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HomeMy WebLinkAbout07/02/1996 MEMO TO: Honorable Mayor and City Council FROM: Paul Bilotta, Acting City Administrator RE: Non Agenda Informational Items DATE: June 28, 1996 1. The Chamber of Commerce has applied for an Authorization for an Exemption from Lawful Gambling License for their bingo and raffle on Derby Days. They are in compliance with the City Code. 2. Attached is the calendar of Upcoming Meetings for July. 3. Attached is a memorandum from the City Attorney regarding conduct of tobacco hearing. 4. Attached is correspondence from the Scott Joint Prosecution Association regarding an Achievement Award from the League of Minnesota Cities. 5. Attached is the July Business Update from City Hall. 6. Attached is a memorandum from the City Clerk regarding the 1997 Municipal Contribution to Firefighters Relief Association. 7. Attached is a final invoice for Cooperative Construction Agreement No. 70463 (MnDOT Shakopee Bypass) 8. Attached is the June 27, 1996 agenda for the Scott County Transportation Committee. 9. Attached is correspondence from the Minnesota Housing Finance Agency regarding low income housing tax credit program- Arlington Ridge Townhomes. Please note the city receives these reports routinely and no comments are usually submitted. This is for informational purposes. 10. Attached is a memorandum from the Public Works Director regarding the Dallas Townhome's Berm Construction. 11. Attached is a memorandum from the City Attorney regarding Lewis v. City of Shakopee. 12. Attached is the Police Newsletter for Council review. ii ,,,,z July 1996 Upcoming Meetings 1 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 4:30 PM SPUC 7:00 PM City City Hall Closed Council 7 8 9 10 11 12 13 6:00 PM City 6:00 PM EDA 7:30 PM Planning Council Meeting Commission 14 15 16 17 18 19 20 7:00 PM City Council 21 22 23 24 25 26 27 7:00 PM Park& 6:00 PM Tents- 5:00 PM Annual Rec-Commu- tive EDA Picnic pity Center Meeting 28 29 30 31 4:00 PM Workses- June August sion-CityCoun- SMTWT FS SMTWT F S cil-Budget 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 ; 11 12 13 14 15 16 17 16 17 18 19 20 2111 1 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 30 I 25 26 2T 28 29 30 31 Printed by Calendar Creator Plus on 6/25/96 #3 MEMORANDUM TO: Mayor and Members of the City Council FROM: Karen Marty, City Attorn= '/l DATE: June 5, 1996 RE: Conduct of Tobacco Hearing On July 9, 1996, the City Council, in a committee of the whole (acting as a hearing board) , is scheduled to hold hearings regarding alleged tobacco license violations. The hearings will follow the administrative rules of evidence, and be taken down by a court reporter. A list of these procedures is set forth below. At the conclusion of the hearing, the City Council shall issue a report, with a copy to all parties. The City Council may direct staff to prepare the report . The party who is adversely affected by the Council' s decision has 10 days in which he or she can file exceptions and present arguments to the City Council . After this period ends, the City Council (acting in its usual capacity) , shall review the report and the exceptions (if any were filed) and hear arguments . The City Council then will adopt a resolution containing its decision and based on the record, including findings of fact, conclusions, and an order. (Staff can be directed to prepare this resolution. ) This decision is sent to each party. Within 30 days the aggrieved party may appeal to the Court of Appeals. PROCEDURES FOR CITY COUNCIL TO FOLLOW WHEN ACTING AS A HEARING BOARD 1 . PRELIMINARIES. The speaker for the hearing board (probably the Mayor) opens the meeting by stating essentially the following: "This is a hearing to consider action against for tobacco violations. The hearing will be conducted in accordance with administrative rules of evidence. The City shall present its information first, then the licensee shall present its information. All speakers shall be given an oath, and will be requested to step up to the microphone and state their name and address for the record. Are the parties ready to proceed? (Wait until both the City Attorney and the representative from the business say yes. ) Does the City wish to make an opening statement?" 2 . OBJECTIONS. At any time during the opening statement, questioning of witnesses, or closing argument, either the representative for the business or the City Attorney may make an "objection" . The hearing board must make a ruling on the objection. If the objection is not clear, ask the objector for more explanation. If you wish, you may ask the other side to respond to the objection. The law provides that you "may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. [You] shall give effect to the rules of privilege recognized by law. [You] may exclude incompetent, irrelevant, immaterial and repetitious evidence. " 3 . OPENING STATEMENT. Ask the City Attorney if she wants to make an opening statement . When she is done, or if she says no, ask the representative from the business if he or she wishes to make an opening statement. 4 . CITY'S CASE. After opening statements, say that the City may call its first witness. (The City Attorney will identify someone to speak, who comes to the microphone. ) The speaker for the hearing board presents the oath: "Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?" The City Attorney will begin to question the witness. 5 . CROSS-EXAMINATION. When the City Attorney is done questioning the witness, the representative for the business should be asked if he or she wishes to cross-examine the witness. If so, then when that is done, the City Attorney must be asked if she has any "redirect" . If so, when it is done, the representative for the business should be asked if there are any further questions. Keep asking each party in turn if there are any further questions until each says no. The hearing board members also have the right to interrupt at any time to ask questions. 6 . OTHER WITNESSES. The City Attorney calls her second witness. This witness is given the oath, and questioning proceeds as above. The same procedure is followed for all her witnesses. 7 . LICENSEE'S CASE. When the City Attorney says she is done or "rests" , it is the business' s turn. Each witness is called to the microphone, given the oath, and questioned by the representative of the business. The City Attorney is given 2 the opportunity to cross-examine. This follows the procedures set forth above in paragraphs 4, 5, and 6 . 8 . REBUTTAL. First the City Attorney, and then the representative of the business, shall be given the opportunity to submit "rebuttal" evidence, which is simply more testimony to refute something an earlier witness said. 9 . OTHER QUESTIONS BY BOARD. Any questions by the hearing board should have been asked by now. If any remain, ask them. Keep in mind that no factual information or evidence may be used in making your recommendation to the City Council unless it is stated or presented during this hearing. 10 . CLOSING ARGUMENT. The City Attorney is invited to make a closing argument . When she is done, the representative for the business is invited to make a closing statement . 11 . Now everybody is done except the hearing board. The hearing board has to issue a report of the facts it heard, and may make a recommendation as to a penalty. (The hearing board may want to request staff or the representative of the business to prepare a draft report for it . ) Penalties for a first violation are limited to two: suspension of the tobacco license for up to 10 days and imposition of a civil fine of up to $200 . When the report is approved by the hearing board, it will be forwarded to the City Council, with copies to all parties . 12 . At the conclusion of the hearing, the hearing board also may wish to set time frames for preparation and mailing of the report, and schedule a minimum 10-day period for filing exceptions . A reasonable timeframe would have a draft report sent to the hearing board members on *, comments due back on *, and the City Council considering the report, exceptions, and arguments at its *, 199* meeting. [5MEMO] 3 Scott Joint Prosecution Association #Li Patrick J. Ciliberto • Lisa A. Skoog • Kari A. Lindstrom 129 South Holmes Street P.O. Box 197 Shakopee, Minnesota 55379 (612)445-7724 - (612) 445-7728 (Fax) . June 14, 1996 Ms . Jean Gramling Mr. David Iverson City of Savage City of Belle Plaine 6000 McColl Drive 420 East Main, P.O. Box 6 Savage, MN 55378 Belle Plaine, MN 56011 Mr. Stephen King Mr. Richard Powell City Administrator Prior Lake Police Department City of Savage 16200 Eagle Creek Avenue S .E. 6000 McColl Drive Prior Lake, MN 55372 Savage, MN 55378 Ms. Kay Kuhlmann Mr. Barry Stock City of Jordan Acting City Administrator Jordan Government Center City of Shakopee 210 East First Street 129 South Holmes Street Jordan, MN 55352 Shakopee, MN 55379 Dear Board Members : The recent notice of the 1996 League of Minnesota Cities City Achievement Award to the SJPA caused me to realize that we will be "celebrating" our five year anniversary date this coming fall . Such an award and recognition could not have been achieved without the efforts of all entities involved; our police departments, the respective city mayors and councils who gave their approval to a new and original concept in 1991, and of course you SJPA Board Members . On behalf of myself and the other members of this office, I would like to personally thank you for your support and the time you have provided to making this organization successful . When you notify your respective city mayors and councils of this award, Prosecuting Attorneys for the Cities of: Belle Plaine • Elko •Jordan • New Market • Prior Lake • Savage • Shakopee Page 2 of 2 June 14, 1996 please consider informing them that this award is viewed as a reinforcement of our commitment to providing the same level of service in the future that the 1996 LMC City Achievement Award was based on. V t'uly yours, Patrick J. Ciliberto PJC: lal BUSINESS UPDATE FROM CITY HALL Volume 10 No. 7 Dear Chamber Member: July 1, 1996 Administration Community Development At an extra meeting on June 6th, City Council Board of Adjustment and Appeals approved an employment contract with Mr. Mark McNeill to fill the City Administrator At its June 6, 1996,meeting,the Board of position. Mr. McNeill will start full time on Adjustment and Appeals approved a Conditional July 22, 1996. Use Permit for the Shakopee Ballroom to allow minor commercial recreation in the Highway At their regular meeting on June 18th, City Business (B-1)zone; a Conditional Use Permit to Council adopted a resolution of appreciation allow an over height fence in the Major Recreation (MR)zone;and a Conditional Use Permit to allow to Ms. Aggie Unze, Mr. Richard Mertz, Mr. retail sales in the Agricultural Preservation(AG) Virgil Mears, and Mr. Joe Ries, for their time zone. The Shiely Company 1996 Plan of and efforts in searching for and presenting five Operations Annual Review was also approved. final candidates to the City Council for their consideration for the city administrator Planning Commission position. At its June 6, 1996,meeting,the Planning City Clerk Commission recommended to the City Council the approval of the preliminary and final plat of Valley Park 12th Addition;the approval of the rezoning of At their regular meeting on June 4th, City seventy(70)acres of land from Agricultural Council adopted a resolution of appreciation Preservation(AG)zone to Urban Residential(R- to Rose Mertz who recently retired after 16 1B)zone(Orrin Thompson);the approval of the years of employment with the City; and, they Final Plat for Maple Trails Estates 2nd Addition, approved temporary beer licenses for annual subject to conditions;the approval of the Final Plat festivals for St. Mary's and St. Mark's for Orchard Park 3rd Addition, subject to churches. conditions;the approval of a Text Amendment to modify the standards for governmental, At their regular meeting on June 18th, City institutional and recreational signs in all Council approved beer, wine and liquor Residential zones; and the approval of a Text license renewals beginning July 1, 1996. They Amendment to allow the creation of lots that abut also approved a new liquor license for the their full frontage on either a publicly dedicated Shakopee Ballroom and Banquet Center. street or private driveway dedicated or reserved for providing access. At their regular on June 18th, City Council Action regarding the following items was adopted a resolution of appreciation to Mr. continued to the June 6, 1996,meeting, Samantha Barry Stock for 13 years of service. Mr. Woods Addition Preliminary Plat;modifying the Stock recently accepted a position with the zoning regulations for some restaurants and City of Savage. taverns that serve alcohol; and modifying the Zoning Regulations for building materials to allow metal buildings. A Planned Unit Development(PUD)concept was Delano, Minnesota is being purchased through reviewed. Earl F. Anderson, Inc. of Bloomington. The equipment will be fully installed and ready to Other business included: use by August 30, 1996. Landscape Structures will conduct a "photo shoot" of the equipment The Planning Commission discussed revising the in Lions Park and feature it in its sales catalog. street naming policy. The catalog is distributed throughout the world including the US, Japan and many European nations. Engineering/Public Works New playground equipment will be installed in The 1996 Street Reconstruction Project is Timber Trails Park this summer. Residents scheduled to begin the week of July 8th. The from the neighborhood helped select the contractor will begin his operations on 5th equipment for the park. The equipment is Avenue between Holmes& Spencer Streets. being purchased from Landscape Structures. A small basketball court area will also be Staff is presently designing the 10th Avenue added. The project is being funded through Storm Sewer and Overlay Project -between the City's Park Reserve Fund. C.R. 17 and Shakopee Avenue. This is a non-assessed improvement project being paid Police for with the Storm Drainage and Pavement Preservation Funds. Safety concerns regarding traffic slow downs and parking on the shoulders of Hwy. 101 due City Council has authorized the design of a to motorists watching the Wild Thing roller sanitary trunk sewer line to serve proposed coaster, have prompted the posting of new developments south and east of the new regulatory"no parking" signs along Hwy. 101 St. Francis Regional Medical Center. Council and violators are being cited. Enforcement is has also ordered a public hearing to be set to being shared by MN State Patrol and consider the construction of Maras Street Shakopee Police Department. Shakopee located at the east end of Shakopee, south of officers have written six citations between 13th Avenue. May 1st and June 13th, statistics from MN . State Patrol are unknown. Other traffic Park & Recreation problems on the stretch of highway include two person injury accidents, 1 property damage accident, and 8 other complaints from The Shakopee Lions Club will be installing new playground equipment in Lions Park this drivers. Failing to obey a regulatory sign is a summer. The equipment will be located on the moving violation with a fine of$68.50. north end of the park where the sand Welcome New Code Enforcement Officer- volleyball courts are currently located. The Les TenEyck is our new Code Enforcement volleyball courts will be moved to the site of Officer. He will work approximately 20 hours the existing playground. The Lions Club has per week, and be patrolling the community for dedicated $60,000 towards the purchase and storage of refuse and junk vehicles, and other installation of the new equipment. The unsightly violations. equipment is made by Landscape Structures in MEMORANDUM TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: 1997 Municipal Contribution to Firefighters Relief Association DATE: June 25, 1996 I have received the completed Office of State Auditor Schedule I-II For Lump Sum Pension Plans for 1997 from the Shakopee Firefighters Relief Association. The City's contribution to the Relief Association for 1997 is $47,856.00, pursuant to the approved bylaws of the Association. This information is being provided as a requirement of Schedule I-II. Failure on the part of the Relief Association to file the Schedule I-II with the State Auditor will result in ineligibility of state fire aid. Please direct any questions to the Finance Director. 