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HomeMy WebLinkAbout10/21/1997 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 21, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business -(All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: September 16, 1997 *10] Approve Bills in the Amount of$910,591.12 11] Communications 12] Public Hearings: A] 7:30 P.M. -proposed assessments for Fuller Street improvements from 10th Avenue to Vierling Drive, Project No. 1995-8 - Res. No. 4775 B] 7:45 P.M. -proposed assessments for Sarazin Street between 4th Avenue and CR-16; Roundhouse Street between 4th Avenue and CR-16; and 4th Avenue between Shawnee Trail and Sarazin Street, Project No. 1994-10 - Res. No. 4776 13] Recommendations from Boards and Commissions *A] Final Plat of Prairie Bend 3rd Addition located south of Parkway Avenue and east of Sarazin Street - Res. No. 4779 B] Text Amendment to Zoning Chapter Regarding Shoreland District- Ord. No. 500 TENTATIVE AGENDA October 21, 1997 Page -2- 14] General Business A] Police and Fire B] Park and Recreation *1. Dasher Board Advertising Agreement 2. Lions Park Hockey Rink -tabled 10/7 3. Community Center Sign C] Community Development 1. Ordering Preparation of an Environmental Impact Statement(EIS) - CAMAS Minnesota, Inc., Shiely Division-Res.No. 4770 *2. Participation in Livable Communities Act Program for 1998 -Res.No. 4772 D] Engineering, *1. Adopting Special Assessments for Valley Park 13th Addition Improvements, Project No. 1996-8 - Res.No. 4773 *2. Adopting Special Assessments for Lateral Sanitary Sewer Extension East of French Trace, Project No. 1996-9 - Res.No. 4774 *3. Completion of Probationary Period- Dean Bisek *4. Setting Assessment Hearing for 1997 Street Overlay, Project 1997- 2, Res. 4767 *5. Setting Assessment Hearing for 1996 Street Reconstruction, Project No. 1996-2, Res.No. 4768 6. Setting Assessment Hearing for Downtown Alley Reconstruction, Project No. 1993-9 - Res.No. 4769 - memo on table Tuesday 7. Trunk Highway 169/101 Turnback-Res. No. 4777 8. Valley Paving Drainage Issues E] General Administration *1. Underground Storage Tank Leak *2. 1997 Budget Amendment- Res. No. 4766 *3. Minimum Wage Increase -Amending 1997 Pay Plan- Res.No. 4780 *4. Canceling Debt Service Levies for 1997/98 *5. City Clerk's Department Secretary 6. Shakopee Mdewakanton Sioux Community Fee to Trust Application- Res. 4781 *7. Artrain Costs 8. Scheduling Budget Workshop 9. Employee Assistance Program 15] Other Business 16] Adjourn TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting Tuesday,October 21, 1997 1. Roll Call at 7:00 p.m 2. Approval of the agenda 3. Approval of September 16, 1997 minutes 4. Financial: A.)Approval of Bills 5. River City Centre Clock Committee-presentation 6. Selection Committee recommendation of applicants to serve on Downtown/ 1st Avenue Revitalization Ad Hoc Committee 7. Other Business: 8. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION SEPTEMBER 16, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Bruce Loney, Acting City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. 1. Roll Call President Sweeney called the meeting to order at 7:01 P.M. Roll was taken as noted above. 2. Approval of Agenda Zorn/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of July 15, 1997, Minutes Henderson/Link moved to approve the August 19, and September 2, 1997, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Henderson/DuBois moved to approve bills in the amount of$93.63 for the EDA General Fund and $00.00 for the Blocks 3 &4 Fund. Motion carried unanimously. 5. Public Hearings - Blocks 3 & 4 A. Ground Lease between Shakopee EDA and Scott County HRA President Sweeney explained that the master lease is not in final form and is not available at the present time. The public hearing will be continued to September 30, 1997, and we will have it then. President Sweeney explained that the term of the ground lease commences on the closing date and ends October 1, 2037. Payments will be $1.00 per year until October 1, 2027, as long as the HRA owns the project. Fair market value will thereafter be determined by independent appraisers following the maturity date. Official Proceedings of the September 16, 1997 Shakopee Economic Development Authority Page -2- The public hearing for the ground lease between Shakopee EDA and Scott County HRA was opened. President Sweeney asked if there was anyone present in the audience who wished to address the EDA on this public hearing. Judy Case, 812 W 5th, Shakopee, approached the podium and asked if there is an anchor tenant or someone that would be renting a space before the project begins. She also asked whether someone would be renting from the master tenant. President Sweeney answered that the master tenant is renting the entire retail space and intends to have renters. Ms. Case then asked if the HRA has control over who the renters are. President Sweeney explained that the HRA would have no control over the tenants, however they would have to meet zoning requirements. Ms. Case then asked about restrictions on business district uses. Michael Leek said that there are some permitted uses and others which are permitted with a conditional use permit and requires a public hearing. He then listed general permitted uses in the central business district as: retail, public buildings, medical and dental clinics, administrative executive professional offices, class I restaurants (those that do not serve alcohol). Businesses that require conditional use permits would include: theaters, restaurants serving alcohol, commercial recreation, pool-hall arcades, veterinary clinics, and private lodges and clubs. He also said the Board of Appeals has the discretion to impose specific conditions beyond the design standards in the code. He said a conditional use permit would likely be granted as long as the design standards were met and there were no unusual concerns such as noise or traffic levels raised. Gary Morke, 1042 Merrifield, approached the podium and asked why staff was moving into a ground lease agreement before the developer's agreement is ratified. President Sweeney explained that the Council must ratify the developer's agreement and the EDA must ratify the ground lease agreement because the EDA owns the property. He added that this is contingent on Council approval of the developer's agreement. Ralph Lenzmeier, 212 5th Ave. W, approached the podium and inquired about the size of the area involved. President Sweeney said the project involves two one-half block areas. The bypass covers the north half of Blocks 3 &4. The south side of Blocks 3 & 4, and the vacated portion of Lewis Street between them is the area involved. Mr. Lenzmeier also asked who would control the tenants on the second and third floors. President Sweeney explained that the County HRA would manage the senior housing. B. Master Lease President Sweeney explained that because the master lease is not yet available, no final decisions would be made at this time; and that this public hearing will be continued to September 30, 1997, at which time the final form of the master lease will be available for consideration. Official Proceedings of the September 16, 1997 Shakopee Economic Development Authority Page -3- President Sweeney summarized the master lease, explaining that the term is for approximately 30 years, ending October 1, 2027. The lease is for 25,357 sq. ft. at $8.50/sq. ft. for the first 10 years, $9.50/sq. ft. for the second 10 years, and the third 10 years at $10.00/ sq. ft. The tenant has the right of first refusal. The retail lease will be a triple net lease with all expenses associated with the lease to be born by the tenant. The guarantors will guarantee payments to be made by the tenant, subject to a cap and equal to one and one-half years lease payments for the first year, and one years lease payments in subsequent years. They shall also submit a statement of account that their net worth is equal to $5 million. Payment by the rentals are currently scheduled to be in advance of the lease period. The first payment to the HRA is scheduled to be made on January 1999, and will be made for the first half years rent. The first bond payment, guaranteed by that rent, is due February 1, 1999. The second half of the payment will be made July 1, 1999, and the second bond payment on August 1, 1999. In response to a question relative to the net worth guarantee, Barbara Portwood, Leonard Street& Deinard, said the master lease is with the partnership created by Suntide which will be obligated to make payments to the HRA for 30 years. The guarantee is separate and individual guarantee with the partners to guarantee one and one-half years lease payments. Mark Ruff, Ehlers and Associates, Inc., approached the podium and addressed the issue of a personal guarantee. There is no letter of credit. Does the person have a good track record, does he have net worth, what are his assets and are they liquid? He said that based on his review, there is no indication of problems in the past. The personal financial statement of the major partner also shows sufficient liquid assets. President Sweeney explained that Ehlers and Associates were retained by the EDA for an independent analysis, and that they do not have an interest in the project. Gary Morke approached the podium and said it was his impression that a second entity was created and the partners were protected. He said he wanted to make sure the City was protected from loss. President Sweeney explained that the partners and/or shareholders are guaranteeing payment to the HRA and recourse would be with the guarantors. Ralph Lenzmeier approached the podium and asked about susceptibility to fire for the housing area. Frank Dunbar, Project Coordinator, said that the architect must assure that both areas meet all fire ratings before the structure is built. He said there will also be sprinklers throughout the building. Mr. Lenzmeier also asked if this would be subsidized housing. President Sweeney said this will not be subsidized housing and all units will pay full market rent. Official Proceedings of the September 16, 1997 Shakopee Economic Development Authority Page -4- In response to a question as to whether the master tenant has the right to assign his lease interest at any time, Barb Portwood said he could not do so without the consent of the HRA. The EDA also must approve it. Jon Albinson, 5240 Valley Industrial Blvd. S, approached the podium and said the structure to be leased is a shell. Provisions of financing provide the tenant with a $10.00 per square foot improvement allowance to induce tenants into leasing. He asked how this $250,000 tracks through the system. He asked if this is allocated in some type of escrow and can only be allocated specifically for the purpose of tenant improvements. Barb Portwood said the lease is still in the drafting stage and the tenant improvement allowance is under consideration. Mr. Dunbar has assured her that tenant improvements will cost a minimum of $10.00 per square foot, and for a number of uses the tenant improvement is expected to cost more than this and the master tenant will be paying the additional costs themselves. Jon Albinson asked about the possibility of using the tenant allowance for other purposes in the event a tenant does not need the improvement funds. Kathy Aho stated that the current draft requires that the funds be released per square footage for the leases provided and the entire amount could not be drawn for a single leased portion of the project. Mr. Albinson recommended that a clause be included in the lease agreement that allocates the funds specifically for tenant improvements. He said his concern is that the funds can roll back to the master tenant to use in making payments to the City or to pocket it. President Sweeney said this issue is under negotiation. Mr. Albinson also suggested a clause in the agreement that would provide an opportunity for the City to benefit if there was a windfall from reselling to another investor. In response to a question relative to parking, Pat Schroers, Tole Bridge, approached the podium and said additional parking has been accounted for in the plan. He said if there is a problem with parking, it is because business is good. He said he was not afraid of development because of parking issues and did not foresee a problem. Gary Morke, approached the podium and said he was concerned about the rush to do this project and that too much is being given away for what the City is getting in return. He said that TIF was being given away and asked how the river front was going to be developed. There being no further comments, President Sweeney continued the public hearing to September 30, 1997, at 7:00 P.M. for the master lease. Official Proceedings of the September 16, 1997 Shakopee Economic Development Authority Page -5- Zorn/Henderson moved to direct staff and the City Attorney to negotiate a ground lease consistent with the terms within the general format set forth. Motion carried 3-2 with Cncls. DuBois and Link opposed. 6. New Business - Blocks 3 & 4 A. Resolution approving Development Agreement between the Shakopee EDA, City of Shakopee and the Scott County HRA. Barb Portwood said the development agreement requires that the project will not move forward unless the City approves fmal financing documents. The housing project includes 52 units with underground parking with 52 spaces. Service parking available to the public with approximately 25,000 square feet of retail space. The agreement specifies that the EDA will retain ownership of Blocks 3 & 4 and enter into a ground lease with the HRA. The retail space will be leased to a master tenant as provided in the development agreement. Financing for the housing portion includes $300,000 in gross revenue bonds to be issued by the Housing Redevelopment Authority, $3,240,000 of Housing Redevelopment Authority Revenue Bonds backed by Shakopee's general obligation, and $1,470,000 backed by a portion of the HRA's Special Benefits Taxes on an on-going basis. The retail facility will be financed with $970,000 of HRA Gross Revenue Note issued to the City of Shakopee and $2,115,000 in HRA Tax Increment Revenue Bonds backed by a general obligation note of the City of Shakopee and $235,000 in bonds backed by the HRA Special Benefits Tax. Mark Ruff, Ehlers & Associates, Inc., approached the podium and said he was asked to review the information regarding the housing and retail portions of the project to comment on the project feasibility and the degree of risk to the City. He said he was unaware of any other projects in the area which combine housing and retail. Based on his review, he said the public entity is not typically handled the same as for the private sector. He said there is a longer term of debt and the risks in terms of cash flow are higher. However, he said risk is not necessarily bad. He said the only question he had relative to the housing was, who would manage it? Mr. Ruff said senior market developments like this, owned by HRA's in the metropolitan area do very well. The risks are the retail and housing combination and to prevent the potential for shortfall, the bottom line must be watched. Mr. Ruff recommended reducing the interest and issuance costs by shortening the term of the gross revenue bonds or to eliminate the gross revenue bonds to increase efficiency of use. He also recommended eliminating the bond funded debt service reserve on the G.O. Series B Bonds to reduce the amount of general obligation debt. The last recommendation was to alter the lease-up schedule to 12 months to meet the fall/winter lease-up schedule. Official Proceedings of the September 16, 1997 Shakopee Economic Development Authority Page -6- Mr. Ruff explained the retail risks. He said the review of Suntide's reputation gave no indication that the City is being too generous, but said perhaps the project is wrapped too tightly. He said the City's and the HRA's main concern should be, what kind of security is there to keep the master tenant involved in the project and not to allow or encourage them to walk away from it? Mr. Ruff discussed this project with other developers similar to Suntide. Their opinions were that the level of tenant improvements was reasonable, the rents in the early years were possibly tight but in the later years the developer had a potential to make some money in the long run. He said in general, the project has been set up to encourage the master tenant to stay for the long term. Mr. Ruff 's recommendations were to replace the variable rate gross revenue debt with a City funded loan which could be replaced with private financing within three to five years. The advantage would be that the City would be in control. Also, increase the general obligation debt if the City chose not to go with a loan; reserve some of the extra tax increment to provide extra cash flow, which could be used both in the retail and housing portions; consider eliminating bond funded debt service reserves due to increased costs, and consider a shorter prepayment call date on the G.O. Bonds. A discussion ensued relative to HRA's contribution. Kathy Aho, Springsted Financial, approached the podium and explained that the HRA contribution is through participation of limited tax funds backed by the Special Benefits Tax. She said she was unaware of any other annual contributions to supplement cash flows in this project. Bill Jaffa, Scott County HRA, approached the podium and explained the Special Benefits Tax and HRA's contribution. He said Shakopee's annual Special Benefits Tax contribution is approximately $145,000, of which$123,000 will be pledged to this project. He said it is the HRA's decision to pledge part of the levy to make this project work and as a way of reinvesting in Shakopee. Kathy Aho approached the podium to explain what the $123,000 supports in bond transactions. She said the HRA contribution supports $1,470,000 of bonds used to supplement financing for the housing portion. They are also providing $235,000 in financing for the retail portion. In response to a question as to why tax payers should subsidize a portion of the retail development, Mr. Jaffa said Tax Increment Financing provides economic energy and creates a ripple effect to further revitalize the downtown community. He said there will also be opportunities for community development block grant participation, historical tax credits, as well as other revitalization strategies. He added that the HRA has agreed that if there is any residual cash flow on their behalf, they will spend that money for housing related activities in Shakopee. Kathy Aho stated that the HRA contribution came about as part of the design elements that the design committee requested. Official Proceedings of the September 16, 1997 Shakopee Economic Development Authority Page -7- President Sweeney explained that Mr. Ruff's recommendations are intended to reduce the risk to the City and will change the September 12, 1997, draft. He said it has also been indicated that there is sufficient general obligation latitude to move the $300,000 on the housing side to bonds guaranteed by the general obligation, reducing the rate on the housing side by 1.25 %, speeding up the pay-off of bonds. Zorn/Henderson moved to accept the recommendation of Mr. Ruff to replace the variable rate gross revenue debt with a City funded loan under the retail component and to draft appropriate documents continuing to use this recommendation. Motion carried 3-2 with Cncls. Link and DuBois opposed. Henderson/Zorn moved to direct the development agreement negotiators to incorporate Mr. Ruff's recommendation#1.b. under the housing component portion of the draft agreement. (Eliminate the gross revenue - Series A Bonds and replace with an increased amount of tax-exempt general obligation tax increment bonds.) Motion carried 3-2 with Cncls. DuBois and Link opposed. Henderson/Zorn moved to postpone fmal consideration of the resolution of approval of the development agreement until September 30, 1997. Motion carried unanimously. B. Resolution modifying the TIF Plan for TIF District No. 10 President Sweeney explained that the City had determined the need to modify the TIF Plan for the TIF District to clarify and update the development plans and proposed expenditures. Zorn/Henderson moved to postpone action on modification#1 to Tax Increment Financing Plan for Tax Increment Financing District No. 10 to September 30, 1997, due to possible modifications. Motion carried unanimously. 7. Other Business None 8. Adjournment Henderson/Zorn moved to adjourn to September 30, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 8:59 P.M. 4.1) f() (Judith S. Cox, E.D.A. Secretary Esther TenEyck, Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: October 16, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 10/03/97 to 10/16/97 . Action Requested Move to approve bills in the amount of $696 . 67 for the EDA General Fund and $1, 124 . 80 for the Blocks 3&4 Fund. • • • E, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II H 0 0 0 0 0 0 O O O 0 O O O 0 11 0 • • • • • • • II W o 0 0 0 0 o O o 0 0 o O O 0 II r4 U m o r r o 0 r r r o 0 0 o N to O al Ln Ln o 1D 10 10 CO o m CO w E. • • • • • • H r H m N to Ln 10 1D 11D C' w d' C' H 0 1.0 N 01 01 01 0' N N N N N (13 L(1 '.0 10 1.0 H H H H 00 Q H H H H H H II X CA II CI) En II 000000 0 Ln H H 10 10 01 0 U] 10 00 00 O1 CO 10 a r r r r r r N CLI r- d awwC •C a+ W 000000 0 El 000000 0 aaa E-1 ,.1 ri) a a a m O aimm al Z 0 O 0 v] 0 H H H W\W CO a' a' a:4 3 41 43 a 4 Wx 0 41 g4 W z pm WE, aO H O x W Z Q U 4 0 Z 0 El 0 4 U a: E-1 1.00 0H v] ri4 W OUCH 4 41 x 0 a HES-' HC/) > -C m 'a' N (x H U O a Q CU7 a E, U HH 0 Q 41 2 2 .7 C .7 CW h > N H (6 E, U a' 4 0 O 01 N O1 1D 0 Z • m 0 H H 00 10 01 W H m N CO C' m 01 > N N m 111 H N H H 10 C' H 01 0 N N 0 C' m Ln U 10 10 r 1.0 10 10 W 10 10 10 10 1D 1.0 Z O Ln 10 Ln Ln Ln 10 C.] z 0 0 0 0 0 0 r r r r r N r- 01 01 01 01 01 01 01 0, 01 01 01 O1 01 01 D, H H H H ri H H L(1 1.0 111 10 10 Ln Ln W H H H H e-I H H 4 0 0 0 0 0 0 0 O H H H H H H H * * * * * * * * H in O1 01 01 01 H m 0 m * H H H C' 0 W i' O 01 * zQ Z Q i' X 0 zEa 0 Z I'D 000H00 F[,' H p 0 H 'e7. '•a CQ H H H N m 01 Ix CO CL H (1' CO CL .CC 0 N N N m m m 0 H m 0 H H C' C' 0 U C' C' C' C' a: > 0 (x H 0 HH 0 H H H H H H a Q CL 01 a 0 CL I3' • 01 O1 01 01 O1 01 m 0 C14 H H H H H H a a a w a 0. a 0 0 0 0 0 0 0 0 r•C 01 0 0 4 01 01 01 01 01 01 CL 0 O Gt.e CL H0 0 O 1-11-11-11-11-11-4 4 * 0 4 4 ' * O LnLO in Ln in Ln H H * 01 H H * 4' Z H H H H H H 0 0 * in 0 0 * * CL H H H H H H H H i' C' H H i' * DACIT ‘e-DA- CITY Y OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Presentation-River City Centre Clock Committee DATE: October, 16 1997 At the August 19, 1997 meeting, the EDA approved funding in the amount of$5,000 for the design costs for a clock to be constructed over the River City Centre skyway, with the understanding that there would be a substantial community-based fundraising effort,led by downtown businesses,to pay for the construction of the clock. Since the River City Centre project was approved by the EDA, City Council and County HRA, a volunteer "clock committee" has formed and met several times to plan the fundraising effort. Representatives of this committee will be making a presentation at Tuesday evening's EDA meeting. Paul Snook Economic Development Coordinator cick4mmo.doc 10/20/97 15:44 FAX 1 612 377 7089 DUNBAR DEVLPMNT -444 SCOTT COUNTY HRA 0002 If KRAUS-ANDERSON®CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION MANAGERS October 15, 1997 Mr. Frank Dunbar Dunbar Development Corporation 5000 Glenwood Avenue Suite 200 Minneapolis, MN 55422-5146 Re: Shakopee River City Centre Shakopee, MN Dear Frank: Kraus-Anderson Construction Company is ready and excited about the start of the River City Redevelopment Project, but, as previously discussed, Kraus- Anderson Construction Company needs to know the status of the clock tower. It is of great importance that the decision is made very soon due to the fact that the structural steel for this area has a long lead time in design, ordering, fabrication and erection. The erection of the skyway is critical in that many of the mechanical and electrical services are being fed through the skyway from building to building. If a timely decision is not made, this will impact the finish date of this project. I urge you to contact the Committee regarding the design of the clock tower and express Kraus-Anderson Construction Company's concerns regarding the decision on the clock tower. We will work with the team in any way to help in this matter. If you have any questions, please do not hesitate to call. Very truly yours, KRAUS-ANDERSON •N ► COMPANY David H. Rollins Vice President DHR/alm cc: Tom Dillon John Solberg Harry Olsen Minneapolis Division a:eicr,. s. 525 South 8th Street,Minneapolis,MN 55404 , C Phone:(612)332-7281 FAX:(612)332-8739 Equal Opportunity Employer �►0'. rmiummmia.. CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator Selection Committee for Downtown/ 1st Avenue Ad Hoc Committee SUBJECT: Selection Committee Recommendations DATE: October 16, 1997 Introduction The EDA is asked to consider the Selection Committee's recommendation for membership on the Downtown/ 1st Avenue Revitalization Ad Hoc Committee. Background: At its September 2nd Meeting, the EDA nominated 13 applicants to the Downtown / 1st Avenue Revitalization Ad Hoc Committee, and appointed a Selection Committee comprised of two EDA board members and city staff. The charge of the Selection Committee is to interview the applicants and select 7 Ad Hoc Committee members for final approval by the EDA. The Selection Committee completed the interviews and has designated the following applicants for membership on the Downtown/ 1st Avenue Ad Hoc Committee: John Gutteter, Scott County Historical Society Mark Kuechenmeister,Parkside Printing John Perry,American Family Insurance Jim Quiring,Pearson Florist John Roach,Attorney Carol Schultz, Shakopee Chamber of Commerce Bill Wermerskirchen, Bill's Toggery Options: 1. Offer and pass a motion to appoint the seven applicants designated by the Selection Committee as outlined above. 2. Do not offer and pass a motion to appoint the seven applicants designated by the Selection Committee., and provide further direction to the Selection Committee. adhocmo5.doc Page 2. Recommended Action: Offer and pass a motion to appoint the seven applicants designated by the Selection Committee. 4 f Paul Snook Economic Development Coordinator adhocmo5.doc OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 16, 1997 Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Bruce Loney, Acting City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Coordinator, and Jim Thomson, City Attorney. A recess was taken at 7:01 P.M. for the Economic Development Authority meeting. The meeting re-convened at 9:14 P.M. The following items were added to the agenda: 8.A. Canterbury Noise Concerns; C.2. Police Department Surplus Property; and 15. Mdewakanton Sioux Application for Land Trust Status. Item 14.E.3. City Code Amendment Relating to Licensing Massage Centers and Therapists, was moved ahead on the agenda to follow 13.A. Text Amendment to Zoning Chapter Regarding Home Occupations - Ord. No. 501. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following item was added to the Consent Agenda: 14.C.2. Police Department Surplus Property. The following items were removed from the Consent Agenda: 14.B.1. Authorize Advertisement for Bid for 16 Foot Rotary Mower; and 14.C.1. Minn. Dept. of Public Safety Grant for Car Prowl Reduction- Res. No. 4743. Sweeney/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers Link and Sweeney. Mayor Henderson had nothing to report for the Mayor's Report. Mayor Henderson reported receiving several calls regarding noise from the motorcycle event at Canterbury Park. He asked if there was anyone present in the audience who wished to address the City Council on this issue. Chief Steininger approached the podium and stated that a decibel reading was performed and ranged from 54 decibels at 8:23 P.M. at the Joe Zak residence at 5371 Eagle Creek Blvd. to a high of 76 decibels at 8:10 P.M. at the Eldon Reinke residence at 2569 Hauer Trail. The first complaint received by the Sheriffs Department was shortly before 10:00 P.M. A total of seven complaints were received between 9:45 P.M. and 11:17 P.M. Chief Steininger said that while the volume was significant, the complaints were more closely related to the hour. Official Proceedings of the September 16, 1997 Shakopee City Council Page -2- Randy Sampson, President and General Manager, Canterbury Park, approached the podium and stated he had also received complaints related to the event. He said Canterbury also conducted sound tests and that he had not seen the sound test results but said security observed the testing and the readings were very similar to those of the Police Department. He said up until 10:00 P.M., the levels were within the range stated in the ordinance. Mr. Sampson apologized for the complaints and said a letter of apology would also be sent to the neighbors. Mr. Sampson said this was a first time event and problems occurred early on due to the surface which created a delay. In addition, an accident occurred before the last race which created a significant delay. The promoter was responsive and reduced the number of laps in the final race, which ended at 10:47 P.M. He said he believed the complaints at 11:00 P.M. were mainly due to the number of motorcycles leaving. Mr. Sampson expressed concern for future events and said he is willing to work with staff regarding the PUD. He said that while interest in this event is high, the future of this event was unknown. He also said if this event were repeated, it would be scheduled earlier in order to be concluded by 10:00 P.M. Mayor Henderson recognized Commissioner Art Bannerman's presence and asked if there were any interested citizens present who wished to address the Council on any item not on the agenda. There was no response. Sweeney/DuBois moved to approve the minutes of August 7 and August 19, 1997. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to approve bills in the amount of $1,275,483.45. (Motion carried under the Consent Agenda.) The public hearing on the proposed issuance of$3,544,900 Scott County HRA Revenue Bonds/City of Shakopee General Obligation Bonds, Series B to finance the acquisition and construction of a 52- unit senior housing facility to be located on Blocks 3 &4 was opened. Pat Deering, 904 S Fuller St., approached the podium and stated that it would be nice to have a city park with possibly a gazebo, to be used as a community meeting center to bring back "a sense of community". She also suggested various activities that might be held. She suggested a compromise to incorporate the park idea into the design. Pat Schroers, Tole Bridge, approached the podium and read a petition from the 52 owners and employees in the business community, stating support for the downtown project, as is. He said he would also like the return of the "sense of community" but said, in his opinion, the downtown retail area is for downtown retail. Official Proceedings of the September 16, 1997 Shakopee City Council Page -3- There being no further comments or discussion, the public hearing was continued to September 30, 1997, at 5:00 P.M. The public hearing on Resolution No. 4745, Approving the Development Agreement with the County HRA, was opened. There being no comments or discussion, the public hearing was continued to September 30, 1997, at 5:00 P.M. The public hearing on Resolution No. 4746, Approving TIF Plan Modifications for District No. 10 was opened. There being no comments or discussion, the public hearing was continued to September 30, 1997, at 5:00 P.M. (Note: Some discussion on the proposed project was held during the E.D.A. meeting held earlier. Because some documents were not yet available, the public hearings were continued to September 30, 1997.) Item 14.C.1.) Minn. Dept. of Public Safety Grant for Car Prowl Reduction, was moved ahead on the agenda. Chief Steininger explained that for the last three years, Shakopee has been one of many cities that has been plagued with car prowls. He said a proposal was submitted to put plain-clothed officers on the street to address this issue. A grant application was accepted for $10,000 and for the City to receive the grant funds, the Council must pass Resolution No. 4743 which authorizes staff to enter into an agreement with the Minnesota Department of Public Safety for the Car Prowl Reduction project. A discussion ensued relating to man power and hours of operation. Chief Steininger said this would not reduce man power on the street, that this would be strictly overtime hours. The officers would likely be those getting off-duty at 1:00 A.M. or 2:00 A.M. who would work an extra hour or two. Volunteers during other hours would also be requested. Zorn/Sweeney offered Resolution No. 4743, A Resolution Authorizing the City of Shakopee to Enter Into a Cooperative Agreement With the Minnesota Department of Public Safety for the Project Entitled Operation Car Prowl Reduction, and moved its adoption. In response to a question as to documentation of overtime hours, Chief Steininger said the hours will be documented to track contract overtime and money for this project similar to the Cops Fast wages. Motion carried unanimously. Oficial Proceedings of the September 16, 1997 Shakopee City Council Page -4- Michael Leek reported staff has researched the approaches that other communities take relating to home occupations and presented them to the Planning Commission. The Planning Commission proposed making home occupation permit reviews administrative rather than requiring a public hearing. However, the drafted ordinance indicates that home occupations would be permitted uses with the administrative permit and tightens up the current criteria for review. The Planning Commission recommended approval of the ordinance with the requirement of notification to property owners within 350 feet of the site of the home occupation. A discussion ensued relating to the cost of obtaining the notification lists from abstract firms. Mr. Leek stated that the lists generally cost in excess of $100. He recommended the use of the GIS system once it is in place. Rochelle Baumann, 218 8th Ave. W, approached the podium and inquired as to the license cost. Mr. Leek stated that the current occupation permit is $100. He said staff could look into reducing this fee. However, he said, if adopted in the proposed form, the notification would be a large part of the cost. In response to a question relating to the use of GIS, Mr. Leek stated the software was budgeted for 1998. He said the County has some information but does not anticipate using this information until 1998. A discussion ensued relating to the 350 foot notification requirement. Jim Thomson explained that the 350 foot requirement is a state law and is reasonably calculated to provide information and produces more properties than originally thought. Mr. Leek was directed to bring this back to the Council when the GIS system is available. Zorn/DuBois offered Ordinance No. 501, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Regarding the Criteria for Granting and the Review Process of Home Occupations, and moved its adoption. Motion carried unanimously. Item 14.E.3. City Code Amendment Relating to Licensing Massage Centers and Therapists was moved ahead on the agenda. Judith Cox explained that staff was directed to prepare revisions to the City Code relating to the licensing of massage centers and massage therapists. The City Attorney has prepared an ordinance which includes the removal of language requiring the photographing and forger-printing of applicants for a massage therapist license, the addition of language to allow a massage therapist to operate a home occupation with a conditional use permit as opposed to requiring a massage center license in the general commercial district, and the addition of language to allow a bona fide health and sports establishment to operate with a conditional use permit as opposed to requiring a massage center license in the general commercial district. Changes relating to the clothing of the massage therapist were also requested by City Council. She noted additional changes in the prepared ordinance which include the elimination of a sports and fitness establishment to obtain a massage • Oficial Proceedings of the September 16, 1997 Shakopee City Council Page -5- center license as well as a conditional use permit as long as the massage is performed by a licensed massage therapist. The other change would allow the City Clerk to issue massage therapist licenses rather than require each application for license to go before the City Council. DuBois/Zorn offered Ordinance No. 502, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Pertaining to the Requirements of Obtaining a Massage Center License and Masseuse License and Amending Portions of Sections 6.40 and 6.41 of the City Code, and moved its adoption. Motion carried unanimously. The regular order of the agenda was resumed beginning with item 14.A.1. Sweeney/DuBois moved to extend the 12 month period for approval of the Preliminary Plat for Dominion Hills by an additional 