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HomeMy WebLinkAbout06/04/1996 MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Non Agenda Informational Items DATE: May 31, 1996 1. Attached is the June Business Update From City Hall. 2. Attached is the June calendar of Upcoming Meetings. 3. Attached is correspondence from the League of Minnesota Cities re: Indian Sovereignty Issues. 4. Attached is a memorandum from the Parks and Recreation Advisory Board regarding a park tour. 5. Attached are the June 6th agendas for the Planning Commission and Board of Adjustment & Appeals meetings. 6. Attached is a construction update on CSAH 16 from Scott County. 7. Attached is a memorandum from the Scott County Highway Dept. regarding the traffic control signal at CSAH 17 and CR 78/Hillside Drive. 8. Attached is a memorandum from the Community Development Director regarding Hauer's 5th Addition Preliminary Plat. 9. Attached is a memorandum from the Planner I regarding accessory structures and driveways. 10. Attached is a memorandum from the Planner I regarding time extensions. 11. Attached is a memorandum from the City Attorney regarding zoning notification. 12. Attached is correspondence from the Scott County Administrator regarding the "urbanized district". 13. Attached is correspondence from the Scott County Board of Commissioners regarding "Growth Options for the Twin Cities Metropolitan Area". 14. Attached is the Police Newsletter for Council review. #/ BUSINESS UPDATE FROM CITY HALL Volume 10 No. 6 Dear Chamber Member: June 1, 1996 Administration The Planning Commission recommended to amend the City's Comprehensive Plan to Interviews for the City Administrator position expand the City's Metropolitan Urban Service have been scheduled for Saturday, June 1, Area(MUSA) in accordance with the 1996. Council is expected to select a final provisions set forth in the Shakopee/Chaska candidate for the position at their June 4, 1996 Interceptor Cost Sharing Agreement. meeting. The new Administrator is expected to start towards the end of June to mid-July. The public hearing considering the Preliminary Plat for Prairie Village was closed and action On May 21, 1996 the Shakopee City Council was tabled to the May 9, 1996, meeting. selected to utilize the architectural services of Borman, Kross, Pfister, Ruden& Assoc., Inc. Board of Adjustment and Appeals for the Shakopee Fire Station Project. The Design Committee is expected to immediately At its May 9, 1996,meeting,the Board of beginAdjustment and Appeals approved a Conditional preparing a space needs assessment and conceptual design. This information will be Use Permit for an eight foot(8')fence in the g Highway Business (B-1) zone; a Conditional Use incorporated into upcoming referendum Permit for exterior storage,vehicle repair and more literature. In a related matter, negotiations than one principle structure on a lot in the Light continue with the Hauer family for the Industry(I-1) zone; and a Conditional Use Permit acquisition of the proposed fire station site on to allow an embroidery service to be operated out Vierling Drive East of Calvary United of a home in the Urban Residential(R-1B)zone. Methodist Church. Planning Commission City Clerk At its May 9, 1996,meeting,the Planning Commission recommended to the City Council the At their regular meeting on May 7th, the City approval of an amendment to the St. Francis Council approved expanding the on sale Medical Campus Planned Unit Development;the intoxicating liquor licenses of Canterbury Inn approval of the Preliminary Plat for Prairie to allow consumption within a proposed Village, subject to conditions; and the approval of volleyball court adjacent to Winners the Final Plat for Pinewood Estates, subject to Nightclub. conditions. Action regarding the following items was continued to the June 6, 1996,meeting, Samantha Community Development Woods Addition Preliminary Plat;the rezoning of seventy(70)acres of land from Agricultural At its April 18, 1996, meeting, the Planning Preservation(AG)zone to Urban Residential(R- Commission tabled the decision to the May 9, 1B)zone; and modifying the zoning regulations for 1996, meeting to modify the zoning some restaurants and taverns that serve alcohol. regulations for some restaurants and taverns that serve alcohol. Public hearings regarding Text Amendments to modify standards for signs in Residential Zones and to revise the definition of"front lot line"as applied to corner lots were closed. Staff is to provide additional information using Park & Recreation scenarios for corner lots. The Planning Commission decided to continue June and July are busy months for the Parks requiring a three foot fence in the front yard and Recreation Department. For example, the setback and all fences over three feet must be Shakopee Municipal Pool will open its doors placed at the setback line. on Saturday, June 8 and close on August 25. Open Swimming hours at the pool are from 12 The Planning Commission directed staff to develop noon to 8 p.m. Swimming lessons are taught design standards and develop a CUP process to in the morning. The three meter diving board include the use of metal in exterior building was removed for safety reasons and it will be materials. replaced by a 12 foot tunnel drop slide. The new slide will be a nice attraction for the pool The street naming policy was tabled to the June 6, which already has a 300 foot water slide. 1996,meeting. The Planning Commission recommended to the While many spring programs extend into the City Council approval of the CIP projects with an summer, most of the summer recreation amendment to add trail bridges starting in 1997. programs will start the second week of June. This includes activities such as t-ball, nearball, Submittal deadlines for Planning Commission and mighty mites baseball, Kids in Developmental Board of Adjustment and Appeals were revised. Sports Program and playground special events. Day camp, pioneer camp, space camp, nature camp and sports camps for baseball, Economic Development volleyball, basketball, tennis and golf are held Authorityat various times throughout the summer. The Shakopee Optimist Club is sponsoring a series of track and field meets the last three Sunday The Downtown retail market analysis is evenings in June. The track meets will be held expected to be complete by the end of May. at the Shakopee Senior High School. This information will be utilized to determine the scope of any downtown redevelopment project. Police The Economic Development Authority is also Police Academy was held April 11th, 18th and supportive of further analysis of the Excelsior 25th. Academy is designed to bring citizens Henderson Motorcycle Company proposal. and police together, and to receive ideas form The project would bring the corporate citizens and to share information about the headquarters of Excelsior Henderson police department. In addition to our regular Motorcycles to Shakopee. Initial plans call for presentations such as the Special Incident the construction of a 150,000 sq. ft. building Response Team, tour of building, traffic with 125 - 150 full time employees. Long accident investigation, and driving while range plans call for additional building intoxicated, we offered special presentations expansions and a possible work force of 450. on the Police Chaplain Program and Youth Staff is optimistic that a pre-development Conferencing. Youth Conferencing is a agreement can be executed by and between alternative consequence for first time Excelsior Henderson and the Shakopee offenders. The program is still under Economic Development Authority within the development for Shakopee. next 30 days. If all the project components can be worked out, construction on the facility will occur this Fall. June 1996 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 4:30 PM SPUC 7:00 PM City 7:30 PM Planning Council Commission 9 10 11 12 13 14 15 16 17 18 19 20 21 22 7:00 PM City 6:00 PM Econom- Council is Development Authority 23 24 25 26 27 28 29 7:00 PM Park& Rec-Commu- nity Center 30 May July SMTWT FS SMTWT FS 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 5/15/96 ii_____\,„7 3 LMC145 University Avenue West, St. Paul, MN 55103-2044 LeagueofMinnesota Cities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290 MEMORANDUM TO: Indian Sovereignty issues task force members FROM: Andrea B. Atherton, Intergovernmental Relations Representative DATE: May 16, 1996 RE: Status Update With the legislative session now behind us,we have been able to compile a status update on Indian Sovereignty issues. At our last task force meeting in January, we agreed to meet approximately once every two months or as circumstances or developments warrant. Rather than hold a meeting at this time,we decided to summarize recent events in this memo. Several interesting developments have occurred since our last meeting in the case of State of South Dakota v. U.S. Department of the Interior,69 F.3d 878 (8th Cir. 1995) (holding that the section of federal law authorizing the Secretary of the Interior to place lands in trust was an unconstitutional violation of the nondelegation doctrine). On February 2,the full Eighth Circuit U.S. Court of Appeals denied the federal government's request for a reconsideration of the decision handed down last November. As a result,the Interior Department put trust land designations within the jurisdiction of the Eighth Circuit(the states of North Dakota, South Dakota, Minnesota,Nebraska, Iowa, Missouri, and Arkansas)on hold. The federal government had until May 2 to appeal this decision to the U.S. Supreme Court or to request an extension. On April 23, Justice Clarence Thomas granted the federal government an extension until June 3. In a related development, on April 24 the Bureau of Indian Affairs adopted a new rule changing their process for placing Indian owned lands into trust. Cities across the country have been concerned with the lack of formal opportunity to intervene in the process when lands owned by Indian tribes are placed into trust by the federal government. Trust land designation not only , AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Indian Sovereignty issues task force--Status Update May 16, 1996 Page 2 prohibits taxation but often results in land uses that conflict with the local ordinances and plans for future development. The new procedural rule will require the Secretary of the Interior to publish notice of intent to place lands into trust in either a local newspaper or the Federal Register. The Secretary will not acquire title to the land for a 30 day period. During this time, a city that objects to the designation may seek judicial or other review available under the Administrative Procedure Act. The rule was adopted in response to the South Dakota decision. The Court relied heavily on the lack of availability for judicial review, in finding a violation of the nondelegation doctrine. Federal law prohibits judicial review once land is transferred to the federal government. Without any formal notification period in place, by the time cities became aware of a trust land designation request, it was often too late to object because title to the land had already been transferred and the land was already placed in trust. From the federal government's standpoint,the new rule will address this procedural defect at issue in the South Dakota case. Specifically, an opportunity for judicial or other available review is created by the 30 day notice period before the title to the land is transferred and the land is placed in trust. Trust land designations have been on hold in Minnesota and the other states within the Eighth Circuit's jurisdiction(North Dakota, South Dakota,Nebraska,Iowa, Missouri, and Arkansas) since the South Dakota decision. This new rule will apparently address the Court's concerns and allow trust land designations to occur with the 30 day notice procedure governing all pending and future requests. It is possible that the new rule will be challenged in the courts to determine whether the concerns highlighted in the South Dakota case have been sufficiently addressed. We will continue to monitor developments on issues relating to Indian Sovereignty. If you become aware of anything that would warrant an actual meeting of the task force,please contact me at(612) 281-1258. Similarly, if you have any suggestions on how the League can better coordinate this effort in order to make it more useful to all parties involved. Please feel free to continue to use us as a depository of information. # y Memo to: All Boards, Commission and City Council members From: Parks and Recreation Advisory Board Re: Park Tour- NON AGENDA ITEM Date: May 29, 1996 INTRODUCTION/BACKGROUND The Parks and Recreation Advisory Board invites members of all City of Shakopee Boards and Commissions and the City Council for a tour of the City's Park System. The tour is slated for Monday, June 24, 1996, starting at 5:00 p.m. in the parking lot of the Shakopee Community Center. Bus transportation will be provided if there are 20 or more people. If there are less than 20 people, car pools will be created. The tour may last 2 hours. Feel free to "brown bag it" for dinner. Please RSVP to the Parks and Recreation office no later than June 21. Call 445-8244 to let your interest be known. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN June 6, 1996 Chair Gayl Madigan Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Recognition by Planning Commission of Interested Citizens. 4. Approval of Consent Agenda-(All items listed with an asterisk (*)are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). 5. * Approval of the May 9, 1996, Meeting Minutes 6. 7:45 P.M. Public Hearing(continued from May 9, 1996, meeting): To consider the preliminary plat of Samantha Woods Addition, located on the south side of County Road 16 east of Roundhouse Circle, across from Shakopee Towing. Applicant: James and Mary Monnens 7. 7:50 P.M. Public Hearing: To consider the preliminary and final plat of Valley Park 12th Addition, located west of Valley Park Drive and east of County Road 83 along 12th Avenue. Applicant: Valley Green Business Park 8. 8:00 P.M. Public Hearing (continued from May 9, 1996): To consider the rezoning of seventy (70) acres of land located directly east of the new St. Francis Regional Medical Center, from Agricultural Preservation (AG)Zone to Urban Residential (R-1B)Zone. Applicant: Orrin Thompson Homes 9. *Final Plat: To consider the final plat for Maple Trails Estates 2nd Addition, located in Outlot A of Maple Trails Estates 1st Addition. Applicant: Harland Hohenstein 10. Final Plat: To consider the final plat for Orchard Park 3rd Addition, located in Outlot A of Orchard Park 2nd Addition. Applicant: Laurent Builders 11. 8:05 P.M. Public Hearing (hearing closed at May 9, 1996, meeting): To consider an amendment to Chapter 11, The Zoning Chapter, for a Text Amendment to modify the standards for governmental, institutional and recreational signs in all Residential Zones per Section 11.70, Subd. 9, Item D, of the Shakopee City Code. Applicant: City of Shakopee 12. 8:10 P.M. Public Hearing(continued from May 9, 1996): To consider proposed amendments to sections 11.02, 11.36, 11.38, 11.40, 11.42, 11.44, and 11.46 to modify the Zoning Regulations for some restaurants and taverns that serve alcohol. Applicant: City of Shakopee 13. 8:15 P.M. Public Hearing: To consider an proposed amendments to sections 11.60, Subd. 4; Section 11.36, Subd. 3; Section 11.46, Subd. 3; and Section 11.87, Subd. 2 to modify the Zoning Regulations for building materials. Applicant: City of Shakopee 14. 8:20 P.M. Public Hearing: To consider an amendment to Chapter 12, The Subdivision Regulations Chapter, for a Text Amendment to allow the creation of lots that abut their full frontage on either a publicly dedicated street or private driveway dedicated or reserved for providing access, Sec. 12.07, Subd. 4.G. of the Shakopee City Code. Applicant: Gold Nugget Development, Inc. 15. Concept Review: Norbert Theis PUD 14. Other Business a. Street Naming Policy 15. Adjourn Paul Bilotta Community Development Director Note to Plannin_Commission Members: If you have any questions or need additional information on any of the above items, please call Julie or Shelly on the Monday or Tuesday prior to the Meeting. If you are unable to attend the meeting,please call the Community Development Department prior to the meeting. is\commdev\boas-pc\1996\may09pc\agenda.pc • TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,MN June 6, 1996 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of May 9, 1996,Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing:To consider an application for a Conditional Use Permit to allow minor commercial recreation in the Highway Business(B-1)zone, located at 2400 East Fourth Avenue Applicant: Shakopee Ballroom Action: Resolution No. 753 6. 7:35 P.M. Public Hearing:To consider an application for a Conditional Use to allow an overheight fence in the Major Recreation(MR)zone, located at 1244 Canterbury Road. Applicant: Canterbury Inn Action: Resolution No. 754 7. 7:40 P.M. Public Hearing:To consider an application for a Conditional Use Permit to allow retail sales in the Agricultural Preservation (AG)zone, located at 1785 County Road 42. Applicant: MN Green Landscaping Action: Resolution No. 755 8. Shiely Company 1996 Plan of Operations Annual Review 9. Other Business 10. Adjourn Paul Bilotta Community Development Director Note to the B.O.A.A.Members: 1. If you have any questions or need additional information on any of the above items,please call Nicole or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Community Development Department prior to the meeting. (I:\comomdev\boaa-pc\1996\jute06pc`agenda.boa) e) Volume 2, Number 4 May 3, 1996 11111 Construction Update �1C4ali T CSAH 16 SCOTT COUNTY HIGHWAY DEPARTMENT 1996 CONSTRUCTION BEGINS Project Limits DE TOUR The 1996 construction operations began Getting Around April 10th and are now fully underway. Total street reconstruction from CSAH 17 to During construction the road will again be Vierling Drive including underground utility closed to thru traffic, with local traffic being work, storm sewer, curb & gutter, traffic maintained. The detour route directs traffic signal revisions and sidewalks will take place. from CSAH 16 north on CSAH 17, east on After this area receives its initial asphalt TH 101 , and south on CR 83 (See Map). paving, the entire project will receive a final bituminous layer from CSAH 17 to CR 83. Schedule _______ cANTERBu- • DOWN3 • Subcutting the roadway has been started 1111 ,. and will continue to move east toward ' •"! Vierling Drive in the next few weeks. _ — , _ Granular borrow will be backfilled into the y - — subcut as operations move along. Blasting of bedrock in this same area is needed to Your use of alternate routes whenever prepare for storm sewer construction. The possible will greatly assist the work. blasting operation will be in the same area as Please help make the construction work the subcutting work. The Contractor will `zones a safe place. Use extreme caution and start relocating hydrants next week beginning reduced speeds when entering these areas. at the west end of the project. The water Stay alert and be prepared to stop in order to will need to be shut off periodically for this help accommodate equipment and personnel. work. Notification of water shut-offs will be made 24 hours in advance to affected homeowners. Storm sewer construction will THANK YOU FOR YOUR also start next week. Project completion is CONTINUED COOPERATION! expected about August 15, 1996. CRY-10-06 FRI i1 '26 P. 01 HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346, Fax: (612) 496-8365 MEMORANDUM TO: Bruce Loney, Shakopee City Engineer FROM: Scott Merkley, Engineering Coordinator SUBJECT: SAP 70-617-14 Traffic Signal at CSAH 17 & CR 78 / Hillside Dr. DATE: May 10, 1996 This correspondence is a follow-up to our previous phone conversation regarding left turn movements for the future traffic signal at the above referenced intersection. The traffic signal system will include left turn arrows for all legs of the intersection. There will be separate left turn movement for CSAH 17 traffic. CR 78 / Hillside Drive will be set up with split phasing, allowing both the left and thru traffic movements to flow simultaneously from one direction at a time . If problems are encountered with the signal phasing, they will be evaluated and any necessary revisions will be made. Please contact me if you have any questions or require additional information. c: Brad Larson, County Engineer Dan Jobe, Design Engineer srn-wo rcf1adrnlmemos.duc -48 MEMO TO: Barry A. Stock, Acting City Administrator FROM: V. Paul Bilotta, Community Development Director RE: Hauer's 5th Addition Preliminary Plat DATE: June 4, 1996 NON-AGENDA INFORMATION INTRODUCTION At the May 21, 1996, City Council meeting, Mr. Allan Hastings, Allan's Land Surveying and surveyor for Hauer's 5th Addition identified what appeared to be a completely unacceptable two year approval process for this preliminary plat that is still not approved. DISCUSSION There have actually been two preliminary plat submittals for Hauer's 5th Addition which has led to some confusion on the timeframe. The first preliminary plat attempt was submitted on August 15, 1994, and appears to have had a number of difficulties with submittals, design standards, etc. and was eventually withdrawn by the applicant on September 29, 1995 (withdrawal accepted by the City Council on October 5, 1995). When the Planning Commission reviewed the plat on January 5, 1995, it directed staff not to bring plats before the Planning Commission that do not separate the Preliminary Plat drawing from the Grading and Erosion Control Plan due to difficulties with drawing clarity. The timeline for the current (second attempt) preliminary plat approval for Hauer's 5th addition is as follows: 1. Nov. 1, 1995: Applicant submits application for approval for the December Planning Commission meeting. The plat submitted does not separate the Preliminary Plat drawing from the Grading and Erosion Control Plan per Planning Commission direction 10 months before (Exhibit A) 2. Dec. 7, 1995: Planning Commission recommends approval of the Preliminary Plat to the City Council, subject to conditions, including the following: These conditions included that the applicant must submit a revised Preliminary Plat drawing with the following changes, prior to approval by the City Council: 1. The applicant shall dedicate 50 feet of right-of-way adjacent to CSAH 16, as proposed on the Preliminary Plat drawing. 2. The Preliminary Plat shall reflect the correct zoning designation and density calculations. 3. The Preliminary Plat shall identify Parcels A and B. 4. Land that has been previously dedicated as right-of-way shall not be included in the Preliminary Plat. 5. Hauer Trail right-of-way shall be included in the Preliminary Plat. 6. Park Ridge Drive shall be identified on the Preliminary Plat. The applicant shall submit a revised Grading Plan prior to approval by the City Council which reflects the following changes: 1. The Grading Plan shall indicate proposed elevations on the lot corners. 2. The Grading Plan shall indicate existing or proposed curb elevations where the cuts for driveways will be located. 3. The Grading Plan shall indicate driveway grades that do not exceed 10%. At its December 7, 1995, meeting, the Planning Commission also directed that separate Grading and Erosion Control Plans and a Preliminary Plat drawing be submitted prior to the review of the Preliminary Plat by the City Council (repeating its desire from January 5, 1995). 2. Dec. 19, 1996: Letter of action sent by staff to the applicant reconfirming the direction of the Planning Commission at its Dec. 7, 1995 meeting (Exhibit B). 3. Jan. 26, 1996: Staff sends review letter to the applicant on latest revisions of the submittals (Please see Exhibit C). This letter informed the applicant of issues that had not yet been addressed and needed to be resolved prior to City Council action (per Planning Commission direction). 4. Apr. 22, 1996: Staff sends another review letter to the applicant based on the revised drawings that were received as a result of the Jan. 26, 1996 review letter (Exhibit D). This letter again informed the applicant of the changes that still needed to be addressed (per Planning Commission direction) prior to City Council action. 5. May 9, 1996: Allan Hastings, requests to go to the City Council to express concerns regarding the approval process of Hauer's 5th Addition. 6. May 21, 1996: Mr. Hastings is scheduled to speak to the City Council. 7. May 30, 1996: Staff sends another review letter to the applicant based on the revised drawings that were received as a result of Apr. 22 review letter (Exhibit E--Note: Date of letter is incorrect, it was mailed on 5/30/96). This letter again informed the applicant of the changes that still needed to be addressed (per Planning Commission direction) prior to City Council action. I hope that this provides some clarity to the issues involved. This plat is not typical of the City of Shakopee's development approval process. Staff attempts to provide clear, detailed review letters in bullet point fashion to allow for simple modification of the plat documents. In most instances, the developer turns these letters over to a draftsperson and the changes are made quickly and final approval occurs within days, weeks or at worst, a little over a month. Per City Council direction, staff is currently working with Mr. Hastings to schedule a meeting with the Subdivision Review Committee so that he can provide input into the revision of the Subdivision Regulations/Development Process. is ommdevbc\1996\cc0604\hauer5.doc v r in fa C 8 8 0 • 0 U V ( y C w O 4 11 U3 y J o sy CC ♦, l' Y 4 y E - ( Y 4'^ U 7 a y G • j ✓ .. O • � ✓ C ;rot .