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. Due to support staff illness,there will be no newsletter from the Police Department this
week.
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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
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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
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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
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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 $5,775.00.
Staff has received an appeal of their assessment from one of the property owners who did
sign the waiver of appeal and is attached for Council review.
ALTERNATIVES:
1. Adopt Resolution No. 4340.
2. Deny Resolution No. 4340.
3. Table Resolution No. 4340.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 4340, A Resolution Adopting Assessments for the Improvements to
the Alley in Block 51, Original Shakopee Plat, Project No. 1994-14 and move its
adoption.
BL/pmp
MEM4340
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�° c i 5 C c S 5 °);-S a cc t€r k r 2-1)$ 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
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,,
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
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[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.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
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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.
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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
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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
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Zoning Map
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City of SHAKOPEE
-7--- :(---: EXHIBIT B
•
Shakopee Public Storage RECEOVED
1885 West 3rd Ave.
Shakopee,MN 55377 OCT 9 1995
Tel:445-4243
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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.)
•
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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. -
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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
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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
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EXHIBIT D
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1 1 R2 M_D:UM D_NS:TY PES .'_NT. .—
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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.
. ,
. •
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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
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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
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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.
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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