12 months. (Motion carried under the Consent Agenda.) Michael Leek stated that Jon Albinson, Valley Green Business Park, approached the City with a concern that the amount of park dedication required for commercial and industrial plats was based on property values that were too high. Mr. Leek said he discussed these concerns and alternatives with Mr. Albinson. Mr. Albinson proposed park dedication fees in the amount of$2,500 per acre. The recently adopted fee schedule provides for $4,500 per acre for commercial/industrial. Mr. Leek recommended a park dedication fee of$2,500 per acre, payable at the time of building permit application. A discussion ensued regarding the consideration of a reduced fee of $2,000 per acre for Mr. Albinson. Mr. Leek explained that acreage within Valley Business Park is trading for significantly less than $4,500 per acre at this time. He also said Mr. Albinson is looking for an analysis to determine value. A recommendation was made to go with the $4,500 per acre and issue a credit if the analysis comes back lower. In response to a question as to how the $4,500 was determined, Mr. Thomson explained that the standard of park dedication fees is 10% of the land value; and $45,000 was determined to be the average fair market value for commercial/industrial land. The fee schedule was then set at $4,500. He added that under the City Code, the park dedication fee is determined by pre- development costs. He pointed out that the ordinance states land dedication of 10% of the fair market value of the land; or at the request of the party submitting the plat, the Council may determine the amount in cash payment. He said that changing the cash payment would not vary from the ordinance. Zorn/DuBois moved to deny a reduced park dedication fee to $2,500 per acre and to approve a park dedication fee of $4,500 per acre, payable at the time of building permit application, for minor subdivisions occurring in Valley Park 12th Addition, subject to a rebate, should the analysis reveal a lesser amount. Motion carried unanimously. Official Proceedings of the September 16, 1997 Shakopee City Council Page -6- Sweeney/DuBois offered Resolution No. 4742, A Resolution of the City of Shakopee, Minnesota, Granting a 20 Foot Variance to the 120 Foot Required Diameter of a Cul-De-Sac Resulting in a 100 Foot Diameter Cul-De-Sac in the Urban Residential (R-1B) Zone, and moved its adoption. (Motion carried under the Consent Agenda.) The following item was taken out of the regular order on the agenda: 14.D.1. Agreement for the Preserve Golf Course Tunnel. Mark McQuillan stated that on September 2, CityCouncil directed staff to draft a lease to allow the Preserve Golf Course to construct a tunnel and bituminous trail on park property. The Parks and Recreation Advisory Board reviewed the tunnel proposal and suggested including the six items addressed by Councilor Zorn. Staff also recommends a one-time lease fee of $1 and an annual Administrative Fee of$50 per year. These fees will cover staff's time to review the insurance policy each year. The $1 lease fee is consistent with the agreement the City has with Stonebrooke Golf Course and eliminates the need for filing tax forms on revenues collected. The agreement also included a $1 million liability insurance package. Mr. McQuillan recommended adding a clause which states "$1 million or such higher amount as required by state law". Sweeney/DuBois moved to authorize the appropriate City officials to sign the Limited Use Agreement with the Preserve Golf Course, incorporating a clause stating "$1 million or such higher amount as required by state law". Motion carried unanimously. A recess was taken at 10:45 P.M. The meeting re-convened at 10:54 P.M. The regular order of the agenda was resumed, beginning with item 14.B.1. Authorize Advertisement for Bids for 16 Foot Rotary Mower. Bruce Loney explained that specifications needed to be prepared for a 16 foot rotary mower, since neither the State nor Hennepin County had a large mower on their bid list. The City must also advertise for sealed bids since it will be over $25,000. The budget amount for a large rotary mower was estimated to be $60,000 including trade-in of the 1987 Jacobsen mower. Sweeney/Zorn moved to authorize staff to advertise for bids, as per the specifications, for a 16 foot rotary mower. Motion carried unanimously. Sweeney/DuBois moved to authorize the purchase of a box, hoist and sander for two single-axle dump trucks at a purchase price of$22,210.23, per truck, from Crysteel Truck Equipment; and the purchase of a plow and wing assembly at a purchase price of $12,845.79, per truck, from J-Craft, Inc., with the purchases to be paid from the Internal Service Equipment Fund. (Motion carried under the Consent Agenda.) Official Proceedings of the September 16, 1997 Shakopee City Council Page -7- Sweeney/DuBois moved to direct staff to remove the stop signs on Horizon Drive and install the stop signs on Muhlenhardt Road at the intersection of Horizon Drive and Muhlenhardt Road (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4738, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Valley Park 13th Addition Improvements Project No. 1996-8, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4739, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9, and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney explained that the project costs to complete the Sarazin Street project are over the feasibility report estimate by $866,677.65, due to the initial bid which was over the feasibility report estimate for construction, interest costs for project financing for cash flow and interest on bonds, land acquisition costs and trunk water fees. Zorn/Sweeney offered Resolution No. 4740, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Sarazin Street, Between 4th Avenue and County Road 16; Roundhouse Street, Between 4th Avenue and County Road 16; and 4th Avenue, Between Shawnee Trail and Sarazin Street, Project No. 1994-10, and moved its adoption. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4741, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8, and moved its adoption. (Motion carried under the Consent Agenda). Bruce Loney explained that the Upper Valley Drainage Project (1993-3) was started in 1993 and was a major project. The contract was awarded to Ryan Contracting for $2,088,468. Because the contractor is claiming additional compensation of$179,112.15, which would be over the authorized contingency amount and is a major change order, the Council needs to approve the change order. Staff and the City Attorney have met with Ryan Contracting and their attorney regarding their five claims. After meeting with them, the total agreed amount is $57,250. He said OSM has agreed to pay $2,500 for a staking error. The Hauer Trail and Jasper Road mobilization cost due to gas main conflict, and the extra work for storm sewer cleaning are believed to be eligible for cost participation from Mn/DOT. Mr. Loney said $69,000 remains in the capital project fund and the agreement is reasonable. DuBois/Zorn moved to authorize the appropriate City officials to execute the necessary documents to accomplish the settlement of claims, in an amount not-to-exceed $57,250 with Ryan Contracting, Inc., on the Upper Valley Drainage Project No. 1993-3. Motion carried unanimously. Official Proceedings of the September 16, 1997 Shakopee City Council Page -8- Sweeney/DuBois moved to declare items listed as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. (Listed in memo dated September 15, 1997, from Chief of Police - Document No. CC-256 ) (Motion carried under the Consent Agenda). Mayor Henderson stated that he and Cncl. Sweeney met with Mark McNeill to discuss Councilmembers reviews of his performance, and overall, the ratings were excellent to outstanding. At Mr. McNeill's request, his salary was removed from the step pay grade in the pay plan to make him neutral in contract negotiations. In discussing Mr. McNeill's salary, Mayor Henderson and Cncl. Sweeney recommended that a salary be set for the upcoming year at $72,900. This represents a 3.36% increase. Sweeney/Link moved to approve a salary adjustment for the City Administrator to $72,900, effective July 22, 1997. Motion carried unanimously. Michael Leek stated he has been working on changes to bring the City's personnel policy in line with the Federal Family and Medical Leave Act (FMLA). Changes are included in Resolution No. 4736. Sweeney/DuBois offered Resolution No. 4736, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting a Personnel Handbook, to Revise the Provisions Relating to Family and Medical Leaves, Parenting Leaves and Unpaid Leaves, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to approve the application and grant a Pawnshop License to DRM LLC of Shakopee dba American Pawn Brokers, 450, West 1st Avenue. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to approve the application and grant a Pawn Broker, Precious Metal Dealer and Secondhand Dealer's License to Daryl Harry Shiber, Robert Charles Hartshorn Jr., and Mark Andrew Pearson, DRM LLC of Shakopee dba American Pawn Brokers, 450 West 1st Avenue. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4737, A Resolution Changing the November 4, 1997, Council Meeting Date to Wednesday, November 5, 1997, at 7:00 P.M. and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to waive the 30 day review period for the application for exemption from lawful gambling license by the Shakopee Chamber of Commerce for a raffle on October 23, 1997, at Best Western Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota. (Motion carried under the Consent Agenda.) Official Proceedings of the September 16, 1997 Shakopee City Council Page -9- Mayor Henderson stated that the Land Trust Application has not formerly been presented to the City and the BIA has not taken any action. Only courtesy copies were received. The time will begin as soon as formal notification is received. Cncl. Zorn stated that Commissioner Art Bannerman, has agreed to bring this subject before the County to ask if they would join Shakopee in opposition of the 500+ acres being placed into trust status. Zorn/ DuBois moved that staff be directed to prepare a letter to the Attorney General, stating that the City is opposed to placing 593 acres of land in Shakopee into land trust status, with a copy to Governor Arnie Carlson, Representative Becky Kelso, Senator Claire Robling, and Ralph Malz, Chairman of the County Board, and asking for their support. DuBois/Zorn moved to amend the motion to include sending copies of the letter to the Federal Legislators. Motion carried unanimously. The main motion, as amended, carried unanimously. Link/Sweeney moved to adjourn to Tuesday, September 30, 1997, at 5:00 P.M. Motion carried unanimously. The meeting was adjourned at 11:20 P.M. eg c0 4.a?c_ ors ith S. Cox City Clerk Esther TenEyck Recording Secretary CONSENT CITY OF SHAKOPEE , Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: October 16, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 10/16/97 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $1, 817.50 . Action Requested Move to approve the bills in the amount of $910, 591 . 12 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/16/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 130 35,652 40 12 CITY ADMINISTRATOR 249,980 11,844 138,756 56 13 CITY CLERK 166,720 10,671 124,232 75 15 FINANCE 322,780 16,551 242,852 75 16 LEGAL COUNSEL 217,320 12,967 125,094 58 17 COMMUNITY DEVELOPMENT 451,290 21,913 296,609 66 18 GENERAL GOVERNMENT BUILDINGS 146,940 6,824 111,128 76 31 POLICE 1,703,140 111,703 1,341,700 79 32 FIRE 448,990 64,919 331,805 74 33 INSPECTION-BLDG-PLMBG-HTG 245,070 15,062 185,807 76 41 ENGINEERING 425,780 26,416 279,983 66 42 STREET MAINTENANCE 781,860 29,214 536,711 69 44 SHOP 126,540 10,537 92,379 73 46 PARK MAINTENANCE 350,420 23,293 237,159 68 91 UNALLOCATED 622,630 245 1,018,241 164 TOTAL GENERAL FUND 6,348,870 362,289 ' 5,098,108 80 17 COMMUNITY DEVELOPMENT 496,770 517 315,351 63 TOTAL TRANSIT 496,770 517 315,351 63 19 EDA 140,580 4,455 84,202 60 TOTAL EDA 140,580 4,455 84,202 60 H a) 111 a a za as as a s as xxxxxxXMZ x x x x x x x x MX FCC H HH HHHHHH 000000000 0 0 0 0 0 0 0 0 00 X a W 0 PI aX z 0 Z CI) Nr U al o1 H N 0.0 r r r r r r HHH H H H H H H H N (Si O 01 HH 01 01 01 01 01 01 11)10 10 CO VD LO 14)CO t0 a0 (Si N ma O 1.0 t0 LTrn a0oa 00000.0 NNr.NNNNNr M r H r r N N N CO 4-4 111 r r M M M M M M d1 d1 d1 w d/d1 cN d1 d1 0 d1 r t6 w d1 t6 d H O HH 01 01 01 01 01 Cl 00000 0 0 0 0 01 O 1.0 O co N 0 O al 01 O in Ul 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 - M O H 0 N H 0 O 1.11 t0 O LO W HNMTVln HHHHHHHHH O H - O H O O 0 O O 0 El M co M O co co co co co N N N N N N N N N H r CP N (Si H (Si d, dI d1 ZP: N Mr cr00000 MMMMMMMMM (Si W CO (Si N N U1 N NN 01 d1 d1 M (410.10.1010.1C11 d1 d1 d1 d1 d1 d/d'd1 d' d. 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CITY OF SHAKOPEE I .Z • ], Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Fuller Street Improvements, from 10th Avenue to Vierling Drive, Project No. 1995-8 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4775, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed and all project costs identified. These final project costs are $690,564.93 which consists of construction costs, right-of- way costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $448,825.49' Assessments Street Oversizing, Trail $222,223.78 Capital Improvement Fund/ & Street Reconstruction State Aid Funds Watermain Oversizing $ 8,868.76 Shakopee Public Utilities TOTAL PROJECT COSTS $679,918.03 Fuller Street was designated as a State Aid collector after the realignment of C.R. 77 to Fuller Street. Fuller Street was constructed to State Aid Standards with the City paying for the street oversizing above a Local Street Standard and also the bituminous trail as per policy. Fuller Street was reconstructed from 10th Avenue to 11th Avenue and was a new paved street beyond 11th Avenue to Vierling Drive. Fuller Street was realigned to Apgar Street(C.R. 77), as part of a Cooperative Agreement with Scott County. Attached to this memo is an agreement between Gold Nugget Development and buyers of property in Meadows West on payment of assessments by Gold Nugget. Also attached is a letter of assessment appeal from a property owner in Meadows West 3rd Addition in which there are funds escrowed for this assessment. Staff was contacted by a resident questioning whether they should be assessed for this project. Staff did determine that they should be assessed, but upon further review did revise their assessable front footage. The assessment roll for this project is attached for Council review and approval. The feasibility report estimate for this project was at $892,261.30, compared to a final project cost at $679,918.03, due to lower construction bids and trunk storm sewer costs not included in this final project cost. The City has recently adopted a Trunk Storm Water Charge in which Meadows North has been charged for$65,120.00 in fees. Since Meadows North has paid for the trunk storm water facilities, via the new Trunk Storm Water Charge, the trunk line through the Civic Center site does not need to be included for assessments. ALTERNATIVES: 1. Adopt Resolution No. 4775. 2. Deny Resolution No. 4775. 3. Table Resolution No. 4775. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4775, A Resolution Adopting Assessments for Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8 and move its adoption. Bruce Loney Public Works Director BL/pmp MEM4775 RESOLUTION NO. 4775 A Resolution Adopting Assessments For Fuller Street, From 10th Avenue to Vierling Drive Project No. 1995-8 WHEREAS,pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Improvement of Fuller Street, from 10th Avenue to Vierling Drive by grading, curb & gutter, storm sewer, sidewalk, sanitary sewer,watermain and appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Mumesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk OCA-bbef'711619-- pck-Ery id S. cox , Ei-Rf Clic -I. ate, Ci hir\o a cv\(*e s-1-6,n+ and an a.f:pa -tb -h2 propp3ed proAjcce no . 1901s-8,-1- tee. have, Ire* -Fob Ctrd sill am Hyl i --Por necu Si ''ee-s, sem' als--cms ,aM de.Gooks by4t 6vir nem horru. ivi Int , Ssa'+ ke_Jr-Q, Syne, deftir place -Funding fir —his projtd can c mc., �r�� such 1A-ory --ma or -u�e� �e are a.��'eady �yi k-Ecir ua -Fhe c.r� of Sha,k_q2t can GtforG -(> pal- fleu) 5ec3-ibn -fir +lie Ccun�y C,otAr--l(\oue and commenrlrkl C2rrtr. .,)19?C6.v1'+ i-f- pl.y fog S-tr'ee�S ,cu(Os) Sid2Wo.1lcs, Cind 3ewer a)IS�. which ove,rvonuses ' uS+ Vt�v.� �ornesZn IUoVem�r' a, y.�.oO1 rthronduvn .s asp belni pr our w-e- PO‘y -Fvr �-�tea2 extra +s? :L Know I ctrn already pcupri :201r -i-Kam aid mill oe con-I2luall poky tq -For4.huT -f-hrouuf which are, a.ItreArJv oiktr'ajeaAS, er ap}bi-, -1 WL is why afe Re,0 deveicprnnl-s The on\y 6�e� Yinq asr)esSed Jen eUPxvOa in She, uses `tbt,tst sr�� aid side.ti)a16cS -o dviutoalk, and bike, or,,"1, amCir fou, to V'eu_r6icler *is pa)po:oi aS ik wocAld bc, 10(y lV'jVhP- r'a our liVe(ihOb - iiECe1VED NiQ.,IA) QidiiT) YOIAY1WOr,S4-- OC? 1 31997 �p,miny CITY OF SHAKOPEE JOIflJV/ZJ ' aZ2 10/14/97 10:20 NOUAK-FLECK 4 612 445 6718 NO.431 5102 AGREEMENT r THIS AGREEMENT,Made this 30th day of December, 1996 , ,, by and between GOLD NUGGET DEVELOPMENT, INC. parties of the first part,hereinafter referred to as Sellers,and N/A parties of the second part,hereinafter referred to as Buyers,WITNESSETH: WHEREAS, Sellers have sold to Buyers real property legally described as follows,to-wit: ALL 31 LOTS IN MEADOWS WEST 2nd ADDITION AND 31 LOTS IN MEADOWS WEST 3RD ADDITION (PORTION ONLY OF MEADOWS WEST 3RD) AND WHEREAS,searches obtained from the Office of the County Auditor and(or)the City in which said land is located indicate *pending*or proposed special assessments as follows,to-wit: TOTAL ESTIMATE FOR FULLER STREET PROJECT: $45,561.97 which are not now a lien and cannot now be paid, and the exact amount of which cannot be determined at this time; AND WHEREAS, Sellers agree to pay said assessment when it becomes a lien and can be paid, and desire to establish an escrow for that purpose with Old Republic National Title Insurance Company,hereinafter referred to as Title; NOW THEREFORE,In consideration of the premises and the mutual covenants of the parties hereto: 1. Parties agree that the sum of$ 45,561.97 is to be deposited by Sellers in escrow with Title, to be used by Title to pay said assessments when they can be paid, and in the event said sum is insufficient to pay the full assessments when they become a lien, Sellers agree to promptly pay any additional amount that may be required. All funds so deposited and not needed to pay assessments are to be refunded to Sellers,after assessments have been paid,except Title may withhold its escrow fee of$25.00. 2. Paries understand that the assessing offices mail notice of the assessments when spread and payable, to the owners or occupants of the property, but that said notices are not mailed to Title. Parties agree to assume full responsibility to notify Title when this assessment is spread and may be paid. They further agree that Title is not to be held liable for any late charges, interest or penalties which may be added to the amount of the assessment if not paid in the time allowed. GOLD NUGGET DEVELOPMENT, INC. All filk BY: s AT1 `Ifamir OLD REPUBLIC TITLE INSURANCE COMPANY does hereby acknowledge receipt of$ 45,561.97 to be held for payment of assessments in accordance with the above agreement. SELLER'S FORWARDING ADDRESS: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 8857 Zealand Avenue North }��_ Brooklyn Park MN 55445 By S/v`.A2L. k CHRIS HUD533-0\ — 533-0 0 **DEPOSITED INTO FILE AOR919066 OaeT 0431010a \f)t P,t-N.K .rEnn �, /'� t'' O()wg L. T 2 A (313 H y :-,''' ST. 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W 0 CO N (NO a (W NOTICE OF INTENT TO APPEAL TAX ASSESSMENT TO THE CITY OF SHAKOPEE: This is to inform the City of Shakopee that LeRoy and Darlene Menke intend to appeal the tax assessment of the Fuller Street Project 1995-8. The property located Sect-12 Twp-115 RNG-023 1 2 115 23 .27 N 72' of S 1 32' of E 165' of SE 1/4 NW 1/4 LeRoy Menke Darlene Menke 1185 Shumway St. Shakopee, Minnesota 55379 ( QQL /0 :2l-l�� 6 . CITY OF SHAKOPEE , Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Summary of Discussion Items for Sarazin Street/ Roundhouse Street/4th Avenue, Project No. 1994-10 DATE: October 21, 1997 DISCUSSION: This memo is a summary of the discussion questions for the assessments on the above referenced project and as stated on the attached memorandum: 1. Box culvert assessment - The box culvert assessment is proposed to be $189,802.64 as compared to newly adopted Trunk Storm Water Charge, if applied to Prairie Bend of $190,575.00. 2. Project costs within jury award not to be assessed. Legally all costs are assessable. Council could consider absorbing the costs above and beyond what was anticipated, prior to the jury award,and pay these costs with the State Aid Funds. 3. Staff would recommend a reapportionment of assessments on Klingelhutz property to meet escrow shortfalls on housing units already closed. 4. TIF or Tax Abatement to pay for assessments is a Council policy decision. 5. Upon further review, staff is recommending that the K.C. Hall sewer be considered an individual sewer service and would pay a 50% sanitary sewer assessment rate for a sanitary sewer main line as per policy. The other 50% of the sanitary sewer assessment is paid with Sanitary Sewer Enterprise Funds. 6. A new corner lot adjustment policy should be applied to the large high density residential and commercial lots to allow for an allowance credit similar to other Cities. Staff recommends Council direct staff to prepare a policy for adoption at the next Council meeting. 7. Adjustment to Assessment Roll • Credit River PACT watermain credit for previously installed watermain on C.R. 16. • Universal Wood Products&Viking Steel Products trunk water charge correction • Klingelhutz lateral sewer area reduction for C.R. 16 sewer. • K.C. Hall sanitary sewer 50%assessment rate. These adjustment will reduce the assessment on those parcels mentioned, however, it will increase the assessments to others. Staff will bring back a revised assessment roll for Council adoption based on Council direction on these items. CITY OF SHAKOPEE 121 Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Additional Information on Adopting Assessments for Sarazin Street/Roundhouse Street/4th Avenue Project No. 1994-10 DATE: October 21, 1997 INTRODUCTION: A public hearing has been scheduled on October 21, 1997 at 7:45 P.M. to discuss the assessments for the above referenced project. This memo will deal with the discussion items listed on the previous memo on this project. DISCUSSION: Staff had included several questions for Council to consider and provide direction in order to finalize the assessment roll for this project. • Question No. 1 - Box Culvert to be assessed to the Prairie Bend Development and whether the cost should be reduced and assessment adjusted accordingly. Attached to this memo is an attachment showing the box culvert assessment cost to a storm water trunk charge on the Prairie Bend Development. As you can see from the attachment these two costs are essentially the same. Also attached is a copy of the previous Council memo changing the policy on box culverts crossing the Upper Valley. This policy change requires that the City pick up the additional length for the box culvert, when the street is over sized such as Sarazin Street. The City did pick up 20 feet of the box culvert, per this policy. • Question No. 2 - Are there any other public costs such as the Ryan lawsuit award that the City should pay for that are currently being proposed to be assessed. Staff did check with the City Attorney, and he has commented that the lawsuit award and all costs associated with that action are legally assessable. The question of whether or not the City wishes to absorb more of these costs is a policy issue. • Question No. 3 - Should the City reapportion the assessments to Klingelhutz property in order to meet the escrow shortfall on housing units already closed. The answer is that the City can reapportion the assessments to certain lots within the development at the developer's request. The reapportioned assessments to Outlot E or soon to be Prairie Bend 3rd Addition would not be any higher than the assessments proposed for Phase I of the Klingelhutz townhouses, and staff would support and recommend that the reapportionment be done. • Question No. 4 - Should the City consider Tax Increment Financing or Tax Abatement in order for the Credit River PACT parcel to move forward on the Eagle Ridge 1st Addition development. This is a policy issue on whether to use this financial method to keep the project moving forward. On the use of either of these particular items, to essentially capture the taxes in order to pay certain portions of the assessments, certain procedures must be followed and requirements met in order for either method to be utilized. • Question No. 5 - Should the Knights of Columbus be assessed for public sanitary sewer to replace a private sewer line on 4th Avenue. The City does have a Sanitary Sewer Policy, in which properties that have existing private sanitary sewer services that do not have main line sewer adjacent, across or up to their property lines, will pay 50% of the assessment rate for new main line sanitary sewer. The other 50% cost of the sanitary sewer main is usually paid by the City's Sanitary Sewer Fund. This particular situation could be viewed as an individual line and is being replaced by a sanitary sewer main, thus the sanitary sewer assessment could be reduced to 50% of the assessment rate. • Question No. 6 - Staff also has a policy question on this assessment roll and that being on corner lot adjustment for large parcels that utilize both streets for access and have higher property value associated with improved traffic frontage greater visibility. Staff did not provide a corner lot adjustment for parcels on this project for the following reasons: 1. The parcels are zoned either high density residential or commercial. 2. Parcels abut either a County road or previous County road, in which no street assessment was done when the street was initially constructed. 3. The parcels are much larger than a singe family residential lot, in which the current Assessment Policy seems to be written for. Staff has done further research on corner lot adjustment with other Cities and have concluded the following: 1. All Cities contacted provide for a small allowance credit on corner lots for larger lots that are zoned other than residential. 2. A credit method is allowed on lineal method or front footage methods only. 3. A credit allowance can be based on the setback of the property or to a calculated length up to a maximum credit length. In this particular project, front footage assessment method was utilized for the street, sidewalk and watermain assessments. A credit could be allowed for the street and sidewalk assessments, as these assessments are determined by the City. The watermain assessment is determined by Shakopee Public Utilities. Staff would recommend that a new policy be written for corner lot adjustments on parcels other than single family residential lots. This concludes the memorandum on discussion items for the assessment hearing scheduled for tonight and staff will present this additional information at the public hearing. nice Loney Public Works Director BL/pmp INFO . . i s : 4. • ♦ ♦ • • •t• Cis. J:CD �, .rd bd � _ C14 • •� :.:• ' . 7 'es **04,4%."44 .> E. _VA mo/• : ^ < j :,• R t1w101 fi • , y s :, r , ,...c. rh t �-h F . , I : :< II II � S •. Lam.. , Q O � . IG *>+' . (7.1., : ,..... +ft, + • VJ ., ,,yam r» o' _ � ` , CO :.t . E l7i w N ,.: , .:. •t ♦ } si y .. •t " • • M • ♦ y t Ni { t: 4• t .k t r : • a . t• w ; • Y. CONSENT icz MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer fl SUBJECT: Box Culvert Assessment Policy DATE: July 11, 1995 INTRODUCTION: Attached is Resolution No. 4244, a resolution amending the Special Assessment Policy to include a policy for box culverts. BACKGROUND: On May 16, 1995,the City Council adopted a policy for assessing box culverts based on a local street width basis, with the oversizing costs (if any)being paid for by the City. The Special Assessment Policy was adopted by Resolution 3735 on January 19, 1992, and must be amended by City Council resolution. The attached resolution amends the Special Assessment Policy in accordance with City Council direction on box culvert assessments. ALTERNATIVES: 1. Adopt Resolution No. 4244. 2. Deny Resolution No. 4244. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4244, A Resolution Amending the Special Assessment Policy and move its adoption. j:\eng\user\pat\councinmem4244.mo RESOLUTION NO. 4244 A Resolution Amending The Special Assessment Policy WHEREAS,on January 19, 1992,the City Council of Shakopee adopted the Special Assessment Policy by Resolution No. 3735; and WHEREAS,the City Council desires to amend the Special Assessment Policy. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: The Special Assessment Policy is hereby amended as follows: 1. In Section X, add a New Section, J as follows: J. Box Culvert Crossings of the Upper Valley Drainageway Box culvert crossings of the Upper Valley Drainageway due to development will be assessed to the developers at the local street equivalent. All costs necessary to size the culvert at collector street width rather than local street width shall not be assessed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney SEENINAI Suite 608.4940 Viking Drive•Minneapolis,Minnesota 55435.612-835-2808 CORPORATION March 10, 1995 OP AIgRd y41r 3 Bruce Loney, P.E. 199 e , Director of Public Works <.‘, [� City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: Sarazin/Roundhouse St. Project Dear Bruce, Thank you again for your efforts on the above project:It is clearly in our best interest if this project can be ordered at the 3/21/95 Council meeting. Anything you could do to meet that date would be greatly appreciated. Sincerely, (/------) (-.• -- ' ) 1>/ James' . Johns on P4e, tManager 1!i om Ryan, Ryan Contracting JJ/1 Planners • Developers • Contractors • 3, Suite 608 4940 Viking Drive•Minneapolis,Minne CORPORATION October 17, 1997 Ms. Judith S. Cox City Clerk City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Re: City of Shakopee—Assessments for Sarazin Street,between 4th Avenue and County Road 16; and Roundhouse Street, Between 4th Avenue and County 16; and 4th Avenue, between Shawnee Trail and Sarazin Street Dear Shakopee City Council, City Clerk and/or Presiding Officer at the October 21, 1997, Assessment Hearing The undersigned, owner(s) of property included in the above-captioned assessment ("Assessment")or aggrieved party, is responsible for payment of all, or a portion, of the proposed Assessment. We hereby object to the City's assessments. This Assessment for City Project No. 1994-10 is heard by the City Council on October 21, 1997. The undersigned hereby objects to the proposed Assessment pursuant to Minnesota Statue § 429.061 Subd. 2 and notice of public hearing on proposed Assessment, as on the proposed assessment roles of the City of Shakopee, Scott County, Minnesota. Sincerely, Bruce G.Nimmer President OCT 171997 CITY OF SHAKOPEE Planners • Developers • Contractors October 19 , 1997 Ms. Judith S. Cox City Clerk City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Re: City of Shakopee—Assessments for Sarazin Street, between 4th Avenue and County Road 16; and Roundhouse Street, Between 4th Avenue and County 16; and 4th Avenue, between Shawnee Trail and Sarazin Street Dear Shakopee City Council, City Clerk and/or Presiding Officer at the October 21, 1997,Assessment Hearing The undersigned, owner(s) of property included in the above-captioned assessment ("Assessment") or aggrieved party, hereby object to the City's assessments. This Assessment for City Project No. 1994-10 is heard by the City Council on October 21, 1997. The undersigned hereby objects to the proposed Assessment pursuant to Minnesota Statue § 429.061 Subd. 2 and notice of public hearing on proposed Assessment, as on the proposed assessment roles of the City of Shakopee, Scott County, Minnesota. Sincerely, f Address: /-2 /IS Per-0.14 roc" C4/i0 r (IJG aivA; . 'LL(2� Address: f7 til) {JG 2 u�'r r,,). Sauk RECEIVED OCT 201991 CITY OF SHAKOPEE GALEN L.BRUER THOMAS H.CROUCH JOAN C HUGHRANDY A SHARBONO MQUWD.FLASKAMPMARK BLOOMQURD.MAS L.AARD MEAGHER KERRY M.EVENSEN THOMAS L.ADAMS ROBERT L.GRAFT DAVID B..RILEY D BARBARA A.ZUREK GARY W.HOCH ER. BRIAN R SATTLER JAMES M.RILEY ARBASTACA. .OMAN ZUREKJAMTSF.GROEGGE r, P.L.L.P.— RICHARD L.PEMBE�NJR. j.RICHARD BLAND �_� THOMAS E.PROPSON KEN R GREGORY STEPHENS A ,I, • LAW PR1TI R PA'IEL DONALD CHANCE MARK,IR SUSAN M.RADDE ROBERT M. AGSTR ATTORNEYS CECILIE MORRIS P. PATEL Ngo-(W.DODGE JOSEPH SCH DDE GARY LM.JON S STREET PETER G.RRIS LOIDOLT DOUGLASUC.J.MUI ANA 33 SOUTH S�cTH CHROSE PHWE.SCH ITT: BRADLEY E JONES 4200 MULTIFOODS TOWER JAY M.NNOMP DN TT J H. BECK R MINNEAPOLIS,MN 55402-3788 AARON B.LA1 ) N CHARLES E.SALMONEK S JEFFREY M. TRUDEAN CHARLES R. F BECKER PHONE:612,338.0661 A.LISA MERKUNB.LEWIS ATTO ROBERT E.M. ART FACSIMILE:IILE:612.33848384 EERRY ESH EAU ROBERT R.FAFJR MEAGHER.COM JOS MAI.IDELCHALL OLEY WILLIAM M.H DLEY NET:�jyjGMAIL. CINDY A. LAURAJ.EY H LERNERO DAKOTA, SEAN ANDEL CHALL RI TIMOTHY W.HAGENGEMEMBERS ALSO AUTHORIZED TO PRACTICE LAW IN MICHIGAN, LIFORNIA MAIN Y.L DAVIS JOHN J. I'IAAISON SOMETSCKANSAS, CONNECTICUT.TEXAS, NICHOLAS A.GUMPEL WISCONSIN. MISSOI L MARKRODGI A. KATHERINE A.TENUTA JOHN J MEAGER LD,JR HELEYMARIA DIRECT DIAL NUMBER SHANNON RI M.McBRIDE I RpM.McY IC NOBLE MICHAEL D. 'BRIE TENS DAWN E.ZUGAY LE KARL].YEA GER MICHAEL R MOLILE GH MARY M.L.O'BRIEAI DA J.JOHNSON CHRISTIAN A. WOLTER (612)347-9105 DAVID C. .MOLL E AGREIN KERRY L.MIDDLETON SUSAN R ZWASCHKP. OF COUNSEL 1 997 JOSEPH I.FI'ITANTE'JR MARKN E.MEAGC. RENNAN October 20, C.D.KNUDSON I.E.MEAGHER 1905-1979 ARTHUR B.GEER 91908-1 B.B.MARKHAM• HAND DELIVERED Ms. Judith S. Cox City Clerk CITY OF SHAKOPEE 129 Holmes ee Shakopee, MN 55379-1351 Sh Universal Forest Products Midwest Company, Inc. Re: Notice of Proposed Assessment Parcel I.D. #27-906052-0 Our File No. 51043-1 Dear Ms. Cox: Inc., a taxpayer for This letter shall serve as our client's written t No. is office represents Universal Forest Products Midwest Compan , Th arcel I.D. numbe the above-referenced p 24, 1997, for prof objection to the proposed assessment notice dated Septemberro osed Ci of Shakopee proposed to assess costs of$53,820.92 to t the above-referenced By said notice, the City above-refere nced parcel. The bases for our client's objection tote p assessment are as follows: sewer and watermain, the parcel is already served by sanitary 1. The subject was purchased. The available cost of which was paid when the property sewer an and watermain service is adequate to serve the entire property. 0 Ms.Judith S.Cox City Clerk CITY OF SHAKOPEE October 20, 1997 Page 2 2. The property does not receive a special benefit from the proposed improvement. Our client acquired the parcel to accommodatepotential future expansion, which expansion would likely be limited to the northern portion of the remaining unimproved land that constitutes the tax parcel. The remaining unimproved property would likely remain as an open storage area. In any event, the proposed sanitary sewer and watermain service would provide no additional or special benefit to the property. 3. The possibility that the property might receive some benefit in the future from the proposed improvement is too speculative and uncertain to permit a current assessment for the improvement. For the reasons stated above, Universal Forest Products Miwe Company, Inc., hereby to objects to the proposed improvement and assessmentparcel Respectfully submitted, Karl J. Yeager.... KJY:mib:551491 cc: Matthew J. Missad, Executive Vice President of Operation Services(via fax) RECEWED OCT 2 0 1997 CITY OF SHAKOPEE October 14), 1997 Ms. Judith S. Cox City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: City of Shakopee—Assessments for Sarazin Street, between 4th Avenue and County Road 16; and Roundhouse Street, Between 4th Avenue and County 16; and 4th Avenue, between Shawnee Trail and Sarazin Street Dear Shakopee City Council, City Clerk and/or Presiding Officer at the October 21, 1997,Assessment Hearing The undersigned, owner(s) of property included in the above-captioned assessment ("Assessment") or aggrieved party, hereby object to the City's assessments. This Assessment for City Project No. 1994-10 is heard by the City Council on October 21, 1997. The undersigned hereby objects to the proposed Assessment pursuant to Minnesota Statue § 429.061 Subd. 2 and notice of public hearing on proposed Assessment, as on the proposed assessment roles of the City of Shakopee, Scott County, Minnesota. Sincerely, ,f, 1-,.„1,7-7 cc Address: /Hip /nk u..,4y 4 P Address: RECEIVED OCT 211997 CITY OF SHAKOPEE Signed copies of form letter appealing assessments for the 1994-10 public improvement received from the following homeowners on October 21, 1997. 