• M a 0 ' �a �� Y 4 C C tt 4 O 0 G r T•v J U 4 4•r O • Y O 0 0 N M• G .. O 7 • o O p 4.4 ..4 M Y •^ (;j0 . 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It\ si// 7/ cf .t. 44 4./)-- C� \ v, w - AN\--2.;\• . 5--- )1 • 11141%•,-.... : 0/ � \� J ll 11.11" 1: f/* / iS1i . te ' ' ..) \ ` \4.2.,. ,9. "?' / 4/ �/ 0 , •a- w / / `" ` i \\\\ / ♦ i / (-\.„4„-.......- ( • \\ \ a • 19 d � . ---� sipptiy t Z / II 11 111/ /Ili '< /"."-T61 41* 1 44 ot lik \o . / / / ///h/ /lib/ // , /// ,, \,, ;,1 ,,:c. z.. A .4f.,0), • , • . ,,y l. /b% % t/ / /�.�✓ tib/jt r.�.. �/ �;'p., 0% .p., ► ''�\� \d; _ (.) J / . • • Exhibit B SHAKOPEE December 19, 1995 Gene Hauer 2088 Hauer Trail Shakopee, MN 55379 RE: Preliminary Plat-Hauers 5th Addition Dear Mr. Hauer: At their December 7, 1995, meeting, the Shakopee Planning Commission recommended to the City Council approval of the Preliminary Plat of Hauers 5th Addition subject to the conditions outlined in the enclosed staff memo. The Planning Commission also included an additional condition requiring the submittal of separate Grading and Erosion Control Plans and a Preliminary Plat drawing prior to the review of the Preliminary Plat by the City Council. If you have any questions, please contact the Planning Department at 445-3650. Thank you. Sincerely, jertar 6tillee.Anr Shelly Baey n Planning Secretary (i:\plannineloa11995\pc OThauer.doc) CONLMUN T I PRIDE SINCE 1857 12Q Holmes Street South Shakopee,Minnesota .53379-1351 612-44 -3050 FA\ 612-445-6718 ` ` Exhibit C Pat SHAKOPEE January 26, 1996 Gene, Virginia, and Jane Hauer 2088 Hauer Trail Shakopee, MN 55379 RE: Preliminary Plat Application for Hauers 5th Addition Dear Gene, Virginia, and Jane Hauer: At their December 7, 1995, meeting, the Shakopee Planning Commission recommended to the City Council approval of the Preliminary Plat for Hauers 5th Addition, subject to the conditions outlined below. City staff has received revised drawings and information regarding your application for Preliminary Plat approval of Hauers 5th Addition. After reviewing the revised information, the items in italics have been completed and the items marked in bold lettering should be completed prior to the approval of the preliminary plat by the City Council. I. The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City Council which reflects the following design changes: - A. The applicant shall dedicate 50 feet of right of way adjacent to CSAH 16, as proposed on the Preliminary Plat Drawing. (Completed) B. The Preliminary Plat shall reflect the correct zoning designation and density calculations. (Completed) C. The Preliminary Plat shall identify Parcels A and B. D. Land that has previously been dedicated as right-of-way shall not be included in the Preliminary Plat. E. Hauer Trail right-of-way shall be included in the Preliminary Plat. F. Park Ridge Drive shall be identified on the Preliminary Plat. (Completed) II. The applicant shall submit a revised Grading Plan prior to approval by the City Council which reflects the following changes: A. The Grading Plan shall indicate proposed elevations on the lot corners. (Completed) B. The Grading Plan shall indicate existing or proposed curb elevations where the curb cuts for driveways will be located (Completed) COMMUNITY PRIDE SL\cE 1857 129 Holmes Street South• Shakopee,Minnesota 55379-1351 • 612-445-3650 • FAX 612-4.15-6718 +9= C. The Grading Plan shall indicate driveway grades that do not exceed 10%. (Completed) III. Separate Preliminary Plat drawings and Grading and Erosion Control Plans must be submitted, as directed by the Planniii.Cammission. (Completed) In regard to Items C, D, and E under Section I, several issues need to be addressed. • Item C The originally submitted Preliminary Plat drawing identified"Parcel A", but did not indicate which legal description referenced this property. The revised Preliminary Plat drawing does not identify Parcel A or B on either the drawing or the legal descriptions. The areas must either be identified on the plat and with the corresponding legal description or must not be referenced on any of the drawings. • Item D The legal description includes land that was previously dedicated as right-of- way with Hauers 1st Addition. This land can not be included in either the plat or the legal description. • Item E The legal description identifies Hauer Trail as an exception to Hauers 5th Addition. If this land is owned by the developer, it must be included in the plat and dedicated as right--of-way. If this land is not owned by the developer, it can not be included in Hauers 5th Addition. The following items need to be completed prior to approval of the Final Plat. I. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. C. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. II. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3,Block 1. B. The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. C. The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3, Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). The property owners shall be responsible for maintenance of the shared driveway easement. • • If we can be of any assistance during this revision process, please contact us at 445-3650. Sincerely, / Julie Baumann Dave Nummer Planner I Staff Engineer h:juliie'plathrslhauer3.doc N Exhibit D SHAKOPEE April 22, 1996 Gene, Virginia, and Jane Hauer 2088 Hauer Trail Shakopee, MN 55379 RE: Preliminary Plat Application for Hauers 5th Addition Dear Gene, Virginia, and Jane Hauer: _ At their December 7, 1995, meeting, the Shakopee Planning Commission recommended to the City Council approval of the Preliminary Plat for Hauers 5th Addition, subject to the conditions outlined below. City staff has received revised drawings and information regarding your application for Preliminary Plat approval of Hauers 5th Addition. After reviewing the revised information, the items in italics have been completed and the items marked in bold lettering should be completed prior to the approval of the preliminary plat by the City Council. I. The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City Council which reflects the following design changes: A. The applicant shall dedicate 50 feet of right of way adjacent to CSAH 16, as proposed on the Preliminary Plat Drawing. (Completed) B. The Preliminary Plat shall reflect the correct zoning designation and density calculations (Completed) C. The Preliminary Plat shall identify Parcels A and B. (Completed) D. Land that has previously been dedicated as right-of-way shall not be included in the Preliminary Plat. (Completed) • E. Hauer Trail right-of-way shall be included in the Preliminary Plat. F. Park Ridge Drive shall be identified on the Preliminary Plat. (Completed) II. The applicant shall submit a revised Grading Plan prior to approval by the City Council which reflects the following changes: A. The Grading Plan shall indicate proposed elevations on the lot corners. (Completed) B. The Grading Plan shall indicate existing or proposed curb elevations where the curb cuts for driveways will be located (Completed) COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota 55379-1351 • 612-445-3030 FAX 612445-6713 +.:.3• C. The Grading Plan shall indicate driveway grades that do not exceed 10%. (Completed) III. Separate Preliminary Plat drawings and Grading and Erosion Control Plans must be submitted, as directed by the Planning Commission. (Completed) In regard to Item E under Section I, several issues need to be addressed. Item E The legal description identifies Hauer Trail as an exception to Hauers 5th Addition. • If this land is owned by the developer, it must be included in the plat and dedicated as right-of-way. • If this land is not owned by the developer, it can not be included in Hauers 5th Addition or referenced in the legal description for Parcel B. With regard to Section III, the revision received by staff on January 12, 1996 included separate Preliminary Plat drawings and Grading and Erosion Control Plans. However, the revisions received on March 27, 1996 do not include all of the necessary information. The Preliminary Plat drawing received on March 27, 1996 does not include the required information such as zoning district, legal descriptions, acreage, density, easement location and measurements. It is necessary that a Preliminary Plat drawing with the required information and all revisions be submitted to staff. The following items need to be completed prior to approval of the,Final P,l'at. I. The following procedural actions must be taken: A. Approval of the title opinion by the City AttornekJ B. The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. C. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. II. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3, Block 1. B. The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. C. The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3, Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). The property owners shall be responsible for maintenance of the shared driveway easement. If I can be of any assistance during this revision process, please contact me at 445-3650. Sincerely, • / oulie Baumann Planner I Bjulie\platItrs\hauer52.doc Exhibit E SHAKOPEE May 23, 1996 Gene, Virginia, and Jane Hauer 2088 Hauer Trail Shakopee, MN 55379 RE: Preliminary Plat Application for Hauers 5th Addition Dear Gene, Virginia, and Jane Hauer: At their December 7, 1995, meeting, the Shakopee Planning Commission recommended to the City Council approval of the Preliminary Plat for Hauers 5th Addition, subject to the conditions outlined below. City staff has received revised drawings and information regarding your application for Preliminary Plat approval of Hauers 5th Addition. After reviewing the revised information, the items in italics have been completed and the items marked in bold lettering should be completed prior to the approval of the preliminary plat by the City Council. L The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City Council which reflects the following design changes: A. The applicant shall dedicate 50 feet of right of way adjacent to CSAH 16, as proposed on the Preliminary Plat Drawing. (Completed) B. The Preliminary Plat shall reflect the correct zoning designation and density calculations. (Completed) C. The Preliminary Plat shall identify Parcels A and B. (Completed) D. Land that has previously been dedicated as right-of-way shall not be included in the Preliminary Plat. (Completed) E. Hauer Trail right-of-way shall be included in the Preliminary Plat. F. Park Ridge Drive shall be identified on the Preliminary Plat. (Completed) II. The applicant shall submit a revised Grading Plan prior to approval by the City Council which reflects the following changes: A. The Grading Plan shall indicate proposed elevations on the lot corners. (Completed) COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 B. The Grading Plait shall indicate existing or proposed curb elevations where the curb cuts for driveways will he located. (Completed) C. The Grading Plan shall indicate driveway grades that do not exceed 10%. (Completed) III. Separate Preliminaty Plat drawings and Grading and Erosion Control Plans must he submitted. as directed by the Planning Commission. (Completed) In regard to Item E under Section I, several issues need to be addressed. Item E The legal description identifies Hauer Trail as an exception to Hauers 5th Addition. • If this land is owned by the developer, it must be included in the plat and dedicated as right-of-way. • If this land is not owned by the developer, it can not be included in Hauers 5th Addition or referenced in the legal description for Parcel B. Please advise city staff regarding the ownership of this property and the status of right-of-way dedication. The following items need to be completed prior to approval of the Final Plat. I. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building.permit for the principal structure for each lot. C. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. - II. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3,Block 1. B. The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. C. The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3, Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). The property owners shall be responsible for maintenance of the shared driveway easement. If I can be of any assistance during this revision process, please contact me at 445-3650. iSi cerely, ulie Baumann Planner I h:\julie\plathrs\hauer53.doc a #7 MEMO TO: Barry Stock, Acting City Administrator FROM: Julie Baumann, Planner I DATE: June 4, 1996 RE: Non-Agenda Information Regarding Accessory Structures and Driveways INTRODUCTION Recently, the City Council directed staff to prepare information regarding accessory structures and driveways. DISCUSSION Section 11.81, Subd. 2 of the Shakopee City Code outlines the requirements of accessory structures (Please see Exhibit A). This section provides requirements such as, construction time, size of accessory structure, and setbacks. Section 11.62 of the Shakopee City Code provides the requirements for driveways within the city (Please see Exhibit B). This section outlines design standards requirements, such as surfacing, setbacks, driveway width and location, and access. Section 11.61, Subd. 2.G.1 requires that both a garage and driveway (which do not require variances) shall be provided and indicated, as such, on a site plan when applying for a building permit to construct a new dwelling or alter an existing garage (Please see Exhibit C). ACTION REQUESTED This is for informational purposes only. No action is being requested at this time. is\commdev\cc\1996\cc0604\access.do c agaiiim EXHIBIT A SEC. 11.81. GENERAL PROVISIONS. till Subd. 1. Development Standards. A. Frontage Required. A platted lot or parcel of land shall not be developed unless it has frontage on a street, or has access approved through a planned unit development. B. Sewage. A platted lot or parcel of land shall not be developed unless a safe and iii adequate sewage treatment system can be installed to serve any building. C. Setbacks from Streets. On lots abutting two or more streets, the required front yard J1.11 am setback shall be provided for each side abutting a street. The front yard shall be the side with the shortest street frontage. In the rural residential (RR), low density residential (R-1A), urban residential (R-1B), and medium density residential (R-2) zones the required setback shall be reduced by 10 feet in any yard abutting a street other than the II front yard. Subd. 2. Accessory Structures. A. Constructed After Principal Building. No accessory structure shall be constructed on any residential lot prior to the construction of the principal building to which it is accessory. III B. Size. Except in the agricultural preservation (AG) zone, no accessory structure shall exceed the height of the principal building or 15 feet in a residential zone, whichever is II less. In the low density residential (R-1A), urban residential (R-1 B), Old Shakopee residential (R-1 C), medium density residential (R-2), and multiple-family residential (R-3) zones, no accessory building shall exceed ten (10) percent of the lot area or exceed 75% 11 1.1+ of the square footage of the footprint of the principal dwelling,'whichever is less. C. Front Yard Setback. Each accessory structure shall be set back at least as far as the principal building on the lot. In the agricultural preservation (AG) and rural residential II (RR) zones, no accessory structure may be located closer to the front lot line than the principal buildings or 200 feet, whichever is less. D. Side and Rear Yard Setbacks. An accessory structure shall be set back a minimum of .03 five (5) feet from the side or rear lot line. A garage shall be set back a minimum of twenty (20) feet from the lot line abutting the street or alley where the driveway takes access. VSubd. 3. Required Yards and Open Space. A. No required yard or other open space allocated to one building shall be used to satisfy yard or open space requirements for any other building. B. The following shall not be considered to be encroachments on yard requirements: 1 1. Structural or decorative building elements, rovided they y d o not extend more than 2 feet into a yard. I od 1. 1402 I EXHIBIT B SEC. 11.62. DRIVEWAYS. Subd. 1. Purpose. The purpose of the regulation of driveways is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for driveways based on the use of the land. Subd. 2. General Provisions. A. Application. The provisions of this section apply to the required and non-required driveways in all zones. B. Use of Driveway. No required off-street driveway shall be used for an open sales lot or for open storage. C. Maintenance. The owner of the principal use, uses, or structure shall maintain the driveway and curbs in a neat and adequate manner. D. Shared Driveways. Driveways serving more than one lot or parcel of land may be approved by the Board of Adjustment and Appeals. The Board of Adjustment and Appeals in approving shared driveways shall require the following: 1. A property owner's association or maintenance agreement for the driveway must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefitting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. 2. When the proposed shared driveway is an existing driveway, the Board of Adjustment and Appeals shall review the condition of the driveway and make a determination as to whether the driveway must be upgraded to insure proper and safe access. If the Board of Adjustment and Appeals determines that the driveway must be upgraded, the homeowner's association or property owners -. will be required to execute a developer's agreement with the City for the improvement of the driveway. Subd. 3. Design Standards. A. Access. No vehicle shall be allowed to access a lot or parcel of land except at the approved driveway location. B. Turn Around Area. Construction of on-site turn-around facilities is required for multiple- family, business, and industrial uses in order to eliminate any backing out onto the street. C. Traffic Flow. Driveways shall be designed so that vehicles may enter, circulate, park, and exit parking facilities in a convenient and orderly fashion. The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on the streets, traffic hazards, and excessive traffic through residential areas, particularly commercial vehicles. 1351 D. Surfacing. Except for driveways for single family dwellings witnin me agricultural preservation (AG), rural residential (RR), low density residential (R-1A), urban residential (R-1B), and Old Shakopee residential (R-1C) zones, the entire driveway shall be surfaced with asphalt or concrete. Driveways leading to parking spaces for only one or two vehicles, and driveways in excess of 50 feet in length in the agricultural preservation (AG) and rural residential (RR) zones, may be surfaced with other material which is dust- free and impervious to penetration by water. E. Curb Cuts. The number and size of driveways intersecting with City streets shall be in accordance with Chapter 7 of the City Code and as approved by the City Engineer. Driveways onto County roads are regulated by the County Engineer. Driveways onto state and federal highways are regulated by the Minnesota Department of Transportation. F. Driveway Setback. Driveways shall be set back a minimum of five (5) feet from any • side or rear lot line. Except in the low density residential (R-1A) zone, and except directly in front of a garage door, no driveway shall be closer than three (3) feet to any single or two family dwelling, nor closer than five (5) feet to any multiple-family or f business building. G. Number of Driveways. A maximum of one driveway per 200 feet of frontage shall be allowed for multiple-family, business and industrial uses. H. Driveway Widths. Driveways widths shall be as approved by the City Engineer. I. Driveway Location. Driveways shall be located outside the sight triangle and as far as possible from any street corner. Driveway locations shall be selected to cause the least interference with the movement of traffic on streets. J. Emergency Vehicles. All driveways shall have a minimum width of ten (10) feet with a pavement strength capable of supporting emergency vehicles. K. Maximum Driveway Grade. No driveway grade shall exceed 15% within 25 feet of the property line. (Ord. 377,July 7, 1994) I I I I I(; 1352 i it EXHIBIT C SEC. 11.61. PARKING. Subd. 1. Purpose. The purpose for the regulation of off-street parking is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of vehicles based on the use of the land. 1 Subd. 2. General Provisions. IIA. Application. The provisions of this section apply to the required and non-required off- street parking in all zones, except that property within the central business (B-3) zone is exempt from the off-street parking requirements. These provisions apply to the entire Elarea used for vehicular circulation and parking. B. Where May Park. I1. Except in the agricultural preservation (AG) zone, a vehicle may be parked only on a street or alley, or in a properly surfaced parking facility. Vehicles may be parked on grass or outside a parking facility when a flood or other emergency 1 11 prohibits the use of the parking facility, or when the required parking for a particular use is insufficient to meet a business rush, such as during the holiday season. 4 2. A recreational vehicle may be parked for more than 24 hours only on an approved sales lot or self-storage facility, as specified in the parking provisions relating to residential parking facilities, or in a campground. 11 C. Expansion of Existing Uses. Any existing use or structure which is altered or enlarged must comply with the provisions of this section. D. Reduction of Parking Spaces. Off-street parking spaces existing upon the effective date of this Chapter shall not be reduced in number below the requirements set forth in this section for that use. III E. Use of Parking Space. No required off-streetarkin spaceshall P 9 be used for an open sales lot or for open storage. 4 F. Maintenance. The owner of the principal use, uses, or structure shall maintain the parking facility and curbing in a neat and adequate manner. IlG. Residential Parking Facilities. 1. Required. Off-street parking facilities located outside of required setbacks shall IIbe provided for at least two vehicles for all single family dwellings. A suitable .......