7 MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney, Public Works Director L J � SUBJECT: Final Invoice for Cooperative Agreement No. 70463 (Mn/DOT- Shakopee Bypass) DATE: June 26, 1996 MEETING DATE: July 2, 1996 NON-AGENDA INFORMATIONAL ITEM: Please find attached to this memo, letters from Mn/DOT Agreements Engineer, in regard to the above referenced final invoice of Cooperative Agreement No. 70463 between Mn/DOT and the City of Shakopee. This agreement with Mn/DOT is for the City's costs associated with the pond, swale, storm sewer and sidewalk construction by the State on County State Aid Highway (CSAH) 17 and County Road (C.R. 83) at their intersection with proposed Trunk Highway (T.H.) 101 (Shakopee Bypass). This work was associated with the contract done by Lunda Construction Company and associated with the bridges on the County road intersections. Per the Cooperative Agreement, upon completion and acceptance of the contract by the State, the State prepares a final Schedule I and submits an invoice to the City. Staff would like to point out that the initial preliminary estimate for City cost participation was $822,946.69. After the bids were received, a revised estimate was given to the City in the amount of $610,422.39. The initial final invoice from Mn/DOT had the City cost participation final amount to be $648,167.74. Upon review of the State's quanitities and review of the plans, staff did find an error in computations by the State, and the revised final invoice was reduced by approximately $30,000.00 to the final amount of $617,436.21. This error was detected by staff, and in particular by the work of one of our summer interns, Mitchell Wostrel. Upon receipt of the final invoice, staff will submit this to the Finance Department for final payment. This memo is intended to be for informational purposes only. BL/pmp INFORM 't Minnesota Department of Transportation ( Office of Technical Support °F Municipal Agreements Unit, MS 682 Fax:612/296-1805 395 John Ireland Boulevard St. Paul, MN 55155-1899 CiT' . (612)296-0969 Q joie OFSy, Mailstop 682 a.S Op June 21, 1996 e .1,998, i. C / ems 1 Mr. Bruce Loney Public Works Director City of Shakopee 129 E. First Avenue Shakopee, MN 55379-1376 RE: Coop. Const. Agree. No. 70463 City of Shakopee S.P. 7005-54 (T.H. 101=187) S.A.P. 166-020-04 Fed. Proj. NH5407(31) City cost pond, swale, storm sewer and walk construction by the State on C.S.A.H. 17 and C.R. 83 at their intersection with proposed T.H. 101 (Shakopee Bypass) Dear Mr. Loney: Enclosed is a copy of our final cost schedule for the above referenced agreement. The costs have been extracted from Final Contract Voucher No. 18 for Mn/DOT Contract No. S93081. A comparison of costs for this agreement is as follows: Preliminary Estimate $822,946.69 Revised Estimate $610,422.39 Final $617,436.21 According to our information, the City has paid $610,442.39 to the State. The State will be invoicing the City in the amount of$6,993.82 in the near future. If you have any questions regarding the final costs, please contact this office. Sincerely, Z tpij pA.4,;,_„....../ '— Patricia J. Schrader Municipal/Utility Agreements Engineer Enc. An equal opportunity employer (t(1) Minnesota Department of Transportation Office of Technical Support Municipal Agreements Unit, MS 682 Fax:612/296-1805 395 John Ireland Boulevard St. Paul, MN 55155-1899 (612)296-0969 Mailstop 682 0 May 9, 1996 Qtop �'Op Mr. Bruce Lowey 4996, Public Works Director ' fr City of Shakopee ' ,f ,'JJ 129 E. First Avenue i' Shakopee, MN 55379-1376 RE: Coop. Const. Agree. No. 70463 City of Shakopee S.P. 7005-54 (T.H. 101=187) S.A.P. 166-020-04 Fed. Proj. NH5407(31) City cost pond, swale, storm sewer and walk construction by the State on C.S.A.H. 17 and C.R. 83 at their intersection with proposed T.H. 101 (Shakopee Bypass) Dear Mr. Lowey: Enclosed is a copy of our final cost schedule for the above referenced agreement. The costs have been extracted from Final Contract Voucher No. 18 for Mn/DOT Contract No. S93081. A comparison of costs for this agreement is as follows: Preliminary Estimate $822,946.69 Revised Estimate $610,422.39 Final $648,167.74 According to our information, the City has paid $610,442.39 to the State. The State will be invoicing the City in the amount of$37,725.35 in the near future. If you have any questions regarding the final costs, please contact this office. Sincerely, Patricia Patricia J. Schrader Municipal/Utility Agreements Engineer Enc. An equal opportunity employer MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney,Public Works Director 6 SUBJECT: Scott County Transportation Agenda for June 27, 1996 DATE: June 26, 1996 MEETING DATE: July 2, 1996 NON-AGENDA INFORMATIONAL ITEM: Attached to this memo is an agenda for the Scott County Transportation Committee which will meet on June 27, 1996 at 8:00 A.M. On this agenda are transportation issues that affect the City of Shakopee. These issues are in regard to speed limits along nearby schools and in residential areas on County Road 17 (C.R.) and C.R. 79 and C.R. 15. City staff plans to attend this meeting to provide input as necessary and receive information from the Committee as their proposed recommendations in these areas. This memo is intended for Council information. BL/pmp COUNTY SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION sr HIGHWAY DEPARTMENT 600 COUNTRY TRAIL,EAST GARY L. CUNNINGHAM JORDAN,MN 55352-9339 COUNTY ADMINISTRATOR (612)496-8346 BRAD CARSON Fax:(612)496-8365 ASSOCIATE ADMINISTRATOR AGENDA TRANSPORTATION COMMITTEE June 27, 1996 Administrative Library 8:00 AM - 9:30 AM 1. Call to Order 2. Approve Minutes of May 23, 1996 Meeting* 3. Approve Agenda 4. Speed Limits on County Highways within an "Urban District"- Discussion* 5. CSAH 17/School Speed Zone/Crossing Study - Status 6. Public Works Report - CSAH 9 Bridge over Minnesota River- Status* - CSAH 27 Corridor Study- Status - CSAH 46 @ CSAH 2 Accident Data* - CSAH 15 @ CR 78 Accident Data* - Other Items 7. County Road Turnbacks - Status 8. Procedure for Setting Letting Dates on Projects 9. Catastrophic Events - Building Permit Fee Guidelines - Discussion 10. Other Business 11. Adjourn * Materials enclosed c: Commissioners: Malz, Underferth & Mackie Tracy Cervenka, Recording Secretary JF-WPOOCSIMISCITRANCOMM ACG An Equal Opportunay/Safety Aware Employer MINNESOTA • 46 HOUSING 41/11* FINANCE AGENCY June 24, 1996 " JUN 2 7 1996 The Honorable Jeff Henderson Mayor City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 RE: LOW INCOME HOUSING TAX CREDIT PROGRAM ARLINGTON RIDGE TOWNHOMES, SHAKOPEE MHFA #96010 Dear Mayor Jeff Henderson: The Minnesota Housing Finance Agency (MHFA) has received a proposal for an allocation of Low Income Housing Tax Credits through the MHFA' s Low Income Housing Tax Credit Program for the above referenced development (s) located in your community. Attached is an outline of the proposal as submitted. The Low Income Housing Tax Credit Program was created by the United States Congress to encourage the production and rehabilitation of rental housing for low and moderate income people. Owners and investors in qualified rental property are able to reduce their federal tax liability in exchange for providing rental housing for low income tenants. As part of the selection process, the MHFA is interested in receiving your community' s comments regarding the development (s) . Please provide any comments you may have on this proposal to the MHFA by July 3 , 1996 . If you have previously commented on this proposal, it is not necessary to do so again unless you wish to add new or additional information. Please address your comments to: Minnesota Housing Finance Agency Low Income Housing Tax Credit Program Multifamily Underwriting 400 Sibley Street, Suite 300 • St . Paul, MN 55101 If you have any questions, please call Susan E. Haugen at (612) 296-9848 or Diana Lund at (612) 296-7991. Thank you in advance for your time and consideration. Sincerely, Katherine G. Hadley Commissioner 400 Sibley Street, Suite 300,St.Paul, Minnesota 55101 (612)296-7608 Telecommunications Device for the Deaf(TDD)(612)297-2361 • Equal Opportunity Housing and Equal Opportunity Employment City: SHAKOPEE Development Name: ARLINGTON RIDGE TOWNHOMES Location: TAYLOR / 13TH STREET Developer: ARLINGTON INVESTMENTS MN I L.P. Proposed Proposed Unit Mix Rents Efficiency/SRO: 1 Bedroom: 2 Bedroom: 33 575 3 Bedroom: 11 670 4 Bedroom: TOTAL: 44 Number of Buildings: TWO New Construction © Substantial Rehabilitation II Target Market: Family Elderly • Other I • • MHFA FORM UHC-18 16 MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney,Public Works Director /3 SUBJECT: Dallas Townhome's Berm Construction DATE: June 27, 1996 MEETING DATE: July 2, 1996 NON AGENDA INFORMATIONAL ITEM: This memo is an update as to the status of the berm construction for the Dallas Townhome's development. As per the approved grading for the development, a berm to a certain height is to be constructed for noise mitigation along the Shakopee Bypass. This berm has not been constructed, as of yet, as the developer chose to wait until Mn/DOT and its contractor was done grading in this area. The grading in this area has been complete, and the developer has indicated to staff, that he will be proceeding with the berm construction for the Dallas Townhome's site. The City does have security for the remaining items, such as berm construction and sidewalk construction, along Vierling Drive in this development. It has also been indicated to staff that the berm construction should be starting on June 27, 1996. The developer for this project is Dale Dahlke, who is a Shakopee resident, and has done numerous developments in the City of Shakopee. The developer felt it was best to grade the berm after Mn/DOT was done, in order to properly match or blend in his grading to the Shakopee Bypass grading. Staff has been in contact with the association board members and have notified them of the status and have not heard any problems associated with the proposed completion of the berm for this site. BL/pmp BERM */ 1 NON-AGENDA INFORMATIONAL MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 27, 1996 RE: Lewis v. City of Shakopee A month or two ago the City received notice that the Minnesota Department of Human Rights had dismissed the age discrimination complaint filed by Kathy Lewis against the City. Ms. Lewis also had filed a complaint with the federal Equal Employment Opportunity Commission. We now have received notice from the EEOC that they also have dismissed her complaint. This finally wraps up the matter (unless Ms. Lewis chooses to file suit in court) . If you have any questions regarding this, please let me know. Signed 41,10m Karen Mar , ity. torney KEM:bjm ' [2 7MEMO] NON-AGENDA INFORMATIONAL MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: Liquor License Expansion- The Main Event DATE: June 28, 1996 The City has received a request from Mr. Stich, President of the Main Event, to expand his license to allow the serving of liquor on the deck recently constructed onto his establishment. Liquor licenses are issued for the sale and consumption within a specific structure at a specific location. Mr. Stich faxed his letter to me late Thursday afternoon. There are security and other issues that staff would like to address before City Council discusses this request. Staff will put this on the July 16th agenda. 06/27/96 16:24 FAX fih001 .. 4,:;,.._ _ - — n . . ... t,.... .,. ,_. The Main Event R , - - . ..: ,..4, u, ,,.,,. ,..,,,'7, - :'''''.:2", - Sports Bar and G rill „: 4...\,z, _.„ ,-- :,„. -. , ..,. a„.-.p. '' 911 East First Avenue • Shakopee, MN 55379 :4--,„ .~ _ Phone- (612) 496-9044 Fax- (612) 496-3991 6/26/96 City of Shakopee Ann: Judy Cox 129 Holmes Street South Shakopee,MN 55379 Dear Judy, Last month I applied for a building permit to construct a deck on the west side of my building. I applied with the city,and was granted permission to construct. Upon inspection,everything was ok'd by the city inspector. Then,last week,in a conversation with you,you asked if I would be serving liquor on the deck_ Obviously that was my intention from the start. You then advised me that I must amend my liquor license application to include the deck,and must do so with the Mayor and the City Council. You also included that talking to the Chief of Police might not be a bad idea, either. I spoke to the chief,and he commented that since this property has been The Main Event Sports Bar&Grill,the number of police calls has dropped quite substantially compared to prior tenants of this property. I also informed Chief Stieninger that any time there's anything I can do to work with the police,I'm always more than cooperative,and willing to assist them in any way. Regarding the deck,the chief had some concerns regarding minors and an outside alcohol issue_ But I assured him that when alcohol is being served on the deck,there will be security present to assure no passing of liquor to minors. Also,there will be no outside entrance to the deck,so all people that go on the deck must first come through the bar_ I'm confident that any liquor issues on the deck will be dealt with by myself and my staff,and this deck will be an asset not only to my business,but to the community as well. At this time,I ask that I be put on the July 2nd, 1996 agenda for the City Council meeting,and that my liquor license be amended to include my newly build 18'X 36'deck. If anyone from the city would like to personally take a look at the new deck,or has any reservations regarding this deck, they are more than welcome to stop in and check it out,or call me. lid be more than willing to help answer any questions they might have. Also,I understand that by including this area to my liquor- serving square footage,it increases my license fee. I have no problem paying the additional charge. Thank you,and I look forward to attending the July 2nd City Council Meeting. Sincerely, di— -e3PZ644— John Stich,President The Main Event of Shakopee,Inc. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JULY 2, 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 Minutes : None >7] Approve Bills in the Amount of $320, 201 . 