1. Wade R. VanBuilder 2. Karyl Haskell 3. Dawn Lebens 4. Eric Anderson 5. Deutsch Construction, Inc. 6. Shirley J. McKenney 7. Jeffrey Moss 8. Rick Murray 9. Larry Lasch 10. Stephanie Boegeman 11. Shannon Zellmann 12. Charlie Stenoon 13. Gerald McKinzie 14. Mark Teslow 15. Jeff Hauger 16. Mark Luce 17. Scott Desbles 18. Duane Hall 19. Windwood Homes 20. Vanthasone Souvannarth 21. Windwood Homes 22. Rob and Nancy Growe 23. Debra Dechaine 24. Vincent Christner i:\clerk\judy\1994-10 Cottage Homesteads of Shakopee, Inc. 7301 Ohms Lane, Suite 560 Minneapolis, MN 55439 (612) 830-0161 Fax: 831-1215 17 October 1997 Ms. Judith S. Cox City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RE: City of Shakopee Assessments for Sarazin Street, between 4th Avenue and County Road 16 and Roundhouse Street, between 4th Avenue and County Road 16 and 4th Avenue, between Shawnee Trail and Sarazin Street Dear Shakopee City Council, City Clerk and/or Presiding Officer at the October 21, 1997 Assessment Hearing: The undersigned, owner of the property included in the above-captioned assessment ("Assessment") or aggrieved party, is responsible for payment of all, or a portion, of the proposed Assessment. I(we) hereby object to the City's assessments. This Assessment for City Project No. 1994-10 is to be heard by the City Council on October 21, 1997. The undersigned hereby objects to the proposed Assessment pursuant to Minnesota Statute 429.061 Subd.2 and notice of public hearing on proposed Assessment, as on the proposed assessment roles of the City of Shakopee, Scott County, Minnesota. Sincerely, /I i Cottage Hotnesteads of Shakopee, Inc. REC.. t F:0 O C r ? ; 1997 CITY OF SHAKOPEE S H\Govt\Assmt.Ltr\101797 CANTERBURY POINTE Owners&Addresses 17 October 1997 Bldg\' Legal Bu•yers Name Street Address Lot • 1 / 1 ! 5 Clubhouse 400 Sarazin St. ....................... ...................... 1/2 ;', 6 Dorothy M.Pomije 402 Sarazin St. 1/3 7 Virginia Semrad 404 Sarazin St. 1/4 8 Margery A.Mortland 406 Sarazin St. € s? 1 Ronald E.&Katherine L.Ginkel 450 Sarazin St. 2 Frank A.&Vernis A.Barlow 444 Sarazin St. ...................... 3 Lucille J.Leaveck 446 Sarazin St. .................:.... ....................... ...................... ...................... ...................... : $[ 4 Kathleen A.Hoffman 448 Sarazin St. ....................... 3/9 • 9 Clem F.Teresa Gerold 440 Sarazin St. ....................... • 31 10 10 Joyce E. Stein 442 Sarazin St. 3•11.1, 11 Susan M. Townsend 436 Sarazin St. 3/ 12 12 Kenneth V.&Carol A.Frey 438 Sarazin St. €11 <>€ 13 Evelyn M. Schrempp 412 Sarazin St. ...................... ....................... 1 ?> 14 Louise R.Braun 414 Sarazin St. ...................... ...................... ...................... ...................... ....................... ...................... ...................... ...................... ...................... ...................... 15 Clifford&Geneva Smith 416 Sarazin St. ....................... ...................... ....................... ...................... ...................... ...................... ...................... ...................... ....................... ...................... [ E(' 16 Laura L. Sorenson 418 Sarazin St. 5117' 17 James L.&Janet L.Drabek 408 Sarazin St. ...................... ...................... ....................... ...................... ..... ................. ..... .. ............. ...................... ...................... ....................... 5:•:/1,8••:.:•. 18 410Sarazin St. ..................... ...................... ....................... • 19 John&Dorothy E.Elgethun 420 Sarazin St. •5/20 20 Raymond A&Jo E Crooks/Campbell 422 Sarazin St. 21 424 Sarazin St. ...................... ...................... ...................... ...................... ....................... ...................... ...................... ...................... ...................... 22 426 Sarazin St. ....................... ...................... 23 1526 4th Ave. ....................... sf # 24 1528 4th Ave. ....................... ...................... ...................... ...................... ..................... ?/25 25 Gilbert W.&Stella T.Oelefke 428 Sarazin St. ................. .... ............... ...... 7/26 26 Norman Brausen/Kathleen Anderson 430 Sarazin St. 7./27 27 Robert L.&Jane A.Morrison 1522 4th Ave. 7/28 28 Ellen A.Garlock 1524 4th Ave. 10/21/97 TUE 16:12 FAX 612 885 5969 KRASS MONROE, PA fj002 KRASS MONROE . P. A. ATTORNEYS AT L A W ■ Phillip R Krass CERTIFIED CIVIL TRIAL SPECIALIST Email rodk@krasmonroGeom October 21, 1997 Judy Cox, City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Via Facsimile: (612) 445-6718 Re: Project No. 1994-10 Sarazin Street,between 4th Avenue and County Road 16; Roundhouse Street,between 4th Avenue and County Road 16; and 4th Avenue,between Shawnee Trail and Sarazin Street Our File No. 8867-2 Dear Ms. Cox: Please be advised that this office represents PACT Credit River Road, LLP relative to the assessment proposed to be levied against my client's property in the approximate amount of $391,000. I understand that this matter is to be considered by the City Council as early as tonight, although it may be continued. At any rate, as I have previously informed the City Administrator, City Finance Director and the City Engineer, PACT objects to these assessments as being unequal in their application and far in excess of any benefit to our property. We hereby give you notice under Minn. Stat. § 429 of our intent to appeal these assessments. Thank you. t -; Phillip R./ s Attorney at Law PRK/sla cc: Larry Intveld GAWPDATA\P\PACTJNC\2\COR\a1Y2.DOC OCT 2 1 1997 CITY OF SHAKOPEE Suite 1100 Southpoint Office Center 1650 West, 82nd Street. Minneapolis. Minnesota 55431-1447 Telephone 612,885,5999 Facsimile 612.885 5969 . 3 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Adopting Assessments for Sarazin Street, Roundhouse Street, 4th Avenue Improvements, Project No. 1994-10 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4776, a resolution which adopts the assessments for the above referenced project. A public hearing has been scheduled on October 21, 1997 to consider the adoption of the assessment roll for Project No. 1994-10. Assessment notices have been mailed and legal notice published. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4025 on June 21, 1994 for the above project. The project improvements are on Sarazin Street, from 4th Avenue to C.R. 16;Roundhouse Street, from 4th Avenue to C.R. 16; and 4th Avenue, from Shawnee Trail to Sarazin Street by street, sanitary sewer, watermain, storm sewer and sidewalk improvements. This project was petitioned by the developers of Prairie Bend, who are Sienna Corporation and Klingelhutz Development Company. These developers signed the petition for public improvements which included a waiver of public hearing and right to appeal said assessments. The City Council ordered this improvement based on the developer's request. On April 4, 1995, the City Council approved Resolution No. 4201, awarding the contract to Ryan Contracting, Inc. of Shakopee, Minnesota for $1,180,772.25. During the course of the project, the Contractor filed a lawsuit and a jury later awarded additional compensation in June, 1997. This project is completed and all project costs are identified including right of way acquisition, SPUC trunk water charges, and jury award to the Contractor so that the final assessments can be determined. The final project costs as stated in the September 16, 1997 memorandum which declared the cost to be assessed and total cost of the improvements was $1,884,315.25. These costs consist of construction costs, right-of-way costs and engineering/administration costs. A breakdown of this total project cost is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $1,671,970.24 Assessments Street Oversizing $ 193,982.48 State Aid Funds Watermain Oversizing $ 18,362.52 Shakopee Public Utilities TOTAL PROJECT COSTS $1,884,315.25 Since the completion of the assessment roll and mailed notices, staff has reviewed the assessment calculations and project costs, as requested by some of the property owners and have discovered two errors of omission. One error is on the Credit River PACT limited partnership parcel in which a watermain footage credit was not given for the watermain placed on C.R. 16 several years ago. A 600 foot credit in footage should be given to this parcel and the watermain assessment recalculated for all parcels affected by this adjustment of frontage. The other error is that staff inadvertently omitted $72,180.44 of interest costs on the bonds for a period of 24 months which changes the total project cost to $1 956.495.69. A breakdown of this total project cost with the $72,180.44 of interest omitted previously is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $1,736,021.40 Assessments Street Oversizing $ 201,336.11 State Aide Funds Watermain Oversizing $ 19.138.19 Shakopee Public Utilities TOTAL PROJECT COSTS $1,956,495.69 A further breakdown of the various project costs are as follows: DESCRIPTION AMOUNT Total Construction Costs $1,399,097.67 Total Engineering/Administration $ 381,834.26 SPUC Trunk Water Charge $ 71,137.48 Land Acquisition Costs $ 104,426.28 As mentioned in the September 16, 1997 memo, the final project costs are significantly higher than the feasibility report cost estimates. The reasons for the higher costs is as follows: Initial Bid on April 4, 1995 was $366,662.25 over the feasibility report estimate for construction. Land Acquisition Costs of$104,426.28 was not included in the project cost estimate. Jury award to the Contractor of$288,939.21. SPUC Trunk Water fees of$71, 137.48 was not included in the project cost estimate. These additional costs to the feasibility report cost estimate total $831,165.22. In addition, the feasibility report estimated assessment costs did not include the $181,942.54 of Roundhouse Street construction costs, as shown in the initial cost estimate. These facts contributed to a low estimate of assessments for the project. Attached to this memo is the initial assessment roll dated 9/27/97, in which the mailed notice assessments were based upon and the revised proposed assessment roll dated 10/15/97 with recalculations of the assessments based upon the a revised front footage for watermain and the increased cost of interest previously omitted. Also attached is an assessment area map for reference purposes. The assessment roll has assessments associated with the various improvements on this project. They are as follows: • Street • Sidewalk • Sanitary Sewermain • Watermain • Sanitary Sewer and Water Services • Box Culvert • Trunk Water Charge The street, sidewalk and watermain assessments were by the adjusted front footage assessment method. Sanitary sewer and water services assessments were assessed to the individual properties served by the services. The sanitary sewermain, box culvert and trunk water charge were done by the area assessment method. The Trunk Water Charge is an area assessment for watermain oversizing and is being requested by SPUC to be assessed. The assessment rates for each improvement are shown on the assessment rolls. Due to the errors previously mentioned and due to property owner concerns based upon meetings with staff on the assessments, staff will be recommending that Council open the hearing, receive public comment and continue the hearing allowing staff time to make adjustments to the assessment roll, if any, as directed by Council. Staff has met with representatives of Credit River PACT, Sienna and Klingelhutz on the assessments. If the amount of the assessment adopted differs from the proposed assessment, the owners must be notified by mail of that amount. The City has adjusted the proposed assessments in past projects and after the assessment roll has been adopted, a final assessment notice is sent to the property owners. In order to avoid additional interest charges, the assessments must be certified for collection by Scott County, no later then November 30, 1997. ISSUES The issues with the proposed assessments can be summarized as follows: • Previous Council approval to grant a deferred assessment to Bill and Renalda Hauer and for the City Attorney to prepare a deferred assessment agreement between the property owners and the City. Also assessment appeal from the Hauer's. • Sienna Corporation's concern on high cost of box culvert assessment and objection of assessment cost. • Klingelhutz Development Company concern on the low estimate of pending assessment amounts, compared to the final assessment amounts and objection of assessment cost. • Credit River PACT limited partnership concern on the low estimate of pending assessment amounts, compared to the final assessment amounts and objection of assessment cost. • Lack of funds in escrow for assessments from property owner buyers in Prairie Bend. • Assessment appeal from Viking Steel Products. • Sanitary sewer assessment for the Knights of Columbus property and assessment appeal. On the deferred assessment agreement with the Hauer's, Council approved a motion on August 1, 1995 to have such an agreement prepared by the City Attorney, per Mr. Hauer's request. Attached to this memo is a letter of assessment appeal from the Hauer's. Sienna's concern is on the cost of the box culvert crossing over the Upper Valley Drainageway. The cost of the box culvert to be assessed to the Prairie Bend Development, is $182,000.00. The City is paying for 20 feet of the box culvert, as per a recent assessment policy change in which the City pays for the extra length of the box culvert due to collector street oversizing. Sienna is still claiming that the box culvert assessment cost is much more than the funds received by the previous landowner for severance of the Upper Valley Drainageway. Also the double barrel box culvert has a higher cost than other developments, due to the downstream location which requires a larger box culvert to handle the drainage flow. The assessment for a single family residential lot in Prairie Bend is proposed to be $3,740.01. This assessment can be compared to single family lot assessments in Meadows West in which the development also had a box culvert assessment and the lot assessment was $5,000.00 for Vierling Drive improvements. Also Meadows West is paying an additional assessment for Fuller Street improvements of$933.00 per lot on 31 lots. Gold Nugget Development Company did pay $125,000.00 for the single barrel box culvert through their property. The box culvert through Prairie Bend needed to be larger due to the amount of flow and curvature of the ditch at this location. Staff believes further discussion on cost participation at the hearing is warranted. Sienna also has ask if more of the costs from the jury award from the lawsuit shouldn't be picked up by the city. Klingelhutz Development Company's concern is on the pending assessment amounts and the fact that they do not have enough funds in escrow to pay for the assessments on the units sold to date. Their claim is that their sales were based on the pending assessment amount and were not aware of the additional costs and higher assessments. The City provides a pending assessment amount based on the feasibility report. In the past, these pending assessment amounts have not been adjusted until the proposed assessments are calculated. Staff has changed the procedures on notification of pending assessments to avoid this situation in the future. Staff has met with Klingelhutz representatives to discuss their claim with the City. At this time, it appears that 136 units have been sold in Phase I and have insufficient funds in escrow. This developer does have 118 units proposed to be built in Prairie Bend 3rd Addition which can help pay for the assessments for the previous 136 units. The proposed assessments for Klingelhutz is $455,014.95 for the townhouses off of Roundhouse Street plus $149,889.16 for the townhouses off of Sarazin Street in Prairie Bend 3rd Addition. The assessment cost proposed per unit in Phase I is $3,655.61 while the assessment cost per unit in Phase II is $1,270.25. If the developer is $200,000.00 short in escrow funds, one solution may be to reapportion the assessments in Phase I that are not covered by escrow funds to Phase II property and the developer can then have an assessment of $349,889.16 or a cost per unit of $2,965.16. Staff has discussed this option with the developer as a way to fund the shortfall in escrow holdings. A comparison of assessments of similar property and project improvements would be Vierling Drive, from Taylor Street to Presidential Lane project. The assessments for townhouse unit is estimated at $3,328.00 per unit. With Credit River PACT limited partnership, this'property was going to be sold to James Development and in their purchase agreement, they agreed to pay for the pending assessment. Prior to closing on the property and upon performing the assessment calculations, staff informed the property owner that the assessments on the property was proposed to be significantly higher. PACT's claim is that with this assessment, they cannot go forward on the proposed sale of property. The property owners have asked if there are Tax Increment Financing or a Tax Abatement Programs available for assistance to keep the proposed Eagle Ridge 1st Addition project moving forward. Attached to this memo is a letter of assessment appeal from Ray Peterson of Viking Steel Products, Inc. This property is being assessed for sanitary sewer and watermain improvements adjacent to 4th Avenue. The Knights of Columbus property was served by a private sewer line installed by the property owners in the 1970's. With this project a new public sanitary sewer line was installed and approximately 1000 feet of private sewer line was abandoned. Staff could not find if this parcel was ever assessed for sanitary sewer, thus a sewer assessment was applied to this property. The benefit provided by the public sewer is that this replaces a twenty years plus old line and maintenance is now the responsibility of the City. Per City policy, replacement of a private sewer service would be 100% assessed to the property owner. Staff will be making a presentation and provide further information on the project costs and assessments at the Council Meeting. DISCUSSION: Staff would like to request direction from Council on the issues mentioned previously and can be summarized as follows: 1. Should the box culvert project cost be reduced and assessments adjusted accordingly? 2. Are there other project costs such as the Ryan Lawsuit award that the City should pay for that are currently proposed to be assessed? 3. Should the City reapportion all or a portion of the assessments for Klingelhutz property in order to meet the escrow shortfall on housing units already closed? 4. Should the City consider Tax Increment Financing or Tax Abatement in order for the Credit River PACT parcel to move forward on the Eagle Ridge 1st Addition development? 5. Should the Knights of Columbus be assessed for public sanitary sewer to replace a private sewer line on 4th Avenue? ALTERNATIVES: 1. Adopt Resolution No. 4776. 2. Deny Resolution No. 4776. 3. Table Resolution No. 4776. 4. Continue the public hearing and provide staff direction on the proposed assessments for possible adjustment or not. RECOMMENDATION: Staff recommends Alternative No. 4, to continue the public hearing after public input and provide staff direction on the proposed assessments, due to perhaps the large number of issues involved with the assessments on this project. Staff would recommend the hearing be continued to November 5, 1997, due to several assessment public hearings on November 18, 1997. ACTION REQUESTED: 1. Approve a motion to continue the public hearing to November 5, 1997. 2. Provide staff direction on the proposed assessments. Swtt Bruce Loney Public Works Director BL/pmp MEM4776 OBJECTIONS OF KLINGELHUTZ DEVELOPMENT COMPANY TO PROPOSED ASSESSMENTS IN CONNECTION WITH PROJECT NO. 1994-10 This is to inform the City of Shakopee that Klingelhutz Development Company ("Klingelhutz") objects to the proposed special assessments against its property in connection with City Project No. 1994-10. The objections relate to all of the parcels owned by Klingelhutz that the City is proposing to assess in connection with the improvements made under Project No. 1994-10. The objections are as follows: 1. Based on Minnesota Statutes § 429.031, subd. 1, the City is without jurisdiction to adopt the proposed special assessments. Errors in the Feasibility Report prepared for the project, which resulted in the City underestimating the cost of improvements by $966, 141.37, materially prejudiced the interests of Klingelhutz. Therefore, all actions taken by the City in connection with the special assessments are invalid. The City was aware that its original estimate was substantially in error on or before April 4, 1995, when it received an initial bid for construction of the improvements. The City notified some owners about this problem. However, the City failed to notify Klingelhutz that this error would increase the assessments on Klingelhutz's property. In addition, on or before April 1, 1996, the City was aware that the assessments against Klingelhutz's property could increase as a result of a lawsuit commenced by Ryan Contracting, Inc. against the City. The City did not notify Klingelhutz of this potential increase in the assessments. Furthermore, when a jury awarded Ryan Contracting, Inc. $279, 051.89 in damages for the City's breach of contract, the City did not notify Klingelhutz that the City would pass this on to property owners by increasing the special assessments against affected property. Klingelhutz reasonably relied on the City's original estimate. Klingelhutz planned the development of its property and entered contracts for the sale of individual units, believing that the City's original estimate would be reasonably close to the actual cost of the improvements. Klingelhutz escrowed nearly twice the amount the City proposed for each unit with the understanding that this amount would be more than adequate to cover the final assessment. As a direct result of the City's errors, Klingelhutz has been forced to escrow nearly six times the amount of the original proposed assessments for units that have not been sold and is already liable to owners of units that have been sold for the shortfall in the amount escrowed for assessments. 2. The proposed special assessments are not uniform against the same class of property. According to the City's own figures, the cost of the improvements, and the increase in special assessments, is approximately two times greater than the original estimate. However, the proposed special assessment on the Klingelhutz property is approximately four times greater than the original estimate. It appears that the City is attempting to impose a larger portion of the unanticipated increase on Klingelhutz than other property owners. 3. The special assessments are an unconstitutional taking of Klingelhutz's property without just compensation under the Minnesota and United States Constitutions. An appraisal of the property will show that the amount of the assessments exceeds the benefit to the 2 property based on the fair market value of the property prior to the improvements as compared to the fair market value of the property after the improvements. At minimum, some or all of the amount awarded to Ryan Contracting, Inc. does not benefit the property. Dated: et -f-D 6a-, /7 , 1997. KLINGELHUTZ DEVELOPMENT COMPANY By _ ,9 Its �iJffo.�.vc y DKN1223 / / A c)A16)=-- I 3 � I I �' 4. STEEL PRODUCTS, INC. .- CORRUGATED METAL CULVERTS FITTINGS AND ACCESSORIES 0 °" 4146, HWY.#101 EAST P.O.BOX 172 SHAKOPEE,MINNESOTA 55379 TELEPHONE:(612)445.1458 ° ° "AN EQUAL OPPORTUNITY EMPLOYER" MN TOLL FREE NUMBER 1.800.252.5819 Oct. 15, 1997 Ms Judy S. Cox, City Clerk City of Shakopee, City Hall Shakopee, Mn. 55379 RE: Proposed Assessment, Project No. 1994-10, P.I.D. N0.'s 27-906054-0. Please consider this letter as my formal objection to the special assessment which the city of Shakopee has proposed to levy on my property. Without limitation, the primary reasons for this objection are: 1. The amount of the proposed assessment is more than the value of the benefits to my property. 2. The primary benefit of this project was the petitioner,the developer of Prairie Bend and the immediate benefits are only for his development. Thus, I believe the proposed special assessment will impose an unequal burden on those property owners being assessed, in violation of the equal protection clauses of Minnesota and United States Constitutions. Please keep this letter in the City's files, as the filing of a written objection is necessary to preserve the right to file an appeal of the special assessment in District Court. Sincerely, Ray C. Peterson, Pres Viking Steel Products, Inc. 13901 Canterbury Rd. Shakopee, Mn. 55379 612-445-7665 f • October 15, 1997 Ms. Judy Cox Shakopee City Clerk City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 RE: CITY OF SHAKOPEE ASSESSMENT PROJECT NO. 1994-10 Dear Ms. Cox: We, as property owners of 1426 4th Avenue East, Shakopee, Minnesota, hereby object to the assessments attached hereto as Exhibit "A", pursuant to Minnesota Statutes Section 429.061, subd. 2. The grounds for the objections include, but are not limited to, the following: 1) The City lacks jurisdiction to levy the assessments. 2) The City has adopted an arbitrary establishment of assessment area boundaries. 3) The assessment formula is arbitrary and/or unreasonable. 4) The assessment lacks uniformity as to the same class of property. 5) The assessment is an unconstitutional taking in that it exceeds special benefit to our property. Our home has a market value for real estate tax purposes of$116,900.00. We estimate that the fair market value of our home is between$125,000.00 and$135,000.00. The City's proposal assessment of$53,864.19 is outrageous and unsupported considering the fact that the improvements did not City of Shakopee RE: Project No. 1994-10 October 15, 1997 benefit our property. We had water and sewer before the improvement! The only party that these improvements benefitted was the developer that wanted them! "247;.m< et,;.,0 a 2licit-c.4_2 _ William A. Hauer elda Hauer ECEWED OCT 1 6 1997 CITY OF SHAKOPEE 2 NOTICE OF HEARING ON PROPOSED ASSESSMENT Project No. 1994-10 Sarazin Street,between 4th Avenue and County Road 16; Roundhouse Street,between 4th Avenue and County Road 16; and 4th Avenue,between Shawnee Trail and Sarazin Street TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Shakopee will meet at 7:45 PM or thereafter,on Tuesday, October 21, 1997 in the Council Chambers of the City Hall, 129 South Holmes Street, Shakopee, Minnesota to pass upon the proposed assessment for the following improvements, to-wit: Improvement of Sarazin Street and Roundhouse Street,between 4th Avenue and County Road 16 by street, sanitary sewer, watermain, storm sewer and sidewalks and construction of . sanitary sewer and watermain on 4th Avenue,between Shawnee Trail and Sarazin Street. The following area is proposed to be assessed,to-wit: Those properties lying within the W1/2 of the S1/2 of-Section 5, Township 115,Range 22 and the E1/2 of Section 6, Township 115,Range 22, Scott County,Minnesota. Said properties being further described but not inclusive as: Those properties lying within Prairie Bend 1st and 2nd Additions and P.I.D.No.'s 27-905018-0, 27-906028-1, 27-906028-2, 27-906029-0, 27-906030-0, 27-906052-0 and 27-906054-0. The proposed assessment is on file for public inspection at the Office of the City Clerk in City Hall, 129 South Holmes Street. Written or oral objections by any and all persons desiring to be heard will be considered at the hearing by the City Council. The total cost to be assessed is$1,671,970.24. The total cost proposed to be assessed to your parcel number is: 27-906028-2 WILLIAM A &RENELDA HAUER $53,864.19 DO NOT PAY NOW! This amount is subject to change. A final assessment notice will follow after assessments are adopted by City Council. No interest will be charged if your entire assessments are paid to the City Treasurer at City Hall on or before 30 days from the date the assessments are adopted. One partial prepayment of at least $100.00 may be made prior to November 30, 1997. Assessments not prepaid within 30 days from the date adopted shall be subject to interest at the rate of 6.25 percent per annum. Any property owner wishing to appeal an assessment must file a written objection, signed by the affected property owner, with the City Clerk prior to the assessment hearing on October 21, 1997, or present a signed written objection to the presiding officer at the public hearing on October 21, 1997. Any property owner may appeal an assessment to District Court pursuant to Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City of Shakopee within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. Property owners should be aware that both of the procedures described in the former two paragraphs must be followed in order for an appeal to be valid. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or who is retired by virtue of permanent and total disability for whom it would be a hardship to make the payments.When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest shall be due within sixty days of the termination of the deferment. Any assessed property owner meeting the requirements of this law and the ordinance adopted under it may, within 30 days of the conformation of the assessment, apply to the City Clerk on the prescribed form for such deferral of payment of this special assessment on his/her property. Dated this 24th day of September, 1997. Judith S. Cox City Clerk CITY OF SHAKOPEE OBJECTION TO ASSESSMENTS TO: The Clerk/Mayor of the City of Shakopee, Minnesota FROM: Shakopee Knights of Columbus, Council 1685 Home property owner of Parcel ID No. 27- 905018-0, land described as Section 5, Township 115, Range 22 The North 499 .7 feet of the Northwest Quarter of the Southwest Quarter excepting the East 975 feet thereof (the legal description from tax statement) . The undersigned landowner of the parcel of land described as Section 5 Township 115 Range 22 The North 499 .7 feet of the Northwest Quarter of the Southwest Quarter excepting the East 975 feet thereof (the legal description from tax statement) in the City of Shakopee, identified as Parcel No. 27-905018-0, does hereby object to the proposed assessments which are to be submitted to the City Council for approval at a hearing to be held on September 21, 1997 , at the City Hall in Shakopee at 7 :45 p.m. Objections are made to the proposed assessments for the improvements or construction of Sarazin Street and Roundhouse Street between 4th Avenue and County Road 16 and on 4th Avenue between Shawnnee Trail and Sarazin Street, which improvements include base, sub-base, bituminous surface, watermain, storm sewer, sanitary sewer, and sidewalks, in the City of Shakopee, as follows: Specific objection is made to proposed assessment of $68, 967 . 10; the amount of assessment does not include all benefitted landowners or users of the streets, roadways, sanitary sewer system, watermain, storm sewer, and sidewalks. Objections are also based on excessive costs exceeding estimate of cost of improvements, assessments exceeding special benefits to property, miscalculation of amount of costs and assessments, no special benefit from the construction of the improvement, and assessment is not uniform upon the same class of property. Dated: October 15, 1997 Shakopee Knights of Columbus Council 1685 By f - 1 61.U",1 Pa ick Rien, and Knight RECEIVED By 'PL.) �c.� _ 1 6 1991 Helen Neu President of Home OCTi CITY OF SHAKOPEE Qfr- } 1111,7 I''GORMA K - mom r_ iii illsoi" MAI k Ill -i . OIry m _ _ ■ B ow Ill a - aim D 0 11 w '1 .70 > 7:1 MITI I liiiIj 16111 111111 LAle* -' j \\\ NI Ni \\ ®Illlliiiill�� ®® 4 *, * 1,• 4. 1,v _ 1 \ , * Nr, 4 e' . . . 4 1.-"v4;\ t ' , ..z,-4%, kl,„ww 1\ri Mut 0 it4‘- X44 � )�\k ,svmob‘All� 7 ,.h. \''S`♦�`.`�;�w�� \` READ in k N*, 1 M Fi 1 \V . L'N.' , •1 M: ) ._._ h\ .ipAslsriRN7 ,i D 41 bbh i 1 rn _ m —Ts ads —I -< O m r- JdQ Ii> h I 1 ° d RESOLUTION NO. 4776 A Resolution Adopting Assessments For Sarazin Street, Between 4th Avenue and County Road 16; Roundhouse Street, Between 4th Avenue And County Road 16; And 4th Avenue, Between Shawnee Trail And Sarazin Street Project No. 1994-10 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Improvement of Sarazin Street and Roundhouse Street,between 4th Avenue and County Road 16 by street, sanitary sewer, watermain, storm sewer and sidewalks and construction of sanitary sewer and watermain on 4th Avenue,between Shawnee Trail and Sarazin Street NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof; a copy of which is attached hereto and made a part hereof; is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. 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Memorandum CONSENT To: Mr. Mark McNeill, City Administrator From: Timothy Benetti, Planner I Meeting Date: October 21, 1997 Re: Final Plat for Prairie Bend Third Addition Date: October 16, 1997 Introduction Mr. John Klingelhutz of Klingelhutz Development Company is requesting approval of the Final Plat for Prairie Bend Third Addition. The subject site is located south of and adjacent to Parkway Avenue, west of Sarazin Street, and north of County Road 16. A copy of the October 9th, 1997, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Final Plat for Prairie Bend Third Addition. 2. Do not approve the Final Plat for Prairie Bend 3rd 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 Third Addition, subject to conditions. Action Requested Offer Resolution No. 4779 a Resolution Approving the Final Plat for Prairie Bend Third Addition, and move its adoption. i:\commdev\cc\199'TPRBEND-3.DOC CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Timothy Benetti, Community Development Department SUBJECT: Final Plat of Prairie Bend Third Addition DATE: October 9, 1997 Site Information: Applicant: John Klingelhutz,Klingelhutz Development Company Location: South of Parkway Avenue and east of Sarazin Street. Current Zoning: PUD Overlay Zone#5 (Prairie Bend); with underlying zone of Multiple-Family Residential(R-3) Adjacent Zoning: North: PUD Overlay Zone#5, with underlying zone of Urban Residential(R-1B) South: Light Industrial(I-1) East: Urban Residential (R-1B) West: Urban Residential and Multiple Family Residential(R-1B/R-3) Comp. Plan 1995: High Density Residential. Area: 14.132 acres. MUSA: The site is within the MUSA. Introduction Mr. John Klingelhutz of Klingelhutz Development Company is requesting approval of the Final Plat for Prairie Bend Third Addition. The developer is proposing to plat 14 lots for multiple-family residential development. The subject site is located south of and adjacent to Parkway Avenue, west of Sarazin Street, and north of County Road 16(Please see Exhibit A). Considerations The Preliminary Plat for Prairie Bend was approved by the City Council on July 26, 1994. The Final Plat for Prairie Bend Third Addition is in substantial conformance with the approved Preliminary Plat. (Please see Exhibit B). The Engineering Department has reviewed the submittal materials and has provided its comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Prairie Bend Third Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends approval of the Final Plat of Prairie Bend Third 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) 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. Exclude from final platting the drainageway easement legally identified as Outlot F, Prairie Bend First Addition, City of Shakopee, Scott County, Minnesota. A revised final plat must be submitted for review by city staff prior to city council approval and recording of final plat. 5. Developer shall design, draft a legal description and record an easement for future trail connection between the drainageway to the south (also known as Outlot F) and Prairie Bend Park to the north, in and through said Prairie Bend Third Addition. 2 6. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 8. The Park Dedication requirements have been previously satisfied. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Prairie Bend Third Addition, subject to conditions, and move its approval. Respectfully submitted: Timothy Benetti Planner I i:\commdev\boaa-pc\1997\octO9pc\fp-pbnd3.doc 3 EXHIBIT A AI El?!0 El?! II 1 M'_ Ii III r t r- _ I i3 III1 '1e,,. I i•s 1 is 720.91 1. / • /' > •�• s Mi•filk�^ / 1t,> f _ T .ei �\ N r/ I c: ' `\ `.-s'.^,`, • .N01s1.4rw 171.70 // ' X97 N , C �• V^ o. I ss t' • / I. !? r. �-, 4r• i Fye !) / �"� til 8gq / F�� b li m .• I. p ?f I 7 r w »» i ii I E CZ li sprawl . a iI _ .° IP. ! t: ) . .x —C: —Z i ' t£� s I : 8 V .. F�„'I- -Ag b t: \ 1,..•1 '� CL:� p a`i j ni s60a2'6YE 166.71 �' O 1: �s, ` st ;MZ ... i t; ?:•,' ------ \1 I ,•, I !1os � a o t O ° I N. "• p ... , _ F .. ___ _ cn . . YE 647.61 x --_ so1s1's 1 il ‘ wimp. ,...._ , ; - It 1�1 ' I ■ i1 0� iQ�ls� ; ' EXHIBIT B Ott a o 114 �1t'� 1�� ,�— _ 1111,, '� 4�,t41i11 f= i -;:11 t;�� d = 111= I 1 gall a1 _ N\ air ,�' �4 Di�t� i��� :;o' l ,�,1� �I = Fittt:d� d �'•t : 11511015"Tani ;ii�� � - 5 4714 OW`1e 17Y41 :I1B1 • Elm dAG. FAI •1\ k •atiorAmip"Ihilaroy • r 3 q „„,.. . . ami lotroA - vc,,erso, , tompripor 11113 1111, . wanPat k A���'`! L�. 