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HomeMy WebLinkAbout01/16/1996 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 16, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson 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 the Minutes of January 2, 1996 7] Communications : >a] Joan Campbell, Association of Metropolitan Municipalities, regarding 1996 dues b] 8] Recommendations From Boards and Commissions : >a] Final Plat of Prairie Bend 2nd, located south of 4th Ave. and east of Sarazin, Resolution No. 4376 b] Landscaping Text Amendment - Ord. No. 430 9] Reports from Staff: a] Drainage Easement Analysis for Lot 1, Block 5, The Meadows 4th Addition b] Appeal of Start and End Dates of Amendment No. 3 to the Fischer Aggregates Mineral Extraction Permit and Conditional Use Permit No. 376 >c] Joint Powers Agreement for 1996 Street Maintenance Work >d) Pawnbroker' s Employee License - Budd Rutter e] Contract Extension Agreement for CSAH-16 Sewer and Water, Project Nos . 1994-11 and 1995-3 >f] Exemption from Lawful Gambling License - Fox Tailers Snowmobile Club >g) Approve Bills in the Amount of $1, 299, 361 . 89 TENTATIVE AGENDA January 16, 1996 Page -2- 10] Resolutions and Ordinances : >a] Res . No. 4377 - Setting Public Hearing on Vacation of Easements within Lot 3, Block 1, The Meadows 7th Addition >b] Res . No. 4378 - Setting Public Hearing on Vacation of Easements for Lot 10, Block 43, Original Shakopee Plat >c) Res . No . 4379 - Approving Plans and Ad for Bids for Vierling Drive from CR-79 to CR-77, Project 1995-6 >d] Res . No. 4380 - Requesting Variance to State Aid Operation' s Rules 11] Other Business: a] b] c) d] 12) Recess for an executive session to discuss matters covered under attorney-client privilege 13) Re-convene 14] Adjourn to Tuesday, January 23, 1996 at 7: 00 P.M. Dennis R. Kraft City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. REMINDER: January 23rd, 7 : 00 P.M. Committee of the Whole MEMO TO: Honorable Mayor and City Council FROM: RE: DATE: 1. 2. 3. 4. 5. 6. 7. Dennis R. Kraft, City Administrator Non Agenda Informational Items January 12, 1996 Attached is the Planning Department's Monthly Progress Report for December. Attached is the Building Activity Report for December. Attached is the January Business Update from City Hall. Attached is a memorandum from the Finance Director regarding investment data. Attached is correspondence from the Assistant City Attorney to the Chicago & Northwestern Railway Co. re: railroad traffic in the city limits of Shakopee. Attached are the January 4th minutes of the Planning Commission and Board of Adjustment and Appeals. Attached is a Outline of Local Improvement, Minnesota Statutes, Chapter 429 Projects from the Engineering Department. 8. Attached is a memorandum from the Finance Director regarding special assessment abatement reconsideration. 9. Attached is the Assistant City Administrator/Community Services Director Monthly Progress Report. 10. Attached is a time schedule regarding the construction status of the recreation center. 11. Attached is a copy of the notice that will be sent to the Downtown property owners and tenants informing them of the January 23rd meeting. 12. Attached is a memorandum from the Community Development Director regarding City Hall electricity. 13. Attached is a memorandum from the Community Development Director regarding the Community Development Department Service Levels. 14. Attached are the Revenue and Expenditure Reports as of December 31, 1995. 15. Attached is a memorandum from the City Attorney regarding update on workload. 16. Attached is a memorandum from the City Attorney regarding court charts. 17. 'Attached is the Police Newsletter for Council review. I City of Shakopee Planning Department Monthly Progress Report December 1995 Board of Adjustment and Appeals VARIANCES 0 CUP'S 4 At its December 7, 1995, meeting, the Board of Adjustment and Appeals approved several Conditional Use Permit applications. Ashland, Inc. received a CUP allowing two buildings on one lot; Classics' Plus was granted an amendment to their CUP in order to allow retail sales of classic automobiles and parts; Ronald Kosse received a CUP allowing a Photography Studio as a Home Occupation; and Jeff DeWitz was granted a CUP to operate a car sales lot at 1442 West Third Avenue. Code Enforcement No. Reported 1 No. Referred Out 0 Planning Dept. Cases 1 Compliance letter has been sent 1 case resolved Community Development Commission Due to the holiday season, the Community Development Commission (CDC) did not hold a meeting for the month of December. The next scheduled meeting of the CDC will be on January 17, 1996. Economic Development Staff is continuing to work with prospective developers for Blocks 3 and 4. Several industrial inquiries were made concerning sites located along TH 101 and Valley Green Industrial Business Park. Staff has also begun working with the new owner of the train station to find an adaptive use for the building. • Resident's Guide update (in progress) • Development of commercial and industrial prospect information packet (in progress) Planning Commission TEXT AMENDMENTS 1 REZONINGS 1 PRELIMINARY PLATS 1 FINAL PLATS 1 PUD's 1 VACATIONS 2 2 At its December 7, 1995 meeting, the Planning Commission recommended approval of an Amendment to the Valleyfair Planned Unit Development to incorporate additional land into the development plan. Approval was also recommended to the City Council for the Preliminary Plat of Hauer's 5th Addition, subject to conditions and directed the applicant to submit separate Grading/Erosion Control Drawings and a Preliminary Plat Drawing before the Preliminary Plat can be forwarded to the City Council for approval. The Planning Commission recommended approval to the City Council for the rezoning of a 40 acre parcel at 1785 West County Road 42, from Rural Residential (RR)to Agricultural Preservation(AG). The public hearing on a text amendment to reduce the landscaping requirements was continued to the January 1996 meeting. A recommendation on the Final Plat of Market Place 2nd Addition was tabled by the applicant to the January 1996 meeting. Approval was recommended to the City Council on the vacation of drainage and utility easements in Valley Park 6th Addition and the vacation of drainage and utility easements in Prairie House 2nd Addition. Scott County Economic Development Coalition Information for the Business and Labor Survey was compiled by staff and put into a final packet. The packet included business contact lists for each city, Community Profiles, school district and graduation statistics, and local area telephone books. The survey should be underway by mid-January. Due to the holiday season, the Scott County Economic Development Coalition (SCEDC) did not hold a meeting during the month of December. The next scheduled meeting will be January 17, 1996. Other • Adult Uses Ordinance (in progress) • City Council appointed a Subdivision Review Committee to begin reviewing drafts of the updated Subdivision Regulations • Three State of Minnesota Dealer's Licenses were approved by staff. • Three Minor Subdivisions were approved by staff. • Staff is developing an updated sign permit application form, and all duties for sign permits will be transferred to the Community Development Department effective January 2, 1996. • Staff will begin work on eight significant new code amendments at the beginning of 1996. • Staff has requested that the City Council give Downtown issues priority from all boards and commissions in 1996. • The recovery from the file server crash was completed. 3 • The file server for the Civic Center has been prepared for a full installation in January. The server is currently activated for testing at City Hall. • Work is in progress on creating a modem link to County databases for the Legal Dept. • Work is in progress on linking the Fire Dept. to the City Hall e-mail system via modem connection. • Plans for Civic Center computers are complete in anticipation of January installation. • A scanner was installed at City Hall. • Several hard drives were installed due to aged equipment and/or crashed equipment. • Work continues on forming closer links with the LOGIS WAN. i:lcommdev\progress\dec95.doc 4 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - DECEMBER 1995 December 1995 December 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 13 135 13,587,381 2 140 12,809,125 Single Family-Septic 2 24 4,480,637 2 24 4,860,150 Multiple Dwellings 4 15 5,428,840 1 7 . 2,322,220 (# Units) (YTD Units) (10) (102) - (8) (32) - Dwelling Additions - 150 775,524 2 124 603,997 Other 1 15 1,148,319 - 26 2,085,715 New Comm. Bldgs - 11 23,377,700 1 10 3,605,352 Comm. Bldg. Addns. - 3 380,000 - 2 250,000 New Industrial-Sewered - 1 885,000 - 3 5,244,000 Ind. Sewered Addns. - 2 313,000 - 5 967,000 New Industrial-Septic - - - - 1 175,000 Ind. Septic Addns. - - - - - - Accessory/Garages 1 30 338,278 1 43 389,661 Signs & Fences 2 80 186,072 8 111 252,727 Fireplaces/Wood Stoves 3 8 10,700 2 19 28,334 Grading/Foundation - 15 1,909,054 - 20 1,186,807 Moving. . - 3 - - 4 - Razing 1 11 27,885 1 5 12,550 Remodeling (Res. ) 4 65 574,382 2 49 346,170 Remodeling (Comm/Ind. ) 2 39 1,767,000 3 39 2,578,369 TOTAL 33 607 55,189,772 24 632 37,717,177 No. YTD. No. YTD. Electrical 42 579 32 551 Plumbing& Heating 62 713 32 709 Total dwelling units in City after completion of all construction permitted to date 5,456 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1995 11577 Windwood Homes 1633 Parkway Avenue House 100,887 L 5 B 4, Prairie Bend 1st 11578 Tim James 659 Mound Street Remodel 7,281, 11579 G. F. Juergens 1464 Monarch Street House 127,000 L 5 B 3, Homestead Ridge 1st 11580 Cottage Homesteads 400-406 Sarazin Street Condominiums 245,641 Lot 1 Block 1, Canterbury Pointe 11581 Novak Fleck 266 Foxglove Lane House 95,169 L 22 B 2, Meadows West 1st 11582 CIR Homes 1554-1558 Applegate Lane Twinhome 125,445 L 13 B 1, Orchard Park 1st 11583 CIR Homes 1474-1478 Applegate Lane Twinhome 125,445 L 10 B 1, Orchard Park 1st 11584 John Scully 2016 Murphy Avenue Stove 2,000 11585 Greystone Construction 1030 E. 4th Avenue Roof/Doors 120,000 11586 Mitchell Grove 2093 Pike Lake Road Storage Bldg. 9,600 11587 Sunset Homes 1626 Parkway Avenue House 87,896 L 14 B 3, Prairie Bend 1st 11588 Novak Fleck 144 Bluestem Avenue House 95,654 L 19 B 1, Meadows West 1st 11589 H & M Builders 567 Milwaukee Road Remodel 8,500 11590 McKnight & Assoc. 954 Vista Ridge Lane House 185,000 L 3 B 3, Westridge Lake Estates 11591 Sunset Homes 1647 Greenway Avenue House 92,326 L 11 B 3, Prairie Bend 1st 11592 Sunset Homes 1687 Greenway Avenue House 92,326 L 9 B 3, Prairie Bend 1st 11593 Novak Fleck 149 Foxglove Lane House 101,080 L 22 B 3, Meadows West 1st 11594 Novak Fleck 305 Bluestem Avenue House 90,812 L 4 B 3, Meadows West 1st 11595 Bakken Homes 1678 Chateau Avenue House 225,000 L 1 B 3, Chateau Ridge 11596 CIR Homes 1534-1538 Applegate Lane Twinhome 125,445 L 12 B 1, Orchard Park 1st 11597 Rich Logeais 124 Bluestem Avenue House 81,033 L 20 B 1, Meadows West 1st 11598 Rich Logeais 125 Bluestem Avenue House 81,033 L 9 B 2, Meadows West 1st 11599 Fireside Corner 567 Milwaukee Road Fireplace 1,100 11600 Jim Monnens 1926 County Road 14 Demo 1,900 11601 Keyland Homes 1746 Parkway Avenue Remodel 6,130 11602 Severson Homes 1538 Homestead Street House 121,000 L 10 B 2, Homestead Ridge 2nd 11603 King Homes 1428 Homestead Street House 115,000 L 2 B 2, Homestead Ridge 2nd 11604 Midwest Fireplace 1278 Maxine Circle Fireplace 1,000 11605 Greystone Construction 4908 Valley Ind. Blvd. Remodel 59,000 11606 J. P. Albert Co. 428 South Holmes Street Fence 7,250 11607 Donald Tietjen 7480 E. Highway 101 Sign 500 11608 Francis Menden 2544 Lakeview Drive Remodel 8,951 11609 Valleyfair One Valleyfair Drive Roller Coaster 750,000 TOTAL: $3,296,404 1 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - DECEMBER 1995 December 1995 December 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D., Single Family-Sewered 13 135 13,587,381 2 140 12,809,125 Single Family-Septic 2 24 4,480,637 2 24 4,860,150 Multiple Dwellings 4 15 5,428,840 1 7 2,322,220 (# Units) (YTD Units) (10) (102) - (8) (32) - Dwelling Additions - 150 775,524 2 124 603,997 Other 1 15 1,148,319 - 26 2,085,715 New Comm. Bldgs - 11 23,377,700 1 10 3,605,352 Comm. Bldg. Addns. - 3 380,000 - 2 250,000 New Industrial-Sewered - 1 885,000 - 3 5,244,000 Ind. Sewered Addns. - 2 313,000 - 5 967,000 New Industrial-Septic - - - 1 175,000 Ind. Septic Addns. - - - - - Accessory/Garages 1 30 338,278 1 43 389,661 Signs .& Fences 2 80 186,072 8 111 252,727 Fireplaces/Wood Stoves 3 8 10,700 2 19 28,334 Grading/Foundation - 15 1,909,054 - 20 1,186,807 Moving - 3 - - 4 - Razing 1 11 27,885 1 5 12,550 Remodeling (Res. ) 4 65 574,382 2 49 346,170 Remodeling (Comm/Ind. ) 2 39 1,767,000 3 39 2,578,369 TOTAL 33 607 55,189,772 24 632 37,717,177 No. YTD.. No. YTD. Electrical 42 579 32 551 Plumbing & Heating 62 713 32 709 Total dwelling units in City after completion of all construction permitted to date 5,456 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1995 11577 Windwood Homes 1633 Parkway Avenue House 100,887 L 5 B 4, Prairie Bend 1st 11578 Tim James 659 Mound Street Remodel 7,281 11579 G. F. Juergens 1464 Monarch Street House 127,000 L 5 B 3, Homestead Ridge 1st 11580 Cottage Homesteads 400-406 Sarazin Street Condominiums 245,641 Lot 1 Block 1, Canterbury Pointe 11581 Novak Fleck 266 Foxglove Lane House 95,169 L 22 B 2, Meadows West 1st 11582 CIR Homes 1554-1558 Applegate Lane Twinhome 125,445 L 13 B 1, Orchard Park 1st 11583 CIR Homes 1474-1478 Applegate Lane Twinhome 125,445 L 10 B 1, Orchard Park 1st 11584 John Scully 2016 Murphy Avenue Stove 2,000 11585 Greystone Construction 1030 E. 4th Avenue Roof/Doors 120,000 11586 Mitchell Grove 2093 Pike Lake Road . Storage Bldg. 9,600 11587 Sunset Homes 1626 Parkway Avenue House 87,896 L 14 B 3, Prairie Bend 1st 11588 Novak Fleck 144 Bluestem Avenue House 95,654 L 19 B 1, Meadows West 1st 11589 H & M Builders 567 Milwaukee Road Remodel 8,500 11590 McKnight & Assoc. 954 Vista Ridge Lane House 185;000, L 3 B 3, Westridge Lake Estates 11591 Sunset Homes 1647 Greenway Avenue House 92,326 L 11 B 3, Prairie Bend 1st 11592 Sunset Homes 1687 Greenway Avenue House 92,326 L 9 B 3, Prairie Bend 1st 11593 Novak Fleck 149 Foxglove Lane House 101,080 L 22 B 3, Meadows West 1st 11594 Novak Fleck 305 Bluestem Avenue House 90,812 L 4 B 3, Meadows West 1st 11595 Bakken Homes 1678 Chateau Avenue House 225,000 L 1 B 3, Chateau Ridge 11596 CIR Homes 1534-1538 Applegate Lane Twinhome 125,445 L 12 B 1, Orchard Park 1st 11597 Rich Logeais 124 Bluestem Avenue House 81,033 L 20 B 1, Meadows West lst 11598 Rich Logeais ,125 Bluestem Avenue House 81,033 L 9 B 2, Meadows West 1st 11599 Fireside Corner 567 Milwaukee Road Fireplace 1,100 11600 Jim Monnens 1926 County Road 14 Demo 1,900 11601 Keyland Homes 1746 Parkway Avenue Remodel 6,130 11602 Severson Homes 1538 Homestead Street House 121,000 L 10 B 2, Homestead Ridge 2nd 11603 King Homes 1428 Homestead Street House 115,000 L 2 B 2, Homestead Ridge 2nd 11604 Midwest Fireplace 1278 Maxine Circle Fireplace 1,000 11605 Greystone Construction 4908 Valley Iad. Blvd. Remodel 59,000 11606 J. P. Albert Co. 428 South Holmes Street Fence 7,250 11607 Donald Tietjen 7480 E. Highway 101 Sign 500 11608 Francis Menden 2544 Lakeview Drive Remodel 8,951 11609 Valleyfair One Valleyfair Drive Roller Coaster 750,000 TOTAL: $3,296,404 BUSINESS UPDATE FROM CITY HALL Volume 10 No.1 Dear Chamber Member: January 1, 1996 Administration Community Development On December 28, 1995 the City of Shakopee .0n January 9th and 23rd, the Shakopee City received a maintenance of status quo order from the Council will be meeting in a Committee of the Bureau of Mediations.Services. The status quo Whole format to discuss issues as they relate to order was filed with the City as a result of a petition Blocks 3 & 4 in Downtown Shakopee. The first requesting certification as exclusive representative meeting scheduled for January 9th will be a for collective bargaining purposes for the following informational meeting describing the downtown described employee group: all confidential, revitalization efforts which have occurred over the supervisory and professional employees of the City past 10 years. A discussion on the wide variety of of Shakopee. Providing the outcome of an election development concepts which have been discussed by the employees within the described group, the over the past 5 years will also occur. Funding for City may have to negotiate with a new bargaining the project will also be a major issue of discussion. unit. If the employee group is successful in their The meeting scheduled for January 23rd will be unionization efforts, the City will have all employees conducted as a forum in an effort to solicit covered by union representation. The election on comments from Shakopee residents, business the determination of the bargaining unit is expected owners and anyone else who may have ideas on the to take place within the next 60 days. future development status of this area. Both meetings will begin at 7:00 PM and are open to the City Clerk public. The meeting on January 23rd will provide residents with an opportunity to submit input regarding their desires and concerns as they relate to At their regular meeting on December 5th, City the downtown area. Council adopted the City Fee Schedule for 1996 for permits, licenses, and all city fees. They also Engineering/Public Works extended the lodging tax indefinitely for hotels and motels in Shakopee. The Engineering Department will be presenting a feasibility report for the 1996 Street Reconstruction At their regular meeting on December 19th, City Project to the City Council at their January 2nd Council approved licenses for 1996 for the sale of meeting and requesting authorization to set a date cigarettes, operation of a message center, for a public hearing at which time it will be decided performing tattoos, and operating pawnshops. upon whether to proceed with the project or not. The 1996 Street Reconstruction Project consists of 7th Avenue(Fuller to Spencer), 5th Avenue(Fuller to Spencer), Shakopee Avenue (Holmes to Main), Fillmore St. (1st to 2nd) and Naumkeag St. (1st to 2nd), ....1':'/L'eCrF3£rit'EL:,'h.'. ......a.:.:E -.v ...... ......rM rp7RRfP S. ....._T.Y..,,:'�'.4✓F=...'H.l-.::' .-.....1.^_.0 ..... v ...r..... ....... -. Park & Recreation is located north of County Road 42, East of County Road 17, south of Wood Duck Trail, from Rural The 1996 Winter Recreation Guide was distributed Residential (RR)to Agricultural Preservation Zone to all residents during the first week in January. The (AG). guide describes all the programs and activities conducted by the Recreation Department for the The public hearing on a text amendment to reduce first quarter of 1996. If you did not receive a copy the landscaping requirements was continued to the of the Recreation Guide, extra copies are available January 1996 meeting. A recommendation on the from the Recreation Department. Final Plat of Market Place 2nd was tabled bythe applicant to the January 1996 meeting. The Shakopee Community Recreation Center is Approval was recommended on two vacations, one rapidly nearing completion. A grand opening celebration is being scheduled for either the last in Valley Park Sixth Addition and the other in week of January or the first week of February. Prairie House 2nd Addition. Family and individual memberships can be obtained by contacting the Recreation Department. It was announced that Terrie Thurmer had resigned and this was her last meeting. Commissioner DuBois also announced that this was her last Planning Planning Commission meeting, since she will be moving onto the City Council in January. Board of Adjustment and Appeals At its December 7, 1995, meeting, the Board of Adjustment and Appeals approved applications for Police Conditional Use Permits for Jeff DeWitz, Ashland, Inc., Classics' Plus and Ronald Kosse. Shakopee Police Department has been participating in plans to install MDT computers in squad cars, and to automate the Scott County Communications Planning Commission Center and records system. This project will involve several stages and in mid-December Scott County At its December 7, 1995, meeting, the Planning Information Services upgraded our dedicated Commission approved the Preliminary Plat for terminal and modem, significantly increasing our Hauers 5th Addition with conditions. The data speeds. Commission directed the applicant to submit separate Grading/Erosion Control Drawing and a Independent School District 720 has reimbursed the Preliminary Plat Drawing before Preliminary Plat can City in the amount of$3,800 to cover the cost of go to the City Council. Officer Crocker's time when he worked as School Resource Officer this year. Approval was recommended on an amendment to the Valleyfair Planned Unit Development. The Federal Government reimbursed the City Recommended approval of the rezoning of a 40 acre $7,500 for wages paid to Officer Englin as part of piece of land at 1785 West County Road 42, which COPS FAST. # y TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Investment Data INFORMATIONAL DATE: January 3, 1996 Attached is the break down of city investment by type and a break down by maturity. The data is based on the portfolio as of 12/1/95, a copy of which is attached and is sent to council monthly. On the pie chart; 4 • Treasuries are U.S. Government obligations, • Agencies are federally back agencies such as Federal Home Loans, Federal National Mortgage Association and Tennessee Valley Authority, • Commercial paper is top rated short term (less than 270 days) debt issued by private companies, • Pooled investments include an investment pool sponsored by the League of Minnesota Cities for commercial paper and a pool through Norwest Bank for U.S. Treasuries. C) k 0 CO C X" 0 v CD CD -i C) 1�p be C N ' .... : }:.. 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MONTH END CITY OF SHAKOPEE,MINNESOTA Average Yield= 5.86 percent INVESTMENTS Average Maturity= 2.8 years 12/1/95 Printed 03-Jan-96 1995 12/1/95 11/30/95 PAR INV Purchase Maturity Yield Carrvina Basis Accreted Basis Market VALUE COUPON FHLMC 06/14/93 09/15/02 6.05 1,605,029.21 1,597,392.33 1,604,726.20 1,540,000.00 6.77 FICO 02/02/93 08/03/01 6.70 1,668,328.77 1,782,588.35 1,764,850.00 2,500,000.00 NA USTR 02/17/93 08/15/00 6.15 1,272,054.07 1,349,351.36 1,355,785.20 1,752,000.00 NA FHL 11/14/95 11/14/00 6.30 1,000,000.00 1,000,000.00 1,005,000.00 1,000,000.00 6.30 FHLM 08/11/95 02/23/99 5.50 502,956.25 492,139.05 498,755.00 500,000.00 4.95 FICO 11/30/92 02/03/99 6.50 901,323.27 956,399.32 948,750.00 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,195,789.33 1,255,285.44 1,185,998.50 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 228,096.70 239,412.44 234,900.84 276,000.00 NA FNMA 09/29/93 09/28/98 4.92 1,450,000.00 1,450,000.00 1,426,510.00 1,450,000.00 4.92 FHLM 07/07/93 07/07/98 4.80 600,000.00 600,000.00 598,080.00 600,000.00 4.8 TVA 09/15/95 05/15/97 6.40 466,298.55 472,709.28 517,500.00 517,500.00 NA TVA 06/05/95 11/15/97 5.52 1,891,076.20 1,944,205.84 1,876,733.50 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 999,768.64 1,019,208.49 1,030,897.51 1,139,000.00 NA USTN 06/02/95 07/31/97 5.97 1,012,676.54 995,473.32 1,001,720.00 1,000,000.00 5.5 CP 10/26/95 03/20/96 5.87 1,465,568.33 1,473,879.42 1,465,568.33 1,500,000.00 NA CP 11/02/95 01/30/96 5.87 1,971,767.22 1,980,966.67 1,971,767.22 2,000,000.00 NA CP 11/02/95 01/18/96 5.79 987,722.78 992,346.67 987,722.78 1,000,000.00 NA 4-M 01/01/00 1,232.18 1,232.18 1,232.18 1,232.18 None Norwest 01/01/00 547.460.52 547,460.52 547.460.52 547.460.52 None Total 19,767,148.56 20,023,957.78 22,083,237.70 01111111 SHAKOPEE January 4, 1996 Chicago &North Western Railway Company Attention: Mr. L.E. Dahler, Trainmaster 275 East Fourth Street St. Paul, MN 55101 Re: Railroad Traffic in the City Limits of Shakopee Dear Mr. Dahler: We recently received a complaint regarding trains holding up traffic for more than ten minutes. As you recall, the City charged your company with a violation of the Shakopee City Code 7.11 which occurred on September 13, 1994. In addition, according to Minnesota Statutes 219.383, the company is prohibited from obstructing traffic for longer than ten minutes. According to our source, the train intersection in the area of Highway 101 and County Road 18 is constantly being obstructed for periods of 20 minutes or more. Of particular concern, is that the obstruction occurs during rush hour periods. I would ask that you communicate to your employees their obligations under the laws and ordinances of Minnesota. If the complaints persist we will have to take the necessary enforcement action. If you have any questions, please feel free to contact me. Sincerel Mark A. Erickso Assistant City Attorney MAE:bjl [121et14.doc] • cc: Mayor Jeff Henderson and Shakopee City Council Karen Marty COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota January 4, 1996 MEMBERS PRESENT: Mars,Joos,Madigan,Bladow, and Link MEMBERS ABSENT: Christensen STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann,Planner I Nicole Bennett,Planner I Dave Nummer, Staff Engineer Clare 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 DECEMBER 7, 1995 MEETING MINUTES The minutes were approved as submitted. Commissioner Joos abstained. 4. RECOGNITION OF INTERESTED CITIZENS Chairman Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: TO DETERMINE THE START AND END DATES FOR FISCHER AGGREGATES,INC.,CONDITIONAL USE PERMIT#376. Ms.Bennett stated that at its November 21, 1995, meeting,the Shakopee City Council made a motion to remand this item back to the Board of Adjustment and Appeals for clarification as to the time frame regarding Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 for Fisher Aggregates because this issue was not addressed in the original amendment. Ms. Bennett noted that staff has brought this issue back to the Board with a full public hearing to deal solely with the determination of a start date and an end date for the 17-year time frame of the mining operation Commissioner Mars noted that the time frame is the only issue to be addressed at this public hearing. City of Shakopee Page 2 Board of Adjustment and Appeals January 4, 1996 John Voss.. Planning Consultant for Fischer Aggregates, presented the Board with a handout and he reviewed six items from Conditional Use Permit No. 376 and the Environmental Assessment Worksheet (EAW)prepared for the City of Shakopee. Mr. Voss stated that these documents address the changes from the original mining plan to the new plan including time frames for completion of the mining phases that illustrate why the later end date is being requested. He noted that the net amount of material to be removed has been changed drastically and could not realistically be completed by an end date of 2005. He discussed the EAW and a timetable which explained the schedule for the mining operations that approximated the date of completion to be 2012. He noted that these documents were approved by the City in January, 1995. Mr. Voss reviewed the five alternatives included in the staff memo, and he noted that Alternative Nos. 1, 2 and 3 are consistent with their request. He noted that Alternative No. 4 proposing an end date of 2005 is not feasible. He requested that one of the first three alternatives associated with an end date in 2012 or 2013 be approved. Beverly Koehnen. 2036 Canterbury Road read condition nineteen from the original Conditional Use Permit for Fischer Aggregrates. She stated her belief that the operation should not be extended from 17 to 20 years as it will not bring any benefit to the City of Shakopee. She noted that there seems to be no reason for extending the time frame of the permit beyond 17 years from the original start date in 1988. Ms. Koehnen stated that she visited Apple Valley City Hall to research complaints about the Fischer mine located in that City, and discovered that there have been problems. She asked why the BOAA would want to allow this operation to extend past the year 2005. Ms.Koehnen requested that the BOAA approve Alternative No. 4 to establish the start date at 1988 and the end date at 2005. Motion: Commissioners Joos/Madigan moved to close the public hearing. Vote: Motion carried unanimously. Discussion: Commissioner Bladow stated that he would be against extending the operation to the year 2013. He stated that all references in the CUP refer to 19 to 20 years after 1985. Commissioner Joos noted that, at this point, the operation could not be completed by the year 2005. In order for it to be realistic for the CUP to be utilized for its intent, the end date of 2013 is more plausible. Commissioner Mars stated that the CUP has been a controversy for a number of years, and the new amendment is drastically different than the original application. He inquired whether a CUP becomes void after six months or a year of disuse. Mr.Bilotta responded that it would be void after six months. Mr.Bilotta stated that he was not aware of any instance of the operation being shut down for that period of time. City of Shakopee Page 3 Board of Adjustment and Appeals January 4, 1996 Commissioner Mars believed that the time frame should end from the 1988 start date. Commissioner Madigan agreed with Commissioner Bladow's comments; however, she stated that if the BOAA has been the reason for most of the delays to the Fischers, then she didn't believe it would be fair to leave them with an unrealistic end date. Commissioner Link agreed with Commissioner Joos' comments. He stated that he also feels that this is like a whole new operation and should be allowed to operate until 2013. Beverly Koehnen stated that she thought the EAW was misrepresented as it relates to excavation depths. She believed that the Fischers were being given a license to dig as deep as they would like given the extra time to mine. She stated that most of the stalling regarding a decision on this proposal was made by the applicant,not by the City. Motion: Commissioners Joos/Link offered a motion to recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years,beginning on January 16, 1996, and terminating on January 16, 2013. Vote: Motion carried 3-2. Voting for: Joos, Link and Madigan. Voting against: Mars and Bladow. 6. OTHER BUSINESS No other business was on the agenda for discussion. 7. ADJOURN Chairman Mars adjourned the meeting at 8:00 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee,Minnesota January 4, 1996 MEMBERS PRESENT: Joos,Mars,Madigan,Bladow, and Link MEMBERS ABSENT: Christensen STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann,Planner I Nicole Bennett,Planner I Dave Nummer, Staff Engineer Clare Link,Recording Secretary 1. ROLL CALL. Chairman Joos called to meeting to order at 8:00 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA. The agenda was approved as submitted. 3. RECOGNITION OF INTERESTED CITIZENS. Chairman Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA. Items on the Consent Agenda included: Agenda Item#5. Approval of the December 7, 1995 Meeting Minutes Agenda Item#8. Final Plat: To consider the final plat of Market Place 2nd, located at 5th Avenue and Market Street(Tabled at December 7, 1995 meeting) Agenda Item#9. Final Plat: To consider the final plat of Prairie Bend 2nd Addition,located East of Sarazin Street and South of 4th Avenue. Motion: Commissioners Mars/Madigan moved to approve the Consent Agenda items as noted above. Vote: Motion carried unanimously, with Commissioner Joos abstaining from Agenda Item#5. 5. *APPROVAL OF DECEMBER 7, 1995 MEETING MINUTES. The minutes were approved as submitted on the Consent Agenda. City of Shakopee Planning Commission January 4, 1996 Page 2 6. