & V 2nd Shakopee, MN. 55379 27-196003-0 Oren W Lindholm & Wife Lot 1 BIk 2 183 E Mound Street1.00 $8,000.00 P & V2nd Shakopee, MN. 55379 27-196004-0 Lynn M. Gylland King Lot 2 Blk 2 165 E Mound Street1.00 $8,000.00 P & V2nd Shakopee, MN. 55379 27-196005-0 Myron E. Anker & Wife Lot 3 Blk 2 145 E Mound Street1.00 $8,000.00 P & V2nd Shakopee, MN. 55379 27-196006-0 Norman L Denstedt Lot 4 BIk 2 129 E MOund Street1.00 $8,000.00 P & V2nd Shakopee, MN. 55379 PROPOSED ASSESSMENTS FOR IMPROVEMENTS FOR P & V I ST AND 2ND ADDITIONS -Prepared by •PROJECT.COST= October, 1995 X8,289_29 Checked by P.1.D. PROPERTY LEGAL LOTS TOTAL OWNER DESCRIPTION , ASSESSMENT 27-196008-0 John W Jr & Bernice Collins Lot 6 Blk 2 1.00 $8,000.00 109.E Mound Street P & V 2nd Shakopee, MN. 55379 27-196009-0 Leroy D Hanson & wife Lot 1 BIk 3 1.00 $8,000.00 180 E Mound Street P & V 2nd Shakopee, MN. 55379 27-196010-0 Richard M & Shirley Coleman Lot 2 BIk 3 1.00 $8,000.00 179 E Sand Street P & V 2nd Shakopee, MN. 55379 27-196011-0 Donald B Wruck & Wife Lot 3 BIk 3 1.00 $8,000.00 166 E Mound Street P & V 2nd Shakopee, MN. 55379 27-196012-0 Ronald F Arnett & Wife Lot 4 BIk 3 1.00 $8,000.00 146 E Mound Street P & V 2nd Shakopee, MN. 553769 27-196013-0 Jeril W Romine & Wife Lot 5 BIk 3 1.00 $8,000.00 130 E Mound Street P & V 2nd Shakopee, MN. 55379 27-196014-0 Thomas A Doll & Wife Lot 6 BIk 3 1.00 $8,000.00 110 E Mound Street P & V 2nd Shakopee, MN. 55379 27-196015-0 WM C & Dorothy A Sensibaugh Lot 7 BIk 3 1.00 $8,000.00 144 E Sand Street P & V 2nd Shakopee, MN. 55379 27-196016-0 James & Bernice Schaak Lot 8 Blk 3 1.00 $8,000.00 152 E Sand Street P & V 2nd Shakopee, MN. 55379 27-196017-0 Carol Soldo Lot 9 BIk 3 1.00 $8,000.00 166 E Sand Street P & V 2nd Shakopee, MN. 55379 PROPOSE) ASSESSMENTS f FOR P & V 1ST AND 2ND ADDITIONS IMPROVEMENTS PROJECT COST= October, 1995 Prepared by $408,289.29 Checked by P.I.D. PROPERTY OWNER LEGAL LOTSTOTAL DESCRIPTION ASSESSMENT 27-196018-0 Mark D & Maria B Hawes Lot 1V0 2n 3 1.00 P & 2d $8,000.00 184 E Sand Street Shakopee, MN. 55379 27-196019-0 Chris W & Sherri L Thompson 234 Mound Street Lot 1 Blk 4 1 00 P & V2nd $8,000.00 Shakopee, MN. 55379 27-196020-0 Brian L & Darlene R Christian Lot 2 Blk 4 1 214 E Mound Street .00 $8,000.00 P & V 2nd Shakopee, MN. 55379 27-196021-0 James M & Renae J Barsness Lot 3 Blk 4 1 213 E Sand Street .00 $8,000.00 P & V 2nd Shakopee, MN. 55379 27-196022-0 Todd & Susan M Fofkeris Lot 4 Blk 4 1.00 $8,000.00 233 E Sand Street P & V 2nd Shakopee, MN. 55379 27-196023-0 Gregory L & Diane M Merker Lot 1 Blk 5 1.00 $8,000.00 230 E Sand Street P & V 2nd Shakopee, MN. 55379 27-196024-0 Rose M Stemmer Lot 2 Blk 5 1.00 $8,000.00 214 E Sand Street P & V 2nd Shakopee, MN. 55379 27-196025-0 John Vohnoutka & Wife t A 1503 W. 6th Ave. P & V 2nd $0.00 Shakopee, MN 55379 Total 35.00 $287,320.82 WAIVER THIS WAIVER, is made this 19 r between the Cit day of —U`-- ` hereinafter referred to as the Cityand �o tate of Minnesota, and ►v'i u t,I } O, (name) (name) hereinafter referred to as the owner. In consideration of the action of the City Council to cause the construction of sanitary sewer, storm sewer, watermain street construction within the P & V Addition and the P & V Sec Addition and to assess 100% of the cost of the improvements u and o $8, 000. 00 per lot, to the owner. and up to $8, 000. 00 per lot, as may bedetermined by the Councilup the City to be a fair a pay such costs, City beexpressly waives of the costs of said improvements. objection to any irregularity with regard to the said improvement assessments and any claim that the amo thereof levied against owner's property is excessive, together with all right to appeal in the courts. ith In testimony, whereof, the owner, has hereunto set his or her hand, the day and year first above written. �JJ .X.Ch� �h Address Owner Lot Block P & V Addition Scott County, Minnesota Owner STATE OF MINNESOTA) COUNTY OF e d ss . On this s J day of V � �N tary Public, personallyappeared19 before me, a o�q, r w�u,� YV� ;�-� being sworn, did say that Said t and was executed as their free act and deed. instrument THERESA NANCY WIIHOAR I msiskoACO At ,� ANY COMPASSION 4:41 JANUARY 31,2000 Notary Public, My Commission Expires I /1• This instrument was drafted by: CITY OFSHgICppE City of Shakopee E 129 Holmes St. South NOV 2 Shakopee, MN 55379 2 1 1995 JUDY\WAIVER E C LS 1 V E }e" • 411: '1 4 tii 0 t ,, MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director YI,C. . SUBJECT: Downtown Streetscape, Project No. 1993-12 DATE: November 15, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is Resolution No. 4342, which adopts the assessments for the above referenced project. BACKGROUND: The Downtown Streetscape Project (1st Avenue from Holmes Street to Sommerville Street)has been completed and the final project costs have been identified. Included with the Downtown Streetscape Project is the construction of the parking lot on the Old Pelham Hotel site. The cost breakdown is as follows: Eng./Admin. Funding Source Construction Cost Cost Total Assessments $ 49,683.69 $ 8,741.98 $ 58,425.67 City Costs $297,629.61 $52,368.77 $349,998.38 Sanitary Sewer Fund $ 42,316.50 $ 7,445.71 $ 49,762.21 Storm Sewer Fund $ 20,367.00 $ 3,583.63 $ 23,950.63 SPUC Costs $ 73,533.85 $12,938.49 $ 86,472.34 TOTALS $483,530.65 $85,078.58 $568,609.23 The City costs include the parking lot construction, streetscape items and oversizing of the roadway from a 36 foot wide road to a 60 foot wide roadway. This is in accordance with past Downtown Streetscape Projects. The total amount being assessed is $58,425.67. Of this amount, $22,634.80 is for sewer service replacement, one water service replacement with the remainder assessment amount of$35,790.87 for street assessment. The feasibility report estimated $52,579.00 to be assessed. Attached is a revised assessment roll for Council review. Staff discovered that the purchase squarefor footage theMini-Bypassamounts in Block Therevis3 & 4ed didassessmenot take intoroll accountreflects the right-of-way . the current amounts. To calculate the amount of assessment for each property, staff utilized the same method that was used for the previous Downtown Streetscape Project. With this method, 70% of the assessed amount is applied to the adjusted front footage and 30% of the assessed amount is applied to the square footage. This method was developed to compensate for irregular and odd shaped lot sizes. Staff is recommending that this method be utilized for assessing this Downtown Streetscape Project also. Council will also find attached a pie chart showing the cost breakdown for your review. One letter of assessment appeal has been received by staff and is attached also for Council review and consideration. Staff has contacted this property owner and explained to him that the sanitary sewer assessment is for his service line only and not the sewer main which is being paid for with the Sanitary Sewer Fund. The property owner indicated that they would still be appealing their assessment. ALTERNATIVES: 1. Adopt Resolution No. 4342. 2. Deny Resolution No. 4342. 3. Table Resolution No. 4342. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4342, A Resolution Adopting Assessments for the Downtown Streetscape, Phase II, Project No. 1993-12 and move its adoption. BL/pmp MEM4342 • H H o 0 z Lu co 2o U U o U '- w Lu co Q Z co 0 0 co w 0 w Y a Q U W z IX O H, 0 O c0 a co IU 00 U 0 •- n a co a z M LL 0 CC Z LU D e 1-1- LU w Tr a CO a o o co o) F- U fX H I- 2" Q co gasc#1l g. �UUivari 5133 puggan Para btna, litinntoda 55430 [014 041-WIT November 10, 1995 Ms. Judith S. Cox City Clerk City of Shakopee 129 Holmes Street South Re: Streetscape Assessment Shakopee, Minnesota 55379-1351 - Parcel #27-001170-0 Dear Ms. Cox: I received the attached notice, dated October 27, of a hearing scheduled for November 21 on the proposed assessment for the Downtown Streetscape - Phase II project. As indicated, the proposed assessment to our property for the streetscape project is $2,112.91. Prior to the receipt of this notice, the only correspondence I had received regarding this project were notices of previous hearings regarding this project that were held on September 21, 1993 and May 17, 1994, both of which I attended. The only estimate of the costs to be assessed against our property for this work we ever received is an estimate that was distributed at the September 21, 1993 hearing. It indicated the following estimated costs for our parcel #27-001170-0: Frontage assessment $818.22 Square footage assessment 372.78 Sewer assessment +500.00 Total assessment $1,691.01 Although the addition was not accurate, it was close. Ms. Judith S. Cox -2- November 9,1995 When I received the October 27 notice, I called your office on November 6 to find out how this proposed assessment could exceed the original and only estimate by nearly 25% without the property owners being notified. You were not available at the time and my call was returned later by John DeLacy of the City's Engineering Department. Mr. DeLacy explained that they had encountered a problem with the bids for sewer work, which exceeded the original estimates by roughly 100%. He told me that the original estimates were based on previous bids for this kind of work at roughly $13 per running foot, but the bid for the sewer work on this project came in at approximately $26 per foot. He said that the overbudget bid was submitted to the city council and that "after discussions with some of the larger business owners involved" the city council approved the $26 per foot bid. I consulted my notes of the May 17, 1995 hearing, which indicate the following: "Only 25% of the cost of asphalt street will be assessed to property owners. None of the cost of lighting, sewer and water or sidewalks, curb, benches, nodes etc. will be assessed to property owners." Apparently this was said in spite of the fact that the September 1993 estimate did include a sewer assessment. Under the terms of Section 429.081, I wish to appeal this assessment. I hereby file this written objection based on the fact that the proposed assessment exceeds by nearly 25% the only estimate we have ever been given . Every one of the affected property owners--not just "some of the larger business owners involved"-- should have been contacted by the City of Shakopee regarding the overbudget bid for sewer work and given an opportunity to object to the increased cost before it was approved by the City Council. Sincerely, CITY OF SHAKOPEE Joseph F. Sullivan D NOV 1 3 1995 7 NOTICE OF HEARING ON PROPOSED ASSESSMENT Project No. 1993-12 Downtown Streetscape-Phase II TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Shakopee will meet at 7:30 P.M. or thereafter, on Tuesday, November 21, 1995, in the Council Chambers of the City Hall, 129 South Holmes Street, Shakopee, Minnesota to pass upon the proposed assessment for the following improvements,to-wit: Street reconstruction on 1st Avenue, from Holmes Street to Sommerville Street. The following area is proposed to be assessed,to-wit: All those properties lying within Blocks 3, 4, 23 and 24, Original Shakopee Plat, Section 1, Township 115,Range 23, Scott County,Minnesota. The proposed assessment is on file for public inspection at the Office of the City Clerk in City Hall, 129 South Holmes Street. Written or oral objections by any and all persons desiring to be heard will be considered at the hearing by the City Council v? The total cost to be assessed is$58,474.43. The total cost proposed to be assessed to your parcel number . 4 Joseph&Monica Sullivan 27-001170-0 �•'�F� 5133 Dugan Plaza is $2,112.91 �; Edina, MN 55435 - f/ DO NOT PAY NOW! tJ This amount is subject to change. A final assessment notice will follow after assessments are adopted by City Council. No interest will be charged if your entire assessments are paid to the City Treasurer at City Hall on or before 30 days from the date the assessments are adopted. One partial prepayment of at least $100.00 may be made prior to November 30, 1995. Assessments not prepaid within 30 days from the date adopted shall be subject to interest at the rate of 8.00 percent per annum. Any property owner wishing to appeal an assessment must file a written objection, signed by the affected property owner, with the City Clerk prior to the assessment hearing on November 21, 1995 or present a signed written objection to the presiding officer at the public hearing on November 21, 1995. Any property owner may appeal an assessment to District Court pursuant to Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City of Shakopee within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. Property owners should be aware that both of the procedures described in the former two paragraphs must be followed in order for an appeal to be valid. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or who is retired by virtue of permanent and total disability for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest shall be due within sixty days of the termination of the deferment. Any assessed property owner meeting the requirements of this law and the ordinance adopted under it may, within 30 days of the conformation of the assessment, apply to the City Clerk on the prescribed form for such deferral of payment of this special assessment on his/her property. Dated this 27th day of October, 1995. Judith S. Cox City Clerk CITY OF SHAKOPEE RESOLUTION NO. 4342 A Resolution Adopting Assessments For Downtown Streetscape - Phase II Project No. 1993-12 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.: Street reconstruction on 1st Avenue,from Holmes Street to Sommerville Street. All those properties lying within Blocks 3,4,23 and 24, Original Shakopee Plat, Section 1, Township 115,Range 23, Scott County,Minnesota. 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 benefited 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, 1996, and shall bear interest at the rate of 8.0 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, 1996 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 within3a �Y E �'days from the adoption of this resolution;the..Qwner 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 onassessments 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 , 1995. 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Z•&1// ,/ P a37 fs7L1 CITY OF SHAKO PEE Adir44 ,W.014-0) NOV ;l, 9 1995 ECE0VE NOTICE OF HEARING ON PROPOSED ASSESSMENT Project No. 1993-12 Downtown Streetscape-Phase II TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Shakopee will meet at 7:30 P.M. or thereafter, on Tuesday, November 21, 1995, in the Council Chambers of the City Hall, 129 South Holmes Street, Shakopee, Minnesota to pass upon the proposed assessment for the following improvements,to-wit: Street reconstruction on 1st Avenue, from Holmes Street to Sommerville Street. The following area is proposed to be assessed, to-wit: All those properties lying within Blocks 3, 4, 23 and 24, Original Shakopee Plat, Section 1,Township 115, Range 23, Scott County,Minnesota. The proposed assessment is on file for public inspection at the Office of the City Clerk in City Hall, 129 South Holmes Street. Written or oral objections by any and all persons desiring to be heard will be considered at the hearing by the City Council. The total cost to be assessed is$58,474.43. The total cost proposed to be assessed to your parcel number Wen En Xian 27-001038-0&27-001039-0 27-001038-0 $1,576.17 237 E. First Avenue E. is Shakopee, MN 55379 27-001039-0 $2,503.76 DO NOT PAY NOW! This amount is subject to change. A final assessment notice will follow after assessments are adopted by City Council. No interest will be charged if your entire assessments are paid to the City Treasurer at City Hall on or before 30 days from the date the assessments are adopted. One partial prepayment of at least $100.00 may be made prior to November 30, 1995. Assessments not prepaid within 30 days from the date adopted shall be subject to interest at the rate of 8.00 percent per annum. NOV 21 '95 16:39 KRASS & MONROE P.1 KRASS MONROE 4C KRASS MOseDE SCREDI MoxMtss & CIsSas, P.A. • Phillip R.'Crass •AT70RNE13 A7 LA* Ccrbfled Civil Trial Specialist • and Admitted in Wisconsin November 7, 1995 Mr. Dennis Kraft City of Shakopee Post-It"brand tax transmittal memo 7671 rr of ws;•s 129 South Holmes Street �] Shakopee, MN 55379 cO ' Dept. Re: Brambilla Condemnation I ■ Our File No. 1932-12 Dear Dennis: Just a note to confirm that the Brambillas are more than willing to discuss the city's acquisition of their building, and we would like to have that discussion as soon as possible. As I indicated to you, the city's notices to our tenants have induced them to seek accommodations elsewhere and will cost us a significant loss of income. The sooner we canresolve the acquisition issue, the less damage we are going to have in that regard. We are somewhat confused having received a notice of proposed assessment for the building you are acquiring. There is apparently a meeting before the city council on November 21, 1995, to consider an assessment of about$3,100 against this property. Our confusion comes from the city's simultaneous notices that it intends to acquire our property and raze the building, while suggesting that a public improvement project has increased the value of the building. Please accept this letter as a notice of objection as required under Minn. Stat. § 429. If you could give me a call sometime at your convenience and let me know the city's position on this assessment, it would be most helpful. Thank you. Very truly yours, KRASS ' I NRO' SCHMIDT MO SS = r��:SON, P.A. ',•1ip • ass PRKTed /Attorney at Law cc: Jack Brambilla B\BRA.. D.L.N21COR\KRAFT.PRK SCITE 1100 SOL'THPOINT OFFICE CE:NTEX • 1650 WEST 82,.0 STREET • ELUUYINGTON. MINI.ESOTA 55431.1447 TELEPHONE 612/885.5999 •.FAtsIM1tt 612/8855969 MEMORANDUM ?.1 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : November 17, 1995 RE: Annexation BACKGROUND: A portion of Marymark Cemetery and small strips of land near the cemetery were never annexed to the City. The land surrounding these areas was annexed years ago. It now is time to clean up this oversight, and annex the remainder of the cemetery and those small strips of land. State law requires that a public hearing be held on the annexation. Notices have been provided as required by law. Upon completion of the public hearing, the City Council may annex this land by ordinance. ALTERNATIVES : 1 . After the public hearing, annex the land. 2 . After the public hearing, choose not to annex the land. RECOMMENDATION: Move to adopt Ordinance No. 439, an ordinance declaring land to be annexed to the City. [17CCL] ORDINANCE NO. 439, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, DECLARING LAND TO BE ANNEXED TO THE CITY. WHEREAS, the land described in Exhibit A is completely surrounded by land within the present Shakopee City limits; and WHEREAS, this land is urban; and WHEREAS, the City has given 30 days' written notice by certified mail to the affected township and to all landowners within and contiguous to the area to be annexed; and WHEREAS, the City has not been notified of any objections to the annexation; and WHEREAS, the City has held a public hearing and all interested parties provided an opportunity to be heard. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the land described in Exhibit A, attached hereto and incorporated herein, is hereby declared to be annexed to the City. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . [17CCL] EXHIBIT A All that part of the Southeast Quarter of the Northwest Quarter (SE1/4 NW1/4) of Section 12, Township 115, Range 23 , Scott County, Minnesota, lying Northerly of the following described line : Commencing at the southeast corner of the East Half of the thence North 00°21' 44" West alongthe Northwest Quarter, East line of said East Half of the Northwest Quarter a distance of 1355 . 71 feet to the actual point of beginning of the line to be described; thence North 83°50' 50" West a distance of 357 . 92 feet to its intersection with the Southerly extension of the West line of Block 1, plat of Terrence Addition to Shakopee (as monumented) ; thence North 1°19' 20" West along said Southerly extension a distance of 33 .28 feet to the southwest corner of said Block 1; thence North 83°50' 50" West a distance of 80 . 69 feet to the Southeast corner of Block 2, Plat of Terrence Addition to Shakopee (as monumented) ; thence South 1°19' 20" East a distance of 33 .28 feet; thence North 83°50' 50" West a distance of 297 . 89 feet to its intersection with the Southerly extension of the West line of Block 2, Plat of Terrence Addition to Shakopee (as monumented) ; thence North 1°19' 08" West along said Southerly extension a distance of 33 . 28 feet to the Southwest corner of said Block 2; thence North 83°50' 50" West a distance of 80 . 69 feet to the southeast corner of Block 3, Plat of Terrence Addition to Shakopee (as monumented) ; thence South 1°19' 08" East a distance of 33 . 28 feet; thence North 83°50' 50" West a distance of 239 . 33 feet; thence South 00°06' 21" West a distance of 799 . 36 feet; thence North 89°06' 19" West a distance of 286 . 83 feet to the West line of said East Half of the Northwest Quarter and there terminating. [17CCL] Ell. • : / I I /// ... • • . • Z 00 01 > • Z n Z ....; :". > --I r- • • > 7) -( •-• 7,7 0 - ' • r -0 1 > r . . . . . . . 1 ..•..-n • .. \ C.) r1 . Z M '''':. ri \ (...) -( ..... . \\ ..1.-..• . •.. ,„•,-•-•., --: \*..ss: \,,,,,,,'4 ,•,,,.:\,.1.:',„:„\,k,,,, ,,.. cri \‘'.i...,,,. ••1 L s ' . . All \ \ \\ \ s\ 4 8 ell ,..., (.......)1 i I- ,:.....j ICJ)la Ill" 0 1 .,....::...• - _ rr, X 1 in MI ink I I I ''' 0 co Z x MI (f) ......7.:f7.1 rn to - V) MI ii ,,11 ISI\ I 111 S ill U III Vel A Yi •f.-..;.J •-• T.-- 11:1 rwi H co I-1 611 .-whil will H .:. , .,..„.„ .. ru rilrismailli 11111 z •,00.4.....g JD sl, 7.-±ral n "e; P1 Z .••••-,.,,,,,, ,- 1 1.•-• cr• C° X '42,31 •14:',',:t 1 > , .•.• 0 :. ...::...'.i 1 V Z -11'•,%. 1 .:. ... • . • .••:.: 1 1 .....: i a• I 1 1 _ a) .... .-.. \ /‘... / ••:::-...: . , ..:..••. ---%,..- --- :,... ... ...: . . •••xl, 1 9f1) MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director Pi,. SUBJECT: Alley in Block 48, Project No. 1994-1 DATE: November 14, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is Resolution No. 4343, which adopts the special assessments for the above referencedJro'ect. p BACKGROUND: This project was ordered to correct a storm drainage problem and to upgrade a deteriorated existing pavement. The alley construction is 100% assessed with the storm drainage work to be funded by the Storm Drainage Utility. The project has been completed and all project costs have been identified. The final project costs are $25,617.20 which consists of construction costs totaling $18,447.00 and Engineering/Administrative costs totaling $7,170.20. The feasibility report had estimated the project costs to be $10,243.75. Of this amount $9,463.93 will be assessed ($6,325.00 was estimated)and$16,153.27 will be funded with the Storm Drainage Utility($3,918.75 was estimated). While attempting to determine the reasons for the large difference in cost between the feasibility report and actual construction costs, staff located an accounting error that had been used in determining the proposed assessment. A portion of the Downtown Streetscape Project work was inadvertently included in the alley construction quantities. The notices sent out to the property owners indicated an assessment for a 60 foot frontage lot to be $1,271.75. The revised proposed assessment for a 60 foot frontage lot is $946.39. The feasibility report estimated for a 60 foot frontage lot to be $632.50. Further investigation into the cost difference showed a considerably higher amount for the actual construction costs. The high costs can be attributed to the lateness in the year when this project was bid. This project was bid along with the Downtown Streetscape Project. Some costs were also not identified in the feasibility report, such as restoration work for the storm sewer. One other cost overrun item that staff would like to discuss is Engineering/Administration. For feasibility report purposes staff estimates 25% of the construction costs for Engineering/Administrative costs. On street and utility work, 25% of the construction cost is usually adequate. However, in looking at alley construction, staff has found that Engineering/Administrative costs run considerably higher. For this particular project Engineering/Administrative costs are 38%. In future feasibility reports for alley construction, staff will be estimating Engineering/Administrative costs to be greater than 25% of the construction costs. A public hearing has been scheduled for November 21, 1995 to consider the special assessments. Attached is Resolution No. 4343 which adopts the special assessments for this project. Attached is a revised assessment roll for Council review. ALTERNATIVES: 1. Adopt Resolution No. 4343. 2. Deny Resolution No. 4343. 3. Table Resolution No. 4343. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4343, A Resolution Adopting Assessments for the Improvements to the Alley in Block 48, Original Shakopee Plat, Project No. 1994-1 and move its adoption. BL/pmp MEM4343 RESOLUTION NO. 4343 A Resolution Adopting Assessments For The Alley in Block 48, Original Shakopee Plat Project No. 1994-1 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: Grading,paving and storm sewer for the Alley in Block 48, Original Shakopee Plat, Shakopee,Minnesota. 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, 1996, and shall bear interest at the rate of 8.0 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, 1996 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 ttr the-Cotuty Treasurer the i :in,:process,a ct 1 Linn cw� 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 , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney PROPOSED ALLEY IN BLOCK 48 ASSESSMENT ROLL OCTOBER, 1995 REVISED NOV. 14,1995 LEGAL FRONT TOTAL PID # OWNER DESCRIPTION FOOT ASSESSMENT 27-001339-0 Julie Traft N 50' of Lot 1 60.00 $946.39 325 S. Fuller BIk. 48 Shakopee, MN 55379 Shakopee City 27-001340-0 Frank Schneider & Wife Lot 2 60.00 $946.39 127 W. 4th BIk. 48 Shakopee, MN 55379 Shakopee City 27-001341-0 Raymon & Marvel Siebenaler Lot 3 60.00 $946.39 119 W. 4th Blk. 48 Shakopee, MN 55379 Shakopee City 27-001342-0 William & Josie Norton W 1/2 of Lot 4 30.00 $473.20 338 S. Holmes Blk. 48 Shakopee, MN 55379 Shakopee City 27-001343-0 William & Josie Norton E 1/2 of 4 & 5 30.00 $473.20 338 S. Holmes Ex E 58' of N 54 Shakopee, MN 55379 1/2' of 5, BIk. 48 Shakopee City 27-001344-0 Emil Kubiszewski E 58' of N 54 1/2' 60.00 $946.39 324 S. Holmes of 5, Blk. 48 Shakopee, MN 55379 Shakopee City 27-001345-0 Charley B Inc. Lot 6 60.00 $946.39 11080 Oregon Curve Blk. 48 Bloomington, MN 55438 Shakopee City 27-001346-0 Valley Abstract & Title Lot 7 Ex. N 22.1' of S. 60.00 $946.39 2255 W. 145th St. 29.6' of E. 7.15' BIk. 48 Shakopee, MN 55379 Shakopee City 27-001347-0 Valley Abstract & Title Lot 8 60.00 $946.39 2255 W. 145th St. BIk. 48 Shakopee, MN 55379 Shakopee City 27-001348-0 Wade Kohlrusch Lot 9 60.00 $946.39 128 W. 3rd Avenue Blk. 48 Shakopee, Mn 55379 Shakopee City 27-001349-0 George Bango Lot 10 60.00 $946.39 5210 W. Monte Cristo Ave. Blk. 48 Glendale, AZ 85306 Shakopee City TOTAL 600.00 $1,463.9.3 COST PER FRONT FOOT $15.77 kvtica s S1247& F 14-1 -leA,k e /1 Aqf 54-1)-44,-7) -t&te-cz 11/ 6-3-3 7 7-/3S/ </0 e- , e-j, ,4, 3 ea,,r a3 , -48e-4-7:;G a°, t4 ,Lt ceL/1)r2'.Z�� .. 46,u / , / 9 e Ls_r u‘;6'to P ); � `7-IL i 11 • / c4--71'v , � 0 (4 ) t,yt , 6L,c�t I /oma x c� ,f,,,e)-6 i„,_ -:- )64, Wi_zt, . ' 1 ,//6't) e) 6••• 16. ' e: ,./ ap,/t CtL y ' , : I , , . . . I) I • _ }},k, C,,,,J, 9 / • / , t)'?" /-L-x) EA• ' , LAc -aLa4 --�^- 1 Vii? J , .PAti‘ k2 .111 Cj" /b dig . •AZYN. . 11L-E e A - & (YY\ e-tA-,LL, _ " arr, c4--t_A__-i ditTf 2t°- cl-eb-4-) /9 P id, We--1 11 f + l/3 AA W/L 41,1t/49 ( /L '(/ AlL$1 I / ) ,97 /' '-4 I A; /e ) - 71 f .,,46' ,O( v4 1941-; fAi4 . p ozi ,>71-e-<-c---' ),e-7/7,2e-. ,,,t) 54 E"-L , d&-te,n uCi ' •_ ‹ , i-33-(A) • CITY OF SHAKOPEE R NOV i 7 1995 , Q � •/�3� 1 NOV 17 1995 s(i i 4 LcdegAL ' , ir / .0 / , (2_,,, , ,} 5-(7?, w 1 ?-)/iit 4.4._67- ii-ry.6te-e- Ai 1 0 ' Y,i . 