* location for both a garage measuring at least 20 feet by 24 feet and a 10 foot driveway, which do not require a variance, shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. il 2. Use. Off-street parking facilities in an rural residential (RR), low density residential (R-1A), urban residential (R-1B), Old Shakopee residential (R-1C), I 1331 MEMO TO: Barry Stock, Acting City Administrator FROM: Julie Baumann, Planner I ' DATE: June 4, 1996 �J RE: Non-Agenda Information Regarding Time Extensions INTRODUCTION Recently, the City Council directed staff to prepare information regarding time extensions for subdivisions. DISCUSSION Section 12.03, Subd. 3.G of the Shakopee City Code states the following: Approval of the preliminary plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; 2. That the applicant may submit on or before such expiration date, the whole or any part of the approved plat for final approval; 3. The Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Each extension shall not exceed a 12 month period. Occasionally, requests are made for the extension of preliminary plat approval. When extension requests are made, the majority of these requests are for rural subdivisions. The rural subdivisions have seen a slow development rate due to the actions of the Metropolitan Council. The Metropolitan Council has revised the density for rural areas to 1 dwelling unit per 10 acres. With the adoption of the new Zoning Ordinance in June of 1994, the City of Shakopee incorporated the Metropolitan Council's 1 per 10 requirement. Therefore, in 1994, the allowance of 2.5 acre lots in rural areas was replaced with the 10 acre lot requirement (this also happened elsewhere in Scott County) . Prior to the 10 acre requirement taking effect, Shakopee experienced a flood of 2.5 acre developments. Due to oversupply of 2.5 acre lots in the area, developers are pursuing the option of requesting an extension of Preliminary Plat approval. ACTION REQUESTED This is for informational purposes only. No action is being requested at this time. i:\commdev\ec\1996\cc0604\extens.doc 1( MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne1+ 1 DATE: May 29, 1996 RE: Zoning Notification BACKGROUND: Earlier this year you requested that an ordinance be prepared to notify people of the zoning next to property they were considering acquiring. Staff now has prepared an ordinance to make this change. Since the concerns seemed to focus mainly on residential property, the draft language was limited to that . The Community Development Department recommended that the notification be broadened to include the comprehensive plan designation, since zoning is supposed to be modified to match the comprehensive plan. The new ordinance would read as follows : "SEC. 10.79. DISCLOSURE OF ZONING. When assisting a person in the purchase of any residential real estate, a real estate broker, developer, or other seller (other than an individual homeowner selling his or her own home) shall disclose the zoning and comprehensive plan designation of the property being purchased, and the zoning and comprehensive plan designation of all property within 350 feet of the property being purchased. " If you have questions, comments, or suggestions regarding this language, please let me know. If I have not received comments by the end of the Council meeting on Tuesday, June 4, 1996, then the Community Development Department will proceed to send this to local real estate brokerage firms for their comments . Once we receive those, the ordinance will return to you for consideration. REQUESTED ACTION: Review the draft language and let the City Attorney know, by the end of the Council meeting Tuesday, June 4, 1996, if any changes are desired. [2 8MEMO] SCOTT COUNTY OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 ICITr 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8100 GARY L. CUNNINGHAM Fax: (612) 496-8180 COUNTY ADMINISTRATOR May 29, 1996 Mr. Barry A. Stock Acting City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Your Letter dated May 22, 1996 Dear Mr. Stock: At its meeting on May 28, 1996, the Scott County Board briefly discussed your referenced letter requesting that the County formally consider the recognition of Shakopee's "urbanized district" and adopt a 30-mile-per-hour speed limit designation on all urbanized streets within the City of Shakopee. The Board directed staff to research legal implications and return with findings to the next Transportation Committee meeting, which is scheduled for June 27, 1996, at 8:00 a.m. Following direction from that committee, the matter will be scheduled for discussion at a meeting of the Committee of the Whole. I will be happy to advise you when that meeting has been scheduled. In the meantime, if I can be of further assistance, please contact me. Sincerely, • f c � I ary L. C ningha i'1 County • a ministrator GLC/jfh c: County Commissioners Brad Larson, Associate Administrator, Public Works & Lands Bill Nevin, County Sheriff Bob Ostlund, Superintendent, ISD 720 Jim Murphy, Shakopee Sr. High School Principal Dr. Vicki Petzko, Shakopee Jr. High School Principal Bruce Loney, Shakopee Public Works Director Tom Steinger, Shakopee Police Chief An Equal Opportunity/Safety Aware Employer SCOTT COUNTY 41- BOARD OF COMMISSIONERS COURTHOUSE 109 J.0011' 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612) 496-8100 RALPH T. MALZ, DISTRICT 1 Fax: (612) 496-8180 WILMA E. BEHM, DISTRICT 2 ART BANNERMAN, DISTRICT 3 DICK UNDERFERTH, DISTRICT 4 ED MACKIE, DISTRICT 5 May 30, 1996 Mr. Barry Stock Shakopee Acting City Administrator Shakopee City Hall 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Stock: On behalf of the Scott County Board of Commissioners, I would like to extend a personal invitation to you and your council to attend a presentation by representatives of the Metropolitan Council regarding the "Growth Options For the Twin Cities Metropolitan Area." The presentation will be a part of the Board's Committee of the Whole meeting on June 11, 1996, at 11:00 a.m. The Board of Commissioners felt that this is an important policy issue to the future development of Scott County. The County seeks your input and participation in a community dialogue with the Metropolitan Council staff. Because of our limited space, we are requesting that your council select one elected official and any appropriate staff that you feel are necessary. However, all individuals who would like to attend are welcome We look forward to your participation at our upcoming Committee of the Whole meeting. Thank you for your consideration of this invitation. Sincerely, Ralph T. Malz Chair of the Board An Equal Opportunity/Safety Aware Employer .T OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE,MINNESOTA MAY 15, 1996 MEMBERS PRESENT: Zorn, Miller, Link, Amundson, VanHorn, Morke, Reinke STAFF PRESENT: Barry Stock, Acting City Administrator; Paul Bilotta, Community Development Director; Nicole Bennett, Economic Development Specialist 1. Roll Call President Zorn called the meeting to order at 6:00 p.m., and roll was taken as noted above. 2. Approval of March 20, 1996, Meeting Minutes VanHorn/Morke moved to approve the April 17, 1996, meeting minutes. Motion carried unanimously. 3. Approval of Agenda VanHorn/Reinke moved to approve the agenda with the deletion of#6 (Cleansweep Request for TIF) and the addition of item 11c)EDA Director/Coordinator. Motion carried unanimously. 4. Approval of Bills VanHorn/Reinke moved to approve the bills in the amount of$1,811.47 for the EDA General Fund and $8,688.25 for the Blocks 3 & 4 Fund. Motion carried unanimously. 5. Phase I Analysis - 213 E. First Avenue Mr. Stock stated that the study conducted by BKBM Engineers on the Country Collections building in Block 4 did not include hazardous waste removal cost estimates, however the study cost $3180 rather than the proposed $7000. Mr. Stock noted that he contacted an environmental engineering firm and for $250 they will do a complete Phase I analysis, but they stated that a worst-case scenario to remove all asbestos from the building would be $10,000. He noted that a complete Phase II analysis would cost approximately $600 to determine if the ceiling tile and gypsum has asbestos and needs to be removed or not. Comm. Morke inquired about PCB's and lead, and whether or not they would be covered by this analysis. Mr. Stock responded that a Phase I and Phase II will need to be done on all of the buildings before demolition or rehabilitation may proceed, and that analysis would cover all hazardous substances. Comm. Zorn inquired if the environmental analysis is a lengthy process once condemnation is complete. Mr. Stock replied that it would take approximately 2-3 weeks to do these studies once the buildings are under city ownership. 6. Industrial Development Incentive Policy Ms. Bennett stated that a packet of information on various kinds of economic development programs and policies was provided to assist the EDA in providing direction to staff as to what the City's focus should be. Comm. Morke stated that the process and structure are a good starting point, and the TIF section provided was interesting and gave a good T Economic Development Authority May 15,1996 Meeting Minutes Page 2 background. Comm. Link stated that a good community should have commercial and industrial land available and the city should examine what it can do to attract large scale development without mortgaging the farm. Comm. Reinke stated that the city should be working with what it has already, such as businesses looking to expand and incentives for existing business. Comm. Zorn noted that the city's goals as identified by the EDA at the last meeting were: (1) redevelopment, (2) new prospects, and (3) existing business expansion. He added that the concept of an ombudsman position with one-stop shopping for economic development prospects to help them through the city process was a good idea. Comm. Reinke noted that the City of Minneapolis uses volunteers in the ombudsman office to assist the general community. Comm. Link inquired about the sign put up by Belle Plaine to attract Excelsior-Henderson. Comm. Miller stated that TIF should be used as a tool, but the EDA needs to develop goals for spending TIF revenues. He inquired about different scenarios showing what would happen with the use of TIF dollars, and requested that staff provide such information at the next meeting. Comm. Zorn noted that the top ten goals and objectives identified by the EDA somewhat address the different scenarios such as redevelopment on Blocks 3 & 4. Comm. Miller noted that as requests for TIF come in, the city needs to have a program in place to determine what is meeting the criteria and what is not. Comm. Amundson stated that Excelsior-Henderson is a good example of what Comm. Miller is saying in that the dollars spent for the project may only support it or they may generate additional dollars to support the riverfront or a marina. Comm. VanHorn noted that perhaps a portion of the revenues could be used by the EDA to set up a revolving loan fund. Mr. Stock stated that the EDA may charge a 10% administrative fee on TIF projects. Comm. Miller stated that the problem properties in the city with constraints to development are another issue. Mr. Stock noted that it sounds like the EDA wants to be more proactive in identifying parcels that will need TIF to develop. Comm. VanHorn inquired as to what is being done with the top ten goals and objectives identified by the EDA. Comm. Zorn responded that these projects should take priority for staff time. Mr. Stock noted that staff could develop workplans with timelines showing steps to completion of each goal, have the EDA adopt the workplan, and allow staff to follow-up. Comm. Miller stated that a workplan to map the progress toward end goals would be helpful. Comm. Zorn directed staff to provide one or two timelines for each project at each of the upcoming EDA meetings. 7. Property Insurance Mr. Stock stated that Mr. Voxland's memo indicates that the EDA direction was to keep the property insurance on Blocks 3 & 4 until the engineering study was completed, and the study is now complete. He added that staff would recommend keeping the buildings insured. Comm. Morke stated that his recommendation would be to keep the insurance until a decision is made regarding the future of the buildings. Comm. Zorn stated that the insurance does not seem necessary. Economic Development Authority May 15,1996 Meeting Minutes Page 3 Morke/VanHorn made a motion to keep property insurance on the buildings. Motion carried 6 to 1, with Comm. Zorn voting against. 8. Arts Council Lease Request Comm. Zorn stated that the Shakopee Community Arts Council would like to occupy the vacated buildings where Kosse Studio and Paragon Cable used to be. VanHorn/Reinke made a motion to allow the Arts Council to occupy the buildings. Motion was amended to include a provision of exclusivity and to direct staff to draft the lease agreement. Motion carried unanimously. 9. Blocks 3 & 4 Condemnation Authorization VanHorn/Amundson made a motion to adopt Resolution No. 96-6, to proceed with eminent domain under regular procedures. Motion carried unanimously. 10. Informational Items b) Mr. Stock provided a brief update of the Excelsior-Henderson project, and noted that the Mayor is present to answer any questions about the presentation to City Council or the site visit that occurred in April. Mayor Henderson stated that the EDA is an integral part of this project, the prospect is very community oriented, they have major support from the Governor and the State, and right now they are simply looking for support from the City. Mr. Stock noted that the Mayor, Comm. Zorn, and staff will be meeting with the bond counsel to talk about the risk involved and the city's options for support. Mayor Henderson noted that he would never vote for any deal that would put the city at risk. Comm. VanHorn stated that the project sounds exciting, and other cities would give them the $6 million. c) Comm. Zorn directed staff to develop the EDA budget around the assumption that an Economic Development Coordinator or Director position will be created. Miller/Morke moved to budget for that position. Motion carried unanimously. 11. Other Business Comm. Reinke stated that Council may need to budget for transit programs under the new local levy. Comm. Miller requested that staff provide an update regarding the alley improvement projects with a timeline at the next meeting. 12. Adjourn Miller/Reinke moved to adjourn at 8:00 p.m. Motion carried unanimously. The next regular meeting will be held on June 19, 1996, at 6:00 p.m. Nicole Bennett h:\eda\min5-15.doc Recording Secretary TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 4, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] Approval of Agenda 3) Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS >6] Approval of the Minutes of May 14th and 21st, 1996 >7] Approve Bills in the Amount of $138, 513. 64 8] Communications: >a] Peggy Adermann, American Cancer Society, regarding "A Walk in the Park" at Memorial Park on July 20th b) Bob Roepke, Southwest Metro Transit, regarding designation of Suburban Transit Association subcommittee representative >c] Steve Morgan, Stafford Alii Association, regarding annual "Recovery Rally" at Memorial Park 9] Public Hearings: None 10] Recommendations From Boards and Commissions: None 11] Reports from Staff: r, - a) Resolution of A reciatio.� to Rose Mertz 4442 PP b] Community Center Walking Track "Lift" >c) Maple Trails Estates - Extension of Preliminary Plat Approval >d] Temporary Beer License Application - St. Mary' s Church >e) Temporary Liquor License Application - St . Mark' s Church >f) Transit Levy >g] Performance Aid TENTATIVE AGENDA June 4, 1996 Page -2- 11] Reports from Staff continued: h] McKenna Road Construction i] City Administrator Position j ] 1997-2001 Capital Improvement Program (CIP) 12] Routine Resolutions and Ordinances: a] Ord. No. 454 - Amending Regulations for Pawnbrokers >b] Res. No. 4387 - Vacation of Easements in Pierce St. Between 3rd and 4th Avenues >c] Res. No. 4447 - Apportioning Special Assessments for Westwind Addition d] Res. No. 4448 - Awarding Bids for the 1996 Reconstruc- tion Project, 1996-2 -- memo on table el Res. No. 4449 - A Resolution of Appreciation to The City Administrator Search Committee f] Ord. No. 455 - Adopting A New Section Relating To Telecommunication Permits g] Ord No. 453 - Amending Cable Ordinance - tabled 5/21 Memo on the table 13] Other Business: a] b] c] 14] Adjourn to Tuesday, June 18th, 1996 at 7: 00 P.M. Barry Stock Acting City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAY 14, 1996 Mayor Henderson called the meeting to order at 6:03 P.M. with Councilmembers DuBois, Zorn, Sweeney and Link present. Also present: Barry Stock, Acting City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; and Mark Huge, Fire Chief. The following items were added to the agenda: 4a) Res. No. 4441, Amending The Non- Union Pay Schedule, 4b) Barricade Usage for the American Legion Parade, and c) Preliminary Design Committee for the Fire Station. Sweeney/Zorn moved to approve the agenda as amended. Motion carried unanimously. Zorn/Sweeney moved to authorize the appropriate City officials to execute the letter agreement with Moss & Barnett and Pioneer Engineering. Motion carried unanimously. Sweeney/DuBois offered Resolution 4441, A Resolution Amending Resolution No. 4352, Adopting The 1996 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee, and move its adoption. Motion carried unanimously. Sweeney/Zorn moved to appoint Mr. Joel Rutherford to the Assistant City Engineer position at Step 6 of the Non-Union 1996 Pay Plan ($44,768.00), effective June 3, 1996 contingent upon passage of a preemployment physical. Motion carried unanimously. Zorn/DuBois moved to waive the fees for the barricades for the May 19, 1996 American Legion Parade. Motion carried unanimously. Sweeney/Zorn moved to formalize a preliminary design committee for the fire station consisting of the Fire Chief, Mary Athmann, Councilor Link, and the City Administrator. Motion carried unanimously. Sweeney/Zorn moved to adjourn to May 21, 1996 at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 6:09 P.M. to,A,01A-t/c ej_. , dith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA MAY 21, 1996 Mayor Jeff Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Karen Marty, City Attorney; Barry Stock, Acting City Administrator; Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Paul Bilotta, Community Development Director; Mark McQuillan, Park and Recreation Director; Mark Huge, Fire Chief; and Tom Steininger, Chief of Police. The following items were added to the agenda: 13a) Resignation of Barry Stock, 13b) Res. No. 4445, Designating Acting City Administrator. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. There was no response. DuBois/Zorn moved to approve the Minutes of May 7th, 1996. Motion carried unanimously. Link/Zom moved to approve bills in the amount of$497,574.19. Motion carried unanimously. Barry Stock reported that Greystone has finalized cost estimates for a fully enclosed lift at the walking track. He asked for direction in proceeding with the installation. Discussion ensued relating to the supervision, contract management fees, and design fees for installation. In response to a question as to whether Greystone would forego some of the fees, Mr. Stock suggested tabling discussion for two weeks. Sweeney/Zorn moved to put the enclosed lift for the walking track at the community center out for bids. Motion carried unanimously. Mayor Henderson opened the public hearing on the proposed improvements to Gorman Street from 4th Avenue to County Road 17. Bruce Loney explained that Gorman Street has not been improved in over 30 years and is in a deteriorated state with poor drainage. Sanitary sewer replacement, a 12 inch watermain, additional storm catch basins, total street reconstruction with curb and gutter, sidewalk, and bituminous trail are proposed. The 12 inch water main would complete the Shakopee Public Utilities trunk water system and provide a lateral service benefit to vacant parcels. The installation of utilities and reconstruction of the street would complete the infrastructure and allow development to occur. Official Proceedings of the May 21, 1996 Shakopee City Council Page -2- Mr. Loney stated that there has never been curb and gutter in this area so they would be assessed at 100 percent and would slightly reduce the City's share. The total cost of the project is $396,885.63. Mr. Loney noted that$200,000.00 was included in the 1996 Capital Improvements budget. The main issue is whether or not to reconstruct the street or wait until development proposals are submitted on the undeveloped vacant parcels. Paul Bilotta reported on the zoning of the area. Discussion ensued relating to utility and road access to land-locked parcels and the impact on the debt service levy. Burt Lindahl, Shakopee East Apartments, approached the podium and stated that he disagreed with going forward at this time. He objected to the watermain assessments as he is currently served by watermain and sewer. He suggested tabling discussion and revisiting the possibility of re-surfacing the road. In response to a question as to how many parcels could be developed if the proposed improvements do not move forward, Mr. Loney replied that four of the properties could not be developed without watermain. Discussion ensued relating to assessing properties without benefit. DuBois/Link moved to close the Public Hearing. Motion carried unanimously. Zorn/DuBois offered Resolution No. 4439, A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Gorman Street, From 4th Avenue To County Road 17 Project No. 1996-3, and moved to deny its approval; and, moved to direct staff to initiate temporary repairs to the road surface of Gorman Street. Motion carried unanimously. Paul Bilotta reported that the Planning Commission has determined the Final Plat of Pinewood Estates to be in substantial conformance with the Preliminary Plat, and recommends approval, subject to conditions. Discussion ensued relating to conformance and insurance that the outlots would never go tax forfeiture. Link/DuBois offered Resolution No. 4440, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat For Pinewood Estates, and moved its adoption. Motion carried unanimously. Paul Bilotta reported that the St. Francis Regional Medical Center has requested an amendment to the Minnesota Valley Health Campus Planned Unit Development in order to construct a Radiation Therapy and Oncology Center. In addition, he recommended some verbiage changes to the PUD to allow for small changes without having to appear before Boards or Commissions each time. The Planning Commission also recommended a second sign on the west side of the hospital. Official Proceedings of the May 21, 1996 Shakopee City Council Page -3- Sweeney/DuBois offered Ordinance NO. 452, An Ordinance Of The City Of Shakopee, Minnesota, Amending Ordinance No. 433, Creating Planned Unit Development Overlay Zone No. 6, By Amending The Development Plan, and moved its adoption. Motion carried unanimously. Paul Bilotta reported that the Calvary United Methodist Church has requested that the requirement regarding night time sound levels be deleted from Resolution No. 3974, and explained that this is a policy decision. Sweeney/Zom offered Resolution No. 4449, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 3974, Approving The Final Plat For Calvary Addition, and moved its adoption. Discussion ensued relating to noise level requirements and berms. Motion carried 3-2 with Cncls. DuBois and Zorn opposed. Tom Steininger, Chief of Police, approached the podium and requested approval to enter into a health care services agreement with Scott County to provide City Police Officers with hepatitis vaccinations. DuBois/Link moved to authorize the appropriate City officials to enter into a health care service agreement with Scott County for the purpose of providing hepatitis vaccinations to Shakopee Police Officers. Motion carried unanimously. Judith Cox reported that the Chaska/Jonathan Jaycees has requested a temporary non-intoxicating malt liquor license for a softball tournament on June 1st and 2nd at Tahpah Park. Zorn/Sweeney moved to approve the application and grant a temporary non-intoxicating malt liquor license to the Chaska/Jonathan Jaycees for the concession stand area at Tahpah Park for June 1st and 2nd, 1996. If Council concurs with the recommendation of the Chief of Police, Councilmembers should vote in the negative. Tom Steininger, Chief of Police, approached the podium and explained that the size of the crowds at Tahpah Park has grown over the last few year. Points of concern are that consumption of alcohol has not been limited to the pavilion area, minors are believed to be consuming alcohol, and poor driving has been noted in the area. He recommended not expanding the sale or consumption of alcohol and noted that the Park and Recreation Director is preparing a sign stating that no alcoholic beverages are allowed outside of the pavilion area. Discussion ensued relating to Shakopee Jaycee contributions and liability insurance. Karen Marty explained that an incident occurring at a legal establishment will not bring liability upon the City the way an occurrence on City property would. Official Proceedings of the May 21, 1996 Shakopee City Council Page -4- Ed Loper, Chaska/Jonathan Jaycees, approached the podium and explained that Turtles had approached them rather than the Shakopee Jaycees this year, and they would donate the profits to any charity the City chooses. He also noted that$500 spent for proof of insurance would be lost if the license is voted down. Motion failed 3-2 with Cncls. DuBois, Sweeney, and Link opposed. A break was taken from 8:26 P.M. to 8:40 P.M. Bruce Loney reported that the current hot water pressure washer is in need of extensive repairs and due to the cost of those repairs a new machine was included in the 1996 budget. He requested authorization to purchase equipment over $5,000.00 Link/DuBois moved to authorize the appropriate City officials to purchase a new hot water pressure washer from WA Associates, Inc., for a total cost of $5,427.24, to be funded out of the Capital Equipment Fund - Shop Division. Motion carried unanimously. Judith Cox reported that Scot Neverdahl has been investigated by the police department and that nothing has been found to preclude issuing him a tattoo license. Discussion ensued relating to restrictions for tattooing. Sweeney/DuBois moved to approve the issuance of a tattoo license to Scot James Neverdahl at Body Art, 205 South Lewis St., conditioned upon proof of the required insurance. Motion carried 4-1 with Cncl. Zorn opposed. Mark McQuillan, Park and Recreation Director, approached the podium and defined part time regular employees and eligibility for benefits, explaining that the intention was not to employ year round part time staff at the community center. He discussed alternatives and recommended revising the personnel hand book requiring future part time employees to work more than 32 hours before receiving benefits. Zorn/Sweeney moved to direct the appropriate City staff to draft a revision of the City's personnel handbook requiring future part-time employees to work more than 32 hours before they can receive benefits, effective immediately, and that the one employee of the Police Department be grandmothered in. Discussion ensued regarding policy. Sweeney/DuBois moved to table the motion in order that staff can research