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF WESTWIND 1ST ADDITION, LOCATED WEST OF FULLER STREET AND ACROSS FROM THE CIVIC CENTER. Ms. Baumann stated that James, Mary and Jeff Monnens have submitted an application for Preliminary Plat approval of Westwind 1st Addition. At this time the applicants are requesting that this item be continued to the February 8, 1996 meeting of the Planning Commission; however,the applicants are present to discuss design issues. Jeff Monnens. 467 South Market discussed the design of the preliminary plat. He stated that this design is the most feasible for this property. He stated that he would like input from the Planning Commission before any additional changes are made on the plat drawing. He noted that the abutting property owners to the west do not want access, which would eliminate the need for a street connection. He had concerns about easements, right-of-way, trails, and keeping this project on schedule. Commissioner Joos stated that it is difficult to see how this plat relates to surrounding uses. He believed that this should be addressed. Mr. Bilotta reviewed the surrounding uses including a drainage ditch on the south, cemetery to the west, existing residential development to the north, and the civic center on the east. He stated that staffs major issue is the design of the eyebrow cul-de-sacs. Commissioner Link asked if staff is recommending that the streets be extended to the cemetery. Mr. Monnens stated that this option was discussed with staff recently. Designing the streets through to the cemetery would result in one lot being lost. Mr. Bilotta stated that under normal circumstances, a requirement would be to extend access to the west. He noted that this is a unique situation. If the streets are extended to the cemetery , City requirements would be met. Designing the streets through to the cemetery is an option for the developer, not a requirement. Commissioner Joos asked what the cost difference would be between the cul-de-sac design and the through street design. Mr. Nummer discussed the cost comparisons provided in the staff memo,but stated that he has not done a cost analysis for the through street design. Commissioner Madigan asked if the cul-de-sacs would be a safety concern. Mr. Bilotta did not believe that it would be a problem from a fire standpoint. He discussed safety concerns for the eyebrow cul-de-sacs. Commissioner Mars asked for input from staff regarding traffic flow in the area. Mr. Bilotta discussed the design of this plat in order to ensure that local streets serve their purpose and deter cut-through traffic. City of Shakopee Planning Commission January 4, 1996 Page 3 Commissioner Bladow asked how many feet of storm sewer pipe would need to be laid in the development. Mr.Monnens replied that would be approximately 660 feet. Commissioner Link asked if the plan with the eyebrow cul-de-sacs is the plan Mr. Monnens is working on with staff. Mr.Monnens replied that it is. Commissioner Joos stated that he has a hard time approving the eyebrow cul-de-sacs. He stated that he would prefer dead end streets. Mr. Nummer noted that the property to the west is proposed for a cemetery but is not currently in use as one. Commissioner Link asked how large the cemetery parcel is. Mr. Nummer believed that it is approximately twenty acres. Commissioner Mars suggested making one of the streets a dead end and keeping the eyebrow cul-de-sac to the north. Mr.Bilotta stated that this plat should not impact the Apgar issue in any way. Mr.Nummer noted that the roads in the development to the north come up to Apgar and stop. He noted that this plat is limited to only one access to the north. Commissioner Link was in favor of Commissioner Mars' suggestion to dead end one of the streets. Mr. Monnens agreed with the suggestion. Mr. Nummer noted that this could be a problem for the property to the west. He believed that it would make more sense to dead end the street on the north rather than the south. Mr. Bilotta stated that an option would be to have the property owner to the west sign a letter recognizing future problems that might arise if access is not provided to the site. Mr. Monnens noted that he has a letter from the property owners stating that access is not desired. Commissioner Mars asked if there would ever be access to the west through the park. Mr. Bilotta replied that there would not. Mr.Bilotta and Mr.Nummer discussed dedicated park land and its uses. It was the consensus of the Planning Commission that the road to the south should be made a dead end and that the street to the north should have an eyebrow cul-de-sac. The road to the east would be made a regular curve rather than an eyebrow cul-de-sac. City of Shakopee Planning Commission January 4, 1996 Page 4 Commissioners discussed eyebrow cul-de-sac configuration. It is not the intent of the Planning Commission to establish a policy allowing eyebrow cul-de-sacs in the future. Harold Armstrong. 1044 Fuller Street was concerned about the traffic on Fuller Street and the additional traffic as a result of this plat. He requested that Apgar Street be kept open. Motion: Commissioners Mars/Bladow moved to continue the public hearing to the February 8, 1996 Planning Commission meeting. Vote: Motion carried unanimously. The Commission recessed at 9:15 p.m. and reconvened at 9:30 p.m. 7. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER, SECTION 11.60, SUBD. 8 FOR A TEXT AMENDMENT TO REDUCE THE LANDSCAPING REQUIREMENTS (CONTINUED AT DECEMBER 7, 1995 MEETING). Ms.Bennett noted that this item was sent to the Planning Commission at its December 7, 1995 meeting. At that time it was tabled to the January 4, 1996 meeting in order to allow staff additional time to review this proposed amendment. Commissioners and staff discussed the proposed amendment and current landscaping requirements. Commissioner Mars asked if the intent was to lower the amount of landscaping on larger uses. Ms.Bennett noted that the opposite was the case based on what other communities are doing. Motion: Commissioners Mars/Bladow moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Bladow/Madigan moved to offer a motion to recommend to the City Council the approval of the proposed text amendments to Section 11.60, Subdivision 8 of the City Code, and move its approval. Vote: Motion carried 4 to 1,with Commissioner Mars voting against the motion. City of Shakopee Planning Commission January 4, 1996 Page 5 8. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF MARKET PLACE 2ND, LOCATED AT 5TH AVENUE AND MARKET STREET(TABLED AT DECEMBER 7, 1995 MEETING). This item was tabled to the February 8, 1996 meeting on the Consent Agenda. 9. *PUBLIC HEARING: TO CONSIDER THE FINAL PLAT OF PRAIRIE BEND 2ND ADDITION, LOCATED EAST OF SARAZIN STREET AND SOUTH OF 4TH AVENUE. This item was approved on the Consent Agenda. 10. OTHER BUSINESS A. Canterbury Park Event Schedule Ms. Baumann noted that Canterbury Park has submitted a list of events to conducted at its facility for 1996. This information is being provided to the Planning Commission for its review. B. Work Programs Mr.Bilotta stated that the downtown area will become a priority for 1996. 11. ADJOURN Chairman Joos adjourned the meeting at 9:40 p.m. 7 SHAKOPEE OUTLINE OF LOCAL IMPROVEMENT, MINNESOTA STATUTES, CHAPTER 429 PROJECTS IMPROVEMENT PROJECT PROCEDURE 1. Council Orders Preparation of Report on Improvement Project. 2. Council Receives Report and Calls for a Public Hearing on Improvement Project. 3. Public Hearing is Held. 4. Council can Approve or Deny Project at Hearing. If Approved, Council Orders the Improvement and the Preparation of Plans. 5. Council will Later Approve Plans and Order an Advertisement for Bids. 6. After Bid Opening, Council Awards Bid. ASSESSING COST PROCEDURE 1. Council Approves Resolution Declaring Cost to be Assessed and Orders Preparation of Proposed Assessment, and Establishes an Assessment Hearing Date. 2. Mailed Notice of Assessment Hearing and of Assessment to Property Owners is Given Prior to Hearing. 3. Assessment Hearing Held and Council Adopts Assessment Role. 4. Certification to County Auditor. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 s TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessment Abatement Reconsideration DATE: January 3, 1996 I consulted with the Scott County Auditor today regarding rescinding the special assessment abatement request approved by the City Council on 12/5/95 . The County Auditor is going to try to collect the total amount due (including the special assessment) . In the event that collection is not made, then the abatement for the special assessment and the abatement taxes would proceed in order for the county to remove the receivable from the records. There is no council action needed. Council could rescind the approval of the special assessment request by motion and notification to the County Auditor. If the collection effort fails, the approval would then need to be processed again. Monthly Project Report - Submitted by Barry Stock January 11, 1996 Proiect Start Complete Status Comments 1. Perform Employee 11/1 12/1 50% Rec. Dept. Evaluations Complete 2. City Residents Guide 12/15 3/1 70% (Nicole) 3. 5 Yr. Bdlg. Maint. Plan 7/10 12/30 20% 4. Community Center Process 1993 1995 Bldg. Issues 90% Staffing Plan (Fill FT Positions) 90% Staffing (PT) 70% Arena Scheduling 100% Equip. Needs/Purchases 85% User Fee Policies 95% Facility Schedule 95% Family Net Office Agreement 95% Vending Proposal Contracts 100% Arena Ad Sales 70% Concession Stand Agreement 100% Smoke Free Bldg. & Grounds Pollicy 100% ISD 720 Facility Use Agreement 100% Ice Time Rental and Schedule 100% Bldg. Operation Proposals 100% Furnishing/Fixture Assistance Proposals 100% Opening Dedication Events and Advertising 50% 5. Blocks 3 and 4 Rehab Proposal - Old City Hall 80% Create TIF Redevelopment District 100% Property Acquisition 20% Property Relocations 25% Informational Meetings 50% 41. city Newsletter 12/26 2/5 0% Issue #1 7. Neighborhood Meeting 1/17 ? 25% Concept 8. Admin. Policy RE: Common 12/21 4/15 10% Sewer/Water Line for Condo Units 9. Fire Station Siting 11/1 ? 20% 10. Bldg. Cleaning RFP's 8/8 9/15 90% 11. Non-Union Pay Plan 12/1 12/18 90% 12. Winter Rec. Dept Program Guide 11/25 12/18 100% 13. Re-evaluation of EDA 1/9 2/6 10% Membership Composition Recreation Center Time Schedule 1. Gymnasium Floor Finished 1/19 2. Telephone/Computer Wiring Complete 1/12 3. Wrestling Room Carpet Down 1/15 4. Office Area, Mtg. Room, Cable Studio Carpet Down 1/19 5. Copy Machine Delivered 1/22 6. Office Panel Installed 1/22 7. Telephone System Installed 1/23 8. Computer System and File Server Installed 1/23 9. Front Lobby Tile Complete 1/24 10. Move Recreation Dept. Staff 1/26 11. Front Lobby Complete 1/25 12. Gymnastics Floor Finished 2/1 13. Recreation Center Open for Business 2/5 14. Cardiovascular Equip. Delivered 1/25 15. Recreation Center Grand Opening Celebration 2/15 - 2/17 16. Cybex Equip. Delivered 2/17 SII Meeting Notice Downtown Redevelopment Forum Tuesday, January 23rd. 7:00 p.m. Shakopee City Council Chambers The purpose of the meeting is to solicit comments from interested parties regarding the future development potential of Blocks 3 and 4 in Downtown Shakopee. Potential issues for discussion include redevelopment, demolition, rehabilitation and any combination thereof. Property owners and tenants occupying property within Blocks 3 and 4 are encouraged to attend this meeting. The meeting is also open to any resident and/or business owner who would like to comment on this issue. MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Community Development Director DATE: January 11, 1996 RE: City Hall Electricity NON-AGENDA INFORMATION There will be electrical work on the City Hall Building over the 3-day weekend (January 13-15)that will require the cutting of electrical service to the building. This loss of electricity will impact much of the City's electronic equipment so there will be service losses in some systems(notably, voicemail, computer systems and the agenda screen on the cable station). Systems that appear to be most vulnerable to damage from the electrical work will be taken off-line. All systems should be back in full operation on Tuesday, January 16. i:\commdev\cc\1996\cc011aelec.doc #/3 MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Community Development Director DATE: January 11, 1996 RE: Community Development Dept. Service Levels NON-AGENDA INFORMATION With the resignation of the Planner I in December, the Community Development Department has had to reallocate work tasks and priorities in the department and the following is some initial feedback on the reallocation process and initial impact. When reallocating work tasks, staff set as the first priority any tasks that involve direct service to the public(reactive tasks)which includes telephone and counter inquiries (zoning, subdivision, permit and economic development questions), permit processing, development activities and any public generated applications (rezonings, conditional use permits, easement vacations, right-of-way vacations, subdivisions, minor subdivisions, planned unit developments, variances, etc.). In order to maintain service levels in this area, the Planner I/Economic Development Specialist was reassigned to take the bulk of the reactive tasks previously performed by the Planner I who resigned. Service response to the public has been maintained in these areas. The second priority of tasks has been all essential items for the boards and commissions that the Community Development Dept. reports to (City Council, Board of Adjustment and Appeals, Planning Commission, Economic Development Authority and Community Development Commission). Tasks have been reallocated within the dept. and additional assistance has been provided by the Assistant City Administrator. All meetings have remained on schedule and service levels has been largely maintained at the previous levels. The third priority of tasks are the items that are essential for the operation of other departments in the organization. The most critical of these responsibilities is the provision of information services(computers, etc.). Service has suffered in this area in terms of response time and has placed requests for new services or process improvements in a hold or delayed status. In order to maintain basic service levels and minimize disruption in this area, the City's computer service provider has been relied on more to do tasks that were previously handled by in-house staff which has a negative budgetary impact over previous practices(due to the lower cost of staff time). Basic service levels are largely being maintained although 4-7 multi-day incidents have occurred that would not have previously which has created some disruption in other dept. 's ability to perform. Planning and Economic Development support to all dept. 's is being maintained at approximately 70%of previous levels. The fourth priority of tasks are the tasks which are not response-oriented (i.e. proactive tasks) including most economic development activities (including incentive programs update); text amendments for process improvements(including the subdivision regulations revision) (12-15 identified); plans(including the sidewalk/trail plan update, downtown planning efforts and the state-mandated housing plan); technology improvements; and Comprehensive Plan support are,for the most part, all on hold The fifth priority of tasks are those other tasks that involve entities outside of the City including coordination with other cities/county, legislative tracking, Met Council activities, staff training/skills upgrade, information gathering(particularly important for Met Council and state mandates) and any new projects that are not time sensitive have all been largely placed on hold This is, in general, the current situation in the Community Development Dept. and it appears that until the construction season begins, these service levels can be maintained. It is hoped that as the remaining staff becomes more familiar with the reallocated work tasks, more efficiency can be realized and some of the smaller proactive tasks can be taken off of hold status, although it seems unlikely that any of the larger projects will be able to come off of hold status. The Community Development Director has found department staff to be very flexible about the changes that have needed to occur(including reassignment of tasks, extra hours, cancellation or adjustment of vacations etc.)which has made this transition as smooth as possible. Action Requested This item is for informational purposes so no action is required unless the City Council desires to provide direction to staff to modify the process, tasks and/or priorities established above. Staff will provide additional updates to the City Council if conditions change significantly. 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II W Cr) II n II n II II U 4 U) a a Cr) W w U) H cI 0 U H H x 0 W Cr) HH E a3 U H a 0 0 0 0 W W U) U 00 0 H U) co a cx H n H H Z 4 0 w Cr]) a Il H a X Z H i U W a n wu > X w UW) X W II W U) 0 04 U C1; H Z W W It A a ] .� H (>14. �Ca Q II z DI E. E•( f--I W H H EEl W E• H n 0 h n W E0 •. 0 0 0 0 0 o E,0 U n O U) w w ) N U CO cUn CO n w NON-AGENDA INFORMATIONAL ITEM MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : January 10, 1996 RE : Update on Workload BACKGROUND: At the City Council meeting on January 2, 1996, the City Council accepted the resignation of Mark Erickson, Assistant City Attorney. The City Council tabled the matter regarding finding additional legal assistance for the City Attorney, but also directed staff to seek quotes from Scott County and from Scott Joint Prosecution regarding providing prosecution services for the City. At the same time the City Council directed the City Attorney to keep the Council apprised of workload problems . STATUS REPORT: Both Scott County and Scott Joint Prosection have been contacted regarding providing prosecution services for the City. Both responded favorably, but as of this writing had not submitted written quotes. Workload is a problem. Prosecution takes nearly full-time, if done well . We have instituted several changes which lower the level of service, but do not significantly compromise the quality or quantity of cases handled. These are as follows : - In order to reduce the amount of time spent on prosecution, the attorney no longer signs letters to police officers and victims (which makes the letters less personal and look more like the form letters they are) . - Letters regarding court dates will not be sent to police officers any more; they will receive photocopies of forms from the court with information high-lighted and brief hand-written notes scribbled on them. - The Police Department does not like to have four or five of its officers tied up in court for trials at one time, since our police department is not very large. The Chief has agreed, however, during this "crunch" period, to allow up to five court trials to be set during each half-day. This may result in increased over-time pay for officers, and a reduced number of officers on the street . - The Court Administrator has agreed to change how Shakopee cases are scheduled, to increase the number set each half day (which increases waiting time for defendants and witnesses) , and leave more half-days free so that the attorney may return to City Hall to handle civil matters . - We will no longer allow defendants or their attorneys to set court trials in the afternoon. Nor will we set cases either Monday morning or Monday afternoon at their convenience. They will be forced to accept morning settings for court trials, and will not get to choose which half-day on Monday. - Most criminal telephone calls and personal visits to the attorney are handled by the Legal Secretary. In the civil arena, work that can be postponed is being postponed. Other work is being shifted to other departments . For example : - The City Clerk had a legal question which could be answered by the League of Minnesota Cities . She was told to get her answer from them, not from the attorney. - The Public Works Director is considering recommending a contract which has the City assuming an unknown amount of risk. Rather than discuss the matter at length, only a minimum of time has been spent on the issue and he has been told to make his own recommendation to the City Council . - No attorney will attend some meetings of the Shakopee Public Utilities Commission. Legal matters will be discussed with the Utility Manager ahead of time if possible, or after the Commission has taken action if that is the only option. - Telephone calls to the attorney are being answered up to a week late, depending on time available to respond. - Non-urgent (except maybe to the people involved) matters have been postponed indefinitely, including filing a complaint regarding an illegally-used storage structure on Swift Street; preparation of a silt fence ordinance to prohibit damage to neighboring property during construction; preparation of the 1996 update to the City Code; redrafting the subdivision regulations and related bonds and contracts; research on Indian -2- matters which may impact our litigation; and review of court fine revenue reports (the court has failed to send us all the revenue we are owed, recently sent us a few thousand dollars they had missed, and I was checking to see if they had missed any other revenue we are owed) . Other civil matters are being done sparingly, as time permits . They are not being done as promptly or as completely as before. This is for your information. ? _. Signed ♦" • Ad/ g Karen Mar y, i Attorney KEM:bjm l [9MEMO3] -3- MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : January 11, 1996 RE : Court Charts • Every month or two the Legal Department prepares charts showing how many times the prosecutor was required to appear in court on the various cases we prosecute . Attached is a chart for the end of 1995 showing our required court appearances from 1993 through to the present . Our attendance is required in court on all these matters, and if the prosecutor does not appear, then the ticket is dismissed. The required court appearances vary based on the severity of the crime. For petty misdemeanors (e.g. , most traffic tickets) , the prosecutor must go to court trials for all petty misdemeanor cases where the defendant (person who got the ticket) does not plead guilty at arraignment (their first appearance in court) . • For misdemeanors (e .g. , first-time arrests for driving while under the influence of alcohol, driving without a license or without insurance, first-time domestic abuse) , the prosecutor must go (1) to calendar calls (pre-trials) for all cases where the defendant did not plead guilty at arraignment, and try to settle the case then; and (2) to jury trials for all cases which did not settle at the calendar call . For gross misdemeanors (e .g. , second-time and subsequent arrests for driving while under the influence of alcohol, second- time and subsequent arrests for domestic abuse) , the prosecutor must go (1) first appearances (like fancy arraignments) ; (2) to omnibus hearings for all cases where the defendant did not plead guilty at the first appearance, and try to settle the case then; and (3) to jury trials for all cases which did not settle at the omnibus hearing. More complex cases sometimes require the court to prepare a pre-sentence investigation, to see just how bad a defendant is, or what is going on in the defendant' s life (job history, prior crimes, drinking problems, etc. ) . In those cases, the prosecutor must appear not only at the above items, but also at a sentencing. Finally, once a defendant is sentenced, if the defendant fails to do what he or she is supposed to do (attend Alcoholics Anonymous, stay law-abiding, pay a fine, etc . ) , then a probation revocation hearing is scheduled to see if an additional fine or additional jail time should be required of the defendant . If you have questions about any of this, please let me know. Signed 4./ A19 Karen Mar, y, Cit Attorney KEM:bjm [9MEMO3] Attachment • -2- Number of Appearances N A O) co O N O O O O O O O 1/93 0111111111.111111111 E7.:71;:; Ill 1111 11111 ilL7......... 1/95 ®. 2/93 1 11 ' n 11 11]]1 11 1 1 su 2/95 iil ' 0. _ 4 H � �A+) 3/93 IIIIIIII IIoIJ1I1. 1, .niv I dill Cl_ .. H 3/95 I" •IIIIIII Iin11111,1 la OQ 4/93 11 1111111Iii 1!_ 73 I <D < 4/95 1�1 y CO f '9 • }'S l CD W 5/93 i IIIII'111II1 � cn o VIII rhe' cn nn 5/95 1111111111111111 i k;;` 6/93 �'ll':III ` C 1 . i tu I I I III 11 II III 11 � 4".'" 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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 2, 1996 Newly elected officials took the oath of office immediately preceding the convening of the meeting. Mayor Jeff Henderson called the meeting to order at 7:02 P.M. with Councilmembers Jane DuBois, Clete Link, Robert Sweeney, and Burl Zorn present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator: Karen Marty, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Community Development Director/Planning Director; Tom Steininger, Chief of Police;Dave Nummer, Staff Engineer; and Mark Huge, Fire Chief. The following items were added to the agenda: 9b)Bureau of Mediation Services Status Quo Order, 13b)Proposal for Scott County Economic Development Planning Board, 13c) Municipal Legislative Dinner, and an Executive Session for an update on litigation matters. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Mayor Henderson recessed the meeting for a meeting of the Economic Development Authority at 7:04 P.M. Mayor Henderson re-convened the meeting at 7:46 P.M. A liaison report was given by Cncl.Sweeney Under the Mayor's Report, Mayor Henderson thanked the City Administrator and Department Heads for the informative meetings held before taking office for the elected officials. He also thanked other groups for inviting them to meet on various matters before taking office. Mayor Henderson asked if there was anyone in the audience who wished to address the Council on any matter not on the agenda. Mr. Joe Kelly, CR-18, approached the podium and appraised the Council that the Scott County Highway Department expanded CR-18 from two lanes to four lanes when making plans for improvements. He explained that the City approved the plans and authorized execution of an agreement relating to cost participation in December of 1994. Part of the improvements for the portion of CR-18 within the City of Shakopee will be an urban design which adds considerable additional costs to the improvements. He stated that he feels that there is no valid reason to update CR-18 to four lanes and asked the City Council to rescind the earlier actions of the Council. Considerable discussion followed. `V Official Proceedings of the January 2, 1996 Shakopee City Council Page -2- Scott County Commissioner Art Bannerman encouraged the Council to talk with Mr. Brad Larson, Scott County Highway Engineer, about the proposed plans for upgrading CR-18 before rescinding any actions already taken by the City Council. Zorn/DuBois moved to direct staff to invite Mr. Larson to a Council meeting to give a brief status on the County plans for upgrading CR-18 and CR-21; and, to advise the County that the City desires to explore the upgrades further. Motion carried unanimously. Sweeney/Zorn moved to approve the Minutes of December 19, 1995. Motion carried unanimously. Mayor Henderson acknowledged a letter from Ms. Maggie Busch regarding abolishing snowmobiling within the City limits. She indicated her desire to allow it to continue as long as possible. Mayor Henderson explained that the City is not now considering abolishing snowmobiling within the City limits. Sweeney/Zorn moved to receive and file the correspondence from Ms. Maggie Busch regarding snowmobiling within the City limits. Motion carried unanimously. Mr. Kraft read the conditions contained within a Maintenance of Status Quo Order from the Bureau of Mediation Services relating to all confidential, supervisory and professional employees of the City of Shakopee. He explained the procedures involved in the establishment of a Union. Discussion followed. Link/Zorn moved to place a freeze on all hiring in the City of Shakopee until the Maintenance of Status Quo Order relating to all confidential, supervisory and professional employees of the City of Shakopee is resolved. Discussion followed. Link/DuBois moved to amend the motion to freeze the hiring of all confidential, supervisory and professional employees. Motion defeated unanimously. Sweeney/Zorn moved to receive and file the Maintenance of Status Quo Order from the Bureau of Mediation Services and directed staff to clear up the errors in the dates. Motion carried unanimously. Mayor Henderson recommended liaison appointments of Councilmembers for 1996. Link/Zorn moved to approve the liaison appointments as recommended by the Mayor: Shakopee Public Utilities Commission - Cncl.Sweeney Murphy's Landing - Cncl.Link Official Proceedings of the January 2, 1996 Shakopee City Council Page -3- Independent School District#720 - Cncl.DuBois Scott County Board of Commissioners - Cncl.Sweeney and Cncl.Zorn Shakopee convention and Visitors Bureau - Cncl.DuBois Association of Metropolitan Municipalities - Cncl.Zorn Alternate to the Metropolitan Municipalities - Cncl. DuBois Suburban Rate Authority- Cncl.Sweeney Alternate to the Suburban Rate Authority- Cncl.Link Acting Mayor to fulfill the duties of the Mayor in his absence- Cncl.Sweeney Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4370, A Resolution Designating A Director and Alternate Director to the Suburban Rate Authority, and moved its adoption. Motion carried unanimously. DuBois/Link moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1996. Motion carried unanimously. Link/Sweeney moved to authorize the appropriate City Officials to enter into a contract with Alexandria Technical College to conduct customized firearms training for the Police Department. Motion carried unanimously. Mr. Voxland explained that the City has been approached by the Scott County Soil and Water Conservation District (SWCD)to participate in a grant program by giving the SWCD a permanent easement to 63 acres north of the creek in Memorial Park in exchange for grant payments. There is some question as to whether or not the City is eligible under the terms of the grant. Sweeney/DuBois directed staff to pursue the necessary legislative/judicial/administrative changes or challenges to the definition of individual in order to include the City as eligible under the terms of the grant. Motion carried unanimously. Mayor Henderson recessed the meeting at 9:09 P.M. Mayor Henderson re-convened the meeting at 9:20 P.M. Sweeney/Zorn moved to approve the bills in the amount of$141,820.31. Motion carried unanimously. Sweeney/Link moved to table community development department staffing. Motion carried unanimously. Official Proceedings of the January 2, 1996 Shakopee City Council Page -4- Link/Zorn moved to authorize the purchase of a pickup from Erickson Chevrolet in the amount of$19,851.80 under the Hennepin County Cooperative contract. Motion carried unanimously. Ms. Cox explained that some terms on the various boards and commissions, appointed by the Council, will be expiring the end of February. She explained the various actions that needed to be taken by the Council at this time, according to the City Council's guidelines for appointments and operations for boards and commissions. DuBois/Link moved that Mayor Henderson and Cncl.Zorn be appointed, along with Mr. Kraft, to interview the candidates for expiring terms on boards and commissions. Motion carried unanimously. Zorn/Sweeney moved to continue past practice and appoint members to the Board of Review consisting of two Councilmembers and three individuals from the City. Motion carried unanimously. Sweeney/Zorn moved to direct the City Clerk to notify all incumbents on boards and commissions of the upcoming expiration of their terms and invite them to apply for re- appointment if they desire to do so. Motion carried unanimously. The assistant facility manager/recreation programmer was left on the table. (Tabled 11/21/95) Sweeney/Link moved to accept the