42 8] Communications : • >a] Joel Cole regarding presentation of key to the Prime Minister of the Faroe Islands - Res . No. 4464 9) Public Hearings : None 10] Recommendations From Boards and Commissions : None a) City Code Amendment Relating to Signs - Ord. No. 458 b] City Code Amendment Relating to Lots Abutting Publicly Dedicated Streets - Ord. No. 457 c) Rezoning of 70 Acres located directly east of the new St. Francis Regional Medical Center - Ord. No. 459 d] Preliminary Plat of Prairie Village located directly east of the new St . Francis Regional Medical Center - Res . No. 4461 11) Reports from Staff: a] Playground Equipment for Lions Park >b] Fire Referendum Bonds - Res . No. 4459 c] Playground Equipment for Timber Trails Park d] McKenna Road Construction Within City Limits, Project 1996-7 - Res. No. 4462 e) 1997 Budget Schedule TENTATIVE AGENDA July 2, 1996 Page -2- 11] Reports from Staff continued: f] Authorization of Feasibility Report for Improvements to Vierling Dr. , Taylor St . and Polk St. - Res . No. 4463 >g] Storm Water Trunk Charge For New Developments >h] Resignation of Karen Marty, City Attorney i] Floating Holiday Reimbursement to Dave Rutt j ] Designating Acting City Administrator July 4 - July 6 12] Routine Resolutions and Ordinances : >a] Res . No. 4460 - Premises Permit for Shakopee Lions Club >b] Ord. No. 460 - Adopting A Summary of the Pawnshop Ord. >c] Res . No. 4458 - Support for St. Mary' s Health Clinics 13] Other Business : a] b] c] 14] Adjourn to Tuesday, July 9th, 1996 at 6: 00 P.M. V. Paul Bilotta 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. TO: Paul Bilotta, Acting City Administrator FROM: Gregg Voxl'and, Finance Director RE: City Bill List DATE: June 27, 1996 Introduction and Background, Attached is a print out showing the division budget status for 1996 based on data entered as of 6/27/96 . Unallocated expense is showing 99% expended because it includes an insurance premium which has not yet been allocated to departments . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the attached bill list is the below listed educational reimbursement for employees . Employee Class Cost Julie Baumann Urban Planning Studio $340 .40 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 $17, 199 .74 . Action Requested Move to approve the bills in the amount of $320, 201 .42 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/27/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 2,709 24,482 29 12 CITY ADMINISTRATOR 215,490 27,293 102,464 48 13 CITY CLERK 132,040 6,685 52,134 39 15 FINANCE 307,410 49,121 151,957 49 16 LEGAL COUNSEL 260,030 18,265 82,402 32 17 PLANNING 457,930 16,646 119,596 26 18 GENERAL GOVERNMENT BUILDINGS 132,510 14,743 63,514 48 31 POLICE 1,588,500 66,139 697,172 44 32 FIRE 418,670 20,638 155,959 37 33 INSPECTION-BLDG-PLMBG-HTG 228,930 14,530 91,774 40 41 ENGINEERING 407,760 13,840 147,815 36 42 STREET MAINTENANCE 775,720 23,703 242,189 31 44 SHOP 116,650 4,978 40,294 35 46 PARK MAINTENANCE 304,660 16,983 117,368 39 91 UNALLOCATED 436,340 173,885 432,406 99 TOTAL GENERAL FUND 5,865,730 470,157 2,521,528 43 17 PLANNING 463,400 5,742 155,497 34 TOTAL TRANSIT 463,400 5,742 155,497 34 1 r1 a) i fa a L-1 4 x xxxxx x x x 2 x x 2 2 x x x x x x 0 00000 0 0 0 00 0 0 00 00 0 0 0 0 0 0 a W O :o ax 0 z Wsr o, U O M H 01 M M M M M 0 a0 H H in N N M M sr Lfl sr w co N O 00 N N N N N a) a1 H 01 01 a N 01 01 a1 a1 a1 a1 N 01 lD 01 :> Ln l0 l0 l0 l0 t0 10 U) de Ln Ln a1 0 Ln Ln N Ln 10 Ln C` Ln co in Z.e N N N N N N H N N N N N LO N N N N N N 0 N N N H 0 0 0 0 0 0 N 0 H 0 0 0 0 0 0 0 0 0 0 H 0 N 0 0 0 0 0 0 0 L11 O O 0 0 H O1 0 0 0 0 0 0 a] 0 0 0 O rir-I ri r-1H 0 N 0 0 0 0 Lfl - 0 0 0 0 N 0 0 N 0 H H H NNNNN H N 1 H H H M 01 M 01 M N 01 H N H N Z.C4 V M M M M M m sr N N N N sr M M M M d. m m sr m N '.7 W sr sr sr sr sr sr V M d' sr sr sr sr sr sr ' sr M si' sr m sr M 0 CCI I I I I I Ii I I I I I I I I I I I 1 I I O£ sr r-I r-I ri ri ri N 01 H H0 N sr HH HH O1 H s' 01 H H O ) a) HN NNH o H N NH Lfl L- N N N N H N N H N 0 4 Z H M M ri ri sr H 00 M M M N H M M M M 00 H 10 as sr 0 0 00000 0 N 0 00 0 0 00 00 N 0 0 N 0 01 z z z z 0 H H H H z z z H H H H U a aWW U W Z H Ul U] Ul 4 \W 0 \W \ H H 0H Ix Ul W HH H 0 0z OZ U] 0 a Un c4 H W W H a s a a 0 W 0 W W 0 W W W 04 Ul H z as a \ xH xH H x m H Ca H H H a 0+ 04 U) U CO Urn H 0 H C4 a H 4 Z al H Ul H H Ul H W O aC > X W Ul Cl) 0 \U] \Ul ✓ \ > Ul CO Z H H W CO W U) H W Z H z z W W W W W W 0 H H CD 0 C. 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M H U) 0 H .cr. 1/4.0 0 1/40 UI H 0 N N 1.0 01 O H N N N O N M O a' H 1.11 t0 W 01 01 N 10 CO H d' 01 H H U1 M 0 0 01 N U1 10 10 10 0 0 U1 dr H d' CO H 0 LT 0 01 N M N LT LT LT 14 U1 N 0 M H d' N 0 1/40 LT H H LT LT H LT N N N LT LT LT M v LT LT 01 1/40 01 01 H 0) c H H ril 0 Z 0 O H HH E a w a H E a X El al 4 al Z H 0a' a a a. w 3 4 [t. a 4 a > al z [� >+ a. H U H •tJ 0 H 'Z. 0 FC 0 H 4 0 U, ClR4 al X >� 0 a. H X LI al 0 al Z H ZX Cil E-4 C U 10 H '.7 144 c4 cn z a 4 01 0 rn. 0 a0 0 w a 4 x <A a o1 .4 H as as Cl) C) El U A H oa H Cl) m a a al 0 al Z H w H UI N 01 0 0 0 0 0 0 O 0 H N N M M C H M V' 10 d' 0 H w w w v. w N N N N ao H 34 k 4# Yt 4rt 3t 4t 3t 1t 3t it t 0 Z zzzzzzEZzzzz o w a. a fs. a] w as. as. w w w w ?a, Dear City Council Member, Several weeks ago I attended a city council meeting at which the counsel presented a high school student with a key to the city and a resolution offering support for this student's travel to the country of Finland and her acting as an international goodwill ambassador of Shakopee. I was pleased with the vision the council showed in looking beyond their own geographical boundaries and recognizing the powerful, cyclical benefits of fostering domestic and international diplomacy. With this in mind, I introduce to you a cultural and artistic exchange program being developed by individuals in Shakopee, Minnesota and Torshavn, Faroe Islands. During the past 10 years, Shakopee (and surrounding communities) has sponsored 4 students to the Faroe Islands through the Rotary Youth Exchange Program. And as you read in last week's paper, Jason Garness, a recent graduate and organizer of a downtown cafe, will spend a year in the islands starting in July. Recognizing the growing social ties between the regions, I felt it logical to pursue a more systematic means with which to introduce Faroese to Minnesota, and Minnesotans to Faroe. This pursuit led to a comprehensive correspondence with Roi Patursson, high school principal and winner of the 1986 Literary Prize for Poetry from the Nordic Council. Mr. Patursson is interested in exploring an artistic and cultural exchange program which would allow young people from both countries an opportunity to examine a foreign country through the universal language of creative expression. Mr. Patursson brings to the negotiating table the resources of his school and his experience in the teaching/writing professions. On this side of the Atlantic, the Shakopee Community Arts Council is interested in exploring this exchange program with possible involvement in the program's administration, publication, and scholarship facilitation. If the city of Shakopee were to officially open dialogue by exchanging keys with her "sister" city, Torshavn, and compose a resolution supporting continued dialogue on mutually beneficial issues, the success of this, and future projects, would be all but guaranteed. Please continue promoting international awareness by granting this request. eel, , • Cole hakopee Resident Board Member/Shakopee Comm. Arts Council 94i RESOLUTION NO. 4464 A RESOLUTION PRESENTING THE KEY OF THE CITY OF SHAKOPEE TO PRIME MINISTER EDMUND JOENSEN OF THE FAROE ISLANDS WHEREAS, cultural and social connections have already been established between Shakopee, Minnesota, U.S.A. and the archipelago know as Faroe Islands; and WHEREAS, Joel Cole, a citizen of the City of Shakopee, Minnesota, U.S.A., and the Shakopee Community Arts Council are advocating joint Faroese/Minnesota programs promoting better international and cultural understanding; and WHEREAS, Joel Cole will be visiting the Faroe Islands during the months of July and August; and WHEREAS, the City Council of the City of Shakopee desires Joel Cole to carry the best wishes of the citizens of the City of Shakopee to the Faroe Islands signified by the presentation of the key to the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Joel Cole is hereby designated the City's ambassador of goodwill to the Faroe Islands. BE IT FURTHER RESOLVED that Joel Cole is hereby directed to present the key to the City of Shakopee to Prime Minister Edmund Joensen and the good and gracious people of the Faroe Islands as a symbol of the City of Shakopee's support of programs that foster better international understanding. Adopted in regular session of the City Council of the City of Shakopee held this 2nd day of July, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney /6a MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: R. Michael Leek,Planner II MEETING DATE: July 2, 1996 RE: Proposed Zoning Ordinance Text Amendment to Modify the Standards for Governmental, Institutional and Recreational Signs in Residential Zones, City Code Section 11.70, Subdivision 9. INTRODUCTION At its May 9, 1996, meeting, a proposed text amendment to modify the standards for Governmental, Institutional and Recreational Signs in Residential Zones was reviewed by the Planning Commission and staff was directed to make certain modifications. At its June 6, 1996, meeting, the Planning Commission recommended to the City Council approval of the proposed text amendment to Section 11.70, Subd. 9. A copy of the June 6,'1996, Planning Commission memo has been attached for your reference. DISCUSSION The Zoning Ordinance Text Amendment proposes to: • Add to the standards for Governmental, Institutional, and Recreational Signs and remove the language "commercial recreation" contained in Section 11.70, Subd. 9, Item D., as follows: (proposed text is shown in italics, deleted text has been stricken.) "D. Governmental, institutional,and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, or public recreation Of commercialtion facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line. One wall or free-standing sign or message board, not to exceed 100 square feet and set back at least 10 feet from any right-of- way line, shall be permitted for an entity that has multiple facilities that provide public activities. The sign shall be limited to one location with a minimum lot size of 10 acres, and shall be limited to describing information and activities occurring on- site or at the entity's other facilities only, or copy as allowed under Section 11.70, Subd 4." • Add Item G. to include the standards for"commercial recreation" signs deleted from Item D. above, as follows: "G. Commercial Recreation Signs One signor message board per entrance up i Such to a maximum of four per structure for a commercial recreation facrl ty sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line." Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criterion 1. That the original Zoning Ordinance is in error; Finding 1. The original Zoning Ordinance is not in error. Criterion 2. That significant changes in community goals and policies have taken place; Finding 2. Significant changes in community goals and policies have taken place in that the school district has received numerous comments and requests for a school district sign capable of posting educational and community information and events, and the current signage requirements would not allow for a sign of this type and size. Criterion 3. That significant changes in City-wide or neighborhood development patterns have occurred; or Finding 3. Significant changes in City-wide or neighborhood development patterns have not occurred. Criterion 4. That the comprehensive plan requires a different provision. Finding 4. The proposed text amendment appears to be consistent with the 1980 Comprehensive Plan and the 1995 draft Comprehensive Plan. ALTERNATIVES 1. Adopt the proposed text amendment to City Code Chapter 11, Section 11.70, Subd. 9 (Governmental, Institutional and Recreational Sign Standards in Residential. Zones) as recommended by the Planning Commission. 2. Modify the proposed text amendment, and adopt the revised text amendment to Section 11.70, Subd. 9 of the City Code. 3. Do not adopt the proposed text amendment. 4. Table the decision and request additional information from staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 458, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 11,Zoning, Section 11.70, Signs, and move its adoption. i:\commdev\cc\1996\cc0702\signtext.doc : MEMO TO: Shakopee Planning Commission II FROM: Nicole Bennett,Planner I MEETING DATE: June 6, 1996 RE: Proposed Zoning Ordinance Text Amendment to Modify the Standards for Governmental, Institutional and Recreational Signs in Residential Zones, City Code Section 11.70, Subd. 9 Introduction At its May 9, 1996, meeting, the Planning Commission closed the public hearing; directed staff to remove the language related to commercial recreation from Section 11.70, Subd. 9, Item D.; and directed staff to add language to include public service announcements as allowed messages for the proposed sign text amendment. Staff has made the directed changes and is proposing a Zoning Ordinance text amendment to Section 11.70, Subd. 9. Discussion The Zoning Chapter, Chapter 11, of the City Code was adopted by the City Council on June 7, 1994. Staff is proposing an amendment to City Code Section 11.70, Subd. 9, to include specific standards for large governmental, institutional, and recreational entities with multiple facilities in residential zones. The Planning Commission directed staff to include"public service announcements" v.ithin the proposed standards. Public service announcements are covered by Section 11.70, 5:=gid. 4 which allows for ideological and non-commercial copy on any sign permitted under t: sign ordinance. Therefore, a reference to Subd. 4 within Subd. 9, Item D., should adequately cover that provision. The current text in Section 11.70, Subd. 9, of the City Code has been attached as Exhibit A. The Zoning Ord:.ince Text Amendment proposes to: • Add to the s:::ndards for Governmental, Institutional, and Recreational Signs and remove the language -.commercial recreation" contained in Section 11.70, Subd. 9, Item D., as follows: (proposed text is shown in italics, deleted text has been sten.) "D. Governmental, institutional, and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, or public recreation of commercial recr.Nation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line. One wall or free-standing sign or message board, not to exceed 100 square feet and set back at least 10 feet from any right-of-way line, shall be permitted for art entity that has multiple facilities that provide public activities. The sign shall be limited to one location with a minimum lot size of 10 acres, and shall be limited to describing information and activities occurring on-site or at the entity's other facilities only, or copy as allowed under Section 11.70, Subd 4." • Add Item G. to include the standards for "commercial recreation" signs deleted from Item D. above, as follows: "G. Commercial Recreation Signs. One sign or message board per entrance up to a maximum of four per structure for a commercial recreation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feetfrom any right-of-way line." Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criterion 1. That the original Zoning Ordinance is in error; Finding 1. The original Zoning Ordinance is not in error. Criterion 2. That significant changes in community goals and policies have taken place; Finding 2. Significant changes in community goals and policies have taken place in that the school district has received numerous comments and requests for a school district sign capable of posting educational and community information and events, and the current signage requirements would not allow for a sign of this type and size. Criterion 3. That significant changes in City-wide or neighborhood development patterns have occurred; or Finding 3. Significant changes in City-wide or neighborhood development patterns have not occurred. Criterion 4. That the comprehensive plan requires a different provision. Finding 4. The proposed text amendment appears to be consistent with the 1980 Comprehensive Plan and the 1995 draft Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the proposed Zoning Ordinance Text Amendment. 