4.'.►� 1111... si,mii- - ►��.wI. !�, .� , �_ �a Cid�� SUBJECT SITE> ,� Al vinAffir44 ,* R 1 B ,• i 7°214,1111rt Oib IR \ I . .a SPA 1,-... 474 A Val it"16 h'IM / rei 9 M V 1.0. 01 rs elles ' a I'' ojar" GEM 4.O�j' i0 ]. 1.11111111140 1112 z‘.7_ a._� 01111!111:11111141114 k'`, ' ,41,... g Ibi ,4c r . _ ..4, ..ap Ng , 1- ASSCNT auto. M! ---. 04.01 i Ili do um so Z . lalia;`titt - a I t M , M , w 1 . , ER ,i I. Mr , . w , i O .W M. I� ' '\ms/ aer-�vir'Q Zones 2 3 4 i 5 # 6 =, 3 �- + a S 2 �� 'r a �griC'Jlt re x '< an 'f ON ' .H , ._ ,Ate. um" LRR ii Rural Residential f > � • a a . r a pucu,n �� f� 2 f y l I I R 1 A 1 Low Density Residential 1 d `Q �� ,, :ii --�- I '- IR1E1 Urbar. Residential 'a �,, �a -;---7-g - o \ aw�� ' (R 1 C I Old Shakopee Residential *©,` , v vD� 1. R2 I Medium Density Residential \'errs ©0� �? ir " 'i i +' IV. mm I R Multiple =amply Residential �'♦ A !:. W 0 ( 81 j Highway Business ~) a.- sa �� ►r O �°` i1 ��1. 92 I Office Business Y ' �,-� a t R ^ 63 Central Business MAIM cr . a 2 ������� l J ;T ( 1 1 Light Industrial :© : W f '( } 13 I1,i ( 12 I Heavy Industrial . kil ISI � �-� ' E■ may, WWI ° B` ' 4 L ©1,2, ; ;. > ( MR Major Recreation • 1 �At A G _ �� 1• w 1 2 , 1,a7"-- Overlay Zones , ,' ;���q •, • I _ 0U, uai 1-- ►_5-'..Shorelcnd Q ���, o' (-E-1Flooaplcin District - B 1 ?dining Overlay Ia-�_ I 4' <,,, ".)D Over!aq ;-7; ) ft2 \ s r1 G i _` RESOLUTION NO. 4779 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR PRAIRIE BEND THIRD ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Prairie Bend Third Addition on October 9, 1997, 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 TIlL CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for Prairie Bend Third Addition, described as: Outlot E, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: I. 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. M. 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. 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, developer shall eliminate from the original request of final platting the drainageway easement legally identified as Outlot F, Prairie Bend First Addition, City of Shakopee, Scott County, Minnesota. A revised final plat must be submitted for review by city staff prior to city council approval. RESOLUTION NO.4779 Page 2 of 2 V. Developer shall design, draft a legal description and record an easement for future trail connection between the drainageway to the south (also known as Outlot F) and Prairie Bend Park to the north. VI. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. VII. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. VIII. 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 , 1997. Jeff Henderson Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Approved as to form: City Attorney i:\camndev\cc\199'7\PRBEND-3.DOC /3. 13 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding the Shoreland District MEETING DATE: October 21, 1997 INTRODUCTION: The City of Shakopee has prepared a proposed text amendment regarding the Shoreland District. At its June 19, July 24, and August 7, 1997, meetings,the Planning Commission reviewed the proposed text amendment. A copy of the August 7, 1997,Planning Commission staff memo has been attached for your reference. At the August 7 meeting,the Planning Commission recommended approval of the text amendment, as proposed to the City Council. ALTERNATIVES: 1. Approve Ordinance No. 500. 2. Approve Ordinance No. 500 with revisions. 3. Do not approve the Ordinance No. 500. 4. Table action on this item and request additional information from staff PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended the approval of the text amendment. ACTION REQUESTED: Offer Ordinance No. 500, and move its approval. R. Michael Leek Community Development Director ORDINANCE NO. 500, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING, REGARDING THE SHORELAND DISTRICT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, SEC 11.54 (SHORELAND OVERLAY ZONE - SH) shall be deleted and the following added as Sec. 11.54 (SHORELAND OVERLAY ZONE— SH): Subd.-STATUTORY AUTHORIZATION AND POLICY 1.1 Statutory Authorization This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105,Minnesota Regulations,Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 1.2 Policy The uncontrolled use of shorelands of Shakopee, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The City of Shakopee,Minnesota, hereby recognizes this responsibility. Subd. 2.0-GENERAL PROVISIONS AND DEFINITIONS 2.1 Jurisdiction The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. 2.2 Compliance The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. Ord500 1 2.3 Enforcement The Zoning Official is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of this ordinance. 2.4 Interpretation In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.5 Severability If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid,the remainder of this ordinance shall not be affected thereby. 2.6 Abrogation and Greater Restrictions • It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 2.711 "Accessory structure" or "facility": Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 2.712 `Bluff": A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater;and (4) The slope must drain toward the waterbody. Ord500 2 2.713 "Bluff impact zone": A bluff and land located within 20 feet from the top of a bluff. 2.714 "Boathouse": A structure designed and used solely for the storage of boats or boating equipment. 2.715 "Building line": A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 2.716 "Commercial use": The principal use of land or buildings for the sale, lease, rental, or trade of products,goods, and services. 2.717 "Commissioner": The commissioner of the Department of Natural Resources. 2.718 "Conditional use": A land use or development as defined by ordinance that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. 2.719 "Deck": A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 2.720 "Duplex," triplex," and "quad": A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 2.721 "Dwelling site": A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 2.722 "Dwelling unit": Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. 2.723 "Extractive use": The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. 2.724 "Forest land conversion": The clear cutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand. 2.725 "Hardship": "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 462. 2.726 "Height of building": The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. 2.727 "Industrial use": The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Ord500 3 2.728 "Intensive vegetation clearing": The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 2.729 "Lot": A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale,lease, or separation. 2.730 "Lot width": The shortest distance between lot lines measured at the midpoint of the building line. 2.731 "Nonconformity": Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 2.732 "Ordinary high water level": The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 2.733 "Planned Unit Development": A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. 2.734 "Planned Unit Developments, Commercial": These are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial Planned Unit Developments. 2.735 "Planned Unit Developments, Residential": A use where the nature of residency is not transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential Planned Unit Developments. To qualify as a residential Planned Unit Development, a development must contain at least five dwelling units or sites. 2.736 "Public waters": Any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 14 and 15. 2.737 "Semipublic use": The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 2.738 "Sensitive resource management": The preservation and management of areas unsuitable for Ord500 4 development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 2.739 "Setback": The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 2.740 "Sewage treatment system": A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. 2.741 "Sewer system": Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 2.742 "Shore impact zone": Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 2.743 "Shoreland": Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a.--river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 2.744 "Significant historic site": Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or Wit is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 2.745 "Steep slope": Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands with average slopes over 12 percent, as measured over horizontal distances of 50 feet or more,that are not bluffs. 2.746 "Structure": Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric,telephone,telegraph, gas lines, towers, poles, and other supporting facilities. Land that is divided for the purpose of sale, rent, or lease, includingPlanned Unit 2.747 "Subdivision": p rp Developments. 2.748 "Surface water-oriented commercial use": The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. Ord500 5 2.749 "Toe of the bluff": The lower point of a 50-foot segment with an average slope exceeding 18 percent. "Top '• The higher point of a 50-foot segment with an average slope exceeding 18 ofthe bluff": � � 2.750 � percent. 2.751 "Variance": The same as that term is defined or described in Minnesota Statutes, Chapter 462. 2.752 "Water-oriented accessory structure or facility": A small, above ground building or other improvement, except stairways,fences, docks, and retaining walls,which,because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses,pump houses, and detached decks. 2.753 "Wetland": A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39(1971 edition). Subd. 3.0 - ADMINISTRATION 3.1 Permits Required 3.11 A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of this ordinance. Application for a permit shall be made to the Building Official on the forms provided. The application shall include the necessary information so that the Building Official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. 3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance. 3.2 Certificate of Zoning Compliance The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 2.3 of this ordinance. 3.3 Variances 3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 462. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Adjustment and Appeals and Appeals must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on 6 Ord500 the basis of economic considerations, and the characteristics of development on adjacent properties. 3.32 The Board of Adjustment and Appeals and Appeals shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 3.42 below shall also include the Board of Adjustment and Appeals and Appeal's summary of the public record /testimony and the findings of facts and conclusions which supported the issuance of the variance. 3.33 For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. 3.4 Notifications to the Department of Natural Resources 3.41 Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions must include copies of the proposed subdivision. 3.42 A copy of approved amendments and subdivisions, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten(10) days of final action. Subd. 4 .0 - SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS 4.1 Shoreland Classification System The public waters of the City of Shakopee have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Scott County, Minnesota. 4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in section 2.744 and as shown on the Official Zoning Map. 4.12 Lakes Protected Waters A. Natural Environment Lakes Inventory LD.No. Blue Lake I.D.No. 70-0088 Dean Lake I.D.No. 70-0074 Fisher Lake I.D.No. 70-0087 Rice Lake I.D.No. 70-0025 Unnamed I.D.No. 70-0080 Protected Waters B. Recreational Development Lakes Inventory LD.No. O'Dowd Lake I.D.No. 70-0095 4.13 Rivers and Streams Ord500 7 A. Transition Rivers Legal Description Minnesota River From the West section line of Section 4, Township 115N,Range 22W** B. Agricultural Rivers Legal Description Minnesota River From the border of Scott and LeSueur Counties to the East section line of Section 5,Township 115N,Range 22W** C. Tributary Streams Eagle Creek From Basin 245, Section 13, Township 115,Range 22W to Section 13, Township 115,Range 22W ** Unnamed to MN River From Section 2, Township 115,Range 22W to Section 1, Township 115,Range 22W** Unnamed Tributary From Basin 249, Section 23, Township 115,Range 22W to Section 14, Township 115,Range 22W** *All protected watercourses in the City of Shakopee shown on the Protected Waters Inventory Map for Scott County, a copy of which is hereby adopted by reference, not given a classification in Items A-E above shall be considered "Tributary". **All from and to locations are subject to actual municipality boundaries. 4.2 Land Use District Descriptions 4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives: A. General Considerations and Criteria for All Land Uses: (1) preservation of natural areas; (2) present ownership and development of shoreland areas; (3) shoreland soil types and their engineering capabilities; (4) topographic characteristics; (5) vegetative cover; (6) in-water physical characteristics,values, and constraints; (7) recreational use of the surface water; (8) road and service center accessibility; (9) socioeconomic development needs and plans as they involve water and related land resources; (10) the land requirements of industry which,by its nature,requires location in shoreland areas;and (11) the necessity to preserve and restore certain areas having significant Ord500 8 historical or ecological value. • B. Factors and Criteria for Planned Unit Developments: (1) existing recreational use of the surface waters and likely increases in use associated with Planned Unit Developments; (2) physical and aesthetic impacts of increased density; (3) suitability of lands for the planned unit development approach; (4) level of current development in the area; and (5) amounts and types of ownership of undeveloped lands. 4.22 Land Use District Descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the Official Zoning Map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3. Where a conflict exists between a zoning classification in existence prior to the adoption of this ordinance and the land use described below,the land use designated on the City's Zoning Map shall govern, so long as it is consistent with the City's Comprehensive Plan: A. Land Use Districts For Lakes Recreational Natural Development Environment Lakes Lakes (1) Special Protection District- Uses -Forest management P P -Sensitive resource management P P -Agricultural: cropland and pasture P P -Agricultural feedlots C C -Parks and historic sites C C -Extractive use C C -Single residential C C -Mining of metallic minerals and peat P P (2) Residential District-Uses -Single residential P P -Semipublic C C -Parks&historic sites C C -Extractive use C C -Duplex, triplex, quad residential C C -Forest management P P -Mining of metallic minerals and peat P P (3) High Density Residential District-Uses -Residential Planned Unit Developments C C -Single residential P P -Surface water oriented commercial* C C -Semipublic C C -Parks& historic sites C C Ord500 9 -Duplex,triplex, quad residential P C -Forest management P P (4) Water Oriented Commercial District-Uses -Surface water-oriented commercial P C -Commercial planned unit development** C C -Public, semipublic C C -Parks&historic sites C C -Forest management P P *M accessory to a residential planned unit development. **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. (5) General Use District-Uses -Commercial P C -Commercial planned unit Development** C C -Industrial C N -Public, semipublic P C -Extractive use C C -Parks&historic sites C C -Forest management P P -Mining of metallic minerals and peat P P B. Land Use Districts for Rivers and Streams Transition Agricultural Tributary (1) Special Protection District-Uses -Forest management P P P -Sensitive resource management P P P -Agricultural: cropland and park P P P -Agricultural feedlots C C C -Parks and historic sites C C C -Extractive use C C C -Single residential C C C -Mining/metallic minerals and peat P P P (2) Residential District-Uses -Single residential P P P -Semipublic C C P -Parks and historic sites C C P -Extractive use C C C -Duplex,triplex, quad residential C P C -Forest management P P P -Mining/metallic minerals and peat P P P 10 Ord500 *As accessory to a residential planned unit development. **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. (3) High Density Residential-Uses -Residential planned unit dev. C C C -Single residential P P P -Surface water oriented commercial* C C C -Semipublic C C C -Parks and historic sites C C C -Duplex,triplex, quad residential C C C -Forest management P P P (4) Water-oriented Commercial-Uses -Surface water-oriented commercial C C C -Commercial planned unit dev.* C C C -Public, semipublic P P P -Parks and historic sites C C C -Forest management P P P (5) General Use District-Uses -Commercial C P C -Commercial planned unit dev.** C C C -Industrial N C C -Public, semipublic C P C -Extractive use C C C -Parks and historic sites C C C -Forest management P P P -Mining/metallic minerals and peat P P P *As accessory to a residential planned unit development **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. 4.23 Use and Upgrading of Inconsistent Land Use Districts. A. The land use districts adopted in Shakopee City Code Chapter 11, Sections 11.22—11.46, as they apply to shoreland areas, and their delineated boundaries on the Official Zoning Map, are not consistent with the land use district designation criteria specified in Section 4.22 herein. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the Official Zoning Map or to modify the boundary of an existing land use district shown on the Official Zoning Map. B. When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply: (1) For Lakes. When a revision to a land use district designation on a lake is considered, the land use Ord500 11 district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this ordinance on said lake must be revised to make them substantially compatible with the framework in Sections 4.21 and 4.22 of this ordinance. (2) For Rivers and Streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction of this ordinance must be revised to make them substantially compatible with the framework in Sections 4.21 and 4.22 of this ordinance. If the same river classification is contiguous for more than a five-mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised. C. When an interpretation question arises about whether a specific land use fits within a given "use" category, the interpretation shall be made by the Board of Adjustment and Appeals. When a question arises as to whether a land use district's boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the Shakopee City Council. D. When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The Shakopee City Council will direct the Zoning Administrator to provide such additional information for this waterbody as is necessary to satisfy Items A and B. E. The Shakopee City Council must make detailed findings of fact when taking final action that the revision, and the upgrading of any inconsistent land use district designations on said waterbody, are consistent with the enumerated criteria and use provisions of Section 4.2. Subd. 5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS 5.1 Lot Area and Width Standards. The lot area(in square feet)and lot width standards(in feet)for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classifications are the following: 5.11 Unsewered Lakes A. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 80,000 200 80,000 200 Duplex 120,000 300 160,000 400 Triplex 160,000 400 240,000 600 Quad 200,000 500 320,000 800 B. Recreational Development: Riparian Lots Nonriparian Lots Ord500 12 Area Width Area Width Single 40,000 150 40,000 150 Duplex 80,000 225 80,000 265 Triplex 120,000 300 120,000 375 Quad 160,000 375 160,000 490 5.12 Sewered Lakes: A. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 20,000 125 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 B. Recreational Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 20,000 75 15,000 75 Duplex 3 5,000 135 26,000 135 Triplex 5 0,000 195 3 8,000 190 Quad 65,000 255 49,000 245 5.13 River/Stream Lot Width Standards. There is no minimum lot size requirement for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are: Transition Agricultural Urban & Tributary No sewer Sewer Single 250 150 100 75 Duplex 375 225 150 115 Triplex 500 300 200 150 Quad 625 375 250 190 5.14 Additional Special Provisions. A. Residential subdivisions with dwelling unit densities exceeding those in the tables in Sections 5.12 and 5.13 can only be allowed if designed and approved as residential Planned Unit Developments under Section 8.0 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 5.12 can only be used if publicly owned sewer system service is available to the property. Ord500 13 B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: (1) each building must be set back at least 200 feet from the ordinary high water level; (2) each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; (3) watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building;and (4) no more than 25 percent of a lake's shoreline can be in duplex, triplex, or quad developments. C. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: (1) they must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. (2) If docking, mooring, or over-water storage of more than six(6)watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of lake size Required increase to shore length in frontage (acres/mile) (percent) Less than 100 25 100-200 20 201-300 15 301-400 10 Greater than 400 5 (3) controlled access lots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (4) covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as 14 Ord500 much as practical from view from the public water, assuming summer, leaf-on conditions. D. The use of motorized watercraft (including but not limited to boats powered by inboard and outboard motors and jet skis)is prohibited on natural environment lakes. 5.2 Placement,Design,and Height of Structures. 5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows. A. Structure and On-site Sewage System Setbacks(in feet)from Ordinary High Water Level*. Setbacks* Classes of Public Structures Sewage Treatment Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 Rivers Transition 150 150 100 Agriculture and Tributary 100 50 75 *One water-oriented accessory structure designed in accordance with Section 5.22 of this ordinance may be set back a minimum distance of ten(10)feet from the ordinary high water level. B. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback(in feet) (1) top of bluff; 30 (2) unplatted cemetery; 50 (3) right-of-way line of 50 federal, state, or county highway;and (4) right-of-way line of 20 town road, public street, Ord500 15 or other roads or streets not classified. C. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. D. Uses Without Water-oriented Needs. Uses without water-oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 5.22 Design Criteria For Structures. A. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows: (1) for lakes, by placing the lowest floor at a level at least one (1) foot above the highest known water level, or one (1) feet above the ordinary high water level, whichever is higher; (2) for rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and (3) water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance if this water-oriented accessory structure complies with the following provisions: (1) the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; (2) the setback of the structure or facility from the ordinary high water level must be at least ten feet; Ord500 16 (3) the structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; (4) the roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; (5) the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and (6) as an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: (1) stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and Planned Unit Developments; (2) landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and Planned Unit Developments; (3) canopies or roofs are not allowed on stairways, lifts, or landings; (4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions,whenever practical; and (6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. D. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. E. Steep Slopes. The Building Official and/or the City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for Ord500 17 construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. 5.23 Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed thirty-five(35)feet in height. 5.3 Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 5.31 Vegetation Alterations. A. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 5.4 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the following standards: (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: (a) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (b) along rivers, existing shading of water surfaces is preserved; and (c) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 5.32 Topographic Alterations/Grading and Filling. A. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. Ord500 18 B. Public roads and parking areas are regulated by Section 5.4 of this ordinance. C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for: (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones;and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: (a) sediment and pollutant trapping and retention; (b) storage of surface runoff to prevent or reduce flood damage; (c) fish and wildlife habitat; (d) recreational use; (e) shoreline or bank stabilization; and (f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) Fill or excavated material must not be placed in a manner that creates an unstable slope; (7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; Ord500 19 (8) Fill or excavated material must not be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, section 103G.005; (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. 5.4 Placement and Design of Roads,Driveways,and Parking Areas. 5.41 Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. 5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. 5.43 Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 5.32 of this ordinance must be met. 5.5 Stormwater Management. The following general and specific standards shall apply: 5.51 General Standards: A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used Ord500 20 to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 5.52 Specific Standards: A. Impervious surface coverage of lots must not exceed 25 percent of the lot area. B. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. C. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 5.6 Standards for Commercial,Industrial,Public,and Semipublic Uses. A. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: (1) in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; (2) uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (3) uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (a) no advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff, (b) signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent 21 Ord500 illumination out across public waters; and (c) other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 5.61 Agriculture Use Standards. A. General cultivation farming, grazing, nurseries, horticulture, truck fanning, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. Animal feedlots must meet the following standards: (1) new feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and (2) modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 5.62 (Reserved) 5.7 Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas: 5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: (1) the prevention of soil erosion or other possible pollution of public waters, both during and after construction; (2) the visibility of structures and other facilities as viewed from public waters is limited; (3) the site is adequate for water supply and on-site sewage treatment; and (4) the types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 5.72 Conditions attached to conditional use permits. The Board of Adjustment and Appeals, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such Ord500 22 conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include,but are not limited to,the following: (1) increased setbacks from the ordinary high water level; (2) limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;and (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. 5.8 Water Supply and Sewage Treatment 5.81 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 5.82 Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: A. Publicly-owned sewer systems must be used where available. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Section 5.21 of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in sub-items(1)-(4). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions, properties, and permeability; (3) slope; (4) the existence of lowlands, local surface depressions, and rock outcrops; E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.13 of this ordinance. Subd. 6.0 - NONCONFORMITIES All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: 6.1 Construction on nonconforming lots of record. Ord500 23 A. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment and Appeals shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 5.1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 5.1 of this ordinance as much as possible. 6.2 Additions/expansions to nonconforming structures. A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 5.0 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to Section 3.3. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) the structure existed on the date the structure setbacks were established; (2) a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet,whichever is more restrictive; and (4) the deck is constructed primarily of wood, and is not roofed or screened. 6.3 Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The governing body of the City of Shakopee has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The City of Shakopee will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2-years. Sewage systems installed according to all applicable local shoreland management standards adopted under Ord500 24 Minnesota Statutes, section 105.485, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. Subd. 7.0 - SUBDIVISION PROVISIONS 7.11 Land suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 7.12 Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 5.1, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. 7.13 Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: (1) topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (2) the surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (3) adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (4) information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion,both during and after construction activities; (5) location of 100-year flood plain areas and floodway districts from existing adopted maps or data;and (6) a line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. Ord500 25 7.14 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. 7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. 7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Section 5.14 of this ordinance. Subd.8.0-PLANNED UNIT DEVELOPMENTS(PUD's) 8.1 Types of PUD's Permissible Planned Unit Developments(PUD's)are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Section 4.2 of this ordinance and the official zoning map. 8.2 Processing of PUD's Planned Unit Developments must be processed consistent with the City's Zoning Ordinance, except that an expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Section 8.5. Approval cannot occur until the environmental review process (EAW/EIS) is complete, where those processes are required by State law and regulation. 8.3 Application for a PUD The applicant for a PUD must submit the following documents prior to final action being taken on the application request: 8.31 A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities,land alterations, sewage treatment and water supply systems(where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two. 8.32 A property owners association agreement (for residential PUD's) with mandatory membership, and all in accordance with the requirements of Section 8.6 of this ordinance. 8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUD's; and 2) ensure the long-term preservation Ord500 26 and maintenance of open space in accordance with the criteria and analysis specified in Section 8.6 of this ordinance. 8.34 When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. 8.35 Those additional documents as requested by the Zoning Official that are necessary to explain how the PUD will be designed and will function. 8.4 Site"Suitable Area" Evaluation Proposed new or expansions to existing Planned Unit Developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Section 8.5. 8.41 The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Shoreland Tier Dimensions Unsewered Sewered Recreational development lakes 267 feet 267 feet Natural environment lakes 400 feet 320 feet All river classes 300 feet 300 feet 8.42 The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. 8.5 Residential and Commercial PUD Density Evaluation The procedures for determining the "base" density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer. 8.51 Residential PUD "Base" Density Evaluation: A. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential Planned Unit Developments are then compared with the tier, density, and suitability analyses herein and the design criteria in Section 8.6 8.52 Commercial PUD "Base" Density Evaluation: A. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are Ord500 27 habitable space. B. Select the appropriate floor area ratio from the following table: Commercial Planned Unit Development Floor Area Ratios* Public waters classes Recreational *Average development unit floor Agricultural lakes and Natural area(sq. and tributary transition environment ft.) river segments river segments lakes 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038 *For average unit floor areas less than shown,use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown,the ratio listed for 1,000 square feet. C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. D. Divide the total floor area by tier computed in Item C. above by the average inside living area size determined in Item A. above. This yields a base number of dwelling units and sites for each tier. E. Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in Section 8.6. 8.53 Density Increase Multipliers: A. Increases to the dwelling unit or dwelling site base densities previously determined are Ord500 28 allowable if the dimensional standards in Section 5.0 are met or exceeded and the design criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or Commercial Planned Unit Developments: Density evaluation tiers Maximum density increase within each tier(percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 8.6 Maintenance and Design Criteria 8.61 Maintenance and Administration Requirements. A. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. B. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: (1) commercial uses prohibited(for residential PUD's); (2) vegetation and topographic alterations other than routine maintenance prohibited; (3) construction of additional buildings or storage of vehicles and other materials prohibited; and (4) uncontrolled beaching of watercraft prohibited. C. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential Planned Unit Developments must use an owners association with the following features: (1) membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) assessments must be adjustable to accommodate changing conditions; and (4) the association must be responsible for insurance,taxes, and maintenance of all commonly owned property and facilities. Ord500 29 8.62 Open Space Requirements. Planned Unit Developments must contain open space meeting all of the following criteria: (1) at least 50 percent of the total project area must be preserved as open space; (2) dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; (3) open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; (4) open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; (5) open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; (6) open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities; (7) the appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and (8) the shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUD's, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUD's, at least 50 percent of the shore impact zone must be preserved in its natural state. 