resignation of Assistant City Attorney Mark Erickson. Motion carried unanimously. Sweeney/Link moved to table the legal department staffing. Motion carried unanimously. Mayor Henderson asked Ms. Marty to notify the Council if the workload within the legal department gets to a point that it jeopardizes the City. Cncl.Zorn requested that quotes be obtained from both Scott County and Joint Scott County Prosecution for handling the City's prosecution matters. Mr. Voxland explained that since 1967 the City has had a rural and an urban taxing district. The rural district is taxed one-half that of other properties. He explained the qualifications for being classified within the rural district. He invited City Council to consider whether or not they wished to make any changes to having two taxing districts. Discussion followed. Official Proceedings of the January 2, 1996 Shakopee City Council Page -5- Sweeney/Zorn moved to direct staff to analyze and make recommendations on changing the City policy relating to rural and urban tax districts for the January 23rd Committee of the Whole meeting. Motion carried unanimously. Mr. Kraft stated that the Council may wish to consider adopting meeting objectives and procedures to move meetings along and at the same time allow public input and allow predictability of when things will happen. He said that he has put a document together for Council consideration but that it is not all inclusive. Sweeney/Zorn moved to adopt the Council Meeting Objectives and Procedures(as outlined in the December 27, 1995 memo from Dennis R. Kraft, City Administrator)for the next four meetings. (CC Document#235). Motion carried unanimously. Discussion ensued on a draft ordinance establishing a code of ethics. Mayor Henderson provided Councilmembers with a new Subdivision(Subd.) 3 to replace the Subdivision 3 in the draft ordinance. Mayor Henderson read Subd. 1. Purpose, Subd. 2. Credo, and the new Subd. 3. Statements of Economic Interest. Discussion followed. DuBois/Link offered Ordinance No. 438, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 2, Administration And General Government, By Adding One New Section Establishing A Code Of Ethics, including the new Subd. 3, and moved its adoption. Discussion followed relating to the penalty provisions in Section 2. Zorn/Sweeney moved to amend Ordinance No. 438 by striking Section 2. General Provisions. Motion carried unanimously. Motion carried unanimously on main motion as amended. Zorn/DuBois moved to approve the raffle and waive the 30 day review period for the Church of St. Michael's application for authorization for an exemption from lawful gambling license for a raffle at the Shakopee Ballroom and Banquet Center on February 3, 1996. Motion carried unanimously. Zorn/Link offered Resolution No. 4371, A Resolution Amending Resolution No. 4364 For The Downtown Streetscape Special Assessments, and moved its adoption. Motion carried unanimously. Mr. Loney appraised the City Council that for the last year and a half the City has been involved with the Millpond Treatment Basin Project. This project involves improving the water quality of the water draining from the Upper Valley Drainage to the Millpond area just north of Trunk Highway 101. The City has received a grant for the project. Official Proceedings of the January 2, 1996 Shakopee City Council Page -6- Mr. Loney stated that bids have been received for the Millpond Treatment Basin Project and that all needed permits from various agencies have now been received. Link/Sweeney offered Resolution No. 4372, A Resolution Accepting Bids On The Millpond Treatment Basin Project No. 1995-7, and moved its adoption. Motion carried unanimously. DuBois/Link moved to authorize a contingency in the amount of 10% of the project costs for use by the City Engineer in approving change order requests for the Millpond Treatment Basin Project No. 1995-7. Motion carried unanimously. Mr. Loney identified the various streets proposed for reconstruction in the 1996 Street Reconstruction Project. He explained that this is a continuation of past street reconstruction projects. The public hearing on the proposed improvements is proposed to be February 6th and the estimated cost for the project is $189,176.31. Link/Sweeney offered Resolution No. 4373, A Resolution Receiving A Report And Calling A Hearing On An Improvement For The 1996 Reconstruction Project No. 1996-2, and moved its adoption. Motion carried unanimously. Mr. Voxland asked City Council to consider adopting a new investment policy. The policy is recommended by the National Government Finance Officers Association. Discussion followed. Sweeney/Link offered Resolution No. 4374, A Resolution Adopting An Investment Policy And Repealing Resolution No. 4227, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to set a Committee of the Whole for City Council on January 9th and January 23rd. Motion carried unanimously. Mayor Henderson stated that the four new Councilmembers were invited to the County recently to learn about a Scott County Economic Development Planning Board being introduced for legislation. He stated that he would like to discuss this proposal in the council chambers. Scott County Commissioner Art Bannerman explained that this proposal is going to be introduced to the legislators representing the jurisdictions in Scott County in a meeting scheduled for January 18th. He said that the County would like feed back from the various governments within the County on the possible establishment of a Scott County Economic Development Planning Board. Official Proceedings of the January 2, 1995 Shakopee City Council Page -7- Sweeney/Link moved to place the Scott County Economic Development Planning Board on the Committee of the Whole Agenda for January 9th. Staff was directed to prepare a position paper outlining reactions and a response for discussion. Motion carried unanimously. Mr. Kraft appraised the City Council of the Municipal Legislative Commission's role and of their annual legislative dinner and program. He asked that Councilmembers let him know if they want to attend. City Council decided not to hold an executive session at this time. Sweeney/Zorn moved to adjourn to Tuesday, January 9, 1996 at 7:00 P.M. Motion carried unanimously. The meeting adjourned at 10:56 P.M. 3it74,1t- et/C dith S. Cox y Clerk Recording Secretary c 6 ccQ �R � �� a Official Proceedings of the January 2, 1996 Shakopee City Council Page -6- Mr. Loney stated that bids have been received for the Millpond Treatment Basin Project and that all needed permits from various agencies have now been received. Link/Sweeney offered Resolution No. 4372, A Resolution Accepting Bids On The Millpond Treatment Basin Project No. 1995-7, and moved its adoption. Motion carried unanimously. DuBois/Link moved to authorize a contingency in the amount of 10% of the project costs for use by the City Engineer in approving change order requests for the Millpond Treatment Basin Project No. 1995-7. Motion carried unanimously. Mr. Loney identified the various streets proposed for reconstruction in the 1996 Street Reconstruction Project. He explained that this is a continuation of past street reconstruction projects. The public hearing on the proposed improvements is proposed to be February 6th and the estimated cost for the project is$1$97176:3+. $869,176.31. Link/Sweeney offered Resolution No. 4373, A Resolution Receiving A Report And Calling A Hearing On An Improvement For The 1996 Reconstruction Project No. 1996-2, and moved its adoption. Motion carried unanimously. Mr. Voxland asked City Council to consider adopting a new investment policy. The policy is recommended by the National Government Finance Officers Association. Discussion followed. Sweeney/Link offered Resolution No. 4374, A Resolution Adopting An Investment Policy And Repealing Resolution No. 4227, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to set a Committee of the Whole for City Council on January 9th and January 23rd. Motion carried unanimously. Mayor Henderson stated that the four new Councilmembers were invited to the County recently to learn about a Scott County Economic Development Planning Board being introduced for legislation. He stated that he would like to discuss this proposal in the council chambers. Scott County Commissioner Art Bannerman explained that this proposal is going to be introduced to the legislators representing the jurisdictions in Scott County in a meeting scheduled for January 18th. He said that the County would like feed back from the various governments within the County on the possible establishment of a Scott County Economic Development Planning Board. # * * • ,e • t.• e 41-1 Association of Metropolitan Municipalities December 28, 1995 Mr. Dennis Kraft Administrator 129 Holmes Street South Shakopee, MN 55379-1376 Dear Dennis: I am privileged as President of the Association of Metropolitan Municipalities (AMM) to write this letter which transmits your 1996 AMM Dues Statement. The AMM is in its 22nd year of service and its record of success and accomplishments on behalf of metro cities is one of which we can be proud. The AMM will not rest on its record,however,as a new year begins. High on the priority list for AMM lobbying efforts in 1996 include preservation of HACA and LGA,increased and stable funding for transportation purposes and preservation/ enhancement of economic development tools including TIF. The AMM must continue to represent metropolitan cities effectively on these important concerns during the 1996 Session. The AMM must also continue to be a strong and unified voice in shaping the agenda for the reorganized Metropolitan Council and the metro legislative agenda. The AMM must continue to be a leader in dealing with urban issues and implemen- tation of the Livable Communities Act and the Regional Blueprint. The AMM is your organization and can only be effective in preserving local control and enhancing cities'ability to provide needed services to constituents through your active participation and financial support. I look forward to working with you and your mayor and councilmembers during 1996. S. -rely, "roan Campbell, AMM President Minneapolis, Councilmember n4S University Avenue West Saint Paul,Minnesota sSsoNo44 (612)ns-4000 Fax:721-12,qq DUES STATEMENT FOR 1996 Shakopee 145 University Avenue West St. Paul, Minnesota 55103-2044 As required by the AMM By-Laws, The Board of Directors has established the 1996 dues schedule. The dues are equal to 52% of a cities League of Minnesota Cities dues and the amount indicated is the same as the figure transmitted to you last July for budget planning purposes. The total dues increase for the AMM is 2.8% over 1995. Individual City amounts vary depending on population growth. The membership dues in the Association of Metropolitan Municipalities for the year beginning January 1, 1996 and ending December 31, 1996 are $ 3.356 for the City of Shakopee. I declare under the penalties of law that the foregoing amount is just and correct and that no part of it has been paid. Vern Peterson, Executive Director Association of Metropolitan Municipalities Memo To: Dennis Kraft, City Administ From: Julie Baumann, Planner I Aij Meeting Date: January 16, 1996 Re: Final Plat for Prairie Bend 2n. Addition Introduction Sienna Corporation is requesting approval of the Final Plat for Prairie Bend 2nd Addition. The subject site is located south of 4th Avenue and east of Sarazin Street. A copy of the January 4, 1996, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Final Plat for Prairie Bend 2nd Addition. 2. Do not approve the Final Plat for Prairie Bend 2nd Addition, 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 Final Plat for Prairie Bend 2nd Addition, subject to conditions. Action Requested Offer Resolution No. 4376, A Resolution Approving the Final Plat for Prairie Bend 2nd Addition, and move its adoption. i:\commdev\cc\1996\cc0116\fpprbnd2.doc RESOLUTION NO. 4376 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING THE FINAL PLAT FOR PRAIRIE BEND 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Prairie Bend 2nd Addition on January 4, 1996, and has recommended its approval;and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, 'THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Prairie Bend 2nd Addition, described as: Outlot D, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: Satisfy the conditions placed on the site during the Preliminary Plat and Planned Unit Development(PUD)approval processes. II. Approval of title opinion by the City Attorney. • III. Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. D. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. E. Street signs will be constructed and installed by the City of Shakopee at cost of $260.00 per sign pole to the developer for a total cost of$520.00. (2 sign poles needed). F. The applicant shall be responsible for the costs of construction of sidewalks as shown on the approved Planned Unit Development. G. The developer acknowledges the existence of pending special assessments and agrees that these assessments will be paid as set forth in the developers agreement for Prairie Bend 1st Addition. IV. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. V. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. VI. The Park Dedication requirements have been previously satisfied. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the Cityof Shakopee Y P Attest: City Clerk Approved as to form: City Attorney CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I � Meeting Date: January 4, 1996 ;I" Re: Final Plat for Prairie Bend 2nd Addition Introduction Sienna Corporation has submitted an application for approval of the Final Plat for Prairie Bend 2nd Addition. The subject site is located south of 4th Avenue and east of Sarazin Street. (See Exhibit A.) The developer is proposing to plat 48 lots for single family residential development. Discussion The preliminary plat for Prairie Bend was approved by the City Council on July 26, 1994. The Final Plat for Prairie Bend 2nd Addition is in substantial conformance with the approved Preliminary Plat. (See Exhibit B.) Staff Recommendation Staff recommends approval of the Final Plat of Prairie Bend 2nd Addition with the following conditions: 1. Satisfy the conditions placed on the site during the Preliminary Plat and Planned Unit Development (PUD) approval processes. 2. Approval of title opinion by the City Attorney. 3. Execution of a Developer's Agreement for construction of required improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at cost of$260.00 per sign pole to the developer for a total cost of$520.00. (2 sign poles needed). is I' • f) The applicant shall be responsible for the costs of construction of sidewalks as shown on the approved Planned Unit Development. g) The developer acknowledges the existence of pending special assessments and agrees that these assessments will be paid as set forth in the developers agreement for Prairie Bend 1st Addition. 4. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 5. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 6. The Park Dedication requirements have been previously satisfied. Alternatives 1. Recommend to the City Council the approval of the Final Plat, subject to the conditions recommended by staff. 2. Modify the conditions recommended by staff and recommend to the City Council the approval of the Final Plat, subject to the revised conditions. 3. Recommend the denial of the Final Plat to the City Council, stating the reasons for the denial. 4. Table the recommendation to the City Council and request additional information from the applicant or staff. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Prairie Bend 2nd Addition, subject to conditions, and move its approval. i:\commdev\boaa-pc\19961an04pc\fppbend2.doc EXHIBIT A IP; -_�L �� r'" ., vvl II.. _•_ lltl 4 t1tlJe It, �� �� 11 ,! '►. .Ittli�� : ' , ak\iiiiiiii � �� glgl o tilt 0�11011it� �� 1 Ail K 1111121IIVW 0�,1t IN-30 Salt 111 Mill onuiBalt sst--� > 4TH4014131"1" 1� I. a Y wilts . ' , IR3 g ,1 R3 AG Da 1 El B1 ' OUTWIT A II ti t011all A ' 1 1 . v:../..ZVelts.Pte:i.,A,:ii.....:4\.:_,A1) ec 51 luc_DING$DIVICES .,,, ,,,l. i 7. 40.111 1111 /i. ``✓� {``~� rw SUBJECT SITE f \n.::',.- :, \moi:::t • Bio �� .::.. ' lit plaY-11 //tAililii. At &---. .-.- . . .• ' • 1 . R 1. - .• - . 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I' , . I r--:5 I . g it I .I 3.. i 14r. ij ' i� �Y s6 Memo To: Dennis Kraft, City Administrator From: Nicole Bennett,Planner I Meeting Date: January 16, 1996 Re: Proposed Zoning Ordinance Text Amendment: Revisions to Landscaping Requirements, City Code Section 11.60, Subdivision 8. Introduction At its meeting on October 17, 1995,the Shakopee City Council directed staff to initiate an amendment to City Code Section 11.60, Subd. 8, to revise the City's landscaping requirements. At its hpublic hearingfor the text December 7, 1995, meeting, the PlanningCommission continued the amendment to allow for further review and discussion. On January 4, 1996, the Planning Commission recommended to the City Council that City Code Section 11.60, Subdivision 8 (Landscaping Requirements) be amended as attached in Ordinance No. 430. Copies of the December 7, 1995 and January 4, 1996, Planning Commission memos have been attached for your reference. Background and Discussion Prior to the update of the Zoning Ordinance in June 1994, the City's landscaping requirements, contained in Section 11.60, Subd. 7, required one major deciduous tree to be planted and maintained every 50 feet along public boulevards. In the case of a 75,000 square foot warehouse, the applicant would have been required to plant,22 major deciduous trees(assuming the maximum condition that all four sides of the building face public boulevards). The current Zoning Ordinance was adopted by the City Council on June 7, 1994. Under the current regulations, 195 units of landscaping would be required for a 75,000 square foot facility with a minimum of 100 units of 2" diameter deciduous trees, 1-1/2" diameter ornamental trees, or 6' tall coniferous trees required.. On October 17, 1995, staff sought City Council direction to initiate a text amendment to reduce the landscaping requirements because the requirements were found to be more stringent than was intended. Staff researched the landscaping requirements of other communities, and discovered that the City's requirements for facilities under 100,000 square feet are more stringent than other communities; however, the City's requirements for facilities over 100,000 square feet are significantly lower than other communities. 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 has been found to be in error,because the current landscaping requirements have been found to be more stringent for small facilities and less stringent for large facilities than was originally intended by the City Council. Criteria#2 That significant changes in community goals and policies have taken place; Draft Finding 2 The proposed changes are 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 not the result of a conflict with the Comprehensive Plan. , Alternatives 1. Adopt the proposed text amendment to City Code Section 11.60, Subdivision 8 (Landscaping Requirements)as recommended by the Planning Commission. 2. Modify the proposed text amendment, and adopt the revised text amendment to Section 11.60, Subdivision 8 of the City Code. 3. Do not adopt the proposed text amendment. 4. Table the decision and request additional information from staff. Planning Commission Recommendation The Planning Commission has recommended Alternative No. 1. Action Requested Offer Ordinance No. 430, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 11, Zoning, Section 11.60, Performance Standards, By Repealing Subd. 8, Landscaping Requirements, and Adopting One New Subdivision in Lieu Thereof;Relating to the Same Subject, and move its adoption. Bcommdev\cc\1996\ccO 116\amendlsc.doc ORDINANCE NO. 430, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11 . 60, PERFORMANCE STANDARDS, BY REPEALING SUBD. 8, LANDSCAPING REQUIREMENTS, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 11, Zoning, Sec. 11 . 60, Performance Standards, is hereby amended by repealing Subd. 8, Landscaping Requirements, and adopting one new subdivision in lieu thereof, which shall read as follows : Subd. 8 . Landscaping Requirements. Landscaping shall be required in all multiple-family residential, business, 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 right-of-way or other areas of the lot which are visible from a street . B. A minimum of three fivc units, as defined below, of landscaping shall be required for each 1, 000 square feet or fraction thereof of gross building area up to 10, 000 square feet . An additional two thrcc units of landscaping shall be required for each 1, 000 square feet or fraction thereof of gross building area over 10, 000 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 1 unit of landscaping shall be required for each 1, 500 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. overstory 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 shrubbery. 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 . E. 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 . F. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements 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. Note : The otrickcn language is deleted; the underlined language is inserted. -2- Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . 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 , 1996 . [9MEMO3] -3- II „.” Memo To: Shakopee Planning Commission From: Nicole Bennett,Planner I Meeting Date: January 4, 1996 Re: Proposed Zoning Ordinance Text Amendment: Revision to Landscaping Requirements, Section 11.60, Subdivision 8. Introduction At its meeting on October 17, 1995, the Shakopee City Council directed staff to initiate an amendment to City Code Section 11.60, Subd. 8, to reduce the City's landscaping requirements. At its December 7, 1995, meeting, the Planning Commission moved to continue the public hearing for the text amendment to allow for further review and discussion. Background Prior to the update of the Zoning Ordinance in June 1994, the City's landscaping requirements contained in Section 11.60, Subd. 7, required the following: Section 11.60. SubcL 7. Landscaping Requirements. • A. All plant material used in the required landscaping of Multiple Residential, Business and Industrial Districts shall comply with the following minimum sizes: Major Deciduous 2-1/2"diameter Ornamental 1-1/2"diameter Coniferous 6'in height Major Shrub 5 gallon B. A minimum of one major deciduous tree shall be planted and maintained every 50 feet along public boulevards. The current Zoning Ordinance was adopted on June 7, 1994. Attached as Exhibit A is a copy of City Code Section 11.60, Subd. 8, which contains the current landscaping requirements. To illustrate the current requirements, staff has provided the landscaping calculations for a 75,000 square foot warehouse: Example of current requirements (75,000 square foot facility): First 10,000 square feet (10 x 5 units) 50 units Between 10,000 to 50,000 square feet (40 x 3 units) 120 units Between 50,000 and 75,000 square feet(25 x 1 unit) 25 units Total Landscaping Units Required 195 units One unit of landscaping is equal to one of the following: 2" diameter overstory deciduous tree, 1-1/2" diameter ornamental tree, 6' tall coniferous tree, or a 5 gallon shrub. Please note that not more than 50%of the required landscaping units may be composed of shrubbery: w Discussion Prior to the recent update of the Zoning Ordinance, the City Code required only one major deciduous tree to be planted every 50 feet along the public boulevards. In the case of a 75,000 square foot warehouse, the applicant would have been required to install 22 major deciduous trees assuming all four sides of the building face public boulevards (1,095 total linear feet of frontage divided by a unit every 50 feet equals 22 trees). Under the current regulations, 195 units of landscaping would be required for a 75,000 square foot facility, with a minimum of 100 units of 2" diameter deciduous trees, 1-1/2" diameter ornamental trees, or 6' tall coniferous trees. The City Council directed staff to initiate an amendment to reduce the landscaping requirements because it believes the requirements are excessive. Staff has researched the landscaping requirements of a number of other communities within the metro area, and a brief description of each city's calculation methods have been attached as Exhibit B. Most of these methods are difficult to implement, and some would place staff in a policy making role. Therefore, staff is recommending that the current calculation method be maintained,but with reductions in the number of required landscaping units per square foot. A copy of the draft amendment that staff believes best achieves the intent of the City Council has been attached as Exhibit C. For clarity, sample diagrams illustrating the visual differences between the current and proposed landscaping requirements has been attached as Exhibit D. 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 has been found to be in error,because the current landscaping requirements have been found to be more stringent than was intended by the City Council. Criteria#2 That significant changes in community goals and policies have taken place; Draft Finding 2 The proposed changes are 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 not the result of a conflict with the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of text amendments to Section 11.60, Subdivision 8 of the City Code as proposed by staff. 2. Modify the text amendment proposed by staff and recommend to the City Council the approval of the revised text amendment to Section 11.60, Subdivision 8 of the City Code. 3. Recommend to the City Council that Section 11.60, Subdivision 8 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 approval of the proposed text amendments to Section 11.60, Subdivision 8 of the City Code, and move its approval. i:\commdevlboaa-pc\1996\jano4pc\idsctext.doc EXHIBIT A Subd. 8. Landscaping Requirements. Landscaping shall be required in all multiple- family residential, business 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 right-of-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 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 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 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. overstory 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 shrubbery. 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. _'.v3'�:. ':�S'7.[:!9".SS'eX:7fiR:'nRTI!A°f�rc:.::p H.Y.'l+Ya��.eR :s�.:.tu •:n.;', -.r: n.:.:c. -Tx.:ha^'.S'Fc;urnr: ..acu...Y+4'a.•..ka..t nn.�r�r...-:m.erva.T.. _ w 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. E. 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. F. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements 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. EXHIBIT B OTHER CITIES' LANDSCAPING REQUIREMENTS Burnsville: Within the Highway Commercial and Industrial Zones, Burnsville's code states that at least 25%of the land area "must be sodded and landscaped with approved ground cover, shrubbery, and trees"; and,."at least 50% of the total building perimeter shall be sodded or landscaped with approved ground cover, shrubbery and trees in an area of no less than 4' in width". Neither the required number of trees and/or shrubbery units, nor the height or dimensions of the required landscaping, are provided in the regulations. Champlin: The City of Champlin requires one landscaping unit per 1,000 square feet of structure. Therefore, for a 75,000 square foot warehouse, a minimum of 75 landscaping units would be required. Chaska: The City of Chaska's landscaping requirements are very specific. However, the number of landscaping units is not specified. Chaska's code states that: "In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum number of caliper inches of overstay trees required shall be determined by dividing the total gross square footage of all floors of a building by 320." A table is included in the ordinance which regulates the percentage of trees that must be of a certain caliper. In the case of a 75,000 square foot warehouse, 117'two inch caliper trees would be required. Prior Lake: The City of Prior Lake's requirements are similar to those of Champlin, in that one landscaping unit per 1,000 square feet of structure is required. Therefore, for a 75,000 square foot warehouse, a minimum of 75 landscaping units would be required. Savage: The City of Savage has a City Forester on staff. Their current landscaping criteria are vague, however the City is planning to update their landscaping requirements this winter. Savage currently requires that landscape plans be prepared by a landscape architect or a nursery designer. The amount and type of landscaping required is negotiated between staff and the applicant. Staff recommendations are then forwarded to the Planning Commission, which approves the final landscape plans. EXHIBIT C Draft Amendments to City Code Section 11.60, Subd. 8 NOTE: Added language is in italics, and deleted language has been Erased-eut. Subd. 8. Landscaping Requirements. Landscaping shall be required in all multiple- family residential, business 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% of the lot shall be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of- way or other areas of the lot which are visible from a street. B. A minimum of five three units, as defined below, of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three two units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 and up to 50,000 square feet. An additional one 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 1,500 square feet or fraction thereof of gross building are over 100,000. C. Landscaping materials must meet the following minimum size requirements: 1. overstory 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 shrubbery. 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. E. 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. F. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements 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. 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C. p o w cm ai 4 ; c\7 , Q E. a, o � w o IC' :f ;� 0 G EC) o c r a° p } :i �� rJ D r -, 0 c vl ; C, • a • o 0 0 g �c. -a a e' f; ± C/1 y000 u r C . .1 +� G C.) � 8OOp 7 y G e CC „ o , ' a) a) ti ` C J 0 O y 3 3 A o 1 GO 0 -- 0 e.e:Ca CJO.•eeco .e dcc .• C c M a.