if there is a law that requires benefits for those that work a 30 hour week. Motion carried with Cncl. Zorn opposed. Official Proceedings of the May 21, 1996 Shakopee City Council Page -5- Mark McQuillan reported the Employee Incentive/Customer Service Committee has selected Thursday, July 25, 1996 for the Picnic and suggested having a welcoming luncheon for the new City Administrator over lunch hour with employees when he starts. He requested authorization of $350.00 for the welcoming luncheon. DuBois/Link moved to have the Employees/Boards and Commission's picnic on Thursday, July 25, 1996. Motion carried unanimously. DuBois/Link moved to allocate funding for the Employee/New Administrator Welcoming Luncheon not to exceed $350.00. Motion carried unanimously. Gregg Voxland reported that the Scott County Soil and Water Conservation District has approached the City of Shakopee regarding the sale or an easement on 65 acres north of Memorial Park to improve river quality by taking farm land out of production. He requested direction and/or authorization to proceed with the possible sale or granting of an easement, and negotiations. Discussion ensued. Sweeney/Zom moved to authorize staff to negotiate with interested parties for the granting of an easement on City land north of Memorial Park. Motion carried unanimously. Sweeney/DuBois moved to direct the Mayor to appoint a representative from the Council to serve on the property acquisition negotiating team (fire station site). Motion carried unanimously. Mayor Henderson asked Councilwoman DuBois to serve on the negotiating team for acquiring a site for the fire station. Cncl.DuBois agreed. Barry Stock reported that a City custodian will be retiring June 7, 1996 and requested authorization to execute an agreement for cleaning services with Pride of the Twin Cities. Zorn/Link moved to authorize the appropriated City officials to execute an agreement by and between Pride of the Twin Cities, Inc. and the City of Shakopee for municipal building cleaning services. ($1,128.00/mo.) Motion carried unanimously. Mark Huge, Shakopee Fire Chief, approached the podium and discussed the condition of utility and grass rig vehicles and requested authorization to purchase equipment for outfitting the new pick-up at a cost of $16,740.00, of which $2,326.80 is over budget. Discussion followed. Link/Zorn moved to award the bid to Custom Fire Apparatus for $16,740.00. This will bring the total cost of the unit (including the truck purchase through Hennepin County) to $37,326.80. This is $2,326.80 over budget. This will provide a brush/grass rig which will be appropriate for its intended use by the Fire Department. Motion carried unanimously. Official Proceedings of the May 21, 1996 Shakopee City Council Page -6- Mark Huge reported that a gas monitor was included in the 1996 operating budget. After evaluating the Infratech Gas Monitor and using it for several months, the system was determined to be invaluable. Mr. Huge requested an accessory kit and purchase of the system, and approval to continue to use the system. Zorn/DuBois moved to authorize payment for the Infratech Four Gas Monitor and accessory kit in the amount of$2765.47 with funds from the 1996 operating budget. Motion carried unanimously. Mayor Henderson reported that the five final candidates have been notified that they are finalists and that Council interviews will be held on Saturday, June 1st, 1996. He noted that one of the finalists has been offered a position in another city and asked if the Council wished to add another candidate. There was a consensus not to add another candidate. Mayor Henderson advised that Mr. Brimeyer will provide the Councilmembers with a full background report on the candidates at the May 28th meeting. He also asked if Councilmembers wished to have profile testing at a cost of$140.00 per candidate. Discussion ensued as to the purpose of profile testing. Cncl. DuBois moved that profile testing be utilized at a cost of$140.00 per candidate. Motion failed for lack or a second. Discussion ensued on whether the members of the search committee for the new City Administrator should be recognized for their hard work. Karen Marty explained that a resolution of appreciation would be appropriate. DuBois/Sweeney moved to direct staff to prepare a Resolution of Appreciation for the City Administrator Search Committee for the next meeting. Motion carried unanimously. Sweeney/Zom moved to appoint Michael Leek to the exempt Planner H position classification at Step 4 of the Non-Union 1996 Pay Plan ($39,487) with a step increase to $40,584 at the successful completion of the six month probationary period, effective June 10, 1996, contingent on the successful completion of a pre-employment physical. Motion carried unanimously. Barry Stock reported that only three full time employees have indicated a desire to work on July 5th, 1996, and requested direction from Council on whether or not to remain open for business. Discussion ensued. Zorn/Sweeney moved to remain open for business on July 5th with bare bones staff. Motion carried unanimously. Official Proceedings of the May 21, 1996 Shakopee City Council Page -7- Barry Stock reported that the committee comprised of the Acting City Administrator, Mark Huge, Mary Athmann and Cletus Link endorsed the selection of Boarman, Kruss, Pfister, Ruden & Associates, Inc. as architects for the fire station. The reasons for their endorsement included: reputation, experience, willingness to negotiate fees, and because they have a construction administrator included in the design services. Discussion ensued relating to qualifications. Link/Sweeney moved to authorize the appropriate City officials to retain the services and execute documents as needed for architectural services (for the fire station) to be provided by Boarman, Kruss, Pfister, Ruden, and Associates, Inc. Motion carried unanimously. Paul Bilotta reported that Laurent Builders has requested an extension of an additional 180 days to file the final plat for Stonebrooke 2nd Addition. Discussion ensued relating to the impact of an extension. Zorn/Link moved to grant the developer of Stonebrooke 2nd Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office. Motion carried unanimously. A break was taken from 9:47 P.M. to 9:58 P.M. Sweeney/Link offered Ordinance No. 451, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 10, Public Protection, Crimes And Offenses, By Adopting One New Section Relating To Indecent Conduct, and moved its adoption. Discussion ensued relating to posting the ordinance in the restrooms in the area and the necessity of the ordinance. Motion carried 4-1 with Cncl. Zorn opposed. Sweeney/DuBois offered Resolution No. 4443, A Resolution Of The City Of Shakopee, Minnesota, Declaring An Urban District In Order To Establish Speed Limits, and moved its adoption. Discussion ensued regarding urbanized districts and control of streets other than County and State highways with regard to speed limits. Motion carried unanimously. Official Proceedings of the May 21, 1996 Shakopee City Council Page -8- Sweeney/Link moved to direct the Acting City Administrator to send a copy of Resolution No. 4443 to the County Administrator, requesting consideration of lowering speed limits on County roads to match City streets, and that copies also be sent to the principals of the Junior and Senior High schools, Superintendent Ostlund, and Sheriff Nevin. Motion carried unanimously. Sweeney/Link moved to direct the Director of Public Works to transmit a copy of Resolution No. 4443 to the Commissioner of Public Safety, and wait at least 10 days thereafter prior to erecting or replacing any speed limit signs. Motion carried unanimously. Karen Marty requested that discussion on the cable franchise agreement amendment be tabled until the cable company has contacted the City. Link/Zorn moved to table discussion on Ordinance No. 453 (Amending the Cable Franchise Ordinance) until the cable company has contacted the City. Motion carried unanimously. Sweeney/Zorn moved to accept the resignation of Barry Stock, effective May 21, 1996, with regrets. Motion carried unanimously. Zorn/DuBois offered Resolution No. 4445, A Resolution Of The City Of Shakopee, Minnesota, Designating The Acting City Administrator, and moved its adoption. That the individuals in the following positions are authorized to fulfill the duties of the City Administrator when the City Administrator is unavailable: 1. Assistant City Administrator, 2. Community Development Director, 3. Finance Director, and 4. Public Works Director. Motion carried unanimously. Allan Hastings approached the podium and requested that staff review Chaska's development requirements relating to platting; and, to look at what Shakopee staff does in relation to the platting process. He said there seemed to be a lot of paper work for a simple 4-lot plat development that he was involved in. Paul Bilotta noted that the Subdivision Review Committee (SRC) would be the appropriate body to review this matter. Zorn/Link moved to pass Mr. Hastings request to look at Chaska's platting process onto the Subdivision Review Committee. Motion carried unanimously. Sweeney/Link moved to adjourn to Tuesday, May 28, 1996 at 4:00 P.M. Motion carried unanimously. The meeting was adjourned at 10:22 P.M. eoc Judith S. Cox, Cit Clerk Either TenEyck, Recording Secretary I TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director f RE: City Bill List DATE: May 30, 1996 Introduction and Background4.' Attached is a print out showing the division budget status for 1996 based on data entered as of 5/29/96 . 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 $7,423 .29 . Action Requested Move to approve the bills in the amount of $138, 513 . 64 . 4 K E _ t • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 05/30/96 • CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT NAME BUDGET ACTUAL DATE EXPENDED .YOR & COUNCIL 83,090 2,665 21,773 26 TY ADMINISTRATOR 215,490 10,945 74,973 35 TY CLERK 132,040 10,806 45,333 34 y,. NANCE 307,410 24,416 102,743 33 GAL COUNSEL 260,030 14,012 64,127 25 ANNING 457,930 25,347 102,667 22 NERAL GOVERNMENT BUILDINGS 132,510 8,815 48,771 37 .ICE 1,588,500 164,189 629,671 40 2E 418,670 28,717 135,035 32 SPECTION-BLDG-PLMBG-HTG 228,930 21,687 77,074 34 "3INEERING 407,760 36,306 133,754 33 REET MAINTENANCE 775,720 36,545 217,789 28 OP 116,650 8,857 36,843 32 2K MAINTENANCE 304,660 33,511 98,998 32 ALLOCATED 436,340 1,609 259,476 59 rOTAL GENERAL FUND 5,865,730 428,425 2,049,028 35 mass ANNING 463,400 37,449 149,736 32 TOTAL TRANSIT 463,400 37,449 149,736 32 • 4 a a a as a a a a a aaaaa a a a a a a a F F H HH H H H H H HHHHH H H H H H H H C4 w 0 COz o z w U H 0 H N WW H C1 O1 C>C1C1 M O N H O co CO N Nr- CO C1 N N N N N ri CO er O Vr r- > rJ N N 0 00 0 C1 00000 rl er 0 H 0 0 M Z 0 0 to mm N m Tr to C1 Ln UI U1 U1 Ln In C1 U1 Co in N l0 H 0 O O O O 01 C1 C1 O m 00000 O H O er 0 N CO 0 0 0 00 N N N 0 r1 00000 co er O m O U) N O 0 0 00 m m m O O HHHHH 0 0 0 O N O O -+ m N H dr dr CO co CO H et. 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Hri VT V1•M O t/)) 4/1•V? ei W V) M D» 0 W H Cl) W H H H H H H H H H a1 a1 a1 01 01 01 01 H El 0 0 0 0 0 0 0 0 0 N N N N N N N CD Kt \ \ \\ \ \\\ \ \ \ \ \ \ \\ W 0 1D 10 10 l0 l0 l0 l0 l0 l0 111 In U1 U1 to Ul to x O O O o O O O 0 O O O O O O 0 O U 10 l0 (.0 l0 l0 40 l0 10 10 10 14 l0 \0 \0 10 10 L) W 01 01 01 01 O1 a1 01 01 01 a1 a1 a1 a1 01 01 a1 W M 01 01 a%a1 a1 al a1 a1 a1 01 a1 01 01 a1 a1 a1 x V H ei H H H H H H H H H H H e-1 ei H V 0 O Z 01 0 H N M w U) l0 N a) 01 0 H 111 \0 \0 (.0 l0 43 l0 \0 1/40 l0 l0 N U OA 0A 0 A 0A 0 A OA 0A OA 0 n OA OA 0 A z V N M N M N M N M N M N* N M N45 N M N M C4 * N M ,�j (s) U1 v u1 v U1 V U) v U) V U1 V U) V U1 V U1 V U1 V U1 V 411 V O• " H Iu al ea 0. S w H d' Ul 0 0 U) 0) al H N Pl 0 0 V' )0 Ul N O O H N l- O Ul O) el N )O H O) a) 0 H 0 M N a0 )O Ul H in I') N 0) In 0 Ul W N N 10 00 Ul lO d' .4 a) I- H I`l N 0 e}' U) O) W N \O In Ul . . V} V} r) '.0 \0 10 N H H U) 10 H 0 OD Ul ('l V} V} V} V} V} V} f? V} H Pl N V} V} +? H in V} co w at at H U) N P. EE++ 1] E z a H ill Ca ENw + El 0 0 ['91 E );. Ew `"H a w z w H H H �Z �a EN O H z a g o Ef I-1 U 111 U in ul H ill A Ell w 7i 3 u� w F U U tq awc a m z �m a m > o m O 4L. �U E U En 0 H .-1 U H U 0:1 .-1 N04 w H w H w H H N a) m O 0 0 0 0 0 U 0 H H N (`l rel frl ej. M 'V Ul CD ep 0 H rl c)' d' w q' cr t� (r I-- N OD a H 4t 3t It it It 4t 3k It. 3t 3t it 4t 7t U jEEEEE TO: Council Members FROM: Vernice Takumi,Accountant SUBJ: Chart of Accounts DATE: May 23 , 1996 Attached is a numeric listing of program numbers - title on pages is "Organizational Key Listing" . Under the column "account number" you will see 3 groups of numbers, the first group represents the fund assigned to that program (refer to the last page on the bill list for a description of the funds) , the secound group represents the program number, and the last group represents the division code (a list of divisions is at the end of this memo) . The bill list has a column titled "account" . The first four numbers in this column are the program numbers described on the attached listing (secound group of numbers) . The second four numbers are the object code generally the column titled "description" will represent the description of the object code to which the expense is being posted unless a specific reference item has been inserted here. The following is a list of divisions: Division Description 00 N/A 11 Mayor & Council 12 City Administrator 13 City Clerk 15 Finance 16 Legal 17 Planning 18 Government Buildings 19 EDA 21 City Hall 31 Police 32 Fire 33 Building Inspections 41 Engineering 42 Street Maint. 44 Shop 46 Park Maint. 48 Refuse Collect. 71 Sanitary Sewer 73 Storm Drainage 75 Recreation 91 Unallocated H N 3 N pd tna 00 a a . a O ` b .r, 1.3/4 U o II a U In l P U Ch I O II ri O rl N 111 UP O rl N N M et. O rl N M U1 1p O ri M O H N er U1 UP N O ri N M er H N O H N M er G1 I O II Hr4CVC404 r4elplencece I. 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D» •• E N N N N N N N N Irl rn in el M M I.1 el Il Tr ri M V• Ul co cr Ul 1D 1- rI N Ul 01 O E 0 E 3. gawwawwwwwwwwwwwwwwNNNNN cowaoaDrnolam U N 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 Cil 01 01 0% 01 01 01 01 >4 E W bl 0 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 E rD ck .1 •D C) ori N M w un aD o1 O rt m w un 10 r co 01 0 0 o o o o 0 0 0 0 o O o o H O W N U N N N N N N N N M Irl I'1 M M el M M el Tr ri in d• Ul Co Tr Ul u! I` ri N Ul 01 U E CO cn 0 FC d' V• Tr Tr V• C Tr Tr Tr V' Tr.w w a a w a w r r r r r Co 0 o OD al on m m AMERICAN ��CANCER SOCIETY There's nothing mightier than the sword Minnesota Division,Inc. May 14, 1996 Shakopee Parks and Recreation Department Attention: Mark McQuillan,Director 129 South Holmes Street Shakopee, Minnesota 55379 Re: "A Walk in the Park" Dear Mr. McQuillan: We are in the planning stages of the 5th Annual American Cancer Society's "A Walk in the Park." The event will be held from Friday, July 9, 1996 at 6:00 p.m. until Saturday, July 20, 1996 at 8:00 a.m. We would like to request that we again be allowed to stay in Memorial Park after its normal closing time. You should be receiving a copy of the Certificate of Insurance naming the City of Shakopee as a Named Insured for July 9 and 20, 1996. If you do not,please contact me at 445-0877. Sincerely, i -C1,aY rvk. Peggy Adermann Chairperson Staff Recommendationo ACTION REQUESTED Approve request. Move to approve the request by the American Cancer Society to access Memorial Park after normal hours for the "Walk in the Park" event. 3316 West 66th Street, Minneapolis, MN 55435 (612)925-2772 • FAX (612)925-6333 • 1-800-ACS-2345 -7 SOUTHWEST METRO TRANSIT Phone 612.934.7928 RI 8080 Mitchell Road.Suite 104.Eden Prairie.MN 55344 FAX 612.949.8542 2 4 1996 May 22, 1996 Nichole Bennett Shakopee City Hall 129 South Holmes Street Shakopee, MN 55379 RE: STA Subcommittee Dear Nichole, At the STA meeting held on May 9th, the Board agreed to create a subcommittee charged with • reviewing the STA organization. As the appointed Chair of the task force, I would appreciate your cooperation in organizing the task force activities. You will recall that the motion passed defined that membership of that subcommittee to include representation as follows: three from MVTA ; two front SM'I'C; one each from Shakopee and Plymouth. Please take the action necessary to designate your representatives for the subcommittee by June 1, 1996. Then provide to John Kragness, SMTC staff, the following information so that we can make arrangements for the meetings : O Name of Representative(s) • Address, Phone, Fax number(s) • General idea of meeting date preferences (include any known schedule conflicts) • Preferences for locations and time of day Please find enclosed a draft agenda for the subcommittee's activities. It is anticipated that 2 or 3 meetings will be needed before finalizing a report to the STA. If you have any questions,please feel free to contact Diane Harberts at SMTC offices (934-7928) or me (day: 736-6734). Thanks and have a good day. • Regards, Bob Roepke, Co-Chair Suburban Transit Association Recommended Action: Make a motion to appoint to the Subcommittee of the Suburban Transit Association. A 1:r::Powers Agreement by and between the ci:ies of Chanhassen, Chaska,and Eden Prairie. r. STA SUBCOMMITTEE DRAFT AGENDA I. What outcomes do members expect/want from the STA? 1. What is success for STA? 2. How do we define success in transit? Of transit in our communitites? 3. What are the factors that determine and influence success? 4. What is the value of transit for our communitities? Based on the outcomes: II. Defining our Common Vision 1. Why are we here together? 2. How are we similar/different? 3. How can this collaboration be most effective? 4. What value should this organization bring to our transit systems; our communities; the region. III. Understanding Relationships,Roles, and Responsibilities 1. Members(Cities and Transit Agencies) 2. Staff 3. Consultants IV. Develop Implementation Plan Report STAFFORD ALUMNI ASSOCIATION A NON-PROFIT ORGANIZATION \../ • 1691 Shakopee Avenue East Shakopee, MN 55379 (612)445-4958 • To: Barry Stock From: Steve Morgan Barry, As in years past we are asking you to go before the cite council on our behalf Your assistance, and the councils, in prior years has been very helpful Well. it is that time of the year again. I am writing you to ask for your help, and the councils. once again We are having our annual "Recovery Rally" August 3rd 1996 at Shakopee Veterans Memorial park. It looks to bring another facet of entertainment to the Shakopee area Vs e expect Sober people from all around the metro to attend just as they have in years past We would like to get approval to start setting up our event on August 2nd at 5 PM , we have tents to put up, booths to assemble, PA's to test, dunk tank, bake sale and other things,just like last year. While I have your attention, I would like to get your input on an idea we've been kicking around. What do you think of somehow cross-promoting or connecting the two events,Derby Days and Recovery Rally, so that one event helps promote the other? I think it would be mutually beneficial to expose the town folks to a sober event as well as inject some new shopping dollars into Shakopee from our metro attendees. I remember back to the 70's when my family ran the concessions for the then Shako-valley days, complete with a rodeo and parade. Recovery Rally very much reminds me of those days when people would get together at the park, have a picnic, some games for the kids, watch the parade, socialize and have fun. Then amidst all this a trip downtown to take advantage of all the sales and merchants specials. Perhaps if we work together, we can return a little of that small town charm. If you need more information contact me personally at 445-4958 Than You! Steve organ,Pr ident ACTION REQUESTED: Move to approve the request by Stafford Alumni Association to access Memorial Park after normal hours for the "Recovery Rally" event. MEMO TO: Mayor Henderson and City Council FROM: Barry A. Stock, Acting City Administrator RE: Rose Mertz Resolution of Appreciation-Res. No. 4442 DATE: May 14, 1996 INTRODUCTION: Attached is Resolution No. 4442, a Resolution of Appreciation acknowledging the outstanding level of services provided by Ms. Rose Mertz during her employment with the City of Shakopee. BACKGROUND: Rose Mertz will be retiring effective June 7, 1996. Rose Mertz has been employed with the City of Shakopee since April 1, 1980. It would be appropriate at this time to acknowledge Ms. Mertz's outstanding performance during her employment with the City of Shakopee and wish her best regards in her retirement. ALTERNATIVES: 1. Offer Resolution No. 4442, a Resolution of Appreciation acknowledging Rose Mertz's employment with the City of Shakopee. 2. Do not offer Resolution No. 4442. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Resolution No. 4442, a Resolution of Appreciation acknowledging Rose Mertz employment with the City of Shakopee. RESOLUTION NO. 4442 A RESOLUTION OF APPRECIATION ACKNOWLEDGING ROSE MERTZ EMPLOYMENT WITH THE CITY OF SHAKOPEE WHEREAS, Rose Mertz has been employed with the City of Shakopee for the past 16 years; and WHEREAS, the level of custodial services provided by Ms. Mertz's during her employment with the City of Shakopee has been outstanding; and WHEREAS, Ms. Mertz diligently and faithfully performed her duties with the City of Shakopee; and WHEREAS, Rose's positive attitude and encouragement will be missed by all City employees. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL that the City of Shakopee hereby acknowledges and expresses its sincere appreciation to Rose Mertz for her years of dedicated service. Adopted in regular session of the City Council of the City of Shakopee, Minnesota this 4th day of June, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Walking Track-"Lift" DATE: May 29, 1996 INTRODUCTION: On May 21, 1996 Council directed staff to seek bids for the equipment associated with a lift at the Shakopee Community Center Project. Staff has researched the possibility of obtaining bids for this project and is prepared to make a recommendation to City Council. BACKGROUND: Consistent with Council direction, staff researched the possibility of obtaining bids for the equipment and installation of a lift at the Shakopee Community Center. I first contacted the architectural firm that was hired for the fire station project to determine if they could assist us in developing the appropriate bid specifications. The architect informed me that while they could perform the work, their cost would be significantly higher than the cost quoted by Greystone Construction. He also noted that given the small size of this project and its uniqueness; that in his opinion, if anyone bid the project, the bid would be much higher than the cost submitted by Greystone Construction. He also strongly encouraged that the City utilize contractors that are still being retained for the Community Center Project to perform any electrical and carpentry items. The architect suggested that if a general contractor is hired and electric work is needed, the warranty work performed by the original electrical contractor on the entire electrical contract maybe placed in jeopardy. Due to the complex nature of developing formal bid documents and the expense involved in hiring architectural design assistance, staff selected to seek out formal cost quotations for the lift equipment and installation as opposed to bids. City Administrative Policy specifies that purchases between $5,000 and $25,000 require two or more proposals and Council action. The following quotes were received: 1. All City Elevator- $15,484.00. 2. Access Industries - $20,387.00 The cost quotations do not include electric power work, telephone line and telephone, permits or miscellaneous items such as painting, touch-up and carpet removal and replacement. Staff would propose that change orders be pursued to existing contracts that are still open on the Shakopee Community Center Project to perform these minor work items. The cost quotation for the scope of work for the installation of the lift at the Community Center submitted by Greystone Construction several weeks ago was estimated at $20,867. Staff expects that once the elevator equipment is purchased and the appropriate change orders are made to existing contracts that the total project cost will be under $20,000. In order to put this project to rest, staff is recommending that the appropriate City officials be authorized to purchase the lift equipment from All City Elevator at a cost not to exceed $15,484.00. Other work incidental to the lift installation will be accomplished through change orders to existing contracts in place on the Shakopee Community Center Project. ALTERNATIVES: 1. Authorize the appropriate City officials to accept the cost quotation for the equipment and installation associated with a lift at the Shakopee Community Center Project at a cost not to exceed $15,484.00. 2. Do not accept either of the cost quotations at this time. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to accept the cost quotation for the equipment and installation associated with a lift at the Shakopee Community Center Project at a cost not to exceed $15,484.00. ' IC- MEMO TO: Barry Stock, Acting City Administrator FROM: Julie Baumann, Planner I RE: Request for Extension of the 12 onth Time Period for Approval of the Preliminary Plat for Maple Trails Estates DATE: June 4, 1996 INTRODUCTION The City has received a request from Harley Hohenstein and Laurent Builders, Inc. to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of an additional 12 months in which to final plat the remaining portion of this development. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. Attached as Exhibit A is a letter from Laurent Builders, Inc. BACKGROUND On July 21, 1992, the City Council approved the Preliminary Plat for Maple Trails Estates, and the Final Plat for the first addition was approved on September 15, 1992. City Code Section 12.03, Subd. 3.G states the following: "Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2. That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3. The Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period." In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Preliminary Plat itself. In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of a new Preliminary Plat for Maple Trails Estates by the City at this time. The applicant indicated, per a recent telephone conversation, that the extension of the Preliminary Plat is being requested because the lots in this project are currently not needed due to vacant lots remaining from earlier phases of development. This is a common occurance in the rural subdivisions, due to the county-wide oversupply of 2.5 acre plats. ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months, and move its approval. i:\commdev\cc\1996\cc0604\exmpftr.doc LAURENT BUILbERS, INC. 4459727 P. 01 t EXHIBIT A The Laurent Building LA U R E N T Corporate Office 128 South Fuller Street,Shakopee, MN 55379 BU I LDE R S,AI NC. (612)445-6745 , j r j May 21, 1996 Ms.Julie Baumen Planning Department City of Shakopee VIA FAX Dear Ms. Baumen: 1 On behalf of Harley Hohenste h,we hereby respectfully request the maximum time extension for the preliminary plat of Maple rails Estates. Thank you for your consideratilon. Sincerely, pi ft , ary L.Laurent President GLL;at c: Harley Hohenstein RECEIVED MAY 2 1_ 1996 BUILDERS• DEVELOPERS 8 L.#0001742 MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk -- SUBJECT: Temporary 3.2 Beer License - St. Mary's Church DATE: May 31, 1996 INTRODUCTION AND BACKGROUND: The St. Mary's Catholic Church has made application for a temporary on-sale non-intoxicating malt liquor (3.2 beer) license for their annual festival on June 23rd on the church grounds. They have obtained a temporary 3.2 beer license since they began their annual festivals some years ago. Their application and insurance requirements are in order. I have been in contact with the Chief of Police and have been advised that since this application is not an expansion of previous licenses and is consistent with past practice that he has no problem with the granting of a license. RECOMMENDED ACTION: Approve the application and grant a Temporary On-Sale Non- Intoxicating Malt Liquor License to St. Mary's Catholic Church, 535 South Lewis for June 23, 1996. JILl MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City ClerJ SUBJECT: Temporary Liquor License - St. Mark's Church DATE: May 31, 1996 INTRODUCTION AND BACKGROUND: The Church of St. Mark has made application for a temporary on-sale liquor license for their annual festival on July 27th and 28th on the school/church playground. In addition to 3.2 beer sales, they will also be selling wine coolers and therefore need a liquor license. They have obtained a temporary liquor license for the past four years. Prior to that time they obtained a temporary 3.2 beer license for a number of years. Their application and insurance are in order. I have been in contact with the Chief of Police and have been advised that since this application is not an expansion of previous licenses and is consistent with past practice that he has no problem with the granting of a license. RECOMMENDED ACTION: Approve the application and grant a Temporary On-Sale Liquor License to the Church of St. Mark, 350 South Atwood for July 28th and July 29th, 1996. TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Transit Levy DATE: May 30, 1996 Introduction The Legislature has changed the levy provisions for transit services in opt-out cities for pay 1997 taxes . Background Cities that have opted out of the metro transit system now have the option to have a local levy for transit instead of applying to the Metropolitan Council for reimbursement of transit costs . The city can levy up to 88% of what the Met Council would have levied. The advantages are that the city no longer would have to process the paper work for reimbursement requests and can keep for transit purposes any portion of the levy that is not spent in a given year. If the city takes the local levy option, any tax levy under the maximum limit would result in the Met Council levying the difference. In other words, if the city levies the maximum 88% of the total limit, Met Council levies 12% . If the city levies less, say 80%, the Met Council then levies 20% . The city needs to make the local levy decision and certify the option and amount of the levy to the state Department of Revenue by June 30th. The maximum city levy is $376, 572 . In the 1996 budget, the amount budgeted to be claimed from the Met Council is $395, 000 . The 1995 actual amount was $308, 124 . Alternatives 1 . Status Quo 2 . Exercise local levy option Recommendation Alternative number 2 with the maximum levy. This gives the city the most control and the most money. Reducing the levy will not save the city taxpayers anything and give the city less money. Action Requested Move to direct staff to certify to the Minnesota Department of Revenue that the City of Shakopee chooses to exercise the local levy option for transit services and that the levy amount for pay 1997 is the maximum $376, 572 as determined by the Department of Revenue. i :\finance\budget\departme\tranmemo 11 TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Performance Aid DATE: May 29, 1996 Introduction The Legislature has passed a new intergovernmental aid for which the city could apply. Background The state implemented a new aid for cities and counties starting in 1997 . The new aid is funded partly by reductions in existing aids . Shakopee could qualify for about $14, 000 in the new aid package. The new aid is called Local Performance Aid. To qualify for 1997, the city has to submit an application signed by the Mayor and a Councilmember which states that the city is developing a performance system. It appears that the goal of the new aid system is to eventually have performance criteria to measure the efficiency of delivering city services . Department heads have been requested to turn in information showing what services are currently being measured as a starting point . The state has given no guidance on how to proceed or what type of system is desired. It will probably take several years to gradually define and develop the end system. Alternatives 1. Do not participate in the performance aid program. 2 . Participate in the performance aid program. Recommendation Alternative number 2 . At the current funding level, the city should not spend too much time developing a detailed system of measuring performance do to the cost (unless council wants to proceed with the project anyway) . As time goes on however, the state may make the dollar amounts larger and worth the effort to develop a more detailed system. Action Requested Move to authorize the Mayor and a Councilmember to execute the application to participate in the Local Performance Aid system from the State of Minnesota and direct staff to proceed with developing a system of reporting performance measures. MINNESOTA Department of Revenue Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340 Phone(612)296-5141 Fax(612)297-2166 April 22, 1996 TO: ALL CITY CLERKS,ADMINISTRATORS, MANAGERS,AND FINANCE DIRECTORS RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1997 Laws 1996, Chapter 471, Article 3, Section 48 provides for a new state aid for all qualifying counties and cities beginning in calendar year 1997. This new aid is called Local Performance Aid (LPA). In order to qualify for this new aid, your city must have a system of performance measures for services provided by the city, and must regularly compile and present these measures to the city council at least once per year. If there is currently no system of performance measures in place, your city may still qualify for this aid if it is in the process of developing and implementing a system of performance measures. However, eligibility based upon being in the process of development may not be used for more than two consecutive years. For the purpose of the enclosed certification form, "in the process" may include having the subject of performance measures on the agenda of the city council. The city should then use the time period between this year's certification and next year's certification to develop basic measures such as"workload,"unless it has already moved beyond this stage. The second year of"in the process"must be used to move to a higher level of performance measurement, such as measuring efficiency and effectiveness. All cities should be able to qualify to receive LPA in the first year of the aid program. This new aid will be determined as follows for calendar year 1997: The total amount of aid available for cities is $441,735 plus$1 times the most recent population of each qualifying city. A per capita aid amount is then determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city would then receive an aid amount based on its population times the per capita aid amount. It should be noted that the $441,735 is appropriated from the general fund, and the additional amount($1 times the most recent population of each city) is a permanent reduction in each city's homestead and agricultural credit aid (HACA). The HACA reduction applies whether or not the city is eligible to receive LPA. Distribution of this new aid will be based on yearly certifications for each qualifying city. Cities will be required to submit an annual certification in order to receive LPA payable in calendar year 1997 and subsequent years. LPA will be paid in two equal installments on July 20 and December 26 of each year, beginning in 1997. Qualifying cities will receive a certification of their 1997 LPA by July 31, 1996. (continued) An equal opportunity employer TDD: (612)215-0069 Page 2 As mentioned above, your city may qualify for LPA by (1) having a system of performance measures in place, or(2) by being in the process of developing and implementing a system of performance measures. If your city qualifies for LPA by either criteria, and your city wishes to participate in the distribution of this aid for calendar year 1997, your city must fill out the enclosed certification and return it to our office by June 30, 1996. Please note: if our office does not receive a certification from your city by June 30, 1996,your city will not be eligible to receive this aid in calendar year 1997. If you have any questions regarding the completion of this form, please feel free to call me at (612) 296-5141. Sincerely, V LarryL. Bewley Research Analysis Specialist Property Tax Division Enclosure a O . 0 N T c V iq L `, O O O Z Z >4 O w .c a. a`) o a ael O of m C a) i0 tel U) fn 0 2 W W e- O >- >- C! m r) C d Cl) C i = >. • 1%. a . u La CD C N 3 G C M > • C c c el d• 0 c 0 V c 7 _ • c - d a) L p g n +. co m w m 2 "C C• O O .O .. C) a.CO C C ''c •v > m O v 0 .o y 0 o. oZ 0 , 3 0 � E .c T .� c x 2 O N C d c U ✓ y �'> al 0 o O m c m J C o u)Zs O O a o,N O a a o o cea t • V > a) C w C � t�, V O ccoo N �' G eso m L Q. V1 d d y▪., C O O N RIas) +�' O L c = 3 O 0. >. 0 C U O y y O as CD A c >• N d i '0 o) C =t v� C G d, �.i C E •a E C co C 3 p co i C) df O 3 O c U C co e a) a° mi U y co m cv C m Q .L.r ` .0 p m O > 0 *I 3 C VI G d y CO a m a a y 0 O E t0 C A y C 0 CO a) g Cm o 0 ° 'o a) cc) a) y m m ra v_ 8 t9 m y L O c0 W m 1r t `o V a .' N 0 m CD CT co a `E usm C c) '" ZI Q O 0, a- w L N c E ° e N O d 0 c 0 y co c 0 C d a m m E E v, co a) a) aa) - - .. c co O c 0 c c w a C = r.. v c 0 m o, )y. N 0 co o = _ i— a) Z is E e• N z MEMO TO: Barry Stock, Acting City Administrator ilk. FROM: Bruce Loney,Public Works Director SUBJECT: McKenna Road Construction in City of Shakopee Corporate Limits DATE: May 29, 1996 MEETING DATE: June 4, 1996 INTRODUCTION: Shakopee Mdewakanton Sioux Community (SMSC) is requesting approval from the City of Shakopee to construct McKenna Road from its current gravel surface condition to a paved surface local road, the unpaved portion that lies in the Corporate Limits of the City of Shakopee. Attached to this memo is a draft letter from Stanley Crooks, Tribal Chair, to Mayor Jeff Henderson in regard to consideration of this improvement project by the City of Shakopee. BACKGROUND: In February of 1993, the City Council ordered a feasibility report prepared for the paving of McKenna Road. This project was initiated by the SMSC in conjunction with their purchase of 80 acres in the City of Shakopee for a proposed community center. A public hearing was held for this project and the SMSC withdrew their offer at that time; thus the project did not move forward. Reconstructing McKenna Road to a paved surface roadway is being considered again by the SMSC. The Tribal Council did meet on May 14, 1996, and did approve a resolution authorizing the paving of the unpaved portion of McKenna Road within the City of Shakopee Corporate Limits. Staff has met with Tribal Administrator, Bill Rudnicki with the SMSC, on the requirements to meet the City of Shakopee's Standards for rural local roads in the City of Shakopee. Staff is requiring that the SMSC pay 100% of the project costs to reconstruct the road to a rural bituminous 7-ton design and to a rural local street width design. This would include regrading of the existing road bed, aggregate base, resurfacing, restoration of the ditch areas and dedication of necessary right-of-way in order to construct the project. Staff also has indicated that an agreement between the City and the SMSC is needed to cover the responsibilities of both parties. Attached also to this memo, is additional correspondence from Tribal Administrator, Bill Rudnicki, on the subject of paving McKenna Road. The SMSC has indicated a desire to have this roadway constructed yet this year. In order to meet this schedule, the project will need to be designed by a City consultant. At this time, Council approval is needed on whether or not to allow this road improvement project to be constructed and paid for by the SMSC. Although this would be a public improvement project, the City does not need to assess the project since the project is paid for by SMSC funds. McKenna Road is on the City's Municipal State Aid Street System and connects with McKenna Road in the City of Prior Lake. McKenna Road, in the City of Prior Lake, is designated a 5-ton design. For State Aid roadways, a 9-ton street design is usually constructed, however, this requirement is only when State Aid funds are expended on the road construction. The City of Shakopee local street roadway design is for a 7-ton design minimum. At this time, staff would propose to construct the road at 100% SMSC funding, to a 7-ton local design and at a width to meet State Aid street width design standards. In the future, a bituminous overlay could be done to upgrade the road from a 7-ton design to a 9-ton design, to meet State Aid Design Standards, and increased traffic in the future. Staff will make a presentation of the proposal from the SMSC and City impacts to this proposal. ALTERNATIVES: 1. Direct staff to enter into an agreement with SMSC and the City for the construction of McKenna Road, from County Road 16 to the South Corporate Limits in the City of Shakopee. 2. Do not direct staff to move forward on this project. 3. Table for additional information. RECOMMENDATION: Staff has no recommendation on this particular item. This is a policy decision for the City Council as to whether or not to enter into an agreement with the SMSC for the paving of McKenna Road. Bituminous paving would reduce the maintenance time spent on maintaining a gravel road by the City's Public Works Department. ACTION REQUESTED: Move to direct staff to enter into an agreement with Shakopee Mdewakanton Sioux Community and the City for the construction of McKenna Road, from County Road 16 to the South Corporate Limits in the City of Shakopee. BL/pmp MCKENNA May. 31. 1996 7: 54AM SMSC No. 9581 P. 2/3 N a kop ee Mdewakanton OFFICERS "(", Stanley R.Crooks - \7 nl i v mn y►�mi i I 1Chairmen _ = _— 11- = - - - _ Glynn A.Crooks f] v VtC@ Ch,,,tman Vis= .; -_ - .. - ".y7.24J.3[._if+}'x aro ae_sre —. •nv..v...v ... ...�-- —__._ J TRIBAL OFFICE=612.445-8900 • FAX:612+445.8906 Secretary/Treasurer i May 30, 1996 The Honorable Mayor Jeff Henderson City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RE: Paving McKenna Road in the Shakopee corporate Limits Dear Mayor Henderson: The Shakopee Mdewakanton Sioux(Dakota)Community, on May 14, 1996, approved the authorization to pave the unpaved portion of McKenna Road,which lies in the corporate limits of Shakopee. The General Council, our governing body,has provided to the Business Council a General Council Resolution authorizing expenditure of funds to pave the McKenna Road site. The General Council authorized the Business Council to take all other action necessary to pave the unpaved portion of McKenna Road,which is generally described as a portion of city street known as McKenna Road beginning at the center line of section 15 and 22,Township 115 North,range 22 West, a distance of approximately 4,950 feet outlying the City of Shakopee, County of Scott, State of Minnesota. The General Council authorization to the Business Council includes authority to execute a construction contract and an inter-governmental agreement with the City of Shakopee. The Business Council would like to have this issue brought to the City Council for a vote on June 4, 1996. The Business Council would also like to recommend that William R. Engelhardt Associates be the consulting engineer if the City considers con r ct5 out the engineer ori, This particular consultant is currently the design and cod structivii engineer overseeing a construction of a Community subdivision adjacent to McKenna Road and we believe that Engelhardt will be able to complctc -k T ac process ss in timely,efficient and cost effective manner. May. 31. 1996 7: 55AM SMSC No. 9581 P. 3/3 Mayor Jeff Henderson May 30, 1996 Page 2 If you have any questions, feel free to contact me. Sincerely, Stanley R. Crooks,Tribal Chairman CC: Bill Rudnicki,Tribal Administrator Acting City Administrator, Barry Stock City Engineer,Bruce Loney Business Council May. 29. 1996 9: 31AM SMSC Na. 9511 P. 6/6 COPY April 24, 1996 MEMO TO: WILLIE HARDACKER COPY TO: TRIBAL BUSINESS COUNCIL FROM: BILL RUDNICKI SUBJECT: MCKENNA ROAD AGREEMENT BETWEEN THE CITY& COMMUNITY I. 1 have asked for a copy of a standard agreement from the City. 2. I believe it would be in the best interest of the Community to have a draft at the May 14 General Council meeting. 3. Enclosed is a proposed flow chart of the project. 4_ The agreement shall have the following requirement provisions: a). Community pays for all road construction cost for a 7 ton 30' wide (bituminous surface)road. b). Community shall be required to also pay for the design, inspection and construction testing. c). Community shall provide all necessary land easements. d). The City shall maintain the roadway. e). The City shall be responsible for the preparation of the roadway design, inspection, obtaining all necessary easements, preparation of construction and legal documents with regard to the contractor. f). The City shall be responsible for overlaying the roadway to a 9 ton design 36' wide(bituminous surface). • May. 29. 1996 9:30AM SMSC No. 9511 P. 616 MCKENNA ROAD PROJECT MAY 14 VOTE BY GENERAL COUNCIL THE DATES LISTED ON THE CHART ARE TENTATIVE MAY 16 LETTER SENT TO CITY STAFF AND ARE TO BE FROM COMMUNITY USED FOR PLANNING PURPOSES ONLY MAY 18 CITY STAFF PRESENTS TO CITY COUNCIL CITY MAY 21 COUNCIL VOTES ON PROJECT CITY&COMMUNITY STAFF DEVELOPS A JUNE 14 PROJECT AGREEMENT JUNE 25 AGREEMENT ACCEPTED BY CITY AND COMMUNITY JUNE 27 PLANS AND SPECS.ORDERED AND PREPARED AUGUST 23 PROJECT BID OUT TO CONTRACTORS I AUGUST 27 PROJECT AWARDED TO CONTRACTOR T NOVEMBER 26 PROJECT CONSTRUCTED ay. 29. 199610 9:3 41 ISC . , . ,$,.e,— --7_No. 9511MP. 4/6n— :` I PRELIMINARY COST ESTIMATE MCKENNA ROAD This estimate was prepared by the City of Shakopee in 1993 , and is part of their feasibility report on the improvement of Mckenna Road. I ROADWAY ITEM CONTRACT UNIT 1 NO. ITEM UNIT QUANTITY PRICE TOTAL • I 1 Common Excavation C.Y. 13000 $2.00 $26,000.00 • 2 Subgrade Excavation C.Y. 500 - $2.00 $1,000.00 3 Class 5 Aggregate (9") TONS 9300 $6.25 $58,125.00 4 Class 2 Shouldering(4") TONS 1400 $6.50 $9,100.00 5 2° 2331 Base TONS 1720 $20.00 $34,400.00 6 2" 2341 Wear TONS 1720 $22.00 $37,840.00 I7 Seeding ACRE 4 $800.00 $3,200.00 L8 24" RCP With Apron L.S. 1 $2,500.00 $2,500.00 IEstimated Roadway Cost $172,165.00 Plus 10% Contingency $17,216.50 Subtotal $189,381.50 IPlus 25% Engr./Admin. $47,345.38 1 TOTAL EST. ROADWAY COSTS $236,726.88 I 1 2 PlilgtaT 29. 1996 9: 30AM SMSC ... :�.. �_ ,w4 __-,"m-:.':------- ------ o. 9511P. 2/6-'"":- i ::: ITfIii • _-- -- --�ti_- , 1 -3:---- r TiI , .., .:j,......, ---------------- p • (:) Jlir qpio L 0 (-- A, 0 DEAN 1 \......_....\ '"" LAKE I MI NTEc2TO IL ,.., DR. .......„ ,......, I ........ -,........., 17-915005-0 �`` ibJFT I S 27 ,15001-1 - �`�_ 19EQ�i � 27-915003-0 4r g e� I (S MSc) (Smsc) 2 T` V I27-922004-0 121 SMSC) 1 I 27 922003-0 aTr W on u.n a 7tH M -- - ISHAKGPM MDWEDAICTON SOUIX C011►WHtTY I 1320Ff , 13207I , 22 /74L‘t � r TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Capital Improvement Plan 1997 - 2001 DATE: May 30, 1996 Introduction Attached is the Capital Improvement Plan (CIP) for 1997 - 2001 for the Council's review. Background Annually, the city prepares an updated 5 year CIP as part of the budget cycle. The CIP is a listing of "bricks and mortar" projects and funding sources for the next five years . The role of the Planning Commission in the CIP process is to review the listed projects to see if they conform to the Comprehensive Plan. Planning Commission did add a project to the list from what staff had developed. The Commission added pedestrian bridges over the upper valley drainage ditch. The CIP then moves forward to Council for discussion of if and when to do the project and the financial impact involved. Projects listed for 1997 will be incorporated in the 1997 Budget in the appropriate fund and Engineering will take this as direction to begin preliminary work on those projects . Projects listed for future years are less certain and subject to change as the time grows closer for each project . One change in the attached CIP from previous years is the grouping of all park and trail projects together in one place and one fund. The Park Reserve Fund then shows the level of capital expenditures for recreation and the need for additional revenue sources over and above the park dedication fee . In the attached pages, the list of projects by type is the green pages, the same information sorted by funding source is the pink pages . 1 Action Requested Council is requested to review the attached CIP list of projects and the projected status of the funding sources and give staff direction for preparing a final CIP list. a 1997-2001 CAPITAL IMPROVEMENT PROGRAM PROGRAM SUMMARY Capital improvements are defined as those projects which require the expenditure of public funds for the acquisition, construction or replacement of the infrastructure necessary for a community. Typical capital improvement projects include streets and highways; water and sewer facilities; parks, trails and open space, and various types of public buildings. A capital improvement program is a listing of proposed public projects according to a schedule of priorities over a five year period. Developing a capital improvement program provides many significant benefits such as: o An effective way to plan, budget, and coordinate the operation and capital efforts of city departments. o A coherent development program that will increase opportunities to obtain funding from outside sources such as the state and federal government. o Public support for capital commitments that should help attract private investment. o Improved chances to receive favorable bond ratings by giving evidence of effective management. A capital improvement plan is a list of the projects scheduled for the upcoming fiscal year and subsequent four years. Projects which are scheduled in the first year of the 5-year capital improvement plan are included in the annual budget in the appropriate funds such as the Capital Improvement Fund, various capital projects funds and the enterprise funds. The Shakopee City Council annually adopts a 5-year Capital Improvement Plan (CIP). The CIP is prepared by City staff. It is then reviewed by the Planning Commission for conformance with the goals in the Comprehensive Plan. Then it is submitted to the City Council for approval. The 5-year program is utilized by staff for long range planning and budgeting purposes and programming projects. Proposed capital improvement projects in the 5-year CIP have been prioritized by Departments Heads in this document. The projects have been organized into one of the following six project categories: A. Streets and Highway Projects B. Sidewalk and Trail Projects C. Sanitary Sewer Projects D. Stormwater Drainage Projects E. Parks Projects F. Municipal Building Projects 1997-2001 CAPITAL IMPROVEMENT PROGRAM FINANCIAL SUMMARY The City of Shakopee will be faced with financing various capital improvement projects, both large and small, during the foreseeable future. To assist in planning the projects, consideration must be given to the financial resources available. It is obvious that just as the projects are various types, such as public buildings, utility projects and park improvement projects, there are a number of ways to finance the projects. All sources are not necessarily desirable or available in each case; but the most common sources of funding and those identified in the preparation of this capital improvements program are as follows: 1. General Fund The General Fund is used to account for revenues and expenditures necessary to carry out the basic functions of City government. These basic functions include police and fire protection, planning, administration, etc. Appropriations are made from this fund annually. 