2. Recommend to the City Council the approval of the proposed Zoning Ordinance Text Amendment with revisions specified by the Planning Commission. 3. Table the decision and request additional information from staff. 2 STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council approval of the proposed text amendment to City Code Section 11.70, Subd. 9, Item D. (Governmental, institutional, and recreational signs in Residential Zones)and Item G. (Commercial recreation signs), and move its approval. 3 EXHIBIT A § 11.70 SEC. 11.70. SIGNS. Subd. 9. Residential Zone Regulations. The following signs shall be permitted in the residential zones: A. Nameplate signs. One sign not to exceed 2 square feet for an individual dwelling unit. One sign not to exceed 6 square feet for each group of six to twelve dwelling units. One nameplate sign not to exceed 12 square feet for each group of 13 or more dwelling units. No sign shall have more than two display surfaces. B. Area identification signs. One sign, not to exceed 24 square feet,for each entrance into the project area. C. Free standing signs. Free standing pylon signs are prohibited. D. Governmental, institutional, and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, public recreation, or commercial recreation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line. E. Temporary and directional signs. Temporary and directional signs as described above shall be permitted. F. Public recreation directional signs. Public recreation directional signs as described • above shall be permitted. ORDINANCE NO. 458, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11 . 70, SIGNS, SUBD. 9, RESIDENTIAL ZONE REGULATIONS, BY REPEALING PARAGRAPH D, GOVERNMENTAL, INSTITUTIONAL, AND RECREATIONAL SIGNS, AND ADOPTING TWO NEW PARAGRAPHS IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 11, Zoning, Sec. 11 .70, Signs, Subd. 9, Residential Zone Regulations, is hereby amended by repealing paragraph D, Governmental, Institutional, and Recreational Signs, and adopting one new paragraph in lieu thereof, which shall read as follows : D. Governmental, institutional, and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, or public recreation,ar commcrcial rccrcation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line. One wall or free-standing sign or message board, not to exceed 100 square feet and set back at least 10 feet from any right-of-way line, shall be allowed for an entity that has multiple facilities that provide public activities . Each entity shall be limited to one sign, which shall be placed in a location with a minimum lot size of 10 acres . The sign copy shall be limited to describing information and activities occurring on-site or at the entity' s other facilities only, or copy as allowed under Sec. 11 . 70 , Subd. 4 . Section 2 - That City Code Chapter 11, Zoning, Sec. 11 . 70, Signs, Subd. 9, Residential Zone Regulations, is hereby amended by adopting one new paragraph, which shall read as follows : G. Commercial recreation signs. One sign or message board per entrance up to a maximum of four per structure for a commercial recreation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line . Note : The otric]ccn language is deleted; the underlined language is inserted. Section 3 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 4 - 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 _ 1 Approved as to form: 00 ( 0 / City Attorney Published in the Shakopee Valley News on the day of , 1996 . [26MEMO] -2- MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: Julie Baumann,Planner I MEETING DATE: July 2, 1996 RE: Proposed Text Amendment to City Code Section 12.07, Subdivision 4.G INTRODUCTION At its June 6, 1996, meeting, the Planning Commission recommended to the City Council approval of the proposed text amendment to Section 12.07, Subd. 4.G. A copy of the June 6, 1996, Planning Commission memo has been attached for your reference. DISCUSSION The Zoning Ordinance Text Amendment proposes to revise the language in Section 12.07, Subd. 4.G to read as follows: "G.Location. All lots shall abut their full frontage on a publicly dedicated street, unless said lots are included within a Common Interest Community(CIC)." ALTERNATIVES 1. Adopt the proposed text amendment to City Code Section 12.07, Subd. 4.G as recommended by the Planning Commission. 2. Modify the proposed text amendment, and adopt the revised text amendment to Section 12.07, Subd. 4.G of the City Code. 3. Do not adopt the proposed text amendment. 4. Table the decision and request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 457, and move its adoption. i:\commdev\cc\1996\cc0702\lottext.doc L • MEMO TO: Shakopee Planning Commission FROM: Julie Baumann, Planner I {�J�,�' MEETING DATE: June 6, 1996 �iU{((/ RE: Proposed Zoning Ordinance Text Amendment to City Code Section 12.07, Subd. 4.G Introduction Gold Nugget Development has submitted an application for an amendment to the City Code. The request is to amend Section 12.07, Subd. 4.G of the City Code. Discussion The current text in Section 12.07, Subd. 4.G, of the City Code reads as follows (Please see Exhibit A) "G. Location. All lots shall abut their full_frontage on a publicly dedicated street. " The applicant is proposing the following language: "G. Location. All lots shall ohm their fill frontage on a publicly dedicated street or private driveway that has-been cicclicntecl or reserved for the purpose of providing access. " Upon review of this request, staff is proposing the following language: "G. Location. All lots shall abut their full frontage on a publicly dedicated street, unless said lots are included within a Common Interest Community(CIC). " A Common Interest Community(CIC) is outlined in further detail on Exhibit A. This exhibit is a memo from Karen Marty, City Attorney, explaining Common Interest Communities. This text, as proposed, would provide flexibility when developing uses such as twin homes and townhomes. Recent examples of such developments include Pinewood Estates and the townhomes within Prairie Bend. The current requirements of the Subdivision Regulations require that all lots abut a publicly dedicated street. Therefore, in projects similar to those previously mentioned, condominium associations were used to develop these properties. This process has been reported to be both confusing and costly to the developer. At its May 22, 1996, meeting, the Subdivision Review Committee (SRC) discussed possible solutions to this problem. As a result of its discussion, the following motion was approved "to recommend to the l'lr nn!i!; Commission to allow private streets and lots on private streets so long as an euscmc!!t !!!c'c h(n!l\1!l or CIC is in place to handle long term maintenance and care and allow rtiNic r!nciccr private streets. Standards should be developed including, hut not limiter/to r�icl!l!, ;c•!r;11!, said setback based on development type" Findings The City Council may grant a Zon n`. Ordinance Text Amendment when it finds that one or more of the following criteria exists Criterion 1. That the nri_ina! Znnin_ Ordinance is in error; Finding 1. The original Zoning Ordinance is not in error. Criterion 2. That significant changes in community goals and policies have taken place; Finding 2. If approved, this would be a change in policy. Historically, the city has been very anti-private streets, however many of the concerns that previously caused the"no private street" policy have now appeared to be resolved with the state law changes regarding Common Interest Communities. Criterion 3. That significant changes in City-wide or neighborhood development patterns have occurred; or Finding 3. Significant changes in City-wide or neighborhood development patterns have not occurred. Criterion 4. That the comprehensive plan requires a different provision. Finding 4. The proposed text amendment appears to be consistent with the 1980 Comprehensive Plan and the 1995 draft Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the Zoning Ordinance Text Amendment, as proposed by the applicant. 2. Recommend to the City Council the approval of the Zoning Ordinance Text Amendment, as proposed by staff 3. Recommend to the Citi- Council the approval of the Zoning Ordinance Text Amendment, with revisions specified by the Planning_ Commission. 4. Table the decision and request additional information from staff Staff Recommendation Staff recommends Alternative No. 2. Action Requested Offer a motion to recommend to the City Council approval of the proposed text amendment to City Code Section 12.07, Suhd. 4.G. and move its approval. i^\cortundrv'hoaa-re,.199(.' EXHIBIT A ' M E M 0 RAN D U M TO : Paul Bilotta, Community Development Director FROM: Karen Marty, City Attorney DATE : May 1, 1996 RE : Community Interest Ownership Act In 1993 the legislature adopted the Minnesota Common Interest Ownership Act . Under that act a developer can create different ownership patterns and land developments than are possible otherwise . This is a law which is in effect in several states now, and provides • an alternative to traditional platting or condominiums . The law, in Minn. Stat . Chapter 515B, allows the creation of a CIC (common interest community) plat . This can be a condominium, a "planned community" or a cooperative . Each of these has its own definition: A condominium is defined in Sec . 515B . 1-103 (11) as "a common interest community in which (i) portions of the real estate are designated as units, (ii) the remainder of the real estate is designated for common ownership solely by the owners of the units, and (iii) undivided interests in the common elements are vested in the unit owners . " A cooperative is defined in paragraph (3) as "a common interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of the mem:oer' s ownership interest in the association to a proprietary lease . " A planned community is simply "a common interest community that is not a condominium or a cooperative . " Minn . Stat . Sec . 515B . 1-103 (10) defines a common interest community. Its definition is as follows : " ` Common interest community' means contiguous or. noncontiguous real estate within Minnesota that is subject to an instrument which obligates persons owning a separately described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for (i) real estate taxes levied against ; ( ii) insurance premiums payable with respect to; (iii) maintenance of ; or ( iv) construction, maintenance , repair, or replacement of improv n_n:ts located on one or more parcels or carts of the real estate other than the parcel or part that the per=-h owns or occ-_:ties . " Put more simply, if people own property together and have responsibilities outside whatever they actually live in or own, then this is a common interest community. In creating a CIC plat, it is not necessary to go through the arduous process of creating a condominium. In fact, the City already has seen at least one CIC plat where condominiums were not created. The plat needs to be accompanied by a declaration, along with the conveyance of common elements (if any) to the association. Property can be added to the CIC, limited common elements can be established, units can be altered, and the CIC itself can have relationships with other CICs . I am attaching a copy of Minn. Stat . Sec . 5153 . 110, which lists the elements required for a CIC plat . These parallel our own requirements, but provide security to the City and to future property owners that the land will be properly cared for. The City has numerous concerns about this type of communal ownership. These include maintenance of common elements, termination' of the CIC, payment of taxes on the common elements, and proper description of the units . The CIC law addresses these issues extremely well . As indicated in Minn. Stat . Sec . 515B. 1- 102, this law applies to all common interest communities created after June 1, 1994 , with very few exceptions . Since developers must comply with the law, we should encourage them to establish platting patterns as allowed by the law and not to abuse the outlot concept . SignedL-_z "`_`____ , ) Karen Marty, City-Attorney KEM:bjm (1MEMO) Attachment ;ttit .. u �•'Rd WNERSHIP -ACT COM1M1ON INTEREST OWNERSHIP ACT § 515B.2-110 ation shall state the Historical and Statutory Notes • its included in the 1993 Legislation ance with the declaration and this chapter. The - • Laws 1993, c. art. 6, § 1, provided that c. association shall establish fair and reasonable pro- (i) that-different 515B, enacted by Laws 1993, c. 22', arts. 1 to 4, cedures and time frames for the submission and units or classes of was effective June 1, 1994. processing of the applications, and shall maintain 7oting•on:9pecified 1995 Legislation records thereof. If approved, the .unit owners executing the amendment shall promptly record common expenses The 1995 amendment rewrote par. (c), which the amendment and deliver a copy of the recorded the class. Special previously provided: amendment to-the association. The association *differences within "(c) If the declaration so provides, an allocation may require the unit owners executing the amend- allocations for.the of limited common elements may be changed. The merit to pay all fees and costs for reviewing, :es nor may units reallocation shall be accomplished by an amend- preparing and recording the amendment and any merit to the declaration executed by the unit own- amended CIC plat" • ers between or among whose units the reallocation- : . ne to all the units , is made and the association. The unit owners Uniform Law: _- age. .In the event required to execute the amendment shall submit to The section is similar to § 2-108 of the Uniform application of the the association an application,including a proposed Common Interest Ownership Act. See 7 Uniform amendment, for approval as to form and compli- Laws Annotated, Master Edition. • u•e not subject to 515B2-110. Common interest community plat (CIC plat) ether voluntary or e without the unit ' (a). The CIC plat is required for condominiums and planned communities, and cooperatives licenses or leases in which the unit owners' interests are characterized as real estate. The CIC plat for a planned community which does not comply with subsection(c)may consist of all or part of the • subdivision plat satisfying the requirements of chapter 505,508, or 508A, and the number of al sale, or other the common interest community need not appear on the CIC plat. The CIC plat is a part of made without the the declaration in condominiums, and in cooperatives in which the unit owners' interests are characterized as real estate, but need not be physically attached to the declaration. In cooperatives in which the unit owners'interests are characterized as personal property, a CIC plat shall not be required. In lieu of a CIC plat, the declaration or any amendment to it creating, converting, or subdividing units in a personal property cooperative shall include an exhibit containing a scale drawing of each building, identifying the building, and showing the perimeter walls of each unit created or changed by the declaration or any amendment to it, -107 of the Uniform includi g the unit's unit identifier, and its location within the building if the building contains .ct. See 7 Uniform more than one unit. in. (b) The CIC plat for condominiums, for planned communities using a plat complying with subsection (c), and for cooperatives in which the unit owners' interests are characterized as real estate, shall contain certifications by a registered professional land surveyor and in common by all registered professional architect, as to the pa is of the CIC plat prepared by each, that (i) the use of the unit i CIC plat accurately depicts all information required by this section, and (ii) the work was Gated, subject to undertaken by, or reviewed and approved by, the certifying land surveyor or architect The in, the b lams or portions of the CIC plat depicting the dimensions of the portions of the common interest y community described in subsections (c)(5), (9), (10), and (12), may be prepared by either a land surveyor or an architect The other portions of the CIC plat shall be prepared only by a -102, subsections land surveyor. Certification by the land surveyor or architect does not constitute a guaranty :ninon element is or warranty of the nature, suitabilitc, or quality of construction of any improvements located or to be located in the common interest community. iendment to the (c) A CIC plat for a condominium or cooperative shall show: e reallocation is (1) the number of the common interest community, and the boundaries, dimensions and a f directors of the legally sufficient description of the land included therein; The association submission and (2) dimensions and location z of a'I existing, material s :c:a al improvements and .ed, the associa- roadways. •hall be effective (31 the intended location and dur.ensionns of any contemplated c,irrnmor. element improve- e reallocation to ments be constructed within the coca-.gin interest after the "' ^g of the CIC dment and any plat, labeled either •MOST BE BLILT•' .. 