• : PP0 E••, � , �' c_ 1 Q 1 1C_ 0 G v 0 0 I 0 C. i C �0 ' U° C 3 N '.0 O O O O Q 0 8T•f {1 ,> ; G 0 a J J 0 ., ., D J J O J : J 0 Dp r. %-4 ‘-I 0 d tri- vs u 0— VI - r. w qs Memo To: Shakopee Planning Commission From: Terrie A. Thurmer,Assistant City Planner ij Meeting Date: December 7, 1995 Re: Proposed Zoning Ordinance Text Amendments: Revision to Landscaping Requirements. Introduction At its meeting on October 17, 1995, the Shakopee City Council directed staff to initiate an amendment to City Code Section 11.60, Subd. 8, to reduce the City's Landscaping Requirements. Attached as Exhibit A is a copy of City Code Section 11.60, Subd. 8, which contains the existing requirements. Background Previous Landscaping Requirements: Prior to the update of the Zoning Ordinance, the City's Landscaping requirements were located in Section 11.60, Performance Standards, and required the following: Subd. 7, Landscaping Requirements. A. All plant material used in the required landscaping of Multiple Residential, Business and Industrial Districts shall comply with the following minimum sizes: Major Deciduous 2-1/2"diameter Ornamental 1-1/2"diameter Coniferous 6'in height Major Shrub 5 gallon B. A minimum of one major deciduous tree shall be planted and maintained every 50 feet along public boulevards. Update of the Zoning Ordinance: The most recent update of the Zoning Ordinance began in March of 1993 with the City Council's appointment of twelve volunteers to the Zoning Ordinance Committee (ZORC). The purpose of this committee was to review the draft prepared by the City's Zoning Consultant, which had been hired earlier that year. ZORC held a series of ten meetings between June 21st and October 12, 1993. On November 9, 1993, ZORC recommended its revised draft to the Planning Commission. During a series of public hearings held between November 9, 1993, and January 13, 1994, the Planning Commission reviewed the draft ordinance and received public testimony. On January 13, 1994, the Planning Commission sent its draft to the City Council for final review and adoption. The current Zoning Ordinance was adopted on June 7, 1994. The update of the Zoning Ordinance included revising the City's landscaping requirements. In reviewing the minutes from the ZORC and Planning Commission meetings, it does not appear that there was much discussion regarding the revision of this portion of the City Code. Current Landscaping Requirements: To illustrate the current requirements (Exhibit A), staff has provided the landscaping calculations for a 75,000 square foot warehouse: 1 r, w First 10,000 square feet (10 x 5 units) 50 units Between 10,000 to 50,000 square feet (40 x 3 units) 120 units Between 50,000 and 75,000 square feet (25 x 1 unit) 25 units Total Landscaping Units Required 195 units One unit of landscaping is equal to one of the following. Please note that not more than 50% of the required landscaping units may be composed of shrubbery: 1. 2"diameter overstory deciduous tree; 3. 6'tall coniferous tree; or a 2. 1-1/2"diameter ornamental tree; 4. 5 gallon shrubbery. Discussion Prior to the recent update of the Zoning Ordinance, the City Code required only one major deciduous tree to be planted every 50 feet along the public boulevards. In the instance discussed above, the applicant would have been required to install only 21 major deciduous trees. (1,056 linear feet of frontage divided by 50 feet is 21.12 trees.) However, with the current regulations, 195 units of landscaping are required, with a minimum of 100 trees required to be either a 2" diameter deciduous tree; a 1-1/2" ornamental tree; or a 6' tall coniferous tree. The City Council directed staff to initiate an amendment to reduce the Landscaping Requirements because it believes the requirements are excessive. Staff has researched the landscaping requirements of a number of other communities within the metro area. Since it is difficult to compare the different types of calculation methods, a brief description of different methods is provided below. Burnsville: The landscaping requirements within the City of Bumsville are very vague. For instance, within the Highway Commercial and Industrial Zones, it states that at least 25% of the land area "must be sodded and landscaped with approved ground cover, shrubbery, and trees'; and, "at least 50% of the total building perimeter shall be sodded or landscaped with approved ground cover, shrubbery and trees in an area of no less than 4'in width': Neither the number of trees and / or shrubbery units required, nor the height or dimensions of the required landscaping are provided in the regulations. Champlin: The landscaping requirements for the City of Champlin are easily understood. This City requires one landscaping unit per 1,000 square feet of structure. Therefore, for a 75,000 square foot warehouse, a minimum of 75 landscaping units would be required. Chaska: The City of Chaska's landscaping requirements are very specific. However, the number of landscaping units is not specified. Instead, it states the following: "In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum number of caliper inches of overstory trees required shall be determined by dividing the total gross square footage of all floors of a building by 320." A table is included in the ordinance which regulates the percentage of trees that must be of a certain 2 caliper. In the case of a 75,000 square foot warehouse, 117 two inch caliper trees would be required. Prior Lake: The landscaping requirements for the City of Prior Lake are easy to understand and to implement. This City's requirements are similar to those of Champlin, in that one landscaping unit per 1,000 square feet of structure is required. Therefore, for a 75,000 square foot warehouse, a minimum of 75 landscaping units would be required. Savage: The City of Savage has a City Forester on staff. Their landscaping criteria are very vague, and the City is planning to update their landscaping requirements this winter. Landscape plans are required to be prepared by a landscape architect or a nursery designer. The amount and type of landscaping required is then negotiated between staff and the applicant. Staff recommendations are then forwarded to the Planning Commission,which approves the final Landscape Plans. Most of these methods are difficult to implement, and would place staff in a policy making role. Therefore, staff recommends that the existing method be maintained, but that the resulting number of required landscaping units be reduced. A copy of the draft amendment that staff believes best achieves the purpose of the City Council has been attached as Exhibit B. 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 has been found to be in error, and the current landscaping requirements are found to be excessive. 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. 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. 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. illaminglboaa-pc119951pc1207 nd.doc 4 EXHIBIT A City of Shakopee Landscaping Requirements City Code Section 11 _ 60 , Subd 8 Subd. 8. Landscaping Requirements. Landscaping shall be required in all multiple-family residential, business 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 right-of- 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 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 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 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. overstory 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 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. E. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements 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. -. :1"r--�-:*4 w •LWP zr.-...-cc.:x^�. -n.v +rr' x .«,.c,.. «.sn., w EXHIBIT B Draft Amendments to City Code Section 11.60, Subd. 8 NOTE: Added language is in italics, and deleted language has been sresced-out. Subd. 8. Landscaping Requirements. Landscaping shall be required in all multiple- family residential, business 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% of the lot shall be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way or other areas of the lot which are visible from a street. B. A minimum of five three units, as defined below, of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three 1.5 units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 and up to 50,000 square feet. An additional .5 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 1 unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building are over 100,000. C. Landscaping materials must meet the following minimum size requirements: 1. overstory deciduous trees 2 inch diameter 2. ornamental trees 1-1/2 inch diameter 3. coniferous trees 6 feet 4. shrubbery 5 gallons D. 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 shrubbery. E. 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. F. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements 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. 5 MEMO TO: Dennis R. Kraft, City Administrator 40 FROM: Bruce Loney, Public Works Director , SUBJECT: Meadows 4th Addition,Lot 1, Block 5 Drainage Easement DATE: January 11, 1996 COUNCIL MEETING DATE: January 16, 1996 INTRODUCTION: This memorandum is to provide analysis, alternatives and recommendation to the drainage easement problem on Lot 1, Block 5, Meadows 4th Addition as per Council directive of the December 16, 1995 Council meeting. BACKGROUND: A drainage easement problem has been identified by Mr. H.R. (Bo) Spurrier representing Ms. Linda Petrill who resides at 527 Mint Circle or Lot 1, Block 5, Meadows 4th Addition. The lot was graded as per the approved grading plan, however, the developer's engineer did not provide a sufficient drainage easement on this lot for the 100 year flood elevation level of 784. This lot is adjacent to the Upper Valley Drainageway (U.V.D.) and the pond in the Meadows. Mr. Spurrier first made an inquiry for additional information on January 28, 1994 to assist a family member in purchasing the residence on Mint Circle. Several letters have been exchanged between Mr. Spurrier and the City to address his concerns. Mr. Spurrier is contending that the City did not act in a timely fashion and the information was received after the property was purchased by his sister-in-law. The developer on this project was Novak-Fleck and the engineer was Pioneer Engineering. The developer's contract has expired for this development, however, the professional engineer must still stand behind the work performed. Once the problem had been identified, the City had placed the burden of correcting the problem on the developer's engineer who has been negotiating with the property owner or their representative. Negotiations resulted in an attached letter dated November 15, 1994 outlining two options to settle this disputes as follows: • Option 1 - a new drainage easement agreement entered into and compensation of money of$2,500.00 is offered. • Option 2 - Regrade lot to raise area to be within existing drainage easement and this elevation would be the 100 year flood elevation of 784.0. Cost of regrading lot to be borne by the developer. Several attempts at reaching an agreement for either option have been attempted by both sides with no success to date. The City Engineer has attempted to facilitate the discussion for a possible resolution. On the attached letter dated December 5, 1995, Pioneer Engineering made another offer which consisted of a combination of money compensation for a new drainage easement and regrading of the lot to provide a flatter yard for use by the homeowner. This offer was in the amount of$2,500.00 and regraded approximately 60 feet of rear yard. This alternative does not require as extensive of regrading work as in Option 2 and thus does not affect the adjacent properties. Staff has reviewed the problems, the options offered, and the alternatives to resolve this problem and the analysis is as follows: HISTORY BACKGROUND: 1. The initial grading of the lot was per the approved grading plan. 2. Initial inquiry by the property owner's representative on the drainage easement was on January 28, 1994 prior to the purchasing of the property from another owner. 3. The regrading of the lot option to within the existing drainage easement is the least desirable option from a City perspective. This option causes considerable regrading of adjacent lots and requires a considerable amount of filling into the pond area. This filling may require draining of the pond in order to complete this work. 4. The two parties do not appear to be making progress towards a settlement, however, both sides have indicated a willingness to find a solution to the problem. 5. Alternatives available to resolve this dispute are: A. Continued Negotiations B. Mediation C. Litigation Negotiation between both parties has been on going and is still an option. The likelihood of an agreement being reached without a facilitator or mediator is small considering the number of months that have gone by, the number of attempts proposed and the distance apart of the property owner and the developer's engineer. However, both parties have recently indicated a willingness to resolve and private negotiation is the best alternative if an agreement can be reached. Mediation is a voluntary program in which both parties agree to have a professional mediator try to facilitate an agreement that is agreed upon by the two parties. In telephone conversations with Pioneer Engineering and Mr. Spurrier, this option is not acceptable to either party. The Bureau of Mediation Services in Hopkins was contacted and per Sue Nelson, the program director, the cost of the mediation service is $250.00 and lasts approximately 2-3 hours. This alternative works well if both parties are willing to compromise and discussed their differences in a setting conducive for a possible settlement. The last option is litigation, in which the City uses the power of eminent domain to acquire the easement area necessary for the operation and maintenance of the U.V.D. and the courts determine the compensation due to the property owner for the easement. It is the City of Shakopee that needs the easement for perpetual drainage rights. Pioneer Engineering has indicated tentatively that they would consider paying all of the City's costs for the condemnation action and would be willing to consider entering into an agreement with the City. This option would determine the cost of the easement area by real estate appraisers and court testimony. A small drainage easement is needed also from the property owners of Lot 2, Block 5, Meadows 4th Addition. The condemnation option requires that the City of Shakopee prove a public purpose in order to exercise the right of eminent domain. The developer's engineer cannot obtain a drainage easement or fill on the property without permission from the property owner. Only the City of Shakopee can acquire property for drainage easement purposes. As of January 11, 1996, no official response has been given by the property owner in regard to Option No. 3 which is a combination of filling and drainage easement acquisition. Staff believes that a negotiated settlement is the best way to resolve this dispute, if possible. Mediation with a professional mediator is the next best solution if both parties volunteer to go that route. This method of dispute resolution is fairly successful when the parties want to compromise. After review of the alternatives with the City Attorney, in order to resolve this issue, staff would recommend continued negotiations between the property owner and Pioneer Engineering for the next 2 to 3 months. During this time period, private negotiations can be on going and the City Attorney can discuss a possible agreement with Pioneer Engineering's attorney for reimbursement of the City's costs for an eminent domain proceedings in obtaining the easements. After that time period, if no private settlement has been reached, the City should consider authorizing eminent domain proceedings and enter into an agreement with Pioneer Engineering for payment for the costs associated with obtaining the easements. ALTERNATIVES: 1. Direct staff to continue to facilitate the negotiations between the Petrill's and Pioneer Engineering for the drainage easement on Lot 1, Block 5, Meadows 4th Addition. 2. Direct staff to notify the property owner and Pioneer Engineering of considering the use mediation services to resolve the dispute. 3. Direct staff to pursue obtaining the drainage easements by eminent domain proceedings on Lots 1 &2, Block 5, Meadows 4th Addition and to pursue the preparation of an agreement with Pioneer Engineering for payment of all eminent domain costs associated with the drainage easements on Lots 1 & 2, Block 5, Meadows 4th Addition and to report back to Council no later than May 1, 1996 if the easements have not been obtained by then. 4. Table for more information. RECOMMENDATION: Staff recommends Alternative No.'s 1, 2, and 3 in which private negotiations can continue with consideration given to mediation services to resolve this issue and to allow staff time to investigate the alternative of eminent domain in obtaining the easements and entering into an agreement with Pioneer Engineering for the payment of those easements. ACTION REQUESTED: 1. Move to direct staff to continue to facilitate the negotiations between the Petrill's and Pioneer Engineering for the drainage easement on Lot 1, Block 5, Meadows 4th Addition. 2. Move to direct staff to notify the property owner and Pioneer Engineering of considering the use mediation services to resolve the dispute. 3. Move to direct staff to pursue obtaining the drainage easements by eminent domain proceedings on Lots 1 & 2, Block 5, Meadows 4th Addition and to pursue the preparation of an agreement with Pioneer Engineering for payment of all eminent domain costs associated with the drainage easements on Lots 1 &2, Block 5, Meadows 4th Addition. BL/pmp LOT PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects * engineering -v- 0/4. November 15, 1994 O 0� A. 06, Ms. Linda Petrill 0019 pcF 527 Mint Circle 47 Shakopee, Minnesota 55379 wA � O RE: Meadows 4th Addition Lot 1, Block 5 Dear Ms. Petrill: I recently received a letter written by Mr. Spurrier on your behalf regarding a drainage easement problem on your lot. We wish to settle this dispute. I would like to clarify the compromise solution we had previously offered to you to correct the problem. We had proposed two (2) different solutions to you: Option 1 A new easement agreement could be prepared, granting a drainage easement on your lot to the existing 784.1 elevation. The area of this additional easement would be approximately 60' X 75'. You would retain title to the land within this easement area, with the city having the right to pond storm water within the easement. A compensation of money in the amount of $2,500.00 would be given for the easement. Option 2 Fill could be placed on your lot to raise the area of the lot outside of the existing drainage easement to an elevation of 784.1 or above. The yard would then be topsoiled and sodded in accordance with the original grading plan requirements of 4 inches of topsoil. You would be responsible for maintenance of the sod. Enclosed is a sketch showing the proposed grades. I must point out that timing to complete this work is critical. Currently there is access to your yard through adjacent undeveloped property. If this access is lost, the cost to correct your problem will increase significantly, which will result in our withdrawing of this offer. Due to the lateness of the season it appears unlikely that sod could be placed this year. We are ready to proceed and solve this problem. Please signify your acceptance of Option 1 or Option 2 by signing this letter. 2422 Enterprise Drive• Mendota Heights, Minnesota 55120•(612)681-1914• Fax 681-9488 625 Highway 10 N.E. • Blaine, Minnesota 55434•(612)783-1880• Fax 783-1883 ` NI I • Ms. Linda Petrill Meadows 4th Addition L1/B5 November 15, 1994 Page 2 If you have any questions or require additional information, please call. Sincerely, PIONEERR ENGINEERING, P.A. Paul J. Cherne, P.E. I accept your offer of (Option 1 or 2). Signed cc: Dennis Kraft, City of Shakopee Dave Nummer, City of Shakopee Karen Marty, City of Shakopee Wayne Fleck, Gold Nugget Development, Inc. a, * *� 2422 Enterprise Drive * 11PIONEER t.ANDSURVIVORS•ctvtt.ttNGINURS Mendota Heights,MN 55120 engineering.. LAND P ANN[Rs•LAt+OSCA/t ARaarnn 612 681.1914 1 ** * Certificate of Survey for: NO VA K .. PLECI( ..< i- SA, OPTION 2 NoRTN zif 1I ?ZZO. /--- .......7.,114, ••••, ...t %...\...... e 7 \ ---. t9 • 7/8 At y \ ‘4..- >� Cel+ `\ �` • �/fj,gd T'" pvirewwj• :,o t° ! 1 409 �► >y 1 c-,- t ''s•s- w ii 445:4? /ler1 \ -' I , 0 fiO ,/ee t3'' I 1 J \ 2 t.... L` �4► r �$ I 0 ifl /9I,9 ` 3y�p� b.i'$70 , L �as`4„. \ _\ N. • \ '->\ �� N Poo..o Denotes existin4 Elevation E EVATI�N r o. Denotes ro d ed Elevation Lowes Floor eva ton 7834 ao o Den o ted PD na ' Utility Easemenf Top of Block Elevation '19 t• g6 I .— Denotes Drain flow rrows Gara a Stab Elevation, ii 0.85 O Denotes monument • a Deno es Of sel flub . Bearin s shown are assumed 5u ject to Easements or Record • LOTI ,BLOcIL5 . THE MEADOWS 4 ADDITION ire°r Ti COUNTY. Mt"EsvrA I hereby certify that this survey,plan or report was pr Bred by me or under my direct supe inion and that I am duly Registered Lend Surveyor under the laws of the State of Minnesota.Dated this_ ay of gp.4.4,o A.O.19 7/ R6✓:i/24111 'Awl6 d!'Nsm,1 �ev: f12Z/s/ Aln,eg.gel. ScUle: J- 4(3 ( f. _ 99 )?./. 2.& R REMT R.CIKI1111 l..S.RF.n.NO.= 1 . * * * 2422 Enterprise Drive * PIONEER uwowlWEYONS•EIVILE71tiINEERS Mendota Heights,MN 55120 *eng*eering.. LAO PLANNERS•LANDJCAPE ARCHITECTS e iv * (6121681.1914 i I Certificate of Survey for: NOVAK • REM % • OPTION 1 NoRp•1 . . : k� h^ ° t��s4s • - 'V1 .—.ter /.... `` . 1 \ %%, " , •44....,- >4._ \ - / - lP• ^7 �8tt�,r, v ,( 44 •j, v;-/e." ,� y a t, ,. =s.., /�,t,�1 l c 'ss 0 p o / a \ z l x° 41 s' 1 I ii 4o r' L, a I 4 1 1Ve.t.A., 8b rr7 1. / ./%, asel e.k n I is dit go., . . .wa,„3 isop I 180‘. /9, 9 / I t 1 \ I b�. 3 '000' • 3 l -....,..1 '''..N .N:\ ......, \ •• \ -1 st. 900.0 Denotes exisfin¢ Elevation E �V4T1� MO. Denotes ro dMed Elevation Lowes Foor evatt_on -183.44 � o Denotes ra na,, • ( Unlit Easement Top of Block Elevation -Ica I- ie —�- Denotes peak). a , Flow Arrows Garae Stab Elevation, -7.10.ss I Denotes monument • o Deno es 4f7'set Nub • Bearings /sown are assumed Su ject to Easements or Record • ' f ,BLOcIL5 ,. THE ME,400W5 4r# ADDITION 'Co r Ti couNry,7 MINNESorA I hereby certify that this survey,plan or report was pre pared by me or under my direct supe kion and that I am duly Registered Land Surveyor 1 under the laws of the State of Minnesota.Dated this__I ay of f).-t-#(49 A.D.19 71 m✓:4/1411 ' "hews au: VI. QO�el(.Elf✓. ScU/e: I?c�1 a 4QIW / Yreif/, ),.(• Zi� R BERT R.SIKICII t..S.RF..n.No.10 'r- PIONEER CMI Engineers • Land Planners •Land Surveyors • Landscape Architects engineering C/4. o,. November 16, 1994 "0k 3 04,O�vr-O �oe® 0198 A Mr. Jeffery Wuollet 540 Mint Circle 4e Shakopee, Minnesota 55379 O RE: Meadows 4th Addition Lot 2,-Block 5 Dear Mr. Wuollet: As you may be aware, we are working with your neighbor Linda Petrill at 527 Mint Circle, on a drainage easement problem. There is similar problems on the easterly corner of your lot. A triangle portion of your lot (see attached lot certificate) lies below the flood elevation of the adjacent storm sewer pond. We wish to solve this problem. We would like to offer a compromise solution, with one (1) of two (2) options: Option 1 A new easement agreement could be prepared, granting a drainage easement on your lot to the existing 784.1 elevation. The area of this additional easement would be approximately 60' X 75'. You would retain title to the land within this easement area with the city having the right to pond storm water within the easement. A compensation of money in the amount of $200.00 would be given for the easement. Option 2 Fill could be placed on your lot to raise the area of the lot outside of the existing drainage easement to an elevation of 784.1 or above. The yard would then be topsoiled and sodded in accordance with the original grading plan requirements of 4 inches of topsoil. Enclosed is a sketch showing the proposed grades. I must point out that timing to complete this work is critical. Currently there is access to your yard through adjacent undeveloped property. If this access is lost, the cost to correct your problem will increase significantly, which will result in our withdrawing of this offer. Due to the lateness of the season it appears unlikely that sod could be placed this year. We are ready to proceed and solve this problem. Please signify your acceptance of Option 1 or Option 2 by signing this letter, and repair any inplace improvements damaged by the work. 2422 Enterprise Drive• Mendota Heights, Minnesota 55120•(612)681-1914• Fax 681-9488 625 Highway 10 N.E. • Blaine, Minnesota 55434•(612)783-1880• Fax 783-1883 a J` Mr. Jeffery Wuollet Meadows 4th Addition November 16, 1994 Page 2 If you have any questions or require additional information, please call. Sincerely, PIONEER ENGINEERIING,G, P.A. Paul J. Cherne, P.E. I accept your offer of (Option 1 or 2). Signed cc: Dennis Kraft, City of Shakopee Dave Number, City of Shakopee Karen Marty, City of Shakopee Wayne Fleck, Gold Nugget Development, Inc. soak * * ** • 2422 Enterprise Drive * PIONEER LAND stnweyota•CIVIL o+ott s Mendota Heights,MN 55120 engineering.. LAND n.ANNats•t-AN0SCAPt srraa*tCTs . ** Certificate of Survey for: WO r AK - FLECk.' • . V ai - OPTION 2 NoRrN 09' a�tli/Pj nisi .t./A0 1 . t,44; Q 0 '\ -.4 it s , off ,„4 w �. '\s�'� X90 g 'F �� , �x � r . . ,.r,14 i •` .1r, ,,. IP . ` 14.Z \ 10 4,, \ S 4�yt1' •: 4� 4 _ 0J \ t bP♦ ) tsQ i �\ .!.P 0'a•' °10% \ 2/7 z----- \ 11:1141 ys4 0 \ ZIS erg) ��+% .v / est c 4r `di, 784 759.x. N • � d 4/ "I — 1 " - Z,Z- 15.G4 1°�' NB9'44'10",E . 000.0 Denotes existip4 Elevation E E LEVATIQN 0.o notes proedged Elevation LowesFloor eva /on 783.7(0 �n De -- --Denotes p na, ' ( Utilif Easement lap of Block Elevation 791.46 ' --+•-- Denotes Drain. ' Flow Arrows Gara a Slob Elevation 791.13 o Denotes monument • 0 Deno es Offief Nub Bearin s shown are assumed Subject to Easements or Record • .LOT 2 BL OC'I? 5 7 THE M Ei400 WS 4 TN ADDITION tre0 r rl c0UNTY,MINNESOTA I hereby certify that this survey,plan or report was prepared byv or under my direct supervision and that I am duly Registered land Surveyor 1 under the laws of the State of Minnesota.Dated this 3/SI day of w-�- A.D.19 91 Rev'. "l/'/91 P. ' T, eat) !/ (2 ScUle: 1- -a 4Qi k Q012 . . 4.44.2s .SIKI(11 1 .s.nmn. Irl. IAa91 +^ « A r >oval... c ./ 1 • * 2422 rise Drive PIONEER LAND SURVEYORS•CIVIL DIGINEERS is Heights. MN 55120 i engineering.. eering.. LAND PLANNERS•LANOICA/E ARCHITECTS , * (6121681-1914 Certificate of Survey for: NOVA - FLECI( , . 41-1 V OPTION 1 NoRTFI 09 411/7 16q Iti‘4\\O tproi4' a? ' 3,,,„ .,,,,, , t' .4. , \ - o s�.s P3s., 4 k/s - ,,r, . 6 , <P4 ,3 . �,�.t 1P � -03----.'• 184'2 1 .. \ S 411ytit1.b v., •� j/ �y \/ 4- ° I/ /41new e0.s6w.e:w4.A'N\ �` �� 191•os\ \ %, `�4. tom° V 7---. \ Its„L _i. /SO \ /*A anD 1 I6' \ 410/ .1/\ 784 ` 769•11NN / IP e Z r z - Igt lit"' N89 4`4 0" E . 000.0 Denotes exisfin4 Elevation E E LEVATIQN o. Denotes ro died Elevation Lowe; Floor ' eva ion 733.7(4 11 - -. otes I ra na. - Utility Easement Top of Block Elevation 79/•46 ' ---..- Denof es DrQin• ' Flow Arrows Gara a Slab Elevation 791.13 o Denotes monument O Deno es O'flel flub eearinas shown are assumed Subject to Easements or Record • *LOT BL OCI? 5 ., THE MEAPOWS Ori A 00117CM Cco 1-Ti COUNTY,MINNESOTA I hereby certify that this survey,plan or report was prepared by or under my direct supervision and that I am duly Registered Land Surveyor under the laws of the State of Minnesota.Dated this 3/s/ day of �•-' - A.O.19 9� lee,/: I�0/ ' ' r. F/ , .�1 - �' .. SCU/gyp: jich2 4Q ee , / 1 ofF. 1 R.SIKICI I I .5.nr . in.141191 . tioni.t7 M 'A PIONEER CMI Engineers • Land Planners•Land Surveyors • Landscape Architects engineering December 6, 1995 Ms.Linda Petrill FG' yq�o 527 Mint Circle A �' r2 4996- F, o e MN 55379 Shale RE:Meadows 4th Addition Lot 1,Block 5 Dear Ms.Petrill: I recently received a letter written by Mr. Spurrier on your behalf regarding a drainage easement problem on your lot. We wish to settle this dispute. I would like to offer a revised solution to correct the problem. OPTION 3 A new easement agreement would be prepared granting a drainage easement approximately 40 feet behind your home. Fill would be placed on your lot to raise grades on your lot to match the new easement. Grading work would conform to requirements of the original grading plan and our letter dated September 25, 1995. A compensation of money in the amount of S2,500.00 would be given for the easement. Enclosed is a.sketch showing the proposed grades. Due to the lateness of the season it appears unlikely that sod could be placed this year. We are ready to proceed and solve this problem. Please signify your acceptance of Option 3 by signing this letter. I accept your offer of (Option 3) Signed If you have any questions or require additional information,please call. Sincerely, PIOA]EER ENGINEERING,P.A. • Paul J. Cheyne,P.E. II-PJC/rmcS Enclosure cc:Dennis Kraft,City of Shakopee,Bruce Loney, City of Shakopee,Karen Marty,City of Shakopee Wayne Fleck,Gold Nugget Development,Inc. PetrIll.dec95 2422 Enterprise Drive• Mendota Heights, Minnesota 55120•(612)681-1914• Fax 681-9488 625 Highway 10 N.E. • Blaine, Minnesota 55434•(612)783-1880• Fax 783-1883 PIONEER CMI Engineers • Land Planners •Land Surveyors • Landscape Architects * engineering December 6, 1995 Mr.Jeffery Wuollet 540 Mint Circle Shakopee,MN 55379 RE:Meadows 4th Addition Lot 2,Block 5 Dear Mr. Wuollet: As you may be aware,we are working with your neighbor Linda Petrill at 527 Mint Circle,on a drainage easement problem. There is similar problems on the easterly corner of your lot. A triangle portion of your lot(see attached lot certificate)lies below the flood elevation of the adjacent storm sewer pond. We wish to solve this problem. We would like to offer the following compromise solution. OPTION 1 A new easement agreement would be prepared,granting a drainage easement on your lot to the existing 784.1 elevation. The area of this additional easement would be approximately 60'x 75'. You would retain thle to the land nithin this easement area,with the City having the right to pond storm water within the easement. A compensation of money in the amount of$200.00 would be given for the easement. Enclosed is a sketch showing the proposed easement. We are ready to proceed and solve this problem. Please signify your acceptance by signing this letter. • I accept your offer herein(Option 1) Signed If you have any questions or require additional information,please contact our office at 783-1880. Sincerely, PIONEER ENGINEERING,P.A. A„,,i,Q r ., Paul J. Cheyne,P.E. erIeffiffdli Enclosures cc:Dennis Kraft,City of Shakopee,Bruce Loney,City of Shakopee,Karen Marty,City of Shakopee Wayne Fleck,Gold Nugget Development,Inc. Wuoliat.dec95 2422 Enterprise Drive•Mendota Heights, Minnesota 55120•(612)681-1914• Fax 681-9488 625 Highway 10 N.E. • Blaine,Minnesota 55434•(612)783-1880• Fax 783-1883 Map- * 4 2422 Enterprise Drive * PIONEER LAND SURVEYORS•CIVIL ENGINEERS Mendota Heights,MN 55120 i *eng*eering LANG PLANNERS•LANDSCAPE ARCHITECTS ! (612) 681 1914 ** * Certificate of Survey for: NO r AK - PLECI( <>- (VOPTION 1 NoRTN . ‘ ) , , 7 celt. ,it -AA ii . `� '� QOM ,17 q,Dt� _ \ D • is 0• i--s, V f90 P 'F A') -- 0, , t 4.)s , 4, ........, ,......6 mac. '4.t3 �11r1 �?- - 4€4.1 �\ i 19 ,� 4 \ S. ib'y$ ° ..�, : •: +,/ 0J \ Ss 0 • /°' ° //� �-' o new ea9ew.aw� I\ \�. , 191.0( , a V - 7----- \ IV Ill. ' /•PA°.4 N A' \ ea) or IP c '�`/ .l 18 , NN ,..' •1\ei, ---- I . \---G —_ 7 141: 1.-- a: 4.5.G4-I -- N89 44�o"E t Poo.o Denotes exisfin¢ Elevation E E LEVATION 0.0 Denotespropd&ed Elevation Lowes Foor eva ton 733.70 -- -- otes Drama, ' ( Utility Easement Top of 81ock Elevation 79/.4-6 ' --+- Denotes Drain. ,b ' flow rows Gara a Slab Lievation 7t1.13 o L)enofes monumenf o Deno es Offlef flub Bearin s shown are assumed Su ject to Easements or Record LOT 2 ,Bt0Ck 5_ , THE MEADOWS 4rN AODITIOM Cco T T co0Nry„MINNesor I hereby certify that this survey,plan or report was prepared by or under my direct supervision and that I am duly Registered Land Surveyor under the laws of the State of Minnesota.Dated this 2/S/ day of r--�- A.D.19 9 i _ Rev: 1/yl9i PAF/N d v r�� P nch. 4Q ae IS&y/e : �� 4.1.7_44. 1..).4_44______ F- t R.SIKICII I..S. nr'n . 14891 114 ** *'t 2422 Enterprise Drive * PIONEER LAND SURVEYORS•CIVIL ENGINEERS Mendota Heights.MN 55120 •. LAND PLANNERS•LANDSCAPE ARCHITECTS , *.engineering 41 (612) 681-1914 ( * Certificate of Survey for: NO 1r A K - FL ECI -< '.. VI dp'�••s4. 5 #' NORTH Cf "�'� a -„ O v v / N...- -...., -..... N... -0-4 , 11 , —73-1--6..7 . \ ~ \�\ , >0. ' 278 183.43 \ \ \0-,+,-� �y �. c.8 +sem - \ i , dir', 4� ty* h zs�� /1�t. 1 • le 1 . 12)o 'I� � SO i 4 I, a, e • x i i o 9°. �j a--.9 -10,* /9, • '. ', 1 bb.0 / I nl / /sa ;4.° 111* °�'as•e \\ N N ,� N N,. 1S1• . soo.o Denotes existin4 Elevaf ion E F\ VATI N I0-00.P enotes ro ded Elevation /owes Foor eva ion 183.440 _____Denotes Dra Drama, ' ( Uti * Easement Top of Block Elevation 1q x. 16 —.