9 , s.c-30c J CONSENT /D Memo To: Dennis Kraft, City Administrator From: Terrie A.Thurmer,Assistant City Planner (f). Date: November 14, 1995 Re: Amendment to Public Mini-Storage Planned Unit Development Introduction Mr. Tony Sadat of North Imports is requesting an Amendment to the Public Mini-Storage Planned Unit Development(PUD). A copy of the November 9, 1995, Planning Commission staff report has been attached for your reference. Discussion The applicant is requesting the amendment to allow the construction of a 12 foot by 40 foot addition onto the north side of the existing office/shop. The addition is to be used as office space. The site is located at 1885 3rd Avenue, and is zoned PUD Overlay Zone No. 4. Alternatives 1. Approve the Amendment to the PUD. 2. Do not approve the Amendment to the PUD, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the amendment to the Public Mini- Storage inaStorage Planned Unit Development(Alternative No. 1), subject to conditions. Action Requested Offer Ordinance No. 4$1 , Fourth Series, Amending the Public Mini-Storage Planned Unit Development Overlay Zone No. 4, and move its adoption. i:lplanning1cc\1995\cc 1121\pudamin4.doc *Note - The Ordinance will be placed on the table for the November 21, 1995, meeting. 1 • Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: November 9, 1995 RE: Amendment to Public Mini-Storage Planned Unit Development Site Information Applicant: North Imports, Tony Sadat Location: 1885 3rd Avenue West Current Zoning: Highway Business (B-1) (See Exhibit A.) Adjacent Zoning: North: B-1 Highway Business South: B-1 Highway Business East: B-1 Highway Business West: Jackson Township/Light Industrial Comp. Plan: 1980: Commercial Draft 1995: Light Industrial Area: Approximately 3 acres. MUSA: The site is not located within the MUSA. INTRODUCTION Mr. Tony Sadat of North Imports has submitted an application for an Amendment to the Public Mini- Storage Planned Unit Development (PUD). The applicant is requesting the amendment to allow the construction of a 12 foot by 40 foot addition onto the north side of the existing office/shop. The addition is to be used as office space. The site is located at 1885 3rd Avenue, and is zoned PUD Overlay Zone No. 4. The purpose of the Planned Unit Development Overlay Zone (PUD) is to encourage innovation, variety and creativity in site planning and architectural design; to maximize parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors. Uses permitted in a PUD are limited to the permitted, conditional, and accessory uses allowed in the underlying zone, except as specifically authorized in the development plan. Uses may consist of one or a mixture of land uses as designated in the approved development plan. The City may place more restrictive conditions on the mixture of uses within a PUD to ensure preservation of the public health, safety, and welfare, compliance with the intent of the PUD chapter, and that land uses occurring within the PUD and between the PUD and the surrounding land uses, do not conflict. 1 Criteria for Granting a Planned Unit Development Application Section 11.83, Subd. 8, states that the City Council is required to its decision to grant or deny an application for a planned unit development upon the following factors: 1. Whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance (Section 11.50, Planned Unit Development Overlay Zone); 2. Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; and 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping BACKGROUND The Public Mini-Storage PUD was approved by the City Council in March of 1994. It covers 7.40 acres and is located on Outlot E, and part of Outlot D, Husman Addition. The applicant received approval for the original PUD in 1994 to construct 10 structures on Outlot E, Husman Addition; one office/shop structure; and nine mini-storage structures, each containing between 18 and 70 units. The Zoning Ordinance that was in effect during the early portion of 1994 required the approval of a PUD in order to construct more than one principal building on a lot. The revised Zoning Ordinance currently in effect allows more than one principal structure per lot as a Conditional Use. On June 20, 1995, the City Council approved an amendment to the PUD to allow a sales office and the repair of automobiles within the office / shop structure, and permitted the sale of used cars at the site. No changes to the structures were made. CONSIDERATIONS 1. The draft 1995 Comprehensive Plan has designated this area for Light Industrial development, and the site is zoned Highway Commercial (B-1). The purpose of the Highway Business District is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. 2. No open space is required for a commercial PUD, and no natural features were to be retained on this site. In order to develop the site as proposed, the applicant received approval of the following variances from the Zoning Ordinance that was in effect in early 1994: a) Section 11.03, Subd. 3.C, regarding Lot Provisions, which stated, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". b) Section 11.40, Planned Unit Development (PUD), Subd. 2.C, which stated that PUD sites must be served by City water and sewer services, except in the Rural Residential and Shoreland Zones. Since City services had not been extended to this site, the applicant installed a well and a septic system for the office / shop structure. 3. There are currently nine mini-storage structures on Outlot E, and each of these structures contain between 18 and 70 storage units. The applicant is not proposing any changes to these structures. However,with the approval of the PUD in June of this year, he is permitted 2 to perform automobile repair within the structure designated as "office/shop" in the original PUD application. 4. This "office / shop" structure is used as a sales office for the automobile sales lot which is located on the portion of Outlot D owned by the applicant, and located north of the existing "office / shop" structure. In addition, the applicant is currently a wholesale distributor of automobile glass and radiators in Minneapolis. The approval of the previous amendment allowed the applicant to open a second location at this site. The current amendment request is to construct a 12 foot by 40 foot addition onto the north side of this"office/shop" structure. 5. The Building Department has commented that building construction and sewer and water issues are reviewed for code compliance at the time of the review of the Building Permit. Scott County Environmental Health has commented that the existing sewage treatment system may need to be upgraded due to the additional sewage to be generated. 6. There is an existing drainage ditch in the southwestern area of the site which is used to drain water from the TH 169 right-of-way, as well as from the subject site. The Engineering Department is recommending that a drainage easement be dedicated over the areas containing the 100 year flood elevation. A condition has been recommended requiring this easement dedication. ALTERNATIVES 1. Recommend to the City Council the approval of the request for an amendment to the Development Plans. 2. Modify the recommended conditions, and then recommend approval of the amendment to the Development Plans to the City Council. 3. Recommend to the City Council the denial of the request for an amendment to the Development Plans. 4. Continue the public hearing and request additional information from the applicant and / or staff. STAFF RECOMMENDATION Staff recommends the approval of the request for an amendment to the Public Mini-Storage Planned Unit Development (Alternative No. 1), subject to the original conditions of approval, plus the following condition: 1. The applicant shall dedicate a drainage easement within the areas containing the 100 year flood elevation over the existing drainage ditch located in the southwestern portion of the site. Please note that a copy of the Ordinance 418, Fourth Series, which approved the Public Mini- Storage PUD, is attached as Exhibit C. This ordinance contains the original conditions of approval. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of an amendment to the Development Plan for the Public Mini-Storage Planned Unit Development, and move its approval. i:\pNanningtoaa-pc\pudammin.doc 3 . . . . _ - --- , .,.- ._ . „ . _ _ ,,. EXHIBIT A . _ -z... o i i . . \ /' 1..-... ..F .: \ li, a — w _ -----.--- Air---- 44m :_.:.::_r _.. ..:::::::i:ims::.:.:::.• ....5.041,• _ . ..,'-: _. giEli`Eir -4•,-..., -- _....„ ,..1,. .- et, . SUBJECT SITE > pif t esidl,,.. i t AG AG .:ULTURE .., el.. :.. :N.P... 1I RR RUR.2-_. RS!D'INTI.A'_ 0, o .... ...., di • El, 111119 roil= = R1A LOA. DENSITY RESIDNTIA.._ $, ill I" no az my R1 B URBAN RESIDENTIAL e "CPAlkia mess mug Elm RIC OLD SHAKOPEE RES:DEN • TA:i ot• . Ellin a rota nu R2 MED;UM DENSITY RESIDENTIAL rt-i-i rocs vim rig MIMI i R3 MULT:PLE FAMILY RES:DENT:AL min El a 11.1 NI woo mum =W._ V gni 1 ., osi mos Nom ism MIMI, •Allr i man MUM milt kai, .v :, B1 HIGHWAY BUSINESS .„.• ''''.x.=MI NUN Mtn III= IIIII nalm Ike 1; oupc;, IN NI NOM IIIIIM =in Elm in B2 OFFICE BiJSINESS El NMI MIN Mil man uni EMI i 1 EMI CUM MIMI ism aLui. "En • B3 CENTRAL BUSINESS . ikb. r• • u_i_j..__: tipLi4 ,,,,....,. rz:, .70 w voila CUM 0. i GI I CIIIIN =In MIll MEL Lie Elm I 1 LIGHT INDUSTRIAL La ...'"IM Mi Mimi Onii ani -- V*Al. In 1111111111 -- -- OEM i 12 HEAVY INDUSTRAL on NEM III= 11111111 MIMI MINN mrm a . ; •-,, 1 . , - Inn 'NA MO. IMIP1 7 ei ' =MI MEI mom mini EN . EN - t: 1 MR MAJOR RECREATION Le I 1111 WW1 iiiw; r,-/ Eli ita. 1111pc.• Nuou Now am Nam 111111E1 ' Ill = S SHOR=LAND • • - • r 14. I ..... I i .4.1• I 13 • , • . NM I 3 l a 's Ilia ' trbao a a tnn= ohilial .. , ; r r LL. .,A,..,,-)Li- DIS:RIC; 1 / I- I . 6 " I'7 b_., e , . •6 • i eon Empii. , '-''"' ?.,,k:.-;ATC)R.r Zoning Map . - . City of SHAKOPEE -7--- :(---: EXHIBIT B • Shakopee Public Storage RECEOVED 1885 West 3rd Ave. Shakopee,MN 55377 OCT 9 1995 Tel:445-4243 •••••••....a..a....... ...m..... mg.• 1# , i. a,,,;„ ,,,4, , ,,,,, c ,,, z• . _.. 0-n . .s..riZi•WW•W lh -hwSaeYii .f•Lt+.i ... _ r is• �,Y'S.. ..c <�F tr..;•c �-.{,-ss re.Y .9:%.a.. .-z-:.-•a c rrjr >"�"¢" ^`- '�'� ...= • .)�'i��" ;a'-•s, t•Ce 'eL'^^.y�"^i ►e+. - •t Y` _-....�r..+`.�' • —ter-�- ,..... tip EXHIBIT C ORDINANCE NO. 418, FOURTH SERIES AN ORDLNANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDLNG THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONLNG LAND COMMONLY I 'OWN AS THE PUBLIC MIi rI-STORAGE PLANNED UNIT DEVELOPMENT FROM HIGHWAY BUSINESS (B-1) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 4. WHEREAS, the Shakopee City Council did approve the Development Plans for the site commonly known as the Public Mini-Storage Planned Unit Development, on March 22, 1994; and WHEREAS, the owners of the land described on Exhibit A, commonly known as the Public Mini-Storage Planned Unit Development, submitted an application requesting an amendment to their Development Plans and rezoning from Highway Business (B-1)to Planned Unit Development; and WHEREAS, notices were duly sent and posted, and a public hearing was held on June 8, 1995, at which time all persons present were given an opportunity to be heard; and `VN KREAS, the Planning Commission voted to recommend approval of the amendment and the rezoning request to the City Council. Tari CITY COUNCIL OF lHE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.03 is hereby amended by rezoning land described on Attachment 1., commonly known as the Public Mini-Storage Planned Unit Development, from Highway Business(B-1)to Planned Unit Development Overlay Zone No. 4. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below: 1. The following variances from the Zoning Ordinance are approved: a) Section 11.40, Planned Unit Development (PUD), Subd. 2.0 which states that PUD sites must be served by City water and sewer services except in the R-1 and Shoreland zones. Since City services are not available to this site, a variance to this requirement allows the applicant to install a well and a septic system for the office / shop structure. (This was approved in the original Planned Unit Development on March 22, 1994.) • ..... .. - . •�:.. _... :_.:.:. .� -.�_-_•-_..e_-_:.�:�._eL:.__.�... —.:�.5.-.�aG..�.�4w �� _ _ _"s'f_ _ �' -__., - ter. 2. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". (This was approved in the original Planned Unit Development on March 22, 1994.) 3. The following procedural actions must be taken: a) A Development Agreement stating the conditions of approval of the Planned Unit Development must be filed with the Scott County Recorder. 4. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. 5. No unlicensed and/or inoperable vehicles shall be stored on the site, except within an enclosed structure or within a screened storage area. 6. All repair, assembly, disassembly, and maintenance of vehicles shall be conducted entirely within an enclosed structure, except for minor maintenance (tire inflation / wiper replacement). 7. The applicant shall install floor drains which empty into holding tanks. ,Disposal of this waste shall be off-site. 8. The approval of a "Change of Occupancy Permit" from the Building Department will be required prior to the approval of any Building/Grading Permits for the site. 9. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in.'.,vi .session of the City Council of the City of Shakopee, Minnesota, held this 4072'-'day ofL , 1995. UV Mayor of Ci y of Shakopee Attest: City Clerk Approved as to form: //20 City Attorney Published in the Shakopee Valley News on the Gj qday of , 1995. ATTACHMENT 1 Legal Description of the Public Mini-Storage Planned Unit Development Overlay Zone Outlot D, Husman Addition, EXCEPT... That part of Outlot D, Husman Addition, lying northeasterly of the following described line: Beginning at a point on the southeasterly line of said Outlot D, distant 342.62 feet southwesterly of the most easterly corner of said Outlot D; thence northwesterly to a point on the Northerly line of said Outlot D, distant 391.92 feet westerly of the most easterly corner and there terminating. • AND That part of Outlot E, Husman Addition, according to the recorded plat thereof, lying easterly of the west line of Government Lot 7, Section 2, Township 115, Range 23, Scott County, Minnesota. - x�,,,�n<µ+.i. a. sn4i ?,.-e Lr42 --,-;- •- , . OP m-a m PR • N. I / f" 7 \------- '....."....5e,/• f Z I il/ / N • I �o 11 I I / .144`411 I / . (/ Ili .. n�J in i� v / II / ' --- c--.1..., 1— ) (I W.! g I f 1 1 'f- )? ) ol / NI WI C) ••••... 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Is k tl_. t-i ..f.:, ti 1-- k\ .----- ‘f.. ,z ll\,\\\1 \ \\:\\\\\\-\\-\ \ t q ,1 z 113 1-=-2. 4.1 i t • 1 -# 6: - 01 �� *1 4 � k 4 ; ,o °:4 .13 ‹q Ir\ , z 0 41 )gtif .�i. r' II • a st .. 7 To..1 7 t 23 1 rn „p Au. 3 x d 'Z 1 g. t n 0 t t Av z -.1.--- � -1 \\- v` o 3 V —2 Cril t .ff q •,. A W. a. 41- C'.) - 1 N ItitIt u ,n 0 - -, 00 R :i •,a1 m i. , i . , , , , , l0a ORDINANCE NO. 436, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 418, AN ORDINANCE REZONING LAND TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 4, BY APPROVING A REVISED SITE PLAN AND REQUIRING AN ADDITIONAL EASEMENT. WHEREAS, the owners of the land described on Exhibit A, commonly known as the Public Mini-Storage PUD, submitted an application requesting an amendment to their PUD; and WHEREAS, notices were duly sent and posted, and a public hearing was held on November 9, 1995, at which all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the amendment to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That Ordinance No. 418, an Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11 . 03 by Rezoning Land Commonly Known as the Public Mini-Storage Planned Unit Development From Highway Business (B-1) to Planned Unit Development Overlay Zone No. 4, is hereby amended by replacing the site plan with the new site plan attached hereto as Exhibit D. Section 2 - That the approval of the change in site plan is conditioned upon the property owner dedicating a drainage easement within the areas containing the 100 year flood elevation over the existing drainage ditch located in the southwestern portion of the site. Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . /0 43 CONSENT Memo To: Dennis Kraft, City Administrat;r From: Julie Baumann, Planner I �`� Meeting Date: November 21, 1995 1 Re: Amendment to the Minnesota Valley Health Campus Planned Unit Development Introduction Health Dimensions has submitted an application for an Amendment to the Minnesota Valley Health Campus Planned Unit Development(PUD). The applicant is requesting an amendment to the development plans regarding the long term care facility to be located on Lot 5, Block 1, of the Final Plat for St. Francis Medical Campus. The applicant is requesting the amendment in order to modify the following elements of the long term care facility: • To reduce the size of the long term care facility from 50,000 square feet to 32, 072 square feet; • To relocate the driving and parking areas from the northern portion of the lot to the southern portion of the lot; and • To reconfigure the footprint design of the principal structure. A copy of the November 9, 1995, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Amendment to the Minnesota Valley Health Campus Planned Unit Development(as illustrated in Exhibit C). 2. Do not approve the Amendment to the Minnesota Valley Health Campus Planned Unit Development (as illustrated in Exhibit C), stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Amendment to the Minnesota Valley Health Campus Planned Unit Development(as illustrated in Exhibit C) (Alternative No. 1), subject to the original conditions of approval. Action Requested Offer Ordinance No. 433, and move its adoption. Note: The Ordinance will be placed on the table for the November 21, 1995, meeting. i:\planninglcc\1995\cc1121\pudstfin.doc i• k Memo To: Shakopee Planning Commission From: Julie Baumto Meeting Date: November�Planner I ' 9, 1995 RE: Amendment to No. 1 to the Minnesota Valley Health Campus Planned Unit Development INTRODUCTION Resolution No. 4120 approving the preliminary ment and final development plans for Minnesota, Valley Health Campus Planned Unit Develo P (PUD) were approved by the City Council on November 15, 1994 (Exhibit A). The applicant is requesting an amendment to the development plans regarding the long term care facility to be located on Lot 5, Block 1, of the Final Plat for St. Francis dmg dical Campus. DISCUSSION The original development plans for the PUD allowed for the construction of a long term care facili measuring 50,000 square feet in size and for the driving and parking ark eas be located on the portion of Lot 5, Block 1, St. Francis Medical Campus. The original lans or Lo northern Block 1, St. Francis Medical Campus are attached as Exhibit B. t 5, The applicant is requesting an amendment to the original development plans in order to mo following elements of the long term care facility: the • To reduce the size of the long term care facility from 50,000 square feet to 32,072 square feet; • To relocate the driving and parking areas from the northern portion of the lot to the southern portion of the lot; and • To reconfigure the footprint design of the principal structure. Attached as Exhibit C are the drawings that illustrate the proposed mod' the applicant's submittal is difficult to read at this scale. An enlarged co i will ns. Staff apologizesC City H ifl and at the meeting. copy will be available at City Hall ALTERNATIVES 1. Recommend to the City Council the approval of an amendment to the development plans illustrated in Exhibit C. as 2. Recommend to the City Council the denial of the an amendment to the developmentplans illustrated in Exhibit C. p as 3. Continue the public hearing and request additional information from the applicant and/or staff. STAFF RECOMMENDATION Staff recommends the approval of the request for an amendment to the Minnesota Valley Health Campus Planned Unit Development, as illustrated in Exhibit C (Alternative No. 1), subject to the original conditions of approval. Jthe 1 ACTION REQUESTED Offer a motion to recommend to the City Council, the approval of an amendment to the Minnesota Valley Health Campus Planned Unit Development, as illustrated in Exhibit C, subject to the original conditions of approval, and move its approval. ''pTM,u -pc1199Spc 11091pudainstedoo 2 • •i EXHIBIT A RESOLUTION NO. 4120 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE MLNNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Development Plan for the Minnesota Valley Health Campus Planned Unit Development on October Sth and October 20th, 1994, and has recommended its approval; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Development Plan for the Minnesota Valley Health Campus Planned Unit Development on November 3, 1994, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Development Plan have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, 1.tit.REFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Development Plans for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter(SE 1/4) of the Northeast Quarter(NE1/4): The North 21.15 feet of the Northeast Quarter (NE1/4) of the Southeast Quarter SE 1/4) and the South Half(51/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter(NEI/4), Section 18, Toi,'nship 115, Range 22, Scott County, Afinnesota; is hereby approved, subject to the following conditions: 1. The following variances are approved: A. (3) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet: A 50 foot variance to the 50 foot front yard setback requirement is approved for the proposed principal structure on Lot 1, Block 1, so that the St. Francis Regional Medical Center may be attached to the Park Nicollet Medical Center (zero setback). A 10 foot variance to the 50 foot front yard setback requirement is approved for the proposed accessory structure on Lot 1, Block 1, so that the maintenance garage may be constructed 40 feet from the east lot line. A 50 foot variance to the 50 foot front yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior front lot line. DESIGNATES CONDITIONS APPLICABLE TO LOT 5,BLOCK 1, ST. FRANCIS MEDICAL CAMPUS • • B. (3) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. A 40 foot variance to the 450. 0 foot rear yard setback requirement is approved for the structure on Lot 6, Block 1, so that the Park Nicollet Medical Center may be attached to the St. Francis Regional Medical Center (zero setback). A 40 {20) foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 3, Block 1, so that the Long Term Care facility may be connected to St. Francis Regional Medical Center (zero setback) {located 25 feet from the rear lot line). A 40 foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 5, Block 1, so that the "Medical Office Building" may be attached to the St. Francis Regional Medical Center (zero setback). C. (4{3}) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. Three 15 foot variances to the 15 foot side yard setback requirement are Xapproved for Lots 1, 3, 5, and 6, Block 1, so that the Park Nicollet Medical Center, the Medical Office Building, and the Long Term Care Center may be attached to the St. Francis Regional Medical Center (zero setback). A 15 foot variance to the 15 foot side yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior side lot lines. D. (1) Section 4.30, Subd. 4, regarding Signage Allowed within the Multi-family Residential (R-4) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the "Site Signage Plan", as proposed with the Final Development Plan for the PIanned Unit Development. E. (1) Section 11.03, Subd. 3.A, Item 1, regarding required frontage on a public right-of-way. A variance to this portion of the Zoning Ordinance is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior front, rear, and side lot lines. 2. The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south and east street projects. • 3. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply vtith the Landscape Plan submitted as part of the Final Development Plan, which conforms to Section 11.60, Perfolnance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994, for Landscaping Requirements, including: 1) Fifteen percent (15%) of the lot must be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area • over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees I-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons • 4) If healthy landscaping of acceptable species exists on a site prior to • development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance,.pith this section during the first year after planting. 4. The following requirements regarding easements and operational agreements shall be required: A. Each lot shall have its ow n water service, and sanitary and storm sewer services. • • B. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement. ti D. An access easement shall be required to allow access to Lot 5, Block 1. This access easement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. E. An operational agreement for the maintenance, parking, landscaping, and other Zoning Ordinance requirements shall be required. This operational agreement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. 5. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1) The Preliminary Grading and Drainage Plan; 2) The Erosion Control Plan; 3) The Stormwater Management Plan, including the stormwater calculations; and 4) The Final Construction Plans for all public improvements. C. Approval of the Final Development Plan is contingent upon the approval of the following Utility Plans by Shakopee Public Utilities: 1) Utility Plan, Phase 1 Initial Buildout; and 2) Utility Plan, Phase 2 Expansion. 6. Unless otherwise noted in the conditions of approval, or modified to get approvals under Paragraph.5 above, the Planned Unit Development shall comply with the Preliminary and Final Development Plans attached as Exhibit A, labeled, "Site Plan: Phase 1 Initial Buildout"; Exhibit B, labeled, "Site Plan: Phase 2 Expansion; Exhibit C, labeled, "Open Space Plan"; Exhibit D, labeled, "First Floor Reference Plan"; Exhibit E. labeled, "Second Floor Reference Plan"; Exhibit F, labeled, "Exterior Elevations"; Exhibit G, labeled, "Lighting Plan: Phase 2 Expansion Buildout"; Exhibit H, labeled. "Site Signage Plan: Phase 2 Expansion"; Exhibit I, labeled, "Landscape Plan: Phase 1 Initial Buildout"; and Exhibit J, labeled, "Landscape Plan: Phase 2 Expansion". BE IT FUR IHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in aril , j)2A- • session of the City Council of the City of Shakopee, Minnesota, held this Ac day of /Y r, ar,.�wlj , 1994. 41)0Datz.f4 Mayor off'hie City of Shakopee Attest: voa, City Clerk •Approved as to form: City Attorney Lot 5, Block 1EXHIBIT B St. Francis Medical Campus 7 '1 ( 1111 ( 11 ( 111 ( ; `r : ,. • L J r.ibri.--RH fy H-11.--1-11-1.19 .i C *--.1 », • 1111111111.1,1 .....-t I ! LGnPM c w a .........1 N I ,F I N rH z Q_ i J-- .______ • 11114f NORTH EXHIBIT C Lot 5, Block 1, St. Francis Medical Campus j I ,' ....:gm ,it.' b I I /77-941 ....0"....' \ • ; LOT 6 1 1 1 Itf),_— arrgryer snot l\ 411$171i 1 ,..• e • • ` 1i I - rX Uri yI v w .SZ L 0 T 5 �!; h fit[ I I \ CAMPUS1.�'-- I.IL i \ ,. . E D 1 A A ' At CIS [ .�.-� ". 41 r f -/nw iw.. ttitttt�tlttttt� I . '" � o M ...7. 2.0. II! H or : . irI AN.W c I P , IT--- 7d7.--, ...-!..;"-- 0 ter. 1 dr. MII O 1 V' ,..} ' 4 &VII ( ;�� w�� t 14 L 0 T 7 `a�rrt efts i. rr2t^ ,t/ _•,evAlr.:14.!!11.111.WallM ���9.�• • efst/frV "i. 1°1.4 1+ I AY�j '._ _IJ n. LOT . aim= 4 I. ; stwwfw . an I "CA Valli* •/rsrrYt1/• 1 leest�el�er r e� • NORTH RD k) ORDINANCE NO. 433, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND COMMONLY KNOWN AS THE MINNESOTA VALLEY HEALTH CAMPUS FROM B-2 TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 6 . WHEREAS, the owners of the land described on Exhibit A, commonly known as the Minnesota Valley Health Campus, submitted an application requesting rezoning from B-2 to Planned Unit Development; and WHEREAS, notices were duly sent and posted, and a public hearing was held on November 3, 1994, and amendments considered at a public hearing on November 9, 1995, at each of which public hearing all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11. 03 is hereby amended by rezoning land described on Exhibit A, commonly known as the Minnesota Valley Health Campus, from B-2 to Planned Unit Development Overlay Zone No. 6 . Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1 . The following variances are approved: A. Variances from Cit Code Sec. 11 . 38, Subd. 5 .C, regarding front yard setback of 30 feet : A 30-foot variance to the 30-foot front yard setback requirement is approved for the proposed principal structure on Lot 1, Block 1, so that the St . Francis Regional Medical Center may be attached to the Park Nicollet Medical Center (zero setback) . A 30-foot variance to the 30-foot front yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior front lot line. B. Variances from City Code Sec. 11 . 38, Subd. 5 . C, regarding rear yard setback of 30 feet : Ae 30-foot variance to the 30-foot rear yard setbackuirement is approved r q for the structure on Lot 6, Block 1, so that the Park Nicollet Medical Center may be attached to the St . Francis Regional Medical Center (zero setback) . A 30-foot variance to the 30-foot rear yard setback requirement is approved for the structure on Lot 3 , Block 1, so that the Long Term Care facility may be connected to St . Francis Regional Medical Center (zero setback) . A 30-foot variance to the 30-foot rear yard setback requirement is approved for the structure on Lot 5, Block 1, so that the Medical Office Building may be attached to the St . Francis Regional Medical Center (zero setback) . C. Variances from City Code Sec. 11 . 38, Subd. 5 .C, regarding the side yard setback of 20 feet : Three 20-foot variances to the 20-foot side yard setback requirements are approved for Lots 1, 3, 5, and 6, Block 1, so that the Park Nicollet Medical Center, the Medical Office Building, and the Long term Care Center may be attached to the St . Francis Regional Medical Center (zero setback) . A 20-foot variance to the 20-foot side yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior side lot lines. D. A variance to City Code Sec. 11. 70, Subd. 10, regarding signage allowed within the highway business, office business, and major recreation zones to allow compliance with the Site Signage Plan as proposed with the Final Development Plan for the Planned Unit Development . E. A variance to City Code Sec. 11 . 81, Subd. 13 .A, regarding required frontage on a public right-of-way, to allow the Medical Office Building on Lot 5, Block 1 to be constructed with a zero setback from the interior front, rear, and side lot lines . 2 . The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south, and east street projects. 3 . The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with the Landscape Plan submitted as part of the Final Development Plan, which conforms to Section 11 . 60, Performance Standards, Subd. 8 . Using the minimum landscaping requirements, the applicant would be required to plant a minimum of 252 units on the PUD site . 4 . The following requirements regarding easements and operational agreements shall be required: A. Each lot shall have its own water service, and sanitary and storm sewer services . B. All private utility easements shall be shown on a recorded easement . This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement . D. An access easement shall be required to allow access to Lot 5, Block 1 . This access easement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. E. An operational agreement for the maintenance, parking, landscaping, and other Zoning Ordinance requirements hall be required. This operational agreement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. 5 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1 . The Preliminary Grading and Drainage Plan 2 . The Erosion Control Plan; 3 . The Stormwater Management Plan, including the stormwater calculations; and 4 . The Final Construction Plans for all public improvements . C. Approval of the Final Development Plan is contingent upon the approval o the following Utility Plans by Shakopee Public Utilities; 1 . Utility Plan, Phase 1 Initial Buildout; and 2 . Utility Plan, Phase 2 Expansion. 6. Unless otherwise noted in the conditions of approval, or modified to get approvals under paragraph 5 above, the Planned Unit Development shall comply with the Preliminary and Final Development Plans attached to Resolution No. 4120 as Exhibit A, labeled, "Site Plan: Phase 1 Initial Buildout" ; Exhibit B, labeled, "Site Plan: Phase 2 Expansion; Exhibit C, labeled, "Open Space Plan" ; Exhibit D, labeled, "First Floor Reference Plan" ; Exhibit E, labeled, "Second Floor Reference Plan" ; Exhibit F, labeled, "Exterior Elevations" ; Exhibit G, labeled, "Lighting Plan: Phase 2 Expansion Buildout" ; Exhibit H, labeled, "Site Signage Plan: Phase 2 Expansion" ; Exhibit I, labeled, "Landscape Plan" Phase 1 Initial Buildout" ; and Exhibit J, labeled, "Landscape Plan: Phase 2 Expansion" . However, to the extent that Exhibit C to this ordinance is inconsistent with those listed in this paragraph, Exhibit C to this ordinance shall control . 7 . The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Final Development Plan for the Planned Unit Development . Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . 10. 0 Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer,Assistant City Planne . Date: November 21, 1995 Re: Proposed Zoning Ordinance Text Amendment to add the Retail Sales of Nursery and Garden Supplies as a Conditional Use within the Rural Residential(RR)Zone. Although the Planning Commission recommended the denial of this text amendment request, it also initiated the rezoning of the 40 acre site owned by the applicant from Rural Residential to Agricultural. The applicant is in support of this action, and the public hearing regarding the rezoning issue is scheduled for the December 7, 1995, meeting of the Planning Commission. Due to these circumstances, the City Council may wish to consider placing this item on the Consent Agenda. If it chooses to do so, the Action Requested would be as follows. Action Requested 1. Offer a motion to deny the text amendment request; and 2. Direct staff to take the actions necessary to implement the Planning Commission's motion to initiate rezoning Minnesota Green's 40 acre site from Rural Residential to Agricultural. is planninglcc\1995' c11211textgar2.doc 1 Memo To: Dennis Kraft, City Administrator From: Ter ie A. Thurmer,Assistant City Planner 14 4 Date: November 14, 1995 rsery Re: Proposed Zoning Ordinance Text Amendment to add the Retail Sales and Garden Supplies as a Conditional Use within the Rural Residential f(RR)Zo e. Introduction Minnesota Green Landscaping, Inc. has requested an amendment to add the re and garden supplies as a Conditional Use within the Rural Residential (RR) Zone sil aleA ccopy of the of nursery November 9, 1995, Planning Commission staff report has been attached foryour Discussion reference. Staff recommended the denial of this request becauSe the criteria for the granting text amendment could not be met. 9 g of the on consider initiating the rezoning of the applicant's However, ty (40) acre site staff also recommended that the requested Agricultural Preservation (AG)where retail sales are ermitted as a Condi Rural Residential (RR)to Conditional Use. The 40 acre site that is owned by the applicant is adjacent to land presently rezoning of the site to AG would be in conformance with the Land Use Chapter of the Comprehensive Plan, and it would allow the applicants to continue their nursery operation, while zoned AG. The allowing them to apply for a Conditional Use Permit for the "retail sales draft 1995 supplies". sof nursery and garden Although the Planning Commission recommended the denial of the text amendment City Council, it also initiated the rezoning of the 40 acre site owned by the applicant hearing regarding this rezoning issue is scheduled for the request to the Planning Commission. Decem bar 7, 1995meeting o public Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds the following criteria exists. The draft findings of the Planning Commission havevone more of below: beenn provided Criteria#I That the original Zoning Ordinance is in error; Draft Finding#1 The original Zoning Ordinance may be in error. Although e retail nursery and garden supplies is allowed as a Conditional Use within the sales of Agricultural Preservation Zone, it is not listed as a Conditional Use within the Rural Residential Zone. Criteria#2 That significant changes in commun' place; KY goals and policies have taken Draft Finding#2 The proposed amendment is a policy decision. The retail sales and garden supplies is currently a Conditional Use within the Agriculturaly Preservation Zone. The City Council should determine whether significant changes in policies have taken place that would necessitate allowing this as a Conditional Use within the Rural Residential Zone as well. 1 Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Draft Finding #3 There have been no significant changes in City-wide or neighborhood development patterns. Criteria#4 That the comprehensive plan requires a different provision. Draft Finding #4 The proposed change is a policy decision and not the result of conflict with the Comprehensive Plan. The text amendment appears to be consistent with both the 1980 Comprehensive Plan and the 1995 draft Comprehensive Plan. Alternatives 1. Amend Chapter 11 as requested by the applicant. 2. Modify the proposed amendment, and approve the revised text amendment to Chapter 11. 3. Do not amend Chapter 11. 4. Table the decision and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended Alternative No. 3, the denial of the text amendment request. However, it also initiated the rezoning of the 40 acre site from the Rural Residential (RR) Zone to Agricultural Preservation (AG). Action Requested Offer a motion to direct staff to prepare the appropriate ordinance to amend Section 11.24, Subd. 3, to allow the retail sales of nursery and garden supplies as a Conditional Use within the Rural Residential (RR)Zone, and move its approval. NOTE: If the City Council concurs with the recommendation of the Planning Commission, the Council should vote against the motion. i:lplanning`cc119951cc11211textgard.doc 2 s, Memo To: Shakopee Planning Commission From: Terrie A. Thurmer,Assistant City Planner . Meeting Date: November 9, 1995 Re: Proposed Zoning Ordinance Text Amendment to add the Retail Sales of Nursery and Garden Supplies as a Conditional Use within the Rural Residential (RR)Zone. Introduction Minnesota Green Landscaping, Inc. is requesting an amendment to add the retail sales of nursery and garden supplies as a Conditional Use within the Rural Residential (RR) Zone. The purpose of the Rural Residential Zone is to allow low-density residential development in areas which are not served by municipal urban services. Background Section 11.02 defines "Retail"as, 'The sale of goods or services directly to the ultimate consumer': Although both the Agricultural Preservation Zone (AG) Zone and the Rural Residential (RR) Zone allow forestry and nursery uses as Permitted Uses, the retail sales of nursery and garden supplies is allowed as a Conditional Use only within the AG Zone. Section 11.86, Subd. 2, Item AA lists the following as Conditional Use Permit Specific Standards for the retail sales of nursery and garden supplies: 1. Shall have adequate off-street parking based on the usual number of employees and customers per day; 2. Shall have immediate removal and sanitary disposal of dead or diseased plant materials; and 3. Shall have no over-night storage of equipment used for planting or transplanting landscaping materials. The applicant is requesting that the retail sales of nursery and garden supplies be added as a Conditional Use within the Rural Residential Zone. (See Exhibit A.) If this request were approved, the requirements of Section 11.86, Subd. 2, Item AA (listed above) would be applied to approved Conditional Use Permits. Exhibit B contains the sections of the Rural Residential Zone as the text currently exists. The Zoning Ordinance Text Amendment proposes to add Item "G. retail sales of nursery and garden supplies"to Section 11.24, Subd. 3 (Rural Residential Zone Conditional Uses). Since the forty (40) acre site that is owned by the applicant is adjacent to land presently zoned Agricultural Preservation (see Exhibit D), the Planning Commission may want to consider initiating the rezoning of the Minnesota Green Landscaping site from Rural Residential (RR) to the Agricultural Preservation Zone(AG). The rezoning of the site would still be in conformance with the Land Use Chapter of the draft 1995 Comprehensive Plan, and it would allow the applicants to continue their nursery operation (forestry and nursery uses are a permitted use within both the Agricultural Preservation Zone and Rural Residential Zones) while allowing them to apply for a Conditional Use Permit for the "retail sales of nursery and garden supplies': 1 Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criteria#I That the original Zoning Ordinance is in error; Draft Finding# 1 The original Zoning Ordinance may be in error. Although the retail sales of nursery and garden supplies is allowed as a Conditional Use within the Agricultural Preservation Zone, it is not listed as a Conditional Use within the Rural Residential Zone. Criteria#2 That significant changes in community goals and policies have taken place; Draft Finding#2 The proposed amendment is a policy decision. The retail sales of nursery and garden supplies is currently a Conditional Use within the Agricultural Preservation Zone.The Planning Commission should determine whether significant changes in policies have taken place that would necessitate allowing this as a Conditional Use within the Rural Residential Zone as well. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Draft Finding #3 There have been no significant changes in City-wide or neighborhood development patterns. Criteria#4 That the comprehensive plan requires a different provision. Draft Finding #4 The proposed change is a policy decision,and not the result of conflict with the Comprehensive Plan.The text amendment appears to be consistent with both the 1980 Comprehensive Plan and the 1995 draft Comprehensive Plan. Alternatives 1. Recommend to the City Council that Chapter 11 be amended as requested by the applicant. 2. Modify the proposed amendment, and recommend to the City Council the approval of the revised text amendment to Chapter 11. 3. Recommend to the City Council that Chapter 11 not be amended. 4. Initiate the rezoning of the 40 acre site from Rural Residential (RR) to the Agricultural Preservation Zone (AG). 5. Table the decision and request additional information from the applicant and/or staff. 2 Staff Recommendation Staff recommends Alternatives 3 and 4, to recommend while initiating the rezoning the denial of the text Preservation Zone of the 40 acre site from amendment request, (AG). Rural Residential (RR) to the A Action Requested9�cultural Offer a motion to recommend to the City Council the recommended alternative, and move its ` """ ba81 1d dx 3 . ;--",--_ (t---. Ei EXHIBIT A -y-pro) iiriViirinesota OCT 1 6 1995 een ........_______..... Landscapppg: October 16, 1995 To: City of Shakopee Re: Zoning Amendment Request We at Minnesota Green Landscaping, Inc. have located here in Shakopee for the past eight years. We 've noticed a marked increase in demand for homeowner landscape p pro- ducts and services in the area. With the increased growth now and expected future growth of residential as well as commercial property, Minnesota Green would like to further meet the needs of our growing community. By expanding our services to include light retail, we can better serve the Shakopee area as well as offer jobs to our community res- idents. Offering services to homeowners of large fully landscaped lots to self-done small garden owners is our goal. In closing, Minnesota Greens increased retail bus- iness would benefit the Shakopee community. Sincerely, 0,te== ________ Gary St-nson, President John 1ristoferso , Vice-President 5z -' 1785 West County Road 42 • Shakopee, Minnesota 55379 • 612/496-3105 3 11 . 24 _ EXHIBIT B SEC. 11.24. RURAL RESIDENTIAL ZONE (RR). Subd. 1. Pur Dose The purpose of the rural residential zone is to allow low-density residential development in areas which are not served by municipal urban services. Subd. 2. Permitted Uses. Within the rural residential zone, no structure or land shall be used except for one or more of the following uses: A. single family detached dwellings; B. agricultural uses; C. forestry and nursery uses; D. utility services; E. public recreation; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or • l• residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the rural residential zone, no structure or land shall be used for the following uses except by conditional use permit A. churches and other places of worship; B. home occupations; C. cemeteries; D. commercial recreation, minor; E. seasonal produce stands when the principal use of the property is agricultural; F. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; G. riding academies; H. utility service structures; I• day care facilities serving 13 through 16 persons; J. residential facilities serving from 7 through 16 persons; pave rwiaod in 1995 1114 § 11.24 K. wind energy conversion systems or windmills; L. relocated structures; M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the rural residential zone, the following uses shall be permitted accessory uses: A. garages; B. fences; C. gardening and other horticultural uses not involving retail sales; D. one lodging room per single family dwelling; E. recreational equipment; F. machinery and structures necessary to the conduct of agricultural operations; G. stables with not more than two horses per 2-1/2 acre; H. swimming pools; !. solar equipment; J. receive only satellite dish antennas and other antenna devices; K. tennis courts; or L. • other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: one dwelling per 10 acres. B. Maximum impervious surface percentage: 30% C. Lot specifications: Minimum lot width: 150 feet Minimum lot depth: 200 feet pow n.u.d n 1493 1115 § 11 .24 Minimum front yard setback: 50 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. Setback for accessory machinery and buildings necessary to the conduct of agricultural operations: 100 feet from all lot lines. D. Maximum height: No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 288, February 16, 1990; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994) SEC. 11.25. Reserved. • (The next page is 1125.) • paps wisad in/995 1116 • EXHIBIT C § 11.22 SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; • G. public recreation; H. public buildings; 1. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or . structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research p.p. n 1945 -------__ 111 _. § 11 .22 regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; 1. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor, K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or R. 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 agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; pag.ri ia.d n 1995 1112 ---—-------- -_ -- - --_ _ -- - _ - --- _---- § 11.23 t. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: one dwelling per 40 acres. B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. C. Maximum height 2-1/2 stories or 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. • _ B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989;Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994) SEC. 11.23. Reserved. p.Q.r..:,.d:,1993 - -------- ----__--- -- - 1113 - ,_ , .. ., t,.... ..; EXHIBIT D • ., ,._, B2 " , iv) ! d' _/ I 16 I AG 1 - 111'4 :,nr;r__,,,,... / _... v....,Vni WADf • AG . RR u ►G Z1. tIE---N RR i. is=< 9 ilk • . mesgm ii::ii§ri:i:mi:iii:::::w:K. [ ::::::4,::::=0:4::.::.::: ::::::i:::x::::k*,,,, ... !, ir 1 is , . . • . g , RR d. •_ R R - x V 1 1 1 l AG A.GR.OULTURE , 1 I R1A LO.; DENSITY RESIDE". _ l 1 R18 URBAN RESIDE".—:AL ! 1 RIC OLD SHA(OPEE RESD_ .-- — 1 1 R2 M_D:UM D_NS:TY PES .'_NT. .— I I R3 N'LLTPLE F•M!_" YES:-,— T —` AG l 1 B1 H;GH'IIAY BUS; :_SS 1 1 82 OFFICE BUS!N SS 1 1 B3 CENTRAL RAL BUS"NESS . f 111 LIGHT INDUSTR'AL 1 1 12 HEAVY INDUSTR:.�.'_ 1 1 MR MAJOR RE CR \8, 1 1 S S-nRi .%D r- : 1 F r_COD, L.N D:S -�I:. — ,.,=: ::...7�::::. , , -..-, Zoning, Map City of SHAKOPEE / Oct CONSENT Memo To: Dennis Kraft, City Administrator From: Terre A. Thurmer,Assistant City Planner Date: November 14, 1995 Re: Proposed Zoning Ordinance Text Amendment to Amend the Performance Standards for Retail Centers in the Highway Business(B-1)Zone. Introduction and Background At the September 22, 1994, meeting, the Shakopee Planning Commission recommended to the City Council the approval of text amendments within the Highway Business (B-1) Zone. However, this item was not brought forward to the City Council. Due to the long time frame since the Planning Commission's recommendation, staff brought this item back to the Planning Commission prior to bringing it to the City Council. The staff report from the November 9, 1995, Planning Commission Agenda Packet has been attached for your reference. Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists. The findings of the Planning Commission have been provided below: Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken Finding #2 Changes in community goals and policies took place when the Planning Commission directed staff to prepare amendments to the Zoning Ordinance which would improve the quality of major new commercial developments. The proposed amendments are policy decisions. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 The proposed amendments are the result of significant changes in City-wide development patterns due to the construction of the southerly bypass (TH 169). Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Urban Design Chapter of the 1995 draft Comprehensive Plan states that efforts along the proposed TH 169 corridor(southerly bypass)will "offer a lasting image of the community and help establish a community's identify'. It also states that landscaping and signage regulations in the Zoning Ordinance should be closely reviewed within the next one to two years to consider potential impacts along the bypass. The proposed change is a policy derision and not the result of conflict withthe Comprehensive Plan. Alternatives 1. Amend Chapter 11 as recommended by the Planning Commission. 2. Modify the proposed amendment, and approve the revised text amendment to Chapter 11. 3. Do not amend Chapter 11. 4. Table the decision and request additional information from staff. Planning Commission Recommendation The Planning Commission has recommended Alternative No. 1, that the City Council amend Chapter 11. Action Requested Offer Ordinance No. 434, Fourth Series, and move its adoption. i:'pIanningcc\19951cc 1121\textb-1.doc 2 ORDINANCE NO. c 3SJ , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 377, WHICH ADOPTED A NEW CITY CODE CHAPTER 11, ZONING, BY AMENDING SEC. 11 . 02, DEFINITIONS, BY ADDING ONE NEW DEFINITION, RETAIL CENTER; BY AMENDING SEC. 11.36, HIGHWAY BUSINESS ZONE (B-1) , REPEALING SUED. 3, CONDITIONAL USES, BY ADDING ONE NEW PARAGRAPH AND CHANGING THE MINIMUM LOT SIZE; BY AMENDING SEC. 11 . 60, PERFORMANCE STANDARDS, SUED. 8, LANDSCAPING REQUIREMENTS, BY ADOPTING ONE NEW PARAGRAPH; AND BY AMENDING SEC. 11 . 87, CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES, BY ADDING ONE NEW PARAGRAPH RELATING TO RETAIL CENTERS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code by Repealing Chapter 11, Land Use Regulation (Zoning) ; Sec. 2 . 90, Official Maps - Effect and Procedures, of Chapter 2, Administration and General Government; and Sec. 4 .30, Signs - Construction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and Regulations; and adopting one New Chapter in Lieu Thereof Relating to the same Subject is hereby amended as follows: 1 . By amending Sec. 11. 02, Definitions, by adding one new definition, Retail Center, and renumbering the subsequent paragraphs, which new paragraph shall read as follows: 106. "Retail Center" - A commercial area containing multiple retail businesses with a total building area in excess of 50, 000 square feet . 2 . By amending Sec. 11 .36, Highway Business Zone (B-i) , Subd. 3 , Conditional Uses, by adopting one new paragraph and relettering the subsequent paragraphs, which new paragraph shall read as follows : U. retail centers; or 3 . By amending Sec. 11 . 36, Highway Business Zone (B-1) , Subd. 5, Design Standards, by changing the minimum lot area for new lots from one acre to two acres . 4 . By amending Sec. 11 . 60, Performance Standards, Subd. 8, Landscaping Requirements, by adopting one new paragraph and relettering the subsequent paragraphs, which new paragraph shall read as follows : D. A portion of the landscaping shall be placed in a business parking facility containing more than 50 parking spaces, in accordance with the following minimum landscaping requirements: 1. Landscape islands shall be constructed at the ends of every other tier of parking. Landscape islands also shall be constructed within each parking tier, a maximum of 100 feet from another landscaping island. 2 . Landscape islands shall contain at least one overstory deciduous tree of a minimum 2-inch diameter trunk at the time of planting. 3 . Landscape islands shall be curbed and of sufficient size to allow the healthy growth of the chosen tree species. The island shall be at least nine feet wide and at least 100 square feet in area. 4. Landscaping provided in parking facilities may be used to meet the landscaping requirements. 5 . By amending Sec. 11 . 87, Conditional Use Permit Standards for Business Zones, Subd. 2, Specific Standards for Business Zones, by adopting one new paragraph and relettering subsequent paragraphs, which new paragraph shall read as follows : GG. retail centers : 1. shall have driveways a minimum of 200 feet apart, and a minimum of 200 feet from any street intersection, unless the City Engineer approves a different location in order to improve traffic safety; 2 . shall be limited to two driveways; and 3 . if a lot within a retail center dedicates all its street access rights to the City, and gains its access from a recorded easement through an adjacent lot, then the minimum lot size may be reduced to 20, 000 square feet . Note : The rcdlincd language is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. -2- Section 3 - Effective Date. This ordinance becomes effective at the later of its passage and publication or the effective date of Ordinance No. 377 . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994 . [19MEMO] -3- 10. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner jQ • Meeting Date: November 9, 1995 I Re: Proposed Zoning Ordinance Text Amendment to Amend the Performance Standards for Retail centers in the Highway Business (B-1)Zone. Introduction At the September 22, 1994, meeting, the Shakopee Planning Commission recommended to the City Council the approval of text amendments within the Highway Business (B-1) Zone. However, this item was not brought forward to the City Council. Due to the long time frame since the Planning Commission's recommendation, staff is bringing this item back to the Planning Commission prior to bringing it to the City Council. Background At the August 1994 meeting, the Shakopee Planning Commission directed staff to prepare amendments to the Zoning Ordinance which would improve the quality of major new commercial developments, particularly since this type of development was anticipated at a high visibility location at the intersection of Marschall Road (CR 17) and the southerly bypass. The proposed amendments were discussed at the September 22, 1994, meeting of the Planning Commission, and the approval of the amendments was recommended to the City Council. However, this item was not brought forward to the City Council at their next meeting. Due to the year long time frame since the Planning Commission's recommendation, staff is bringing this item back to the Planning Commission prior to bringing it to the City Council. The following Exhibits have been attached for your reference: Exhibit A: Copy of the staff memo written by Mr. Paul Bilotta and included in the September 22, 1994, Agenda Packet; Exhibit B: Minutes from the September 22, 1994, meeting of the Planning Commission; and Exhibit C: Copy of the proposed Ordinance prepared by the City Attorney. Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criteria#1 That the original Zoning Ordinance is in error; Draft Finding 1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Draft Finding 2 Changes in community goals and policies took place when the Planning Commission directed staff to prepare amendments to the Zoning Ordinance which would improve the quality of major new commercial developments. The proposed amendments are policy decisions. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Draft Finding #3 The proposed amendments are the result of significant changes in City-wide development patterns due to the construction of the southerly bypass (TH 169). Criteria#4 That the comprehensive plan requires a different provision. Draft Finding #4 The Urban Design Chapter of the 1995 draft Comprehensive Plan states that efforts along the proposed TH 169 corridor(southerly bypass)will "offer a lasting image of the community and help establish a community's identify''. It also states that landscaping and signage regulations in the Zoning Ordinance should be closely reviewed within the next one to two years to consider potential impacts along the bypass. The proposed change is a policy decision and not the result of conflict with the Comprehensive Plan. Alternatives 1. Recommend to the City Council that Chapter 11 be amended as proposed by staff. 2. Modify the proposed amendment, and recommend to the City Council the approval of the revised text amendment to Chapter 11. 3. Recommend to the City Council that Chapter 11 not be amended. 4. Table the decision and request additional information from staff. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the recommended alternative, and move its approval. i:'planning'boaa-pc11995\pc1109'textb-1.doc 2 EXHIBIT B MEMO TO: Shakopee Planning Commission FROM: Paul Bilotta, Senior Planner RE: Business uses standards DATE: September 22, 1994 INTRODUCTION: In August, the Planning Commission directed staff to proactively look at commercial design standards in order to ensure that the large developments that will likely be proposed for CR 17/Bypass will be developed in a manner suitable for this high visibility/high traffic location. DISCUSSION: Exhibit A contains copies of the parts of the new Zoning Ordinance text that staff is proposing to modify. For the sake of memo clarity, staff has identified the areas proposed for change as Subsections 1, 2, and 3. Subsection 1: In order to maximize the quality of the development while minimizing the burden placed on the developers, staff has recommended that a new conditional use be created for "Retail Centers" (See Exhibit B). The CUP process would provide an opportunity for the developer to plan a complete development at one time and seek creative design solutions to some of the impacts that can result from piecemeal commercial development (excessive access points, poor internal traffic circulation, limited cooperation from adjacent businesses, etc.). If the developer is able to provide sufficient impact mitigation measures, there is the opportunity to create smaller lots and lots that do not have direct street frontage which can increase developer returns on investment. Due to the concerns about the appearance of entryways into the community, expressed by the Planning Commission during the Comprehensive Plan process (and carried over from the BRW planning effort as well), staffis proposing a condition be imposed to use similar finishes and materials for all sides of buildings visible from public rights of way. This sort of requirement generally is not overly burdensome on a developer, but can greatly improve the appearance to adjacent property owners or vehicles. Subsection 2: Staff is proposing that "Density" be eliminated (typographical error). Staff is also proposing that the minimum lot area for new lots be increased to two acres. This serves two purposes. The first is to provide further incentive for a developer to undertake the Conditional Use Permit process. The second reason is that it is very difficult to avoid having access points that are too close together with one acre lots (see Exhibit C). Assuming square lot configurations, if the adjacent lots have access points in the center of their lots, there is only 17' of acceptable lot frontage for a business to locate their driveway without falling below the 200 foot spacing standard. With two acre lots,the business would have 11 times as much acceptable frontage for locating access drives. This would allow more flexibility for building and parking lot locations and could reduce the need for turning lanes on public streets. Traffic flow and safety would also be anticipated to improve. The minimum lot sizes for existing lots would remain the same. Subsection 3: The new Zoning Ordinance has increased landscaping standards based on a landscape point system but does not indicate any preference for particular locations on the site. Staff is proposing (see Exhibit D) that in larger parking areas, it may be preferable to require landscaping within the parking lot so that overstory trees can provide shade to vehicles, break up the visual impact of large asphalt surfaces, and provide a more balanced distribution of landscaping throughout the site. In addition, it is proposed that landscaping or berming be used to buffer large parking lots. All landscaping requirements could be used to satisfy the overall landscape point requirement. This requirement would not be imposed on small businesses due to the minimum space requirement or existing businesses (which would fall under the exceptions for Type B Nonconformities). ALTERNATIVES: 1. Recommend to the City Council the approval of the Zoning Ordinance changes as proposed by staff 2. Modify the proposed text and recommend the approval of the modified text to the City Council. 3. Continue the public hearing and direct staff to provide additional suggestions for Zoning Ordinance changes. STAFF RECOMMENDATION: Staff is recommending approval of the recommended text changes. ACTION REQUESTED: Offer a motion recommending to the City Council the approval of the proposed Zoning Ordinance text changes, and move its approval. 2 .EXHIBIT A SEC. 11 . 36 . HIGHWAY BUSINESS ZONE (B-1) . Subd. 1 . . Purpose . The pur; se sf the highway business zone is to provide an area for ..:si..ess uses fronting on sr with _4mmediaze access to arteria- and collector s:reets . Subd. 2 . Perri tted Uses . within the highway business zone, no structure or land shall be used exce_- for cne or more of the following uses : A. r;.c=_l_ and :otels B . . restaurants, class 1 ; C. re-ai_ establishments; D. utili:y services; E. administrative, execu:ive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3 . Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor; I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair; including general repair, rebuilding or reconditioning of engines or _ vehicles, including body work, frame work and major y ? painting service, re:_ace-=n of any part or repair J any pare , incidental :ody and fender work, painting :_ upholstering; L. car washes ; M. hcsoitals; N. theaters; 0. funeralhomes; P . utility service struc._res; Q. day care faci' 4 -4mss; R. relocated structures; S . structures over 35 fee: in height; T. developments containing more than one principal structure per lot; or U. 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 highway business - 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; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. • Subd. 5 . Desicrn Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lot area: (new lots) : one acre (existing lots) : 8 , 000 square feet maximum floor area ratio: .50 • 3. ::exi mum impervious surface percentage : 751s C. specifications : minimum lot width: (new lots) : 10D feet (existing lots) : 60 feet 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 zones : 75 feet D. Maximum height: : 35 feet without a conditional use permit SEC. 11. 37 . Reserved. • • • .41 • • - L • no longer serves its _:.tend=_ = unction. Screening shall be • accomplished in accordance with :hefollowing : A. Ail exterior storage zermi_ed by this Chapter shall be screened, except for the following goods being displayed for sale, materials and equipment being used for construction cn the premises, merchandise located on gas station pump islands, and accessory uses in residential zones (except parking facilities as specified below) . B. 'Off-street parking facilities in the medium density • residential (R-2) and multiple-family residential (R-3) zones shall be screened whenever the parking facility contains more . than four parking spaces and is within thirty feet of a lot line, and whenever the driveway to a parking facility of more than six parking spaces is within fifteen feet of a lc: line . C. Parking facilities within any required front yard setback shall be screened to a heicht of three feet . D. Screening shall be required in all business and industry zones whenever .any business or industrial use is adjacent to or across a street from property zoned or developed for residential use. B. All roof top mechanical equipment shall be totally screened from view from adjacent properties and existing and planned streets, painted to match or complement the building, or incorporated into an architectural design which is aesthetically compatible with the building. F. Refuse containers in business and industry zones which are visible from existing or planned streets, residential ' areas, institutional uses, or places of public assembly shall be screened to a height of six feet . G. Loading and service areas located between a street and a building in any ind::stry zone shall be screened to a height of four feet . Subd. 8 . Landscapine Recsiremeb=s . Landscaping shall be required in all multiple-fa-fly residential, b'usi Hess and industry zones in accordance with the following: A. For all residential uses containing 6 or more dwellings, and for all business and industrial uses, at least 15 percent of the lot shall be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street - i ht-c:-way or other areas of the lot which are visible from a street . B. A minimum of five units, as defined below, of landscaping shall be required for each 1, 000 square feet or fraction thereof of arcs build:ng area up to 10, 000 s;_t:are feet An additional _:free units of landscaping shall he required for each 1, OC : scuare feet or fraction thereof cf cross building area over 10, 000 and up to 50, 000 square fee: . An additional unit cf landscaping shall be required for each 1, 0C: square feet or fraction thereof of gross building area over 50, 000 and up to 100, 000 square feet . An additional 1 unit of landscaping shall be required for each 5, 000 square feet or fraction thereof of gross building area over 100, 000 . C. Landscaping materials must meet the following minimum size requirements : 1 . overs:ory deciduous trees 2 inch diameter 2 . ornamental trees 1 - 1 /2 inch diameter 3 . coniferous trees 6 feet 4 . shrubbery 5 gallons Each of the above shall constitute one unit of landscaping. Not more than 50 percent of the landscaping units required by this section shall be composed of . . ON shrubbery. D. If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit for such landscaping in meeting the requirements of this subdivision, if it is left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each existing mature hardwood tree may be credited as three units . 3. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replacedwith material meeting the req=uirements of this section. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. Subd. 9 . Tree and Woodland Preservation. The following standards shall apply to all residential development for which a building permit is issued after the effective date of this Chapter. A. Structures, driveways, and parking facilities shall be located in such a manner that the maximum number of trees shall be preserved. No tree exceeding 6" in diameter at a height of 6 feet above ground shall be removed without permission from the City. \ -�} A person seeking ;e-.-issicn to remove any protected tree shall demons:raze :-az there are no feasible cr prudent alternatives to the cutting of trees on the site and shall :rcpc_❑ a rc-Cr ..cL-on plan. Reforescaticn and landscaping shall utilize a variety of tree species and shell not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape . B. All development activities, including grading and contouring, shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering area equal to a minimum of one-half the crown area . C. Notwi t hstand_ng the above, the removal of diseased trees, or trees seriously damaged by storms or other acts of God, shall be .permitted. . Subd. 10 . Exterior Lichtinc. A. Exterior lichting shall be designed and constructed to limit direcr illumination and glare upon or into any - other lot or street. Reflected glare or spill light shall not exceed five-tenths footcandle as measured -on - the property line when abutting any residential lot and one footcandle on any property line abutting a business or industrial lot. Street lights installed in public right-of-way and lights in city parks shall be excepted from these standards. 3. Mitigative measures shall be employed to limit glare and spill licht to protect neighboring lots and to maintain traffic safety on streets . These measures. shall include lenses, shields, louvers, prismatic control devices, and limitations cn the heicht and type of fixtures. The City also may lir it the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. C. No flickering or flashinc lights shall be permitted except where• required by the Federal Aviation on Administration. D. Direct off-site views of the light source shall be blocked Cr screened except for glcbe or ornamental light fixtures, which may be approved when it can be demonstrated that the off-site impacts stemming from direct views cf the light source are mitigated by the • fixture design or location. EXHIBIT B Definition: Retail Center: A commercial area containing multiple retail businesses with a total building area in excess of 50,000 s.f. Conditions for: Retail Centers I. Minimum access spacing shall be 200 feet unless a lesser distance is necessary to improve traffic safety as determined by the City Engineer. The maximum number of street access points to any retail center shall be two (2) unless the City Engineer and Planning Director determine additional access points are necessary for traffic safety on City streets. 2. Access points shall be located at least 200 feet from street intersections. 3. Lots without street frontage are allowed, provided permanent public access through the site is ensured in a legal form acceptable to the City Attorney. 4. All rights to additional street access points shall be dedicated to the City except for those identified on the approved site plan. 5. Minimum lot size may be reduced to 20,000 square feet. 6. Any exterior building walls that are visible from a public right-of-way or a residentially zoned property must be finished and use similar materials as the front of the building. . , . • )—( C:C4 It r.4 6 C. c/1 0 o F-- F.•• • zzr V 0 EXHIBIT D D. All business-zoned parking areas in excess of 50 spaces shall include at Ieast the following parking lot landscaping. 1. End-tier landscape islands shall be constructed at the ends of alternate parking tiers. 2. Mid-tier landscape islands shall be constructed within every parking tier at a maximum spacing of 100 feet. 3. All end-tier or mid-tier landscape islands shall contain at least one (1) overstory deciduous tree of a minimum 2 inch diameter at planting. 4. All landscape islands shall be curbed and of sufficient size to allow the healthy growth of the chosen tree species. In no instances shall the island planting area be reduced to less than 100 s.f. and the width may not be less than 9 feet. 5. A minimum three(3) foot tall landscaped or bermed screen (not less than 75% opaque) shall be provided along the perimeter of the parking area and driveways when adjacent to a street or another property unless subject to a more restrictive requirement by other provisions of this Chapter. Said screen shall not extend into sight triangles. Parking lot landscaping may be used to satisfy the landscaping unit requirements of this Subdivision of the City Code. For the purposes of this Subdivision, the number of parking spaces shall include all employee parking areas as well as any parking areas in outlots or other lots that are related to the principal commercial development or subject to the same retail center Conditional Use Permit. EXHIBIT C t. Minutes of the Page - 15 Shakopee Planning Commission September 22, 1994 XI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO SECTION 11.29 OF THE SHAKOPEE CITY CODE TO AMEND'1'HE PERFORMANCE STANDARDS FOR RETAIL CENTERS INTHE HIGHWAY BUSINESS (B-1)DISTRICT.-CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Senior Planner provided a brief summary regarding this matter. He stated that in August, the Planning Commission directed staff to prepare amendments to the new zoning ordinance that would improve the quality of major new commercial developments, particularly since this type of development was anticipated at a the high visibility location of Marschall Road and the Bypass. He indicated that the text for the amendment had recently been prepared by the City Attorney and was located on the table. Motion: Comm. Madigan/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Bladow/Madigan offered a motion recommending to the City Council the approval of the proposed Zoning Ordinance text changes as �.; written by the City Attorney and handed out on the table prior to the meeting. Vote: Motion carried unanimously. XII. PUBLIC HEARING: TO CONSIDER AMENDING STORMWATER MANAGEMENT PLAN IN THE COMPREHENSIVE PLAN -CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director provided an overview of the Comprehensive Plan process and how the Stormwater Management Plan fits into the process. He stated that the plan addressed water resource issues for the ultimate development of the City, as well as portions of township areas to the south. He noted that the township areas were included in the stormwater planning study area because in the long term (50 years or greater) the areas could become part of the City as the areas urbanize. He also noted that the stormwater from the township areas flow into the City and need to be coordinated into the study. Mr. Ekola noted that the long term study for stormwater management included a summary document which is intended to be inserted into the City's Comprehensive Plan, similar to the Sanitary Sewer planning process. /D.42.) CONSENT Memo To: Dennis Kraft, City Administrator From: Terre A. Thurmer,Assistant City Planne g Date: November 14, 1995 Re: Proposed Zoning Ordinance Text Amendments: Revision to the Design Standards in the Residential Zones. Introduction and Discussion At its meeting on November 9, 1995, the Shakopee Planning Commission recommended the approval of amendments to the Design Standards within the following Residential Zones within the City: Agricultural Preservation Zone (AG), Rural Residential Zone (RR), Low Density Residential (R-1A) Zone, Urban Residential (R-1B) Zone, Old Shakopee Residential (R-1C) Zone, Medium Density Residential (R-2)Zone, and Multiple Family Residential (R-3)Zone. This agenda item was discussed at the September 7th, October 5th, and November 9th meetings. A copy of the September 7, 1995, Planning Commission staff report has been attached for your reference. Since the adoption of the new Zoning Ordinance, staff has encountered minor problems implementing the Design Standard section of the new regulations for the Agricultural and Residential zones. Therefore, staff is proposing amendments to Subd. 5, Design Standards, within each of these zones. Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists. The draft findings of the Planning Commission have been provided below. Criteria#I That the original Zoning Ordinance is in error; Draft Finding#1 The original Zoning Ordinance has been found to be in error, and cannot be easily implemented unless it is amended. Criteria#2 That significant changes in community goals and policies have taken place; Draft Finding #2 The proposed changes are largely procedural and not the result of changes in community goals and policies. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Draft Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4 That the comprehensive plan requires a different provision. Draft Finding #4 The proposed changes are largely procedural and not the result of a conflict with the Comprehensive Plan. 1 Alternatives 1. Amend the portions of Chapter 11 as recommended by the Planning Commission. 2. Modify the recommended amendments and amend Chapter 11 using the revisions. 3. Table the decision and request additional information from staff. Planning Commission Recommendation The Planning Commission recommends Alternative No. 1. Action Requested Offer Ordinance No. 435, An Ordinance of the City of Shakopee, Amending City Code Chapter 11, Zoning, by Revising the Design Standards in all Residential Zones, and move its adoption. I:Vlanning cc\1995\x1121\textdesi.doc 2 ORDINANCE NO. 435, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, BY REVISING THE DESIGN STANDARDS IN• ALL RESIDENTIAL ZONES. The following is the official summary of Ordinance No. 435, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on , 1995 : In each of the residential zones, including the Agricultural Preservation Zone (AG) , the height language was amended by deleting the maximum height language allowing structures of up to 2 1/2 stories . Now structures are limited simply to 35 feet in height . The Design Standards in the Rural Residential Zone (RR) , in City Code Sec . 11 . 24, Subd. 5, were amended by adding language affirming that small lots of record approved prior to January 18, 1994, may obtain a building permit . The minimum front yard setback was reduced from 50 feet to 40 feet . The Design Standards in the Low Density Residential Zone (R- 1A) , City Code Sec. 11 . 26, Subd. 5, were amended by changing the density to three dwellings per acre, excluding street right-of-way. Previously the density was set at one dwelling per 15, 000 square feet . The Design Standards in the Urban Residential Zone (R-1B) , City Code Sec . 11 . 28, were amended by changing the density to five dwellings per acre, excluding street right-of-way. Previously the density was set at one single family dwelling per 9, 000 square feet, and one existing two-family dwelling per 11, 000 square feet . The Design Standards in the Old Shakopee Residential Zone (R- 1C) , City Code Sec. 11 . 30, were amended by changing the density to 7. 5 dwellings per acre, excluding street right-of-way. Previously the density was set at one single family dwelling per 6, 000 square feet, and one two-family dwelling per 11, 000 square feet . The minimum front and side yard setbacks were set at firm numbers unless the applicant proves that existing structures on the block have a lesser average setback. The Design Standards in the Medium Density Residential Zone (R-2) , in City Code Sec . 11 . 32, were amended by changing the density to be between 5 and 11 dwellings per acre, excluding street right-of-way. Previously the density was set at one single family dwelling per 9, 000 square feet, one two-family dwelling per 11, 000 square feet, one triplex per 12, 000 square feet, and one quadplex per 16, 000 square feet . The Design Standards in the Multiple-Family Residential Zone (R-3) , in City Code Sec. 11 . 34, were amended by changing the density to be between 7 and 18 dwellings per acre, excluding street right-of-way. Previously the density was set at one single family dwelling per 9, 000 square feet, one two-family dwelling per 11, 000 square feet, one triplex per 12, 000 square feet, and one quadplex per 16, 000 square feet . A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Scott County Library. [7 PLNORD] 2 ORDINANCE NO. 435, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, BY REVISING THE DESIGN STANDARDS IN ALL RESIDENTIAL ZONES. WHEREAS, on June 7, 1994, the City Council adopted Ordinance No. 377, which approved the new Zoning Ordinance Text; WHEREAS, since that time, staff has encountered minor problems with the implementation of the Design Standards within the Residential Zones; WHEREAS, at their meeting on September 7, 1995, a public hearing was held and the Planning Commission recommended the approval of the text amendments to Chapter 11, Zoning. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 11, Zoning, Sec. 11 . 22, Agricultural Preservation Zone (AG) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows: Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the followingl-n-imum requirements : A. Maximum density: one dwelling per 40 acres. B. Lot specifications: Minimum lot width: 1000 feet . Minimum lot depth: 1000 feet . Minimum front yard setback: 100 feet . Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet . C. Maximum height: 2 1/2 3toric3 or 35 feet . Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit . Section 2 - That City Code Chapter 11, Zoning, Sec . 11 . 24, Rural Residential Zone (RR) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows: Subd. 5. Design Standards. Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following Ri4n4wam requirements : A. Maximum density: one dwelling per 10 acres . For lots approved prior to January 18, 1994, the maximum density is one dwelling per 2 . 5 acres . B. Maximum impervious surface percentage : 30% C. Lot specifications : Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 40 .9 feet. Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet. Minimum setback for accessory machinery and buildings necessary to the conduct of agricultural operations : 100 feet from all lot lines . D. Maximum height: No structure shall exceed two and one half (2 1/2) 3torico or thirty-five (35) feet in height without a conditional use permit . Section 3 - That City Code Chapter 11, Zoning, Sec. 11 . 26, Low Density Residential Zone (R-1A) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 5. Desiqn Standards. Within the low density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: three dwellings per acre. Streets shall be excluded in calculating acreage one dwelling per 15, 000 square fcct. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width: 80 feet Minimum lot depth: 160 feet Minimum front yard setback: 35 feet . Minimum side yard setback: 15 feet . Minimum rear yard setback: 40 feet . D. Maximum height : No structure shall exceed two and one half (2 1/2) 3torics or thirty-five (35) feet in height without a conditional use permit . 2 Section 4 - That City Code Chapter 11, Zoning, Sec. 11 . 28, Urban Residential Zone (R-1B) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 5 . Design Standards. Within the urban residential zone, no land shall be used, and no structure shall be constructed or used, , except in conformance with the following requirements : A. Maximum density: five dwellings per acre. Streets shall be excluded in calculating acreage one single family dwelling per 9, 999 square feet; one existing two family dwelling per 11, 000 square feet . B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached) : 60 feet; (existing two-family dwelling) : 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height : No structure shall exceed two and one half (2 1/2) stories or thirty-five (35) feet in height without a conditional use permit . Section 5 - That City Code Chapter 11, Zoning, Sec. 11.30, Old Shakopee Residential Zone (R-1C) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 5. Design Standards. Within the Old Shakopee residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Maximum density: 7. 