2. Special Revenue Fund Special Revenue Funds are used to account for the proceeds of specific revenue sources designated to finance particular activities as required by law or administrative regulation. Established in 1984, the Transit Fund accounts for the operations of the van pool and dial-a-ride services provided by the City after opting out of the Metropolitan Transit Commission's service. Economic Development Authority Fund is the general operating fund and accounts for the activities of that body. 3. Debt Service Fund These funds are maintained to account for the accumulation and disbursement of money needed for interest and debt redemption requirements of the general obligation bond issues. Primary revenues sources are property tax, special assessments and tax increments. Provisions are made within the City's general property tax levy to provide sufficient money to meet these requirements. Debt Service Funds are not available for any other use until the related bonds are paid off or fully funded. 4. Capital Project Funds Capital Project Funds are established to account for the construction of major capital facilities. Projects resources are a combination of several revenue sources such as bond proceeds, interfund transfers, intergovernmental revenue, grants, etc. These funds If provide the means for administrators to ensure that designated revenues are appropriately utilized. Additional funds can come from other governmental agencies such as the Metropolitan Council, Scott County, the State of Minnesota, and the federal government in the form of grants or loans. Donations from local civic groups have provided a significant amount of park improvements in the City. Several organizations have annual programs in which they wish to help improve the community's facilities. Park land dedication is another significant source in this funding category. 5. Enterprise Funds The Enterprise Funds are maintained to account for the operation of the electric, water, sanitary sewer, storm drainage and refuse collection systems and recreational activities (except for park maintenance). Since the operation of these systems is primarily financed by user charges and are self-supporting, they are accounted for in a manner similar to private business. Following is a projection of financial resources available from on-going funds including the Park Reserve, Capital Improvement, annual improvement (primarily special assessment projects), Sanitary Sewer, Storm Drainage Funds and future state aid and tax increment. Next is a projection of the debt service tax levy needed to support the projects listed in the CIP with prior years history. Following that is a listing of the projects by project type with more detailed information on costs. 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C CO A m 0) O 01 0 0 G a1 a1 a 01 0 0 0 $ p a1 Ol a1 0, 00Q Yo N 01 01 Dr N 0 0 0 b LL o 01 O) O) 01 0 0 I,. 0 ^ ^ �• 0 N N N N U .0 F m 0 15t p. U N m A m O) O = N m A m 01 .•O 0 47/00, 000 01 01 01 W S UO. J 0, 00, 0a)00 0)0 o) a) 01 ofa100 )zc EXPLANATION TO ORDINANCE 454 ORIGINATING DEPARTMENT: Law Department PURPOSE: To revise the Pawnbroker ordinance to match changes in state law. REMARKS: This year the legislature adopted Minn. Stat . Sec. 325J. 01, et seq. , the Pawnbroker Regulation Act . It provides fairly strict regulation of pawnbrokers. Shakopee currently has a good ordinance regulating pawnbrokers, and fortunately the new law allows a City to adopt local ordinances, so long as the local ordinance is as strict or stricter than the state law. A review of our ordinance revealed a few inconsistencies where the City may benefit from changing our language to match the new state law. These include the definition of "pawnbroker" , and a lengthening of the holding period from 30 days to 60 days before pawned goods can be sold. A few other minor changes were added to clarify the ordinance language (such as specifying the age of a "minor" ) . ALTERNATIVES: 1 . Adopt Ordinance No. 454, amending our pawnbroker ordinance. 2 . Do not adopt Ordinance No. 454 . ACTION REQUESTED: Move to adopt Ordinance No. 454, an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, by repealing Sec. 6 .28, Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, and adopting one new Section in lieu thereof . Submitted by: ity Attorneyi C/ [2 8MEMO) ORDINANCE NO. 454, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, BY REPEALING SEC. 6 . 28, PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, is hereby amended by repealing Sec. 6 . 28, Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, and adopting one new Section in lieu thereof, which shall read as follows : SEC. 6 .28 . PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS. Subd. 1. Purpose. The City Council finds that pawnbrokers, precious metal dealers, and secondhand dealers can provide an opportunity for the commission and concealment of crimes, because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, precious metal dealers, and secondhand dealers . The purpose of this Section therefore is to prevent pawnbroking, precious metal, and secondhand businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City. Subd. 2 . Definitions . As used in this Section, the following words and terms shall have the meanings stated: A. "Item Containing Precious Metal" means an item made in whole or in part of metal and containing more than one percent by weight of silver, gold, or platinum. B. "Pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of tangible personal property actually delivered into the person' s possession or in the business of purchasing tangible personal property to be left with the person on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time who loan3 moncy on dcpo3it or plcdgc of per3oaal property; who deals in the purcha3ing of thing back again at a 3tipulatcd pricc; or who loan3 moncy 3ccurcd by chattcl mortgagc or per3onal property, taking po33ca3ion of the property or any part thcrcof . No bank, savings and loan association, or credit union shall be deemed a pawnbroker for purposes of this Section. C. "Pawnshop" means any business establishment operated by a pawnbroker. D. "Precious Metal Dealer" means any person engaging in the business of buying coins or secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects, as specified in Minn. Stat . Sec. 325F. 731 . Persons conducting the following transactions shall not be deemed to be Precious Metal Dealers : 1. Transactions at occasional garage sales, rummage sales, estate sales, or farm auctions, except that precious metal dealers must comply with the requirements of Minnesota Statutes, Sections 325F. 734 to 325F.742, for these transactions. 2 . Transactions regulated by Minnesota Statutes, Section 80A. 3 . Transactions regulated by the Federal Commodity Futures Commission Act . 4 . Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof . 5 . Transactions involving the purchase of photographic film, such as lithographic and X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing. 6 . Transactions involving coins, bullion, or ingots . 7 . Transactions in which the secondhand item containing precious metal is exchanged for. a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction which is not exempted by this section must comply with the requirements of Minnesota Statutes, Sections 325F. 734 to 325F. 742 . 2 8 . Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, Section 325F. 733 , or if the seller' s business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes, Section 325F. 733 . 9 . Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2 , 500 for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months . " E. "Precious Metals" means silver, gold, and platinum. F. "Secondhand Dealer" means a person engaged in the business of buying previously used, rented, owned, or leased goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns, and wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled. Persons conducting the following transactions shall not be deemed to be Secondhand Dealers: 1. Transactions where all the following are present : a. The sale is held on property occupied as a dwelling by the seller, or owned, rented, or leased by a charitable organization; b. The items offered for sale are owned by the occupant; c. No sale exceeds a period of 72 consecutive hours; d. No more than four sales are held in any 12- month period; and e. None of the items offered for sale was purchased for resale or received on consignment for the purpose of resale . 2 . Sales of goods at an auction held by an auctioneer. 3 3 . Transactions involving goods taken as partial or full payment for new goods, where such business is incidental to and not the primary business of the person. 4 . Transactions by a business specializing in the sale of antiques and other goods more than 20 years old, where any other transactions are incidental to the antique business . 5. The sale and exchange of used books, where the business gives only credit and not cash for used books it acquires from customers . 6 . Purchases and sales of military goods, where all purchases are directly from offices of the United States government or military surplus wholesalers . Military clothing also may be purchased from current and former military personnel . 7 . Bulk sales of property from a merchant, manufacturer or wholesaler having an established place of business, or goods sold at open sale from bankrupt stock. 8 . Sale of goods at an exhibition, providing the exhibition does not last longer than ten days in any 12-month period. 9 . Sales of automobiles by a licensed automobile dealer. 10 . Sales made by the sheriff or other public officials in the discharge of their official duties . 11. Sales made by assignees or receivers appointed by the State or a court to make sales for the benefit of creditors . 12 . Sales by a charitable organization of donated items . Subd. 3 . License Required. No person shall operate as a pawnbroker, precious metal dealer, or secondhand dealer, operate a pawnshop, or work in the pawnbroker' s, precious metal dealer' s or secondhand dealer' s business without a license therefor from the City. Subd. 4 . Application. All applications for a license shall comply with the requirements of City Code Sec . 6 . 02, and also contain the following information: 4 A. Whether the applicant holds a current pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit; B. Whether the applicant is licensed under either Minnesota Statutes, Section 471 . 924, or Minnesota Statutes, Sections 325F. 731-325F. 744 ; and C. Whether the applicant has previously been denied a pawnbroker, precious metal dealer, or secondhand goods dealer license from any governmental unit . Subd. 5 . Licensing Requirements. A. Liquor License. No license shall be issued to an applicant who holds a liquor license under Section 5 .30 of the City Code. B. Gambling. No license shall be issued to an applicant who keeps, possesses, or operates, or permits the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punch-boards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Sections 349 . 11-349 . 60, may be kept or operated, and no raffles may be conducted on the licensed premises and/or adjoining rooms . The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Section 349 . 01-349 . 15 . C. Minors. No license shall be issued to an applicant who is a minor at the time the application is filed. D. Delinquent Taxes. No license shall be issued for an operation on any property on which taxes, assessments, or other financial claims of any governmental entity are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statues, Sections 278 . 01-278 . 03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due . Subd. 6 . Restrictions and Regulations. A. Hours of Operation. Hours of operation shall be limited to between 7 : 00 a.m. and 10 : 00 p.m. 5 B. Inspection. The licensee shall, at all times, allow the Police Department to enter any portion of the building or property where the licensee' s business is located or where goods are stored, for the purpose of inspecting building or property, for inspecting the items therein- for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of, and for the purpose of checking for violations of this Section. C. Minors. No licensee shall purchase or receive personal property of any nature on deposit or pledge from any person under the age of 18 years minor. D. Incompetents. No licensee shall purchase or receive personal property of any kind from a person who is or appears to be of unsound mind, incompetent, or under the influence of alcohol or drugs . E. Prohibited Items. No licensee shall accept any item of property which contains an altered or obliterated serial number, nor any item of property whose serial number has been removed. F. Licensed Vehicles. No licensee shall accept any vehicle licensed or subject to licensing by the State of Minnesota, unless the vehicle is licensed and operable . The licensee must be shown the title, and the pledger or seller must be named as owner on that title. The title must be clearly visible on the videotape required in this Section. G. Checks. All purchases and pawns by a licensee over $60 . 00 shall be made by check. No licensee shall purchase or pawn items for more than $60 . 00 with cash. H. Interest. The rate or interest charged on pawned items shall be posted in a clearly visible location in the licensee' s building. Subd. 7 . Identification of Seller or Pledger. The safety of the public is compromised when stolen property is easily pawned or sold to pawnbrokers, precious metal dealers, or secondhand dealers . Due to the nature of the business of pawnbrokers, precious metal dealers, and secondhand dealers, and the attraction pawnshops, precious metal businesses, and secondhand businesses have to the criminally disposed, special regulation of the transactions is necessary. 6 A. A licensee shall not accept items of property unless the seller or pledger provides to the licensee one of the following forms of identification. No other form of identification shall be accepted. 1. A valid Minnesota driver' s license; 2 . A Minnesota Identification Card issued by the Department of Public Safety; or 3 . A photo identification issued by the state of residency of the person from whom the item was received. B. A pawnbroker or secondhand goods dealer shall run a videotape during all hours of operation. Tapes shall be retained a minimum of 30 days . The quality of the videotape shall be sufficient to clearly identify the seller or pledger, and to clearly identify the goods involved in the transaction. Each tape shall automatically record the date and time of each transaction. Videotape recordings shall be provided to the Police Department upon request . Subd. 8 . Record Keeping. A. At the time of a receipt of any item of property, whether sold or pawned, the licensee shall immediately and legibly record the information described below. The record shall be in the English language, and kept on computer disc. The computer records shall be on disk in a format compatible with WordPerfect or ASCII, or else the licensee shall provide the Police Department with a copy of the software at the licensee' s expense. The form of the data shall be approved by the Police Department . Each record shall contain the following information: 1 . An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; 2 . The date and time the item of property was received by the pawnbroker, precious metal dealer, or secondhand dealer; 7 3 . The name, home address, home telephone number, work telephone number, race, sex, height, weight, hair color, eye color, and date of birth of the person from whom the item of property was received; 4 . The type of identification produced by the seller or pledger, and its number; and 5 . Other information reasonably required by the Police Department . B. The licensee shall make these records available during regular business hours and at any other reasonable times for inspection by the City. These records shall be retained by the licensee for at least four (4) years . C. For the following items whether sold or pawned, the licensee shall complete forms approved by the City and send the forms weekly to the Police Department : 1. Any item with a serial number, identification number, or "Operation Identification" number; 2 . Cameras; 3 . Electronic audio or video equipment; 4 . Precious jewelry, gemstones, diamonds, and metals; 5 . Artist-signed or artist-attributed works of art; 6 . Guns; 7 . Any item not included in (1) - (6) above, except furniture and kitchen or laundry appliances, which the licensee intends to sell for more than two hundred dollars ($200) . D. The weekly report forms submitted to the Police Department shall contain the following information: 1. All information listed in paragraph A above; and 2 . Whether the item was purchased or pawned. 8 l Subd. 9 . Holding Period. A. Whenever the Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises for a period of 60 days, or until authorized to be released by the Police Department, whichever comes first . B. The Police Department may remove items believed to be stolen from the licensee' s business and hold them in the Police Department property room until it is determined whether they are stolen or not . Under Minn. Stat . Sec . 609 . 523, the Police Department may return stolen property to the owner, with no recompense to the licensee . Upon criminal conviction, restitution may be sought for losses experienced by a licensee . Each licensee is responsible for establishing procedures to avoid receiving stolen property. C. Any item sold or pawned to a licensee, for which a weekly report to the police is required under Subd. 8 .0 above, shall not be sold or otherwise transferred for sixty (60) thirty (30) days after the date of the sale or pawn. D. Each pledger shall be given a deadline for redeeming pawned property, after which date the licensee may sell the item. This date shall be a day on which the licensee is open for regular business . Subd. 10 . Receipt. A. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall include the following information: 1. The name, address, and phone number of the licensee' s business . 2 . The date on which the item was received by the licensee. 3 . A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold. 4 . The signature of the licensee and seller or pledger. 9 5 . The deadline by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount of money necessary to redeem the pawned item on that date . 6 . The amount of interest charged on pawned items . 7 . The name and address of the seller or pledger. B. The licensee shall provide a receipt to any purchaser of any item of property for which more than $20 is paid, which shall include the following information: 1. The name, address, and phone number of the licensee' s business . 2 . The date on which the item was sold to the purchaser. 3 . A description of the item and amount paid to the licensee in exchange for the item. 4 . The signature of the licensee and purchaser. 5. The name, address, home telephone number, and work telephone number of the purchaser. C. A legible copy of each receipt shall be retained by the licensee for at least four years . The licensee shall make these records available during regular business hours and at any other reasonable times for inspection by the City. Subd. 11. Suspension or Revocation of License. A. The City Council may suspend or revoke a license upon a finding of a violation of any of the provisions of this Section or any state statute regulating pawnbrokers, precious metal dealers, or secondhand dealers. Any conviction by the pawnbroker, precious metal dealer, or secondhand dealer for theft, receiving stolen property, or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. B. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of 10 the charges against the licensee. The City Council may, without notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days . The notice may be served upon the licensee by United States mail addressed to the most recent address of the business in the license application. Subd. 12 . Penalty. A violation of this Section is a misdemeanor. (Ord. 376, April 28, 1994; Ord. 385, September 6, 1994 ; Ord 397, January 12 , 1995) Note : The otriciccn language is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 6 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: L r y' . / City Attorney Published in the Shakopee Valley News on the day of , 1996 . (28MEMO] 11 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 4, 1996 RE: Pawnshop Ordinance Councillor Zorn questioned the revision in Subd. 9 .C, raising a good point about the distinction between pawns and sales to a pawnbroker. In response to his question I rechecked the new state law and determined that the 60-day restriction on resale applied only to pawned items. Therefore, paragraph C now has been broken into two separate paragraph, C and D. New paragraph C is only for pawned items, and has the 60-day restriction. New paragraph D is only for sold items, and has the current 30-day restriction. keviSej e_ Subd. 9 . Holding Period. A. Whenever the Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises for a period of 60 days, or until authorized to be released by the Police Department, whichever comes first . B. The Police Department may remove items believed to be stolen from the licensee' s business and hold them in the Police Department property room until it is determined whether they are stolen or not . Under Minn. Stat . Sec. 609 . 523, the Police Department may return stolen property to the owner, with no recompense to the licensee. Upon criminal conviction, restitution may be sought for losses experienced by a licensee. Each licensee is responsible for establishing procedures to avoid receiving stolen property. C. Any item sold or pawned to a licensee, for which a wcckly rcport to the policc is rcquircd undcr Subd. 8 .0 abovc, shall not be sold or otherwise transferred for sixty (60) thirty (30) days after the date of the sale or pawn. D. Any item sold e fed to a licensee, for which a weekly report to the police is required under Subd. 8 .0 above, shall not be sold or otherwise transferred for thirty_ (30) days after the date of the sale or pawn. ED. Each pledger shall be given a deadline for redeeming pawned property, after which date the licensee may sell the item. This date shall be a day on which the licensee is open for regular business . Subd. 10. Receipt. A. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall include the following information: 1. The name, address, and phone number of the licensee' s business. 2 . The date on which the item was received by the licensee. 3 . A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold. 4 . The signature of the licensee and seller or pledger. � zb Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I 4.90_, Meeting Date: June 4, 1996 Re: Vacation of Drainage and Utility Easement Discussion On March 12, 1996, the City Council approved the vacation of a drainage and utility easement measuring 32 feet in width by 142 feet in length, with the exception of a portion that was to be dedicated back to the city as right-of-way. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat. At the March 12, 1996, meeting, staff was directed to bring a resolution back to the City Council at such time as a legal description for the right-of-way dedication had been provided to staff. Staff has now received a legal description for the property to be dedicated and has prepared the appropriate resolution. A copy of the March 12, 1996, City Council staff memo has been attached for your reference, as well as the February 8, 1996, Planning Commission staff memo. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. Action Requested Offer Resolution No. 4387, A Resolution Vacating Drainage and Utility Easement Within Block 43, Original Shakopee Plat, and move its approval. i:\commdev\cc\1996\cc0604\vacheinz.doc RESOLUTION NO. 4387 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING DRAINAGE AND UTILITY EASEMENT WITHIN BLOCK 43, ORIGINAL SHAKOPEE PLAT WHEREAS, a drainage and utility easement has been dedicated measuring 32 feet in width and 142 feet in length within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue. This easement is located directly west and adjacent to Lot 10, Block 43, Original Shakopee Plat; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easement serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 12th day of March, 1996; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That the drainage and utility easement measuring 32 feet in width and 142 feet in length within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, located directly west and adjacent to Lot 10, Block 43, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, except that portion described on Exhibit A, serves no further public need; 3. That the drainage and utility easement measuring 32 feet in width and 142 feet in length within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, located directly west and adjacent to Lot 10, Block 43, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, except that portion described on Exhibit A, is hereby vacated; 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A The East 32.00 feet of vacated Pierce Street except the following: Beginning at the NW corner of Lot 10, Block 43, Original Shakopee Plat, Shakopee, Scott County, Minnesota; thence S 15° 00' 00" E (assumed bearing) along the west line of Lot 10 a distance of 10.00 feet; thence S 75° 12' 29" W parallel with the north line of said Block 43 a distance of 20.00 feet; thence S 16° 12' 29" W a distance of 23.16 feet to the west line of said East 32.00 feet; thence N 15° 00' 00" W along said west line thereof to the intersection of said west line of the East 32.00 feet and the westerly extension of the north line of said Block 43; thence easterly on said westerly extension to the point of beginning. / Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I !� Meeting Date: February 8, 1996 � J Re: Vacation of Drainage and Util Easements Site Information: Applicant: Bruce Heinz Property Owner: Bruce Heinz Location: 626 West 3rd Avenue Current Zoning: Old Shakopee Residential (R-1 C) Adjacent Zoning: North: 1-2 Heavy Industrial South: R-1 C Old Shakopee Residential East: R-1 C Old Shakopee Residential West: 1-2 Heavy Industrial Comp. Plan: 1980: Single Family Residential Draft 1995: Single Family Residential MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction The City has received a petition from Mr. Bruce Heinz, for the vacation of a drainage and utility easement measuring 32 feet in width by 142 feet in length. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue and is directly west of Lot 10, Block 43, Original Shakopee Plat. The City Council will hold a public hearing on February 20, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Also attached (as Exhibit B) is an illustration which shows the location of the drainage and utility easement that is being proposed for vacation. Exhibit C is a copy of the letter submitted by the applicant. The City Engineer has commented that the city has storm sewer and a paved alley in this area. An accurate survey showing the location of storm sewer and alley must be submitted to the City Engineer for review. Upon reviewing the survey, the City Engineer will make a determination regarding the amount of drainage and utility easement that can either be vacated or retained. The draft 1995 Comprehensive Plan has designated this area as Single Family Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of drainage and utility easement, except for that area that is determined by the City Engineer to be necessary for utility and alley purposes. 2. Recommend to the City Council to deny the request to vacate the drainage and utility easement. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the drainage and utility easement, except for that area that is determined by the City Engineer to be necessary for utility and alley purposes. i:\commdev\boaa-pc\1996\feb08pc\vachenz2.doc EXHIBIT A ,_ J c--?" .4\-\‘r✓�rt� A Gh! R M OTq \... \ ,82 6�.�ii �$$�� cX ��D 'i�` '�'' !9ctrl ..,' �t1l ,*' .,�� 4th01.E dtllD d!i� -. ;- sal St ���� d!!'�'i � IDt�C dem-',p! !till ►► I -_ 4111 -11' 651 351 ail 114 r d11►dLi7=1 dD ►►. - . . . 1 .1.1111111111111...Pla Vag 0311- milt lizji- lit ,,s i I__ ! iIl'�111:11:alsis, _i_ill ttlif :.1.-- ,,cv.:< r dti►! dlttdd►tti D� Dt`��`- � 'd 'ttifd '411� -$1t1 .ai��y � �IdDMD '111D ,moi' _ i I 1:11: itii s 1 sia �t 1D p1ti+� lt-, 1011 . d j 0►.ti 41i;p !i0 1--�dii!! �����t 1�>> -�_ �!u!D '�1�'iD :J•� , F. ,t1, p D��t 'ilp1 11! rilliifil*Ii1111.11111' 9 �i , �_t>D, ►' 1111It .,. t�`a 1�l11_d � d►111d"ip � p �. �. pp11� Otl7��iD��hill►ii�lill, ��`` �i . to. irt- dolt =� �� IUs' ,'Ig1- � �1J\ Otrsi dt11i 'ttll , p'1`11 --7" Alt; , - 5° lt0 't�lt � dl�,l0 dt'�d. ` 10 dtt3, ; =310!:10 iE11i •� a'�l W d1 t atii SO �It gilt �-i- R 3 . P Sl Vat dyi stifil :' it 'dMt° 1�. od; o _ es = ;is �o`" ssissis ► roil; S sti '. Elm i STATT g Moa NE Da 0v 8 y!y *11 , !, ; ,�; / _ - ;0 0!� —�- + . T. o• :Ng �IIII: :1111. L - y i ■ 1 1 y' 71.i r •it (%! 7 6 _ ©� �I= �= =..� R3 5 . �� W -; a� __ —.1.--=. , r N 1 `ate' l_— .-1._ '- 9w— �' 7 ©- �T [wawa a aaACE •�'�-IIM vv —� 1• sE�e ,_� it1 O{N01 ar-.... . G 0 a a , B Aida ,5 / c:, z NMI IN u 10 1 1004 ono um AMIN = -a ali • ��� i'/ Nay r iiiq _� = n r- �� g 31 2 7/ i--s 5. 8' R.O.W. " o rcg -\\\s4.j D 7a o CD tn ?3 --) /\\ = 32' EASEMENT M ♦16' ALLEY rr1.0 tb ...ca.''':, 1-3 y r tO 0 � Dn �, c) r— 0 ‘ ...----- m z C O n ONS CX --1 16 O"P -• 7 R.O.W. y n O1, SHUMWIAY _1 1 EXHIBIT C Bruce Heinz 16237 FRANKLIN CIRCLE SE PRIOR LAKE, MN 55372 January 4, 1996 City of Shakopee c rti 129 South Holmes Street ` Shakopee, MN 55379 JAN 8 1996 Currently, I own Lots 9 and 10, Block 43. I have a house on Lot 9 with the garage on Lot 10. After the vacation of Pierce street in 1995, I gained approximately 32 feet on the west side of my property. At the time of vacation, the land was put into an easement. I have done some extensive checking into the easement area as to water main, storm sewer, electric, etc. There doesn't appear to be any under that area. I am hopeful that the 32 foot easement could be vacated.This would make it possible for me to either sell Lot 10 as a separate lot or move another house of a similar age and style for the area onto that lot. Lots 9 and 10 would then be approximately 70 X 142 feet. Sincerely, Bruce Heinz Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I ; Meeting Date: March 12, 1996 Re: Vacation of Drainage and Utility Easement Discussion The City has received a petition from Bruce Heinz for the vacation of a drainage and utility easement measuring 32 feet in width by 142 feet in length. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat The City Engineer has commented that the city has storm sewer and a paved alley in this area. An accurate survey showing the location of the storm sewer and alley has been submitted to the City Engineer for review. Upon reviewing the survey, the City Engineer has commented that a portion of the drainage and utility easement must be dedicated to the city as right-of-way. The portion of the easement that must be dedicated as right-of-way includes the northern 10 feet adjacent to 3rd Avenue, a 2 foot strip extending the length of the bituminous alley, and a triangle measuring 33.5 feet in width and 29.7 feet in length (Exhibit A has been attached to illustrate the area to be dedicated as right-of-way). The applicant will be supplying a legal description of the property to be rededicated as right-of-way to staff. At such time as this legal description is provided, staff will be able to prepare the appropriate resolution. A copy of the February 8, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. 4. Direct staff to prepare the appropriate resolution for the vacation request when an accurate legal description is received. Planning Commission Recommendation The Planning Commission has recommended the approval of the vacation request (Alternative No. 1). Action Requested Move to approve the vacation request and direct staff to prepare the appropriate resolution for the vacation request (Alternative Nos. 1 and 4), and move its approval. is\commdevlcc\19961x0312Wacheinz doc EXHIBIT A I 1 S Li URvETFqPmRucEv C'„ `��l�C�r7 MFRS• a •\ ` AREA TO REDEDICATED AS RIGHT-OF-WAY . , A O v 3 C c t(� 1' \ cr.r CO0 0., l y . /� \ o _ ,.,V 1 y / id 1 C--) . �. 0, Cl 5 /\f/ ,. Bearings ar assumed &,OPLA-1- Di T a Coo P1ir t�1Lf 11' �' F 33�� o ubject to easements of record f any $( .0' O �- I\ .g 0' ' --- 1 t� �u E)i----- O Denotes set or found iron pipe monuments �- Ap Le-Fp` -9- Denotes set wood hub and tack Proposed garage floor elevation i. - --- `r -Ye6o Denotes existing elevation Proposed top of block elevation (25&) Denotes proposed finish grade elevation Denotes direction of surface drainage Proposed lowest floor elevation t CB) 4 - 0Q I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 9f10,Block 43, SI-A MCOPEE , SCOT-r County. Minnesota as on file and of record in the Office of the County Recorder in and for said County. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: PEeRuy 141199G) 111 0 4111 III I - J \ Allan R. Hastings .•`"' Minnesota Registration No. 17009 121 Lewis Street S. Suite No, 102 Shakopee, Minnesota 55379 Phone 612 445 4027 1). c_ MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Westwind Add'n. DATE: May 31, 1996 INTRODUCTION: It is appropriate that the city Council consider apportioning special assessments against the lots in the Westwind Addition at this time. BACKGROUND: Parcels of land owned by Jeff and Jim Monnens were recently platted into Westwind Addition. These parcels have special assessments against them. The plat has been recorded with the Scott County Recorder and it is now appropriate to apportion these special assessments against the new parcels created as a result of this subdivision. The original parcel numbers will disappear at the County and new parcel numbers, for this plat, have been created. Taxes and special assessments will be billed against these new parcel numbers. The developers agreed to this apportionment in the developers agreement for the Westwind Addition. The City routinely apportions special assessments after the recording of a plat when special assessments are involved. RECOMMENDED ACTION: Offer Resolution No. 4447, A Resolution Apportioning Special Assessments Among New Parcels Created As A Result Of The Platting Of Westwind Addition, and move its adoption. RESOLUTION NO. 4447 WILL BE PLACED ON THE COUNCIL TABLE TUESDAY NIGHT. C MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Westwind Add'n. DATE: May 31, 1996 INTRODUCTION: It is appropriate that the city Council consider apportioning special assessments against the lots in the Westwind Addition at this time. BACKGROUND: Parcels of land owned by Jeff and Jim Monnens were recently platted into Westwind Addition. These parcels have special assessments against them. The plat has been recorded with the Scott County Recorder and it is now appropriate to apportion these special assessments against the new parcels created as a result of this subdivision. The original parcel numbers will disappear at the County and new parcel numbers, for this plat, have been created. Taxes and special assessments will be billed against these new parcel numbers. The developers agreed to this apportionment in the developers agreement for the Westwind Addition. The City routinely apportions special assessments after the recording of a plat when special assessments are involved. RECOMMENDED ACTION: Offer Resolution No. 4447, A Resolution Apportioning Special Assessments Among New Parcels Created As A Result Of The Platting Of Westwind Addition, and move its adoption. RESOLUTION NO. 4447 WILL BE PLACED ON THE COUNCIL TABLE TUESDAY NIGHT. ` e EXHIBIT A Assessment Reapportionment for Westwind Addition June 4, 1996 P.I.D. NO. OWNER LEGAL 1992-9 DESCRIPTION ASSESSMENT 27-209001-0 J &J DEVELOPING, LLP LOT 1 BLOCK 1 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209002-0 J &J DEVELOPING, LLP LOT 2 BLOCK 1 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209003-0 J &J DEVELOPING, LLP LOT 3 BLOCK 1 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209013-0 J &J DEVELOPING, LLP LOT 13 BLOCK 1 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209014-0 J &J DEVELOPING, LLP LOT 1 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209015-0 J &J DEVELOPING, LLP LOT 2 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209016-0 J &J DEVELOPING, LLP LOT 3 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209017-0 J &J DEVELOPING, LLP LOT 4 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209018-0 J &J DEVELOPING, LLP LOT 5 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209019-0 J &J DEVELOPING, LLP LOT 6 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209020-0 J & J DEVELOPING, LLP LOT 7 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209026-0 J &J DEVELOPING, LLP LOT 13 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209027-0 J &J DEVELOPING, LLP LOT 14 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209028-0 J &J DEVELOPING, LLP LOT 15 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209029-0 J &J DEVELOPING, LLP LOT 16 BLOCK 2 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209030-0 J &J DEVELOPING, LLP LOT 17 BLOCK 2 $189.81 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209031-0 J &J DEVELOPING, LLP LOT 1 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209032-0 J & J DEVELOPING, LLP LOT 2 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION EXHIBIT A Assessment Reapportionment for Westwind Addition June 4, 1996 P.I.D. NO. OWNER LEGAL 1992-9 DESCRIPTION ASSESSMENT 27-209033-0 J &J DEVELOPING, LLP LOT 3 BLOCK 3 $189.88' P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209034-0 J &J DEVELOPING, LLP LOT 4 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209035-0 J &J DEVELOPING, LLP LOT 5 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209036-0 J &J DEVELOPING, LLP LOT 6 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209037-0 J &J DEVELOPING, LLP LOT 7 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209038-0 J &J DEVELOPING, LLP LOT 8 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209039-0 J &J DEVELOPING, LLP LOT 9 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209040-0 J &J DEVELOPING, LLP LOT 10 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209041-0 J &J DEVELOPING, LLP LOT 11 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209042-0 J &J DEVELOPING, LLP LOT 12 BLOCK 3 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209043-0 J &J DEVELOPING, LLP LOT 1 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209044-0 J &J DEVELOPING, LLP LOT 2 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209045-0 J &J DEVELOPING, LLP LOT 3 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209046-0 J &J DEVELOPING, LLP LOT 4 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209047-0 J & J DEVELOPING, LLP LOT 5 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209048-0 J &J DEVELOPING, LLP LOT 6 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION 27-209049-0 J &J DEVELOPING, LLP LOT 7 BLOCK 4 $189.88 P.O. BOX 244 WESTWIND 1ST SHAKOPEE, MN. 55379 ADDITION MEMO TO: Barry Stock, Acting City Administrator FROM: Bruce Loney, Public Works Director , SUBJECT: 1996 Reconstruction Project No. 1996-2 DATE: June 4, 1996 MEETING DATE: June 4, 1996 INTRODUCTION: Attached is Resolution No. 4448, which accepts the bids and awards the contract for the 1996 Reconstruction Project No. 1996-2. BACKGROUND: On May 7, 1996, the City Council of Shakopee ordered the advertisement for bids on the 1996 Street Reconstruction Project No. 1996-2. The project consisted of reconstructing the following streets: • Fillmore Street, from 1st Avenue to 2nd Avenue • Naumkeag Street, from 1st Avenue to 2nd Avenue • 5th Avenue, from Holmes Street to Spencer Street • 7th Avenue, from Fuller Street to Sommerville Street • Shakopee Avenue, from Holmes Street to Main Street The funding of this street project is a combination of assessments, sanitary sewer funds, Shakopee Public Utility Commission's (SPUC) watermain fund and City tax levy. On June 4, 1996, sealed bids were received and publicly opened for this project. A total of five bids were received and are summarized in the attached resolution. The low bid was submitted by Barbarossa & Son, Inc. of Osseo, MN in the amount of$775,693.05. The Engineer's estimate for this project was approximately $700,000.00. In the feasibility report for this project, the estimated construction costs for the project was estimated to be $632,000.00. This did not include any watermain construction estimate from SPUC. The watermain costs from the bid is $98,747.00, thus the feasibility report cost estimate for this project would be around $732,000.00. During the design phase of the project, additional items were needed to complete the infrastructure replacement and street reconstruction that were inadvertently not included in the feasibility report. These additional items were mainly with the sanitary sewer and storm sewer construction with the additional work totaling an amount of $45,000.00. This additional work was deemed necessary in order to complete the project as proposed in the feasibility report. In addition to awarding the contract to the low bidder, Barbarossa& Sons, City staff will need to authorize consultant engineering services to provide construction surveying and administration services as necessary for this project. Attached to this memo is an extension agreement with WSB & Associates, Inc. to perform the surveying services and administration services as needed to complete this project. If the Council awards this project, staff is also requesting that City Council authorize a contingency amount equal to 10% of the contract to cover minor change orders or quantity adjustments that may occur on the project. ALTERNATIVES: 1. Accept the low bid of $775,693.05 and adopt Resolution No. 4448, awarding the contract to Barbarossa& Sons, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on this project for the City of Shakopee. 5. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1,4 and 5. ACTION REQUESTED: 1. Offer Resolution No. 4448, A Resolution Accepting Bids on the 1996 Reconstruction Project No. 1996-2, and move its adoption. 2. Authorize the approprate City officials to execute an extension agreement with WSB & Associates, Inc.,to provide consultant services for the City of Shakopee. 3. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. BL/pmp MEM4448 RESOLUTION NO. 4448 A A Resolution Accepting Bids On The 1996 Reconstruction Project No. 1996-2 WHEREAS,pursuant to an advertisement for bids for the 1996 Reconstruction Project No. 1996-2, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Barbarossa& Sons,Inc. $775,693.05 Hardrives,Inc. $840,381.99 B.H. Hesselton, Inc. $852,585.65 Ryan Contracting, Inc. $937,627.95 G.L. Contracting,Inc. $999,700.91 AND WHEREAS, it appears that Barbarossa & Sons, Inc., 11000 93rd Avenue N., P.O. Box 367, Osseo, MN 55369 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Barbarossa & Sons, Inc., in the name of the City of Shakopee for the 1996 Reconstruction Project No. 1996-2, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. 11,69B 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 -- &Associates,Inc. FAX 541-1700 June 4, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Construction Surveying Services 1996 Street and Utility Reconstruction WSB Project No. 1014.10 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for construction surveying services for the above-referenced project. The surveying needs for this project will include computations to complete a radial stake-out, establishment of horizontal and vertical control, centerline grade staking, curb and gutter stakes, utility and storm sewer staking, and development of cut sheets and computations by the party chief. We are proposing to complete this work on a cost- reimbursable basis with an estimated cost of$23,000. As you are aware,construction staking is somewhat variable depending on the contractor and the actual field conditions. Consequently, it is anticipated that the actual survey cost will be determined according to the actual hours necessary to stake the project. We are available to begin developing the control for this project as soon as it is approved and look forward to the opportunity to serve you. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. Sincerely, WSB&Associates,Inc. E Bret A. Weiss, P.E. Vice President Acting City Administrator City Clerk Mayor Date c: Bob Peters, Peters, Price& Samson File Infrastructure•Engineers•Planners EQUAL OPPORTUNITY EMPLOYER f:\WPWIMIOI4.10\OGIW9G.BL l -(2) RESOLUTION NO. 4449 A RESOLUTION OF APPRECIATION TO THE CITY ADMINISTRATOR SEARCH COMMITTEE WHEREAS, the Shakopee City Council authorized the appointment of local citizens to serve on a committee to search for candidates to fill the vacant city administrator position; and WHEREAS, Aggie Unze, Virgil Mears, Richard Mertz, and Joe Ries were selected to serve on the City Administrator Search Committee; and WHEREAS, the members of the City Administrator Search Committee met on numerous occasions to fulfill the many tasks associated with the recruitment of a city administrator; and WHEREAS, the Committee has presented to the City Council the names of the final candidates to interview and from which to select a city administrator; and WHEREAS, the members of the City Administrator Search Committee have given of their time and talents and have represented their community in a professional manner while completing their charge from the City Council. NOW THEREFORE BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby expresses its thanks and appreciation to Ms. Aggie Unze, Mr. Virgil Mears, Mr. Richard Mertz, and Mr. Joe Ries for their time, interest and professionalism in selecting finalists for consideration by the City Council to fill the city administrator position. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1z EXPLANATION TO ORDINANCE 455 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt an ordinance relating to telecommunications permits. REMARKS: The City Council has established, as a priority, the adoption of an ordinance regulating telecommunications and their use of the public right-of-way. This ordinance will govern the construction, installation, operation, repair, maintenance, removal, and relocation of facilities and equipment used for the transmission of telecommunications or related services in the public ground of the City of Shakopee. This ordinance is based upon the Model Telecommunications Ordinance provided by the League of Minnesota Cities and the Suburban Rate Authority. Additional issues raised by a second model ordinance were incorporated herein. This ordinance provides protection for the City for use of our streets . For more detailed information about the ordinance, the ordinance' s summary may be helpful . This ordinance also allows the City to charge a fee for such use. Fees can be established both for use of the public right- of-way, and for use of SPUC' s poles. Staff has not had time to prepare the appropriate fees, but can do so and bring back a fee resolution for Council consideration. Council may wish to request SPUC also to consider establishing appropriate fees. ALTERNATIVES: 1 . Adopt the telecommunications permit ordinance. 2 . Amend the ordinance, then adopt it . 3 . Do not adopt the ordinance. 4 . Direct staff to develop fees and bring a fee resolution to Council for consideration. 5 . Do not establish fees. 6 . Request SPUC to establish a fee for pole use. 7 . Do not request SPUC to establish a fee. ACTION REQUESTED: 1 . Move to adopt Ordinance No. 455, an ordinance amending City Code Chapter 3 , Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, by adopting one new section relating to telecommunications permits . 2 . Move to direct staff to develop fees and bring a fee resolution to Council for consideration. 3 . Request SPUC to establish a fee for pole use. Submitted by: Vii . ity Atto ey [30TELECO.FIN] ORDINANCE NO. 455, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 3 , MUNICIPAL AND PUBLIC UTILITIES, RULES AND REGULATIONS, FRANCHISES AND RATES, BY ADOPTING ONE NEW SECTION RELATING TO TELECOMMUNICATIONS PERMITS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 3 , Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, is hereby amended by adopting one new section relating to telecommunications permits, which shall read as follows : SEC. 3 .50. TELECObMKUNICATIONS PERMITS. Subd. 1. Purpose. The City Council is adopting this ordinance to govern the construction, installation, operation, repair, maintenance, removal, and relocation of facilities and equipment used for the transmission of telecommunications or related services in the public ground of the City of Shakopee . Subd. 2 . Definitions. The terms used in this Section have the following meanings : A. Company means a person as defined in Sec. 1 . 