-- Denotes Drain• a - flow Arrows Cara a Slob Elevation -ii°•83 0 Denotes monumenf • o Deno es Ofsef Nub Bearineks shown are assumed Su l ecf to Easements or Record s . LOTI IBLOCI? 5 - THE ME/-JOOWS 47Y ADDITION ce0 r rI CovNTY'MINNESOTA I hereby certify that this survey,plan or report was pr ared by me or under my direct super ision and that I am duly Registered Land Surveyor under the laws of the State of Minnesota.Datedte� this__(,i May of t.0-.4• 7 A.D.19Ti , %✓:1/24 11 *use AL•ws� at,,,: VI z 0/ ,b ' t, .E/*✓. Scale: Ji' 4Q « YCitif QQ .Z,. Z 0 R RFRT R.SIKICII t.S.IWO.NO. 1411 ,, ti 1+. YY B 44• c-16 Memo To: Dennis Kraft,City Administrator From: Nicole Bennett,Planner I Meeting Date: January 16, 1996 Re: Appeal of the Decision of the Board of Adjustment and Appeals (BOAA) Regarding the Start and End Dates of Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 for Fischer Aggregates,Inc. Background The Board of Adjustment and Appeals(BOAA) approved amendments to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 at its September 7, 1995, meeting, including an extension of the number of years for the mining operation from 17 to 20 years. On September 18, 1995,Beverly Koehnen submitted an appeal of the BOAA decision. At its October 17, 1995, meeting, the City Council modified the amendment approved by the BOAA by reducing the 20 year time frame to 17 years. The staff memo for October 18, 1995, has been attached as Exhibit A. After approval of this action,the City Council discovered that the start and end dates for the 17-year time frame had not been specifically determined. Meeting minutes for the October 17, 1995, meeting of the City Council have been attached as Exhibit B. Therefore, at its November 21, 1995, meeting, the City Council made a motion to remand the time frame issue back to the BOAA for clarification as to specific start and end dates for the mining operation. Meeting minutes for the November 21, 1995, meeting of the City Council have been attached as Exhibit C. At its January 4, 1996, meeting, the Board of Adjustment and Appeals determined that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years, beginning on January 16, 1996, and terminating on January 16, 2013. The staff memo from the January 4, 1996, meeting of the BOAA has been attached for your reference. Action Requested Direct staff to prepare the appropriate Appeal Resolution incorporating the City Council's Decision on the start and end dates for Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 for Fischer Aggregates,Inc. EXHIBIT A CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A.Thurmer,Assistant City Planner Date: October 18, 1995 Re: Appeal of the 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, and to Approve the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, for Fischer Aggregates, Inc. Introduction At the 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. Discussion At the October 17, 1995, meeting, the City Council performed the following actions: 1. It upheld 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: a) To expand the operation to include the 5 acre Rutt Farmstead; b) To relocate the natural gas pipeline on the site; c) To relocate the central processing area; d) To increase the final development grades from an elevation of between 800 to 810 feet to an elevation of between 774 and 814 feet; e) To change the operation from three to five phases; and f) To increase the cubic yards of materials mined from 1,640,000 to 3,750,000 cubic yards. 2. It modified an amendment to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 reducing the 20 year time frame to allow the mine to operate which was approved by the Board of Adjustment and Appeals, to 17 years. 3. It reversed 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. 4. It upheld 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. After the approval of the actions above, the City Council discovered that they had made an error in making the motion to revise one of the amendments (No. 3 listed above), by stating that the 17 year time frame for the operation of the mine would begin in 1995. The intent of the original Conditional Use Permit was to have the time frame begin from the date of the approval of the original permit on April 5, 1988, and the City Council did not intend to prolong the mining of the site for another 17 years. Staff has revised Appeal Resolution No. CC-713 to reflect this change, as well as the revisions made to the resolution provided in the October 17, 1995,Agenda Packet. Alternatives 1. Approve Appeal Resolution No. CC-713. 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. 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:\planning\cc\19951cc1107\amendfis.doc 2 7 . ,. / EXHIBIT B • Official Proceedings of the October 17, 1995 Shakopee City Council Page -3- Mr. Birkeland discussed various shopping centers Centres Group has developed and stated he would make financial information available to the City Council which shows Centres Group is capable of a project such as this. He provided a map showing the site plan and building layout of the project. Ron Krank, Architect, approached the podium and reviewed the site plan, listing criteria given by the client. The client wanted the property well laid out, both parcels tied together, Vierling Drive to tie into the signalized intersection, the parking lot reworked to minimize large expenses, and the design concept would be used on the adjacent property as it might be upgraded in the future. The design plan included large format retailers, a two-story hotel with a separate restaurant, a fast food restaurant, and sidewalk connections to the existing site from the housing development nearby. Two large ponds would be used as an overview to the property and monument signs would be used to identify retailers. Mr. Birkeland stated he would like to begin the project by the end of 1996 with a delivery date on the project in 1997. A preliminary letter of understanding has been developed and he would like to bring that to Council for review. There was some discussion as to the economic benefits and Mr. Birkeland stated he would provide a break down between the number of full time and part time jobs this would create. Sweeney/Brekke moved to direct staff to work with the developer on the formulation of a letter of agreement for the development of the property adjacent to Shakopee Town Square for Council consideration. After discussion it was agreed to include protection clauses to include a sunset provision and that the land not be held for speculative purposes. Motion carried unanimously. Paul Bilotta explained the Board of Adjustment and Appeals decision to approve the renewal of the Conditional Use Permit and eight Amendments for Fischer Aggregates is being appealed by Beverly Koehnen. Beverly Koehnen, 2036 Canterbury Road, approached the podium and stated permit violations have gone unrecognized and unenforced. Her complaints are related to the hours of operation and the mining depths. Dave Czaja approached the podium and expressed concern for the protection of ground water resources. He stated the ground water table in this area can vary substantially depending upon the drawdown of Shiely mining operations and the present pump rate of 2.5 billion gallons a year. Official Proceedings of the October 17, 1995 • Shakopee City Council Page -4- Ms. Koehnen discussed the soil textures and requested that ""loam"" texture soils be required in the berm for reclamation. Terrie Thurmer, Assistant City Planner, stated that prior to Fischer's ownership there was a depth violation but it did not involve the water table. Liza Robson, an owner of Fischer Aggregates, approached the podium and explained that Fischer has had ownership since August 1993. The land is owned by a 3-partnership entity and only one of the original owners has changed. There is a purchase agreement for the Rutt property, which is contingent upon getting approval to expand the Conditional Use Permit. Regarding the early hours of operation, she stated this was done without her approval and knowledge. The personnel involved have been reprimanded. There are computer tickets which show the operations beginning at 8:03 a.m. in relation to another complaint. Regarding the reclamation process, she stated they have never contaminated the soil. Kirsten Rojina, Registered Civil Engineer, Sunde Engineering, approached the podium. She spoke regarding an Environmental Assessment Worksheet, explaining the City felt a need for an update and selected Orr-Schelen-Mayeron for this in June 1994. A negative declaration was made in January 1995. She did not feel the ground water information from the Environmental Assessment Worksheet was in conflict. In relation to the elevation of 746.7 feet stated by the Metropolitan Waste Commission, Fischer has been using 750 to 760 feet for the water table which is higher than the Metropolitan Waste Control Commission (MWCC) elevation. Regarding the topsoil, Fischer is not proposing any type of soil amendment. They are respreading existing soil to establish vegetation once the mining is completed. Regarding excavation to the ground water table, she stated the previous owners had gone deeper than authorized by the Conditional Use Permit and explained that any water present in the pit at the time of testing was likely surface water as they did not dig deep enough to encounter ground water. Ken Rutt, 8C 1 Box 51, Boy River, owner of the 5 acre parcel involved for expansion, approached the podium and stated the D.N.R. has checked the water and reported it to be good. He explained that selling his property has been a long process but Fischer has a good end-usage plan. Shirley Rutt approached the podium and stated a lot of work has gone into the investigation and would like the Board of Adjustment and Appeals recommendation followed. „ w • 411 • Official Proceedings of the October 17, 1995 Shakopee City Council Page -5- Diane Greenwood, 1485 Tyrone Dr., approached the podium and spoke in 'support of Ms. Koehnen, stating the neighborhood has not been informed of changes throughout this process. She also expressed concern for the water table in relation to their well. Paul Bilotta explained the notification process, noting there is no formal notification for the appeal process. Merlin Jeseritz, 1446 Sharon Parkway, approached the podium and asked Fischer Aggregates to purchase his property. Ms. Koehnen requested Fischer's renewalpermit be denied with no extension of hours. She eq questioned the water in the pond as to whether it is surface water. In response to the question of the surface water, Ms. Rowina stated the D.N.R. Water Appropriations Permit allows Fischer to pump up to 1000 gallons of water per minute for washing purposes. Karen Marty stated the appeal must be related to specific amendments and any decision must be related to those issues. SweeneylBrekke moved to deny the amendment to the Fischer Aggregates' CUP to expand the hours of operation from 8:00 a.m. to 5:00 p.m., Monday through Friday, to 7:00 a.m. to 5:00 p.m., Monday through Friday because it is based on economic grounds and in the past this was not something that met the criteria for granting an adjustment. Cncl.Sweeney stated that changing the hours affects the neighborhood. He explained that this use is not a permitted use under the current zoning ordinance but that it is grandfathered in. Karen Marty explained the criteria for a variance is different than for a Conditional Use Permit Amendment. Motion carried with Mayor Laurent dissenting. There was some discussion regarding an extension in the number of years for the mining operation from 17 to 20 years. John Voss, Planning Consultant, approached the podium and stated the year 2015 is the outside time frame that would be needed. He feels the mining will be completed prior to that and 15 years would be acceptable. / ,.w Official Proceedings of the October 17, 1995 Shakopee City Council Page -6- Brekke/Lynch moved to reduce the number of years for the mining operation ranted bythe Board of Adjustment and Appeals, g from 20 to 17 years from October r 17, 1995, because the applicant has suggested that they don't need the extra three years. Motion carried unanimously. Beard/Sweeney offered Appeal Resolution No. CC-713, A Resolution Upholding the 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, and Approving the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, as amended, and moved its adoption. Motion carried with Cncl. Lynch dissenting. A recess was taken at 9:40 P.M. The meeting re-convened at 9:55 P.M. Mayor Laurent stated that Council may have inadvertently added time to the original Conditional Use Permit in the previous motion by stating the date from tonight. He said that Council may wish to reconsider the previous action for Fischer Aggregates and have staff check the dates and find out what the Board of Adjustments and Appeals actually did. Sweeney/Brekke moved to re-consider the previous motion. Motion carried with Cncl.Beard opposed. Sweeney/Beard moved to direct staff to investigate the action of the Board of Adjustment and Appeals relating to Fisher Aggregates. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4320, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat For Canterbury Pointe, and moved its adoption. (Motion carried under Consent Business). Beard/Sweeney offered Ordinance No. 429, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 11, Zoning, Sec. 11.44, Light Industry Zone (I-1), Subd. 3, Conditional Uses; Sec. 11.46, Heavy Industry Zone (I-2), Subd. 3, Conditional Uses; and by Amending Sec. 11.88, Conditional Use Permit Standards For Industry Zones, Subd. 2, Specific Standards For Industry Zones; by Adding One New Paragraph to Each Subdivision, and moved its adoption. (Motion carried under Consent Business). Beard/Sweeney offered Ordinance No. 428, 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 Prairie Bend From Urban Residential Zone (R-1B) And Multiple-Family Residential w w • {i EXHIBIT C Official Proceedings of the November 21, 1995 Shakopee City Council Page -7- Beverly Koehnen, 2036, County Road 83, approached the podium and stated if the proposed Resolution (CC-713) is approved it would extend the Fischer's mining operation to October 7, 2012. It is slated to end in 2005. Referring to the original Conditional Use Permit No. 376, she requested staying with the 17 years as laid out in condition 19 of the permit. Paul Bilotta stated in relation to the number of years of operation, the Board of Adjustment and Appeals was polled as to what each member's recollection was as to what date they had intended to extend the operation and the result was a split vote. All the assumptions of the Environmental Assessment Worksheet at that time anticipated an extension of the time to 2012, Fischer has been operating under that assumption. It may not be possible to mine what is expected within a shorter time frame. A discussion ensued relating to the sequence of events leading up to this point in time. Cncl. Lynch stated she did not believe the appropriate process for a Conditional Use Permit time extension was followed. Jerry Duffy, Fischer Aggregates, approached the podium and stated the Environmental Assessment Worksheet (EAW) is not designed to set standards for the City. The EAW process looks at the maximum that we could do and the environmental impact of it. He stated the application and information provided was clear as to Fischer's intent for the increased area of operations. He stated the period of time requested allows enough time to complete the project and Fischer is willing to accept the Council's decision as to what the time frame ought to be in order to get on with their business. A discussion ensued relating to the unclear interpretation of the Board of Adjustment and Appeals,.and what others would be required or allowed to do. Karen Marty stated the Council may modify the conditions of the Planning Commission or create new conditions addressing the same issues. There is nothing to prevent the City Council from making adjustments to the Planning Commission's action. The Council may also rule the Planning Commission erred in not specifying a start date. BrekkelLynch, in light of the error in no start date being identified, moved to remand the Fischer Aggregates request to extend the time of their CUP to the Board of Adjustment and Appeals for clarification as to a start date. Paul Bilotta requested remanding this issue back to the Board of Adjustment and Appeals because they initially ruled on this, and asked for an understanding of the type of notice to be given. There was a consensus of the City Council that a public hearing be held on amending the original conditional use permit to extend the time for the mining operation and that the customary notification be given. ww r ! Official Proceedings of the November 21, 1995 Shakopee City Council Page -8- Jane DuBois, 1305 6th Avenue, approached the podium and stated that when this issue (clarification of the start date for the time extension of the CUP) was brought to the Board of Adjustment and Appeals it appeared to require a legal opinion. She stated that the Board did not discuss the amendment to the time issue when they considered the renewal of the CUP. Mayor Laurent stated because a time frame was not discussed, there must be a process to determine whether to extend the time on the operation, which may require a full public hearing. The Board will deal solely with the time element. Motion carried unanimously. A recess was taken at 9:14 P.M. The meeting re-convened at 9:29 P.M. Lynch/Sweeney moved to 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 (CC Document#232). Motion carried unanimously. Sweeney/Beard moved 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. (Motion carried under Consent Business). Sweeney/Beard moved to approve Bills in the Amount of$2,094,017.33. (Motion carried under Consent Business). Sweeney/Beard moved to authorize the appropriate City officials to execute the surveying services proposed for Maras Street at a cost not-to-exceed $1,400.00. (Motion carried under Consent Business). Bruce Loney stated John Boegeman is requesting reimbursement from the City on extra costs incurred due to connecting to City utilities sooner than anticipated because of a disturbed drainfield in the City's right-of-way. In accordance with City Code, if substantial damages occur the property owner is required to connect to City sewer and water lines if available. Mr. Loney explained the chain of events surrounding Mr. Boegeman hooking up to the City utilities. John Boegeman, 311 East Sand Street, approached the podium and stated U.S. West had reimbursed him $450.00 for damages. He explained the City contractor had disconnected a line, making the drainfield useless. He is requesting reimbursement of lost interest from expenditures in connecting to City sewer and water which is estimated at $4,000.00 and for City sewer and water bills for three years. He stated he felt he had no choice but to connect to City sewer and water due to the time of year and the denial of a permit to U.S. West to correct the problem. Memo To: Shakopee Board of Adjustment and Appeals From: Nicole Bennett,Planner I Meeting Date: January 4, 1996 Re: Interpretation of Time Frame Regarding Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 for Fischer Aggregates, Inc. Introduction and Background At its September 7, 1995, meeting, the Shakopee Board of Adjustment and Appeals approved amendments to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, including the following: to extend the number of years for the mining operation from 17 years to 20 years. On September 18, 1995, Beverly Koehnen submitted an appeal regarding the decision of the Board of Adjustment and Appeals. At its October 17, 1995, meeting, the City Council modified the amendment to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, which was approved by the Board of Adjustment and Appeals, by reducing the 20 year time frame to 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 time frame; specifically, what date should be used as a starting point for the 17-year time frame. The City Council directed staff to research the issue and specify a start 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. 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, it was the applicants understanding that the 17-year time frame would begin in 1995 with the approval of amendments to the CUP, which would allow the mine to operate until October of 2012. Assumptions made in the Environmental Assessment Worksheet anticipated a time frame of 2012. The EAW was approved by the City on January 3, 1995. At its November 9, 1995, meeting, the Board of Adjustment and Appeals was polled as to what each member's recollection was regarding the intended start date for the term of operation and the result was an indeterminate split vote. At its November 21, 1995, meeting, the City Council made a motion to remand the issue to the Board of Adjustment and Appeals for clarification as to a start date. Therefore, staff has brought this issue back to the Board with a full public hearing to deal solely with the determination of a start date for the 17-year time frame of the mining operation. Alternatives 1. Recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years, beginning on January 18, 1996, (the anticipated date of City Council action), and terminating on January 18,2013. 2. Recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years, beginning on October 17, 1995 (the date of the appeal to the City Council), and terminating on October 17,2012. 3. Recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years, beginning on September 7, 1995, (the date the BOAA approved Amendment No. 3), and terminating on September 7, 2012. 4. Recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years, beginning on April 5, 1988 (the date of the original approval), and terminating on April 5, 2005. 5. Recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years,beginning on a date to be determined at the January 4, 1996, meeting of the BOAR 6. Table the decision and request additional information from the applicant and/or staff. Staff Recommendation Given the existing policy direction approved in the EAW process, staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approved the mining operation for 17 years, beginning on January 18, 1996, (the anticipated date of City Council action), and terminating on January 18, 2013, and move its approval. i s\planning\boaa-pc\1996\j anO4pc\fi sctime.doc 9 ID i0"421 ea' 161 6 bo Fi,t124) Jb'7[SCJT-1IEJ? Aggreg gess, In a 1) To expand the operation to include 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; C013 Use Per]zniC . Shakopee • • ENVIRONMENTAL ASSESSMENT WORKSHEET FISHER AGGREGATES, INC. Prepared for • THE CITY OF SHAKOPEE June, 1994 OS0 rr Schelen Mayeron & Associates, Inc. Engineers • Architects • Planners • Surveyors 300 Park Place Center, 5775 Wayzata Blvd. Minneapolis, MN 55416-1228 EXHIBIT B • 1 6. Description Give complete description of the proposed project and ancillary facilities. Emphasise construction and operation methods and features that will cause physical manipulation of the environment or 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, 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 1 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 mint 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 arca from 131 acres to 136 acres. Fischer Aggregates is in the process of acquiring a 5-acre 11 farmstead located adjacent to the southwest corner of their existing property. The additional five acres of land will allow operation to be c nducted snore efficiently. In addition, the amendment requests an extension in the life of the operation. The City of Shakopee in the 1985 Conditional Usc Permit allowed 1 t 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 I will involve creating the central operations/processing area,relocating a natural gas pipeline and the excavation of the Phase 1 areal Fischer LAg,Freptes estimates that 976,000 cubic yards will be mined over the next 2 to 3 years. Fie ccnfru operations/processing arca will include the crusher, screening and wash plant, 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 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 1 completed phase will be restored in accordance with the Conditional Usc Permit issued by the City of Shakopee and the ordinances of the City of Shakopee and Scott County. 1 Ji T 1 1 1 1 1 `ism. December 29. 1991 Page - 2 • I The hours of operation for mining and truck hauling in the current Conditional Use Permit arc 7 AM to 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 County Road 83. Table 1 Phase Quantity (cu. yds.) Approximate Length of Time Acres Phase 1 370,000 mined 25 8 years (1985-93) 976,000 to be mined 2 to 3 years (1994- 1997) 0comm.41 JJ Phase 2 1,242,590 26 4 years Phase 3 1,192,590 28 4 years Phase 4 1,455,180 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: Retail: Other Industrial: Warehouse: Institutional: • Light Industrial: Agricultural: Other Commercial (specify): Building Height(s): N/A J j I 1 ` SM. December 29, 1994 Page - 3 • 9. Land Use Describe current and recent past land use and development on the site and on adjacent yl 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. 1 TIle 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 arca 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 U$e Pcrrnil 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 ,l informed the City of Shakopee in a letter on March 29, 1993 of the change in ownership of the site and I 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 arca and the depth of the mining J operations. Figures 4 and 5 show the intended reclamation plan and the end-use plan for the site under the proposed amendmcnt.LThe City of Shakopee is considering the extension of the onditional Usc Permit. Fischer Aggregates continues to operate the mine under the terms of the existing Conditiona sc crmrt. 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 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 arca and a cluster of residences arc 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. 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. Noise and dust from the site operations will be mitigated bythe creation of eight to • g ten feet high topsoil bcnns,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 arca 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 J 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 December 29, 1994 Page - 5 .71 FISCHER A ir I Lpega ees, na, Concliiional Use Permit . Shakopee _A ugusi 1 9 95 am' • • EXHIBIT C is the proposed addition of the approximate 5 acre Rutt farmstead. This amendment now includes 136 acres. General comparisons between the Mcrila (N.B.Z.) conditional use in 1985 and the Fischer site proposal in 1995 are: N.B.Z. 1985 Fischer 1995 Total Area 130.73 Acres 136 Acres Access Road To: Co. Rd. No. 83 Same Location Pipeline To Remain To Be Relocated Rutt Mined Around Site Included in Mining Area Berms 8 ft High Perimeter Berms Same Processing Area To Move with Mining Face Central Processing Area 1 Identified Equipment Crusher, Screen & Wash Same Plant Final Development Grades From Elevation 800-810 From Elevation 774-814 Phases 3 Phases - 17 years 5 Phases - 20 Years Cubic Yards of Material* 1,640,000 Gravel 3,750,000 Gravel * Estimate of net gravel to be removed from site. - G. Environmental Assessment Worksheet (E.A.W.) An 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 Usc Permit Amendment process. An Environmental Assessment Worksheet (E.A.W.) was prepared by Orr, Schelen, 1 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 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 1 during their January 3, 1995 meeting. During the 30 day comment period, comments were received from three agencies, the Minnesota Department of Natural Resources (DNR), the Minnesota Pollution 2 I 1 • 3. Phase Quantities and Schedule: The projected quantity of material to be mined and years for each phase is as illustrated below: 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 Phase V - 850,000 4 years TOTAL 5,000,000* 19 to 20 years * Includes overburden and topsoil. 4. 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 wile 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. 5. 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 illustrated on Exhibit C. At that time, the existing Rutt driveway to County Road No. 83 will be removed/closed. 6. Filing with Scott County: The volume/quantity of material removed from the site is reported to Scott County on a quarterly basis. • 7. Road Salt: Road salt will not be mixed, stored or sold from the site. 12 r y % b Pli°1*A1 &44- /lam 644,0-0y" SHAKOPEE ► 11619 6 m October 16, 1995 Ms. Beverly J. Koehnen 2036 Canterbury Road Shakopee, MN 55379 Dear Ms. Koehnen: This letter is in response to the three complaints regarding the Fischer Aggregates site made to City Hall on Monday, October 16, 1995: 1. Depth of the mine. Fischer Aggregates and City staff acknowledge that the mine is currently deeper than was permitted under Conditional Use Permit Resolution of the City Council No. 376. However, this maximum depth was exceeded prior to the purchase of the mine by Fischer Enterprises, Inc. Since the time of the purchase of the mine in November of 1993, the depth of the mine has not been increased. The approval of Amendment No. 3, which cannot be issued until after the decision is made on the appeal, would permit Fischer Aggregates to mine the site to a maximum elevation of 774 feet. Enforcement regarding the depth of the mine has been on hold pending action on the proposed amendments. 2. No security fencing located around the stockpiles or open water. Condition No. 3 of Conditional Use Permit Resolution of the City Council No. 376 requires, "Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area." There is fencing located along the eastern property line adjacent to CR 83. Therefore, Fischer Aggregates is in compliance with this condition. The approval of Amendment No. 3, which cannot be issued until after the decision is made on the appeal, would also require a 4 foot high fence to be constructed on the top of the berms in the mining areas. 3. Height of the Stockpiles. City staff inspected the site on October 16, 1995, and discovered that two of the stockpiles appear to exceed the 25 foot height limitation specified in Condition No. 14 of Conditional Use Permit Resolution of the City Council No. 376 by between 5 and 10 feet. The applicants have been contacted regarding this issue. COMMUNITY NITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 0 The height of the stockpiles were in compliance with the 25 foot maximum height limitation during their review by the Planning Commission in July of 1993. The approval of Amendment No. 3, which cannot be issued until after the decision is made on the appeal, would permit the stockpiles to be placed deeper into the pit area, and instead of being regulated by height, they would be regulated by Section 11.52, Subd. 14, which states that, `where slopes occur that are steeper than (1) foot vertical to three (3) feet horizontal, for a period of one (1) month or more, all access to such slopes shall be barred by a fence or other barrier at least four (4) feet in height': Neither the two existing stockpiles, nor the stockpiles that would be allowed with the amendment, would be visible from CR 83. If the approval of the amendment is not upheld by the City Council, the stockpiles will be required to conform to the 25 foot maximum height limitation. You also asked when City staff had last been to the mining site. Our records indicate that, prior to today's visit, staff was last at the site on Wednesday, May 10, 1995. As you are aware, the City's Code Enforcement policy is to operate on a complaint basis, and have not received a formal complaint since that time. I would like to take this opportunity to thank you for calling in these complaints. If you have any tions, please feel free to contact me at (612) 445-3650. Si cerely, f-s) " a 14(..tiii)4.m Terrie A. Thurmer Assistant City Planner clerrielbevf1016.doc 2 J'•.J t..'J 0,-1000 0000 ©00 Village of ! ;`: :� j Rosemount, Minnesota 55068 Telephone 612, 432-7105 May 22, 1973 M .. Matt Fischer Fischer Construction Co. County Road 42 Apple Valley, Mn 55063 Dear Sir: We have had several complaints about your Sand & Gravel Company operating after 6:00 p.m. which is in violation of the Apple Valley excavating Ordinance. You are therefore ordered to cease operation after 6:00 p.m. immediately. Any further violation in this matter would be subject to the issuance of a complaint and a possible fine of $300 or 90 days or both. Sincerely, VILLAGE OF APPLE VALLEY John B. Gretz Building Inspector JBG:dh cc: Gene Corrigan Richard Asleson Fred Largen May 24, 1972 Fischer Sand & Aggregate, Inc. County Road 42 Apple Valley, Minnesota 55068 Gentlemen: !