'NEED NOT BE B: ILT'; (4) the location and dLnen_ion_ of any real es..._e. e:• -1. as _...` . and a legally eff. June 1, 1995. s ffic e..- description of the a d:trona. veli e;�:c: 1 / § 515B.2-110 • COMMON INTEREST OWIrERSHIP ACT COMMON' INTEREST ( "(a) The CIC plat is a pa.: (5) the extent of any encroachments by or upon any portion of the common interest but need not be physically ac community; - tion. The CIC plat is requir (6) the location and dimensions of all recorded easements within the common interest and planned communities, which the unit owners' inters community serving or burdening any portion of the common interest community; as real estate. In cooperadl (7) the distance and direction between noncontiguous parcels of real estate; „owners' interests are chars property,a CIC plat shall not (8) the location and dimensions of limited common elements, for example, storage lockers, of a CIO pial,the declaration porches, balconies, decks and patios, other than limited common elements described in section it creating, converting, or at 515B.2-102, subsections (d) and (f); personal property cooperative hibit containing a scale draw (9) the location and dimensions of the front, rear, and side boundaries of each unit and that identifying the building, and unit's unit identifier; ter walls of each unit creates declaration or the amendment (10) the location and dimensions of the upper and lower boundaries of each unit with unit idend_5er, and its locant: reference to an established or assumed datum and that unit's unit identifier; . - .. if the building contains more. (11) a legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate"; • , 515B.2-111. Expansion (12) any units which may be converted by the declarant to create additional units or (a) To add additional re common elements identified separately. 0 all persons whose inter.e: (d) A CIC plat for a planned community either shall comply with subsection (c) or it shall: except vendors under a c (1) satisfy the requirements of chapter 505, 508, or 508A,'as applicable; and declaration as provided in; (2) satisfy the platting requirements of any governmental authority within whose jurisdic- (I) assign a unit identii tion the planned community is located, subject to the limitations set forth in section_5153.1- (2) reallocate common 106. . liabilities in compliance w= (e) If a declarant adds additional real estate,the declarant shall record a supplemental CIC (3) describe any limit plat or plats for the real estate being added, conforming to the requirements of this section designating the unit to wl which apply to the type of common interest community in question. If less than all additional real estate is being' added, the supplemental CIC plat for a condominium, a planned (4) contain such other 1. community whose CIC plat complies with subsection (c), or a cooperative in which the unit (5) conform to the app>L owners'interests are characterized as real estate, shall also show the location and dimensions of the remaining portion. • 0 •. • . • . . • . (o) A declarant shall gt.- (f) •:(f) If a declarant subdivides or converts any unit into two or more units, common elements (1) If the period of declia or limited common elements, the declarant shall record an amendment to the CIC plat service of summons in a c... showingthe location and dimensions of any new units, common elements and limited common erviceamendment. A copy of athte c elements thus created. 0 Laws 1993,c.222, art.2, § 10, eff.June 1, 1994. Amended by Laws 1994,c.388,art. 4, § 7,eff.June 1, (2) If the period of dux: 1994; Laws 1995, c. 92, § 10, eff. June 1, 1995. notice per unit) given in to • • . . prior to recording the aim- Historical and Statutory Notes each unit or to the unit ow unit owner.The declarant 1993 Legislation unit created by the declaration,including the unit'swithim five business days +j. Laws 1993, c. 22, art. 6. § I, provided that c. unit idendf:er, and its location within a building if 515B, enacted by Laws 1993. c. 922_, hr's. 1 W 4the building contains more than one unit." to that effect was wars effective June 1, 1994. • 1995 Legislation (3) Proof of notice to ;` 1994 LegislationThe 1995 amendment rewrote subsec. (a), in attacheda the recorded The 1994 amendment rewrote par.(a), and made subset. (b). inserted "for condominiums, for rh�'aged so as to mate.rialll: non-substantive changes in par. (d). Prior to revi- planned communities using a plat complying with (c) A Len upon the addii_ sion par. (a) read: subsection (c), and for cooperatives in which the cor..mu:ni;:is a lien only tui "(a) The CIC plat is a pa.: of the declaration, uric owners' interests are characterized as real (u any), t:-.at are created but need not be physically attached to the dedara- estate,"and substituted"the common interest corn- don. The CIC plat is required for condominiums municy" for "a condominium or cooperative",-in -eornrnunity as it existed"pi and planned communities, and cooperatives in subsec. (d), deleted former cI. (1) which provided the additional real estate,. which the unit owners' interess are characterized that a CIC plan for a planned community,could,in is a pardon of the entire- . as real estate. In cooper.adves in which the unit lieu of complying with subsec. (c), show the num- owners' interests are cha.—a rized as personal ber of the common interest community,and redes- Laws 1993. c. 222. art. 2. § :1 property, the declaration shall include, in lieu of a ignated former cls. (2) and (3) as cls. (1) and (2). CIC plat, an exhibit containing a scale draw'.ng of and rewrote subsec. (e). Prior to amendment, each building showing the per..-neter walls of each subse s. (a) and (e), respectively, prodded: 60 -.. -:tf?•.. :41,.:.;...�.-<zns_: - - ; ' = fir',--' ,; . -41.-!,--:...,....,. y -r'� .4 . ORDINANCE NO. 457, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 12, SUBDIVISION REGULATIONS (PLATTING) , SEC. 12 . 07, DESIGN STANDARDS, SUED. 4, LOT STANDARDS, BY REPEALING PARAGRAPH G, LOCATION, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 12, Subdivision Regulations (Platting) , Sec. 12 . 07, Design Standards, Subd. 4, Lot Standards, is hereby amended by repealing paragraph G, Location, and adopting one new section in lieu thereof, which shall read as follows: G. Location. All lots shall abut their full frontage on a publicly dedicated street, unless the lots are included within a Common Interest Community (CIC) plat . Note: 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 12 . 99, Violation a 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: .r City Attorney Published in the Shakopee Valley News_.on the day of , 1996 . [2 7MEMO] 1 5J' Memo To: V. Paul Bilotta, Acting City Administrator From: Julie Baumann, Planner I Date: July 2, 1996 1 Re: Amendment to the Zoning Map - Rezone property from Agricultural Preservation (AG) to Urban Residential (R-16). Introduction Orrin Thompson Homes is requesting that the City amend the Official Zoning Map to rezone a 70 acre site from Agricultural Preservation (AG) to Urban Residential (R-1 B). A copy of the June 6, 1996, Planning Commission staff report has been attached for your reference. Discussion The purpose of the Urban Residential (R-1 B) zone is to provide an area for residential development where public sanitary sewer and water are available. Since the subject site is designated as a Single Family Residential Area in the draft 1995 Comprehensive Plan, the proposed zoning would be in conformance with the Comprehensive Plan. The subject property is 70 acres in size. The Metropolitan Council, on June 16, 1996, approved a request to extend the Metropolitan Urban Services Area (MUSA) boundary. This extension includes the subject site. Alternatives 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG) to Urban Residential (R-1 B). 2. Do not amend the Zoning Map. 3. Table the decision and request additional information from the applicant or staff. Planning Commission Recommendation The Planning Commission recommends Alternative No. 1. Action Requested Offer Ordinance No. 459, and move its approval. i:\com mdev\cc\1996\cc0702\rezortp.doc (40. Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I Meeting Date: June 6, 1996 Re: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(AG)to Urban Residential (R-1B). Site Information Applicant: Orrin Thompson Homes Site Location: Directly east of the new St. Francis Regional Medica! Center Current Zoning: Agricultural Preservation (AG) Adjacent Zoning: North AG Agricultural Preservation South: AG Agricultural Preservation East AG Agricultural Preservation West B2 Office Business Comp. Plan: 1980: Agricultural Draft 1995: Single Family Residential Area: 70 acres M USA: The site is not within the MUSA and can not be served by municipal utilities, but is anticipated to be within the MUSA. Introduction The applicant is requesting that the City amend the Official Zoning Map to rezone a 70 acre site currently zoned as Agricultural Preservation (AG) to Urban Residential (R-1 B). Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, City Code Section 11.22, Agricultural Preservation Zone (AG) regulations; Exhibit C, City Code Section 11.28, Urban Residential (R-1 B) regulations; and Exhibit D, Existing and Proposed Zoning Maps. Considerations 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits B and C provide a list of the uses, both permitted 1 and conditional, that are allowed in the Agricultural Preservation (AG) and Urban Residential (R-1 B) Zones. 2. The Land Use Chapter of the 1980 Comprehensive Plan designated this area as "Agricultural". This portion of the draft 1995 Comprehensive Plan also designates the site as "Single Family Residential". The rezoning of the site to "Urban Residential", as requested by the applicant, will be in conformance with the draft 1995 Comprehensive Plan. 3. The Planning Commission and City Council have recommended approval of an extension of urban services to property, which includes the subject site. The Metropolitan Council is currently reviewing this MUSA extension. The draft 1995 Comprehensive Plan sets forth a policy that undeveloped areas outside of the MUSA line will not be rezoned to allow commercial, industrial, or urban residential uses. Due to this policy, the Planning Commission may want to make a recommendation to the City Council, assuming that the MUSA line will be extended to serve the subject site, and direct staff not to forward the recommendation to the City Council until such time as the MUSA has been extended. This would prevent unnecessary delay for the applicants. 4. The purpose of the Urban Residential Zone is to provide an area for residential development where public sanitary sewer and water are available. Findings The criteria required for the granting of a Zoning Ordinance Amendment are fisted below with staff findings. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have occurred, as the area of south of the bypass is beginning to develop. 2 Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for single family residential use. Therefore, this request is in compliance with the land use plan in the draft Comprehensive Plan The Planning Commission and City Council have recommended approval of an extension of urban services to property,which includes the subject site,which is a change to the Comprehensive Plan that allows for this rezoning. The MetropoRan Council staff is currently reviewing this MUSA expansion and has indicated that the MUSA expansion will be approved shortly. Therefore,premature expenditures are not an concern. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property to Urban Residential(R-1B)from Agricultural Preservation(AG). 2. Recommend to the City Counal the denial of the request to rezone property within the MUSA boundary to Urban Residential (R-1B) from Agricultural Preservation (AG). 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1. Action Requested 1. Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Urban Residential (R-1B)from Agricultural Preservation(AG). 2. Direct staff to forward the Planning Commission's recommendation to the City Council at such time as the MUSA line has been extended to the subject site. i:\commdev\boaa-pc11996\june06pdrezorth.doc 3 • 1 t-7 ~ 'r ' t ---- "vC •„- piii,T.,, vli' , �g� -EXHIBIT ----ii-----0---- ,� mil/7 lit• 1 .: ("71 a ♦e .go,, o -� ��rizs, l) . . . ii I a� ...a.... .� t 1 , % �i � • 3--:_-.-•-__, 1l111 eee� R--�f t /,,/,/411°'0,e- - 440. ��1,4 \g,n r_itai8 4-.14, ..„. . [2,:_ 11Rar i4 1 li .--------f----\ti.3 Lirf- .i..t'fat,, • 1 i p fir"". i ri. r mg :NM d lc tU., l' -412, iji,:-. A HIP I r I 2: 0 Y,;--I \ .ettztk. P. -,r _ _ _ . c., • 4(.. . s.c. - -- • qr .:" 1 ri-e- k----Ei ii tee 4 ‘ ". , _ v ... LATE • J u = ..—- - -- - - - - 41 4/ .4.•1 c, _ .c3.1,Eptvc if- li; .S5 .. .argot • ___:,.„ - - -__ , „T., . ....,,., .,..,0 .. ,.._ ..,, -,CM.<Orli- 7 ,s7.34 tzvt zu+Esrc, o m--41 s+ae 2T3{...,,,„:, w Num _ EgunuRwt DINE VoE' y C I V Ia tjTy .Vr • LEGEND • � SUBJECT SITE =••x+.•:g::•.r-:::::tri Ucderiyina--ZoneT------- ---- 'vim{:-<r>> <H: ,fr§, '#{iii= `•:ji ,e:- — :al ! RR 1 Rurcl Resident?cl :R1.=.1 Low Density Residenticl "-;,ry >• 71::".71 Ur' cn Res;dent'cl c +- AG - AG 77.,ROld S' c.ikopee Residenticl 4 f 42 1 Vediun Density Res;denticl • R3 j M;:itiple Femily Residenticl I J 31 i H1ghwcy 2ussr ess / ( 32 Office Business v.uL. vZCv `°'J • i 33 1 Centrcl Business / , 1 111 ] Lig'nt Ind::s,r7.cl A G , -.� J '2 J Heevy Indvstriel i !;R J •'lc;cr Recrecticn �/1 O'.c' R R riC'� ZCr'�S �� : yc j _ �- hc„ ,.......z.c7------,,: --! -i —7' FF'..: :'_'.n �1-cer•ct ` `r --2--1 = xcx Z cif RR EXHIBIT B SEC. 11.22. AGRICULTURAL PRESERVATION ZONE(AG). purpose of the agricultural zone is to preserve and promote Subd Purpose. The aare suitable for use, to prevent scattered and agriculture re in the unsewered areas of the Cray which for such public services as roads, leap-frog non-farm growth, and to prevent premature expenditures sewer,water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; i. day care facilities serving 12 or fewer persons; J. group family day care facilities Serving 14 or fewer chi dren;or K. residential facilities serving six(6)or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities,which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research regarding the 1111 development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded,bred or offered for sale; I. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor, K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons, N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot;.or R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; • D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; 1112 I. receive only satellite dish antennas and other antenna devices;or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used,except in conformance with the following minimum requirements: A. Maximum density:one dwelling per 40 acres. • B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback 100 feet. Minimum side yard setback 20 feet. Minimum rear yard setback 40 feet. C. Maximum height: 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of theirdepth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord.304,November 7, 1991;Ord.377,July 7, 1994) SEC. 11.23. Reserved. 1113 3 EXHIBIT C SEC. 11.28. URBAN RESIDENTIAL ZONE (R-1B). Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential development where public sanitary sewer and water are available. Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used except for one or more of the following uses: A. single family detached dwellings; B. existing single family attached dwellings; C. existing two family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children;or I. residential facilities serving six(6)or fewer persons. Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. churches and other places of worship; B. home occupations; C. cemeteries; D. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12,or any portion thereof; E. bed and breakfast inns; F. utility service structures; G. day care facilities serving 13 through 16 persons; H. residential facilities servicing from 7 through 16 persons; I. relocated structures; J. structures over 2-1/2 stories or 35 feet in height; 1127 K. developments containing more than one principal structure per lot;or L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the urban residential zone,the following uses shall be permitted accessory uses: A. garages; B. fences; C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools, F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd 5 Design Standards. Within the urban residential zone,no land shall bni�, and no structure shall be constructed or used, except in conformance with the following req A. Maximum density: five dwellings per acre. Streets shall be excluded In calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (existing two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Requirements. t of their A. All dwellings shall have a width of at least 20 feet for at least 50 percent th of at least 20 feet for at least 50 nof their depthwidth. Aldwellings shall have 1128 B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord.264, May 26, 1989;Ord.377,July 7,1994) SEC. 11.29. Reserved. 1129 EXHIBIT D CURRENT ZONING I 111•••••11--...11 "'...." t LEGEND ����� ev — - 7.--- . fic tore dr 1p, r_ •l ?• vrc1 =esdenticl '1.= lcw Density R6sdenticl AG Url-icn Fiesid_nticl AG / I s'd t;c1 1 C d S;,c'�ce�ee 'e 1 e" M !.ei.:n D,e-sity Resider:tic! R3 1 ). , r _ • • I ys -..,.:..s. v5v :-In r• .,e'r..Icy vvs:r,es§ 1 gcoa Office 2L•s:-ess ' 1 ' 1 .-..T31 Cen:rcl ccs:ness t AG , - , 17 i• ie;a Indvstfi0l - • rr. -.r: 2 �` I Hecvy .'d�str cl Ln - X--...w PROPOSED ZONING 1 ll LEGEND - A• 41 . ._ . underly na-Zr--TS . >,461* Er- R-:B ▪ ?:;rcl Residenticl • Lcw Density Res.de:111cl AG AG //7.'/, f, Old Shc<e;r_e =es;cen,;_1 f :!edi:;n Der:sity Resid_-.:::.:1 • I - - E !l�tti;;;?: Fc;,,i!y Pes'Cer.:I I � ' (Z_ I i�- • ..cy 3.:st.ess ! ~ v.:1T ,w Ir..: O Office ?us:ress I Cer:-cl c..s;ress .��_� ' � ORDINANCE NO. 459, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11. 03 BY REZONING LAND LOCATED DIRECTLY EAST OF THE NEW ST. FRANCIS REGIONAL MEDICAL CENTER FROM AGRICULTURAL PRESERVATION ZONE (AG) TO URBAN RESIDENTIAL ZONE (R-1B) . WHEREAS, the owners of the land described on Exhibit A, commonly known as the Orrin Thompson Homes land located directly east of the new St . Francis Regional Medical Center, submitted an application requesting rezoning from Agricultural Preservation (AG) to Urban Residential (R-1B) ; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on June 6, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11 . 03 is hereby amended by rezoning land described on Exhibit A, commonly known as the Orrin Thompson Homes land located directly east of the new St . Francis Regional Medical Center, from Agricultural Preservation (AG) to Urban Residential (R-1B) . Section 2 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk f Approved as to form: L ( -� ' % City Attorney Published in the Shakopee Valley News on the day of , 1996 . [2 6MEMO] EXHIBIT A The Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) and the North Thirty (30) acres of the West Half of the Southwest Quarter (W 1/2 of SW 1/4) of Section 17, Township 115, Range 22; also a strip one rod in width along the Western Boundary of the West Half of the Southwest Quarter starting at the Northwest corner of the West Half of the Southwest Quarter and extending in a southerly direction to point where said one rod strip intersects the public highway in Section 17, Township 115, Range 22, Scott County, Minnesota. ) Dc Memo To: V. Paul Bilotta, Acting City Administrator From: Julie Baumann, Planner I, I� 2, Date: July1996 Re: Preliminary Plat for Prairie Village Introduction Orrin Thompson Homes has submitted an application for approval of the Preliminary Plat for Prairie Village. The proposed subdivision is located directly east of the new St. Francis Regional Medical Center on County Road 17 (Marschall Road). The proposed plat is 70 acres in size and proposes single family residential development. Discussion At its May 9, 1996, meeting, the Planning Commission recommended approval to the City Council of the Preliminary Plat for Prairie Village, subject to conditions. A copy of the May 9, 1996, Planning Commission staff memo has been attached for your reference. In this memo, drainage issues are discussed at length. Since the Planning Commission reviewed this item, these drainage issues have been addressed. Alternatives 1. Approve the Preliminary Plat for Prairie Village, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Prairie Village. 3. Deny the Preliminary Plat for Prairie Village. 4. Table the decision for further information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended approval of the Preliminary Plat for Prairie Village, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4461, A Resolution Approving the Preliminary Plat for Prairie Village, and move its adoption. i:\commdev\c61996\cc0702\ppprvIg.doc RESOLUTION NO. 4461 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR PRAIRIE VILLAGE WHEREAS, Harold & Marie and Elmer & Kathryn Marschall, along with Orrin Thompson Homes, are the owners of said property; and WHEREAS, the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Prairie Village on May 9, 1996, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Prairie Village, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. - b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance • with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (17 x $260 = $4420.00). f) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall construct a temporary cul-de- sacs at the end of Groveland Way, Mathias Road, Faribuilt Street, and Ponds Way and provide the necessary temporary easements to the City. These cul-de-sacs shall be built to City Design Criteria. h) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station. i) The developer acknowledges the presence of pending assessments for 17th Avenue and Sarazin Street. j) The developer agrees to pay storm water trunk charge upon its adoption. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Outlots A and B must either be eliminated or provide proof, via a contract, that the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the Cityof Shakopee Y Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 The Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) and the North Thirty (30) acres of the West Half of the Southwest Quarter (W 1/2 of SW 1/4) of Section 17, Township 115, Range 22; also a strip one rod in width along the Western Boundary of the West Half of the Southwest Quarter starting at the Northwest corner of the West Half of the Southwest Quarter and extending in a southerly direction to point where said one rod strip intersects the public highway in Section 17, Township 115, Range 22, Scott County, Minnesota. 8. Memo To: Shakopee Planning Commissi• From: Julie Baumann, Planner I , 1 Meeting Date: May 9, 1996 Re: Preliminary Plat for Prairie Village Site Information: Applicant: Orrin Thompson Homes Location: Directly east of the new St.Francis Regional Medical Center Current Zoning: Agricultural Preservation(AG)(See Exhibit A.) Adjacent Zoning: North: Agricultural Preservation (AG) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Office Business (B2) Comp.Plan: 1980: Agricultural Draft 1995: Single Family Residential Area: 70 Acres MUSA: The site is not within the MUSA and can NOT be served by municipal utilities at this time. Introduction: Orrin Thompson Homes is requesting Preliminary Plat approval for a developmer consisting of approximately 175 single family residential lots. The proposed development is located .irectly east of the new St. Francis _regional Medical Center on County Road 17 (Marschall Road) (Exhibit A). Exhibit B illustrates the proposed Preliminary Plat. The P. Com:r. .sior reviewer thi :quest at its April 18, 1996, meeting. At th : meeting, the Plana g Cor:missi: clod the Pu`clic aring and directed staff to further review thi submittal ,,nd provki cond:tions of 1ppr..•nal regariin;_- :neral outstanding issues at the May 9, 1996, neeting. Safi has pr video' the fol nvir additional cc:.:ditions of approval to address the concern illustrated on Exhih C: • Ti. love"Dper sh.II be esponsit e for :he or gyration and maintenance of:he temporz• i storm wa er lift ;tn.io: • A: ar.tl. s of t e tet day sr a• rr.. It cri. 'al run off c ent and it_ iydraulic is oact shall )e cc IF':tc and re•iewt :by the it_ F nes • Tf )per ac-res t : pay st:: tnk charge upc• its adoptic • The Stormwater Management Plan must be approved by the City Engineer. The final plans for the Preliminary Utilities, Grading and Erosion Control, and Street Profiles were submitted on May 3, 1996, which will require additional staff review time. Therefore, if additional conditions are necessary, they will be provided on the table. At its April 18, 1996, meeting, the Planning Commission recommended a MUSA expansion area that included the entire subject site. Considerations: 1. The property is currently being used as farmland. Adjacent land uses include the St. Francis Regional Medical center to the west and cropland to the north, south, and east. The property to the east does have a Conditional Use Permit for mining, if needed for the Bypass construction. However, it appears that this will likely not be needed. 2. The property is currently zoned Agricultural Preservation. The plat as proposed, requests single family residential lots at urban densities. The applicant has submitted an application for an amendment to the zoning map to bring the zoning designation into conformance with the Preliminary Plat. However, Urban services have not yet been extended to serve this area. The draft 1995 Comprehensive Plan provides a policy that states "undeveloped areas outside of the MUSA line will not be rezoned to allow commercial, industrial, or urban residential uses". Due to this policy, until urban services have been extended to this area, a rezoning is unlikely by the City Council until MUSA is extended to this service area. 3. The City Engineer has provided the comments found on the attached Exhibit C. Concerns include storm drainage, sanitary sewer. water main, plat design, and MUSA expansion. 4. The Preliminary Plat proposes the creation of Outlots A and B. These outlots as proposed do not meet the required criteria for z lot. Staff is recommending that the outlots either be eliminated or provide proof, via a contract. :hat the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. 5. Groveland Way, N rathias Roa-. Faribuilt Street; and Ponds Way muse be constructed as temporary cul-de-sacs, with tnecessar temporary easements to the City, uric : such time as the roadways extend into the adj cent prope ies. These cul-de-sacs shall be built to ,ity Design Criteria. 6. Pe, ding Assessme; is exist for . le Sarazin Street and 17th Avenue prc..ects. 7 S:r. e the area is r r identified s a future park site in the City's draft :ompre'tensive Plan, st Tis rec mmending th., a park de,' ation fee in the amount of$700.00 p , reside tial lot be coil ted in 1 .:u of park Ianc The park edication fee must be paid prior to tli._ record; g of the Final I sat. The City and School District are currently working on developing a joint park/school facility east of this site. 8. The County Engineer has commented that even though this development does not directly abut County Road 17, the traffic generated by this development can significantly impact County Road 17 if the City's main east/west collector street is not connected to this development via Sarazin Street and access be established to Valley View Road. In response to this concern, St. Francis Avenue, as well as 17th Avenue will connect to County Road 17. This development does not propose a connection to Valley View Road, however, it is anticipated that as this area develops Mathias Road will provide a connection to Valley View Road. 9. The Police Department has provided comments regarding access be required to County Road 17; the ability of Valley View Road to handle the potential increase in traffic; sidewalk placement be required along County Road 17; and that awareness be provided to homeowners near the St. Francis heliport regarding potential noise from incoming and outgoing helicopter flights. With respect to these comments, St. Francis Avenue, as well as 17th Avenue will provide access to County Road 17; Valley View Road is scheduled as an upgrade project in the Capital Improvements Program; and a trail is being provided along Sarazin Street, which the developer will be dedicating right-of-way for. The City would have great difficulty requiring the developer of this subdivision to construct a sidewalk on a County Road that is not adjacent to the development. The Planning Commission may wish to require some form of notification regarding the heliport at the time of the lot sale. Alternatives: Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Prairie Village, subject to the following conditions: A. Prior to City Council approval of the Preliminary Plat, the following actions must occur: 1. The property must be included within the MUSA boundary. 2. The property must be rezoned to Urban Residential (R-1B). 3. An analysis of the ten day snow melt critical run off event and its hydraulic impact shall be completed and reviewed by the City Engineer. 4. The Stormwater Management Plan must be approved by the City Engineer. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (17 x $260 = $4420.00). f) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall construct a temporary cul-de-sacs at the end of Groveland Way,Mathias Road,Faribuilt Street, and Ponds Way and provide the necessary temporary easements to the City. These cul- de-sacs shall be built to City Design Criteria. h) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station. i) The developer acknowledges the presence of pending assessments for 17th Avenue and Sarazin Street. j) The developer agrees to pay storm water trunk charge upon its adoption. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Outlots A and B must either be eliminated or provide proof, via a contract, that the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with cher properties so that these areas meet the City's design standards. I. Re se the conditions recommended y staff; and recomnapproval of the Preliminary Plat for 'rairie Village, to the City Counci- subject to the revised colditions. ommend to the City Council the .enia: :of the re..lues f, r approval : f the Preliminary Plat fo 'rairie Village. V. Ta' e a decision in order :o allow me f - the ar. licant ar.'lor .5 of to submit addir )fl int: mation. Staff Recommendation: Staff recommends that the Planning Commission recommend to the City Council the approval of the request for approval of the Preliminary Plat of Prairie Village, subject to conditions. Action Requested: Offer a motion to recommend to the City Council the approval of the request for approval of the Preliminary Plat for Prairie Village, subject to conditions, and move its approval. islcommdevlboaa-pc\1996%mayO9peppprvig.doc .._ e• 15-111 :11%1117:".i.-31-- iiiirturo 'I - EXHIBIT AIL, _ _ • 'c---Jele-eicidI I\ ;a i), I : :, ,..: , .........,„ ...A. .•_ , * . . 4 _...,„ __,. ....„.•• •.1 III gaer--ngigE3 • ini . v 4 0* ir 3e1e. ezm'sg•ig R E3EdE ) .t. ' .. .• In nikkair,, ..._.1 I 4] ....„ ...,• .., , :,..,.., ,. A ]ENIPal -----Th'z ... ; -ii..ic.:IL-, s1°44-,ctze , n 4 , 4:44.. ' ...4• p [il FIEFF '.' Illji i-Jait_, ..t 4t, . -.or . N.• ct • 41. Hd " ''. • i/4 117 4- 1 - P - i lc i+4p...,•• 46.1/4,..41kw .... .IIC: • ._, . - -,-,-„,• ......__.__ 14 ...14 ICS r---_,""r ,,,, . =It .,v • Cr !iiIL 1471711TOR3 FAIR' ,......,,A : , '>....a.. ,.. ... 7 , i 114CcrCio C :-) 1 ! II16 i r47.E7-41 • = :Aro vim. 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PLk�t1JERS / ENGINEERS1/SURVEYORS i i a f. -f . i•1 Il • 1i1 i. ;I ' 7 m • THOMPSON LAND DEVELOPMENT 9000 W. Cs, ea /), UM iso, a III. UN )s))f tT •• ) :. ! ^ a� ` DIVISION OF U.C.110MES -Ick•Q'L'r � 114^1 WAYTAIA 111 VI) 511111-NYI RM I1f11 Va1.11-V Nil 5:d?C. o*.I,Z1'Yxgwhlla ' el}f190.6011 lu 1904111 EXHIBIT C MEMO TO: V. Paul Billotta, Community Development Director FROM: Bruce Loney, Public Works Director ' . SUBJECT: Prairie Village Preliminary Plat DATE: April 11, 1996 INTRODUCTION: This memo in regard to the preliminary plat review on the Prairie Village proposal submitted by Orrin Thompson Homes. In this memo, I would like to address the various concerns and list the conditions in which the preliminary plat approval can be given. ISSUES - The following comments and concerns will be listed for each infrastructure system that was reviewed: STORM DRAINAGE 1. This area is located in the first staging of MUSA expansion and has no positive outlet at this time. The City has constructed in conjunction with the Shakopee Bypass Project, linear ponds to facilitate drainage in the Millpond District. I would recommend that a study be done in order to determine if the drainage in the future MUSA expansion area can be redirected into the Millpond District, and in particular, towards Linear Pond No. 6. A study will be necessary and Mn/DOT approval in order to allow development in the Blue Lake Drainage District area. 2. The current drainage report submitted by James R. Hill, Inc. for Prairie Village shows a stormwater lift station to pump the water into the Millpond District and utilize the storm sewer system on Sarazin Street as the positive outlet for the entire development. The City current'y does not has. any lift stations for sanitary or storm sew-!r and in past developmer s, the develo; :r was required for maintenance and ope: ttion of the lift station ung the permane. facilities were installed in the future. Exe iple of this would be Jo: Albinson, in 'alley Green Business Park, with lift sta- as on 12th Avenue and C terbury Road ihich will soon be abandoned with the ins. lation of the Chaska I: ter ptor and Cow y Road 16 sewer. 3. On : drainage rer rt sul- it , there are sti the folios ing questions which needs to l-._ ddressed: How Ion, does : t.: to lower Por... No. 1 to i s normal water elevation with the 6 cfs di' :l: ;e rate of the l;ft station? B. Catchment No. I07 drainage area flows directly to the east and this water is not treated by a detention pond prior to discharge from the site. C. Calculation shows Catchment No. 108, however, No. 108 area is not shown on the drainage map. D. The exact design elevations for a trunk stormwater drainage facility to serve this area, and in particular Pond No. 1, has not been determined. A drainage study to determine if the MUSA area in the Blue Lake District can be drained to Mn/DOT Linear Pond No. 6 would also address the outlet elevation needed to serve this property. E. Pond No. 1 is sized where the acreage draining on the Prairie Village site and also for 248 acres coming in from off site. NUR? water quality pond volumes have not been shown in the drainage report and needs to be submitted to show if water quality criteria is met. F. The City of Shakopee is currently working on a stormwater trunk charge for areas south of the Shakopee Bypass and in particular new developments. The developer should be advised that a stormwater trunk charge will be placed on the final plat of any additions. SANITARY SEWER 1. A trunk sanitary sewer line needs to be extended from the Chaska Interceptor south and westward to this area, depending on the alignment of the trunk to best serve the entire area. This may or may not connect to the Prairie Village site. If it does rot connect to the Prairie Village site, a 429 sanitary sewer lateral assessment project would need to be ordered. Currently, the Engineering Department is preparing feasibility study and looking at this issue and will make a determination and v. 1' include this in the feasibility report. 2. The sanitary sewer depth to serve the area west of Prairie Village and south of S' Francis Regional Medical site has not been fully addressed. WATERMIAIN 1. The developer of this site will need to check with Shakopee Public Utiliti;; Commission as to the availability of water to this site. STREET 1. The developer will need to dedicate 40 feet of right-of-way along Sarazin Street and sign a waiver of hearing notice for assessment appeal. PLAT DESIGN The concern the Engineering Department has with the proposed street design and the future development proposal for a park area on the Ames parcel to the east of Prairie Village is, has it been investigated to see how this development and a future park development will be impacted? MUSA EXPANSION The City of Shakopee is currently reviewing the MUSA alternatives for the 192 acres the Met Council has stated the City can allocate at this time. Attached to this memo is a drawing showing the trunk sanitary sewer"H"property lines east of CSAH 17 and south of the Shakopee Bypass and proposed MUSA expansion in this area. The proposed MUSA expansion area measures 186 acres and includes all single family residential property. This proposal is the least cost to the City in terms of infrastructures and is within the Mill Pond Drainage District. The Prairie Village property would not be totally contained in this proposal. Since MUSA expansion of 192 acres and Prairie Village preliminary review is on the same Planning Commission meeting, this item should be considered jointly in the plat review. For this plat, I would recommend discussing the various concerns with the Planning Commission and asking for direction as to the approval of this plat and table the approval decision to May 9, 1996 Planning Commission. If there is a problem with timing and the City needs to make a decision for approval or not on this plat, please let me know. BL/pmp PRAIRIE 1k Memo to: Paul Bilotta,Acting City Administrator From: Mark McQuillan, Parks and Recreation Director Re: Playground equipment for Lions Park Date: 6/27/96 INTRODUCTION The Shakopee Lions Club has entered into an agreement with Earl F. Anderson, Inc. to purchase new playground equipment for Lions Park. They would like to donate the equipment to the City of Shakopee. John Berens and Don Mertz of the Shakopee Lions Club will be present at Tuesday night's Council Meeting to make a brief presentation about the project. BACKGROUND Two months ago,the Shakopee Lions Club formed a 10 member committee to look at future development plans for Lions Park. A special subcommittee studied the need for new playground equipment on the north side of the park. They interviewed two playground suppliers: Earl F. Anderson, Inc. (Landscape Structures) and Flanagan Sales, Inc. (Iron Mountain Forge). On June 26, 1996,the general membership of the Shakopee Lions Club approved the playground committee's recommendation to purchase the equipment from Earl F. Anderson company(Landscape Structures). The Lion Club also decided to spend up to $60,000 for new equipment. The existing equipment in Lions Park will move to different park. SITE PREPARATION AND INSTALLATION The City's Public Works Department will prepare the site for the new equipment. This includes site grading, adding surface materials and doing minor concrete and landscape work. Staff recommends the City fund these costs. The estimated cost of this work will range from $10,000 to $17,000. We may be able to reduce some costs through the use of volunteers. However, we are on a strict timetable to have the project completed by August 15, 1996. A picture of the new equipment(in Lions Park)will appear in Landscape Structure's Sales Catalogue that is distributed worldwide and translated in several languages. The equipment will be installed by the manufacturer. Since this project is not identified in the 1996 Capital Improvement Program, the City Council will have to authorize the use of City funds for this project. There are adequate funds in the Park Reserve Fund to do this project. ALTERNATIVES 1. Move to accept the generous donation of new playground equipment from the Shakopee Lions Club for Lions Park and to allocate up to $17,000 from the Park Reserve Fund for the surface materials and landscape work. 2. Turn down the offer by the Shakopee Lions Club for new playground equipment. 3. Table for additional information by staff. 4. Do nothing. PARKS AND RECREATION ADVISORY BOARD RECOMMENDATION At its June 24, 1996, meeting, The Shakopee Parks and Recreation Advisory Board recommended Alternative #1. ACTION REQUESTED Move to accept the generous donation of new playground equipment for Lions Park from the Shakopee Lions Club and to allocate funds from the Park Reserve Fund not to exceed $17,000 for the surface materials and landscape work. I/b TO: Paul Bilotta, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Fire Referendum Bonds DATE: June 24, 1996 Introduction The 1996 Budget needs to be amended in order to be able to issue bonds for the new fire station site. Background In order to be able to issue bonds which reimburse the city for costs incurred/paid before the bonds are issued, a declaration of intent has to be signed. The Finance Director signs these pursuant to Council designation. One of the items in the declaration is that no funds have been budgeted, set aside, etc. for the permanent financing of those costs. Because the budget has the funding for the fire station site coming out of the balance in the Capital Improvement Fund (CIF) and the purchase agreement will be signed before the issuance of the bonds, the 1996 budget needs to be changed to show the funding to be bonds. Bond Counsel recommended that the amendment for the CIF be done by resolution to clearly document the change. Resolution Number4459 changes the 1996 Budget to accommodate Bond Counsel' s recommendation in order to be able to issue bonds for the fire station site purchase. Action Offer Resolution Number4459 A Resolution Amending The 1996 Budget and move its adoption. is\finance\docs\budget\res96 RESOLUTION NUMBER 4459 A RESOLUTION AMENDING THE 1996 BUDGET Whereas, the Shakopee City Council desires to include the purchase of the land for the new fire station in the referendum bond issue, and Whereas, the 1996 Budget shows the purchase of the land funded by the Capital Improvement Fund, NOW THEREFORE be it resolved by the City Council of the City of Shakopee, Minnesota, that the 1996 Budget and Capital Improvement Plan is hereby amended to show the funding for the fire station site and public works site be changed to show the source of funds by bond issue and not Capital Improvement Fund in the total amount of $350, 000 . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this second day of July, 1996 . Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney 1 L. Memo to: Paul Bilotta,Acting City Administrator From: Mark J. McQuillan, Director of Parks and Recreation Re: Playground Equipment for Timber Trails Park Date: June 26, 1996 INTRODUCTION The 1996 Parks Capital Improvement Program identifies $20,000 for the purchase and installation of new playground equipment and basketball court in Timber Trails Park. The park is located off Marschall Road(CR17)and Blue Huron Trail. BACKGROUND Request for Proposals were sent to two playground equipment suppliers with certain minimum design requirements established by the Parks and Recreation Director. Each proposal was to include costs of equipment plus sale tax, shipping and installation. The equipment shall also have a ten year minimum warranty and meet or exceed all current safety standards,established by the Consumer Product Safety Commission's Handbook for Public Playground Safety and/or the ASTMF1487-93 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. Companies supplying the equipment must carry $1 million of Product Liability Insurance.Not included in the RFP are: site preparation(grading),materials for the protective surface and the border. Both suppliers were asked to submit proposals in the price range of$9,000 - $14,000. A Selection Committee composed of residents from the Timber Trails neighborhood reviewed each plan in detail. The criteria used in making their selection included design, creativity, safety and quality of materials. Two companies submitted a"base unit"quote for the jungle-gym equipment. Accessory equipment was added for variety. i.e. swings,rider, supercoop and basketball unit. This brings the total costs to $17,768. Supplier Manufacturer Base Unit Quotes Earl F. Anderson Landscape Structures. Inc. $12,082.00 Bob Klein and Associates Miracle Recreation Equipment Company $13,097.68 The surface materials (pea rock, wooden border, sod) for the playground area and the basketball court(asphalt) are estimated at$2,500. ALTERNATIVES 1. Purchase playground equipment from Earl F. Anderson Company(Landscape Structures, Inc.). 2. Purchase playground equipment from Bob Klein and Associates (Miracle Recreation Equipment Company). 3. Table for further information from staff 4. Do nothing. PARKS AND RECREATION ADVISORY BOARD'S RECOMMENDATION Alternative# 1 ACTION REQUESTED Move to authorize the appropriate City officials to utilize Park Reserve Funds for the purchase of playground equipment from Earl F. Anderson, Inc. not to exceed $17,768 and to also allocate $2,500 from the Park Reserve Fund for surface materials in Timber Trails Park. arc' 1ti101 /I— m I L W _a \ 4 // `\ m I V 1 LE d \`` 111 w tl\ J I 1 I I L J T____S W � .� � W CWC 1 -t. g d' r I 11 N 4! 1 • \���� aN 'pc 07.....: #14. a / \ ic, lk A. \0\ ''' NA tst44—. I mi 1 / 7--- .\\\ 4' 1%,,, :#. 44itibv! 