5 dwellings per acre. Streets shall be excluded in calculating acreage one single family dwelling per C, 000 square feet; one two family dwelling per 11, 000 square feet . B. Maximum impervious surface percentage : 50% C. Lot specifications: Minimum lot width (single-family detached) : 50 feet; (two-family dwelling) : 70 feet Minimum lot depth: 100 feet 3 Minimum front yard setback: 30 feet, except that the minimum setback shall be equal to the average setback of other principal structures on the block when the applicant proves that there are more than two other existing principal structures on the block, and those structures have an average setback of less than 30 feet. If there are fewer than three other existing principal structures on the block, the setback is 30 feet . Minimum street side yard setback: 10 feet, except that the minimum setback shall be equal to the average street side yard setback of other principal structures on the block when the applicant proves that the other existing principal structures have an average setback of less than 10 feet. If nonc cxiot, the octback is 10 fcct . Minimum interior side yard setback: 5 feet; or one side at 3 feet and the other side at 7 feet. Minimum rear yard setback: 30 feet Minimum rear yard setback for accessory structures : 5 feet D. Maximum height: No structure shall exceed two and one half (2 1/2) otorico or thirty-five (35) feet in height without a conditional use permit. Section 6 - That City Code Chapter 11, Zoning, Sec. 11 .32, Medium Density Residential Zone (R-2) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 5. Design Standards. Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: a minimum of five and a maximum of 11 dwellings per acre. Streets shall be excluded in calculating acreage onc Dingle family dwelling per 9, 000 oquarc feet; onc two family dwelling per 11, 000 oquarc feet; onc triplex per 12, 000 oquarc fcct; one quadplcx per 1G, 000 oquarc feet. B. Maximum impervious surface percentage: 60% C. Lot specifications : Minimum lot width (single-family detached) : 60 feet; (two-family dwelling) : 70 feet; (multiple-family dwelling) : 100 feet 4 Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height : No structure shall exceed two and one half (2 1/2) 3toric3 or thirty-five (35) feet in height without a conditional use permit . Section 7 - That City Code Chapter 11, Zoning, Sec. 11.34, Multiple-Family Residential Zone (R-3) , is hereby amended by deleting Subd. 5, Design Standards, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 5. Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following ______-""""' requirements : A. Density: a minimum of seven and a maximum of 18 dwellings per acre. Streets shall be excluded in calculating acreage one Dingle family dwelling per 9, 000 oquarc feet; one two family dwelling per 11, 000 square feet; one triplex per 12, 9.00 3quarc feet; one quadplcx per 1G, 000 square feet. B. Maximum impervious surface percentage: 60% C. Lot specifications : Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet Minimum side yard setback: One-half of building height or fifteen (15) feet, whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A) , urban residential (R-1B) , Old Shakopee residential (R-1C) , medium density residential (R-2) , or multiple-family residential (R-3) zone line. Minimum rear yard setback: 40 feet D. Maximum height : No structure shall exceed two and one half (2 1/2) 3torico or thirty-five (35) feet in height without a conditional use permit . 5 Section 6 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7 - Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. 435" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 8 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Scott County Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 9 - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Scott County Library. Section 10 - Effective Date. This ordinance becomes effective upon its passage and the publication of its title and summary. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. [7 PLNORD] 6 /2._. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner . Meeting Date: Sept. 7, 1995 Re: Proposed Zoning Ordinance Text Amendments: Revision to the Design Standards for the Agricultural and all Residential Zones. Introduction City staff is proposing amendments to the Design Standards within the following Residential Zones within the City: Agricultural Preservation Zone (AG), Rural Residential Zone (RR), Low Density Residential (R-IA) Zone, Urban Residential (R-1B) Zone, Old Shakopee Residential (R-1C) Zone, Medium Density Residential (R-2)Zone, and Multiple Family Residential (R-3) Zone. A copy of these portions of the City Code have been attached for your reference. Background On June 7, 1994, the City Council adopted Ordinance No. 377 which approved the new Zoning Ordinance Text. Since that time, staff has encountered minor problems with the implementation of portions of the new regulations. The purpose of this memo is to attempt to correct the problems encountered with the Design Standards for these zones. Discussion Each Zoning District is divided into the following six(6)subdivisions: Subd. 1 Purpose of each Zone. Subd.4 Permitted Accessory Uses within each Zone. Subd.2 Permitted Uses within each Zone. Subd.5 Design Standards. Subd.3 Conditional Uses within each Zone. Subd.6 Additional Requirements. Staff is proposing that the following amendments be provided to Subd. 5, Design Standards, for each zone. In the near future, staff will also be proposing to amend City Code Section 11.02 (Definitions) to add a definition for "density" as the number of units on a lot divided by the lot area. This is a concept also commonly referred to as"net density" (exclusive of right-of-way and other non-buildable areas). Agricultural Preservation Zone(AG) Within this zone, staff is proposing to add the word "maximum" to the density requirement of one dwelling per 40 acres. Staff is also proposing to eliminate the maximum height limitation of 2-1/2 stories. The 35 foot maximum height that is currently in place is easier to administer and also seems to be more relevant to impact than the number of stories.. Rural Residential Zone(RR) Within this zone, staff is proposing to add the word "maximum" to the density requirement of one dwelling per 10 acres. Staff is also proposing to add a provision that allows a lot of record approved prior to January 18, 1994, with a size of less than 10 acres to receive a Building Permit without a i variance to the density requirement. In addition, staff is proposing to reduce the 50 foot front yard setback to 40 feet. Staff anticipates very few new rural residential plats to be proposed due to the 10 acre lot size requirement within these areas, and this setback is being applied to 2-1/2 (or less) acre lots that were platted when the front yard setback requirement was only 30 feet. With the update of the Zoning Ordinance last year, the front yard setback was increased from 30 to 50 feet. The additional 20 feet of setback is often difficult for property owners and builders because the lots were designed with the anticipation of applying only a 30 foot front yard setback.. A 40 foot setback should be less difficult to apply to these lots. As in the above referenced zone, staff is proposing to eliminate the maximum height limitation of 2-1/2 stories without a conditional use permit. Low Density Residential Zone(R-1A) Within this zone, staff is proposing to add the word "maximum" to the density requirement provision and to replace the current density requirement of one dwelling per 15,000 square feet with a maximum density of 3 units per acre. This change is being proposed because the current standards use a lot size standard under the heading of "density", which is incorrect. In addition, density standards allow more design flexibility than minimum lot size standards. As in the above referenced zones, staff is proposing to eliminate the maximum height limitation of 2-1/2 stories without a conditional use permit. Urban Residential Zone(R-1B) Within this zone, staff is proposing to add the word "maximum" to the density requirement provision, and to replace the current density requirements (one single family dwelling per 9,000 square feet and one existing two-family dwelling per 11,000 square feet) with a maximum density of 5 units per acre. This change is being proposed because the current standards use a lot size standard under the heading of "density", which is incorrect. In addition, density standards allow more design flexibility than minimum lot size standards. As in the above referenced zones, staff is proposing to eliminate the maximum height limitation of 2-1/2 stories without a conditional use permit. Old Shakopee Residential Zone(R-1C) Within this zone, staff is proposing to add the word "maximum" to the density requirement provision, and to replace the current density requirements (one single family dwelling per 6,000 square feet; and one two-family dwelling per 11,000 square feet) with a maximum density of 7.5 units per acre. This change is being proposed because the current standards use a lot size standard under the heading of "density", which is incorrect. In addition, density standards allow more design flexibility than minimum lot size standards. With the update of the Zoning Ordinance, both the front and street side yard setbacks are currently allowed to be equal to the average setback of other principal structures on the block. If there are fewer than three other existing principal structures on the block, the front yard setback is 30 feet, and the street side yard setback is 10 feet. The implementation of this provision is sometimes difficult because setback information for the other structures is often unavailable for this older area of the City, and survey information is not provided in the property identification files. Therefore, staff is proposing to add a clarification stating that the applicant is to be responsible for providing the average setbacks, and 2 that if this information is not provided, the front yard setback will be 30 feet, and the street side yard setback will be 10 feet. As in the above referenced zones, staff is proposing to eliminate the maximum height limitation of 2- 1/2 stories without a conditional use permit. Section 11.32, Medium Density Residential Zone(R-2) Within this zone, staff is proposing to replace the current density requirements (one single family dwelling per 9,000 square feet; one two family dwelling per 11,000 square feet; one triplex per 12,000 square feet; and one quadplex per 16,000 square feet) with a density range of between 5 and 11 units per acre. This change is being proposed because the current standards use a lot size standard under the heading of "density", which is incorrect. In addition, density standards allow more design flexibility than minimum lot size standards. As in the above referenced zones, staff is proposing to eliminate the maximum height limitation of 2-1/2 stories without a conditional use permit. Multiple Family Residential Zone(R-3) Within this zone, staff is proposing to replace the current density requirements (one single family dwelling per 9,000 square feet; one two-family dwelling per 11,000 square feet; one triplex per 12,000 square feet; and one quadplex per 16,000 square feet) with a density range of between 7 and 18 units per acre. This change is being proposed because the current standards use a lot size standard under the heading of "density", which is incorrect. In addition, density standards allow more design flexibility than minimum lot size standards. Staff is also proposing to change the increased setback for multiple family structures from "30 feet or greater" to "over thirty (30) feet" to make this provision easier to administer from a Building Permit perspective. As in the above referenced zones, staff is proposing to eliminate the maximum height limitation of 2-1/2 stories without a conditional use permit. Draft Revisions Staff would like to initiate the following amendments to Subd. 5, Design Standards, within each of these zones. Proposed language is provided in italics and language proposed to be deleted is eressed out: 1. Section 11.22, Agricultural Preservation Zone (AG), Subd. 5, Design Standards: Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following mininiuni requirements: a) Maximum Density: one dwelling per 40 acres. b) Lot specifications: Minimum lot width: 1,000 feet. Minimum lot depth: 1,000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet. 3 Minimum rear yard setback: 40 feet. c) Maximum height: 2 1/2 stories or thirty-five (35) feet. Grain elevators barns, silos, and elevator lags may exceed this limitation without a conditional use permit. 2. Section 11.24,Rural Residential Zone(RR), Subd. 5, Design Standards: Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: a) Maximum Density: One dwelling per 10 acres. However, a lot of record approved prior to January 18, 1994, with a size of less than 10 acres may receive a Building Permit without a variance to this provision. b) Maximum impervious surface percentage: 30%. c) Lot specifications: Minimum lot width: 150 feet. Minimum lot depth: 200 feet. Minimum front yard setback: 50 feet. 40 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. Setback for accessory machinery and buildings necessary to the conduct of agricultural operations: 100 feet from all lot lines. d) Maximum height: No structure shall exceed -• . . _-- thirty-five(35)feet in height without a conditional use permit. 3. Section 11.26, Low Density Residential Zone(R-1A), Subd. 5, Design Standards: Within the low density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: a) Maximum Density: one dwelling per 15,000 square feet 3 dwelling units per acre. b) Maximum impervious surface percentage: 50%. c) Lot specifications: Minimum lot width: 80 feet. Minimum lot depth: 160 feet. Minimum front yard setback: 35 feet. Minimum side yard setback: 15 feet. Minimum rear yard setback: 40 feet. d) Maximum height: No structure shall exceed two and one half (2 1/2) stories or thirty-five(35)feet in height without a conditional use permit. 4. Section 11.28, Urban Residential Zone (R-1B), Subd. 5, Design Standards: Within the urban residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: a) Maximum Density: one single family dwelling per 9,000 square feet; one existing • -• • - e e! - -- . 5 dwelling units per acre. b) Maximum impervious surface percentage: 50%. 4 • _, c) Lot specifications: Minimum lot width (single family detached): 60 feet; (existing two-family dwelling): 70 feet. Minimum lot depth: 100 feet. Minimum front yard setback: 30 feet. Minimum side yard setback: 10 feet. Minimum rear yard setback: 30 feet. d) Maximum height: No structure shall exceed - thirty-five(35)feet in height without a conditional use permit. 5. Section 11.30, Old Shakopee Residential Zone (R-1C), Subd. 5, Design Standards: Within the Old Shakopee residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: a) Maximum Density: - •-• - .. :,e!! ... - -- ; ., . dwelling per 11,000 square feet. 7.5 dwelling units per acre. b) Maximum impervious surface percentage: 50%. c) Lot specifications: Minimum lot width (single family detached): 50 feet; (two-family dwelling): 70 feet. Minimum lot depth: 100 feet. Minimum front yard setback: equal to the average setback of other principal structures on the block.. If there are fewer than three other existing principal structures on the block, the setback is 30 feet. The applicant shall be responsible for providing accurate average setbacks to City staff to determine this average setback If this information is not provided by the applicant, the setback is 30 feet. Minimum street yard setback: equal to the average street side yard setback of other principal structures on the block. If none exist, the setback is 10 feet. The applicant shall be responsible for providing accurate average setbacks to City staff to determine this average setback If this information is not provided by the applicant, the setback is 10 feet. Minimum interior side yard setback: 5 feet; or one side at 3 feet and the other side at 7 feet. Minimum rear yard setback: 30 feet. Minimum rear yard setback for accessory structures: 5 feet. d) Maximum height: No structure shall exceed two and one half (2 1/2) stories or thirty-five(35) feet in height without a conditional use permit. 6. Section 11.32, Medium Density Residential Zone (R-2), Subd. 5, Design Standards: Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: 5 • a) Density: - .. •.. - .. - - •-, ;. . ... _ _ .. . . per 11,000 square feet; one triplex per 12,000 square feet; one quadplcx per 16,000 square feet. Between 5 and I1 dwelling units per acre. b) Maximum impervious surface percentage: 60%. c) Lot specifications: Minimum lot width (existing single family detached): 60 feet; (two- family dwelling): 70 feet; (multiple family dwelling): 100 feet.. Minimum lot depth: 100 feet. Minimum front yard setback: 35 feet. Minimum side yard setback: 10 feet. Minimum rear yard setback: 30 feet. Minimum interior rear yard setback for accessory structures: 5 feet. d) Maximum height: No structure shall exceed two and one half (2 1/2) stories or thirty-five(35)feet in height without a conditional use permit. 7. Section 11.34, Multiple Family Residential Zone (R-3), Subd. 5, Design Standards: Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: a) Density: - - . . ... -- ; - .. . . ... _ -- . - .et -- ; - - _ ... square feet.Between 7 and 18 dwelling units per acre. b) Maximum impervious surface percentage: 60%. c) Lot specifications: Minimum lot size: 1 acre. Minimum lot width: 150 feet. Minimum lot depth: 200 feet. Minimum front yard setback: 50 feet. Minimum side yard setback: One-half of building height or fifteen(15)feet, whichever is greater. All multiple-family residential structures 30 f ct or-gre ter over thirty (30) feet in height shall be setback a minimum of four (4) times the height of the structures from the nearest low density residential (R-1A), urban residential (R-1B), Old Shakopee residential (R-1C), medium density residential(R-2), or multiple family residential (R-3)zone line. Minimum rear yard setback: 40 feet. d) Maximum height: No structure shall exceed two and one half (2 1/2) stories or thirty-five(35) feet in height without a conditional use permit. Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: 6 Criteria#1 That the original Zoning Ordinance is in error; Draft Finding 1 The original Zoning Ordinance has been found to be in error, and cannot be easily implemented unless it is amended. Criteria#2 That significant changes in community goals and policies have taken place; Draft Finding 2 Determining design standards is a policy issue, and they must be determined by the Planning Commission and the City Council. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Draft Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4 That the comprehensive plan requires a different provision. Draft Finding #4 The 1995 draft Comprehensive Plan requires a different provision regarding density within the Multiple Family Residential Zone(R-3) . Alternatives 1. Recommend to the City Council that portions of Chapter 11 be amended as proposed by staff 2. Modify the recommended amendments proposed by staff, and recommend to the City Council the approval of the revised text amendments to Chapter 11. 3. Continue the public hearing and request additional information from staff. Staff Recommendation Staff recommends Alternative No. I. Action Requested • Offer a motion to recommend to the City Council the recommended alternative, and move its approval. iApla niingbc\1995'cc0905\textdesi.sep 7 ZONING TEXT ADOPTED JUNE /7711994 SEC. 11 .22 . AGRICULTURAL PRESERVATION ZONE (AG) . Subd. 1 . Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2 . Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses : A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. ibd. 3 . Conditional Uses. Within the agricultural preservation )ne, no structure or land shall be used for the following uses :cept by conditional use permit : A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; 21 F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties . This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; K. kennels . A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; I. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor; K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . d. 4 . Permitted Accessory Uses. Within the agricultural servation zone the following uses shall be permitted accessory s : A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; 22 D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; I. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards . Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one dwelling per 40 acres . B. Lot specifications : Minimum lot width: 1000 feet . ..._... . . .. . Minimum lot depth: 1000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet . C. Maximum height : 2-1/2 stories or 35 feet . Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit . 3ubd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. :C. 11 .23 . Reserved. 23 • rING TEXT ADOPTED JUNE 7, x/94 SEC. 11 .24 . RURAL RESIDENTIAL ZONE (RR) . Subd. 1 . Purpose. The purpose of the rural residential zone is to allow low-density residential development in areas which are not served by municipal urban services . Subd. 2 . Permitted Uses . Within the rural residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. agricultural uses; C. forestry and nursery uses; D. utility services; E. public recreation; F. public buildings; G. day care facilities serving 12 or fewer persons; A. group family day care facilities serving 14 or fewer children; or • I. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the rural residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; C. cemeteries; D. commercial recreation, minor; E. seasonal produce stands when the principal use of the property is agricultural; F. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; G. riding academies; H. utility service structures; 24 fi 77) I . day care facilities serving 13 through 16 persons; J: residential facilities serving from 7 through 16 persons; K. wind energy conversion systems or windmills; L. relocated structures; M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the rural residential zone, the following uses shall be permitted accessory uses : A. garages; B. fences; C. gardening and other horticultural uses not involving retail sales; D. one lodging room per single family dwelling; E. recreational equipment; F. machinery and structures necessary to the conduct of agricultural operations; G. stables with not more than two horses per 2-1/2 acre; K. swimming pools; I. solar equipment; J. receive only satellite dish antennas and other antenna devices; K. tennis courts; or L. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards . Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : 25 A. Density: one dwelling per 10 acres . B. Maximum impervious surface percentage : 301:5. C. Lot specifications : Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet . Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet . Setback for accessory machinery and buildings necessary to the conduct of agricultural operations : 100 feet from all lot lines. D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit . 3ubd. 6. Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code . ;EC. 11.25. Reserved. 25 • ZONINC)EXT ADOPTED JUNE 7, 1994r) - • 994 +F: - • SEC. 11 .26 . LOW DENSITY RESIDENTIAL ZONE (R-1A) . Subd. 1 . Purpose. The purpose of the low density residential zone is to allow large-lot single family development in areas of the City served by sanitary sewer and water. Subd. 2 . Permitted Uses. Within the low density residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. public recreation; C. utility services; D. public buildings; E. day care facilities serving 12 or fewer persons; F. group family day care facilities serving 14 or fewer children; or G. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the low density residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; - B. home occupations; C. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; D. utility service structures; E. day care facilities serving 13 through 16 persons; F. residential facilities serving from 7 through 16 persons; G. structures over 2-1/2 stc=ies or 35 feet in .height; H. developments containing more than one principal structure per lot ; or I . other uses similar tc those permitted in this subdivision, as determines by the Board of Adjustment and Appeals . 27 • Subd.- 4 . Permitted Accessory Uses. Within the low density - residential. zone, the fcllowing. uses shall be permitted accessory uses : A. garages; B. fences; C. recreational equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the low density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: one dwelling per 15, 000 square feet. B. Maximum impervious surface percentage: 50% C. Lot specifications : Minimum lot width: 80 feet Minimum lot depth: 160 feet Minimum front yard setback: 35 feet . Minimum side yard setback: 15 feet . Minimum rear yard setback: 40 feet . D. Maximum :eig _ : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) fee: in height w-thou= a conditional use permit . Subd. 6 . Additional Recvirements . A. All dwellings shall have a depth of at least 20 fee: for at least 50 percent of their width. All dwellings shall have a width cf at least 20 feet for at least -0 tercent of their depth. • 28 • • [�' l • • B. All dwellings shall have a permanent foundation in • conformance with the Minnesota State Building Code. SEC. 11.27 . Reserved. Y • • • • 29 ZONING TEXT ADOPTED JUNE 7`, 1994 SEC. 11.28 . URBAN RESIDENTIAL ZONE (R-1B) . Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential development where public sanitary sewer and water are available . Subd. 2 . Permitted Uses . Within the urban residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. existing single family attached dwellings; C. existing two family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; C. cemeteries; D. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; E. bed and breakfast inns; F. utility service structures; G. day care facilities serving 13 through 16 persons; H. residential facilities servicing from 7 through 16 persons; 30 • • I. relocated structures; J. structures over 2-1/2 stories or 35 feet in height; K. developments containinc more than one principal structure per lot; or L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the urban residential zone, the following uses shall be permitted accessory uses : A. garages; B. fences; C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the urban residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 9, 000 square feet; one existing two-family dwelling per 11, 000 square feet . B. Maximum impervious surface percentage : 50k C. Lot specifications : Minimum lot width (single-family detached) : 60 feet; (existing two-family dwelling) : 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet r_ D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit . Subd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code . SEC. 11.29 . Reserved. Is 12 • YONING TEXT ADOPTED JUNE 7;1994 SEC. 11:30. OLD SHAKOPEE RESIDENTIAL ZONE (R-1C) . Subd. 1 . Purpose: The purpose of the Old Shakopee residential zone is to provide an area fcr the continuation of existing residential development and development of existing lots in the older residential areas where public sanitary sewer and water are available. The combination of small lots is encouraged. Subd. 2 . Permitted Uses. Within the Old Shakopee residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. single family attached dwellings, up to a maximum of two dwellings; C. two family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons. Subd. 3 . Conditional Uses. Within the Old Shakopee residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; _ C. cemeteries; D. hospitals and clinics; E. public cr private schools having a course of instruction approved by the Minnesota 3oard of Education for students enrolled in sC through grade 12, or any portion thereof; F. bed and breakfast inns; - G. funeral homes ; 33 ■err • H. utility service structures; • = I. day care facilities serving 13 through 16 persons; J. residential facilities' servicing from 7 through 16 persons; K. relocated structures; L. structures over 27.1/2 stories or 35 feet in height; M. developments containing more than one principal structure per lot; or • N. other uses= similar 'to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted• Accessory Uses. Within the Old Shakopee residential zone, the following uses shall be permitted .accessory uses : A. garages; B. fences; • C. recreation equipment; D. gardening and: other_: horticultural uses not involving retail sales; • E. swimming pools;• F. tennis•.courts; • • G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Desicn Standards .