02, Subd. 4, a political subdivision, or a public or private agency of any kind, its successors and assigns, who or which seeks or is required to construct, install, operate, repair, maintain, remove, or relocate facilities in the City. B. Director means the Director of Public Works or the Director' s designee. C. Facilities means telecommunications equipment of any kind, including but not limited to equipment for the transmission of audio, video, data, paging, facsimile or similar service, not governed by Minnesota Statutes, Chapter 238, including all trunks, lines, cables, wires, optical fibers, laser equipment, circuits, physical connections, switching equipment, wireless communication equipment of all kinds, and any necessary appurtenances owned, leased or operated by a Company in, on, over, under, across, or along any public ground. D. Public ground means a street as defined in Sec . 1 . 02, Subd. 6 . Subd. 3 . Permit Procedure. A. Permit Required. A Company may not construct, install, repair, remove, or relocate facilities, or any part thereof, in, on, over, under, across, or along public ground without first obtaining a permit from the City. B. Application. Application for a permit is made to the Director, on forms prepared by the City. C. Issuance of Permit. If the Director determines that the applicant has satisfied the requirements of this Section, the Director may issue a permit to the Company. An applicant may contest a permit denial or the conditions of approval by written notice to the City Clerk requesting a City Council review within 14 days of the Director' s action. The City Council shall hear any contest of the Director' s actions under this Section within 45 days of the City Clerk' s receipt of the contest notice. D. Permit Not Exclusive. Nothing in this Section precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to the issuance of a permit set forth herein. E. Permit Fee. The application must be accompanied by the permit fee set by the City Council in its most recent fee resolution. F. Security. Prior to commencement of work, the Company must deposit with the City, security in the form of a certified check, letter of credit or construction bond, in a sufficient amount as determined by the Director for the completion of the work. The securities will be held until the work is completed plus a period of twelve months thereafter to guarantee that restoration work has been satisfactorily completed. The security then will be returned to the Company, with interest if required by law, at the applicable statutory rate . Upon application of the Company, providing such information as the Director may require, if two or more work projects are to be constructed during a calendar year, the Director may accept a single security for multiple projects, in lieu of separate security for each project . This security shall be in such form and amount as determined, in the discretion of the Director, to be sufficient to assure completion of all projects which may be in progress at any one time during that calendar year and to guaranty that restoration work will be satisfactorily completed. 2 • G. Inspection of Work. When the work is completed, the Company must request an inspection by the Director. The Director will determine if the work has been satisfactorily completed and provide the Company with a written report of the inspection and approval or disapproval . Subd. 4 . Restoration and Relocation. A. Restoration. Upon completion of the work, the Company must restore the general area of the work, including pavement and its foundations, to the same or better condition than existed prior to commencement of the work, and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits . If the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and restore the public ground to the same or better condition, the City may put it in the same condition at the expense of the Company. The Company must, upon demand, pay to the City the direct and indirect costs of the work done for or performed by the City, including but not limited to the City' s administrative costs . To recover its costs, the City will first draw upon the security posted by the Company, and then recover the balance of the costs incurred from the Company directly by written demand. This remedy is in addition to any other remedies available to the City. B. Company-Initiated Relocation. The Company must give the City written notice prior to a Company-initiated relocation of facilities . A Company-initiated relocation must be at the Company' s expense and must have the prior approval of the City, which approval shall not be unreasonably withheld. C. City-Required Relocation. The Company must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its facilities whenever the City requires such relocation. D. Relocation Where Public Ground Vacated. The vacation of public ground does not deprive the Company of the right to operate and maintain its facilities in the City. If the vacation proceedings are initiated by the Company, the Company must pay the relocation costs . If the vacation proceedings are initiated by the City or other persons, the Company must pay the relocation costs unless otherwise agreed to by the City, Company, and other affected persons . 3 Subd. 5 . Company Default. A. Notice. If the Company is in default in the performance of the work authorized by the permit, including but not limited to restoration requirements, for more than 30 days after receiving written notice from the City of the default, then the City may terminate the rights of the Company under the permit. The notice of default must be in writing and specify the provisions of the permit under which the default is claimed and state the grounds of the claim. The notice must be served on the Company by personally delivering it to an officer thereof at the business address given on the permit application, or by certified mail to that address . B. City Action on Default. If the Company is in default in the performance of the work authorized by the permit, the City may, after the above notice to the Company and failure of the Company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default . The Company must reimburse the City for the City' s reasonable costs, including costs of collection and attorneys' fees incurred as a result of the Company default . The security posted under this Section will be applied by the City first toward payment for such reimbursement . Subd. 6 . Indemnification. A. Scope. The Company will indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation, or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents . The City will notify the Company of claims or actions and provide a reasonable opportunity for the Company to accept and undertake the defense. B. Claim Defense. If a claim or action is brought against the City under circumstances where indemnification applies, the Company, at its sole expense, shall defend the City if written notice of the claim or action is given to the Company within a period wherein the Company is not prejudiced in the defense of such claim or action by lack of such notice . The Company shall have complete control of such claim or action, but may 4 not settle without the consent of the City, which shall not be unreasonably withheld. This paragraph is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. In defending any action on behalf of the City, the Company is entitled to assert every defense or immunity that the City could assert in its own behalf . Subd. 7 . Other Conditions of Use. A. Use of Public Ground. Facilities must be located, constructed, installed, maintained, or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to such additional conditions as the Director may place on the permit, including but not limited to (1) the right of inspection by the City at reasonable times and places; (2) the obligation to relocate the facilities; and (3) compliance with all applicable regulations of Shakopee Public Utilities Commission, the Minnesota Public Utilities Commission, and other state and federal law and regulation, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 216D. B. Location. The facilities must be placed in a location agreed to by the City. The Company shall give the City 45 days advance written notice of the Company' s proposed location of facilities within the public ground. No later than 45 days after the City' s receipt of the Company' s written notice the City will notify the Company in writing of the City' s acceptance or rejection of the proposed location. If the City rejects the Company' s proposed location, the City shall propose alternative locations . The City does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45 days . C. Emergency Work. A Company may open and disturb the surface of public ground without a permit when an emergency exists requiring the immediate repair of its facilities . In such event the Company must request a permit not later than the second working day thereafter, and must comply with the conditions of the permit . In no event may the Company undertake such an activity which will result in the closing of a street or alley without prior notification to the City. D. Street Improvements, Paving, or Resurfacing. The City will give the Company written notice of plans for street improvements where permanent paving or 5 a resurfacing is involved. The notice shall contain (1) the nature and character of the improvements; (2) the streets upon which the improvements are to be made; (3) the extent of the improvements; (4) the time when the City will start the work; and (5) if more than one street is involved, the sequence in which the work is to proceed. E. Company Protection of Facilities. The Company must take reasonable measures to prevent its facilities from causing damage to persons or property. The Company must take reasonable measures to protects its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The Company must take all reasonable protective measures when the City performs work near the facilities. F. Prior Service Connections. In cases where the city is undertaking the paving or resurfacing of streets and the facilities are located under such street, the Company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five year period following the paving or resurfacing. Subd. 8. Acceptance of Requirements. By receiving a permit under this Section, the Company accepts and agrees to comply with all the requirements of this Section. Subd. 9 . Public Ground Other Than Right-of-Way. Nothing in this Section is intended to grant to the Company authority beyond that given by Minnesota Statutes Section 222 . 37 for use of the public rights-of-way for construction and operation of facilities . If the City allows the Company to use its non-right-of-way public ground, the terms of this Section apply to the extent they are consistent with the contract, statutory, and common law rights the City owns in such property. Subd. 10 . Regulations and Permit Schedules. The Director is authorized and directed to prepare suitable regulations, design standards, and schedules for the issuance and administration of permits issued under this Section. Subd. 11 . Application to Existing Facilities. Companies with facilities in, on, over, under, across, or along public ground on the effective date of this Section must take prompt action to comply with this Section. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 3 . 99, Violation 6 Y a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. 455" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance . The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance . Section 4 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Scott County Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours . Section 5 - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Scott County Library. Section 6 - Effective Date. This ordinance becomes effective upon its passage and the publication of its title and summary. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: _ ,- City Attorney 1 , Published in the Shakopee Valley News on the day of , 1996 . [30TELECO.FIN] 7 ORDINANCE NO. 455, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 3 , MUNICIPAL AND PUBLIC UTILITIES, RULES AND REGULATIONS, FRANCHISES AND RATES, BY ADOPTING ONE NEW SECTION RELATING TO TELECOMMUNICATIONS PERMITS. The following is the official summary of Ordinance No. 455, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on , 1996 : The City Council amended City Code Chapter 3 , Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, by adopting one new section relating to telecommunications permits. The new section, called Telecommunication Permits, provides basically as follows: SEC. 3 .50. TELECOMMUNICATIONS PERMITS. Purpose. The City Council adopted this ordinance to govern the construction, installation, operation, repair, maintenance, removal, and relocation of facilities and equipment used for the transmission of telecommunications or related services in the public ground of the City of Shakopee. Permit Procedure. A Company must get a permit from the Director of Public Works before the Company does any work in a street or on other public ground. The Company must pay a fee for the permit, and post security in order to guarantee completion of the work and repair of the street or other property. Denials of permits can be appealed to the City Council . Restoration and Relocation. The Company must promptly restore the general area of its work to the same or better condition than it was in prior to the commencement of the work, and must exercise reasonable care to maintain the same condition for two years thereafter. If the Company fails to complete the work and restore the area, then the City may do the work and charge the Company for the cost of doing that work. If the Company wants to relocate facilities, it must first notify the City, then perform the relocation at the Company' s own expense. If the City wants facilities relocated, the Company must do so upon request . Company Default. If the Company defaults in the performance of the work authorized by the permit, then, 30 days after notice of the default, the City may terminate the Company' s permit . The City also may take action to abate any problems caused by the default, and the Company must reimburse the City for the City' s reasonable expenses . Indemnification. The Company will defend and indemnify the City, its officers and employees, from claims due to injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the City. Other Conditions of Use. Facilities must be located, constructed, installed, maintained, or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. Additional conditions can be put on the permit . The actual location of the facilities shall be approved in advance by the City. In an emergency, the Company may work without first obtaining a permit, but must request a permit within two days. The City will notify the Company when paving or resurfacing a street where the Company has facilities . The Company must take reasonable measures to prevent its facilities from damage or from causing damage to others . Acceptance of Requirements. By receiving a permit, the Company accepts and agrees to comply with all the requirements of this Section. Regulations and Permit Schedules. The Director of Public Works is authorized and directed to prepare suitable regulations, design standards, and schedules for the issuance and administration of permits. Application to Existing Facilities. Companies with facilities in place on the effective date of this Section must take prompt action to comply with this Section. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Scott County Library. [30TELECO.FIN] 2 P"k1A11 SHAKOPEE June 3, 1996 Mr. Barry A. Stock, Acting City Administrator City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Dear Mr. Stock: I am writing to notify you of my resignation from the City of Shakopee as I have accepted the position of Economic Development Specialist with the City of Lakeville. I am very grateful for the experience I have received with the City of Shakopee, and it is with regret that I resign my position. My last day of employment will be Monday, June 17, 1996. Sincerely, icole E. Bennett Planner/Economic Development Specialist ACTION REQUESTED: Move to accept the resignation of Nicole Bennett, Economic Development Specialist as of Monday, June 17, 1996 with regrets. CONNU Imo'PRIDE SINCE 1857 12' Hoirir,Street S'cth �'••:. ^rr.\tinny-'tA r1=•4;. al FA\ ni. � 1* /3 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 4, 1996 RE: Tobacco Violation Hearings BACKGROUND: The City Council previously was notified of violations of the tobacco ordinance. In six different cases, a minor was able to purchase tobacco from a vending machine in a business . City Council directed staff to initiate a hearing before the entire City Council on these six businesses . We now need to select a date for the hearing. The hearings can be scheduled for a regular meeting night, an alternate Tuesday, or some other night . Due to the fact that some six different hearings are needed, staff recommends an alternate Tuesday, July 9, 1996 . Since there are multiple hearings, staff recommends starting at 6 : 00 p.m. The first hearing should be allotted at least one- half hour, but the second and subsequent hearings probably will not take as long. Staff recommends scheduling the first hearing at 6 : 00, the second at 6 :30, and scheduling the rest of the hearings at 15-minute intervals. For your information, there also will be a need for five more hearings after the criminal charges are concluded on the five store clerks that sold tobacco directly to minors . A memo on those hearings will be brought to you at a later meeting. ALTERNATIVES: 1 . Schedule the hearings for Tuesday, July 9, 1996, starting at 6 : 00 p.m. 2 . Schedule the hearings for a different date or time. RECOMMENDATION: Schedule the hearings for Tuesday, July 9, 1996, starting at 6 : 00 p.m. MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Exemption From Lawful Gambling License Shakopee All Night Graduation Party DATE: June 4, 1996 INTRODUCTION: The Shakopee All Night Graduation Party has submitted an application to the Minnesota Gambling Control Board for Authorization for an Exemption from Lawful Gambling License and is asking that the 30 review period by the City Council be waived. BACKGROUND : The Shakopee All Night Graduation Party Committee plans on having pull-tabs, a dice game and black jack as part of the activities being planned for the all night graduation party on June 7th. Each participant will be given $150 in chips at the beginning of the night to spend. At the end of the night the participants' winnings/holdings will be used at a silent auction. No money exchanges hands. In order for the Committee to purchase the pull-tabs from a vendor, the Committee needs a license from the Minnesota Gambling Control Board. In this case the license is actually called an "Exemption from Lawful Gambling License". The City is allowed 30 days, after receipt of an application for such a license, to notify the Gambling Control Board that the City desires the license be denied. The Gambling Control Board will not issue the license until after this 30 day period. In order to shorten up that 30 day period, the Council may waive the 30 day period. The Committee is therefore asking the City Council to review the 30 day review period in order that they may be granted the exemption license and may then purchase the pull-tabs by this Thursday for the Friday all night graduation party. RECOMMENDED ACTION: Move to waive the 30 day review period for the Shakopee All Night Graduation Party for an Exemption from Lawful Gambling License from the Gambling Control Board for June 7th and 8th, 1996 at the Shakopee Junior High. ..7• .., .... 7.E.1••••••• Ccr+2-01 Eoard Ferx:I.-L• :..:n 7 '•:,..E.:.- 12:4.'1; F.C4/0'; LG220 For Board Use Only RevoefaS Minnesota Lawful Gambling Fee Paid Application for Authorization foran Check# Exemption from Lawful Gambling License Initals Date Recd • Organization In ; • •••;•-••••• .:•!..;:;•,..,..::::'•::I ;::' ';'''::''.!'I' ,•:,;!.,:::.-.. ,, ; ;; .,;, ;,;,,,.;,,,„,;„; , .;;.;,,,,, o, ,;. ••,....,, ,:.::::::::,.::!..: :;;:;:;,:::•;":;;•.;;;;:•.,:;;::;;;.,..;;::,,:,::,......,::,%,:::......;,...• :::•;••,,,•';',;:::;;,..:::.;„.;:,. •„......::-.;;•,..y:;;;:::.r:•••,.:;..;:;;;;,:':::'1.,,:7•!'i:'.',..;,.:':':!:: ::;:''...;;•:4- •::::.:!.::.:;;'';:.:.:'••;. .•:.: •• . •:';..*: ; •:::;;; :•.:.:::: :•. 1,..:::::::;,•••.,:..::;,:;..!'•:..;:.:::;:.;;;;;;;•;.:. .."!:;•.' :,•'.;:.:.;'• :•:.:Y••',.;.';•';',.-...!;;$.:: ''s- .';‘;‘,:!,-:;..;;:•.; ! .' : :',.•:•••;. formation',•' ':.:.:.;,:!:4.:,:::•::::,::::::,:,..::;:;, ..:.::....:s:;;;:::,:.::9•5.1:,.,.:,',::,,:; ,,•;:,:!.:,::•:,,.;:':!;.,::::.,:.:,,;!:,::,::::.:;.: ..:;;..:::r,,,;..,; .:•:.;,,.i:,!.:::;,.•::;:i-,$,,,4. Organization Name mreviOUS lawful gambling exemption number T—b.) Pa r Code County Street)G-Pj /4 6-4- A)I 61417 64141)144-CillY ILI S{ate'7 °Z ---.pCo C 4,- r6 & 1 L5Akii,? L_,11/4) 5537 Namle oflChief-'/; Executive o\f' ,organizationlji/-(CrEOY) ' Daytime Phone number of CEO First Name I Last Name Name of Organization Treasurerlr Name_,I'll'‘ k 0 i sr . (0 la 44(15=0.),1 r) Daytime Phone Number of Treasurer First Name Last (6,14. 445-5/0 3 i '4k:it r 0 bpioic- ',.•,•.: . ...,.....,./,c.,.,•,r...„!.,....;•:;:7••.•".!„.; „„,„,„. „...„ :,.„..„• .,..,,...::,•,,::..,:,:,.,.:..i.,..,;,,,,,..,.,....:H:...,,,...•.:::.,.:.,:-,,H.. - : -. rgnizatiOn ,.;. h. . : .- .. . . ,,.,::.;:::.•;:!,...:....,....:,::.,::.,.•.,.:,.•,,;.,::,•:...:::;...•.;?,,:•,:.,,,:.*,•„•••:;..,„:,:,,.:.',„;:,;,y:,.!,:,,..,.,..,„, ..:..:„..:.......... .....• .. .. ....,.....,..:; , ',...(.:: •4:i:•;:!::.4:::';•;:•':••••;;;':::)i•!{:;.:,,ii:.•:.•:':•:.:•':'.•'i!..•:•:•::...;,,:.:,';.:•.• :;.::,,.,•:•:...:. . •..., •.•• .• •-• - Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: 0 IRS letter indicating income tax exempt status Ei Fraternal =Certificate of good standing from the Minnesota Secretary CD Veterans of State's office DA charter showing you're an affiliate of a parent 0 Religious nonprofit organization 1%1 Other nonprofit Ca roof Previously submitted and on file with the Gambling Control Board ".. .',:''.::'•;',•;;-:''':.:':1 f.':;$`4),:'il;!.'Z:::.: ,:,:4'.:!'$.14':g:'....!!:....:.4'''''7:!'‘' :'''"!:44.:;:.:: ?4f'..,. : ..,,,:l ,::!!: ,,..,,,..,,..,...,:....',4::;:i,:•::1:,::•:?t:i.W.,i!,;:i:"n::':':::::,.....'::'':.:,,:,1,',;.;:,:.:'....:i.:::::',:i.:::::::.:1: :,:'!.!::':,.,,I$.:!; 1;'?.;:.•::,.;::,::::•14:r?'.4:4V.V:,!1'?ii'W.:::.!..i::',c;',''A ::''..!;f0:::.....):1,;::. .",”..d'.I "•'0'.'.'/, n':.. .'df:4.%,:rtetn:Vis4ies: :.4, i"1,1.....i ..11..4., 1,".;,,,f...;:•,;,'`.;;'!:,!!;•':'::r;,:1!:;:::;.:'•:m':'.:..:..:-::.::..."..,.-.,..':::'$'.,.....::,......,:.,,..!.4!,.:;,.:,:....:.:..:;1;,;A;;•;k,;-:.:.,.:....r::4,:,',::;0::::-,:,':.;;!.,!..•:::.;:,.;!!::,`:;,..•::.4,::',,,..:.);A0.4:.::S:;:;I;A;;;:;;,.,:;,.;.;;,;•::0,;p::.!...,:,.::i::•.....:.,,..,;...,:i;•:•:•:•,•:s•;• ,.::.::'k'•,•i,:y....'....,i):• '`' '''4'.....!.'':'9:•::•:.:•:4.0h'i i'',."..;'...'"k''''''::1!:*;':''''" ;:'''t'':', ::*.;:::!::;.4..''...:1 :...'':.:. ..'.,:.': .4.;.l'i!,'•, ''',,.''''”•'''.. '' ' ' .:4k''' .4.11k'!..:. !.'4'7.1:1:,:4.i!4,111 i''...'+'Z.'4':?.!!''''4',';;I':;1'N':;•:.::::...','!.:.,!..:•',','.',',,'!.',.., ..., .,.. Name of Establishment where gambling activity will be conducted 51-k) f)t., E ilk fl)t Og*/ Street City State Zip Code County sco-t.4— ) t 3 I -S)ut) Ma Kcha..I.J ko ShA4/224 0/ - /14 .0 53-37 Date(s)of activity(for raffles,indicate the date of the drawing) eilil. ci- evi i 99 Lo 3 (A.iv Check the box or boxes which indicate the type of gambling ol- -vity your organization will be conducting ri-- Bingo 0 Raffles 0 Paddlewheels Pull-tabs ED Tipboards For Board Use Only Be sure the Local Unit of Government and the CEO of your organization sign the reverse side of this application. Date& Initials of Specialist — , l arrb l inq Con!+- o _r qr� �y 1- n _:F. 1_ P. 4 1� Local Unit of Government Jurisdiction Is this gambling premises located within city limits? Yes C1 No If Yes, write the name of the City: City Name s t-Ira K n,.p If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: organized CInorganized [unincorporated 'Local Unit Of Government Acknowledgment 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 1 The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application D. • eceived: 6 - y-°1 Date Signed: Ti* of pers•n receiving application Title of person acknowledging application irr i • .www .�.o • • Oath of chief -cutive Officer I have read this application and all information is true, accurate and complete. Date: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print,braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TOO may cast the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB)to determine your compliance with Minnesota Statues and rules governing lawful gambling activities_ All of the information that you supply on this form wilt become public information when received by the GCB.