/ I have recently been informed by our Planner, Mr. John Voss, that your firm has submitted the initial development plans for consideration of your sand and gravel operation pursuant to Village Ordinances 83 and 84. While the sand and gravel operation on your property is presently oper- ating in violation of the above two ordinances, the Village Council has apparently been willing to let the operation continue inasmuch as you have consistently verbally informed the Village that the necessary documentation required under the ordinances is beteg prepared. Mr. Voss further informs me that he will attempt to schedule oeview of your plan for the first Planning Commission !eettng iduJune (June 7th). The Village staff has recently observed that your hours of operation are not conforming to Section 10.6, Subdivision 5, of Ordinance 83. This Section reads as follows: "The maximum hours of operation in the sand and gravel district shall be 6:00 a.m. to 6:00 p.m. Monday through Saturday unless other permission is specially granted by the Village Council." In addition to the observance by the Village staff, residents in the immediate area have recently called our attention to your late night operations. You must, therefore, comply immediately with the hours of operation as set forth in Ordinance 83,(6:00 a.m. to 6:00 p.m. Monday through Saturday) and if you wish to operate beyond the hours as set forth in the Ordinance, you should file with the Village of Apple Valley a written request to do so which will then be scheduled to be heard before the Village Council. We trust that this will receive your immediate attention. Very truly yours, VILLAGE OF APPLE VALLEY RGA:mm . = • G. Asleson A. Admin. CERTIFIED MAIL RETURN RECEIPT REQUESTED . , . . . • vico4p . . r- A , ,to A- ,. rischer- " r) afri airdA, 1971 ,ti // &4- ljte.4"4., afra, •I/j// ,iti,Le4A.,.d Xee-0" . ietiAA, . 14.:_e3 , , ..ae,L4,4- Lt7("411._ . . .._ ....,,.‘:7*, ,.. - .'-.•. .... - . Wu; ‘,461- ‘ . , • .:.. ."..... . • .'.,/,'... 4 1*-. -. ... .- • • -•. . . ,. * . eefkl.,, ..7.4.... _ . - - f_.. '•`':'"--: -•; : • • - - - - - •. . - , . . - ---' "..-• • .. . • :,.. .. ..•_ . I , • • -Ii.!.:::-7'* drocietsc.44::,:.>‘, ---.•-: ' •• • • . . j4ce•.,ejel . .. .., . . - ;i ,,,_,:z. -70, - ho-e-e-4..... • ON- . • . , ,... -- 1 A.jA.4.44...17 /Zil•er'-`""Ad.""" . __ ,.... / 4 ...40-"-,- / . ol-i-- • 71t4; ' •fAr • ......._ _ , ; • ja -1A/: "--,. - rfifogi • 1 ai • ,....-4- ,44- 4 .111,,,,, 4,.....it /vri fea v3.2.4.-tfev . . • April 12, 1971 Certified Mail Return Receipt Requested Fischer Sand & Aggregate, Inc. County Road 42 Apple Valley, Minn. 55068 Re: Notice of Non-Compliance, Sec. 1.1, Ordinance 84, Excavation Permit Notice of Non-Conforming Zoning Status and Required Performance Standards Gentlemen: Under letter of November 18, 1970, I forwarded to you newly adopted ordinances No. 83 and 84 relating to regulation and control of sand and gravel operations in Apple Valley and suggested an early meeting with our staff to review the status of your current operations and steps necessary to comply with the new regulations. Not having had a response from you, notice is hereby given that you are in violation of Sec. 1.1 of Apple Valley Ordinance No. 84 requiring a permit prior to the excavation and removal of sand and gravel within the Village of Apple Valley. Notice is further given that unless your application for permit together with required fees is received by this office on or before April 26, 1971, steps Mill be taken to initiate proceedings to suspend said operations until such time as the ordinance provisions are complied with. Notice is further given that Ordinance No. 83, amending the zoning ordinance, provides for a temporary sand and gravel district (SG) classification, makes existing sand and gravel operations "non-conforming uses" until such time as the property is zoned "temporary sand and gravel" (SG), and immediately subjects said existing sand and gravel operations to the performance standards contained in Section 10.6 of the ordinance and requires compliance with all of said provisions within six months of the ordinance adoption or March 23, 1971. For your convenience, I am enclosing the permit application form, which itemizes the basic information needed for review. In addition, review the performance standards mentioned above and outline specific actions to be taken to comply. Please submit complete information on each point. Item 1 of the Performance Standards requires submission and approval of an overall development plan. Unless such plan is complete, please furnish information as to when said plan will be completed and submitted. Should you have any question regarding the above, please advise. Yours very truly, VILLAGE OF APPLE VALLEY Curtis E. Olsen CEO:el Village Administrator Encl. 177177-7 MDITROP®LlTAN COURT RSPORTDIRS 1 your yards and you are going subject that to us . You 2 look at some of their dirt piles overflowing onto the 3 sidewalks . I don't think you are putting any strict 4 controls on them now; I don't think you will in the 5 future. 6 7 KR. WELSCH: Yes, Ma'am. 8 MS. LARSON: My name is Terri Larson; I live at 9 13885 Garrett Avenue, and I moved here in 1971, and I 10 have watched Fischer gravel pit move from the southeast 11 of mento the northeast of me. And I can say that Fischer 12 gravel pit has been a bad neighbor. They have been 13 dirty. They have been noisy. They have been pushy. 14 They have been -- they have felt they are above the law. 15 And I don't want to be neighbors with them anymore . I am 16 glad to see them moving out . And I hope Lakeville, all 17 you folks down there can keep them out of your 18 neighborhood, too. 19 20 lit. WELSCH: One of the questions that has come 21 up a couple of times tonight is this -- and again, I will 22 tell you that we will ask the Department of Health for a 23 response. But I encourage you to take a look at the 24 Environmental Impact Statement, particularly the section 25 that deals with dust, because it tries to project where 26 the dust is going to blow. If you look in the 27 Environmental Impact Statement, there are projections 28 that show that the majority of the dust is going. to blow 29 to Apple Valley. I hope you will take a look at the 30 Environmental Impact Statement. 1802 AMERICAN NATIONAL BANK BLDG. 2525 CENTRE VILLAGE 88 SAINT PAUL,MINNESOTA 55101 MINNEAPOUS,MINNESOTA 55415 227-8863 333-7333 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Joint Powers Agreement for 1996 Street Maintenance Work DATE: January 9 ,1996 MEETING DATE: January 16, 1996 INTRODUCTION: Attached is a Joint Powers Agreement(JPA) for 1996 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating work between Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee for Council consideration. BACKGROUND: The City of Burnsville and other south suburban communities have been participating in the above referenced JPA in the past years. The purpose of the agreement is to provide street maintenance materials and service utilizing one common contractor for each service. This arrangement has streamlined the process of contracting for these services and resulted in a lower cost by utilizing the purchasing power of several communities combined needs. In this JPA, the City of Burnsville will coordinate the bid documents by preparing the plans, specifications, bid proposals and advertise for bids for street maintenance services such as street traffic markings, street sweeping, crack sealing and seal coating. The City of Burnsville charges a 2%fee for administering the JPA. The City of Shakopee for 1996 would only be interested in the street traffic markings such as double yellow striping, white solid striping, white skip striping and"STOP AHEAD"traffic markings. The City does traffic markings on the following streets: Street Name From To 4th Ave. Fuller St. Marschall Rd. 10th Ave. T.H. 300 Marschall Rd. Sarazin St. 4th Ave. C.R. 16 Shenandoah Dr. T.H. 101 Canterbury Park Entrance Vierling Dr. C.R. 79 C.R. 16 The lineal footage of striping is approximately 69,000 feet or 215 gallons. Last year's JPA resulted in a bid price of$9.00 per gallon for the work. The City has six "STOP AHEAD" markings on 10th Avenue, which will need restriping. This cost of the symbol marking work from the 1995 JPA bid was $55.00 per gallon. Another advantage of the JPA is that due to the volume of work, the work for each service can be scheduled for the appropriate time. For instance, striping work will be done in early summer in the month of June In the specifications, the City of Shakopee does retain the right to reject participation in the JPA, depending on unit bid price. In reviewing this JPA, staff believes the contract administration fee of 2% is reasonable and the value of work will provide for lower bid prices. The cost of the striping work is estimated to be at $9.00 per gallon or $1,935.00 with a 2% administration fee of$38.70 for a total cost of striping to be $1,973.70. The 1996 Budget has $2,000.00 for paint striping professional services. The City Attorney has reviewed the JPA and has agreed with the document except for Paragraph 6 which requires the City to indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective City under this agreement, and that the Cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee further agree to defend, at their sole cost and expense, any actions or proceedings commended against their respective Cities for the purposes of asserting any claim of whatsoever character arising hereunder City staff has reviewed the clause and feels that the specifications allow each City to decrease or increase the quantity of work even to the point of opting out completely that the risk to the City of Shakopee is very minimal and the cost savings that can be realized, far outweigh this risk. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA for 1996 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville,Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. 2. Do not authorize the JPA. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the JPA for 1996 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. BL/pmp JPA • JOINT POWERS AGREEMENT 1996 TRAFFIC MARKINGS, STREET SWEEPING, CRACK SEALING & SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE ROSEMOUNT, SAVAGE, PRIOR LAKE AND SHAKOPEE AGREEMENT made this day of , 19_ by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing and seal coating services. 2. Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee shall provide to Burnsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee and upon their approval, award the contract pursuant to State Law. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. • Inspecting the contractor's work, measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. • Pay 2% of actual construction cost to City of Burnsville for legal and administrative cost. 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee each of them, indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities, otherwise the agreement will automatically terminate on October 31, 1996. -2- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Mayor DATE: BY: Manager CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAKEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk CITY PRIOR LAKE BY: Mayor DATE: BY: Clerk CITY SHAKOPEE BY: Mayor DATE: BY: Clerk -3- MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker's Employee License - Budd Rutter DATE: January 10, 1996 INTRODUCTION: The City has received an application for an employee license from an applicant desiring to work in a pawnshop licensed in the City of Shakopee. BACKGROUND: Budd Rutter has submitted an application for an employee license to work at Shakopee Check Cashing and Pawn. The Police Department has conducted the customary background investigation on Mr. Rutter. The investigation disclosed nothing to preclude issuing an employee license to Mr. Rutter. (Mr. Rutter was also licensed in 1994, but left his employer thereafter. ) ALTERNATIVES: a] Grant a license b] Deny a license c] Table the application for additional information RECOMMENDATION: Staff recommends alternative "a", grant a license. RECOMMENDED ACTION: Approve the application and grant a pawnbroker's employee license to Budd Rutter at Shakopee Check Cashing and Pawn, 1147 Canterbury Road. h:judy\licenses\pawnbrok.emp MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director s�> SUBJECT: CSAH 16 Sanitary Sewer and Water Services Improvements -Amendment to Consultant Contract Extension Agreement DATE: January 8, 1996 MEETING DATE: January 16, 1996 INTRODUCTION: Attached is a letter and invoice in the amount of $9,243.38 bringing the total design consultant fees to $35,474.95 plus expenses for the County State Aid Highway (CSAH) 16 Sanitary Sewer and Water Services Project No. 1994-11 and 1995-3. This item is for Council authorization to approve the amendment of the Contract Extension Agreement for these projects. BACKGROUND: The City utilizes Orr-Schelen-Mayeron & Assoc., Inc. (OSM) to design the CSAH 16 sanitary sewer and water services prior to the reconstruction of the County road by Scott County. A Contract Extension Agreement was approved for the design of sanitary sewer for a fee not-to-exceed $29,500.00. The initial agreement was for the design of only the sanitary sewer along CSAH 16. Additional design work was necessary to determine the correct sanitary sewer alignment between CSAH 16 and the Upper Valley Drainageway (U.V.D.) This work included surveying of alignment areas and easement descriptions totaling $4,104.97. This realignment of utilities did result in considerable construction cost savings. In addition, watermain service design was approved by Council at a later date and as Project No. 1995-3 in conjunction with Shakopee Public Utilities Commission (SPUC). This design was approved, however, no amount for the design was authorized by Council. The total amount for watermain service design is $1,870.00. The total amount billed for the design of the projects to date is $35,539.61 which includes $240.00 for an MPCA permit and OSM has indicated that this is anticipated to be the final invoice. Staff has reviewed the Contract Extension Agreement and concurs with OSM that the sanitary sewer design work between CSAH 16 and the U.V.D. and the watermain services are additional work and the costs are above and beyond the original project scope that should be paid. Staff would recommend that the Council approve a motion authorizing the Contract Extension Agreement for CSAH 16 sanitary sewer and watermain services, including the additional services as outlined in the attached letter dated December 20, 1995 from OSM, for a fee not-to-exceed $35,474.95 plus miscellaneous expenses. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the amendment to Contract Extension Agreement for CSAH 16 Sanitary Sewer Improvement- Project No. 1994-11 and CSAH 16 Watermain Services -Project No. 1995-3. 2. Deny any amendment to Contract Extension Agreement. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1, as the work done was outside the previous Contract Extension Agreement and the cost of the work is reasonable. ACTION REQUESTED: Authorize the appropriate City officials to execute the amendment to Contract Extension Agreement for CSAR 16 Sanitary Sewer Improvement - Project No. 1994-11 and CSAH 16 Watermain Services -Project No. 1995-3. BL/pmp EXTENSION AMENDMENT TO EXTENSION AGREEMENT This is an amendment to the extension agreement between the City of Shakopee and Orr-Schelen-Mayeron & Associates, Inc., dated September 8, 1995, for improvements to CSAH 16, City of Shakopee project No. 95-03. This amendment provides for additional compensation for services not included in the original extension agreement in the amount of $5,974.95. The revised contract amount is $35,474.95 plus expenses. Refer to the attached letter dated December 20, 1995 for details regarding these additional services. City of Shakopee OSM & Associates, Inc. 2,evi II if'OM City Administrator Project Manager Mayor Vice President City Clerk Date H:\CML\CEE\NM\ETD\010896 AM D • j 4 r .VK Schelen `" Mayeron& December 20, 1995 Associates,Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 612-595-5775 1-80 Mr. Bruce Loney, PE FAX 595 5774-753-5775 Public Works Director Architect Architects City of Shakopee Planners 129 South Holmes Surveyors Shakopee, MN 55379 Re: Amendment to Contract Extension Agreement CSAH 16 Sanitary Sewer Improvements City of Shakopee Project No. 95-03 OSM Project No. 5532.00 Dear Bruce: As we discussed last week, OSM has incurred additional costs beyond the original scope of services for the above-referenced project. The additional fee requested is for survey and watermain design tasks. The original proposal did not include any efforts in these areas. The September 8, 1994 proposal was sent to the attention of Mr. Dave Nummer and accepted by the City on September 20, 1994. I have attached a copy of the original proposal for your review. • It is our opinion that the work completed and the additional fees associated with each task listed below was outside of the scope defined in this proposal. Survey Easement Area: OSM surveyed a proposed alignment for the sanitary sewer line between County Road 16 and the Upper Valley Drainage Ditch on the Stephani/Giles property. This work was done during the first part of October 1994. The total time for this task included: Two Person Survey Crew 14 Hrs @ $92.45/hr = 1,294.30 Principal 1 Hr @ $105.75/hr = 105.75 CADD Technician 1 Hr @ $45.00/hr = 45.00 TOTAL S1,445.05 Survey Easement Area: OSM surveyed a new proposed alignment for the sanitary sewer line between County Road 16 and the Upper Valley Drainage Ditch on the P&R Mini Storage property. During this period, OSM also surveyed critical elevations of existing homes along County Road 16 to determine required service elevations. i.\55 2.00\CIVIL\CORRES112n95.BL Equal Opportunity Employer Mr. Bruce Loney, P.E. Public Works Director City of Shakopee December 20, 1995 Page 2 This work was done during parts of January and February 1995. The total time for this task included: Three Person Survey Crew 16 Hrs @ $118.25/hr = 1,951.13 Principal 1.5 Hrs @ $108.00/hr = 162.00 CADD Technician 3.5 Hrs @ $46.13/hr = 161.46 TOTAL $2,274.59 Easement Descriptions: OSM prepared easement descriptions for the proposed alignment for the sanitary sewer line between County Road 16 and the Upper Valley Drainage Ditch. This work was done during March of 1995. The total time for this task included: Principal 2.5 Hrs @ $108.00/hr = 270.00 CADD Technician 2.5 Hrs @ $46.13/hr = 115.33 TOTAL $385.33 Watermain Design: OSM prepared design documents that included a number of hours that were spent on watermain design aspects of the project. Watermain improvements were not included in the original proposal. Hourly information is not available for this individual task. However, utilizing the bid amount for the watermain portion of the project of $42,747 and a design curve percentage of 6.25%, the estimated fee for watermain design would be $2,672. We would expect that approximately 70% of this amount, or $1,870, would be utilized for the construction documents. The remainder would cover preliminary reports and construction administration under a lump sum contract arrangement. TOTAL $1,870.00 J:\5532.OD\CIVIL\CORKS;22995.BL Mr. Bruce Loney, P.E. Public Works Director City of Shakopee December 20, 1995 Page 3 The total addition to the contract requested for these extra services is $5,974.95. This would provide for a not-to-exceed fee of $35,474.95 plus any direct expenses incurred. The attached invoice for $9,243.38 includes a $240 fee for MPCA permit shown as a miscellaneous expense. The total amount billed of $35,539.51 minus $240 equals $35,299.51 which is less than the proposed not-to-exceed fee of $35,474.95. We do anticipate this being the final invoice for this portion of the contract. We appreciate your consideration of this request. If you have any questions or care to discuss this further, please call me at 595-5699. Sincerely, ORR-S CHELEN-MAYERON ay.d 0 / David D. Mitchell, P.E. Senior Associate Attachment DDM:ce 1:\5532.DO\CIVIL\CORRE51122095.BL MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler SUBJECT: Exemption from Lawful Gambling License - Fox Tailers Snowmobile Club, St. Michael, Minnesota DATE: January 11, 1996 INTRODUCTION AND BACKGROUND: The City has been asked to waive the 30 day reviewal in conjunction with an application from Fox Tailers Snowmobile Club of St. Michael, Minnesota for an exemption from the lawful gambling license. The 30 day review period, afforded municipalities by the Gambling Control Commission, begins the day the application is signed by the City. (This 30 day period gives a municipality an opportunity to advise the Commission if the municipality desires the activity to be prohibited. ) The Fox Tailers Snowmobile Club will be doing spotting and security for the ISOC races at Canterbury Park on the week-end of February 16th. In exchange for these services, a snowmobile has been donated to the Club. The Club desires to sponsor a raffle of the snowmobile which will be held on February 18th at Canterbury Park. The Club is asking that the City waive its 30 day review in order that the Gambling Control Commission may approve their application for exemption from lawful gambling license. The proceeds from this raffle will not be spent within the City's trade area. There is an exception from the Shakopee City Code which requires that 75% of the proceeds from gambling activities be spent within the City's trade area. The exception includes raffles when the tickets will be sold statewide, at a facility with a large regional attraction, or to a set of people not generally found in Shakopee. Since the tickets will be sold during the ISOC races on February 16, 17, and 18 at Canterbury Park, Fox Tailers Snowmobile Club is exempt from this requirement. RECOMMENDED ACTION: Move to waive the 30 day review period for the application for exemption from lawful gambling license by Fox Tailers Snowmobile Club, St. Michael, MN for a raffle at Canterbury Park on February 18, 1996. . � . TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxiand, Finance Director RE: City Bill List DATE: January 12, 1996 Introduction and Background Attached is a print out showing the division budget status for 1995 based on data entered as of 1/11/96. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the attached bill list is the below listed educational reimbursement for employees. Employee Class Cost Gerald Poole Prin/Public Mgt $207.40 Also, not on the bill list but to be paid by electronic transfer is routine debt service payments to Norwest Bank in the amount of $1, 766, 201.25 as provided for in the documents executed when the bonds were issued. Included in the bill list is debt service payments to American Bank in the amount of $227, 682 .50 . Action Requested Move to approve the bills in the amount of $1,299,361.89. w CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 12/31/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 4,371 64,546 93 12 CITY ADMINISTRATOR 224,985 36,058 200,637 89 13 CITY CLERK 126,380 11,699 121,718 96 15 FINANCE 303,730 23,700 287,692 95 16 LEGAL COUNSEL 256,090 31,671 247,517 97 17 PLANNING 471,820 33,939 371,641 79 18 GENERAL GOVERNMENT BUILDINGS 153,650 16,923 134,756 88 31 POLICE 1,523,040 165,541 1,510,549 99 32 FIRE 410,240 52,818 355,917 87 33 INSPECTION-BLDG-PLMBG-HTG 199,140 18,048 186,298 94 41 ENGINEERING 357,100 34,484 333,162 93 42 STREET MAINTENANCE 784,180 73,151 606,363 77 44 SHOP 112,120 22,459 107,346 96 46 PARK MAINTENANCE 292,420 21,962 287,133 98 61 POOL 136,580 937 93,943 69 64 RECREATION 239,580 15,498 227,383 95 91 UNALLOCATED 166,831 1,442 35,878 22 TOTAL GENERAL FUND 5,827,336 564,703 5,172,480 89 17 PLANNING 467,160 25,823 318,577 68 TOTAL TRANSIT 467,160 25,823 318,577 68 19 EDA 119,080 4,811 80,449 68 TOTAL EDA 119,080 4,811 80,449 68 H w 41 • ' a • a 04 04 a 04 a a a a a a a 04 a 01 PI a a 0a H H H H H H H H ?-f H H H ' H HHH H H H H a W ' 0C a 0 z W to U 01 H H N 00 CA O H N 01 N V' H UI U)U) 10 5 co 01 O 0 N N N c0 ao W o 01 w w to co m ao m co co co ao H H H H H H H H CO I. 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VT H 0 N H to CT CM H UH U H W w H H 4-3Z W Z W H H w w � w a Z > E•l 7 w U)aa> 0 x w w 3 4 0 • X 4 X El os 0 co •H 0 Z >4 [`' 04 i E. ii ,H� H %w�' rl a 'p�,+ �wg w OH 4H 4 ON U) H Zi w H 4 to ElH IX E m a a 0 cm 0) Haco4H0C4N DL C7 H H O A H O CCI H Cl) Cl) W V MH d' Cl H N N co at O O O O O O U OHHNNM Cl Cl d' H el d' 1n d' 0 H Cl d' d' d' d' do d' N N N N. CO H 4t 4* = 3L 4t It it ft 4t 4t 3t It 3t 30 - ti U Cz4 rt., 1 0. E ci., Lt. E 1 1 1 1 E E Da,MEMO TO: Dennis Kraft, City Administrat•r FROM: Julie Baumann,Planner I A RE: Initiating the Vacation of Drainage and Utility Easements DATE PREPARED: January 8, 1996 MEETING DATE: January 16, 1996 INTRODUCTION The attached Resolution No. 4377 sets a public hearing date to consider the vacation of a portion of drainage and utility easement measuring 10 feet in width and approximately 95 feet in length. This easement is located on Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Miinnesota. DISCUSSION The City has received a petition for the vacation of a portion of drainage and utility easement measuring 10 feet in width and approximately 95 feet in length, from Bruce D. Reichstadt. This easement is located on Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Minnesota. The attached resolution sets a public hearing for February 20, 1996. 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. 4377, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Portion of Drainage and Utility Easement, and move its adoption. i:\commdev\oc\1996\ccO 116\vacphm7.doc RESOLUTION NO.4377 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility easement measuring 10 feet in width and approximately 95 feet in length and located on Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 20th day of February, 1996, at 7:00 P.M. or thereafter, on the matter of vacating the drainage and utility easement measuring 10 feet in width and approximately 95 feet in length and located on Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney /O1:i MEMO TO: Dennis Kraft, City Administrate r FROM: Julie Baumann,Planner I 4 RE: Initiating the Vacation of D . age and Utility Easement DATE PREPARED: January 10, 1996 MEETING DATE: January 16, 1996 INTRODUCTION The attached Resolution No. 4378 sets a public hearing date to consider the vacation of drainage and utility easement measuring approximately 32 feet in width and 142 feet in length. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, and lies directly west of Lot 10,Block 43, Original Shakopee Plat, City of Shakopee, County of Scott, State of Miinnesota. DISCUSSION The City has received a petition for the vacation of a drainage and utility easement measuring approximately 32 feet in width and 142 feet in length, from Bruce Heinz. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, and lies directly west of Lot 10, Block 43, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota. The attached resolution sets a public hearing for February 20, 1996. 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. 4378, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Drainage and Utility Easement, and move its adoption. isbommdev'cc\1996\ccO116\vacphpr.doc RESOLUTION NO. 4378 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility easement measuring approximately 32 feet in width and 142 feet in length and located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, lying directly west of Lot 10, Block 42, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 243h day of February, 1996, at 7:00 P.M. or thereafter, on the matter of vacating the drainage and utility easement measuring approximately 32 feet in width and 142 feet in length and located within the vacated right- of-way for Pierce Street between 3rd Avenue and 4th Avenue, lying directly west of Lot 10,Block 43, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Miinnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney MEMO TO: Dennis R. Kraft, City Administrator G FROM: David M.Nummer, Staff Engineer,aMn1 SUBJECT: Vierling Drive - County Road 79 to County Road 77 DATE: January 8, 1996 MEETING DATE: January 16,1996 INTRODUCTION: Attached is Resolution No. 4379, a resolution approving plans and specifications and ordering the advertisement for bids for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6. BACKGROUND: On August 15, 1995 the City Council adopted Resolution No. 4276, a resolution approving plans and specifications and ordering the advertisement for bids for the Vierling Drive Project. This project was initially petitioned for by Gold Nugget Development,the developers of the Meadows West Additions. Bids were solicited and publicly opened on September 19, 1995. A total of two bids were received,with the low bid being almost$115,000 over the engineer's estimate. On September 19th,the City Council made a motion to reject the bids and directed staff to rebid the project during the winter months,with the intention of receiving lower bids. Since last September, staff has reviewed the plans and has made a few changes in an attempt to reduce the project costs. One of the items that was bid significantly higher than the engineer's estimate was the concrete headwalls and box culvert crossing for the Upper Valley Drainageway. Staff has added in a precast concrete box culvert flared end section as an alternate bid item to the cast in place headwalls. This should produce more competitive bids on the headwalls or prove that using the flared end section would be a more cost effective option. Other minor changes to the plans were made to comply with State Aid requirements. Due to the changes in the plans and the fact that bids were previously rejected for this project, staff would like to present Resolution No. 4379 to the City Council for consideration. h:\council\mem.mo ALTERNATIVES: 1. Adopt Resolution No. 4379. This would approve the changes that have been made to the plans and initiate the bidding process for this project. 2. Deny Resolution No. 4379. This will effectively stop the project unless further Council action is taken to revisit it. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1,to adopt Resolution No. 4379 and proceed with the bidding process. Bidding a project at this time of year tends to produce very competitive bids and would allow for construction to begin as soon as the weather conditions are favorable. ACTION REQUESTED: Offer Resolution No. 4379,A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption. h:\council\mem.mo RESOLUTION NO. 4379 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS,pursuant to Resolution No. 4193 adopted by City Council on May 16, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of Vierling Drive, from County Road 79 to County Road 77 by addition of pavement, curb & gutter, storm sewer, sidewalk and appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Y lCd MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer D9'''+tJ SUBJECT: Approval of Changing State Aid Allocation Amounts DATE: January 8, 1996 MEETING DATE: January 16, 1996 INTRODUCTION: Attached is Resolution No. 4380, a resolution requesting an administrative variance to the State Aid Operations Rules. BACKGROUND: In the past, the City Council has directed staff to request the maximum allocation for maintenance from the State Aid account. These maintenance funds are paid out by the State annually and have been included in the General Fund Budget for pavement preservation projects such as overlays and sealcoating. The current General Fund Budget includes $102,000 in revenue from State Aid maintenance allocations. The annual allocation of State Aid funding for the City of Shakopee for 1996 is estimated at $368,092. This allocation is divided into the Construction and Maintenance Accounts. The current maintenance allocation is estimated at $31,225, which represents the minimum maintenance allocation. The remainder of the funding ($336,867) would be transferred into the State Aid Construction Account. By changing the request to obtain the maximum maintenance allocation, approximately $92,000 will be available for transfer into the General Fund. This would leave approximately $276,000 for construction. Currently, the Public Works Streets Division Budget includes $100,000 for pavement preservation which is allocated 75% to street maintenance and 25% to sidewalk replacement. Staff has contacted the State Aid Office regarding the process for having the maintenance allocation changed. They have indicated that changing the maintenance amount will require a variance to the State Aid Operating Rules and that this is a routine matter that can be handled administratively. The City need only request the variance in the form of a resolution to have the change implemented. Staff would like to point out that increasing the maintenance allocation will reduce the funds in the State Aid Construction Account which are used to construct State Aid projects. The current h:\council\mem4380.mo balance is relatively low ($360,476.95), and will be completely drawn down in 1996 if the projects are ordered according to the Capital Improvement Plan. The current projects which utilize State Aid funds include 17th Avenue (already under design), Vierling Drive from County Road 79 to County Road 77 (this project is ready to bid), Vierling Drive from Presidential Drive to Trunk Highway 169, and Gorman Street from 4th Avenue to County Road 17. The last two projects have not yet been ordered by the City Council. The funds which would be diverted to the General Fund as maintenance allocation would help to finance some of these projects, but the State Aid account will most likely still be drawn down to zero with the projects that have already been ordered. The following is a summary of the estimated State Aid funding by project. Project Funding 17th Avenue $507,650 Vierling Drive- C.R. 77 to C.R. 79 $311,175 Vierling Drive -Presidential to T.H. 169 $500,000 Gorman Street unknown Total $1,318,825 The costs for Gorman Street have not yet been identified. These costs will be identified in the feasibility report for this project. The total State Aid funding above is the amount that the City is eligible to request when these projects are constructed. The actual amount of funding which is allocated to a project is limited by those funds available in the State Aid Construction account. The State Aid funds are typically used to offset costs that would otherwise be City project costs. The availability of State Aid funds may not in itself cause a project to become economically unfeasible. ALTERNATIVES: 1. Adopt Resolution No. 4380. This will allow the City to request the maintenance allocation change. 2. Deny Resolution No. 4380. This will leave the maintenance allocation at its current level. 3. Table for additional information from staff. h:\council\mem4380.mo RECOMMENDATION: If the City Council desires to increase the maintenance allocation and make these funds available for use in the General Fund, staff would recommend Alternative No. 1 which adopts Resolution No. 4380. This is in compliance with previous Council direction. If the Council desires to maximize the funds available in the State Aid Construction account to be used on State Aid projects,then staff would recommend Alternative No. 2. This will maintain the current level of maintenance allocation which is the minimum allowed by State Aid Rules. If this alternative is chosen, staff would recommend that the City Council review the General Fund Budget in regard to the maintenance allocation revenue and pavement preservation expenditures. ACTION REQUESTED: Offer Resolution No. 4380, A Resolution Requesting an Administrative Variance to the State Aid Operations Rules and move its adoption. h:\council\mem4380.mo RESOLUTION NO. 4380 A Resolution Requesting An Administrative Variance To The State Aid Operations Rules WHEREAS, the City of Shakopee desires to change the maintenance allocation rate to 25%of the total 1996 allocation; and WHEREAS, Mn/DOT has advised the City that the procedure for obtaining a change in the maintenance allocation amount is through applying for an administrative variance to the State Aid Operations Rules; and WHEREAS,the City desires to seek such an administrative variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the City hereby requests an administrative variance from the State Aid Operations Rules to allow the maintenance allocation to be increased to 25%of the total 1996 allocation. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 112, Scott Joint Prosecution Association Patrick J. Ciliberto Lisa A. Skoog 129 South Holmes Street P.O. Box 197 Shakopee,Minnesota 55379 (612)445-7724 (612)445.7728(Fax) January 12, 1996 Mayor Jeff Henderson City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mayor Henderson and City Council Members : On behalf of the Scott Joint Prosecution Association (SJPA) I would like to say we appreciate the interest of the City of Shakopee in joining our Association. The SJPA was formed in late 1991 to provide a high level of prosecution services to our members cities at an economical cost to the taxpayers . 1992 was our first full year of operation. The SJPA is a governmental association presently consisting of six cities : Savage, Prior Lake, Jordan, Belle Plaine, New Market and Elko. The SJPA prosecutes Petty Misdemeanors , Misdemeanors and Gross Misdemeanors for these cities . Criminal prosecution is our sole function. Each member city of the SJPA has direct equal representation on the SJPA board. Each city has a board representative. Each city contributes a pro-rata share of the total budget based on the percentage of cases opened on behalf of that particular city. The SJPA board meets as needed. As you all are likely aware, the number of total criminal cases in Scott County for 1995 increased when compared with 1994 . According to figures presented to me by the Scott County Court Administrator ' s Office, the increase in traffic related crimes (to include Driving Under the Influence) plus other crimes, including such offenses as Theft and Assault, increased by 3, 523 cases . Criminal cases opened and prosecuted by the SJPA has steadily increased since 1992 . In 1992 , we opened 919 criminal files/cases . In 1993 we opened 1, 029 . In 1994 we placed a prosecutor in the Arraignment (the first court hearing on petty misdemeanor and misdemeanor offenses) courtroom to reach a disposition on cases quicker and more economically. By staffing the Arraignment Page 2 of 7 January 12, 1996 courtroom and resolving cases by plea or disposition at this first appearance, we have significantly reduced trial time, which in turn reduces on-call or standby time for police officers . This is a significant savings to our cities . In 1994 , including Arraignment cases, the SJPA opened 1,371 cases . In 1995, including Arraignment cases, the SJPA opened 1, 812 cases . In the October 26 , 1995 issue of the Shakopee Valley News, in a letter to the editor by a Shakopee candidate for elected office stated: "In 1994, due in part to the visit of more than 3 million people to our city each year, Shakopee prosecuted 587 criminal cases, while the cities of Prior Lake and Savage combined prosecuted only 482 . " These case numbers, as stated in this letter, for Prior Lake and Savage, were not correct. The SJPA, in 1994 , prosecuted 441 cases on behalf of Savage, not including 177 Arraignments . On behalf of Prior Lake, the SJPA prosecuted 434 criminal cases, not including 118 Arraignments . The total number of cases opened for Prior Lake and Savage in 1994 was 875 (not including Arraignments) not 482 . Savage and Prior Lake are two of the six cities in the Association that have been members since the beginning of the SJPA in the fall of 1991 . We feel a comparison between Shakopee, Savage and Prior Lake would be beneficial for your review, based upon approximate population and police department size. Savage has 17 full time officers, (with an upcoming additional hire) , not including the Chief ' s position. Prior Lake will shortly be at 17 full time officers, not including the Chief . Based on a conversation I had with Chief Steininger, Shakopee has 19 full time officers, not including the Chief . Mr. Greg Ess, Scott County Court Administrator, provided to the SJPA the following figures concerning fines paid to Shakopee, Savage and Prior Lake for the years 1992 through 1995 . Page 3 of 7 January 12 , 1996 FINES PAID TO MUNICIPALITIES MUNICIPALITY 1992 1993 1994 Shakopee $ 62 , 767 $ 62,565 $ 63, 877 Savage 51,293 56,358 61, 871 Prior Lake 53,464 61, 020 46, 353 % +/- Avg. Yearly MUNICIPALITY 1995 1995 over 1992 % +/- Shakopee $67, 116 + 7% + 2 . 33% Savage 89, 315 +74% +21 . 33% Prior Lake 65, 846 +23% +10 . 67% In addition to fine revenues, the SJPA has actively pursued recovery of costs which we label as "prosecution costs . " Prosecution costs are not shared with the county or state, but directly go to the city. Prosecution costs were not actively sought in Scott County prior to the SJPA doing so. The SJPA has kept records since 1992 of these additional revenues paid to our cities . PROSECUTION COSTS PAID TO SJPA MUNICIPALITIES MUNICIPALITY 1992 1993 1994 1995 Savage $2,000 $5, 819 $ 8, 720 $12 ,220 Prior Lake 2, 972 5, 702 10,285 9,204 ALL SJPA CITIES $5, 185 $13, 083 $22 ,415 $25, 709 Totaling both direct fine revenue and "prosecution costs" recovered for Savage and Prior Lake for 1992 through 1995, we see the following: Page 4 of 7 January 12 , 1996 FINES AND PROSECUTION COSTS PAID TO SJPA MUNICIPALITIES MUNICIPALITY 1992 1993 1994 Savage $53,293 $62, 177 $70,591 Prior Lake 56 , 436 66,722 56 , 638 % +/- Avg. Yearly Growth MUNICIPALITY 1995 1995 over 1992 % +/- Savage $101,535 +91% +25% Prior Lake 75, 050 +33% +11% Contributions to the SJPA budget were as follows for Savage and Prior Lake: SJPA MUNICIPALITY CONTRIBUTIONS TO SJPA BUDGET MUNICIPALITY 1992 1993 1994 1995 Savage $55,434 . 21 $66 , 697 . 44 $69, 124 . 76 $75, 999 . 3: Prior Lake 62 ,952 . 37 71,255 .53 70, 701 . 07 62, 996 . 8E Since 1992, Savage has seen its direct revenues increase by 91%, including both fines and prosecution costs . Prior Lake has seen its direct revenues increase by 33% . We are pleased to be able to say that for 1995, Savage and Prior Lake were both "in the black" when we compare their contributions to the SJPA budget and their revenues recovered. Savage recovered $25,535 more than it contributed to the SJPA budget in 1995 . Prior Lake recovered $12, 053 more than it contributed to the SJPA budget in 1995 . Not directly reflected in these figures are the costs/monies saved to our respective police budgets from police officers having less standby/on-call time by resolving matters at their initial first appearance rather than having court or jury trials . In the total revenues paid to SJPA cities, we have not included $10, 630 in highway patrol fine amounts not paid since 1993 because of a computer programming error. The SJPA discovered this error and with the prompt cooperation of Mr. Greg Ess and Ms . Jan Vohnoutka of the Scott County Court Administrator' s Office, this programming error was quickly corrected and the amount owing paid directly to the cities . Shakopee also benefited from the discovery. Page 5 of 7 January 12 , 1996 In addition to the cost savings to our cities, we are also proud of the level of service we have been able to provide to our police departments . Attorneys in our office are "on-call" 24 hours a clay, seven days a week. We provide annual cost free POST (Peace Officer Standards and Training) approved training to our respective SJPA police departments . The SJPA office is staffed from 7 : 30 a.m. - 4 : 30 p.m. We view the efforts of the SJPA as a joint effort between the police department, the city and the prosecutor' s office . Strides we have made could not have been made without the cooperative efforts of our police officers and our city governments . We have established a history of aggressive prosecution since the SJPA began. Both prosecutors employed by the SJPA have received Outstanding Service Awards from MADD (Mothers Against Drunk Driving) for the prosecution of alcohol related driving offenses . Enclosed with this material is a summary of prosecution agency history as released by MADD for the year 1993 . This study was summarized in a press conference reported in the January 4 , 1996 issue of the Shakopee Valley News . We would ask Shakopee to contact any of our SJPA City Police Chiefs concerning their position on our prosecution history and ability. We believe that Shakopee joining the SJPA would directly benefit the City of Shakopee and its residents . Because member cities pay a share of the SJPA operating budget based on cases opened, we cannot give you an exact amount to participate in 1996 . Based upon case numbers presented to us on January 10, 1996 from Shakopee ' s legal department, we can fairly estimate Shakopee ' s payment based on past history. (Case numbers supplied by Shakopee) 1992 1993 1994 1995 Gross Misdemeanors 71 79 127 104 Misdemeanors and Petty Misd. 384 465 508 468 TOTAL: 455 544 635 572 Page 6 of 7 January 12 , 1996 Based upon the 1996 SJPA projected budget, including necessary additional staffing, to represent all cities including Shakopee, Shakopee ' s payment would be approximately $65, 000 for the coming calendar year. Based upon the fine and prosecution cost revenue growth of Savage and Prior Lake since 1992, participation will most likely "cost" Shakopee nothing. Our realistic goal is to return you money based upon our prosecution for you. If you, Mr. Mayor, or any member of the council desire any further information, we will do our best to immediately provide it. I look forward to addressing you personally at your council meeting. The SJPA would look forward to working together with the City of Shakopee. Very truly yours, Patrick J. Ciliberto PJC: lal Enclosures : Letter of Recommendations from: Honorable Thomas R. Howe - Scott County District Court Chief Gordon Vlasak - Savage Police Department Rob Fendler - Mayor of City of Savage & Steve King, City Administrator of City of Savage Frank Boyles - City Manager of Prior Lake & Chief Dick Powell - Prior Lake Police Department Kay Kuhlmann - City Administrator of Jordan David Iverson - City Administrator of Belle Plaine Gary Shelton - Resident of Savage & Assigned Scott County Jail Supervisor Page 7 of 7 January 12 , 1996 SJPA BOARD MEMBERS Mr. Stephen King Mr. David Iverson City Administrator City Administrator City of Savage City of Belle Plaine 6000 McColl Drive 420 East Main, P.O. Box 6 Savage, MN 55378 Belle Plaine, MN 56011 ( 612 ) 882-2660 ( 612 ) 873-5553 Mr. Jim Friedges Chief Richard Powell Mayor of New Market Prior Lake Police Department City of New Market 16200 Eagle Creek Avenue S .E . New Market, MN 55054 Prior Lake, MN 55372 ( 612 ) 461-3515 (612) 440-3555 Ms . Kay Kuhlmann City Administrator City of Jordan 210 East First Street Jordan, MN 55352 ( 612) 492-2535 THOMAS R.HOWE CO A SCOTT COUNTY COURTHOUSE ZJUDGE OF DISTRICT COURT 428 SOUTH HOLMES ST. w., SHAKOPEE.MINNESOTA 55379 0 62 0 0 TELEPHONE 16121 496-8218 -185s STATE OF MINNESOTA MEMO TO: The Honorable Mayor and Members of City Council FROM: Thomas R. Howe, Judge of District Court DATE: January 9, 1996 RE: City prosecutions It is my understanding that the city is going to be making some determinations as to how it will proceed with respect to prosecution of misdemeanors in the Scott County court system. It is not appropriate nor ethical for a judge to attempt to influence or enter into discussions which your council will be having relative to how you intend to proceed. However, I am aware that one of the options that may be available to you would be to engage the Scott Joint Prosecution Association on a contract basis to prosecute for the City of Shakopee. If you should choose to contract with the group, I believe you will be well-satisfied. I have worked personally with Mr. Patrick Ciliberto and Ms. Lisa Skoog over the last several years, and have found their work to be exemplary. They currently represent Prior Lake, Savage, Jordan, Belle Plaine, New Market, and Elko with prosecutions in our Scott County court system. They bring a professional manner to their work and are fair-minded individuals who are well-organized in their approach to the efficient administration of justice. I, and the other judges who work with them regularly in Scott County, have the highest regard for their work ethic and for the results which they had obtained in representing their clients. It is likely you will be considering many options with respect to what the City of Shakopee intends to do regarding prosecution of cases in the court system. If I can answer any questions which you might have with respect to these matte I will be happy to do so. T.R.H. 1 V eOOf'\�� � :5.5 ,: Nnar l' POLICEDEPARTMENT' f- fir_ 1905 . "41-' Dan Patch r - GORDON J.VLAS 1K.CHIEF'OF POLICE ge , January 9, 1996 The Honorable Mayor and Council Members City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Dear Mayor and Council Members: I have been requested to provide you and the members of the council a letter of recommendation on the experiences the Savage Police Department has had with Scott Joint Prosecution Associates. The Savage Police Department has had a close working relationship with all the members of Scott Joint Prosecution from the very beginning of the concept. The purpose of formulating the joint effort was, and always has been, for the good of the cities and citizens,provide an advocate for the police officers, acquire affordable legal representation and abstract the rightful fine amounts afforded by law. We feel that all the purposes are being met and the prosecutorial services that are required by the cities will continue. Mr. Patrick Ciliberto and his staff have always provided the best legal service to the Savage Police Department. He has provided the police officers 24 hour, 365 day contact with a member of the legal staff. This in itself is amazing, as questions continue to arise no matter what time of day. I have nothing but the greatest admiration for Mr. Ciliberto and his very competent staff. They have taken on a system that was thought to be unchangeable and made very needed changes. The Scott Joint Prosecution is working. The idea was skeptical at first, but it is working and providing a change in the way cases and the criminal justice system is working. I have nothing but deep regard and hope that we continue to make improvements in the system for the City of Savage and Savage Police Department. Sincerely yours, Gordon J. Vlasak Chief of Police City of Savage • 6000 McColl Drive • (County Road 16)• Savage, Minnesota 55378 ,The Qty of e)46k , • iR Ai Time `tel Home of- 'a 1:55 Dan �. MCI- _______, 1905 :,}r , Patch . �.:..._. c ......_ \ ... _ f-�.. . f 84 leer January 11, 1996 Mayor and Council Dennis Kraft, City Administrator City of Shakopee 129 Holmes St. South Shakopee, Minn. 55379-1351 Re: Scott Joint Prosecution Association Mayor Henderson, Councilmembers, and Mr. Kraft: We understand that the City of Shakopee is exploring its criminal prosecution options. Please accept a few comments regarding the Scott Joint Prosecution Association (SJPA) . We encourage you to join us in this successful organization. Please understand that the following comments are not intended as a criticism of the services provided by your in-house staff. Rather, they are focused on your possible use of private law firms or other outside resources for your prosecution services. The SJPA was formed in October, 1991 as a joint powers entity. Each member city (Savage, Prior Lake, Belle Plaine, Elko, New Market, and Jordan [in 1995] ) had previously contracted with separate law firms for prosecution services. This usually meant that the cities paid prime rates and received relatively low fine revenues to offset costs. As a result, most cities (if not all) operated in the "red" with respect to prosecution service. The member cities concluded that an association could provide better and more cost effective services. Members of the Association have benefitted from substantial improvements in the level and quality of prosecution services. As one example, it is a policy of the SJPA to have an attorney present at all criminal court appearances on behalf of member cities. This often results in case resolutions at an earlier (and less expensive) point of the legal process and also often affords an opportunity to advise the presiding judge on appropriate fines or other sanctions. This increased courtroom presence has produced substantially higher fine revenues and recovered prosecutions costs for the City of Savage. In 1995, the City's cost for prosecution services was wholly offset by these revenues; a remarkable record. An intangible benefit of the SJPA has been increased morale in the Police Department. Officers previously complained that many cases were unnecessarily dismissed or pled down once they reached the courtroom. The Officers were also forced to work with an ever changing cast of attorneys (with the attendant impact on consistency) because prosecution tends to be treated as a training ground for new attorneys. Once an attorney became experienced, the firms tended to move them to other areas of practice. In contrast, Officers know the SJPA attorneys and they know cases are receiving due diligence. We believe this has a positive impact on the performance of our Officers. The SJPA consists of a Board (staff members from each city) and the SJPA legal staff. There is regular communication between these two groups. The legal staff consists of two attorneys, one paralegal and one legal secretary, and can be apportionately expanded to address your service needs. We highly value the City of Shakopee -2- January 11, 1996 Scott Joint Prosecution Services professional skills, ethical standards and dedication of this staff. They not only serve as advocates for Officers and victims, they also provide continuous instruction to the Officers on how to develop stronger cases for courtroom presentation. Since its inception, there has been no staff turnover at the SJPA and this consistency has also contributed to the high level of performance by the organization. The City of Savage has been extremely satisfied with its affiliation with the SJPA. Through this affiliation, the City has improved its public services, increased employee satisfaction, and realized a substantial savings in the cost of prosecution. We believe that your participation will lead to similar benefits for your city. Please do not hesitate to contact us with any questions or comments. Sincerely, t Rob F-ndler Mayor Steve-Ring City Administrator -;) cc: Mayor and Council - City of Savage Patrick Ciliberto - SJPA David Iverson - City of Belle Plaine Jean Benci - City of Elko Jim Friedges - City of New Market Frank Boyles - City of Prior Lake Dick Powell - City of Prior Lake Kay Kuhlmann - City of Jordan SPR/rjl SHAXOPEE.SJP . i Off- PRIai A mts: /11.\<• POLICE DEPARTMENT DICK POWELL Chief of Police MEMORANDUM TO: The Honorable Mayor and Me _ ers of City Council _/) FROM: Frank Boyles, City Manager=` )a<Dick Powell, Chief of Polic DATE: January 11, 1996 RE: City Prosecutions Thank you for your interest in SJPA. Our experience has been very positive with the association. In short, our court revenues have risen dramatically since the inception of the program. Officer moral has paralleled revenues . Judges' sentencing has been stiffer. Currently, Prior Lake is about $12, 000 in the black. Prior to the formation of the SJPA police, prosecutors were assigned to the police department by the law firm the city contracted with for city attorney services . The prosecutorial attornies were generally the youngest and most inexperienced members of the firm. For one reason or another, the longest they were assigned to the police department was about a year. This resulted in poor prosecution, low revenue returns from the court, and poor police moral . It is our recommendation that Shakopee strongly consider joining this group. /ab 1.')(1(1 F.n,>l. (-roof Ac•onito c P Prinr T aleo lVfinnocnha 5=117) / Ph (A111 11(1_,�,cR I Fax (A1')1 :11(1-1F,FA 11111i-14 ' CITY OF JORDAN January 10, 1996 City of Shakopee Honorable Jeff Henderson 129 Holmes St. South Shakopee, MN 55359 Dear Mr. Henderson: • I have been informed that the City of Shakopee is considering participating in the Scott Joint Prosecution Association as a way of addressing city prosecutions . I am not in a position to recommend action on your part, but can comment on the comfort Jordan has felt with the services . Jordan, up until 1995 had all civil and prosecution work done by a local attorney. Our service was good, but we were concerned over the number of cases that were being plea bargained. I personally thought plea bargaining left the wrong message to criminals . Because of this concern that I and the Council had, we investigated our alternatives . The choice our neighbors had made was to participate in the Scott Joint Prosecution Association. Our investigation in to the services offered by the prosecution task force led us to the decision that there were many small, but significant additional services that the prosecution association could give us that our attorney, and perhaps other attorneys could not give us . For example, staff at the Scott Joint Prosecution Association in the court house much of the week following a multitude of cases . It makes sense for them, but would not be a wise investment of our former attorneys time . Although the presence at the preliminary hearings is not always necessary, it has made a significant impact on the manner in which cases are resolved. Our belief is that a majority of cases proceed, and justice is served, verses compromising through plea bargaining. JORDAN GOVERNMENT CENTER 210 EAST FIRST STREET, JORDAN, MN 55352 • PHONE: (612) 492-2535 A secondary benefit has been the additional training at . I the stafftafeat the Scott Joint Prosecution Association has provided. our police officers and clerical support are doing a better job of etter case documenting charges and evidence and making a b clearance rate against that ot the criminals . The statistic pro crimes is up. I believe this is in part to the utilization of the Scott Joint Prosecution Association. all In closing, I know your Administrator will be looking ta m kl gthe information available on the Association prior llin recommendation to the Shakopee CityCounciladdi I al would be willing to is provide additional data to you or hifneeded. Sincerely, Kay Kuhlmann cc: Dennis Kraft, Shakopee City Administrator cc: Scott Joint Prosecution Association F:\Scott.J9 Be: • ce .e January 12, 1996 Honorable Mayor and Councilmembers Mr. Dennis Kraft, City Administrator City of Shakopee 129 Holmes St . South Shakopee, MN 55379-1351 RE: Scott Joint Prosecution Association. Mayor Henderson, Counilmembers and Mr. Kraft : I have been informed that the City of Shakopee is investigating criminal prosecution options . As you are aware, a number of cities in Scott County (Belle Plaine, Elko, Jordan, New Market, Prior Lake and Savage) have united forming the Scott Joint Prosecution Association (SJPA) . I believe each member City will attest to having greatly benefited through the efforts of dedicated, professional SJPA staff . Belle Plaine Police Department officers frequently express positive thoughts on the outstanding availability of the SJPA staff and their dedication to assuring each case is prepared accurately and effectively for trial . The City of Belle Plaine has also been extremely satisfied with services provided by SJPA. I encourage the City of Shakopee to seriously consider becoming part of this pro-active prosecution team. Please contact me if you have any questions or comments . Sincerely, David R. Iverson City Administrator c : Pat Ciliberto, SJPA Jean Benci, City of Elko Jim Friedges, City of New Market Frank Boyles, City of Prior Lake Dick Powell, City of Prior Lake Kay Kuhlman, City of Jordan Steve King, City of Savage Jean Gramling, City of Savage 420 East Mc. Street • P.O. Box 6 • Belle Plaine, Minnesota • 5601 1 • (612) 873-5553 AN EQUAL OPPORTUNITY EMPLOYER • t GARY & LINDA SHELTON 13100 NATCHEZ AVE. SOUTH SAVAGE, MN 55378 (612-894-5226) January 11, 1996 City of Shakopee Mayor Jeff Henderson & Members of the City Council 129 South Holmes Street Shakopee, MN 55379 Dear Mayor Henderson & Councilors: I am writing to submit a recommendation on behalf of Pat Ciliberto and the Scott Joint Prosecution Association for the contract to provide prosecution services to the City of Shakopee. In doing so some minor background about the writer might be helpful. I have worked for the past eighteen years in the jail system for the Scott County Sheriffs Department. During this time I have had considerable contact with the judiciary, prosecutors, probation and law enforcement departments within Scott County. Currently, I am assigned as the supervisor for the jail, warrant, transportation and Court security functions within the Sheriffs Department. For the past several years Mr. Ciliberto and the staff of the Scott Joint Prosecution Association have provided prosecution services for a number of cities within Scott County, including Savage. As a resident of the City of Savage,the victim of an incident which took place in 1995, and in my position with the Sheriffs Department I have had the opportunity to observe and work with Mr. Ciliberto and his staff from a variety of view points. As a resident and tax payer, and a fiscal conservative, I have observed the Joint Prosecution Association provide the City with competent and effective prosecution services at the lowest possible cost. The Joint Prosecution Association has held offenders accountable for their actions, generated considerable fine revenues and lowered the net cost to the residents of Savage for the prosecution of these offenders. As the victim of an incident the Joint Prosecution advised me of my rights, kept me informed of the status of the case, asked for my input with respect to a disposition and made certain that I received restitution. As a supervisor in the Sheriffs Department I have found the Scott Joint Prosecution Association to be a highly professional organization. Pat Ciliberto and his staff are cooperative, efficient and highly effective. Mr. Ciliberto has worked diligently to both seek and share information with the Jail System. When problems have arisen Mr. Ciliberto has been cooperative in dealing with the legitimate concerns of the jail and Court security personnel and, it should be noted, that when he believed that these concerns were invading the prerogative of the agencies he represents he quietly and respectfully explained his position. In summary, Pat Ciliberto and the Scott Joint Prosecution Association provide tough, effective and efficient prosecution services to the Cities they represent. I tell you, quite frankly, that I am absolutely confident that, if chosen, the Scott Joint Prosecution Association would be an agency with which you will be well pleased. Respectfully, • Gary (Shelton t For this report, if a offender was sentenced to electronic home monitoring, it was re- corded as jail time. Scott County has an intensive probation program in place called 'SAFE STREETS" which is used for some repeat offenders, usually on their third or more offense. Under this program, the offender is sentenced to 30 — 60 days in jail or electronic home monitoring before being able to attend this intensive program. This may be one reason for lesser jail time for repeat offenders. (_� ATTORNEY STATISTICS Cases Handled d/o of cases reduced to a lesser charge OFFICE OF: Scott County Attorney 70 13% ( 9) Shakopee City Attorney 123 16% (20) Scott Joint Prosecution 201 11% (22) (cities of Prior Lake, Savage, Elko,New Market&Belle Plaine) New Prague City Attorney 30 23% ( 7) Jordan City Attorney 33 9% ( 3) Rice County Attorney 143 15% (22) Faribault City Attorney 107 15% (16) (includes Morristown) Northfield City Attorney 62 15% ( 9) Dundas City Attorney6 0% LAW ENFORCEMENT DEPARTMENTS DWI ARRESTS Maar Scott County Sheriff S7 State Patrol Scott/Carver District.. 