- Within the Old Shakotee residential zone, no land shall be used,_ ard.no structure shall be constructed or used, except in conformance- with the following minimum requirements : A. Density: one . single - family dwelling per 6, 000 square feet ; one two-family dwelling per 11, 000 square feet . B . Maxi:nun imr.ervious surface percentage : 5 C. Lot specifications : Minimum lot width (single-family detached) : 50 feet; (twc-family dwelling) : 70 feet Minimum lot depth: 100 feet Minimum front yard setback: equal to the average setback of other principal structures on the block. If there are fewer than three other existing principal structures on the block, the setback is 30 feet . Minimum street side yard setback: equal to the average street side yard setback of other principal structures on the block. If none exist, the setback is 10 feet . ., Minimum interior side yard setback: - 5 feet; or one side at 3 feet and the other side at 7 feet . Minimum rear yard setback: 30 feet Minimum rear yard setback for accessory structures : 5 feet D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit . Subd. 6. Additional Requirements. A. --- All dwellings shall have a depth of at least 20 feet . for at least 50 percent of their width. All dwellings- shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. SEC. 11.31. Reserved. 35 • NING TEXT ADOPTED JUNE 7, 1994 SEC. 11.32 . MEDIUM DENSITY RESIDENTIAL ZONE (R-2) . Subd. 1 . Purpose. The purpose of the medium density residential zone is to provide an area which will allow 2 . 5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses . Subd. 2 . Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one or more of the following uses : A. residential structures containing two to four dwelling units; B. existing single family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd. 3 . Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. multiple-family dwellings containing up to 6 units; B. home occupations; C. hospitals and clinics; D. cemeteries; E. churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; G. nursing homes; H. bed and breakfast inns; I. utility service structures; J. day care facilities serving from 13 through 16 persons; 36 K. residential facilities serving from 7 through 16 persons; L. relocated structures; M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . tubd. 4 . Permitted Accessory Uses. Within the medium density residential zone, the following uses shall be permitted accessory ises : A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or I. other accessory uses, as determined by the Zoning Administrator. Mod. 5 . Design Standards. Within the medium density residential :one, no land shall be used, and no structure shall be constructed )r used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 9, 000 square feet; one two-family dwelling per 11, 000 square feet; one triplex per 12, 000 square feet; one quadplex per 16, 000 square feet . B. Maximum impervious surface percentage : 60k C. Lot specifications : 37 Minimum lot width (single-family detached) : 60 feet; (two-family dwelling) : 70 feet; (multiple-family dwelling): 100 feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit . Subd. 6 . Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. SEC. 11.33 . Reserved. • 38 ZC NG TEXT ADOPTED JUNE 7, 1 SEC. 11.34 . MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3) . Subd. 1 . Purpose. The purpose of the multiple-family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses . Subd. 2 . Permitted Uses. Within the multiple-family residential zone, no structure or land shall be used except for one or more of the following uses : A. multiple-family dwellings containing three or more units; B. existing single family and two-family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd. 3 . Conditional Uses. Within the multiple-family residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. nursing homes; B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. utility service structures; H. day care facilities serving from 13 through 16 persons; I. residential facilities serving from 7 through 16 persons; J. relocated structures; 39 f ' ., K. structures over 2-1/2 stories or 35 feet in height; L. developments containing more than one principal structure per lot; or M. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the multiple-family residential zone, the following uses shall be permitted accessory uses : A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or I. other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 9, 000 square feet; one two-family dwelling per 11, 000 square feet; one triplex per 12, 000 square feet; one quadplex per 16, 000 square feet . B. Maximum impervious surface percentage: 609s C. Lot specifications : Minimum lot size : 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet 40 Minimum front yard setback: 50 feet Minimum side yard setback: One-half of building height or fifteen (15) feet, whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A) , urban residential (R-1B) , Old Shakopee residential (R- 1C) , medium density residential (R-2) , or multiple- family residential (R-3) zone line . Minimum rear yard setback: 40 feet D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or - thirty-five (35) feet in height without a conditional use permit . Subd. 6. Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. SEC. 11.35. Reserved. 41 /kb CONSENT Memo To: Dennis Kraft, City Administrator j From: Terrie A. Thurmer,Assistant City Planner ofS Date: November 14, 1995 Re: Interpretation Regarding a Decision of the Board of Adjustment and Appeals to Approve Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 for Fischer Aggregates, Inc. Introduction At its October 17, 1995, meeting, the Shakopee City Council reviewed an Appeal of the Decision of the Board of Adjustment and Appeals (BOAA) regarding amendments to a permit for Fischer Aggregates. After the action on this appeal, the City Council discovered that there may have been some confusion regarding the motion for the 17 year time frame. Specifically, the start date that begins the time frame. At the meeting, the City Council directed staff to determine when the 17 year time frame was to end, and to specify a date. The intent of the original Conditional Use Permit was to have the time frame begin on the date of the approval of the original permit on April 5, 1988, which would allow the mine to operate until April of 2005. However, the applicants would like the time frame to begin in 1995, which would allow the mine to operate until October of 2012. A letter from the applicants discussing their preferred time frame has been attached as Exhibit A. Discussion Environmental Assessment Worksheet: The Environmental Assessment Worksheet(EAW) that was prepared for the City of Shakopee by Orr, Schelen, Mayeron&Associates, Inc. (OSM)in 1994, states the following: Page 2. "The City of Shakopee in the 1985 Conditional Use Permit allowed a 19 to 20 year development of the site. Fischer Aggregates requests the same amount of time (19 to 20 years) from the date of issuance of the amended Conditional Use Permit."and "Fischer Aggregates estimates that 976,000 cubic yards will be mined over the next 2 to 3 years." Page 3. Table 1 contains a table stating that Phase 1 indudes both the 370,000 cubic yards of material that was mined during the eight year period between 1985 and 1993, as well as an additional 976,000 cubic yards to be mined between 1994 and 1997. Page 5. "Under the terms of the Conditional Use Permit issued to NBZ, Incorporated, the depth of the mining was limited to 20 feet, acreage to be mined was 131 acres and the mining was to be completed by 2003." and "Fischer Aggregates, in October 1993 applied for an amendment to the Conditional Use Permit to extend the time, the area and the depth of the mining operations." 1 Application for CUP Amendment: In the document entitled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee, August 1995', which was submitted by the applicant as a part of their application, it states the following: Page 11. This page discusses Phase I of the mine and states that the first phase will include establishing the Central Processing Area sometime between 1995 and 1996. Copies of these portions of the EAW and the Fischer Aggregates submittal are attached to this staff memo as Exhibit B. Board of Adjustment and Appeals: In researching the minutes of the Board of Adjustment and Appeals, staff found that there was very little discussion regarding this portion of the amendment request during the public hearing process. Therefore, staff brought this back to the Board of Adjustment and Appeals to determine what each member's perception of the start date was at the time of the approval in September. At its November 9, 1995, meeting, the Board was polled to determine its intent. The results of the poll are as follows: Chairman Mars: September 7, 1995 Commissioner Christensen: September 7, 1995 Commissioner Joos: April 5, 1988 Commissioner Madigan April 5, 1988 Commissioner Bladow: April 5, 1988* Commissioner DuBois: Uncertain as to the intent of her vote. Commissioner Link: Abstained due to his absence from the September 7, 1995, meeting. * After the meeting, it was discovered that Commissioner Bladow was not in attendance at the September 7th meeting when the approval took place. If a start date of 1988 is chosen by the City Council, the 1994 EAW may need to be significantly revised or prepared again since the intensity of the operation would need to be greatly increased to remove the same amount of material in a much shorter time frame. The 1994-95 EAW and CUP applications were prepared with a start date of 1994-95 in mind. Alternatives 1. Approve Appeal Resolution No. CC-713 with a start date of 1995. 2. Amend Appeal Resolution No. CC-713, and approve the amended resolution. 3. Do not approve Appeal Resolution No. CC-713. 4. Table the decision, and request additional information from the applicant and/or staff. Staff Recommendation Staff recommends Alternative No. 1. 2 Action Requested Offer Appeal Resolution No. CC-713, A Resolution Affirming in Part, Modifying in Part, and Reversing In Part, the Decision of the Board of Adjustment and Appeals on Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and Affirming the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 And 2, and move its adoption. i:\planningk c\19951 c1121\appealf2.doc 3 APPEAL RESOLUTION NO. CC-713 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AFFIRMING IN PART, MODIFYING IN PART,AND REVERSING IN PART THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS ON AMENDMENT NO. 3 TO THE MINERAL EXTRACTION AND LAND REHABILITATION PERMIT AND CONDITIONAL USE PERMIT NO. 376,AND AFFIRMING THE RENEWAL OF MINERAL EXTRACTION AND LAND REHABILITATION PERMIT AND CONDITIONAL USE PERMIT NO. 376 AND AMENDMENTS 1 AND 2. WHEREAS, Fischer Aggregates, Inc., the applicants and owners, have filed an application dated October 8, 1993, for Amendments to Conditional Use Permit No. CC-376 (and subsequent amendments No. 1 and No. 2) under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine; and WHEREAS, this parcel is presently zoned Agriculture (AG) with a Mining Overlay (MIN); and WHEREAS, the property upon which the request is being made is legally described as follows: The Northeast Quarter of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota. Also: the West Half of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota, lying north and easterly of the northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17 Township 115 North, Range 22 West, Scott County, Minnesota, tying northeasterly of the northeasterly tight of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway; and WHEREAS, notice was provided and the Shakopee Planning Commission held a public hearing regarding this application on Nov. 4, 1993, and Dec. 9, 1993; and the Shakopee Board of Adjustment and Appeals held a public hearing regarding this application on March 9, 1995; April 6, 1995; May 4, 1995; June 8, 1995; July 6, 1995;August 3, 1995; and September 7, 1995, at which it heard from the Planning Director and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing on September 7, 1995, the Board of Adjustment and Appeals voted to approve the application; and WHEREAS, a written appeal was filed with the City Administrator by Beverly J. Koehnen within ten days of the action of the Board of Adjustment and Appeals; and WHEREAS, the City Council has reviewed the application, the record before the Planning Commission, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City Council hereby affirms the decision by the Board of Adjustment and Appeals to approve the following amendments to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376: 1) To expand the operation to indude the 5 acre Rutt Farmstead; 2) To relocate the natural gas pipeline on the site; 3) To relocate the central processing area; 4) To increase the final development grades from an elevation of between 800 to 810 feet to an elevation of between 774 and 814 feet; 5) To change the operation from three to five phases; and 6) To increase the cubic yards of materials mined from 1,640,000 to 3,750,000 cubic yards; and That the City Council hereby modifies one amendment to allow the mine to operate for 17 years from the date of the hearing regarding the appeal of the Board's approval of Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 (October 17, 1995), or until October 17, 2012; That the City Council hereby reverses the approval of one amendment that was approved by the Board of Adjustment and Appeals to expand the hours of operation from 8:00 am to 5:00 pm, Monday through Friday,to 7:00 am to 5:00 pm, Monday through Friday; and That the City Council hereby affirms the decision of the Board of Adjustment and Appeals regarding the renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 5 NOV 16 '95 01:16PM AVR INC P.2/2 FISCHER AGGREGATES, INC. EXHIBIT A 6801 WEST 150TH STREET APPLE VALLEY, MN 55124 612-432-7132 November 16, 1995 Mayor and City Council City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: FISCHER AGGREGATES C.U.P. Dear Mayor and Council: This letter is to provide further clarification of the completion date of our mining operation in your City. Initially our application was for 20 years from the date of approval of our 1995 Conditional Use Permit (C.U.P.). We have reduced the mining time to 17 years. Therefore,the C.U.P. would expire on October 17, 2012. At that time all mining will have ceased and the final reclamation. will commence thereafter. The final restoration will be completed within 12 months of the mining completion date. We trust that this will further explain the significance of the reduced time frame and meaning of the termination date. Sincerely, 4.4t, 6,644i Liza Robson LR:mc cc: Gerry Duffy REMO/I John Voss Wk 4 6 '/95 NOV 16 '95 01:15PM AVR INC P.1/2 FISCHER AGGREGATES, INC. 6801 West 150th Street Apple Valley,MN 55124 (612)432-7132 Fax: (612)432-7530 faxt r a n s m i t t a l to: Terrie Thurmer, City of Shakopee fax: 445-6718 from: Liza Robson date: November 16, 1995 re: Fischer Aggregates C.U.P. pages: Two NOTES: EXHIBIT B - 6. Description Give complete description of the proposed project and ancillary facilities. Emphasize construction and operation methods and features that will cause physical manipulation of the environment or s_ produce wastes. Indicate the timing and duration of construction activities. The proposed project will be an expansion of the Fischer Aggregate operations that excavates, processes and loads sand and gravel. The expansion operations will increase the depth of the mining operation, 11 increase the land area, and increase the life of the operation. Sand and gravel excavation has been conducted for the last eight years under a Conditional Use Permit from the City of Shakopee at the project site. Fischer Aggregates has applied to amend the Conditional Use Permit to include these expanded activities. One 25-acre area of the site has been mined to a depth of 20 feet on an irregular basis over the last eight years. It is estimated the 370,000 cubic yards of sand and gravel have been removed. This Environmental Assessment Worksheet addresses the impact of the expanded activities. The existing Conditional Use Permit restricts the mining to a depth of 20 feet. Fischer Aggregates has requested an amendment to the existing permit to be allowed to mine to a depth of 40 feet. This depth will remove a greater amount of sand and gravel. The amendment also requests an increase in the permitted land area from 131 acres to 136 acres. Fischer Aggregates is in the process of acquiring a 5-acre farmstead located adjacent to the southwest corner of their existing property. The additional five acres of land will allow operation to be copducted more efficiently. In addition. the amendment requests an extension in the life of the operation.. The City of Shakopee in the 1985 Conditional Use Permit allowed a 19 to 20 year development of the site. Fischer Aggregates requests the same amount of time (19 to 20 years) from the date of issuance of the amended Conditional Use Permit. The mining operation will be divided in 5 phases (Table 1). Phase 1 will involve creating the central operations/processing_area,relocating a natural gas pipeline and the excavation of the Phase 1 areal Fischer A:..e:ates estimates that 976,000 cubic ands will be mined over the next 2 to 3 ears. .e II. operations/processing area will include the crusher,screening and wash p ant, sedimentation pond, scale house, truck parking and maintenance, material stock piles, and internal road networks necessary for operations. Phases 2,3,4 and 5 will involve excavation and processing,the construction of any necessary 1 on-site haul roads and land rehabilitation of previously mined areas where operations have ceased. Phase 3 will also include the demolition of the buildings located on the farmstead. In each phase, the mined material will be placed on a conveyor belt and conveyed to the central operations/processing area. In the processing area, the material will be crushed, washed if necessary and loaded or stockpiled. Each completed phase will be restored in accordance with the Conditional Use Permit issued by the City of Shakopee and the ordinances of the City of Shakopee and Scott County. :, T t •1 3 t JCISx December 29, 1994 Page - 2 I — The hours of operation for mining and truck hauling in the current Conditional Use Permit are 7 AM to 111 7 PM. Truck traffic will be an average of 60 trips per day during the mining season (April through November)and traffic will only enter and exit the site from the existing paved driveway access located on !II County Road 83. Table 1 Phase _ Quantity (cu. yds.) Approximate Length of Time Acres IPhase 1 370,000 mined 25 8 years (1985-93) 976,000 to be mined 2 to 3 years (1994- 1997) _ I Phase 2 1,242,590 26 4 years Phase 3 1,192,590 28 4 years IPhase 4 1,455,180 R; 26 5 years Phase 5 1,062,960 27 4 years Total 6,299,800 136 19 to 20 years 7. Project Magnitude Data Total Project Area (acres): 136 (includes five acre farmstead to be acquired) or Length (miles): N/A Number of Residential Units: N/A Unattached: N/A Attached: N/A Commercial/Industrial/Industrial Building Area (gross floor space) Total square feet; No building space required for the mining operation Indicate area of specific uses: N/A Office: Manufacturing: 311 Retail: Other Industrial: T Warehouse: Institutional: Light Industrial: Agricultural: — JI Other Commercial (specify): Building Height(s): N/A I jQS% December 29, 1994 Page - 3 I 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses;indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past uses, such as soil contamination or abandoned storage tanks. al The site has been used for mining sand and gravel for the last eight years. Prior to its development as a mine site, it was cultivated,primarily for corn crops. This area is well suited for sand and gravel mining activities because of its abundant gravel deposits and rural location. The City of Shakopee issued a Conditional Use Permit on April 5. 1988 and renewed it May 9. 19911 Under the terms of the Conditional Use Permit issued to NBZ, Incorporated, the depth of the mining was limited to 20 feet, acreage to be mined was 131 acres and the mining was to be completed by 2003. Fischer Aggregates, Incorporated informed the City of Shakopee in a letter on March 29, 1993 of the change in ownership of the site and its intent to continue to operate as a sand and gravel quarry. Fischer Aggregates,in October 1993 applied for an amendment to the Conditional Use Permit to extend the time,the area and the depth of the mining operations. Figures 4 and 5 show the intended reclamation plan and the end-use plan for the site under Jthe proposed amendment.( The City of Shakopee is considering the extension of the Conditional Use Permit. Fischer Aggregates-continues to operate the mine under the terms of the existing Conditional Use Permit. Fischer Aggregates will mine the site in five phases. Land not actively being excavated will continue to be used for agricultural purposes. After each excavation phase is complete,the land will be reclaimed in 3 accordance with the Conditional Use Permit which designates restoration to agricultural purposes. The adjacent land to the south,west,northeast and southeast of the site is zoned agricultural. The land to the northwest of the site is zoned residential. The area surrounding the site contains agriculture land and residences. Two residences with barns and garages are approximately 1250 feet south of the central processing area (Phase 1 operations). A farm residence with barns is located 1350 southwest of the central processing area and a cluster of residences are located 1200 feet north of the central processing area. The City of Shakopee requires that mine operators obtain a Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit. The City includes stipulations with the permit conditions to safeguard the health and well being of residents as well as property values. Setbacks,buffer areas and screening,traffic routes, dust control and appearances are typical of the conditions placed on operators by the City. 3 No known environmental hazards are present on the site. A farmhouse well,discussed in number 13,and a septic system,discussed in number 20,will be closed in accordance with applicable State of Minnesota and City of Shakopee regulations. T. Noise and dust from the site operations will be mitigated by the creation of eight to ten feet high topsoil berms,by the materials handling system which will limit truck traffic and by lowering the floor of the area where the central operations/processing area is conducted. Topsoil berms will be built around the central processing area and around the area being excavated. A materials handling system consisting of conveyors will be used to move the sand and gravel from the excavation area to the central operations/processing area. This materials handling equipment will reduce the truck traffic on-site thus reducing noise and dust impacts from the operation. Noise from the project should be further reduced as the floor of the process area will be 46 feet below the surrounding surface. This lower floor should mitigate potential noise or dust impacts that the operation would otherwise contribute to the surrounding area. j 10. OS. December 29, 1994 Page - 5 I EXHIBIT C I is the proposed addition of the approximate 5 acre Rutt farmstead. This amendment now includes 136 acres. I General comparisons between the Merila (N.B.Z.) conditional use in 1985 and the Fischer site proposal in 1995 are: IN.B.Z. 1985 Fischer 1995 Total Area 130.73 Acres 136 Acres IAccess Road To: Co. Rd. No. 83 Same Location I Pipeline To Remain To Be Relocated Rutt Mined Around Site Included in Mining Area I Berms 8 ft High Perimeter Berms Same Processing Area To Move with Mining Face Central Processing Area Identified IEquipment Crusher, Screen & Wash Same Plant IFinal Development Grades From Elevation 800-810 From Elevation 774-814 rPhases 3 Phases - 17 years 5 Phases - 20 Years ICubic Yards of Material* 1,640,000 Gravel 3,750,000 Gravel I * Estimate of net gravel to be removed from site. - G. Environmental Assessment Worksheet (E.A.W.) IAn E.A.W. was prepared for the subject property and recorded on April 12, 1985. This E.A.W. was updated in 1994 as a part of this Conditional Use Permit IIAmendment process. ‘- An An Environmental Assessment Worksheet(E.A.W.) was prepared by Orr, Schelen, I Mayeron & Associates, Inc. and is dated October 1994. The E.A.W. was prepared to address proposed changes to the existing mining operation including mining limits, mining depths, phasing and pipeline relocation. Findings from the E.A.W. conclude I that there do not seem to be any significant environmental effects that will result from this project with appropriate mitigation measures implemented. The City of Shakopee made a negative declaration on the need for an Environmental Impact Statement Iduring their January 3, 1995 meeting. During the 30 day comment period, comments were received from three agencies, Ithe Minnesota Department of Natural Resources (DNR), the Minnesota Pollution 2 III I IFfr the future, this area may include a concrete ready-mix operation if approved by the City. The maximum stockpile height shall not exceed an elevation height of 810 feet. This will provide a complete screen from County Road No. 83. 3. Conveyor: The conveyor will be located between the pit face and the central operations area. This will be used to convey mined material, reducing the need for trucks. 4. Access Road (Haul Road): The access road will be located as illustrated on Exhibit C. The access road will be a minimum of 30 feet wide and will rise from the operations area elevation of 774 feet to County Road No. 83 at a slope not exceeding seven (7%) percent grade as illustrated on Exhibit C. This is the same general location as currently exists. The access road will be paved for a minimum of 200 feet from County Road No. 83 in order to control dust. 5. Phase I mining: Phase I is illustrated on Exhibit C. Phase I mining exists as an approximate 25 acr- . -. Approximately 400,000 cu. yds. of material has been removed .1 .