8.63 Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PUD must: (1) be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and (2) be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff Impervious surface coverage within any tier must not exceed 25 percent of the tier area, except that for commercial PUD's 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Section 5.3. 8.64 Centralization and Design of Facilities. Centralisation and design of facilities and structures must be done according to the following standards: (1) Planned Unit Developments must be connected to publicly owned water supply Ord500 30 and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Sections 5.2 and 5.8 of this ordinance. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; (2) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Section 8.53 of this ordinance for developments with density increases; (3) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth,vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; (4) Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; (5) Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized; and (6) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 5.2 of this ordinance and are centralized. 8.7 Conversions Local governments may allow existing resorts or other land uses and facilities to be converted to residential Planned Unit Developments if all of the following standards are met: 8.71 Proposed conversions must be initially evaluated using the same procedures for residential Planned Unit Developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 8.72 Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the Ord500 31 conditional use permit. 8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include,where applicable,the following: (1) removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; (2) remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and (3) if existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities,installing new sewage treatment systems, or other means. Section 2— Summary approved. The City Council hereby determines that the text of the summary of this ordinance, marked"Official Summary of Ordinance No. 500", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3 -Effective Date. This ordinance becomes effective from and after its passage and publication of a summary of the ordinance. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1997. ORD500.RTF 32 OFFICIAL SUMMARY OF ORDINANCE NO. 500, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,AMENDING CHAPTER 11 OF THE CITY CODE REGARDING THE SHORELAND DISTRICT The following is the official summary of Ordinance No. 500, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on October 21, 1997: State requirements regarding the protection of shorelands along public waters have changed since the adoption of the City of Shakopee's current Shoreland Overlay Zone provisions, in turn necessitating revision of the City's ordinance. Section 1.0 - Statutory Authorization& Policy - This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Due to the uncontrolled use of shorelands of Shakopee, Minnesota, the Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. Section 2.0 - General Provisions & Definitions - The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.0 of this ordinance. The Zoning Official is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. Section 3.0 - Administration - A permit is required for the construction of buildings or building additions, the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by this ordinance. Application for a permit shall be made to the Building Official. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462. A variance may not circumvent the general purposes and intent of this ordinance. The Board of Adjustment and Appeals shall hear and decide requests for variances. Section 4.0 - Shoreland Classification System & Land Use Districts - The public waters of the City of Shakopee have been classified consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Scott County, Minnesota. The land use districts and the delineation of a land use district's boundaries on the Official Zoning Map must be consistent with the goals, policies and objectives of the comprehensive land use plan and the criteria as so stated in this ordinance. The land use districts and their delineated boundaries on the Official Zoning Map are not consistent with the land use district designation criteria specified in Section 4.22 herein. These inconsistent land uses may continue until revisions are proposed. Section 5.0 -Zoning and Water Supply/Sanitary Provisions - The lot area and lot width standards for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classifications are as set forth in Sections 5.11 - 5.13. Subdivisions of duplexes, triplexes and quads on Natural Environment Lakes must meet all standards of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet all standards of this ordinance. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as permissible in Section 5.20 of this ordinance. Structures must be placed in accordance with any floodplain regulations applicable to the site. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 5.21 if this structure complies with the provisions of this ordinance. Stairways and lifts, meeting City design requirements, are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. General and specific stormwater management plan standards shall be followed according to Sections 5.51 - 5.52. Special provisions for commercial, industrial, public/semipublic, agricultural, forestry and extractive uses and mining of metallic minerals and peat shall be followed according to Sections 5.61 - 5.62. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. Any public or private supply of water for domestic purposes must meet the standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. Any premises used for human occupancy must be provided with an adequate method of sewage treatment as so stated in Section 5.82 of this ordinance. Section 6.0 -Nonconformities - All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the standards as set forth in this ordinance shall also apply in shoreland areas. Section 7.0 - Subdivision Provisions - Each lot created through subdivision, including Planned Unit Developments authorized under Section 8.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Section 5.2 and 5.8 can be provided. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas. All subdivisions that create five or more lots or parcels the are 2-1/2 acres or less in size shall be processed as a plat and no permit shall be issued for lots created after these official controls were enacted unless the lot was approved aspart of a formal subdivision. Section 8.0 -Planned Unit Developments(PUD's) -PUD's are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Section 4.20 of this ordinance and the Official Zoning Map. PUD's must be processed as a conditional use except that an expansion to an existing commercial PUD involving six or less new dwelling units or sites since adoption of this ordinance is permissible as a permitted use provided the total density complies with Section 8.50. Prior to final action being taken on the application request, the applicant must submit all documents as set forth in Sections 8.31 - 8.35. The procedures for determining the"base" density of a PUD and density increase multipliers are as set forth in Section 8.50. Before final approval of a PUD, adequate provisions must be developed for preservation and maintenance of open spaces. PUD's must contain open space meeting all criteria set forth in Section 8.62 of this ordinance. Erosion control and stormwater management plans must be developed and the design of facilities and structures must be done according to standards of this ordinance. Existing land uses and facilities may be converted to residential PUD's if all standards of Sections 8.71 - 8.73 of this ordinance are met. Existing dwelling unit or dwelling site densities that exceed standards in Section 8.50 may continue but must not be allowed to be increased. i:\commdev\c61997\cc1021\sununary.doc iv, 6 . I, CITY OF SHAKOPEE Memorandum CONSENT To: Mayor and City Council _-J Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Dasher Board Advertising (Arena) Date: October 13, 1997 INTRODUCTION/BACKGROUND At the September 16, 1997, City Council Meeting, Council directed staff to draft an Advertising Agreement to allow dasher board advertising to be sold in the Shakopee Community Center's ice arena. The City will receive 60%of the gross receipts (less sales tax) and the hockey association 40%. Attached is a draft of the Advertising Agreement and, in chronological order, memos (Attachment B and C) from previous meetings. ACTION Move to authorize the appropriate City officials to execute the Advertising Agreement between the City of Shakopee and the Shakopee Hockey Association. Mark J. cQuillan Parks and Recreation Director SHAKOPEE AMATEUR HOCKEY ASSOCIATION ADVERTISING AGREEMENT This agreement,made and entered into this day of , 1997, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as "the City") and Shakopee Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota(hereinafter referred to as"SHA"). WITNESSETH: Whereas the City of Shakopee is desirous of generating revenue through the use of dasher board advertising for the Shakopee Community Center; and Whereas SHA wishes to provide dasher board advertising at the Shakopee Community Center in order to raise funds for the ongoing support of youth hockey in the community; and Whereas SHA uses dasher board advertising earnings to rent ice time at the Shakopee Community Center, which is a benefit to the City; Now, Therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SHA A. SHA agrees to provide full and complete services for the sales of dasher board advertising in the Shakopee Community Center Arena. B. SHA agrees to pay the City an amount equal to Sixty Percent(60%) of the gross receipts (less sales tax) from dasher board advertising in the Shakopee Community Center Arena and for the space that will be provided for the dasher board ads. Payments shall be made on a per ad sold basis and on a one year rental term basis. C. SHA agrees to purchase and maintain all dasher board ads,materials and supplies for advertising on the dasher boards. D. SHA agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with SHA shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. E. SHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved by the City. Such reports shall be submitted along with each remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, SHA further agrees to allow the City or the State Auditor or their agents to review,upon request, all records associated with the performance of the agreement Gross receipts shall be agreed upon by the City Finance Director. F. On or before September 1, of each year, SHA shall provide the City with a copy of the year-end Dasher Board Advertising financial report prepared by SHA for its Board of Directors. G. SHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SHA, its agents, officers, employees,volunteers. H. SHA or the City may terminate this agreement upon thirty (30) days written notice to the other party. In the event of such termination by either party, SHA agrees to pay the City the full remittance owed as of the date of termination. I. SHA agrees to comply with Minnesota Statutes 181.59 and other related state ad federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. II. DUTIES AND RIGHTS OF THE CITY A. The City Agrees to provide, maintain and repair facilities and equipment as necessary for the sale of dasher board ads. The City further agrees to provide storage for SHA inventories, subject to the limitations of available space at the Ice Arena. B. The City may immediately terminate this agreement in the event that SHA fails to provide dasher board advertising in accordance with Shakopee Community Center Ice Arena procedures or otherwise fails to perform its duties under this agreement. III. JOINT DUTIES AND RIGHTS A. SHA and the City agree that the types, sizes, and prices of dasher board ads sold by SHA shall be mutually agreed upon by the Shakopee Community Center Manager and SHA. B. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. G. The term of this agreement is for one year, commencing on October 1, 1997. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE HOCKEY ASSOCIATION President CITY OF SHAKOPEE CONSENT �1 Memorandum To: Mark McQuillan, Director of Parks and Recreation vge 01 From: Ron T. Stellmaker,Facility Manager ' Subject: Dasher Board Advertising(Arena) 0it..8-140 Date: 8/5/97 03g1 INTRODUCTI C The Shakopee Hockey Association and staff have been discussing the possibility of a joint venture between the Association and the City/Community Center in regards to selling and displaying advertising on the dasher boards in the Community Center hockey arena. BACKGROUND Currently in the arena there is banner advertising on the south wall of the arena. All sales and installation of these ads where conducted by staff. The ads involved in this agreement would be placed on the dasher boards and would have a Plexiglas cover. This type of advertising is becoming a very popular form of advertising in many other local arenas. It has proven to be another good source of income for these arenas. The proposed agreement would contain the following conditions. 1. Shakopee Hockey Association would purchase the plexiglass cases for the ads. ($135.00 each) • 2. The Association will sell and promote the ad space. 3. No Staff time involved or cost to the Community Center except for installation time. 4. 60/40 split of total sales revenue. The City would receive 60%of total revenue and the Association would receive 40%of the total revenue for their efforts. 5. The ads would be sold for$1,000.00 per ad, per year. 6. The agreement would be for one year and negotiable for the following year. • r -.' Overall this would be a win,win deal for the City and the Hockey Association. There is no risk involved for the City/Community Center due to the fact that the Hockey Association is purchasing all the supplies and selling the ads. At the July meeting of the Parks and Recreation Board,the board recommended to the City Council to approve a dasher board advertising agreement with the Shakopee Hockey Association. ALTERNATIVES 1. Move to direct staff to draft an agreement between the City of Shakopee and the Shakopee Hockey Association to have advertising on the dasher boards in the Community Center Arena. 2. Do not have advertising on the dasher boards in the Community Centel Arena. 3. Table information pending further information from staff. STAFF RECOMMENDATION Staff recommends alternative#1 ACTION REQUESTED Move to direct staff to draft an agreement between the City of Shakopee and the Shakopee Hockey Association to have advertising on the dasher boards in the Community Center Arena. CITY OF SHAKOPEE MemorandumATTACHMENT B To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Dasher Board Advertising (Arena) Date: August 26, 1997 INTRODUCTION At the August 19, 1997 City Council Meeting, Council tabled the dasher board advertising proposal for additional information from staff. The City Council directed staff to provide information to the following questions: 1)Has all banner advertising space for the south wall of the ice arena been sold? 2)How much does it cost to advertise on the south wall of the arena?and 3) What impact will advertising on the dashers board have on the sales for banner advertising on the wall? BACKGROUND 1.Has all of the banner advertising for wall space been sold? Eight of the ten available spaces for 1997 have been sold. 2.How much does it cost to advertise on the south wall of the arena? Advertising is sold at a rate of$500 per year or$800 for two years,plus the cost of the banner. All eight clients have indicated they will renew their advertising agreements.The cost to advertise on the dasher boards is $1000 per year. 3. What impact will advertising on the dashers board have on the sales for banner advertising on the wall? At this time, staff does not know what impact advertising on the dasher boards will have on the sales for banner advertising on the wall. However,staff does not feel banner advertising will be significantly affected by the dasher boards sales. We believe Shakopee has a growing and thriving commercial business climate which will enhance the potential for selling advertising space, whether it be on the walls or on the dasher boards of the ice arena. ACTION REQUESTED If Council is satisfied with staff's answers to the questions, and it concurs with conditions of the agreement outlined in Mr. Stellmaker's memo of August 8, 1997, it should, by motion, move to direct staff to draft an agreement between the City and the Shakopee Hockey Association which will allow advertising to be sold on the dasher boards in the ice arena. , Mark J. Mc i uillan Parks and Recreation Director /q8, CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan,Parks and Recreation Director Subject: Lions Park Hockey Rink Date: October 15, 1997 INTRODUCTIONBACKGROUND At its October 7, 1997 City Council Meeting, Council tabled the Lions Park Hockey Rink proposal and directed staff to submit the proposal to the Parks and Recreation Advisory Board for their review and recommendation. The Advisory Board met on Monday, October 13, 1997 for a Workshop Session and spent considerable time discussing this item. The Advisory Board felt the timing of this project was not good. The new hockey boards were not budgeted for 1997, and they believe it was unfair to "bump"other projects for this one. In addition,the Advisory Board felt the Public Works Department was already overburdened with projects, and it would be unfair to add another project at this time. RECOMMENDATION The Advisory Board suggested doing this project in 1998 by amending the 1998 Parks Capital Improvement Program to include new hockey boards for Lions Park and fund it with Park Reserve Funds. ACTION Move to remove this item from the table for discussion. Move to amend the 1998 Five Year Parks Capital Improvement Program to include new hockey boards with an asphalt surface for Lions Park with$10,000 to be allocated from Park Reserve Funds and $15,000 in contributions for a bituminous surface on one rink. Mark J. cQuillan Parks and Recreation Director SI,0.I<ore.w_ L1oY, ! Pa•cl4 'M? P'i. s - ►7-93 Is,,Q.., ( • Is...1.eeLPLQiaraor.ck I 1 , I Cesv aTa: ,i t T,4',gl L ' r' swip.;*cis PLeasur•e , • r 5Kak�� , r - Arenq S 1 _,,...,,...,,, Y cs / R, ,t31r i r vl . ''‘.:.,i Pe ;ijea.4 e fl.os7o. I60;46 - 1 •Cia art cal e. rr1IAt1 �` RmeKiAl PLay- GOLF =,-:- � my• K•401 i 1 Pool. , -S°7 1 ju?�ccevsi:a e l :,iiers`SS+ot D:43 Rc 4i co+r' '5- tt [re....A;s cpvYT-S . .� r ih r • �O.\• /•• , • �� Prof os•-•�' -Fac•. , C.+ 0. . • .M • . ' • • • . _ GT1y • ' • .• . ,••• • • ' e n .._ti?For'-Y-a.l1!.1. Qrv:emoo',- r CITY OF SHAKOPEE /)/. 8 . S_ Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Community Center Sign Date: October 15, 1997 INTRODUCTION The Shakopee Community Center does not have an outdoor sign which identifies the facility as the "community center." This item was eliminated from consideration to keep the project within budget. BACKGROUND Attached to this memo is a correspondence from Facility Manager Ron Stellmaker which outline the various types of signs under consideration. See Exhibit A. Costs will vary depending on the types of material used to make the sign. SIGN ALTERNATIVES 1. A sandblasted wood sign will cost$5,000. 2. A precast concrete sign$7,000. 3. A brick and precast sign$6,000. RECOMMENDATION Alternative#3 FUNDING ALTERNATIVES If the City Council agrees there should be an outdoor sign at the Shakopee Community Center,then Council will need to decide how to pay for it. This is not a budgeted item. Options: 1. The Parks and Recreation Operating Fund(Enterprise Fund). Budget Impact: Tight! The Parks and Recreation Operating Fund is right on target in meeting its budget expenses for FY97. At this time, staff can not predict if there will be or not be excess funds at the end of the year. This project could cause us to exceed the budget. 2. The City's General Fund Balance. Budget Impact: May have a minimum impact. Surplus funds are expect at the end of FY97. 3. The Community Center's Capital Project Fund. Budget Impact: $83,000 remains in the Capital Project Fund for the community center. Finance Director Greg Voxland indicated there is the potential to transfer the remaining funds into the Blocks 3 &4 Project. RECOMMENDATION Alternative# 3 The Parks and Recreation Director believes a"facility sign" is a basic element of any building project. Therefore, funding for the community center sign should be taken from the Capital Project Fund. ACTION REQUESTED If the City Council agrees with the notion of having an outdoor facility sign identifying the Shakopee Community Center, it should,by motion, authorize the appropriate City officials to have Menke Builders construct a Brick and Precast Sign with funding to be allocated from the Community Center's Capital Project Fund not to exceed $6,000 and $1,000 for electrical work. /111 1-'14 Mark J. 9744" cQuillan Parks and Recreation Director ti t� Fx kt /4 CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Ron T. Stellmaker, Facilities Manager Subject: Front Entrance Sign(Community Center) Date: October 14, 1997 INTRODUCTION Over the past couple of months staff has been researching into the possibilities of constructing a front entrance street sign for the Community Center. Staff has worked in conjunction with the Park and Recreation Board on developing what type of sign would best fit the Community Center. BACKGROUND Currently the Community Center currently does not have a front entrance sign to identify the facility to the public. There has been numerous times when people have entered the building and asked staff what type of facility they have entered. The Parks and Recreation Advisory Board and staff believe there is a need for an outdoor sign at the Community Center. It would be located off of Fuller St. as you enter the parking lot. Staff researched three different signs. 1. Sand Blasted Red Wood Entrance Sign (One Sided) Elements Inc. $3,000.00 - $5,000.00 - Total cost would depend on design. Appointed contractor would need to install. Price includes estimated installation cost. *Sign would require some type of maintenance after two years. 2. Precast Concrete Entrance Sign (One Sided) Wausa Tile $5,000.00 - $7,000.00 - Total cost would depend on design. Appointed contractor would need to install. Price includes estimated installation cost. 3. Brick And Precast Entrance Sign (Two Sided) Menke Builders $5,000.00 - $6,000.00 Cost also includes installation. * Sign would be similar to the design of the new Lions Park sign. * All above signs approximately 108"x 9"x 36" in size. Staff also obtained estimates to illuminate the sign. It will cost approximately $1,000.00 for electrical work and fixtures. Attachment (A) shows pictures and one drawing of the three different styles of signs listed above. Attachment (B) shows the approximate area where the front entrance sign would be located. At its September 22, 1997 meeting, the Shakopee Parks and Recreation Advisory Board Advised staff to approach the City Council with a proposal to erect an outdoor sign at the Community Center. The Board also recommended that the sign be attractive and Permanent. The brick and precast sign design by Menke Builders was preferred. . • - ATTACHMENT (A) . ►iIB • _T I '_ I . $ ID a_ .. ► ► �}! ;`. „ ���i•�s,�•� Y .G. +v' ,�1 . • CW yl...., 1�'BGG C O N D O M I N I U M • ••• .• y S M .„.......,,....rztA67: PRECAST CONCRETE ENTRANCE SIGN • (.. .. .. .. .,4 tY •t------ -r-' r• ,.: il y , . 4.4 oy,A if,Nvili kit. ' - " -ice � fr ' ,‘',0....t!•_, "::- _-,, M ------.0i `, 4 BRICK AND PRECAST ENTRANCE SIGN 3 . . _� fes . _ SN AKopE C PoikAl .. J CENVIC 4 M • COMw, N � ,♦ Y 0.1. 1-1e:c.k' . _i ... 4 I ATTACHMENT (B) RtIle>z seed. oco -1T-effl ca I 13C- 7t1CoMutY"TY CEMTE • HYC. at CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resolution Ordering Preparation of an Environmental Impact Statement (EIS)—CAMAS Minnesota, Inc., Shiely Division MEETING DATE: October 21, 1997 ITEM NO.: Introduction: On October 7, 1997,the City Council directed staff to prepare a resolution and findings of fact ordering the preparation of an EIS for the proposed quarry project on CAMAS/Shiely's western site. The attached resolution and findings are offered for the Council's consideration. The next steps will be for the City to publish notice of the preparation of an EIS in the EQB Monitor. Alternatives: 1. Approve Resolution No. 4770, A Resolution Ordering Preparation of an Environmental Impact Statement for the Camas/Shiely Shakopee Quarry Project, and direct staff to publish the appropriate notice in the EQB Monitor. 2. Do not approve Resolution No. 4770, A Resolution Ordering Preparation of an Environmental Impact Statement for the Camas/Shiely Shakopee Quarry Project 3. Table item for specific reasons. Action Requested: Alternative No. 1, approval of Resolution No. 4770, and direction to publish the appropriate notice. R. Michael Leek Community Development Director EISSHIEL/RML 1 RESOLUTION NO. 4770 A Resolution Ordering Preparation of an Environmental Impact Statement for the Camas/Shiely Shakopee Quarry Project WHEREAS, on August 5, 1997, CAMAS Minnesota, Inc., Shiely Division ("CAMAS")the proposer of the Shiely Shakopee Quarry Project (the"Quarry Project") requested additional time to provide additional information regarding the environmental impacts of the Quarry Project: and WHEREAS, that information has now been provided to the City of Shakopee, the responsible government unit for the Quarry Project in accordance with Minnesota Rules, Chapter 4410; and WHEREAS, copies of the Environmental Assessment Worksheet (the "EAW") have been distributed and made available as required by Minnesota Rules, Chapter 4410; and WHEREAS, written comments have been received regarding, the environmental impacts of the Quarry Project, the sufficiency of the EAW, and the need for an environmental impact statement (the "EIS"); and WHEREAS, staff and consultants have considered, evaluated, and responded to the written comments, which are on file with the City; and WHEREAS, representatives of the City, CAMAS, the Metropolitan Council, the Minnesota department of Natural Resources, and members of the public have met to discuss the environmental impacts of the Quarry Project, the sufficiency of the EAW, and the need for an EIS; and WHEREAS,the state legislature has declared that the purposes of the state laws governing decisions whether to order a discretionary EIS include promotion of efforts to prevent or eliminate damage to the environment, to provide for reclamation of mined lands, and to ensure that mining is performed in a manner compatible with environmental protection; and WHEREAS, state law requires that the City, as the responsible government unit, must exercise its discretion when technical disputes and uncertainties exist; and WHEREAS, based upon the Environmental Assessment Worksheet and comments received, Findings of Fact have been prepared and attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Hennepin County,Minnesota as follows: 2 EISSHIEL/RML 1. The responses to public comments on the EAW and Findings of Fact are hereby approved. 2. The quarry Project has the potential for significant environmental effects. 3. An Environmental Impact Statement will be required for the Quarry Project. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk 3 EISSHIEL/RML EXHIBIT A: RESOLUTION NO.4770 A Resolution Ordering Preparation of an Environmental Impact Statement for the Camas/Shiely Shakopee Quarry Project FINDINGS OF FACT ENVIRONMENTAL ASSESSMENT WORKSHEET SHIELY SHAKOPEE QUARRY PROJECT In accordance with Minnesota Rules, Part 4410-1700, the City of Shakopee has determined that the proposed Shiely Shakopee Quarry Project (the "Quarry Project") has the potential for significant environmental effects and finds, therefore that an Environmental Impact Statement (EIS), is required. The City's determination has been based upon its findings of fact as stated below: A. Type, Extent and Reversibility of Environmental Effects: 1. Over 15 years, approximately 11 million tons of limestone will be removed through the operations envisioned by the Quarry project. Following discontinuation of quarrying, CAMAS has proposed the creation of a 58-acre lake on the site, with depths of 90 to 100 feet. The Minnesota Department of Natural Resources has noted that"Lakes of this type are generally infertile, and therefore without nutrients inputs, production would be low and mortality could be high." Creation of this lake will essentially be irreversible once excavation has been completed. 2. The Savage Fen lies approximately 3 miles east of the proposed site. Boiling Springs and Eagle Creek lie approximately 2.5 miles east of the proposed site. The Minnesota Department of Natural Resources has identified both. CAMAS projections suggest that an increase in flow to Boiling Springs and Eagle Creek can be expected. The documentation does not indicate whether this increase will have an impact on the springs, creek, and surrounding natural resources, or whether any such impact is or will be reversible. 3. Dean's Lake, a shallow open-water wetland, lies approximately 1 mile south of the proposed site. At public meetings on the Quarry Project, residents of areas surrounding the lake raised concerns that current quarrying operations have affected the level of the lake. The Minnesota Department of Natural Resources has not determined that changes in lake level are related to the current quarrying. When the Quarry Project is fully developed, underlying water levels at Dean's Lake will be higher at its east end and lower at its west end. The documentation does not indicate whether this will have an impact on wildlife and other natural resources living in or near the lake, or whether any EISSHIEL/RML 4 such impact is or will be reversible. 4. Dust, noise, and vibrations will be present at the site during the 15 years that quarrying operations will take place. These impacts will not be reversible during this period. 5. The Minnesota Department of Natural Resources has not yet conducted studies to determine whether"rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features" exist on or near the proposed site. It is therefore"possible that ecologically significant features exist for which [the Department] has no record." Because of this uncertainty, it cannot be known whether any impacts from the Quarry Project on such features will be reversible. B. Cumulative Potential Effect of Related or Anticipated Future Projects: The Quarry Project is the expansion of an existing and related quarry operation immediately adjacent to the proposed site. The potential effect of the Quarry Project will therefore add to effects of the pre-existing quarry, and will increase the amount of end use planning and implementation necessary to close down quarrying at the site. C. The extent to Which Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority: Some environmental effects can be mitigated through action by the City or other regulatory authorities. These include such temporary effects as dust, noise, vibration, light, and similar effects. Some environmental effects, such as possible negative impacts on the Savage Fen or Boiling Springs and Eagle Creek, may be remediated at certain stages. Permanent damage may occur, however, before becoming visible to CAMAS or regulatory authorities, and thus become impossible to mitigate. Other environmental effects, such as the impact of the creation of a 58-acre lake, are, for all practical purposes, impossible to mitigate. D. The Extent to Which Environmental Effects can be Anticipated and Controlled as the Result of Other Environmental Studies Undertaken by Public Agencies or the Project Proposer or of EIS's Previously Prepared: 1. The Minnesota Department of Natural Resources has previously conducted studies concerning water levels at Dean's Lake. Additional studies have been proposed to the Department and may be undertaken in the future. The Department may also conduct a future cataloging of protectible natural resources in the vicinity of the Quarry project pursuant to its compilation of a Natural Heritage and Nongame Wildlife programs. The Department has also offered its assistance in managing the proposed 58- acre lake. At present, however,these items are unresolved by Department action. 2. The Metropolitan Council has reviewed the EAW and performed independent analysis of the Quarry Project. The Council has raised concerns about the Quarry Project's impact on the Council's Blue Lake Wastewater Treatment Facility, and has suggested that such impact cannot be easily anticipated. EISSHIEL/RML 5 ) C • RESOLUTION NO. A Resolution Ordering Preparation of an Environmental Impact Statement for the Shiely Shakopee Quarry Project WHEREAS, on August 5, 1997, CAMAS Minnesota, Inc., Shiely Division ("CAMAS") the proposer of the Shiely Shakopee Quarry Project (the "Quarry Project") requested time to provide additional information regarding the environmental impacts of the Quarry Project; and WHEREAS, that information has now been provided to the City of Shakopee, the responsible government unit for the Quarry Project, in accordance with Minnesota Rules Chapter 4410; and WHEREAS, copies of the Environmental Assessment Worksheet (the "EAW") have been distributed and made available as required by Minnesota Rules, Chapter 4410; and WHEREAS, written comments have been received regarding the environmental impacts of the Quarry Project, the sufficiency of the EAW, and the need for an environmental impact statement (the "EIS"); and WHEREAS,staff and consultants have considered,evaluated,and responded to the written comments, which are on file with the City; and WHEREAS, representatives of the City, CAMAS, the Metropolitan Council, the Minnesota Department of Natural Resources, and members of the public have met to discuss the environmental impacts of the Quarry Project, the sufficiency of the EAW, and the need for an EIS; and WHEREAS,the state legislature has declared that the purposes of the state laws governing decisions whether to order a discretionary EIS include promotion of efforts to prevent or eliminate damage to the environment and to provide for reclamation of mined lands and to ensure that mining is performed in a manner compatible with environmental protection; and WHEREAS, state law requires that the City, as the responsible government unit, must exercise its discretion when technical disputes and uncertainties exist; and WHEREAS, based upon the Environmental Assessment Worksheet and comments received, Findings of Fact have been prepared and are attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee. Hennepin County, Minnesota as follows: DJG130291 SH155-23 RESOLUTION NO. A Resolution Ordering Preparation of an Environmental Impact Statement for the Shiely Shakopee Quarry Project WHEREAS, on August 5, 1997, CAMAS Minnesota, Inc., Shiely Division ("CAMAS") the proposer of the Shiely Shakopee Quarry Project (the "Quarry Project") requested time to provide additional information regarding the environmental impacts of the Quarry Project; and WHEREAS, that information has now been provided to the City of Shakopee, the responsible government unit for the Quarry Project, in accordance with Minnesota Rules Chapter 4410; and WHEREAS, copies of the Environmental Assessment Worksheet (the "EAW") have been distributed and made available as required by Minnesota Rules, Chapter 4410; and WHEREAS, written comments have been received regarding the environmental impacts of the Quarry Project, the sufficiency of the EAW, and the need for an environmental impact statement (the "EIS"); and WHEREAS,staff and consultants have considered,evaluated,and responded to the written comments, which are on file with the City; and WHEREAS, representatives of the City, CAMAS, the Metropolitan Council. the Minnesota Department of Natural Resources, and members of the public have met to discuss the environmental impacts of the Quarry Project, the sufficiency of the EAW, and the need for an EIS; and WHEREAS,the state legislature has declared that the purposes of the state laws governing decisions whether to order a discretionary EIS include promotion of efforts to prevent or eliminate damage to the environment and to provide for reclamation of mined lands and to ensure that mining is performed in a manner compatible with environmental protection; and WHEREAS, state law requires that the City, as the responsible government unit, must exercise its discretion when technical disputes and uncertainties exist; and WHEREAS, based upon the Environmental Assessment Worksheet and comments received, Findings of Fact have been prepared and are attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee. Hennepin County, Minnesota as follows: DJG130291 SH1SS-23 1. The responses to public comments on the EAW and Findings of Fact are hereby approved. 