27 Shakopee ... 100 Savage 66 Prior Lake 70 Jordan 30 Belle Plaine 28 Elko 4 New Prague 29 Rice County Sheriff 107 Faribault 94 Northfield 68 State Patrol Rice/Steele District 43 Morristown 8 Dundas 6 Lonsdale 0 1 • .. \\ • I' ''''..:...„->..., -- ' l'a -tis, f • �� =, =�` '' � �\ /^- i ' ma = • • • . 1 <1 a, ::...:..,::•. <� ny ...�..a.t3r..- 52:1 _ ( •_ • • 0 ::j ' �:s.a.... �z.- . s ..-"'----,..------%/ '' ...;,--. �i `- If t _ - t ,. , I - _ _- L- ` - / i7 / _. C• � 7 /93 • Lynch/Vierling moved to recom- mend to the Scott County Board of Com- missioners that County Road 18 between County Road 16 and County Road 42 have a 2 lane cross section ' reaff u^min g the former action andsiti on leo taken by Council. Motion carried with Cncl. Sweeney dissenting. 141 %' H N 4% o O o o VEHICLES PER DAY o o 0 0 0 0 tilliiiMili4 O H Ln M 0 0 0 N O O 01 iU X r- 5 5 o 13. 'o O CO 19 0 0r- 0/ 4itia- rt r Rii t. N w •` z N r rtill 0 z z 0H "' ril tz c e.-' H f� O O ti 1 \__)1(:) � 0 0 O 4 PETITION The following residents petition the Scott County commissioners to: 1 Not develope the stretch of Hwy 18(formerly county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. NO. RESIDENTS NAME ADDRESS (PHONE NO. 1 $,-.- .*,e Pi/ ter' ,1 .4..1Y Y1= d 7 71 - 2 l�'e.,.,( ' ' 6-4.-/c//Q iY f <iys--fa .s- 1 , 3� 'Y, ?r 1-t � FS' 9i7 I0. .c/lv( s.'4fs< r(.,'. .yys--67:k j Fly/f i6e�J Lfr sf/n)'4- Z E`Pf1'- ,zaYD 5 U 61,...„427-(-/- ,- 1c— ,' �_ : 9c7 3 S''" i .' 1i'�,i, 4, !-'f-47 -----7-e"1-;- ____17 Oil "Wit, ... AIMPIP 4 41,A 4 , . '. jp.' 1:-..,--11-4.-0.„Y, I ell ir-,-7.-:1? 9 .�v.4.4.4 A Cla,�e''-, !fel 0. 60 .1 .► -t 3 L it;4. 4-4s.17 10 A8141lift/ f(. q� �,.. !i1' gib_, �Oih. 1P.CI C`:4.cf;P?_r�,�r*�, 7./5 55q/ 1 1 1 r7 et.— �'7'r • 4. 1".J� X' d Q.G�j 7y t rA •1w��1 1+,:1!"S �;r�qPlrs:.7, 1 *t�t�'"�' 12 36 4�0,_ 1 i!� L �1'. E 4-i4 � C4s 13 i4'11'Z . ; v? t.t Lkr*, � 7 IS 3 pVI s L -,g. •! �ti c'- .1.-4/ � 14 �' rm..) � C .l:.�., ;___.- ! ti-7syC! 15 ( 4�-�e - �3 I� ( j 1 QG/7 .5 16 r/' 636 e/ �P ere e � J / I u�6--372, " 17 L E[c�- c l�5.2-715A /S1"?‘"C -4 e. ee f' ,/ /ll/Yi I to --/Y-9.5 18 ',1/4 1!ki �o ;�,it p{.. 7'Y4' "3ai-7r- 9 =r 14t,41., 1....- D / 1 tau/����-f L116 -3�!r73- •20 22 /j "3. /-r, , A 227 f-ruAc� e Or: i '"{`I5 IcS � 23 -/ Jl ' l'. ..2.f- /77° , 41.e.. s9cc" r� ae,-.= I/:(9 -3/E7' 24 24 'd/� / .._/ O".J� ,t--L t-e(i r�C�L/ I `G' . i 1(.f 25 11 1 �_ /t, aLO ',L/'-P r •)JC, € �y'a c.--.0 5 26 , ,_. l ,y ) . o c? -74/4.L1,,),7�2 EE Yk. -9.105" 27 `;i 1 , ,L• / / / /Z'4."2 r S E Cj�-c, 28 G�� � "-�i ��J�/ _ _ o . I-V./7- X5;3 (P 29 �'�`, ��� _--�.� �� '-.5�G�� ` ky� ' 271 ' 4/c t 30 f. r ��/� � t q r �� ,,6_1,t7 f//1 2/,'I - //! . 31 /�l1 �yLC4,./ ' .71n/uf 1 fr&J Sha i /V3-- 9''/S/ 32 .� � 33 /1 gm,/ a / /Z_ -,1'-2 /1 ,.. • J 34 352.tie...ni.S' v �[tprtS�:n -A/_ (r, ii f// 77g',,j `f`rs - :-z A 3 /1I " b i L „ I IL 38 )37 - ',. I ( I / ' /I / 7 39 Lace I21E <=Lv 775V r,.c..z-Oi" J2 - fa "_ )_ 7 40 LrI ' PETITION The following residents petition the Scott County commissioners to: 1 Not develope the stretch of Hwy 18(formerfy county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. NO. RESIDENTS NAME // ADDRESS I PHONE NO. ' 1 "4,111L/..t---1 .2 2 5 6 d ./ /jr`c Jif,-�J/ E -s4 /4i/12 - Iry ,i.SG a ,/ �.,/d.�� 1 /9� --/y/7 3 /� k s--��. -,?'JZ,o C:-?1,J 4 A 1e Lc z-/z. J. €--/9C� -/'4//? 4 i71. S /31 1-tcrz:z..%_ i f �f151 6 /l o co •l.7$ !1 - ig aQne t 'dGl-3�f /( � . , i�'��t I „,-,--. .;-_,,,F 6i9 ) 73/Y -; d I if/ $ FV) �, 1q6:7-4, — 9 i $ - N 11 a,x R'',;: , 3 a 34/ r; Tom. ..c7 12 1 f ') `50I,„4- Te 1aysalsl 13 ',t/ j ----- Y �n. .n '- {y5 6-13 6 3 14 D '( _ S(')Q I ” 1 15 (, 1,•Kil 2,C • :D.,::3 tZ1 ( r(/1 i U•"(,' !C7' 17VOW s 0 'S: /'l4..l 41 ,,,, c ' `/y.r- )CU— . 18 ,Y,� ` - . /3 A�5 Cr�.S A NE- ,,c I/711 19atei,n 1 ,�1I`p:Nrr1 14/,.�e; ( ,os F-U�e N 41�-�49�t20,► wl s�? �✓ �-> ,cU-4 . 1 v96-//a& 21 i .J r�, /3994 C/g.57 - ,v. .k-: 4/94,-/tiZ , 22a.,4,z , G . -t - /B 1G° tif.4o 7!• • -,74,,4,-_, , 23 ! / S .€ . S• 77 / f'6-1-4 ,...C77--A/ - { ' � 3S�P 24 4 r- . - 5--Yd q /Ys l4 ,5-1"' .i't , -a 3,47 26 /1, i5-33 S AL J4/6! r JS� "/5 i I g'/5- 'J =s 27 - 0,„-J ,1.-,`� .s.�.S i•/O KG, M 1��s-a 28 r ;. _, - V 4-3.5- 31 S- c �gr+ t I YD'S- 3G,S 29 !I arc fc�lCG r 5274 No .S. -NE c 05 30 - .. Le -5275 Ale .SI< NE W16-IIS 31 1 32 33 34 1 35 36 37 38 • 39 40 e - PETITION The following residents petition the Scott County commissioners to: 1 Not develope the stretch of Hwy 18(formerly county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. NO. RESIDENTS NAME ADDRESS I PHONE NO. ' 1 2 .4.• Yr -t> 1rrL� 655c (). • 7. SO +4-` 'RIM. Pisi !•c. ifq/ 3 -4339 3 ,Z .2/2 // S • w �/ t • M - 4 4 , , ��/,1j�/ o- --,�'/ • a.t.e� - I g5"3"--.2 So .�, ? ' / 5 / , ir-te-er-/xj 14942-2 -2l 6 r 'q v _ •.--I/ l0 . �r} L) CYC-` t i ,1 E r G.. 7-6eS 8 !' e) � gt 171/((f � �__11,...- -- J'w // J - y7 -,7 5'43. 10 it L / / a jFP'•:%9i ya(')-146- 11 W. t--‘,k1A)A4-k2A. 1111,0(14 (1,& / !tet%-1 (1 ' , ) 1l(D 1 I ' Ick ,-tea- Lr '9640 5 13 _ tatop' 14 s y h ti-•2.t�1 //JO, �, ' - - '-/ �r`� /ir r ' ' 710.2 15 iw� /7/� Q ! (7s/. .7.5-3316 / /oa 11 sem— I /›.<5"----1,C-j</Z.-- 18 cr • 147.iS AJ / MO //S G1 moi? ei l L` /' Dra4 ,- 1 4."-1,- �51,iy/ 19 et...� _a.--+---� _ .2 4i/- `--, 7.-L A �iS� S%Q 464 y�y-c-flcb 20 L..-- ' / �. '9 Cpvw/ e ,S /,t �"% / - 0 21 0 — /-2-‘/17$ C - 1y4 /p5'n 222.4-4 0-box IE,t '&211- ' _ 7 -a 2?0 23` taft."-S2. r,•9ff (9 GGbD i • L F• 14/ S- A4z 24 r •A,, r 9`� ,��tr-/!il, .... , �. • -•,---- 7t507 25 ,i;(0,- -v..- /8,54 e Q go, /5 tI$T"- S8/ q 26 _ . . �•��,. �„ .1 . 16 CS:5 r ice'. is /SCS-(2 c7 .•a/, �-�.-- fG CUs 14 r frill 29 .f _/ /- - .. /6 11.e 1 e'. /k Y.S--LL17 30�j , i /055 C.t2.1 1 I'M-/4/67 31 ♦ l a ,y „j ; /0 Sk! u�LcC, •F- 14/V1:14/77 32�. ,� sr, , �j'AI 4 1,kilc b U1 I i//'& -S//7 i. 33 ` 194(k'Qi�1\4�) al-t `er ' S� w 132Q s L 14/Oo-4'Y13 35 I..... Am _ -2-2(�cr e�le C' A 6'bd €� 4(5`r• 73 4,-).-- 38 �Ct v J� "*.;_to.._,.... .7761-- x`414. (' g 1 L -5--'3 9,-- 37 , 97 --Z- 71, -//E 38� " %10,,C q is,, -5"6 t/Q / 1 y7 v /r�y PETITION The following residents petition the Scott County commissioners to: 1 Not develope the stretch of Hwy 18(formerly county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. NO. RESIDENTS NAME ADDRESS ,p 1 PHONE NO. - ,�S36— gr3,L,_ (�'nX .0/l%O r/4/ zo v11 p 2 ��i_- 86-3S" Fes- �-ige 19 r3"- 5'oc. 3 Wb Ci t I thiot_O 00k4 ECI- CAY-QA ,69,_,Q•ce 114q5--9,1; 4 ) 0 4 0'# a� s* P.1• E U tfs-s k c f 5 .[I -' C RS-2 C� }TI14(17-r7/77 0 1 " k1 e-,4c- '70,G 7 93 f 0 jAp4 ,i ,(4-.7. 4.906 8 ,� T to 4. S TO • ��v"„` 1 `n-(5--,-A,451 9 � Sc.; � i . 10 0/L r e --- CI ' .Wi l(- 6. -/<- 5 11 C�J�� • -- 0 14'C'\9- , T 5'5— ” • '� Qtr-- Y-��' b 7 13I 7:7 ,5 ay - 14 r 1 AIr_ � ' I VIII 15 .,�� ("D,uh c (.,rd s-74-r.n.� -) 9 y /Co dr, i t — r�.,• l 16 17 18 19 20 . 21 I 22 f 23 I 24 25 , 26 1 27 28 29 1 30 1 31 32 33 34 I 35 I 36 • I 37 HE 38 39 40 • 1 • E PETITION The following residents petition the Scott County commissioners to: 1 Not develope the stretch of Hwy 18(formerly county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads tc the Shakopee by-pass and the new river bridge. NO.[RESIDENTS NAME ADDRESS I PHONE NO. 1 1 �/ (7// u vti�G' 5s e- I fp s=//D�f• -fes � , elf,' 0-7l l X 11 . .eo-c S= t l o 3 .,„, 1,/,--1.4)-#... '73 6 (-yu.UP C* V}- 5 `c 'c•-- ��.�cSt..-l_ -k. .-". ? die--.... `` E�1. ---&? 9D j 6 (-W, �r�k• -.k)2,�� £ iZ,/ ni,...iii.%Lf l'fi � E ii/(5--";5/41:1 9 1 7 , Si>� �?(,' :� ('f �od kcy,1�� V46-&' 8 1 7L �� S—S- -3 , / - 1 i/94 _r 9 ` x � ,-f- /1A ti .0 ,'S�'�3 a . I , L•' f if( //7 f 10 ' ' L 11 % tc Q ,. /y 3-77 if /Yr 4Cir. , .114, kik i. 44-S-7.577 12 r t. ,� .t�.A'4..„ C' . IsC -7) r it ` 6 r u�) 4 149(-,-) Ka..�-- 13 • 8,0 ,,,, (4 tq.0.4)cJ I 4q6"-- /5 14 e- r , i/ 1,:l0fG -oci L1*, `!S ' 151 rn1!'; W.,:..-./ - , 563r/1C'3 c i,2.. 9%-Z3/f- 16 (, r - / � \ 4 rt i, I : , 17 - • '( `v i n it if lI 18 e/ r r fi .. iT ► e ITV—nit- 19 / . - 'r - tr- . f, r/ 20 -, P'°' ♦`6/ - 75-7 S--sev „ . `S' _ q 9G -o S(5L 21 io ---+ - r. I , , , , , 4 r 22 ! ., " _ 7.3 ; 1 14‘21/ 9'' l4s_"*e' 23 24 1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 • 39 40 PETITION The following residents petition the Scott. County commissioners to: 1 Not develope the stretch of Hwy 18(formerly county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. NO.1 REST ENTS NAME ADDRESS l PHONE NO. 1.1 .� ,-i z > C �d k/ g q - y ' 7. - 2 iI 3 *--)1 141 /' 41 71 4t, -822c7 81 OF ( . v <<91 10 M 7 rXc- /AJ /Q 7 /,P/K CO7-_,,e / `?" K, X 741 ' 12 - ?elm �� /� I ff 3-- 1 ,, �- /e 9 \ L 17 C� 1° 1 1//,1_5--? 7.7? 1 135 is , � 3��" 17 - • a-{.t/� 2-40G ;. 4 /ej f 5� 6- 51]� 18 ' �� 4 02-0 06 6,, / 9r /d9<z7 19 20 21 22 23 24 25 26 27 28 29 30 31 32 J 33 34 35 36 37 38 39 40 PETITION The following residents petition the Scott. County commissioners to: 1 Not develope the stretch of Hwy 18(formeriy county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. .NO. RESIDENTS NAME ADDRESS !PHONE NO. 4 • �p� (`c\ - . • • V - 6 L1- , ��s 5f4 (iS 3b , 6. { L✓ (1S- -60/53Q ) �� .1 )0 9 flair ,79 r ys 944 4--( /CS 8 . / ��- Yl/Z. .062;</%24.l 1 mac= 9 ,i .7/27•Z ,��� ��,=ate 51/ 10 1 _ 1`rye 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 33 34 35i 36' 37 38 • 39 40, • . . . . PETITION The following residents petition the Scott County commissioners to: 1 Not develope the stretch of Hwy 18(formerly county road 89) from Hwy 101 to Hwy 42 into a 4 lane road with a freeway style interchange at the Shakopee by-pass. 2 To leave county road 89 in its present location and condition. 3 To direct the county engineer to work with State and County personnel in upgrading and establishing Hwys 13, 21 and 83 as the main feeder roads to the Shakopee by-pass and the new river bridge. NO. RESID- S NAM ADDRESS IPHONE NO. 1 �L� , e, e Jam/ ( /, 7 / IQii 4 5 irdf 3 41 7 . ,1 ,i fro )uc-_ , �'� 7 "4,01.51 - �� -4,' mtl) MC0 ( 1> 'il . f - 6I :�. • / 1 7 GdD C,G / Y�� .1` A.c 1 ;*:5 81 ; . g3�� }- ; ,;.� L, xx-� 9 /. J�� s-ay.,/ �/.� 57irD ry,�/ 1 � .t do >� 21C0p ` S'-6ces 111 . ., —/ «U ��% Clc v6 /��. r� 12i ._____6„.. '� 3_ 14 r r �' - x'07{ 15 16 17 1 18 ' 19 20 21 1 22 •• 23 24 25 _ 26 27 28 29 30 31 32 • 33 1 34 35 .. 36 37 1 38 • 391 40 SCOTT COUNTY �� HIGHWAY DEPARTMENT kr/1.o 600 COUNTRY TRAIL EAST 119/96"i -. JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 Scott County Highway 18 Project (CP 91-18-02) History The Scott County Highway 18 project (CP 91-18-02) involves the construction of a 4 lane divided roadway from County Highway 42 in Prior Lake on the south to the Shakopee Bypass in Shakopee on the north. The southern section from County Highway 42 to County Highway 16 is planned to be reconstructed on the existing alignment. The northern section from County Highway 16 to the Shakopee Bypass is planned to be on a new alignment west of the existing County Highway 18 alignment as shown on the attached drawing. The purpose of this project is to provide improvements in traffic operations, safety and roadway capacity. The concept of County Highway 18 connecting with a interchange to the Shakopee Bypass and a crossing of the Minnesota River has been in Scott County's Comprehensive Plan since the early 1980's. The Design Study Report for the County Highway 18/Bloomington Ferry Bridge in 1989 brought out the need to consider alternative County Highway 18 corridor alignments due to the geometrics of the roadway crossing the Minnesota River and minimizing environmental impacts to Fisher and Rice Lakes. Because of these geometric considerations, it was not possible to tie into the Shakopee Bypass on the existing County Highway 18 alignment. Instead that connection was shifted to the west. A County Road 18 Corridor Alternatives Study was commissioned to evaluate alternative roadway configurations. To coordinate and provide input a study group consisting of representatives from the County Road 18 Citizens Committee, cities of Shakopee, Savage and Prior Lake and Scott County was formed. That study was completed on February, 1990. Four alternative scenarios were evaluated with the recommended alternative being a combination of connecting existing County Highway 18 to the new Shakopee Bypass interchange as the initial stage and a new County Highway 21 to be planned for the future. A follow up study was commissioned to define the proposed roadway alignments of both County Highway 18 and future County Highway 21. For County Highway 18 this was required to prepare design plans for construction. For County Highway 21, an alignment was needed to preserve right-of-way. This report was completed in April, 1992. In May 1992, the Scott County Board adopted thereport and direct staff to pursue the final design of County Highway 18 as a 4 lane highway with flexibility that this work could be staged to only build the new alignment portion as a 4 lane facility in the initial construction. An Equal Opportunity/Affirmative Action Employer County Highway 18 History (CP 91-18-02) Page 2 In December 1992 and again in February and March of 1993 the County Board reviewed the project and at each occasion approved the total construction of County Highway 18 as a 4 lane divided roadway. Their decision was based on the need to provide a safe and adequate roadway for the anticipated traffic on County Highway 18 upon completion of the Bloomington Ferry Bridge. As part of the design process, Scott County prepared an Environmental Assessment Worksheet (EAW) and distributed the EAW for comment for 60 days ending March 5, 1993. The EAW indicated that existing and predicted future traffic-generated noise levels were in excess of the state nighttime noise standard. The EAW along with additional information related to the noise levels as requested by the MPCA's Air Quality Division (AQD) were reviewed and determined by the AQD that a noise variance was not required due to the project's relatively insignificant impact on existing ambient noise conditions. However, a legal action by some adjacent property owners citing the Minnesota Environmental Rights Act concerning the noise levels resulted in a summary judgment issued on May 6, 1994 restraining Scott County from construction of the County Highway 18 project. To satisfy the intent of the Minnesota Environmental Rights Act, on August 16, 1994, Scott County requested the MPCA for a variance from the State noise standards. That request has led to this meeting today. K-WP60\MISC\18HIST 12/16/94 ---------1 L--""-1Q'ir-----"-------___12 1 V,,J—ER V I EW11 --j -,.. . \...±. % ) \-, rege,sonwo;pwairnic,. -...,,,..\ , • ,-.--- < _ Fi4her SU -k I— . 707 7 -- ! ' ' I . s'....*---..,..._..„......„.......,.......„.......„.....„......H 444 . , . N ,.. T.H. 101/SHAKOPEE SHAKOPEE i IS CO.RD. 21 00,- ........amyl.=as ------ S-.-'---)------7 o0°. I C.S.A.H. 16 I _ I ; 4 1 a 0 1 p,, . ptk. I ci cc ci u . IC.S.A.H. 42• k — oi \ . `N, 7,-kti ri\--c 47 `4---__ a CP 91-18-02 City of Shakopee Question: Traffic Volumes. Response: • Existing traffic volumes (1992-1994) range from 3,000-6,000 vehicles per day • Year 2010, 11,000- 13,000 vehicles per day (Transportation Study) • 7,500 vehicles per day for 20 year projection used a cut-off between 2 and 4-lane design. Question: Urban vs. Rural Design. Response: Rural design used where terrain and right-of-way available (north section - new alignment). Urban design on existing alignment because 4-lane rural design with ditches requires too much right-of-way and impacts too much of the abutting properties (200 ft. right-of-way corridor for rural versus 100 ft. right-of-way corridor for urban in general). Question: Why not 2- lanes rather than 4-lanes? Response: The existing and proposed traffic volumes indicate the need for a 4-lane divided roadway in order to provide for the safety of the motorists and property owners. A staged project was evaluated in which the new alignment would be built to the 4-lane design and the existing alignment would initially stay as a 2-lane until a later date. The Scott County Board decided to build the roadway as one project rather than staging because: We anticipate the need for a 4-lane facility to be present as soon as the Shakopee Bypass and Bloomington Ferry Bridge projects are complete in 1996 It was estimated to cost $300,000 more to build the project in stages 1.1 It would be more difficult to build under the extra traffic and would inconvenience more motorists 1.1 This project is needed in addition to any further CSAH 21 project. . CP 91-18-02 City of Shakopee Page 2 Question: Why not build new CSAH 21 rather than CR 18? Response: We will need both in the future. However, it would at least 5 years before any project could be started on future CSAH 21. A two year Environmental Impact Statement (EIS) must be prepared at an estimated $400,000-$500,000, 11/2-2 years for design and 1 - 1% years for right-of-way acquisition. Only a portion of CSAH 21 would be able to be constructed at that time due to the estimated $10 million cost. This approximates 2 full years of the Scott County Construction Program and would mean no other work would be performed elsewhere in the County. CR 18 is ready for construction and can provide the interim need until CSAH 21 can be programmed and built. Question: Shakopee's anticipated cost in the CR 18 project. Response: $315,000 estimated b Memo To: Honorable Mayor and Council From: Dennis R. Kraft, City Administrator Meeting Date: January 9, 1996 Re: Scott County Economic Development Planning Board INTRODUCTION Scott County proposes to establish a Economic Development Planning Board and collaborative Economic Development Pilot Program for the purpose of managing "growth and development externalities". The proposal makes certain assumptions about Tax Increment Financing (TIF) impacts which are untrue, such as cities typically constructing buildings for industries or offering reduced building lease rates. The report also does not acknowledge the significant TIF - generated financial contributions made by cities for county and state transportation improvement projects. The report also fails to adequately acknowledge the very large contribution the cities make to the county tax base as well as the coordinated economic development effort being carried out by the Scott County Economic Development Coalition. Furthermore the proposal transfers authority and, in fact, grants veto authority in platting to this proposed economic development board. The report also transfers authority from cities to the board on a variety of other issues. The creation of another layer of bureaucracy having veto power on development proposals will very likely stifle development activities in Scott County and actually increase the cost of development. The report also makes the curious statement that "development and planning in townships and cities are occurring without any coordination or collaboration between jurisdictions." This is not true. Cities collaborate with one another and the Metropolitan Council has responsibility to ensure compatibility of planning within and between Scott County political entities. Municipalities and townships review each others planning efforts. The problem of leap frog development in townships can readily be controlled by the existing planning and zoning powers of the County, or by allowing cities to exercise extra-territorial zoning and subdivision control. DISCUSSION The bulk of this proposal appears to center on 5 issues and some further clarification on these issues is provided below: 1. Tax Increment Financing: The City of Shakopee has traditionally not used TIF funds to aggressively compete for commercial/industrial properties due primarily to three factors. The first is that the costs associated with creation of TIF districts and the City Council's incentive policy makes TIF unattractive or unavailable for all but the largest projects. The second factor is that in most instances, the location of Shakopee and the capacity of the City's infrastructure makes it possible to attract most projects that are likely to locate in the City. For these 1 projects, the use of TIF would needlessly shift tax burdens onto the general population. Finally, the last factor that has prevented Shakopee from aggressively using TIF is the increasing restrictions placed on TIF by the legislature. Shakopee generally competes for large users with Burnsville, Chaska and other metro cities that have older TIF districts which provide more flexibility to the municipality. The net effect of these legislative changes is that, all things being equal, the cities with older TIF districts can always offer larger payments to the commercial/industrial prospect. This takes Shakopee out of the market for the types of commercial/industrial users that are only"shopping for incentives." If TIF were eliminated state-wide or metro-wide, Shakopee would benefit greatly due to the inherent qualities of the City (transportation, land uses, sewer capacity, utility rates, taxes, workforce, etc.), however, unilateral abandonment of TIF would naturally result in the loss of some users--particularly the large-scale, high wage users that create the most competition. 2. Inter-city Competition within Scott County: The County's proposal is correct in stating that in the macroeconomics sense, the general public suffers from cities bidding for projects with tax dollars. The proposal, however, implies that there is significant competition between cities within the County for projects. This has not been the experience of the staff in Shakopee. In general, the commercial/industrial areas within the various cities serve different market niches and so there can be very little competition. Shakopee can accommodate industrial users that are not able to be easily served in the other Scott County communities and the other cities specialize in users that can not easily be served in Shakopee. For this reason, all cities tend to refer prospects that can not find a location within a particular city to the Scott County city that appears to specialize in that type of user. The major cities in Scott County participate in the Scott County Economic Development Coalition which allows for better coordination and prohibits unproductive practices such as "raiding' users from other cities in Scott County. The level of competition that comes from communities in Dakota, Carver and Anoka Counties is by far more significant that competition from Savage,Prior Lake, Jordan, etc. 3. Use of TIF Reduces the Funds Available to the School District: Although school financing is a unique and complex issue, staff has always been given the impression from school district staff that the use of TIF does NOT impact the school district significantly in either a positive or negative fashion due to all of the State funding formula issues. It should also be noted that the legislature has recently changed the method of taxation for school district purposes which will further shift the burden from commercial/industrial properties to the residential properties. The net effect is that, in years past, commercial/industrial tax base and TIF were important issues for school funding but are no longer very significant as the State tries to equalize funding between property tax"rich" and"poor" districts. 2 4. Lack of Coordinated Control Either by the Cities or at the County level: In general, the staff has experienced good cooperation and coordination with Shakopee's neighbors (Prior Lake and Savage)on an issue by issue basis. Along common borders, planning and zoning activities are coordinated through direct discussions and the Comprehensive Plan review process. Stormwater and Sanitary Sewers from Prior Lake must pass through Shakopee and therefore there is coordination along this level. With the Savage Fen and other environmental issues on the Savage border, Shakopee has cooperated with Savage, Burnsville, Prior Lake, County, State and Federal agencies, non-profits and private entities to resolve complex environmental issues in a coordinated manner. For the Bloomington Ferry Bridge project, enormous, coordinated efforts were expended by communities and counties on both sides of the river, not just Shakopee and Bloomington. There are countless other examples, including public transit, fire protection, affordable housing, sharing costs of lobbyists for the State Legislature, etc. In general, there has been very little evidence at the staff level of a lack of coordination between the cities and generally, city cooperation extends far beyond the boundaries of the County on an issue by issue basis. 5. Premature and "Leap Frog" Development: One of the issues identified in the proposal is the amount of unsewered, large lot residential development beyond MUSA boundaries. As a City with a large rural area, Shakopee has also had to address this issue and has taken steps to manage this development through its zoning and subdivision powers by holding large areas of the City in Agricultural Zoning until urban services are extended. There are always development "pressures" in a growing area, however, the degree of control that will be exercised on these pressures is within the power of the responsible governmental authority (City, County or Township) if it chooses to exercise its authority. For issues of conflicts on the fringes of jurisdictions, there are many possible remedies depending on which methods are viewed by the parties to be the most effective and which governmental entity desires to exercise control of development. For instance, the County proposal appears to suggest that the City cede some of its authority to control development within its borders to a County-wide entity. Another way to accomplish the same ends with a City-based control mechanism would be to follow MN Statutes 462.358 Subd. la and 462.357 Subd. 1 which provide for City control of a 2 mile area outside of its boundaries (extraterritorial area) where City Zoning and Subdivision powers would control. This can only occur if the County and the Townships would remove their Subdivision and Zoning Controls. This example is just to demonstrate the opposite approach, not to make a recommendation. There are obviously an unlimited number of possibilities within these two extremes. STAFF RECOMMENDATION This proposal by the County is a very complex issue that strikes at the core of the functions of Cities, Townships, Counties and Regional governance. There are also issues of whether it is better to provide services at the local level where it may be possible for more direct citizen input and control or whether there are significant efficiencies to be gained by consolidating functions. The staff also has a very real 3 concern as to the technical capability of representatives from school districts, townships and the county to review and have veto authority over subdivision plats and economic development proposals. The staff is of the opinion that the proposals contained in this report are not of benefit to the City of Shakopee, and will have to be substantially modified if they are to serve the needs of a growing Scott County. While the spirit and intent of this proposal is admirable, namely more efficient government and increased coordination, the proposed implementation procedures appear to be counter to these objectives. ACTION REQUESTED This item was prepared at the request of the City Council for discussion purposes. It is suggested that the City Council provide direction to staff for the preparation of a response to the Scott County Board of Commissioners. 4 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: January 4, 1995 RE : Closed Meetings Before City Council The upcoming agenda includes an "executive session" to discuss certain matters. This may be a good time to describe the statutory limitations relating to "executive sessions" , which are called "closed meetings" in the statute. State law severely restricts when the City Council may have a closed meeting. Meetings may be closed essentially for three purposes : to consider strategy for labor negotiations, to discuss charges against or performance of an employee, or to discuss matters allowed under the attorney-client privilege . A fuller listing of when meetings may or must be closed is listed on the attached page . When a meeting is closed to discuss labor negotiations, it is limited to the topics listed in Minn. Stat . Sec . 471 . 705, Subd. la, which provides that the City Council "may by a majority vote in a public meeting decide to hold a closed meeting to discuss strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals . . . " That law also provides that "A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. The proceedings of a closed meeting to discuss negotiation strategies shall be tape-recorded at the expense of the governing body. The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. " Meetings also may be closed under the attorney-client privilege. In order to have a meeting closed in that way, it is necessary that the attorney for the City be giving legal advice to the City Council . Routine discussions with an attorney are not enough; the discussion must include legal advice. If you have any questions about this, please let me know. KEM:bjm [5CCL] Attachment SUMMARY OF CLOSED MEETING LAW In order to have a closed meeting, one of the following items must be identified on the agenda as the reason for the closed meeting. The discussion in the closed meeting then must be limited to the reason listed. Acceptable reasons for closing a meeting are as follows : MEETINGS MAY BE CLOSED: 1 . To consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals . 2 . To evaluate the performance of an individual who is subject to the Council' s authority. (However, the meeting must be open if requested by the individual who is the subject of the meeting. ) 3 . If the closure is permitted by the attorney-client privilege. 4 . If the closure is expressly authorized by statute. MEETINGS SHALL BE CLOSED: 1 . If the following types of data are discussed: a. data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; b. active investigative data or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by the City; or c. educational data, health data, medical data, welfare data, or mental health data that are not public data under the data privacy act . 2 . For preliminary consideration of allegations or charges against an individual subject to the Council' s authority. (However, the meeting must be open if requested by the individual who is the subject of the meeting. ) 3 . If expressly required by other law. Violation of this law can subject public officials to fines and forfeiture of office . [5CCL]