• •- onal 930,000 cu. yds. will be mined over the next 3 years. This will include establishing the Central Processing Area as described below. � B. Phasing 1. Central Processing/Operations Area - Year 1995-96:lThe first area to be es is a e e en a pera io is area will be excavated upon issuance of an amended CUP by the City. The area will be excavated to a 774 ft elevation as the floor elevation of the central operations area. Elevations will be as illustrated on Exhibit C. 2. Phase I: Other Phase I activities will include establishing the entrance/haul road as illustrated on Exhibit C, completion of mining to the Phase I elevations as illustrated on Exhibit C and relocating the natural gas pipeline to the perimeter of the property as illustrated on Exhibit C. Some additional Phase I mining may be included in Phase II, at the west end, due to the shape created by the pipeline. I I11 I I I3. Phase Quantities and Schedule: The projected quantity of material to be mined and years for each phase is as illustrated below: 1 Phase Quantity (cu. yds.) Years to Mine Phase I 1,330,000 2 to 3 years Phase II 920,000 4 years Phase III 1,000,000 4 years Phase IV 900,000 5 years 1 Phase V - 850,000 4 years IITOTAL 5,000,000* 19 to 20 years * Includes overburden and topsoil. I4. Progression of Phases: Mining will progress from Phase Ito completion with the mining of Phase V over a projected period to 20 years. The pit face wil I move, progressively, in a southwestern direction. Material will be conveyed to the "central processing area." Each completed Phase will be restored as described in this report. I5. Demolition of Rutt Farm: The Rutt Farmstead, which occupies approxi- mately 5 acres, will be demolished and mined as a part of Phase 3 as I illustrated on Exhibit C. At that time, the existing Rutt driveway to County Road No. 83 will be removed/closed. I 6. Filing with Scott County: The volume/quantity of material removed from the site is reported to Scott County on a quarterly basis. I7. Road Salt: Road salt will not be mixed, stored or sold from the site. I I I I u 12 i / 16 CONSENT Memo To: Dennis Kraft, City Administrator From: Paul Bilotta, Planning Director Meeting Date: November 21, 1995 Re: Livable Communities Act Housing Goals Introduction As part of the participation in the Livable Communities Act, the City must negotiate housing goals with the Metropolitan Council by December 15, 1995. The City's current index and the sector's benchmarks are contained in Exhibit A. The City will be required to submit a plan to the Metropolitan Council by June 30, 1995 indicating the actions it will take to carry out the negotiated goals. Discussion As demonstrated in Exhibit A, the City of Shakopee should be perceived as a model community with respect to affordable housing. The Metropolitan Council would like to see each community seek to meet or exceed the benchmark values and failure to choose a goal that meets or exceeds the benchmarks will likely result in additional scrutiny or rejection of the goals. On the other hand, choosing a goal that is significantly greater than the benchmark value has a downside risk of reducing the City's flexibility and control of its own destiny since the Metropolitan Council would likely take punitive action if the City did not meet its goal, even if it was still exceeding the Metropolitan Council benchmark for the sector. Choosing a lower goal value(for instance, ownership affordability of 64%)will still allow the City to strive to achieve greater affordabilty, but without the interference of the Metropolitan Council. Staff is therefore proposing the following goals: Table 1: City Index Benchmark Goal* Affordability Ownership 90% 64-69% 64% Rental 53% 32-35% 32% Life-Cycle Non-Single Family Detached 34% 35-38% 35% Owner/Renter Mix 68/32% (70-75)/ 70/30% (25-30)% City Index Benchmark Goal* Density Single Family Detached 2.1/acre 1.9-2.3/acre 1.9/acre Multi-Family 13/acre 10-11/acre 10/acre *Staff recommendation Alternatives 1. Approve the goals as recommended by staff. 2. Modify the goals as recommended by staff and approve the goals as modified. 3. Table the decision, and request additional information from staff. Staff Recommendation Staff recommends the approval of the housing goals as shown in Table 1 above (alternative 1). Action Requested Authorize the appropriate City officials to execute the documents approving the City of Shakopee's housing goals for the Metropolitan Livable Communities Act Local Housing Incentives Program as shown in Table 1 of the memo from the Planning Director to the City Administrator, dated November 21, 1995. i:\planning\cc\1995\cc 1121\livcom.doc • Exhibit A DRAFT HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT • PRINCIPLES The city of Shakopee supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the City of Shakopee agrees to use benchmark indicators for communities of similar location and�stage of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. CITY INDEX BENCHMARK GOAL Affordability Ownership 90% 64-69% Rental 53% J 32-35% Life-Cycle Type(Yon-single family 34% 35-38% ed) Owner/renter MIs 68/32% (70-75) / • (25-30)% Density . Single-Family Detached 2.1/acre 1 1.9-2.3/acre Multifamily 13/acre ! 10-11/acre To achieve the above goals, the City of Shakopee elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. • CERTIFICATION Mayor Date .nni\ISLN-1 ! 1C TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Group Health Insurance DATE: November 8, 1995 Introduction Council authorization to renew coverage for employee group health coverage is requested Background The city has received the renewal rates from Blue Cross Blue Shield for 1996 employee group health coverage. The rates are: 1995 1996 Single $127.93 $128.05 Two Party 302.60 302.92 Family 389.53 389.85 Rates for renewal of life, ad&d and disability have not been received yet. Action Requested Move to authorize the proper city officials to execute contracts for the renewal of employee group health insurance coverage with Blue Cross Blue Shield of Minnesota. / 1Ci Attached is a print out showing the division budget status for 1995 based on data entered as of 11/16/95 . Legal is running ahead of budget due to the BIA issue. The Civic Center capital projects fund has recorded expenditures of $3, 758, 657 .50 to date including an amount in this bill list of $1, 034, 747.16. Included in the bill list are payments for relocation in Blocks 3 & 4 to; Ronald Kosse $20, 000 Elisabeth Kuhlemeier 750 Michael Meoli 550 Amy Gregory 950 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 11/16/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 2,681 57,655 83 12 CITY ADMINISTRATOR 224,985 9,871 158,197 70 13 CITY CLERK 122,470 7,080 103,467 84 15 FINANCE 303,390 17,018 255,433 84 16 LEGAL COUNSEL 212,090 13,045 206,206 97 17 PLANNING 464,430 14,352 320,832 69 18 GENERAL GOVERNMENT BUILDINGS 148,120 5,701 113,738 77 31 POLICE 1,495,760 103,031 1,283,427 86 32 FIRE 410,240 1,523 286,353 70 33 INSPECTION-BLDG-PLMBG-HTG 197,780 11,006 160,290 81 41 ENGINEERING 357,100 22,454 284,412 80 42 STREET MAINTENANCE 784,180 31,077 505,559 64 44 SHOP 112,120 7,585 85,931 77 46 PARK MAINTENANCE 292,420 8,647 256,468 88 61 POOL 136,580 905 92,918 68 64 RECREATION 239,580 12,049 205,140 86 91 UNALLOCATED 128,270 521 23,644 18 TOTAL GENERAL FUND 5,698,965 268,546 4,399,670 77 17 PLANNING 467,160 16,768 287,472 62 TOTAL TRANSIT 467,160 16,768 287,472 62 19 EDA 119,080 4,697 73,690 62 TOTAL EDA 119,080 4,697 73,690 62 1 g 0 a 04 a 04040404040400404 0404 04 a 04 a 04 a a 04 a HH H H H H H H H H H H H H H H H H H H H H H H X W Oto 042 0 z •0 z w U o H N r` CO 0 H 01 01 01 01 O1 01 O1 CA N N CA co M er In t0 0 H 01 O m M M M M N N N N N N N N M M M N M M M m M c0 M NN N CO 0 CD CO CO Co Co CO Co CO CO CO 0 CO Co Co Co co 0 CD OD Z 00 0 m M MMf+)Mf")MMM M M 0) M M M M M M N M H 00 0 O 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 Co 0 00 O O O 0 0 0 0 0 0 0 0 O O 0 0 0 O 0 0 0 M O U)O 0 H H H H H r4 r{H H ri M M 0 N N O O O O O O H CO m CA N N N N N N N N N N M M H N V• V 01 i") .N e)' 4.4 Zci Mtn M M M MMMMMMMM 14 M H N N M U) m N N • '.7 W Tr M V' V' V' W V'V•V'V'V'[r V' cr V 4:14 N 4zr V' V' 'V' 'd' V' sr O to : I I I I 04 1 04 04 04 1 04 1 I I I I I 04 I I I 04 04 UZ HO H H H HHHHHHHH HN M N O H H U) 0 H H ( . 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IV MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Surveying Work for Maras Street Feasibility Report DATE: November 14, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is a proposal for surveying services for the feasibility report on Maras Street from Orr-Schelen-Mayeron&Assoc. (OSM). BACKGROUND: On June 7, 1994, City Council authorized a feasibility report for an improvement to Maras Street, from 13th Avenue south to connect up with County State Aid Highway (CSAH) 18. This report has been delayed due to staff turnover and the number of projects constructed this past year. In order to more accurately estimate the project costs in providing a paved street and drainage system for Maras Street, a preliminary survey is necessary due to the existing topography in the area. The Maras Street area is extremely flat with poor drainage along the street. Staff feels a survey is necessary to determine the amount of grading work in reconstructing Maras Street and what drainage system is necessary to serve the area. In addition, a survey will determine if the Maras Street improvement will need Savage storm sewer along the City limit line which would be an additional storm sewer cost. The surveying proposal outlining the Scope of Services and a cost not-to-exceed $1,400.00 is attached for Council review. This surveying work being proposed is not a design survey but a lesser survey needed to obtain the necessary information. Also this information can be utilized in the design of the improvement if approved by Council. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute the surveying services proposed for Maras Street at a cost not-to-exceed$1,400.00. 2. Do not authorize surveying services. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1,to assist in the preparation of the feasibility report. ACTION REQUESTED: Move to authorize the appropriate officials to execute the surveying services City proposed for Maras Street at a cost not-to-exceed$1,400.00. BL/pmp MARAS 1 1 . 15. 95 03 : 3 6 P M * OSM ASSOC P 0 2 Orr Rhein Associates, November 15, 1995 300 Park Place East 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 Mr. Bruce Loney 612-59I-800756 S775 City of Shakopee FAX 595-6774 �, i 129 South Holmes Architects itects Shakopee, MN 55379 Surveyors RE: Proposal for Surveying for Maras Strat Shakopee Proposal No. 0359.95 Orr-Schelen-Mayeron & Associates, Inc. (OSM) is pleased to present this proposal for providing surveying services to the City of Shakopee. OSM is currently under contract to the City to provide Processional Services. We would propose to perform these services under the terms of the Contract and this Agreement per Section I-C-2 of the Contract. This Extension Agreement is for the Feasibility Report Survey for Maras Street. OSM agrees to accomplish the attached Scope of Services for a fee not to exceed $1,400. We have personnel available to commence work immediately and would complete the survey within 30 days of notice to proceed. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MA • * N CITY OF SHAKOPEE n.SSOCIATES, / APPROVED DATE D. Edward Ames, LS. Vice President City Administrator Date C. DDM, OSM City Clerk Date attachment Mayor Date H:\LAST WR\BJP\SURVEY\DEA\LEI ERS\111593.$L Equal Opportunity Employer 1 1 . 15. 95 03 : 36PM * OSM ASSOC PO 1 NOV-15-1995 11:43 P.01 SURVEYING SERVICES FOR FEASIBILITY REPORT SURVEY FOR MARAS STREET FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES: Utilizing County Coordinates for horizontal control and City bench marks for vertical control, survey topography and cross-sections for new street construction as follows: • Locate existing monuments to establish centerline alignment and tie to County control. • Minimum 100 foot profile on centerline. • Cross-sections at 500 foot intervals of the right of way at driveway locations of developed property if possible. • Low building slab elevations of building along Maras Street. • Drainage ditch profile of Maras Street to Savage storm sewer at Shakopee-Savage city limit line and survey wetland elevations south of existing Maras Street. • Deliver finished surveys to City in electronic format forme on CADD. Finished survey CADD file shall contain a point file with linear features outlined, Post Fax Note 7671 °Rt.Erit iMliallagrafr 42^-j Oo� - 2111111111111111111111 Phot.# S6 MEMO TO: Dennis R. Kraft, City Administrator /11) FROM: Bruce Loney, Public Works Director SUBJECT: P&V Reconstruction Project No. 1995-5 Resident's Reimbursement Request DATE: November 14, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Mr. John Boegeman of 311 East Sand Street has met with City staff in regard to connecting to municipal sewer and water utility lines earlier than he anticipated. He is requesting reimbursement from the City on extra costs he will be incurring due to connecting to City utilities now versus three years from now. Mr. Boegeman will be in attendance at the meeting to discuss this situation with Council. BACKGROUND: Attached to this memo is a letter sent to Mr. Boegeman and a drawing in regard to his connecting to City sewer and water utilities after the telephone company had disturbed one of his drainfield trenches during an installation of a new telephone cable in the City's right-of-way on Sand Street. During the installation of sanitary sewer and water service lines to Mr. Boegeman's property, his drainfield trenches were disturbed to install the services. Staff had instructed the Contractor to repair the lines even though these lines are in the right-of- way. This repair was approximately six feet in width. During the installation of a new telephone cable, one of the drainfield trenches were disturbed almost along the entire length. The telephone company had made arrangements to have the drainfield replaced in another location. Per City Code this type of replacement of drainfield lines is a substantial repair and if City sewer and water lines are available,the property owner is to connect to City utilities. The telephone company did contact the City's Building Official on this situation, who read the paragraph in the City Code which states the requirement to connect. The property owner was not told he had to connect, in fact, the Building Official only talked to a telephone company representative. Mr. Boegeman then took out a permit to connect to City utilities and is now asking for reimbursement for extra costs he feels he will be incurring which are as follows: 1. Reimbursement of City sewer and water bills for a period of three years. 2. Reimbursement of lost interest from his expenditures in connecting to City sewer and water which is estimated to be $4,000.00. Staff has reviewed this request and as per the attached letter, staff feels the City is not responsible for providing reimbursement to Mr. Boegeman since the City did not direct the property owner to connect and the telephone company did the damage while operating in the City's right-of-way. Mr. Boegeman's contention is that he has a permit to install the drainfield lines and the City had no right to disturb his system. ALTERNATIVES: 1. Direct staff to enter into a reimbursement agreement with Mr. John Boegeman for sewer and water bills up to three years and lost interest on three years from expenditures related to connecting to City sewer and water lines. 2. Deny the request. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 2, since it was the telephone company that damaged Mr. Boegeman's sewage treatment system while operating in the City's right-of-way with a permit to work in City right-of-way. Staff believes the City should not be responsible for items in public right-of-way which have been placed unknown to the City and damaged by a third party such as a Contractor or utility company. ACTION REQUESTED: Move to deny the request. BL/pmp BOEGEMAN '1 'Th P111111111111 . ., SHAKOPEE October 27, 1995 John Boegeman 311 E. Sand Street Shakopee, MN 55379 RE: Sanitary Sewer and Water Connections Dear Mr. Boegeman: An issue has been raised with the construction of improvements with the P&V Subdivision improvement project adjacent to your property. The issue deals with the sanitary sewer and watermain connections to City municipal utilities to your house on your property. Attached is a City drawing which was done by City Engineering staff which shows the existing onsite sewage treatment system for your property. On this drawing you will note that the existing drain tiles for the onsite sewage treatment system are both located on the City's and formerly Township's right-of-way. The street right-of- way of Sand, Mound and Lewis Street on the P&V Subdivision is 66 feet in width with the previous road being 24 feet in width and the current roadway is 36 feet in width from face of curb to face of curb. It is my understanding that during the sewer and water service installation to individual lots, the City's Contractor did cross existing drain tile for the drain field trenches in several locations. Approximately 6 feet of trench was disturbed by our Contractor. It is our understanding that the Contractor did reconnect the lines and placed drainage rock around the drain tile. The procedure was done on your property when the sewer and water lines were installed to serve your property to our knowledge. Later on in the project, U.S. West Telephone Company installed a new phone communication line in the area and disturbed a substantial portion of your southerly most two drain fields that you have for your onsite sewage treatment system. Approximately 20 feet of drain tile was removed and most of the drain field trench was disturbed in the process of installing the telephone line. In the City Code in Chapter 3, Utilities Subdivision 8, Hook-up Required, it states the following: "Any property abutting a public street or alley in which sanitary sewer mains have been constructed and any residential property abutting a public street or alley in which City water lines have been constructed must be connected to said sewer mains and water lines within three years or immediately upon a private system becoming defective whichever occurs first. A system becomes defective when substantial repair is needed such as replacement of drain field lines, pumping of tanks or replacement of a well pump motor." CavNt..\TIY PRIDE SLNCE 1837 129 Holmes Street South• .hako ee.V•--em,ta -";7y13F1 612--14!L -50 • FIr 612-445-'-7:S • In the case of your property, the amount of disturbance of the drain field line was indicated to the phone company to need a substantial repair necessary for the system to become operational again. In a conversation with the City's Building Official, he did talk to a phone company representative and stated that the City would prefer the connection to City sewer and water versus repair of the onsite sewage treatment system. No directive was given to the phone company, only information. In other locations in the project area, the Contractor did damage existing onsite sewage treatment systems. In one instance a septic tank was located in the right-of-way and needed to be removed in order to construct the improvements. This system was deemed to be a substantial repair and the property owner did connect up to City sewer and water. In other areas, during the installation of City sewer and water services, a drain field trench line may have been disturbed or cut during the installation of City sewer and water lines and our Contractor did reconnect and repair the drain field trench during the installation. In summary, the City did not direct the property owner to connect to City sewer and water. The City officials did inform the telephone company of City Code requirements in this matter. The City has made a point to restore the private sewage systems to the extent possible during the construction of City improvements in this area. The party that did the most damage to your onsite sewage treatment system was the telephone company and not the City. Based on those two considerations, I do not feel the City has been negligent or is responsible for providing any additional payment to you for connecting to the City and water systems. I would be glad to meet with you and discuss this further if this is your desire. Contact me at Shakopee City Hall if you have any questions. Sincerely, l e-G> Bruce Loney, P.E. Public Works Director BL/pmp BOEGEMAN cc: Dennis Kraft, City Administrator • 1 • 0- I.^ 2 ..) m m o, C A , 1- !A . ,1 z z 0 1 0m m - z I IA -_�n Krn $ _ Rjw- I r -+ m oX • $ Z+ om.D mp * z • 2 rn Opa Dy I I 23 Z gy Dm CO �- O col a -�� co 73 o0 rn 0 OK rn ! ~ ! 0 C O 00 li.) .. A . M _ ""m D o D �L 0O o 0 0 -n i g O D 0 o D { O -VI Z .j , O m� • 'n orn rnz o�� rn o o s 0 -, n D sops x a 000 5^ «� z>_ N m m Cl) 1 N 0 b C) 0 x Pv C" Z•� rn [=J 0 MAGNETIC 8 _ r • r• ,.,• o . .. co 1 , • . (.7 01.12NOVN . • 0 r4 • Li >.: .. V) zi-1 < °:• 0 "t .3 03 i m 0 7 .... .. U) - ,-.7, (/) LIJ ILI E•-• 0 0 41 EL. II • i- o , •re IX .7-c a z fil 0 ,....., 0 , --, • Li_ --I C..., z LT vi. . ,•• 0 0 _ - - OO LU • . o o 0 Z LIJ Lii 0 LI_ o • •• ',.. -J 0 Cd C ---1-C Z 0 .. ,..4 LI_ I.J_I 1 ......_ 6 x 0L _J _J 0 < . . F- •-• 0 . Li_ (r) 0 --I Z .„ (N < ___ i W Lu ., > WI ec > F- k t' fY 0 . 0 D ib . 0 • a t- 0 0 t in ,•-- • eci7 Lull) I-1-1 I: o 1-• . _ • o CC > t••• LB.- --.01-- • q . CO 0 • cc CC —...-1 !....0-1 OD LU I-- I— CC , ! l C7i Li • • _ .• b cc C.) (I) < Ch 0 LLJ . c\I •—• V) iii I-- I-- >,_ I— ••• . ,Z I • < Z 63 2c0 0 I— c'1i , kctLL., b 3 •• 1-- Li _J 0 • ° nrX Z cn 6 i g 6 ............, 0d - = NI-<77% 1 ,. • <301/% 33IA83S tanNYS% -rt3S PY . 43 : • • • • ,":7' in . -• CN -.•. •,- 6 ... Z — LUI-- LU I— 0 0 0 o 1* - z z• ec i- p: V I ..:.- -,” - —0.... ....*--1 .., . ,... o 6 • Li _, I . • . f f:. < C) •., = ,.., I • . ',.' W m.mi •. W I . .. . . . . , • 6. ,.' • , ll MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : November 17, 1995 RE: Subdivision Regulations Review Committee BACKGROUND: Councilmember Bob Sweeney requested that the Mayor be directed to appoint a committee to review the draft subdivision regulations . He also suggested that the Mayor be encouraged to solicit suggestions from the Mayor-elect for membership on this committee . The present City Council has had a goal of revising, simplifying, and improving the subdivision regulations. Due to staff changes last winter and spring, and then the heavy development this summer, staff was unable to devote the time necessary to prepare draft revisions until this autumn. Revisions now have been drafted, and are ready for further review. The development community has experience in Shakopee and elsewhere which will enable those developers to recommend changes in our draft to improve it and further increase the efficiency of platting procedures . Once those improvements have been made in the draft subdivision regulations, the draft can be forwarded to the Planning Commission for further refinement, and then finally sent to the City Council for final changes and adoption. This process would match the process which was followed for revising and adopting the new zoning ordinance in 1993 and 1994 . ALTERNATIVES : 1 . Direct the Mayor to appoint a citizen' s committee to review and revise the draft subdivision regulations, and to seek recommendations for appointment to this committee from the Mayor- elect . 2 . Do not appoint a committee . RECOMMENDATION: Move to adopt Resolution No. 4349, directing the Mayor to appoint a subdivision regulations review committee. [17CCL] RESOLUTION NO. 4349 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DIRECTING THE MAYOR TO APPOINT A SUBDIVISION REGULATIONS REVIEW COMMITTEE. WHEREAS, the City Council has request staff to revise City Code Chapter 12, the subdivision regulations; and WHEREAS, staff has spent many hours working on these revisions; and WHEREAS, the revisions makes substantial changes -in the procedures for platting; and WHEREAS, the revisions are designed to simplify requirements and increase efficiency; and WHEREAS, the development community and Shakopee residents and businesses have knowledge and insight which will further improve the draft revisions; and WHEREAS, City Council desires to seek the input of these individuals prior to forwarding the revisions to the Planning Commission; and WHEREAS, the current Mayor' s term will be ending at the end of 1995, and a new Mayor' s term will begin; and WHEREAS, the Mayor-elect should be requested to assist in appointing members to the subdivision regulations review committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Mayor is directed to appoint a citizen' s committee to review and revise the draft subdivision regulations . The Mayor is directed further to seek recommendations for appointment to this committee from the Mayor-elect . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [17CCL] es r '' IIA MEMO TO: Dennis R. Kraft, City Administrator FROM: Ron T. Stellmaker, Recreation Superintendent RE: JANITORIAL SERVICE CONTRACT FOR THE CIVIC CENTER DATE : 11/15/95 INTRODUCTION: Due to the fact that the Civic Center will be fully functional in the next month, the City needs to have a plan implemented for maintaining the janitorial service for the facility. BACKGROUND The Civic Center will start providing service in the Ice Arena as of December 1st, 1995 and the rest of the facility will be functional sometime in January 1996. When the Civic Center starts providing services,the facility will need to be on line with a full time maintenance program. Taking into consideration time, dependability and cost, I am recommending that the city contract out the janitorial services of the Civic Center facility. I have attached a proposal specification for the type of contractual janitorial service being proposed. Staff has received two proposals for the service outlined. I am recommending that we accept the proposal from Pride of the Twin Cities. Note that in the outline of the cleaning specifications, all of the Civic Centers major janitorial needs, such as the locker rooms and bathrooms are going to be maintained on a daily basis. Sanitation and cleanliness of these areas can be a key component in how the over all Civic Center is perceived. More minor janitorial services such as dusting and spot cleaning will be performed on a every other day basis. The part time staff at the Civic Center(Building Supervisors/Rink Attendants) will also be responsible for performing minor janitorial services such as vacuuming sweeping and etc., to keep the facility functioning and looking professional. The janitorial company will furnish labor,payroll taxes, Worker's Compensation, Contractors Public and General Liability Insurance, Property Damage Insurance, Equipment, Cleaning Supplies, and Supervision. The city will be responsible for furnishing all disposable items such as paper towels, toilet paper, liquid hand soap, light bulbs and trash container liners. Due to the fact that the Civic Center will be hosting some larger events at times, such as hockey tournaments, gymnastic events and other major programs, it will also be necessary to hire part time (less than 20 hours per week)janitorial help to assist with the increased traffic flow in our high sanitation and public areas. This staff will maintain minimal part time hours and may be used on an on call basis. Following is summary of the proposals: Osland Janitorial- $33,244.20 per year. Pride of the Twin Cities - $16,140.00 per year Both proposals are based on one year contracts with an option to renew for the next year. The cost implications for janitorial services outlined herein were taken into consideration when the 1996 Civic Center budget was prepared. I believe that it is in the city's best interest to contract out the Civic Centers major janitorial service. I feel this is a cost effective way for us to maintain a professional looking and safe facility. ALTERNATIVES: 1. Authorize the appropriate City officials to execute a janitorial service agreement with Pride of the Twin Cities for the Shakopee Civic Center at a cost not to exceed $16,140.00 per year. 2. Authorize the appropriate City officials to execute and agreement with Osland Janitorial for their janitorial services at a cost not to exceed $33,244.20. 3. Do not approve authorization for contractual janitorial services. 4. Table information pending further information from staff. 