2. The EAW, public comments, thereon, related staff reports, and all other relevant materials properly presented to the Council, orally or in writing, are incorporated herein as if set out in full. 3. The Quarry Project has the potential for significant environmental effects. 4. An Environmental Impact Statement(EIS) will be required for the Quarry Project. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. ATTEST: Mayor of the City of Shakopee City Clerk DJG130291 SH1SS-23 EXHIBIT A FINDINGS OF FACT ENVIRONMENTAL ASSESSMENT WORKSHEET SHIELY SHAKOPEE QUARRY PROJECT In accordance with Minnesota Rules,Part 4410.1700,the City of Shakopee has determined that the proposed Shiely Shakopee Quarry Project (the "Quarry Project") has the potential for significant environmental effects and finds, therefore, that an Environmental Impact Statement (EIS) is required. The City's determination has been based upon its findings of fact as stated below: A. Type, Extent and Reversibility of Environmental Effects: 1. Over 15 years, approximately 11 million tons of limestone will be removed through the operations envisioned by the Quarry Project. Following discontinuation of quarrying, CAMAS has proposed creation of a 58-acre lake on the site, with depths of 90 to 100 feet. The Minnesota Department of Natural Resources has noted that "Lakes of this type are generally infertile, and therefore without nutrient inputs, production would be low and mortality could be high." Creation of this lake will be essentially irreversible once excavation has been completed. 2. The Savage Fen lies approximately 3 miles east of the proposed site. Boiling Springs and Eagle Creek lie approximately 2.5 miles east of the proposed site. Both have been identified as "unique and highly valuable resources" by the Minnesota Department of Natural Resources, and the Savage Fen in particular is generally considered an irreplaceable natural resource deserving of the full protection offered by law. CAMAS projections suggest that an increase in flow to Boiling Springs and Eagle Creek can be expected, and its September 27, 1997 responses reiterate that the Savage Fen and Boiling Springs and Eagle Creek will be affected by the Quarry Project. The documentation does not indicate .whether this increase will have an impact on the springs, creek, and surrounding natural resources, or whether any such impact is or will be reversible. Damage to the Savage Fen however, would be of particular concern because of the extremely limited number of these types of resources, both locally and nationally. 3. Dean's Lake, a shallow open-water wetland, lies approximately 1 mile south of the proposed site. At public meetings on the Quarry Project, residents of areas surrounding the lake raised concerns that current quarrying operations have affected the level of the lake. The Minnesota Department of Natural Resources has not determined that changes in lake level are related to the current quarrying. When the Quarry Project is fully developed, underlying water levels at Dean's Lake will be higher at its east end and lower at its west end. The documentation does not indicate whether this will have • an impact on wildlife and other natural resources living in or near the lake, or whether any such impact is or will be reversible. DJG130291 SH155-23 4. Dust, noise, and vibrations will be present at the site during the 15 years that quarrying operations will take place. These impacts are necessary by-products of the proposed quarrying operations and will therefore not be reversible during this period. 5. The Minnesota Department of Natural Resources has not yet conducted studies to determine whether "rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features" exist on or near the proposed site. It is therefore "possible that ecologically significant features exist for which [the Department] has no record." Because of this uncertainty, it cannot be known whether any impacts from the Quarry Project on such features will be reversible. B. Cumulative Potential Effect of Related or Anticipated Future Projects: The Quarry Project is the expansion of an existing and related quarry operation immediately adjacent to the proposed site. The potential effect of the Quarry Project will therefore add to effects of the pre-existing quarry, and will increase the amount of end use planning and implementation necessary to close down quarrying at the site. C. The Extent to Which Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority: Some environmental effects can be mitigated through action by the City or other regulatory authorities. These include such temporary effects as dust, noise, vibration, light, and similar effects. Some environmental effects, such as possible negative impacts on the Savage Fen or Boiling Springs and Eagle Creek, may be remediated at certain stages. Permanent damage may occur, however, before becoming visible to CAMAS or regulatory authorities, and thus become impossible to mitigate. Other environmental effects, such as the impact of the creation of a 58-acre lake, are, for all practical purposes, impossible to mitigate. D. The Extent to Which Environmental Effects can be Anticipated and Controlled as the Result of Other Environmental Studies Undertaken by Public Agencies or the Project Proposer or of EIS's Previously Prepared: 1. The Minnesota Department of Natural Resources has previously conducted studies concerning water levels at Dean's Lake. Additional studies have been proposed to the Department and may be undertaken in the future. The Department may also conduct a future cataloging of protectible natural resources in the vicinity of the Quarry Project pursuant to its compilation of a Natural Heritage and Nongame Wildlife programs. The Department has also offered its assistance in managing the proposed 58-acre lake. At present, however, these items are unresolved by Department action. 2. The Metropolitan Council has reviewed the EAW and performed independent analysis of the Quarry Project. The Council has raised concerns about the Quarry Project's impact on the Council's Blue Lake Wastewater Treatment Facility, and has suggested that such impact cannot be easily anticipated. DJG130291 SH155-23 CONSENT —01 CITY OF SHAKOPEE Memorandum 1/.0. TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Participation in Metropolitan Livable Communities Act DATE: October 21, 1996 Introduction: The City of Shakopee has previously participated in the Livable Communities Act program. In order to be eligible for the Incentives Programs funds communities must notify the Metropolitan Council of their intent to participate by November 15 of each year. Participation makes communities eligible to compete for the $11.0 million available in the 3 funding accounts. Action Requested: Offer and pass a motion adopting Resolution No. 4772, and directing staff to notify the Metropolitan Council of the City's intention to participate. 4414-1/ / Julie Klima Planner II i:\commdev\c61997\cc1021\livcomm.doc RESOLUTION NO. 4772 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1998 WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS,the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account,the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites clean-up funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life- cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS,each municipality must identify to the Metropolitan Council the actions the municipality plans take to meet the established housing goals through the preparation of the Housing Action Plan; and WHEREAS,the Metropolitan Council adopted,by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1998, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1997, can participate under Minnesota Statutes Section 473.254 only if: a)the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and b)the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that it hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable communities Act during the calendar year 1998. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 21st day of October, 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT CITY OF SHAKOPEE /y. 0. 1. Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Valley Park 13th Addition Improvements Project No. 1996-8 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4773, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed except for the bituminous wear course, restoration items and all project costs identified. This project must be assessed this year according to the bond repayment schedule. These final project costs are$1,344,637.04 which consists of construction costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $1,189,060.01 Assessments Watermain Oversizing $ 47,733.11 Shakopee Pubic Utilities Storm Water Facility Oversizing $ 107,843.92 Storm Drainage Fund TOTAL PROJECT COSTS $1,344,637.04 Shakopee Public Utilities Commission's contribution is for the watermain oversizing as per their Trunk Water Policy. The City had storm water facilities oversized to provide drainage facility for a regional area and will recoup these costs upon future developments paying trunk storm water charges. The assessment roll for this project is attached for Council review and approval. ALTERNATIVES: 1. Adopt Resolution No. 4773. 2. Deny Resolution No. 4773. 3. Table Resolution No. 4773. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4773, A Resolution Adopting Assessments for Valley Park 13th Addition Improvements, Project No. 1996-8 and move its adoption. Ate Bruce Loney Public Works D erector BL/pmp MEM4773 RESOLUTION NO. 4773 A Resolution Adopting Assessments For The Valley Park 13th Addition Improvements Project No. 1996-8 WHEREAS,pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Improvements to the Valley Park 13th Addition by addition of Streets, Storm Sewer, Sanitary Sewer,Watermain,Trunk Water Charges and Street Lights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Proposed Assessments For Valley Park 13 Addition Oct. 1997 P.I.D.NO. OWNER LEGAL LOT AREA 1996-8 DESCRIPTION (ACRES) ASSESSMENT 27-219001-0 Shiely LOT 1 BLOCK 1 N/A $257,223.84 VALLEY PARK 13TH ADDITION 27-219002-0 Valley Green Business Park LOT 2 BLOCK 1 2.04 $25,835.09 5240 Valley Industrial Blvd.South VALLEY PARK Shakopee,Mn. 55379 13TH ADDITION 27-219003-0 FR Acquistions Inc. THAT PART OF LOT 1,BLOCK 2 25.06 $317,366.33 %1st Industrial LP VALLEY PARK 13TH ADDITION WHICH 150 Wacker Drive Ste 150 LIES EAST OF THE WEST 480.00' Chicago,II. 60606 OF SAID LOT 1,BLOCK 2. 27-219003-1 First Industrial Dev.Services THE WEST 480.00'OF LOT 1 BLOCK 9.97 $126,262.66 7615 Golden Triangle Dr. 2,VALLEY PARK 13TH ADDITION Suite N Eden Prairie,Mn. 55344 27-219004-0 Valley Green Business Park THAT PART OF LOT 1,BLOCK 3 18.92 $239,607.78 5240 Valley Industrial Blvd.South VALLEY PARK 13TH ADDITION LYING Shakopee,Mn. 55379 EASTERLY OF THE FOLLOWING DESCRIBED LINE:COMMENCING AT THE SW COR OF LOT 1 BLOCK 3 THENCE N 89 DEGREES,16 MIN, 17 SEC.,398.90';THENCE N 89 DEGREES 22 MIN,52 SEC.,E.ALONG THE S'ERLY LINE OF SAID LOT 1,1296.86'TO THE POINT OF BEG.OF THE LINE TO BE DESCRIBED;THENCE N 00 DEGREES 37 MIN.,40 SEC.,W,486.04'TO THE N LINE OF SAID LOT 1 AND THERE TERMINATING. 27-219004-1 FR Acquistions Inc. THAT PART OF LOT 1 BLOCK 3 17.59 $222,764.31 %1st Industrial LP VALLEY PARK 13TH ADDITION LYING 150 Wacker Drive Ste 150 WESTERLY OF THE FOLLOWING Chicago,II. 60606 LINE: DESCRIBED LINE:COMMENCING AT THE SW COR OF LOT 1 BLOCK 3 THENCE N 89 DEGREES, 16 MIN, 17 SEC.,398.90';THENCE N 89 DEGREES 22 MIN,52 SEC.,E.ALONG THE S'ERLY LINE OF SAID LOT 1,1296.86'TO THE POINT OF BEG.OF THE LINE TO BE DESCRIBED;THENCE N 00 DEGREES 37 MIN.,40 SEC.,W,486.04'TO THE N LINE OF SAID LOT 1 AND THERE TERMINATING. 73.58 $1,189,060.01 TOTAL ASSESSED COST= $1,189,060.01 SHIELY PORTION(22.222%)= $257,223.84 V.GREEN PORTION(77.778%)= $931.836.17 TOTAL= $1,189,060.01 VALLEY GREEN COST PER ACRE= $12,664.26 CONSENT CITY OF SHAKOPEE / At ID. Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Lateral Sanitary Sewer Extension-East of French Trace, Project No. 1996-9 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4774, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed and all project costs identified. These final project costs are $201,921.03, which consists of construction costs, right-of- way costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $ 25,126.69 Assessments Trunk Sanitary Sewer $176,794.34 Trunk Sanitary Sewer Fund TOTAL PROJECT COSTS $201,921.03 Included in the project is the installation of a trunk sanitary sewer line from the Chaska Interceptor to a point 800 feet east of French Trace. The property owner petitioned this project and signed a waiver of hearing and appeal of assessments. Since 100% of the property owners petitioned the project, no assessment hearing is required, only the action of considering adoption of the assessment roll. Previous estimate for lateral sanitary sewer assessments were $30,000.00. Interest rate and term of assessment was as determined by the Finance Director. ALTERNATIVES: 1. Adopt Resolution No.4774. 2. Deny Resolution No. 4774. 3. Table Resolution No. 4774. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4774, A Resolution Adopting Assessments for the Installation of Sanitary Sewer Laterals in the NE1/4 of the NW1/4 of Section 17, Township 115, Range 22; and the NW1/4 of the NW1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 and move its adoption. :nice Loney Public Works erector BL/pmp MEM4774 RESOLUTION NO. 4774 A Resolution Adopting Assessments For The Installation Of Sanitary Sewer Laterals In The NE1/4 Of The NW1/4 Of Section 17, Township 115, Range 22; And The NW1/4 Of Section 17, Township 115, Range 22, Scott County Project No. 1996-9 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Lateral Sanitary Sewer Extension East of French Trace NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 8.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PROPOSED ASSESSMENTS FOR LATERAL SEWER EXTENSION PROJ. 1996-9 October-97 P.I.D.NO. OWNER LEGAL 1996-1 DESCRIPTION ASSESSMENT 27-917023-0 Gary E&Gregory J Kerkow NE 1/4,NW 1/4 EX $25,126.69 605 Sommerville Street N.33'SECT.17 Shakopee,Mn. 55379 T115,R22 SCOTT CO. TOTAL= $25,126.69 SENA . CON 1% 0.3 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status Dean Bisek DATE: October 21, 1997 BACKGROUND: Dean Bisek started working for the City on April 21, 1997 as a maintenance worker in the Public Works Department. His six months probationary period has been competed satisfactorily. It is recommended that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Dean Bisek's probationary status. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Dean Bisek's probationary status. ACTION REQUESTED: Move to terminate Dean Bisek's probationary status. AA1-e_ drily Bruce Loney Public Works Director BL/pmp BISEK CITY OF SHAKOPEE CONSENT Memorandum ) l TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for 1997 Street Overlay Project No. 1997-2 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4767, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for the 1997 Street Overlay Project No. 1997-2. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4675 on June 3, 1997 for the 1997 Street Overlay Project. On July 15, 1997, the City Council approved Resolution No. 4705, awarding the contract to Vi-Con, Inc. of Northfield, Minnesota for $212,730.20. The improvements have been completed and final cost determined with the total construction costs for this project at $253,916.97. Costs associated with administration and engineering for the project totaled $29,594.23. The attached resolution shows how these costs are being paid and the total cost to be assessed. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $337,950.00 with the final project cost at $283,511.20. ALTERNATIVES: 1. Adopt Resolution No. 4767. 2. Deny Resolution No. 4767. 3. Table for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4767, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the 1997 Street Overlay Project No. 1997-2 and move its adoption. aN116/ Bruce Loney Public Works Director BL/pmp MEM4767 RESOLUTION NO. 4767 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The 1997 Street Overlay Project No. 1997-2 WHEREAS, a contract has been let for the improvement to various streets by bituminous overlay paving, curb & gutter and all other appurtenant work and the contract price for such improvements was $212,730.20, and the final contract price for such improvement is $253,916.97, and the expenses incurred or to be incurred in the making of such improvements amounts to $29,594.23, so that the total cost of the improvements will be $283,511.20. Of this cost the City of Shakopee will pay $216,068.82 as its share of the cost and the Shakopee Public Utilities Commission will pay$0.00 as its share of the cost. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be$67,442.38. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall,upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 18th day of November, 1997, in the Council Chambers of City Hall at 7:15 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk (CONSENT CITY OF SHAKOPEE Memorandum /y V . J ' TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for 1996 Street Reconstruction Project No. 1996-2 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4768, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for the 1996 Street Reconstruction Project No. 1996-2. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4384 on February 6, 1996 for the 1996 Street Reconstruction Project. On June 4, 1996, the City Council approved Resolution No. 4448, awarding the contract to Barbarossa& Sons, Inc. of Osseo, Minnesota for $775,693.05. The improvements have been completed and final cost determined with the total construction costs for this project at $848,382.42. Costs associated with administration and engineering for the project totaled $229,802.23. The attached resolution shows how these costs are being paid and the total cost to be assessed. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $869,176.31. Not included in the feasibility report was the watermain cost which is being billed to Shakopee Public Utilities Commission in the amount of$150,856.52. It should be pointed out that two blocks of street reconstruction were removed from the project area. The final amount declared to be assessed is $222,499.17 which is 4.6%higher than the feasibility report estimate. ALTERNATIVES: 1. Adopt Resolution No. 4768. 2. Deny Resolution No. 4768. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4768, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the 1996 Street Reconstruction, Project No. 1996-2 and move its adoption. 4 ruce Loney Public Works irector BL/pmp MEM4768 RESOLUTION NO. 4768 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments 1996 Street Reconstruction Project No. 1996-2 WHEREAS,a contract has been let for the improvement- 1996 Street Reconstruction Project - 5th Avenue, from Holmes Street to Spencer Street; 7th Avenue, from Fuller Street to Sommerville Street; Shakopee Avenue, from Holmes Street to Main Street; Fillmore Street, from 1st Avenue to 2nd Avenue; Naumkeag Street, from 1st Avenue to 2nd Avenue all by reconstruction of street, curb&gutter, sanitary sewer, storm sewer,watermain, sidewalk and all other appurtenant work and the contract price for such improvements was $775,693.05, and the final contract price for such improvement is $848,382.42, and the expenses incurred or to be incurred in the making of such improvements amounts to $229,802.23, so that the total cost of the improvements will be $1,078,184.65. Of this cost the City of Shakopee will pay$704,837.96 as its share of the cost and the Shakopee Public Utilities Commission will pay$150,856.52 as its share of the cost. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $222,490.17. 2. The City Clerk,with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall,upon the completion of such proposed assessment, notify the City Council thereof BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 18th day of November, 1997, in the Council Chambers of City Hall at 7:30 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk 0 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Downtown Alley Reconstruction Project No. 1993-9 DATE: October 21, 1997 INTRODUCTION: Attached is Resolution No. 4769, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for the Downtown Alley Reconstruction, Project No. 1993-9. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4111 on November 1, 1994 for Downtown Alley Reconstruction on Blocks 21, 22, 23, 24, 25, 29, 30 and 31 in the Downtown area.. On April 4, 1995, the City Council approved Resolution No. 4204, awarding the contract to Killmer Electric Co. of Osseo, Minnesota for$502,971.85. The improvements have been completed and final cost determined with the total construction costs for this project at $640,890.50. Costs associated with administration and engineering for the project totaled $230,720.58. The attached resolution shows how these costs are being paid and the total cost to be assessed. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $784,000.00. This project included the installation of the underground electric power system and removal of the existing overhead electric power system, in conjunction with the reconstruction of the bituminous pavements for the alleys. It should be noted that SPUC administration costs have not been finalized and agreed to by SPUC and the final numbers for the city and SPUC could possibly changed. ALTERNATIVES: 1. Adopt Resolution No. 4769. 2. Deny Resolution No. 4769. 3. Table for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4769, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30 and 31, Project No. 1993-9 and move its adoption. latot Bruce Loney Public Works 'rector BL/pmp MEM4769 RESOLUTION NO. 4769 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Downtown Alley Reconstruction; Blocks 21, 22, 23,24, 25, 29,30 And 31 Project No. 1993-9 WHEREAS,a contract has been let for the improvement of reconstructing the alleys in Blocks 21, 22, 23, 24, 25, 29, 30 and 31 and electrical undergrounding and the contract price for such improvements was $502,971.85, and the final contract price for such improvement is $640,890.50, and the expenses incurred or to be incurred in the making of such improvements amounts to $230,720.58, so that the total cost of the improvements will be $871,611.08. Of this cost the City of Shakopee will pay $575,320.20 as its share of the cost and the Shakopee Public Utilities Commission will pay$171,084.15 as its share of the cost. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $125,206.73. 2. The City Clerk,with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 18th day of November, 1997, in the Council Chambers of City Hall at 7:45 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted insession of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE /41, 7 Memorandum TO: Mayor and City Council FROM: Bruce Loney,Public Works Director SUBJECT: Trunk Highway 169/101 Turnback DATE: October 17, 1997 INTRODUCTION: The Council is asked to concur with a plan from MnDOT to turnback to Scott County the sections of U.S. 169 and Trunk Highway 101 in Shakopee which have now been replaced by the U.S. 169 "By-pass". BACKGROUND: MnDOT is turning back to Scott County for maintenance responsibilities that portion of old T.H. 101. from the U.S. 169/101 interchange,to the downtown river crossing bridge, and also the portion of what was U.S. 169 between the by-pass and Carver County line. Those two sections of roadways have been renamed County Road 101, and County Road 69, respectively. On Friday, October 17th,we were notified that Scott County needs to have a resolution of concurrence from the City for this to take place. Scott County is asking that this be done now, so that winter snow plowing routes maybe established, and these routes can be added to the County's State Aid system. Apparently,the State requires local concurrence for such turnbacks, even though they will not be turned back to the City. A resolution approving this will be on the table for the October 21st meeting. RECOMMENDATION: Staff recommends that the resolution concurring with the turnback from MnDOT to the Scott County Highway Department,those portions of the former U.S. 169, and T.H. 101,previously described. ACTION REQUIRED: If the Council concurs, it should, by motion, approve the resolution which will be on the table, concurring in the turnbacks described above. ruce Lone0, Public Wo : P irector /y. a. 7, RESOLUTION NO. 4777 ; CONCURRENCE OF COUNTY DESIGNATION OF COUNTY STATE AID HIGHWAYS 69 AND 101 WHEREAS, the County Board of the County of Scott will be adopting a resolution forthcoming locating, establishing, designating and numbering the County State Aid Highway system of Scott County; and WHEREAS, said resolution locates a segment of County State Aid Highway 69 (formerly Trunk Highway 169) and County State Aid Highway 101 (formerly Trunk Highway 169) within the corporate limits of the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee that upon adoption of the resolution by the County Board, locating or establishing the County State Aid Highway system within the city limits of the City of Shakopee, is in all things approved and effective upon the release of the highway. ADOPTED , 19 Mayor ATTEST: City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly 1 passed, adopted and approved by the City Council of said City on City Clerk City of Shakopee CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Response to Letter from Valley Paving DATE: October 21, 1997 INTRODUCTION: A copy of a letter sent by Allen Webber from Valley Paving, Incorporated, was forwarded to the City (see attached). As stated in the letter, Mr. Richard Carron has requested to discuss drainage problems on his property located at 8800 13th Avenue East. The purpose for this memo is to provide some background information regarding these drainage problems. BACKGROUND: On July 25, 1997, Tyler Enright from Ryan Contracting, Inc., requested a fill permit for the area behind the Ryan Contracting, Inc. building. This building is next door to Valley Paving, and is located on land that was once owned by Rich Canon and sold to Tom Ryan. The land sold to Tom Ryan included a wetland basin, which served as a holding area for the runoff from the two properties, plus some additional area to the south. A few years ago, Mr. Ryan applied for and received the approvals necessary to fill this wetland, and to regrade the back part of his site. The grading permit previously approved for this filling had expired, so the request by Tyler Enright was for the purpose of renewing the grading permit. On July 31, 1997, a letter was sent to Mr. Enright, listing the items needed prior to a new grading permit being issued (see attached). On August 1, 1997, Mr. Ryan contacted staff to indicate he needed the grading permit by the next day. Because of the work Ryan Contracting was doing on Maras Street, Mr. Ryan indicated he had to have the permit to take material from the Maras Street project, or he would have extra costs associated with the Maras Street project. Mr. Ryan was informed that the issues outlined in the July 31 letter would still need to be addressed. He told staff that since 1994, there has never been ponding on his site, and that it drains to the south. He agreed to submit a letter addressing the issues regarding the application (see attached letter dated August 1, 1997). On August 1, 1997, a grading permit was issued to Ryan Contracting, Inc. After the site was graded, water was being trapped on Mr. Carron's property each time it rained. Mr. Ryan agreed to pump this water, until a better storm sewer could be installed. Staff has been working towards developing a plan for installing the storm sewer necessary to help alleviate some of the drainage problems in this area. Staff has spoke to Mr. Carron, Mr. Ryan and Mr. Bob Hamill who is the President of Prairie Line, Inc. Prairie Line, Inc. is the property located adjacent to and south of Mr. Carron's and Mr. Ryan's properties. A letter is attached, dated September 11, 1997, which summarizes the discussions with these property owners. A written response was received from both Prairie Line, Inc. and Valley Paving, Inc. (see attached) As indicated in their letters, neither property owner believes they are responsible for helping with the cost to construct the ponds or other storm sewer improvements. A written response was not received from Mr. Ryan, but he verbally agreed to work with staff to resolve the drainage problems, and that he was willing to pay for much of the construction. By request, a letter was delivered to Valley Paving on October 14, 1997, which summarizes the current status. As this letter indicates, staff is working on developing a plan to help resolve some of the issues. Based on the easement located on the Prairie Line, Inc. property, a significant ponding area can be constructed which should be very similar in size to the wetland basin which once existing on Mr. Ryan's property. So even though the ultimate solution would be to provide a connection to the Maras Street storm sewer, the"temporary" solution should be similar to what it was before the fill was added to Mr. Ryan's property, and certainly much better than what exists today. Attached is a copy of the plat where Prairie Line, Inc. is located. The hatched area is the area where the ponding is proposed. Property lines to the north have been added to this drawing to show the approximate location of Ryan Contracting, and Valley Paving. top .---) ioell Rutherforssstant City Engineer VPAVING OCT. -15' 97 (WED) 13:58 VALLEY PAVING TEL:445 0355 1 yJPAV1NCIIVALLEY NCOPPORATEO NORTH OFFICE SOUTH OFFICE 4105 86th AVENUE NORTH SHA Oth AVENUE EAST BUILDING B SUITE NORTH SHAKOPEE,MN 55379 BROOKLYN PARK,MN 55443 PHONE(612)445-8615 PHONE(612)425-2988 FAX(612)445-0355 October 15, 1997 The Honorable Mayor Jeff Henderson Mayor of Shakopee 129 Holmes Street South Shakopee,MN 55379 Attn: Mr. Mark McNeill, City Administrator Dear Mayor Smith, Sh reque ng Richard A. C arron, owner of Valley Paving, Inc. 8800 - 13'Avenue East,aof watep a is si eqr st rtg to be pplaced on the October 21, 1997 agenda to discuss the accum � ust, located at the address listed above. This problem has continued since c the beginning of Aupg 1997,as a result of grading and fill work done at 8700 - 13 Avenue rty owned by Tom Ryan, owner of Ryan Contracting. on ion Mr. Joel Rutherford, Assistant City of Shakopee Engineer,has been wo Tay rest ision oat but at this time there have been nop a pond permanent resolutions made. The p is not adequate because it will not handle heavy rainfalls. do not Thank you For your consideration with this request. if you have any questions,please • hesitate to call. Sincerely, VALLEY PAVING,INC. Wetei)r-14°-(1 Secretary/Treasurer cc: Joel Rutherford, City of Shakopee ARW:lrb datS1tgrt Affirmative Action /Equal Opportunity Employer liaAl SHAKOPEE July 31, 1997 Mr. Tyler Enright Delivered Via Fax: 894-3207 Ryan Contracting, Inc. 2 Pages 8700 13th Avenue East Shakopee, Minnesota 55379 RE: Grading Permit your property Dear Mr. Enright: I have been forwarded your letter, dated July 25, 1997, and drawing regarding a request for a fill permit addressed to the building department, here at City Hall. It is my understanding that any previous permits granted by the City have expired. Based on the information submitted, the following items will be required before a"new" grading permit can be issued for the work proposed: 1. The drawing submitted does not show how the site exists now, nor does it clearly show what work is being proposed. The existing contours shown on the drawing show a depression near the southeast corner of the site, labeled as"Wetland No. 1". Based on a review of the site, this area appears to be"filled in", at least partially. Some of the"proposed" contours shown on the drawing must be "existing" because of the work already completed on the site (parking lot, etc.). Without having the correct information showing existing and proposed conditions, it is unclear as to how the 2500 cubic yards was calculated. A revised drawing must be submitted which better shows what work is actually proposed, and a revised fill quantity if required. 2. Based on the grades of the adjoining property, it is not clear where the stormwater will drain, especially if the lower area on your property is filled in. Documentation must be provided which shows that runoff to the adjacent properties will not increase as a result of the proposed work. Before a permit can be issued, this documentation must be approved by the City Engineer 3. If work is done within any existing easements, not owned by the City, documentation must be provided which shows the work has been authorized by the owner of that easmenet. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 4. A completed application form for a grading permit must be submitted with the revised drawing. An application form may be picked up at City Hall; 5. The permit review fee must be included, which consists of 7.5% of the estimated cost/value of the work. (Note: The City requires a minimum value of$1.00 per cubic yard for any excavation, filling or moving of dirt.) If you have any questions please call either myself or Bruce Loney at 445-3650. Sincerely,_ Joel R therford, .E. Assistant City Engineer AUG-01-1997 16:5? YAN CONTRACTING 612 894 3207 P.02/02 A " ►. 4411 l ` Co racting Inc. August 1, 1997 Mr.Joe Rutherford CITY OF SHAKOPEE 129 South Holmes Street Shakopee,Minnesota 55379 RE: FILL PERMIT FOR RYAN CONTRACTING PROPERTY Shakopee,Minnesota Dear Mr.Rutherford: As requested and agreed upon,Ryan Contracting will receive a fill permit for the above referenced property based on the following conditions.They are as follows, I) Ryan Contracting will pay an initial permit fcc based on 2500 cy, the final fee will be based on actual material placed.(measured by vehicular load counts) 2) Ryan Contracting will provide an as-built grading plan once completed. 3) Ryan Contracting will not be paving this area until an adequate storm sewer system is designed. 4) Ryan Contracting will notify Williams Pipeline when placing fill and will accommodate their needs. 5) Ryan Contracting will not be increasing runoff water to the adjacent properties as a result of this grading. Based on the above conditions Ryan Contracting will begranted a fill permit. Placement of this fill will commence August 2nd, 1997. _ Please review and call with any further questions. Thank You for your cooperation. Respectfully Submitted, ' tan Con r, g Inc. ,41fri40 om. •yan V,' . L 8700 13th Ave. E. • Shakopee, MN 55379 • 612-894-3200 • Fax: 612rRA4-4?.M TOTAL P.02 Pik SHAKOPEE September 11, 1997 Mr. Tom Ryan Ryan Contracting,Inc. 8700 13th Avenue East Shakopee,Minnesota 55379 RE: Update of Drainage Issues Dear Mr. Ryan: The purpose of this letter is to provide an update relating to the discussions and meetings we have had regarding the drainage of your lot,along with the drainage of the adjacent properties. Based on our conversations and evaluation of the information available, it is our understanding that the previous drainage patterns for Mr. Carron's property allowed water to drain to a wetland located on your property. This wetland area has since been filled, and water is now being trapped on Mr. Carron's property. Based on our discussions regarding the recently approved grading plan, it was understood that no increase in runoff would be allowed off your property. It is staffs opinion that this condition has not been met with the grading that was completed. During our meeting with Al Weber and Rich Carron of Valley Paving,we discussed various options for providing a positive outlet for the drainage that is backing onto the Valley Paving site. At that meeting we looked at the system along 13th Avenue and assumed it would not be deep enough to get drainage from the low area between the two lots to storm sewer pipe at the street. We also concluded that taking the water to the vacant lot west of your property was also not feasible because of the agreement between Mr. Carron and a potential buyer for that property. Taking the water to the east also appears unlikely because of the costs and the easements that would be required, and because of the amount of ponding required. We also looked at taking the water to the south. This alternative would involve constructing a small pond on your property near the existing low point, and constructing a pipe to a larger pond on the property to the south. We concluded that this alternative should be further evaluated. I agreed to further research this alternative to determine, at least on a preliminary basis, its feasibility. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 City staff has reviewed various documents at City Hall, and we have contacted Mr. Robert Hamill of Prairie Line,Inc. The plat drawings show a substantial drainage easement on the Prairie Line property,which was intended for a pond. However, it is unknown at this time which areas were to be served by this pond. Staff's current proposal is to have a small pond on your property,connected to a larger pond on the Prairie Line Property. During review of the files at City Hall, a letter was found from Peter J. Kneable at Terra Engineering,Inc.to David Nummer at the City of Shakopee, dated March 4, 1994. Based on this letter, an analysis was done to show how the runoff rates would be controlled on this site. The proposal was to construct a detention pond at the southeast corner of your property. During recent rains, some problems have occurred that were a result of the changes in runoff patterns caused by the grading of the site. As a temporary measure of the problems that occur during rainfall,I have been informed that you have been pumping the areas that are now ponding water. Also,based on information from Mr. Hamill, a ditch has been excavated to also help drain the area between Valley Paving's site and your site. Although these measures are providing a temporary solution, staff believes a permanent solution is needed. We want to work with all the property owners affected, and to reach an agreement for getting the ponds constructed, and for installing the storm sewer required to get the water to the pond, and ultimately to Maras Street. The cost for the improvements, and who will pay for them has not yet been determined. Based on comments from the various meetings and conversations, staff is under the impression that Mr. Carron does not feel he is responsible for any of these improvements, because he feels the system was working until the fill was placed on your property late this summer. Mr. Hamill also does not feel responsible because he feels his existing storm drainage system is adequate for his site. Mr. Hamill also believes that each property owner should be responsible for the drainage generated from each site. Staff believes the combination of the smaller pond with the larger pond would be adequate for all three properties, especially if an outlet can be installed to the storm system currently being installed along Maras Street. Staff is prepared to perform the hydrologic analysis and design for the improvements, if an agreement can be reached regarding who will pay for the improvements. You had indicated you would be willing to sign a petition for a public improvement. At this time we are not sure how much these improvements would cost,nor the amount that you would be willing to pay for. At this time staff feels we need additional feedback from the three property owners to determine the next step. Staff feels the improvements should include taking the water from the storm pond to Maras Street so that the new pond would have a positive outlet. Staff also believes that the City Council may be willing to pay for some of the costs of the outlet from the pond to Maras Street, if an agreement can be reached between the property owners regarding the cost for the ponds and other storm sewer improvements required within your property and Mr. Hamill's property. Because we are asking for input from all the property owners affected, I am sending a copy of this letter to both Mr. Weber and Mr.Hamill. If you have any questions or comments, or if you would like additional information, please call either myself or Bruce Loney at 445-3650. Sincerely, /94e, Rutherford,P.E. istant City Engineer c: Al Weber;Valley Paving,Inc. Bob Hamill,Prairie Line,Inc. File; Grading Permits-Ryan Contracting VALLEY______________________ PAVING INCORPORATED NORTH OFFICE SOUTH OFFICE 4105 85th AVENUE NORTH 8800 13th AVENUE EAST BUILDING B SUITE 203 SHAKOPEE,MN 55379 BROOKLYN PARK,MN 55443 PHONE(612)445-8615 PHONE(612)425-2988 FAX(612)445-0355 September 29, 1997 # pp• b Mr. Joel Rutherford Cj� 4�' I City of Shakopee OPS 129 Holmes Street South '~ '9� ;'- ',� J' Shakopee,MN 55379 RE: Your letter dated 9/11/97 Dear Joel, As per your request for additional feedback regarding the water problem with my property I would like to state the following. 1. As I am sure that you know, it is unlawful by state law to block/trap drainage of existing water run off from one property to another. 2. Tom Ryan agreed to pump off any standing water should it accumulate,this is not being done. 3. This problem was created by Ryan blocking the existing drainage. 4. When it rains, 20% - 30% of our yard is unusable. We need and require 100%use of our yard. This is causing an unnecessary cost burden. 5. This problem must be corrected immediately first, after verifying the proposed remedy will work before the ground freezes. If you have any comments or questions regarding the above, please do not hesitate to call. Sincerely, VALLEY PAVING,INC. ". are A. Canon President RAC:lrb • AISPICOWS. / . 100% RECYCLABLE Affirmative Action/ Equal Opportunity Employer 1393 COUNTY ROAD 18 SHAKOPEE,MINNESOTA 55379 (612)445-0934 ,41` fr # 8 PflAIItIE LINE, 30 097 Em Mr. Joel Rutherford P.E. 9/17/97 Assistant City Engineer City of Shakopee 129 Holmes Street So. Shakopee, MN. 55379-1351 Re: Drainage Issues Dear Mr. Rutherford: I received a copy of the letter you wrote to Mr. Tom Ryan of Ryan Contracting concerning the drainage issues and wish to submit the following: 1 . We concur with Mr. Bruce Loney that the city of Shakopee has a drainage easement on a triangular portion of our property. However, without taking accurate measurements, I am not sure that the Northwesterly corner of this easement abutts the Southeast corner of the Ryan property. Enclosed are copies of the plot showing the easement and water retention basin. 2. At the time our conditional use permit was granted, we were required to submit plans for a storm water detention facility that would contain our storm water on our property. We fully complied with this requirement—and completed the facility. Enclosed are copies of the letter from the city requiring this work and a copy of the stormwater management plan. Similar requirements must have been placed on other property owners. 3 . When the water retention basin existed on the Southeast corner of the Ryan property, drainage was not an issue for Valley Paving, Ryan Contracting or ourselves. 4. Potential ground water pollution from runoff becomes a real concern because it would all end up in the retention basin on our property. 5. As you can see, we have already spent a considerable amount of effort and money complying with the City' s requirements for stormwater containment, erosion control and screening. We see no reason for the construction of a retention basin that would make the Eastern 380 ' or 39% of our property unusable for any purpose. Due to the existance of the drainage easement, we may or may not have a strong voice in the final decision on a drainage plan. We would not, however, pay any additional costs for such a facility if constructed. Sincerely, C-2.4eti-ei,` qz/Ri/L.--,-ell—C Robert F. Hamill President Al SHAKOPEE October 14, 1997 ----Mr. Al Weber Delivered Via Fax: 445-0355 Valley Paving Incorporated 1 page 8800 13th Avenue Shakopee,Minnesota 55379 RE: Current Status - Storm Sewer Improvements Dear Mr. Weber: As requested during our phone conversation,I am providing the current status of the referenced project, and also a preliminary schedule of when to expect these improvements. Staff has talked with Mr. Bob Hamill of Prairie Line, Inc., and are aware of the issues he is concerned with. We want to develop a plan to show him; one that addresses those issues. We hope to have a plan developed this week, and after we discuss the plan with Mr. Hamill,we will ask Tom Ryan to construct the improvements. He has tentatively agreed to construct a small pond on his property, a larger pond in the easement on Mr. Hamill's property, and a pipe connecting the two ponds. These improvements will provide an outlet for the water current being ponded on the Valley Paving property. In the future, a permanent outlet will be constructed to connect the ponds to the storm sewer at Maras Street. Our plan is to review the plan with Mr. Hamill and Mr. Ryan within the next two weeks, so that construction can be completed before the ground freezes. I hope this information is what you are looking for at this time. If you have any questions,or would like additional information,please call me and I will be happy to assist. Sincerely, Joel R erfor ,P.E. Assistant City Engineer 10/14/97 Page 1 -ALWEBROI.DOC COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 `. --- / 44 Lit isa fP ayi p au t 4sD3 M„LI ,81000 _ ---9t7'0£2j-- • - £Z'5 91 7_ £Z S91 _ �� , ;, i 0A4t , 7q., / /A4107Sip'vrA, 'I.14:1 7 ! c� � �4'' + �� i V 42' ,' & ,c0 104; ; -V , ,, (08, 0 , - , /rbk-* , A b c �, 1 • � 4 'ZS � Io a go-.1 ..,„ 1 / 1r2i 7,, \ 7.4,4. aeY 111111' O i Zd e M i a_ CO cD 4k, • ,/ i �Mti 'w 1 1m —ate �tC3 co �.0 O N o r 7,9-01 Tr) ,inM o ,j� 4 / a,�N � �� ^ , Ial a)V)o I S X� ��0 �I ;� `v 1Zd 0 p ' CD II c c t i o L + o O 1 X 1 -70) I I ..\ Olt 11 ' , I V , _ 0e7c1 1 1 l ,( I - 1 ^".r .�-�».gym rx"% .. .. 9 6`�� EP? ,`a 0 .,7 . • oN 573 DRAINAGE 103E.005 -tHi 10 `i PROCEDURE TO REPAIR DRAINAGE SYSTEMS 103E.741 Inclusion of property that has not 103E.701 Repairs. been assessed benefits. 103E.705 Repair procedure. 103E.745 Cost of repair exceeding benefits in 103E.711 Cost apportionment for joint county Anoka county. drainage systems. CONSOLIDATION,DIVISION,AND 103E.715 Procedure for repair by petition. ABANDONMENT OF DRAINAGE SYSTEMS 103E.721 Replacement and hydraulic capacity 103E.801 Consolidation or division of drainage of bridges and culverts. systems. 103E.725 Cost of repair. 103E.805 Removal of property from and partial 103E.728 Apportionment of repair costs. abandonment of a drainage system. 103E.731 Assessment;bonds. 103E.811 Abandonment of drainage system. 103E.735 Drainage system repair fund. GENERAL PROVISIONS 103E.005 DEFINITIONS. Subdivision 1.Applicability.The definitions in this section apply to this chapter. Subd. 2.Affected."Affected" means benefited or damaged by a drainage system or project. Subd.3.Auditor."Auditor"means the auditor of the county where the petition for a drainage project was properly filed. Subd.4.Board."Board"means the board of commissioners of the county where the drainage system or project is located. Subd. 5. Commissioner. "Commissioner" means the commissioner of natural re- sources. Subd.6.Director."Director"means the director of the division of waters in the depart- ment of natural resources. Subd.7.Dismissal of proceedings."Dismissal of proceedings"means that the petition and proceedings related to the petition are dismissed. Subd. 8.Ditch."Ditch"means an open channel to conduct the flow of water. Subd. 9. Drainage authority."Drainage authority" means the board or joint county drainage authority having jurisdiction over a drainage system or project. Subd. 10. Drainage lien."Drainage lien"means a lien recorded on property for the costs of drainage proceedings and construction and interest on the lien,as provided under this chapter. Subd. 11.Drainage project."Drainage project"means a new drainage system,an im- provement of a drainage system,an improvement of an outlet,or a lateral. Subd.12.Drainage system."Drainage system"means a system of ditch or tile,or both, to drain property, including laterals, improvements, and improvements of outlets, estab- lished and constructed by a drainage authority."Drainage system"includes the improvement of a natural waterway used in the construction of a drainage system and any part of a flood control plan proposed by the United States or its agencies in the drainage system. Subd. 13.Engineer."Engineer"means the engineer for a drainage project appointed by the drainage authority under section 103E.241,subdivision 1. Subd.14.Established."Established"means the drainage authority has made the order to construct the drainage project. Subd. 15.Lateral."Lateral"means any drainage construction by branch or extension, or a system of branches and extensions,or a drain that connects or provides an outlet to prop- erty with an established drainage system. Subd. 16.Municipality."Municipality"means a statutory or home rule charter city or a town having urban powers under section 368.01,subdivision 1 or la. Subd. 17.Notice by mail."Notice by mail"means a notice mailed and addressed to each person entitled to receive the notice,if the address is known to the auditor or can be determined by the county treasurer of the county where the affected property is located. Subd. 18.Owner."Owner"means an owner of property or a buyer of property under a contract for deed. 103E.005 DRAINAGE 574 Subd.19.Passes over."Passes over"means in reference to property that has a drainage project or system, the 40—acre tracts or government lots or property that is bordered by, touched by,or underneath the path of the proposed drainage project. Subd.20.Person."Person"means an individual,firm,partnership,association,or pri- vate corporation. Subd. 21.Political subdivisions."Political subdivisions"means statutory and home rule charter cities,counties,towns,school districts,and other political subdivisions. Subd. 22. Proceeding."Proceeding"means a procedure under this chapter for or re- lated to drainage that begins with filing a petition and ends by dismissal or establishment of a drainage project. Subd.23.Property."Property"means real property. Subd.24.Publication."Publication"means a notice published at least once a week for three successive weeks in a legal newspaper in general circulation in each county affected by the notice. Subd.25.Public health."Public health"includes an act or thing that tends to improve the general sanitary condition of the community by drainage,relieving low wetland or stag- nant and unhealthful conditions,or preventing the overflow of any property that produces or tends to produce unhealthful conditions. Subd.26.Public waters."Public waters"has the meaning given in section 103G.005, ` subdivision 15. Subd.27. Public welfare or public benefit."Public welfare"or"public benefit"in- cludes an act or thing that tends to improve or benefit the general public,either as a whole or as to any particular community or part,including works contemplated by this chapter,that drain or protect roads from overflow,protect property from overflow,or reclaim and render property suitable for cultivation that is normally wet and needing drainage or subject to over- flow. Subd.28.Road."Road"means any road used by the public for transportation purposes. History: 1990 c 391 art 5 s 1 103E.011 DRAINAGE AUTHORITY POWERS. Subdivision 1. Generally.The drainage authority may make orders to: (1)construct and maintain drainage systems; (2)deepen,widen,straighten,or change the channel or bed of a natural waterway that is part of the drainage system or is located at the outlet of a drainage system; (3)extend a drainage system into or through a municipality for a suitable outlet;and (4) construct necessary dikes, dams, and control structures and power appliances, pumps,and pumping machinery as provided by law. Subd.2.Drainage of waterbasins and watercourses.A drainage authority may not drain a water body or begin work or activity regulated by the public waters work permit re- quirement under section 103G.245 in a watercourse until the commissioner determines that the water body or watercourse is not public waters.If a water body or watercourse is deter- mined to be public waters,the drainage proceedings are subject to section 103G.215 relating to replacing public waters and the water bank program. Subd. 3. Permission of commissioner for work in public waters; application.(a) The drainage authority must receive permission from the commissioner to: (1)remove,construct,or alter a dam affecting public waters; (2)establish,raise,or lower the level of public waters;or (3)drain any portion of a public water. (b)The petitioners for a proposed drainage project or the drainage authority may apply to the commissioner for permission to do work in public waters or for the determination of public waters status of a water body or watercourse. Subd.4.Flood control.The drainage authority may construct necessary dams,struc- tures,and improvements and maintain them to impound and release flood water to prevent 575 DRAINAGE 103E.021 damage. The dams, structures, and improvements may be constructed with or without a drainage project.For a water body or watercourse that is not public waters the drainage au- thority may: (1)lower or establish the level of water in the water body or watercourse to control flood waters; (2)build structures and improvements to maintain a water body or watercourse for flood control or other public purposes;and (3)construct dikes or dams in a water body to maintain water at the level designated by the drainage authority and to drain part of the water body. History:1990 c 391 art 5 s 2 103E.015 CONSIDERATIONS BEFORE DRAINAGE WORK IS DONE. Subdivision 1.Environmental and land use criteria.Before establishing a drainage project the drainage authority must consider: (1)private and public benefits and costs of the proposed drainage project; (2) the present and anticipated agricultural land acreage availability and use in the drainage project or system; (3)the present and anticipated land use within the drainage project or system; t (4) flooding characteristics of property in the drainage project or system and down- stream for 5—, 10—,25—,and 50-year flood events; (5)the waters to be drained and alternative measures to conserve,allocate,and use the waters including storage and retention of drainage waters; (6)the effect on water quality of constructing the proposed drainage project; (7)fish and wildlife resources affected by the proposed drainage project; (8)shallow groundwater availability, distribution, and use in the drainage project or system;and (9)the overall environmental impact of all the above criteria. Subd.2.Determining public utility,benefit,or welfare.In any proceeding to estab- lish a drainage project,or in the construction of or other work affecting a public drainage system under any law,the drainage authority or other authority having jurisdiction over the proceeding must give proper consideration to conservation of soil,water,forests,wild ani- mals,and related natural resources,and to other public interests affected,together with other material matters as provided by law in determining whether the project will be of public util- ity,benefit,or welfare. History:1990 c 391 art 5 s 3 103E.021 DITCHES MUST BE PLANTED WITH PERMANENT GRASS. Subdivision 1.Spoil banks must be spread and grass planted.In any proceeding to establish,construct,improve,or do any work affecting a public drainage system under any law that appoints viewers to assess benefits and damages,the authority having jurisdiction over the proceeding shall order spoil banks to be spread consistent with the plan and function of the drainage system.The authority shall order that permanent grass,other than a noxious weed,be planted on the banks and on a strip 16-1/2 feet in width or to the crown of the leveled spoil bank,whichever is the greater,on each side of the top edge of the channel of the ditch. The acreage and additional property required for the planting must be acquired by the author- ity having jurisdiction. Subd.2.Reseeding and harvesting grass.The authority having jurisdiction over the repair and maintenance of the drainage system shall supervise all necessary reseeding.The permanent grass must be maintained in the same manner as other drainage system repairs. Harvest of the grass from the grass strip in a manner not harmful to the grass or the drainage system is the privilege of the fee owner or assigns.The county drainage inspector shall estab- lish rules for the fee owner and assigns to harvest the grass. t....._ Subd. 3.Agricultural practices prohibited.Agricultural practices,other than those required for the maintenance of a permanent growth of grass,are not permitted on any por- tion of the property acquired for planting. 579 DRAINAGE 103E.091 Subd. 3. Obstruction hearing.The board shall hear all interested parties and if the board determines that the drainage system has been obstructed by a person or public author- ity,the board shall order the obstruction removed by the responsible party within a reason- able time set in the order.If the obstruction is not removed by the prescribed time,the board shall have the obstruction removed and the auditor shall make a statement of the removal cost.The statement must be filed in the county recorder's office as a lien on the property where the obstruction is located or against the responsible party.The lien must be enforced and collected as liens for drainage repairs under this chapter,except that a lien may not be filed against private property if the board determines that the owner of the property is not responsible for the obstruction.The lien may be enforced against the responsible party by civil action. History:1990 c 391 art 5 s 16 103E.081 CRIMES RELATED TO DRAINAGE SYSTEMS;PENALTIES. Subdivision 1.Unauthorized drain outletting into drainage system.A person may not cause or construct a drain that outlets into a lawfully constructed drainage system except as provided in this chapter. Subd.2. Obstruction or damage of a drainage system.A person may not willfully obstruct or damage a drainage project or system. Subd.3.Altering engineer's marking of stakes.A person may not willfully change the location or alter markings of stakes set by the engineer in a drainage project or system. Subd.4.Penalty.Violation of this section is a misdemeanor. History:1990 c 391 art 5 s 17 103E.085 ENFORCEMENT. Subdivision 1.Warrants and arrests.An enforcement officer, as defined in section 97A.015,subdivision 18,may execute and serve warrants,and arrest persons detected in ac- tual violation of sections 103E.005 to 103E.811 as provided in sections 97A.205 and 97A.211. Subd.2.Prosecution.The county attorney shall prosecute all criminal actions arising under this chapter. History:1990 c 391 art 5 s 18 103E.091 APPEALS. Subdivision 1.Grounds for appeal.A party may appeal to the district court from a re- corded order of a drainage authority made in a drainage proceeding that determines: (1)the amount of benefits; (2)the amount of damages; (3)fees or expenses allowed;or (4) whether the environmental and land use requirements and criteria of section 103E.015,subdivision 1,are met. Subd.2.Procedure for appeals related to benefits and damages.(a)A person who appeals the amount of benefits or damages may include benefits and damages affecting prop- erty not owned by the appellant.Notice of the appeal must be served to the auditor and to the owner or occupant of property included in the appeal or to the attorney representing the prop- erty owner in the proceedings. (b)The appellant must file a notice of appeal with the auditor within 30 days after the order to be appealed is filed.The notice must state the particular benefits or damages ap- pealed and the basis for the appeal.Within 30 days after the notice is filed,the auditor must file the original notice with the court administrator of the district court. Subd.3.Procedure for appeal related to allowance of fees or expenses.An appeal related to the allowance of fees or expenses may be to the district court of any county where the affected property is located.The appeal must be made within 30 days after the order al- lowing or disallowing the claim and is governed as applicable by the provisions of subdivi- sion 4. 581 DRAINAGE 103E.111 103E.097 PAYMENT OF ATTORNEY FEES ON APPEAL. If the commissioner of natural resources is a party making an appeal under section 103E.091 or 103E.095 and the commissioner does not prevail on the issues appealed,the court may award attorney fees to the party prevailing on the appeal.If more than one issue is appealed and the commissioner prevails on some issues and does not prevail on others,the court shall determine the amount of the attorney fee to be awarded. History:1990 c 391 art 5 s 21 103E.101 DRAINAGE PROCEEDING AND CONSTRUCTION RECORDS. Subdivision 1. Documents are public records. All maps, plats, charts, drawings, plans,specifications,and other documents that have been filed,received in evidence,or used in connection with a drainage proceeding or construction are subject to the provisions on public records in section 15.17. Subd.2.Record requirements.All maps,plats,profiles,plans,and specifications pre- pared and used in relation to a proceeding must: (1)be uniform; (2)have each sheet bound and marked to identify the proceeding by the drainage project and system number; (3)show the name of the person preparing the sheet; (4)show the date the sheet was prepared;and (5)conform to rules and standards prescribed by the director of the division of waters. Subd.3.Index of proceedings and records.The auditor shall keep all orders,exhibits, maps,charts,profiles,plats,plans,specifications,and records of the proceedings.These re- cords may not be removed except when the board makes a written order to remove them.The auditor shall keep an accurate index of the proceedings and related documents in a bound book. Subd.4.Engineer's documents.All original plats,profiles,records,and field books made by the engineer during the proceedings or the construction of a drainage project are public records and the property of the drainage authority.These public records must be filed with the auditor under the direction of the drainage authority when construction is completed or when the engineer stops acting for the drainage project,whichever is earlier. Subd. 5. Filing and storage facilities. County boards shall provide the auditor with necessary filing and storage facilities to protect the files and records of all proceedings.The county boards may provide for the copying and filing of the documents and records of pro- ceedings by photographic devices as provided for public records under section 15.17.In the event of loss of the originals,the photographic copies are originals after authentication by the auditor. Subd. 6. Records are prima facie evidence. The record of proceedings under this chapter and of orders made by the drainage authority or the district court in the proceedings, or a certified copy of a record or order,is prima facie evidence of the facts stated in the record or order and of the regularity of all proceedings prior to the making of the order. History:1990 c 391 art 5 s 22 103E.105 ADVICE ABOUT DRAINAGE QUESTIONS. The director shall provide advice to a drainage authority or engineer, upon request, about engineering questions or problems in connection with a drainage project or drainage system. History:1990 c 391 art 5 s 23 103E.111 FIELD SURVEYS AND INVESTIGATIONS BY DIRECTOR. Subdivision 1.Authorization.If a field survey or investigation of a drainage project or drainage system is determined to be necessary by the director or is requested in writing by the drainage authority,the director may conduct the survey or investigation. 583 DRAINAGE 103E.215 Subd.5.Petitioners'bond.One or more petitioners must file a bond with the petition for at least$10,000 that is payable to the county where the petition is filed,or for a petition for a proposed joint county drainage system or a petition for a drainage project affecting a joint county drainage system,the bond must be payable to all of the counties named in the petition. The bond must have adequate surety and be approved by the county attorney where the peti- tion is filed.The bond must be conditioned to pay the costs incurred if the proceedings are dismissed or a contract is not awarded to construct the drainage system proposed in the peti- tion. Subd.6.Expenses not to exceed bond.The costs incurred before the proposed drain- age project is established may not exceed the amount of the petitioners'bond.A claim for expenses greater than the amount of the bond may not be paid unless an additional bond is filed.If the drainage authority determines that the cost of the proceeding will be greater than the petitioners'bond before the proposed drainage project is established,the drainage au- thority must require an additional bond to cover all costs to be filed within a prescribed time. The proceeding must be stopped until the additional bond prescribed by the drainage author- ity is filed.If the additional bond is not filed within the time prescribed,the proceeding must be dismissed. History:1990 c 391 art 5 s 27 103E.212 NEW DRAINAGE SYSTEM PROJECTS. Subdivision 1.Procedure.To establish a new drainage system under this chapter,the petitioners and drainage authority must proceed according to this section and the provisions applicable to establishment of drainage projects. Subd.2.Signatures on petition.The petition for a new drainage system must be signed by a majority of the owners of the property that the proposed drainage system described in the petition passes over,or by the property owners of at least 60 percent of the area that the pro- posed new drainage system passes over. Subd.3.Petition requirements.The petition must: (1)describe the 40—acre tracts or government lots and property where the proposed new drainage system passes over,including names and addresses of the property owners from records in the county assessor's office; (2) describe the starting point, the general course, and the terminus of the proposed drainage system; (3)state why the proposed drainage system is necessary; (4)state that the proposed drainage system will benefit and be useful to the public and will promote public health;and (5)state that the petitioners will pay all costs of the proceedings if the proceedings are dismissed or the contract for the construction of the proposed drainage system is not awarded. History:1990 c 391 art 5 s 28 103E.215 IMPROVEMENT OF DRAINAGE SYSTEM. Subdivision 1.Procedure.The procedure in this section must be used to improve an established and constructed drainage system. Subd.2.Definition.In this section"improvement"means the tiling,enlarging,extend- ing,straightening,or deepening of an established and constructed drainage system including II, construction of ditches to reline or replace tile and construction of tile to replace a ditch. Subd. 3. Limit of extension. An improvement may only extend a drainage system j downstream to a more adequate outlet and the extension may not exceed one mile. Subd.4.Petition.(a)A petition must be signed by: (1)at least 26 percent of the owners of the property affected by the proposed improve- ment; (2)at least 26 percent of the owners of property that the proposed improvement passes over; 103E.215 DRAINAGE 584 (3)the owners of at least 26 percent of the property area affected by the proposed im- provement;or (4)the owners of at least 26 percent of the property area that the proposed improvement passes over. (b)The petition must be filed with the auditor or,for a drainage system in more than one county,with the auditor of the county having the largest area of property the improvement would be located on. (c)The petition must: (1)designate the drainage system proposed to be improved by number or another de- scription that identifies the drainage system; (2)state that the drainage system has insufficient capacity or needs enlarging or extend- ing to furnish sufficient capacity or a better outlet; (3)describe the starting point,general course,and terminus of any extension; (4) describe the improvement, including the names and addresses of owners of the 40—acre tracts or government lots and property that the improvement passes over; (5)state that the proposed improvement will be of public utility and promote the public health;and (6)contain an agreement by the petitioners that they will pay all costs and expenses that may be incurred if the improvement proceedings are dismissed. Subd.5.Subsequent proceedings.When a petition and the bond required by section 103E.202 are filed,the auditor shall present the petition to the board at its next meeting or,for a joint county drainage system,to the joint county drainage authority within ten days after the petition is filed.The drainage authority shall appoint an engineer to examine the drainage system and make an improvement report.The improvement proceedings must be conducted under this chapter as provided for the original proceedings for the establishment of a drain- age project.The benefits and damages determined must be as a result of the proposed im- provement.Assessments for the repair of the improvement must be based on the benefits de- termined for the improvement. Subd.6.Petition for separable part of the drainage system needing repair.(a)If the existing drainage system needs repair and the petition for the improvement is for a separable part only of the existing drainage system,the engineer may include in the detailed survey report a statement showing the proportionate estimated cost of the proposed improvement required to repair the separable part of the existing system and the estimated proportionate cost of the added work required for the improvement.The notice of hearing on the detailed survey report must be given by publication and mailing to all persons owning property af- fected by the existing drainage system.The hearing may be held at the same time and location as the establishment hearing for the improvement. (b)At the hearing,if the drainage authority determines that only a separable portion of the existing drainage system will be improved and that the portion needs repair,the drainage authority shall determine and assess,by order,the proportionate cost of the improvement that would be required to repair the separable portion of the drainage system to be improved.The order must direct that: (1)the repair portion is allocated as repairs and assessed against all property benefited by the entire drainage system,as provided by section 103E.731;and (2)the balance of the cost of the improvement is assessed in addition to the repair as- sessment against the property benefited by the improvement. History:1990 c 391 art 5 s 29 103E.221 IMPROVEMENT OF OUTLETS. Subdivision 1.Conditions for improvement of outlets.If a public or private proposed drainage project or existing drainage system has waters draining into an existing drainage system,watercourse,or body of water,and the construction or proposed construction of the drainage project causes an overflow of the existing drainage system,watercourse,or body of water on adjoining property,an affected county or the owners of the overflowed property may start outlet improvement proceedings under this section. CONSENT CITY OF SHAKOPEE E' 1, Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Underground Storage Tank Leak DATE : October 6, 1997 Introduction This memo addresses continuing follow up from the pollution problems resulting from the previous fuel tanks the city owned. Background A couple of years ago, the city replaced its 5 underground storage tanks with 2 new ones and a small tank inside of the Public Works building. Contaminated soil was found at one site and apparently came from occasional overfilling or a leak in the piping. The old tanks appeared to be in sound condition. The tanks were replaced due to age and to upgrade to meet new pollution requirements . The leak also went into the ground water through fractured bedrock. Since then, the city has installed 6 monitoring wells to track the direction and amount of the pollution. Conditions appear to have stabilized. The environmental engineer retained by the city is recommending installing a 7th monitoring well at a northwest location to track the "plume" . Location would be in the alley west of the SPUC building. Funding is from the contingency appropriation. Estimated costs would be about $6, 000 . The EPA is also recommending one more well . The engineer is trying to get the EPA to commit to just one more well in order to close the project . Recommendation Proceed with the environmental engineers recommendation. � 1 Action, Move to authorize the installation of a 7th monitoring well to the northwest of the Public Works fuel pumps . U Greg Voxland Finance Director is\finance\docs\gregg\lusts.doc CITY OF SHAKOPEE Menzorunrlunz ) 1• E, TO: Mayor and City Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director CONSENT SUBJECT: 1997 Budget Amendment Resolution No. 4766 DATE: • October 14, 1997 Introduction and Background: Several items have been purchased during 1997 that were not included in the 1997 budget, the Public Works and Police Unions have received new contracts, and the Nonunion employees were moved to a new payplan on 1/1/97. Therefore an amendment to the 1997 budget is required. The following is a list of the items that must be funded by an offset to the general fund contingency account: Item Division Account# Amount City hall asbestos Govt. bldgs 0181-4230 $18,800. Fire station roof Fire 0321-4230 11,000. Library A/C Govt. bldgs 0182-4230 11,000. CD/siren install Police 0351-4550 1,730. Wage adjustment City Clerk 0131-4101,4121,4122 3,370. Wage adjustment Finance 0151-4101,4121,4122 6,370. Wage adjustment Inspections 0331-4101,4121,4122 5,650. Wage adjustment Shop 0441-4101,4121,4122 850. Wage adjustment Park Maint. 0621-4101,4121,4122 6,040. Wage adjustment Police 0311-4101,4121,4122 20,820. The total amount provided by a decrease in the contingency account is$ 85,630. Other items requiring an amendment pursuant to previous Council actions are as follows: Expense side Revenue side Item Division Account# Account# Amount Police overtime Police 0314-4102 0314-3420 $15,780. Police overtime Police 0317-4102 0317-3420 3,000. Heartstart 911 Fire 0321-4550 9001-3623 3,700. Building Fund Unall. 