5. Hire full and part time janitorial staff to maintain the Civic Center. STAFF RECOMMENDATION: Staff recommends alternative#1 ACTION REQUESTED: Authorize the appropriate City officials to execute a janitorial service agreement with Pride of the Twin Cities for the Shakopee Civic Center at a cost not to exceed$16,140.00 per year. CONTRACTUAL JANITORIAL SERVICES ATTACHMENT#1 CLEANING SPECIFICATIONS SHAKOPEE CIVIC CENTER REST ROOMS & LOCKER ROOMS -DONE ON A DAILY BASIS * REFILL TOWEL, TISSUE& SOAP DISPENSERS FROM CIVIC CENTER STOCK * EMPTY WASTE CONTAINERS * SWEEP FLOORS * CLEAN MIRRORS * CLEAN&DISINFECT FIXTURES &DRINKING FOUNTAINS * SPOT CLEAN WALLS & PARTITIONS * WET MOP FLOORS WITH DISINFECTANT ** ONE TIME PER WEEK -WASH SHOWERS WITH DISINFECTANT. BUILDING CLEANING- DONE EVERY OTHER DAY * EMPTY TRASH * DUST FURNITURE AND SURFACES * REMOVE FINGER PRINTS/SMUDGES AROUND LIGHT FIXTURES AND DOORS. * VACUUM CARPETS AND ENTRY MATS * SPOT CLEAN CARPETS * DUST MOP OR SWEEP HARD SURFACES * DAMP MOP HARD FLOORS * VACUUM FURNITURE AS NEEDED * KEEP JANITORIAL AREA CLEAN i/ si, MEMO TO: Dennis R. Kraft, City Administrator FROM: Bany A. Stock,Assistant City Administrator RE: Assistant Facility Manager/Recreation Programmer Position Appointment DATE: November 16, 1995 INTRODUCTION: On November 14, 1995 applicants for the Assistant Facility Manager/Recreation Programmer position were interviewed by Ron Stellmaker, Recreation superintendent, Paul Bilotta, Planning Director and myself. We have prepared a ranking of the candidates interviewed. It would be appropriate at this time for City Council to provide direction to staff in terms of the position appointment. BACKGROUND: On November 14, 1995, five applicants were interviewed for the Assistant Facility Manager/Recreation Programmer position. The interview team has setforth a ranking of the candidates in order of preference. The ranking method utilized herein is contrary to our typical practice of recommending position appointments. However, this is the first case where an existing employee has applied for a position that has been open to outside candidates. Staff felt it was important to give the internal candidate the greatest opportunity for consideration and therefor has setforth the ranking method as outlined herein. Following is a summary of the candidate ranking: 1. Thomas Herbst * 10+years recreation experience * currently managing 3 indoor rink facility * previous recreation program coordinator experience * extensive ice facility/zamboni mechanical background * previous indoor/outdoor swimming pool operation experience 2. Boyd Clark * previous leisure and tourism director experience * previous ice arena facility management experience * previous recreation program experience * previous indoor/outdoor pool operation experience 3. Mark McQuillan * 15 years previous recreation program and supervisor experience - City of Shakopee * expressed willingness to learn facility/operation issues 4. David White * previous recreation program supervisor experience * previous ice arena facility and maintenance operation experience * previous aquatic facility management and program background 5. David St. Aubin * previous recreation supervisor experience. The salary range for the Assistant Facility Manager/Recreation Programmer position ranges between$28,844 to $36,055. Each of the candidates noted above with the exception of the internal candidate have expressed willingness to accept the position appointment at step 1 of the pay range($28,844). The internal applicant has requested the top step of the pay range ($36,055). In conjunction with this position appointment, staff is recommending that the existing Recreation Supervisor position classification be eliminated consistent with the procedures setforth in the personnel policy. The current Recreation Supervisor receives a non-exempt annual salary of$42,988. It should be noted that the Recreation Superintendent position was recently filled at step 1 of the Recreation Superintendent pay schedule ($36,566). Under the circumstances, I do not believe that the number one candidate would be willing to accept the Assistant Facility Manager/Recreation Programmer position at this time. Given the recent City Council election results, it maybe prudent to delay filling the Assistant Facility Manager/Recreation Programmer position until January. This would allow the new City Council to become more familiar with the position duties and responsibilities as well as the financial implications of the appointment. The down side of delaying this item is that it will place a heavy burden on our Recreation Superintendent in terms of operating the arena. Under the delay scenario, we will begin to train existing staff in an attempt to maintain quality facility operations. Staff is seeking direction with respect to filling the position appointment at this time. If City Council selects to proceed with the position appointment, staff would also be recommending that the Recreation Supervisor position be terminated effective December 31, 1995. If Council selects to table the appointment until after the new Council takes office in January, staff would verify the availability of the candidates at that time. If the top candidates are not available for employment, staff may recommend that the selection process be reinitiated. ALTERNATIVES: 1. Appoint Thomas Herbst to fill the Assistant Facility Manager/Recreation Programmer position at Step 1 of the 1995 Pay Schedule effective December 11, 1995 and that the position classification be identified as exempt. 2. Direct the City Administrator to take the steps necessary to eliminate the Recreation Supervisor position. 3. Select a different candidate to fill the Assistant Facility Manager/Recreation Programmer position effective December 11, 1995. 4. Table action until the January 2, 1996 meeting. STAFF RECOMMENDATION: Staff recommends alternative#4. ACTION REQUESTED: Table the appointment of an Assistant Facility Manager/Recreation Programmer until the January 2, 1996 meeting. lZoi CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner • , Date: November 14, 1995 RE: Renaming of a Street Introduction The Fuller Street realignment located south of 10th Avenue is nearing completion. Due to the realignment of Fuller Street into the existing Koeper Avenue (CR 77) right-of-way, the City Council may wish to look at the renaming of this street at this time. Background The Fuller Street Project from 10th Avenue South to Vieriing Drive is under construction. Curb and gutter and the bituminous base are in place. In order to bring the name of the street into conformance with the City's street naming policy, the name of the street must be changed by the City Council by ordinance. Alternatives 1. Name the extension of the existing Fuller Street located south of 10th Avenue as "Fuller Street", and rename the portion of this extension currently named Koeper Avenue (CR 77) to "Fuller Street" 2. Take no action on this issue. 3. Table the issue and request additional information from staff. Recommendation Staff recommends Alternative No. 1. Action Requested Offer Ordinance No. 432, an Ordinance of the City of Shakopee, Minnesota, Naming the Extension of the Existing Fuller Street Located South of 10th Avenue as "Fuller Street'; and Renaming the Portion of this Extension that is Currently Named Koeper Avenue (CR 77) to "Fuller Street", and move its adoption. i:lplanning'cc119951cc 1121\streetna.doc J1 < x r1 —I C7 m T ST. ■ I Cl PIERCE ST. I f3 2 3 al I z z X C 3 I C D 0 II I I SHUT D r*, v, r C,S.A.H. NO. 77 �' 1111 APG' - L_ -iuf— - i► - 0 H K❑EPER ST = TO BE RENA I !FULLER ST �-1-G <<`<< � 020 FUL WH!TNEY AVE. r o P1 HOL c 0 all x L WIS STE. 3�? r ILEW 0 Z v.c� <� S❑M b -x- 9 9 .__. � L rr Lc.. � 7-1 -� d SPEP E.,S,A,H, NO. 79 3 2 3 z MAIN Z o \VIERLIN C)� D HOMESTEAD -I ' " Z -1 o I< ST. �'• n < -+ CT. riZ D I MARKET) L� y -o CL❑VER3> =rri- c) 2, - CT, A�% l-i Z D DAKOTA �� m Nrd I II e�w rr 0 ASTER T D PI ORDINANCE NO. 432, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, NAMING THE EXTENSION OF THE EXISTING FULLER STREET LOCATED SOUTH OF 10TH AVENUE AS "FULLER STREET", AND RENAMING THE PORTION OF THIS EXTENSION THAT IS CURRENTLY NAMED KOEPER AVENUE(CR 77) TO "FULLER STREET". THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the Extension of the Existing Fuller Street, described below, is hereby named Fuller Street; and All of the extension of Fuller Street lying south of 10th Avenue. Section 2- That the portion of the Existing Koeper Avenue, described below, is hereby renamed to Fuller Street. All of Koeper Avenue lying north of the TH 101 Southerly Bypass. Section 3- Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. jab CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Julie Baumann,Planner I RE: Initiating the Vacation of Drainage and Utility Easements DATE PREPARED: November 15, 1995 MEETING DATE: November 21, 1995 INTRODUCTION The attached Resolution No. 4345 sets a public hearing date to consider the vacation of drainage and utility easements measuring 20 feet in width along the western property line of Lot 4, Block 1, Valley Park 6th Addition and 20 feet in width along the eastern property line of Lot 5, Block 1, Valley Park 6th Addition, City of Shakopee, County of Scott, State of Minnesota, except for the northern 20 feet and southern 20 feet of said property lines. DISCUSSION The City has received a petition for the vacation of drainage and utility easements measuring 20 feet in width along the western property line of Lot 4,Block 1, Valley Park 6th Addition and 20 feet in width along the eastern property line of Lot 5,Block 1, Valley Park 6th Addition, City of Shakopee, County of Scott, State of Minnesota, except for the northern 20 feet and southern 20 feet of said property lines, from Ashland Inc. The attached resolution sets a public hearing for December 19, 1995. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED Offer Resolution No. 4345, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Portion of the Drainage and Utility Easements Dedicated With Valley Park 6th Addition, and move its adoption. i:\plaming x 199Scc1121\vacphas.doc RESOLUTION NO.4345 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS DEDICATED WITH VALLEY PARK 6TH ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility easements measuring 20 feet in width along the western property line of Lot 4, Block 1, Valley Park 6th Addition and 20 feet in width along the eastern property line of Lot 5, Block 1, Valley Park 6th Addition, City of Shakopee, County of Scott, State of Minnesota, except for the northern 20 feet and southern 20 feet of said property lines, 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. 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 19th day of December, 1995, at 7:00 P.M. or thereafter, on the matter of vacating the drainage and utility easements measuring 20 feet in width along the western property line of Lot 4, Block 1, Valley Park 6th Addition and 20 feet in width along the eastern property line of Lot 5, Block 1, Valley Park 6th Addition, City of Shakopee, County of Scott, State of Minnesota, except for the northern 20 feet and southern 20 feet of said property lines, WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer SUBJECT: Millpond Treatment Basin, Project No. 1995-7 DATE: November 21, 1995 MEETING DATE: November 21, 1995 BACKGROU D: On November 21, 1995, bids were publicly opened for this project. A total of eight bids were received, ranging from $93,526.40 to $140,483.00. The engineer's estimate for this project is $106,360.00. Staff is recommending that the contract be awarded to the low bidder. Although staff is recommendingthat the contract be awarded to the low bidder, staff is g requesting a delay of the bid award to December to allow time to acquire necessary construction permits from the US Corp. of Engineers and the Department of Natural Resources. The bidding documents state that the bids cannot be changed for a period of 45 days, so the bid price will still be valid if the contract is awarded in December. ACTION REQUESTED: This item should be deleted from the agenda. c:\dos\ccmemo.doc MEMO TO: Dennis R. Kraft, City Administrator 12d FROM: David M.Nummer, Staff Engineer IC2., iu SUBJECT: Feasibility Report for 17th Avenue and Sarazin Street Improvements DATE: November 13, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is Resolution No. 4344, a resolution receiving a report and calling a hearing for constructing 17th Avenue and Sarazin Street. Also attached is Resolution No.4346, a resolution amending Resolution No. 1514 adopting Design Criteria and Standard Specifications for Construction and Reconstruction of Roadways. BACKGROUND: On March 21, 1995, the City Council authorized the preparation of a feasibility report for 17th Avenue and Sarazin Street. This project was petitioned for by the developer of the St. Francis Regional Medical Campus (SFRMC) and includes street and storm sewer construction in 17th Avenue and Sarazin Street, and the construction of a storm sewer outlet from the detention pond located in the northwest corner of the development to the Mn/DOT linear ponds. On August 15, 1995, the City Council approved an agreement with Orr-Schelen-Mayeron & Assoc. (OSM) to assist staff with the preparation of the feasibility report. That report has been completed and is attached for Council review. The feasibility report is divided into two segments: one for the street construction of 17th Avenue and Sarazin Street and a second segment for construction of the storm sewer outlet to the Mn/DOT linear ponds. The feasibility report provides proposed improvements, cost estimates, a funding analysis for both segments, and two possible alignments for the Segment Two storm sewer outfall. The attached resolution sets a public hearing to consider these improvements for December 5, 1995. The main policy issue which has been identified in the feasibility report is the street width for Sarazin Street. The feasibility report recommends constructing Sarazin Street as a 36 foot wide minor collector street, with parking on one side (adjacent to the Medical Campus). This design is based on the traffic projections for the area. Sarazin Street is designated as a collector street in the draft 1995 Comprehensive Plan. The Comprehensive Plan also identifies street widths for minor collectors ranging from 36 to 50 feet. h:\council\mem4339.mo The proposed Sarazin Street is in conflict with the Design Criteria which require a minimum street width of 48 feet for a collector. Staff is requesting that the City Council grant an exception to this requirement the Design Criteria which will allow for the construction of Sarazin Street as a 36 foot wide collector street. Attached for Council consideration is Resolution No.4346 which grants an exemption to the street width requirement in the Design Criteria. ALTERNATIVES: 1. Adopt Resolution No. 4344, a resolution receiving a report and calling a hearing for constructing 17th Avenue and Sarazin Street. 2. Deny Resolution No. 4344. 3. Adopt Resolution No. 4346, a resolution amending Resolution No. 1514 adopting Design Criteria and Standard Specifications for Construction and Reconstruction of Roadways. 4. Deny Resolution No. 4346. 5. Table for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1 and Alternative No. 2. ACTION REQUESTED: 1. Offer Resolution No. 4344, A Resolution Receiving a Report and Calling a Hearing on the Improvement of 17th Avenue and Sarazin Street, Project No. 1996-1 and move its adoption. 2. Offer Resolution No. 4346, A Resolution Amending Resolution No. 1514 Adopting Design Criteria and Standard Specifications for Construction and Reconstruction of Roadways and move its adoption. h:\council\mem4339.mo RESOLUTION NO. 4344 A Resolution Receiving A Report And Calling A Hearing On The Improvement Of 17th Avenue And Sarazin Street Project No. 1996-1 WHEREAS, pursuant to Resolution No. 4194 of the City Council adopted March 21, 1995, a report has been prepared by the City Engineer, with reference to the improvements of 17th Avenue and Sarazin Street by construction of streets, curb & gutter, storm sewer, watermain, sidewalk and appurtenant work and the construction of a storm sewer outlet from the detention pond on the St. Francis Hospital site to the Mn/DOT linear pond and this report was received by the Council on November 21, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of 17th Avenue and Sarazin Street by construction of streets, curb & gutter, storm sewer, watermain, sidewalk and appurtenant work and the construction of a storm sewer outlet from the detention pond on the St. Francis Hospital site to the Mn/DOT linear pond in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$1,081,162.51. 2. A public hearing shall be held on such proposed improvements on the 5th day of December, 1995, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1996-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney RESOLUTION NO. 4346 A Resolution Amending Resolution No. 1514 Adopting Design Criteria and Standard Specifications for Construction and Reconstruction of Roadways WHEREAS, on November 21, 1979, the City Council adopted Resolution No. 1514, a Resolution Adopting Design Criteria and Standard Specifications for Construction and Reconstruction of Roadways; and WHEREAS, the Design Criteria sets forth standards for roadway construction including a minimum street width for collector streets of 48 feet; and WHEREAS, the City has received a petition to construct Sarazin Street adjacent to the St. Francis Regional Medical Center and this roadway has been designated as a collector street in the draft 1995 Comprehensive Plan; and WHEREAS, the engineering analysis for the proposed Sarazin Street recommends constructing this roadway as a two lane collector street, 36 feet in width; and WHEREAS, the Design Criteria is being revised and therefore, there is little benefit in amending them at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that an exception to the Design Criteria requiring a collector street to be a minimum of 48 feet in width is hereby granted to allow the construction of Sarazin Street, from 17th Avenue to St. Francis Avenue, as a 36 foot wide collector street. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney w FEASIBILITY REPORT FOR SARAZIN STREET AND 17TH AVENUE STREET AND STORM SEWER IMPROVEMENTS AND STORM SEWER OUTLET FOR ST. FRANCIS HOSPITAL SITE SHAKOPEE, MINNESOTA NOVEMBER, 1995 I I I I I 1 Original in Project file , 1996-1 ORR-SCHELEN-MAYERON & ASSOCIATES, INC. CONSULTING ENGINEERS, ARCHITECTS, SURVEYORS, LAND PLANNERS 300 PARK PLACE CENTER 5775 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 55416-1228 (612) 595-5775 OSM Project No. 5694.00 1 IZQ) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith. S. Cox, City Clerk RE : American Legion Post #2 DATE : November 13, 1995 INTRODUCTION & BACKGROUND: American Legion Post #2 is making application to renew their premise permit for their gambling activities at 1266 East 1st Avenue. ' They are in compliance with the Shakopee City Code . RECOMMENDED ACTION: Offer Resolution No . 4335, A Resolution of the City of Shakopee, Minnesota, Approving Premise Permit for the American Legion Post #2, and move its adoption. RESOLUTION NO. 4335 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMITS FOR THE AMERICAN LEGION POST #2 WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permit; and WHEREAS, the American Legion Post #2 is seeking Premises Permit at the site at, 1266 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the American Legion Post #2 at 1266 East 1st Avenue, Shakopee, Minnesota, be approved. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ) z MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Orchard Park First Addition DATE: November 16, 1995 INTRODUCTION: Attached is Resolution No. 4348, which apportions existing special assessments against newly created lots located within Orchard Park First Addition. BACKGROUND: Prior to the platting of Orchard Park First Addition, the original parcel had special assessments against it for the VIP Interceptor Extension in the amount of $16,606.26. Now that the parcel has been subdivided into smaller lots as a result of platting, it is necessary to apportion these assessments against each of the new parcels. Res. No. 4348 apportions the existing special assessments against the newly created lots within the plat of Orchard Park First Addition. The City must certify to the County by November 30th of each year all assessment payments that need to appear on the property tax statements the following year. It is appropriate that this resolution be adopted at this time. The developer has been advised of this proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 4348, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Orchard Park First Addition, and move its adoption. •• "s1 Aro r'-'4 I RESOLUTION NO. 4348 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF ORCHARD PARK FIRST ADDITION WHEREAS, on June 6, 1995, Resolution No. 4223 adopted by the City Council levied assessments against properties benefited by construction of the V.I.P. Interceptor Extension from County Road 79 to the west corporate limits, Project No. 1992-9; and WHEREAS, a tract of land benefited by the said improvements, known as parcel #27-912015-0, has been subdivided into the plat of Orchard Park First Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against parcel #27-912015-0 because of the platting of Orchard Park First Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1995 payable remaining balance of assessments to parcel 27-912015-0 is $16,606.26 for the 1992-9 Sanitary Sewer Extension and is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Number 4223 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. , Mayor , City Clerk Approved as to form , City Attorney h\judy\apporcha.l EXHIBIT A The exhibit identifying each parcel number, legal description, property owner, address, and amount of the assessment will be placed on the Council table Tuesday evening. CONSEI\JT EXHIBIT A 12c ORCHARD PARK FIRST ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-204001-0 LAURENT BUILDERS LOT 1 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204002-0 LAURENT BUILDERS LOT 2 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204003-0 LAURENT BUILDERS LOT 3 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204004-0 LAURENT BUILDERS LOT 4 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204005-0 LAURENT BUILDERS LOT 5 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204006-0 LAURENT BUILDERS LOT 6 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204007-0 LAURENT BUILDERS LOT 7 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204008-0 LAURENT BUILDERS LOT 8 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204009-0 LAURENT BUILDERS LOT 9 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204010-0 LAURENT BUILDERS LOT 10 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204011-0 LAURENT BUILDERS LOT 11 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204012-0 LAURENT BUILDERS LOT 12 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION EXHIBIT A ORCHARD PARK FIRST ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-204013-0 LAURENT BUILDERS LOT 13 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204014-0 LAURENT BUILDERS LOT 14 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204015-0 LAURENT BUILDERS LOT 15 BLOCK 1 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204016-0 LAURENT BUILDERS LOT 1 BLOCK 2 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204017-0 LAURENT BUILDERS LOT 2 BLOCK 2 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204018-0 LAURENT BUILDERS LOT 3 BLOCK 2 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204019-0 LAURENT BUILDERS LOT 4 BLOCK 2 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION LAURENT BUILDERS LOT 5 BLOCK 2 $180.72 27-204020-0 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204021-0 LAURENT BUILDERS LOT 1 BLOCK 3 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204022-0 LAURENT BUILDERS LOT 2 BLOCK 3 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204023-0 LAURENT BUILDERS LOT 3 BLOCK 3 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION EXHIBIT A ORCHARD PARK FIRST ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-204024-0 LAURENT BUILDERS LOT 4 BLOCK 3 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204025-0 LAURENT BUILDERS LOT 5 BLOCK 3 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204026-0 LAURENT BUILDERS LOT 6 BLOCK 3 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204027-0 LAURENT BUILDERS LOT 1 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204028-0 LAURENT BUILDERS LOT 2 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204029-0 LAURENT BUILDERS LOT 3 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204030-0 LAURENT BUILDERS LOT 4 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204031-0 LAURENT BUILDERS LOT 5 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204032-0 LAURENT BUILDERS LOT 6 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204033-0 LAURENT BUILDERS LOT 7 BLOCK 4 $180.72 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION 27-204034-0 LAURENT BUILDERS OUTLOT A $10,642.50 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 FIRST ADDITION TOTAL = $16,606.26 CONSENT Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Delinquent Storm Drainage Utility Bills Date: November 16, 1995 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached is a list of delinquent storm drainage utility accounts and Resolution No. 4347 certifying such to the 1996 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. Action Requested Move to adopt Resolution No. 4347, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1996 . RESOLUTION NO.4347 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1996 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS, some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills as listed on the attached listing are hereby certified to the Scott County Auditor for collection with the 1996 property taxes. Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 21st day of November, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of November 1995 . City Attorney 27-001048-0 $ 30.01 27-001070-0 $ 22.24 27-001226-0 $ 13.02 27-001269-0 $ 22.24 27-001330-0 $ 10.85 27-001364-0 $ 11.39 27-001409-0 $ 22.24 27-001415-0 $ 22.24 27-001570-0 $ 22.24 27-001623-0 $ 10.85 27-001627-0 $ 22.24 27-001634-0 $ 22.24 27-001642-0 $ 22.24 27-001650-0 $ 9.85 27-001652-0 $ 22.24 27-001660-0 $ 22.24 27-001721-0 $ 22.24 27-001726-0 $ 23.73 27-001729-0 $ 22.24 27-001755-0 $ 22.24 27-002026-0 $ 22.24 27-002052-0 $ 10.85 27-006017-0 $ 126.18 27-006019-0 $ 71.07 27-012001-0 $ 22.24 27-012009-0 $ 22.24 27-079001-0 $ 48.49 27-081005-0 $ 269.90 27-111002-0 $ 108.01 27-903013-0 $ 99.35 27-907039-0 $ 22.24 $ 1,221.63 13a__ MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer SUBJECT: Vierling Drive, from County Road 15 to Presidential Lane Project No. 1994-7 DATE: November 21, 1995 MEETING DATE: November 21, 1995 INTRODUCTION: Attached is Resolution No. 4351, a resolution canceling the assessment hearing for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7. BACKGROUND: On November 8, 1995,the City Council adopted Resolution No. 4328 which declared the cost to be assessed and set a public hearing to consider the assessments for Vierling Drive for November 28, 1995. This hearing date was established in an attempt to have the assessments certified to Scott County for inclusion with the 1996 tax statements. During the preparation of the assessments, staff has encountered problems determining property ownership for some of the parcels which are included in the assessment roll. These problems arise out of the vacation of portions of Vierling Drive, and the need to acquire a parcel of land for right of way and drainage purposes. One of the parcels involved in the assessment roll was sold on November 20, 1995, and this deed has not yet been recorded so the property ownership and the City's ability to notify and assess that property owner is in question. Due to these unresolved issues,the assessment roll cannot be completed prior to the proposed hearing date. Staff is requesting that the City Council cancel the public hearing to allow time for the property issues to be resolved. ALTERNATIVES: 1. Adopt Resolution No. 4351. 2. Deny Resolution No. 4351. 3. Table for additional information from staff. c:\dos\hearing.doc RECOMMENDATION: Staff recommends Alternative No. 1,to adopt Resolution No. 4351. ACTION REQUESTED: Offer Resolution No. 4351, A Resolution Canceling the Assessment Hearing for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7, and move its adoption. c:\dos\hearing.doc RESOLUTION NO. 4351 A Resolution Canceling the Public Hearing for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 WHEREAS,pursuant to Resolution No. 4328 of the City Council adopted November 8, 1995,the preparation of proposed assessments has been ordered; and WHEREAS, due to property ownership issues,the preparation of a accurate assessment roll is not possible; and WHEREAS,Resolution No. 4328 set a date for the public hearing to consider the proposed assessments for November 28, 1995; and WHEREAS,the issues preventing the preparation of the assessment roll cannot be resolved prior to the public hearing date. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the public hearing as set by Resolution No. 4328 is hereby canceled. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney c:\dos\hearing.doc