0911-4722 Fund balance 500,000. Transfer to DS93B 0911-4722 Fund balance 151,705. Transfer to Debt Service 0911-4722 Fund balance 242,682. Attached is a resolution that amends the 1997 budget to provide for the items as listed above. Contingency Status: This Resolution will bring the balance down to $24,370. Recommendation: Adopt the budget amending resolution as prepared. Action: Offer Resolution No. 4766 a resolution amending Resolution No. 4.585 adopting the 1997 Budget and move its adoption. RESOLUTION 4766 A RESOLUTION AMENDING RESOLUTION 4585 ADOPTING THE 1997 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 1997 General Fund budget is increased as follows; Division Amount City Clerk $3,370. Finance 6,370. Inspections 5,650. Shop 850. Park Maint. 6,040. Police 41,330. Fire 14,700. Govt. bldgs 29,800. Unallocated 894,387. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk p CITY OF SHAKOPEE / I, E. 5, Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Minimum Wage Increase DATE: October 14, 1997 INTRODUCTION: The Council is asked to amend the 1997 Part-time Pay Plan to bring the City in compliance with new laws governing minimum wage. BACKGROUND: As of September 1, 1997, State law requires a minimum wage in Minnesota of$5.15 per hour. The starting wage of the City's lowest pay grade, grade A, is at$5.112 per hour. In order to be in compliance with law, that single step should be increased to $5.15 per hour. Typically,this is only for seasonal positions in the Parks and Recreation Department. A resolution making that change is attached. RECOMMENDATION: In order to comply with State law, we recommend that the 1997 Part-time Pay Plan be amended so that no City wage is less than$5.15 per hour. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the following resolution: RESOLUTION NO. 4780 A RESOLUTION AMENDING RESOLUTION NO. 4648,WHICH ADOPTED THE 1997 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE c .c Mark McNeill City Administrator MM:tw RESOLUTION NO. 4780 A RESOLUTION AMENDING RESOLUTION NO. 4648,WHICH ADOPTED THE 1997 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on April 15, 1997,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 4648 approving the 1997 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1997 Pay Schedule for Officers and Non-Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that Grade A Step One is hereby amended to comply with the State of Minnesota minimum wage requirements as follows: Grade A Step 1 Step 2 Step 3 Step 4 $5.15 $5.413 $5.713 $6.014 Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT City of Shakopee /Y E Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Canceling Debt Service Levies For 1997/98 DATE: October 13 , 1997 Introduction Resolution No. 4754 cancels debt service levies and transfers funds from the General Fund in lieu of the levies . Background Attached is the resolution canceling debt service levies for taxes payable in 1998 and making an irrevocable transfer from the General Fund to various debt service funds in 1997 in lieu of the 1997/98 debt service levy. This is the same course of action Council has taken for the past several years . The actual tax levy for the transferred amount would be made as a General Fund tax levy for pay 1998 to replace the funds transferred out of the general fund in 1997 . The General Fund budget would show a surplus in 1998 to the extent that the "debt service levy" would be greater that the actual General Fund 1998 Budget deficit . When the bonding package for the 1997B Improvement bonds was put together, it was anticipated that Maras Street would be assessed in November of 1997 . It is now anticipated that the assessment would be levied in March of 1998 . The effect is that the tax levy for 97/98 for this issue has gone from the anticipated $34, 000 to $79, 740 . Assuming that Council does not want to increase the tax levy over the amount set for the proposed tax notices, the difference could be recovered by an increase in the 98/99 tax levy if Council so desired. Alternatives 1 . Adopt resolution. 2 . Levy taxes as debt service levy for 1997/98 as opposed to general fund levy. Recommendation Alternative number 1 . Action Offer Resolution No. 4754 A Resolution Canceling Debt Service Levies For 1997/98, and move its adoption. • Gregg Voxland Finance Director n:\budget\budres98 RESOLUTION NO. 4754 A RESOLUTION CANCELING DEBT SERVICE LEVIES FOR 1997/98 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following debt service levies are canceled: 1990A Improvement Bonds $134, 940 1991A Improvement Bonds 41, 615 1992A Improvement Bonds 22, 825 1993B Improvement Bonds 22, 998 1995A Improvement Bonds 61, 816 1995B G.O. Revenue Bonds 157, 217 1996A Improvement Bonds 59, 511 1997B Improvement Bonds 79, 740 BE IT FURTHER RESOLVED, that the following irrevocable transfers are made from the General Fund to the respective debt service funds in 1997 : 1991A Improvement Bonds 41, 615 1995A Improvement Bonds 61, 816 1996A Improvement Bonds 59, 511 • 1997B Improvement Bonds 79, 740 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1997 . Mayor of the City of Shakopee ATTEST: City Clerk r CITY OF SHAKOPEE CQNSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: City Clerk' s Department Secretary DATE: October 14, 1997 INTRODUCTION: The City Council is asked to approve a transfer of Bev Mitchell from the Legal Department to the City Clerk' s Department. BACKGROUND: No formal City Council action has taken place appointing Bev Mitchell as secretary within the City Clerk' s Department . Approval by City Council is recommended at this time to formalize the transfer of Ms. Mitchell from the Legal Department to the City Clerk' s Department . Ms . Mitchell was hired as a Legal Secretary in December of 1990 and worked in the Legal Department until the resignation of Karen Marty, City Attorney, and until the hiring of Kennedy & Graven as the City Attorney in 1996 . Brenda Lind, who also worked in the Legal Department, accepted a position with Scott Joint Prosecution. Because of the additional workload in other departments, Ms . Mitchell agreed to continue her employment with the City and was placed within the City Clerk' s Department . It was anticipated that she would spend one-half of her time in the City Clerk' s Department and one-half of her time in the Building Department . Also, during the summer of 1996, the City Administrator' s office was moved to another location at City Hall and a new City Administrator was hired. The Administration Secretary, Toni Warhol, who was working one-half time for the City Administrator and one-half time for the City Clerk, is currently working full time for the City Administrator. City Clerk' s Department Secretary October 14, 1997 Page -2- Since Ms. Mitchell started working in the City Clerk' s Department, she has had very little time to work in the Building Department . She spends a couple of hours each week in the Building Department, covers the Customer Service desk for breaks and vacations and spends the rest of her time assisting as secretary in the City Clerk' s Department . The work in the City Clerk' s office is sufficient to require a full-time secretary. RECOMMENDED ACTION: Move to approve the transfer of Bev Mitchell from the Legal Department to the City Clerk' s Department with a continuation of current pay and job status. Ju. , h S. Cox, Ci y Clerk CITY OF SHAKOPEE Memorandum 1 SII fo TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fee to Trust Application- SMSC DATE: October 16, 1997. INTRODUCTION: The Council is asked to adopt a resolution which would oppose the application of the Shakopee Mdewakanton.Sioux Community (SMSC)to place approximately 593 acres into trust status. BACKGROUND: In 1994, the SMSC purchased 593 acres which was formerly owned by the Metropolitan Waste Control Commission. In 1995, it applied to the Bureau of Indian Affairs,to have this land placed into "trust" status. The trust status would grant reservation status to that property. That would remove it forever from City tax roles, and the ability of the City to review of development issues. Earlier this year, that fee to trust application was withdrawn. However, on September 26th, a new fee to trust application was submitted to the Bureau of Indian Affairs, and concurrently on that day, delivered to the City of Shakopee. By Federal Law,the City has 30 days in which to review and comment. Copies of the fee to trust application have been provided to the City Council; in addition, City staff, financial, legal, and transportation consultants have been reviewing the document. A response is being drafted, but is not anticipated to be finaled much before the October 24th deadline. (Oct. 26th is a Sunday) The Council has previously directed that staff notify the state and national elected officials of the fee to trust application, and seek their assistance in resolving the issue. For that reason,we would ask that the City officially approve a submittal of a response, opposing the action. RECOMMENDATION: We recommend that staff be authorized to send a response to the BIA opposing the fee to trust application of the SMSC. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 4781 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, OPPOSING THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY'S APPLICATION TO THE BUREAU OF INDIAN AFFAIRS TO PLACE IN TRUST STATUS Kcii2, clOdiski Mark McNeill City Administrator MM:tw T • =-y United States Department of the Interior Y:' cliff BUREAU OF INDIAN AFFAIRS lommmommilmsmommmlimum Emmommmilm - MINNEAPOLIS AREA OFFICE OM= 3 ‘ea� 331 SOUTH 2ND AVENUEIN MINNEAPOLIS,MINNESOTA 55401-2241 IN REPLY REFER TO SEP 2 5 1997 ,„ c1 Jeffery Henderson, Mayor City of Shakopee ;.4)*13 129 Holmes Street South Shakopee, MN 55379-1351 Dear Mayor Henderson: This office has under consideration an application for acquisition of land by the Shakopee Mdewakanton Sioux Community. The legal description of the MWCC property is listed on the first page of their trust application (copy is enclosed) . The Tribe's land usage plan for this parcel is for light industrial, greenspace, drainage, retail, institutional, single family residential, transportation, and multi family residential (see pages 6-10) . The determination whether to acquire this land in trust will be in the exercise of the discretionary authority that is vested in the Secretary of the Interior. To assist us in the exercise of that discretion, pursuant to regulations published at 45 Fed. Reg. 62034 (September 18, 1980) , and 60 Fed. Reg. 32874 (June 23, 1995) , and 25 CFR 151, we invite your comments on these proposed acquisitions. In particular, information on the following matters is requested. 1. The annual amount of property taxes currently levied on the property. 2. The impact on the State and political subdivisions resulting from the removal of the land from the tax rolls. 3. Any special assessments, and amounts, thereof, which are currently assessed against the property. 4. Any governmental services which are currently provided to the property by your jurisdiction. 5. If subject to zoning, how the property is zoned, and potential conflicts of land use, if any, which may arise. -2- Information and comments should be addressed to this office. Any comments received within 30 days upon receipt of this letter will be considered. A copy of your comments will be made available to the applicant. The determination of whether to acquire the land into trust will be made by our Area Director. This decision will be subject to appeal in accordance with 25 CFR Part 2 and 43 CFR 4.310-4.340. If you have any questions or need additional information regarding this matter, please do not hesitate to contact our Realty Officer, Shirley A. Van Alstine, at (612) 373-1000 Extension 1163. Since y, in• Are• rec •r Enclosure: RESOLUTION NO. 4781 A RESOLUTION OF OF TON SIOUX COMMUNITY'S APPLICATION TO THE BUREAU E, MINNESOTA, OPPOSING TFIE SHAKOPEE MDEWAKAN OF INDIAN AFFAIRS TO PLACE IN TRUST STATUS WHEREAS, the Bureau of Indian Affairs has notified the City that the Bureau is considering an application by the Shakopee Mdewakanton Sioux Community to place approximately 593 acres of land in trust status; and WHEREAS, the City has reviewed the application submitted by the Shakopee Mdewakanton Sioux Community, including the environmental assessment associated with that application; and WHEREAS,the City believes that the Shakopee Mdewakanton Sioux Community has not demonstrated sufficient need for the land to be placed in trust; and WHEREAS, the impact on the City and other governmental units resulting from the removal of the land from the tax roll would be significant; and WHEREAS, if the Bureau grants the application, there would be a significant impact and conflict in the City's comprehensive plan and other land use regulations; and WHEREAS, the potential environmental effects associated with the application and the proposed uses of the property set forth in the application do not warrant placing the land in trust. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The City Council strongly opposes the Shakopee Mdewakanton Sioux Community's application to place land in trust. 2. The appropriate City officials are hereby authorized and directed to file written objections to the Bureau of Indian Affairs opposing placement of the land into trust status. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk JSH155-J?13194 416 E/2'd N3Add0 '8 1 3NN3>1 Sb:60 2.6, 9T 100 OCT-21-97 14 : 31 FROM:MN GOV LEGIS REL ID:6122987030 PAGE 2/2 STATE OF MINNESOTAiy. E. Exa OFFICE OF THE GOVERNOR .mss , 130 STATE CAPITOL SAINT PAUL 55155 ARNE H.CARLSON GOVERNOR VIA FACSIMILE AND FIRST CLASS MAIL October 21, 1997 Mayor Jeff Henderson City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1351 Dear Mayor Henderson: Thank you for your recent correspondence regarding the notice of the Shakopee Mdewakanton Sioux Community of their intent to place 593 acres of fee land into trust status. Upon our review of the application,this Office is very concerned about the scope of the request and the land uses the tribe is proposing,and the fiscal impact on residents in the Shakopee area. I assure you that our office plans to comment thoroughly during the Bureau of Indian Affairs process. However,as you know,the ultimate decision maker is the federal government in matters of this sort. Unfortunately,the state does not have the authority to make the final decision on trust land applications. We presume you also have been or will be in touch with the appropriate officials in Washington,D.C. Our Office looks forward to meeting with you and other city officials on Thursday,October 23 at 11:00. We will be particularly interested to discuss whether Shakopee intends to pursue litigation as it did with the prior application. We welcome any details you can provide regarding the City of Shakopee's perspective on this request. Best regards, T• • L.Kozicky Legal Counsel to the Governor cc: Governor Arne H. Carlson Representative David Mine (612)296-3391 - Voice AN EQUAL OPPORTUNITY EMPLOYER (612)296-0075-TDD (800)657-3717-Voice PRINTED ON RECYCLED PAPER CONTAINING 15%POST CONSUMER MATERIAL (800)657-3598-TDD s< .75 CITY OF SHAKOPEE //• E. " . Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Artrain Costs DATE: October 15, 1997 INTRODUCTION: The Council is asked to authorize unbudgeted expenditures in conjunction with the visit of the Artrain from October 28th,through November 2nd. BACKGROUND: The Shakopee Area Council for the Arts (SACA) approached the Council on July 1st, at which time the Council directed that"the Administrator, in concert with the appropriate staff, would work with the SACA to develop a plan to support the program during the time that the Artrain was in Shakopee". Further, on August 19th,the Council approved several agreements, and the purchase of additional liability insurance. The Council is now asked for approval of extra City-borne expenditures related to the Artrain. What is being requested is approval of those costs which were anticipated to be provided by the City -parking lot modifications,parking lot lighting, grading, the construction of a walkway for handicap accessibility, and the like. Public Works Director Loney estimates the total cost of this for materials to be $ 2,800. This does not include staff time; work in preparation for the Artrain means they are precluded from working on other City projects. It should be noted that SACA has been working hard to receive a great many donated services, which cover other expenses related to this visit. BUDGET IMPACT: If necessary,maintenance line items which are overspent in Public Works may need to be provided for through adjustments in other line items, likely in the Mayor/Council budget. RECOMMENDATION: I recommend that the Council approve the City expenditures related to the visit of the Artrain. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the expenditure of funds to cover City responsibilities related to the visit of the Artrain. tA4A-62a Mark McNeill City Administrator MM:tw CC: Bruce Loney, Public Works Director Gregg Voxland, Finance Director CITY OF SHAKOPEE iq Memorandum . E. 8 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Scheduling Budget Workshop DATE: October 14, 1997 INTRODUCTION: The Council is asked to consider times in which to schedule a workshop to finalize some remaining issues for the FY 98 Operating Budget. BACKGROUND: The Council met several times in August to review the portion of the operating budget funded by the general levy. The levy was set so that it would be virtually the same dollar as last year. However, knowing that the State changed the formula which shifts property tax burden from commercial/industrial to residential, final impacts on residential properties will not be known until after the City has received tax information from the County. This is especially important in Shakopee, given the large percentage of the City's commercial/industrial tax capacity. Preliminary figures show an estimated increase of 1.1%in the overall tax base,but a reduction in the K- Mart Tax Increment District of 13%. There may need to be a revisiting of the preliminary service levels funded by the general levy depending on residential tax impact. The tax increment plan may also need to be revisited; any changes in that would require a public hearing, which would necessitate a 30 day published notice. DISCUSSION: The quandary is that we will not have official notice from the County until likely mid-November; after that time, if there is a TIF modification needed, 30 day notice would need to be published. That will give only a small window of time in which to act before the TIF budgets are to be adopted before the end of the fiscal year. RECOMMENDATION: We recommend that a budget workshop be scheduled for mid November,to finalize general levy-funded services, enterprise fund budgets, and review tax increment budgets. ACTION REQUIRED: If the Council concurs, it should,by motion, set a budget workshop in November. II&JU D Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum ht. E ,9 r TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Employee Assistance Program DATE: October 14, 1997 INTRODUCTION: The Council is asked to consider having the City join an Employee Assistance Program(EAP). BACKGROUND: As part of the Federal law requiring drug and alcohol testing for employees who are operators of heavy equipment, as well as employees who have been involved in motor vehicle accidents while on the job, a testing procedure has been established for random testing to comply with that law. However, if there is a positive test result,the City must have an EAP to which to send the employee evaluation. To date, nothing has been provided. In addition, an EAP may also be of benefit as a resource for help for an employee who is having other forms of problems,both work and non-work related. Staff has contacted these employee assistance programs: 1. Network Employee Services -Administered by Mdewakanton Sioux Community 2. Behavioral Health Services, Inc. EAP A third potential provider, TEAM Inc.,was contacted,but was eliminated from further consideration early in the process. DISCUSSION: Marilyn Remer and I met with representatives of the Network EAP and toured their facility. This EAP was started to serve the members of the Mdewakanton Sioux Community, as well as employees of the Mystic Lake Casino Enterprises. With the increase in number of employees, this EAP has grown. It also serves employees of the City of Prior Lake. Its facilities are located at the SMSC Administrative building, however,they have also met with individuals at St. Francis Hospital, or other locations if needed. The Behavioral Health Services Inc. EAP is a wholly owned subsidiary of Blue Cross& Blue Shield of Minnesota, the City's health insurance provider. It was started in 1981, and serves over 60 companies, covering over 50,000 employees plus eligible family members. Among municipal clients it serves the Cities of Anoka and Blaine. The BHSI EAP program has nine metro area locations, including Shakopee. Both of the above have 24 hour availability, and are available to do employee group workshops. A written description of the BHSI -EAP proposal is attached;Network's services would be identical to those described in the attached brochure for the City of Prior Lake. BUDGET IMPACT: The costs are relatively the same. SMSC would cover the City of Shakopee at the same rate as it does the City of Prior Lake, annually for$1200; BHSI charges $18.00 per employee per year, which for 70 employees would total $1260. This covers face-to-face counseling with individual employees of up to three sessions per employee,per occurrence. Necessary follow-up programs beyond that may or may not be covered by City health insurance, depending upon the type of follow-up needed. If approved, the program would begin November 1st, with funding to come from the Personnel portion of the operating budget. The contract would run through December 31, 1998. RECOMMENDATION: Federal law requires a follow-up program, and an EAP will suffice for that purpose. After reviewing the two programs, staff's recommendation is that the BHSI program be approved by the Council. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to sign an agreement to enroll the City in the Behavioral Health Services, Inc., Employee Assistance Program, for the period from November 1, 1997,thru December 31, 1998. INCYV64,61A Mark McNeill City Administrator MM:tw I b cn w tiAKE V in 'Li. : ..A - /..9(-21 t.r) CD (1.' 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E.. ,�� BH �t Behavioral Health Services, bc . '� Managed Care Solutions for Today and Beyond EAP Budget Proposal - October 3, 1997 • $18.00 per covered employee per year,for one year,for the standard 1-3 session model. Covers all full-time and part-time employees at the CrrY OF SHAKOPEE. Employees' immediate household members and dependents are included in this coverage. All EAP services listed below are included. BUS!EAP will provide the following services: Assessment, Counseling and Referral Service Phone assessment by experienced,Master's level EAP Counselor 24 hour, 365 day per year access to EAP services Face-to-face Counseling(1-3 sessions) Referrals to appropriate, screened resources Follow-up and clinical notes Consultation Services Management consultation about troubled employees Critical incident debriefing Policy development Liaison Services Implementation and communications planning Management Training Employee Orientation(on site,groups of 30 or more, or with video) Health and wellness articles and consultation Utilization reports Promotional Materials Brochures& wallet cards Management Training handouts Posters for the worksite Health and wellness articles Administration of contract Direct access to EAP management Contract accounting Please call Paul Frank BHSI EAP,at(612)378-4650 if there are any questions. Suite 450 • 2021 East Hennepin Avenue • Minneapolis, MN 55413 • (612) 339-9610 • FAX (612) 310-4645 Behavioral Health Services, Inc. Employee Assistance Program EMPLOYEE ASSISTANCE PROGRAM DESCRIPTION Services Provided to Your Employees • Assessment and clarification of employee personal problems. • Short-term counseling to resolve issues and plan for continued assistance. • Referral to specialized services and support if appropriate. • Follow-up contacts to ensure problem resolution. How the Services Are Structured • Services are accessible 24 hours per day,365 days per year. • An"800" telephone number for long distance calls. • Local and 800 number TDD access for the hearing-impaired. • Interpreter services during counseling services for the hearing-impaired or non English- speaking client. • Telephone counseling available, but in-person sessions are emphasized for the most thorough and in-depth service. • Appointments are generally with 48 hours or according to client's preference. • In-person sessions often occur on the same or next day. • Nine convenient metropolitan sites: Minneapolis, St. Paul,Eagan,Fridley,North St. Paul,Plymouth, Shakopee, Stillwater and Hudson,Wisconsin • Counseling sites throughout Minnesota are available. • In-person counseling services throughout the United States can be arranged. • Male or female counselors available per client's preference. • Counselor continuity: The same counselor from assessment through resolution unless a change is requested. • Assistance with almost any human problem--Not just a chemical dependency focus. • A total person and family focus addresses possible multiple issues. • Three session short-term counseling model is included in basic program. Five, eight,ten or higher session models are available. • Referrals are based on clinical appropriateness, cost-effectiveness and convenience. • Referral resource's sensitivity to race, gender, age,religion and affectional preference is considered. • Referrals are not limited to metropolitan area or by restrictive lists or arrangements. • Program may be used as often as needed. No restrictions on the number of issues addressed. • Immediate household members of each employee also covered. • Strict professional confidentiality guidelines are followed in all cases. Management and Supervisory Consultation Services • Consultation for supervisors regarding problem employees. • Organizational development:assistance in analyzing and planning to resolve work group or departmental difficulties. • Employee group sessions to resolve difficulties or adjust to events, i.e. Inter- or intra- group conflict,reorganization, downsizing. • Critical incident debriefings: assist work group in dealing with co-worker's death, suicide, workplace violence, disaster. • Presentations on a variety of topics, e.g. Stress Management, Conflict Resolution, Violence in the Workplace, Communication,Downsizing. • Consultation on policy development, i.e., Drug-free Workplace,'DOT/SAP, exual Harassment,ADA,EAP. Program Administration • A specific liaison staff member to assist with program development,implementation and for on-going contact. • On-site employee orientations at program's start and as needed to maintain familiarity and utilization. • Orientation video for on-going use or new hires. • Supervisory training in recognizing and dealing with employee problems and working with the EAP. • Monthly manager/supervisor newsletter is available. • Articles available for company newsletter. • Promotional materials including brochures, wallet cards, posters, etc. are supplied. • Quarterly reports and year-to-date summary of program utilization patterns. Program Quality Considerations • All program counselors have years of clinical experience and at least a Masters Degree. • All counselors have training and experience with chemical dependency issues. • Consultation with all mental health and chemical dependency professional disciplines is available to counselors. • Program Medical Directors are Psychiatrists who are also available for consultation. • An Advisory Board provides feedback on program quality and development issues. • Satisfaction surveys address quality, convenience, comfort and success of services. • Follow-up contacts made for continual feedback on referral resources. • Counseling staff are devoted solely to EAP-No outside commitments. • Counselors do not refer to themselves or program colleagues for on-going services. Conflict of interest avoided. • Program averages four hours of service per client case(three session model). • Average yearly utilization rates match national norms for successful EAP's. • There has been no litigation against BHSI EAP since it began fi 1980 • Agreements provide indemnification and full liability coverage: • A cooperative resource for union representatives concerned about troubled members. • Services mesh with all health plans and assist in the appropriate use of benefits. • Especially enhances and adds value to Blue Cross Blue Shield benefit plans. • Managed Care/Gate Keeper capabilities can assist in cutting benefit costs. • Program remains flexible in order to meet special needs or innovative requests. Program Cost • "Not-for-Profit" status allows for greater value-to-cost ratio for our customers. • Rates include all service components--No surprise charges. • Capitated, fee-for-service, base-plus and other rate structures are negotiable. . '� ..e, ..F�..,-.c^,,,.�.,,,....�,:,.r.^zo;.<ea.ss,.«ee*c�mAa„ �,..,...-;`3•-:.v.� . a�at,:�.�aava. r .,s°ug;�„ a 'kt�+„,.r'�°�`3»f',�"' �...�=�;,w, uxi ^�,w M .:a BlISBehavioral Health Services, lac . Managed Care Solutions for Today and Beyond October 14, 1997 Mark McNeill City Administrator CITY OF SHAKOPEE 129 South Holmes Street Shakopee,MN 55379 Dear Mr. McNeill: Please find enclosed two copies of our Letter of Understanding regarding the provision of Employee assistance Program services to the employees of the CITY OF SHAKOPEE. If everything is acceptable to you,please sign both copies and return one of them to us for our files. We can send promotional materials such as brochures, wallet cards and posters as soon as you prefer. We are also available to do Manager/Supervisor training and employee orientation presentations on site at your convenience. If you become aware of an employee in need of our services before the actual start date,we would be more than happy to assist them. We look forward to working with you and the employees of the CITY OF SHAKOPEE. If I can be of assistance in any way,please call my direct office number: 378-4650. Sincerely, Paul Frank, LICSW,MPA Employee Assistance Counselor PF/kb Enclosures • MN • 612 18-4645 Suite 450 • 2021 East Hennepin Avenue • Minneapolis, 55413 • (612) 339 9618 • FAX ( ► 3 .,....,..w ... ..-.. ..,. ,.,.,:a,:,.�.a,�s�,utic<'s m-.<.e;e�;`: :"o^.`4' ...c+ay:,�,'�✓,.xins;�wl�;...�.a :a a+€& �*^,ad ,e ;?`+" "� ..,e. .',+' '' '`r:��a :i� sa...eaasMP ., ... BlISBehavioral Health Services, Inc . Managed Care Solutions for Today and Beyond LETTER OF UNDERSTANDING FOR THE PROVISION OF AN EMPLOYEE ASSISTANCE PROGRAM This is a Letter of Understanding between the Behavioral Health Services, Inc., an affiliate of Blue Cross and Blue Shield of Minnesota, for the provision of Employee Assistance Program (EAP) services to THE CITY OF SHAKOPEE employees and their dependents to review and counsel personal and work-related problems that affect job performance and overall lifestyle. This letter defines the responsibilities of the Behavioral Health Services, Inc., EAP and THE CITY OF SHAKOPEE including definition of the services to be provided,amount and term of compensation and means of evaluation. I. RESPONSIBILITIES OF BEHAVIORAL HEALTH SERVICES, INC. A. Behavioral Health Services, Inc. shall provide master's degree level counselors for the contacts for assistance with the employees and their dependents. B. All services provided shall remain confidential between the Behavioral Health Services,Inc. EAP and employees unless specific authorization is received from the employee for release of information to any third party, or unless exception is mandated by law or courts. C. The following services shall be provided: 1. Intervention, assessment, short-term counseling and referral for employees and dependents when requested by the employee or dependent,or when the employee is referred by the employer. Access to these services will be available on a 24 hour basis. 2. Orientation for employees and training for administrators, supervisors and department heads. This orientation and training shall be provided by the Behavioral Health Services, Inc. staff on-site at employer's headquarters in the Minneapolis/St. Paul area. 3. Consultation for supervisors or managers regarding the mental health or work performance behaviors of individual employees or group dynamics issues which affect productivity. Suite 450 • 2021 East Hennepin Avenue • Minneapolis, MN 55413 • (612) 339-9618 • fAX (612) 318-4645 ...E- LETTER OF UNDERSTANDING Page 2 of 4 4. The following services will be available in this Letter of Understanding. a. Generic EAP Iiterature for employer's distribution to eligible employees and dependents. b. Up to two(2)one hour health promotion seminars at employer's site,per contract year. c. Health and wellness information and materials. d. An annual employee or supervisory survey/questionnaire is available at an additional cost to employer, not to exceed $.75 per employee. A summary of results will be compiled and provided. e. Persons seen in-person by BHSI EAP counselors will be given an anonymous survey which they may return to BHSI at no cost. The results of this survey will be shared with the employer. D. The Behavioral Health Services,Inc. Employee Assistance Program counselors shall make referrals to other human service professionals as appropriate. The employee accepts personal responsibility for the use of referral services through employer- provided insurance or other fee arrangements. E. The Behavioral Health Services,Inc. shall provide the name,title,and phone number of a person responsible for administering this Agreement. This person shall assure the specifications of the Agreement are followed and shall be available to address issues that may arise in the implementation of this Agreement. Tom Geskermann, COO, 378-4611 II. RESPONSIBILITIES OF THE CITY OF SHAKOPEE A. THE CITY OF SHAKOPEE,headquartered at 129 South Holmes Street, Shakopee, MN 55379 shall make the Employee Assistance Program available to all employees and their dependents who are living in the area. THE CITY OF SHAKOPEE shall further give this program adequate exposure to allow and encourage full utilization of the program by the employees and their dependents. B. THE CITY OF SHAKOPEE shall authorize the Behavioral Health Services, Inc. to provide the service. C. THE CITY OF SHAKOPEE shall provide the name, title and phone number of a designee responsible for administering this Agreement. Marilyn Remer, 445-3650 LETTER OF UNDERSTANDING Page 3 of 4 III. EVALUATION A. A periodic confirmation of service rendered will be provided by the EAP Staff to THE CITY OF SHAKOPEE. This report shall include a statistical analysis of utilization. IV. CLAIMS AND LIABILITY A. The Behavioral Health Services, Inc. agrees to defend, indemnify, and hold THE CITY OF SHAKOPEE, its officers and employees harmless from any liability, claims,damages,costs,judgments,or expenses,including reasonable attorney's fees, resulting from a negligent act or omission of the Behavioral Health Services, Inc. its agents, officers, or employees in the performance of the services provided by this Agreement. B. THE CITY OF SHAKOPEE, agrees to defend,indemnify,and hold the Behavioral Health Services,Inc., its principals,employees and subcontractors harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting from a negligent act or omission of THE CITY OF SHAKOPEE.,its agents,officers, or employees, in performance of activities under this Agreement. V. COMPENSATION For the period November 1, 1997 through December 31, 1998,compensation shall be a total annual charge of$1,260.00. Billing shall be done on a quarterly basis in the amount of $315.00 in January, 1998, April, 1998, July, 1998 and October, 1998. When contract is signed and returned to BHSI EAP, THE CITY OF SHAKOPEE will receive an additional billing of$210.00 for the months of November and December, 1997. The total annual charge is based on a headcount of 70 employees at the capitated rate of$18.00 per employee per year. VI. TERM This Agreement shall commence on November 1, 1997 and continue until December 31, 1998. The Agreement shall be reviewed for renewal during the month of October, 1998. If services are provided beyond the renewal date,unless the Agreement has been terminated or revised THE CITY OF SHAKOPEE will pay for such services,based on the fees set forth in this Agreement. LETTER OF UNDERSTANDING Page 4 of 4 VII. CANCELLATION This Agreement may be cancelled by either party with or without cause by providing sixty (60)days written notice. Any outstanding service fee shall be paid, at the agreed rate, for the time this Agreement was in force. Agreed to and accepted this day of October, 1997: BEHAVIORAL HEALTH THE CITY OF SHAKOPEE SERVICES,INC. ( - om Geskermann Mark McNeil Chief Operating Officer City Administrator TITLE