1 , I. _ ,CC. CI) i _ �lyj �E o) 1 x - is `' 1 1 ° 1'1 - • 0 ..,-5,h (C) 1 1 1.4- I ) Ll %Alp 104, ( ("<1 11 ‘ qd �` \ f/ ; # t`� ID \''' . k% 2020-d 619S V88 Zig DNI 4N39830Nd 3 1883 61:01 9661-2Z-Nflf I C/ MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney, Public Works Director 6L, SUBJECT: McKenna Road Construction in the City of Shakopee Corporate Limits,Project No. 1996-7 DATE: June 27, 1996 MEETING DATE: July 2, 1996 INTRODUCTION: An agreement between the Shakopee Mdewakanton Sioux Community (SMSC) and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road in the Corporate Limits of the City of Shakopee is being finalized by the City Attorney and SMSC's attorney. This agreement is for Council review and approval, in order for the City to construct McKenna Road from its current gravel surface to a paved surface road and will be placed on the table. Attached also to this memo, is Resolution No. 4462, a resolution ordering plans and specifications for the construction of McKenna Road, in the Corporate Limits of the City of Shakopee, and also an extension agreement with WSB & Associates, Inc. for the plan preparation of the proposed McKenna Road construction project. BACKGROUND: On June 4, 1996, City Council directed staff to prepare an agreement with the SMSC for the construction of McKenna Road, from County Road (C.R.) 16 to the South Corporate Limits in the City of Shakopee. The draft agreement for Council consideration lists the undertakings of the City and the Community for the design and construction of McKenna Road to a bituminous paved surface. In this agreement, the City shall construct a 7-ton design, 38 foot wide graded, 28 foot wide bituminous surface road, and the Community will pay 100% of the cost to build this local road standard. The agreement is structured so that the Community shall deposit into escrow, with a financial institution acceptable to the City, in the amount of$25,000.00 for payment of the City's design engineering costs. Prior to the City awarding the contract, if the Community determines to proceed with the construction of the improvements, it must place 110% of the construction costs for the improvements into escrow,plus an additional 10% for the construction engineering costs. This escrow account again would be as approved by the City. The escrow agreement shall be used for release of funds by the City to pay to contractors as the work has been certified, completed and accepted and accompanied by lien waivers. The City Attorney is reviewing the agreement for final language modifications and to include Shakopee Public Utilities Commission's concerns in regard to the power line installation. A schedule for project completion has been included in the draft agreement and is scheduled tentatively for this year. The agreement does not bind the City to any such schedule, however, the City should endeavor to meet this schedule as much as possible. Staff is recommending that City Council approve an extension agreement with WSB & Associates for the design preparation of the McKenna Road Improvement Project. The agreement has been structured to break out the costs for the preparation of plans and specifications for a local street standard, and if the City chooses to upgrade the plans to meet State Aid plan preparation requirements. During the design phase, it will be determined if it is cost effective for the City to upgrade the road from a Local Road Standard to a Municipal State Aid Standard at this time. Any cost above the Local Road Standard, listed in the agreement, will be the responsibility of the City and can be paid for with State Aid Funds. Staff is recommending WSB & Associates for the design preparation of this project due to the project schedule proposed by the Community, and its expertise in State Aid Projects. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the agreement between SMSC and the City of Shakopee,regarding surfacing the unpaved portion of McKenna Road. 2. Offer Resolution No. 4462, a resolution ordering plans and specifications for the improvement of McKenna Road, from C.R. 16 to the South Corporate Limits of the City of Shakopee, and move its adoption. 3. Authorize the appropriate City officials to execute a consultant extension agreement, for engineering services on the McKenna Road Improvement Project, at a cost not-to- exceed$21,000.00 with WSB &Associates. 4. Deny Resolution No. 4462, and do not enter an agreement with SMSC for the improvement of McKenna Road. 5. Table for more information. RECOMMENDATION: Staff recommends Alternative No.'s 1, 2 and 3, as the agreement prepared for the improvement of McKenna Road adequately protects the City and has provisions for the cost by the Community for the installation of the improvements. Staff also recommends executing the consultant agreement,with WSB &Associates,to complete this project this year as desired by the Community. ACTION REQUESTED: 1. Authorize the appropriate City officials to execute the agreement between Shakopee Mdewakanton Sioux Community and the City of Shakopee, regarding surfacing the unpaved portion of McKenna Road. 2. Offer Resolution No. 4462, A Resolution Ordering the Improvement and Plans and Specifications for McKenna Road, from County Road 16 to the South Corporate Limits of the City of Shakopee, Project No. 1996-7,and move its adoption. 3. Authorize the appropriate City officials to execute a consultant extension agreement, for engineering services on the McKenna Road Improvement Project, at a cost not-to- exceed$21,000.00 with WSB &Associates. BL/pmp MEM4462 0 ° •, S E '• V ERL NC DRIVE EX ENSION FRaNT 111160112 Pl.'''. 0111110 aCi � iimi � ' 1.5 0 1 S� e <z � • �� 5TH• AVE• Q w WO lia °- J�cC SAF�� Ci .�' , a 3-.ma 111111 ❑ 1 Cl\\� _ PJC-. LPO C\ 6-\NE cit (,O A A - .CC >-- J U '°' 10TH AVE, S , 1 ',1TH rn. (7) Fr AVE. , w I Z Z U W Z W O —�CK o z z al � YZ (n � U Z Q Q W O (::°°) `� > AVE z - z O� z Q liv-H1`P� o ARE 0 >_ v Q MON o z 1 0_ 1-- S Q q- ��'D , U ' AVE, IE' ING DRIV7� NSR rHERN N cL 0 U PROJECT LOCATION RESOLUTION NO. 4462 A Resolution Receiving A Report Ordering An Improvement And the Preparation of Plans And Specifications For McKenna Road, From County State Aid Highway 16 To The South Corporate Limits Of The City of Shakopee Project No. 1996-7 WHEREAS, the Shakopee Mdewakanton Sioux Community,a federally recognized Indian Tribe,desires to see the unpaved portion of McKenna Road,within the City of Shakopee Corporate Limits, improved to a bituminous paved surface; WHEREAS, the Community is willing to pay the costs associated with such road surfacing; WHEREAS, the City of Shakopee is willing to administer the design and construction of such a surfaced road; and WHEREAS, an agreement between the Community and the City of Shakopee, regarding surfacing the unpaved portion of McKenna Road, has been prepared for the improvements to McKenna Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such improvements are hereby ordered as proposed in the agreement dated July 2, 1996. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1996-7 Public Improvement Program. 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. ��� 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 21, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Proposal for Engineering Services McKenna Road Reconstruction WSB Proposal No. 058.96 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 engineering services for the above-referenced project. We are proposing to complete the work as detailed herein, on a cost-reimbursable basis with not-to-exceed costs as noted herein. As we discussed, this project will be developed for bidding and could involve Municipal State Aid funding. For your information, we have separated our fees in a way to identify specific tasks within the project scope. Design Survey/Control $2,200 This phase will involve collecting the field survey data necessary to design the project and tie the project into the Scott County coordinate system. Easement Descriptions $800 It is anticipated that as many as six easement descriptions may be necessary on this project in order to facilitate the relocation of existing overhead power lines. Due to the nature of easement work, it is difficult to assess the anticipated fee to prepare the necessary documents for the City to acquire the easements. It is proposed,due to the unknown nature of this phase,that surveying services be based on a cost-reimbursable basis. This phase does not include engineering time to coordinate the acquisition of the easements. If engineering time is requested from WSB & Associates, it will be completed on a cost-reimbursable basis. Final Design/Specification Preparation $15,500 This phase will encompass the preparation of the final construction plans, specifications and bidding documents for submission to the City of Shakopee for your review and approval. The plans will be developed in accordance with state aid standards,meeting Municipal State Aid funding requirements. Since a feasibility study has already been developed and approved by the City, the scope of work Infrastructure•Engineers•Planners OPPORTUNITY EMPLOYER F.9WPWIMPROPOSAL 1058.961062196.BL EQUAL Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee June 21, 1996 Page 2 within this phase includes only the final design plan and specification preparation, with no feasibility study services included. State Aid Plan Preparation Requirements $2,500 This phase includes only the additional engineering fees that would be required to develop the additional plan sheets and details to conform to State Aid design submittal requirements. It is anticipated that this additional fee will only be necessary if State Aid funding and review is required on this project. Construction Surveying/Administration This will be completed on a cost-reimbursable basis and is estimated at 3%to 5% of the construction cost. The City of Shakopee agrees to reimburse WSB & Associates, Inc. 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. Bret A. Weiss, P.E. Acting City Administrator Vice President City Clerk Mayor Date F:1 HPWITAPROPOSAL 1058.961062196.BL - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. II!��� 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 21, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Proposal for Engineering Services McKenna Road Reconstruction WSB Proposal No. 058.96 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 engineering services for the above-referenced project. We are proposing to complete the work as detailed herein, on a cost-reimbursable basis with not-to-exceed costs as noted herein. As we discussed, this project will be developed for bidding and could involve Municipal State Aid funding. For your information, we have separated our fees in a way to identify specific tasks within the project scope. Design Survey/Control $2,200 This phase will involve collecting the field survey data necessary to design the project and tie the project into the Scott County coordinate system. Easement Descriptions $800 It is anticipated that as many as six easement descriptions may be necessary on this project in order to facilitate the relocation of existing overhead power lines. Due to the nature of easement work, it is difficult to assess the anticipated fee to prepare the necessary documents for the City to acquire the easements. It is proposed, due to the unknown nature of this phase, that surveying services be based on a cost-reimbursable basis. This phase does not include engineering time to coordinate the acquisition of the easements. If engineering time is requested from WSB & Associates, it will be completed on a cost-reimbursable basis. Final Design/Specification Preparation $15,500 This phase will encompass the preparation of the final construction plans, specifications and bidding documents for submission to the City of Shakopee for your review and approval. The plans will be developed in accordance with state aid standards,meeting Municipal State Aid funding requirements. Since a feasibility study has already been developed and approved by the City, the scope of work Infrastructure•Engineers•Planners EQUAL OPPORTUNITY EMPLOYER F.IWPWlMPROPOSALI058.961062l96BL Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee June 21, 1996 Page 2 within this phase includes only the final designPlan and specification preparation, with no feasibility study services included. State Aid Plan Preparation Requirements $2,500 This phase includes only the additional engineering fees that would be required to develop the additional plan sheets and details to conform to State Aid design submittal requirements. It is anticipated that this additional fee will only be necessary if State Aid funding and review is required on this project. Construction Surveying/Administration This will be completed on a cost-reimbursable basis and is estimated at 3%to 5%of the construction cost. The City of Shakopee agrees to reimburse WSB & Associates, Inc. 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. ej?;441/11 Bret A. Weiss, P.E. Acting City Administrator Vice President City Clerk Mayor Date F..I WPWIMPROPOSAL 1058.961062196.BL i MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: Bruce Loney, Public Works Director 64 SUBJECT: McKenna Road Construction in the City of Shakopee Corporate Limits,Project No. 1996-7 DATE: July 2, 1996 MEETING DATE: July 2, 1996 INTRODUCTION: This memo is an update on the draft agreement between the Shakopee Mdewakanton Sioux Community (SMSC) and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road in the Corporate Limits in the City of Shakopee. $ACKGROUND: The City Attorney and the Community's attorney have been working on the agreement for the past three days and many of the issues have been resolved. There are still four outstanding issues unresolved at this time, for the Council meeting on July 2, 1996 as follows: 1. City staff time reimbursement 2. Electrical easement acquisition payment 3. Termination of contract 4. Disbursement of escrow funds On Item No. 1 - City Staff Time Reibursement, the Community objects to paying for City staff associated with this project, such as contract administration and other duties in constructing the improvements. Staffs position in this matter has been that the Community pays for 100% of the costs to build a local road standard, and 100% of the costs include indirect costs, such as engineering and contract administration as well as the direct costs of constructing the improvements. On Item No. 2 - Electrical Easement Acquisition Payment, the Community does not want to pay for easements outside of its property for electrical line placement, beyond the street right-of-way necessary to build the improvement. On a normal City project, in a rural area, the City standard street is built within a 60 foot right-of-way. In addition to a 60 foot right-of-way, the City has a 10 foot utility and drainage easement provided on both sides of the road, thus in essence there is a 80 foot wide corridor in which to place the electrical utility line. Shakopee Public Utilities Commission (SPUC) does not want to pay for any easements necessary to install its line at this time. Staff believes that any easements necessary to install the electrical line, as with any local rural roadway design, should be paid for by the Community. Additional width of easements, due to State Aid requirements, should be a cost borne by the City and/or SPUC. On Item No. 3 - Termination of Contract, the current wording in the draft agreement states that the Community is reimbursed of cost, if the agreement is terminated. This could be interpreted to mean that the Community is reimbursed, even if they terminate the agreement, and this is not acceptable to staff. On Item No. 4 - Distribution of Escrow Funds, the Community wants to have approval of any escrow disbursement prior to disbursement. Staff believes that once the escrow fund has been established, and the project has been approved by the Community to move forward, that the City should have full control of disbursement of funds to its contractor, in which the City has the contract. Staff will discuss these issues with City Council at the meeting, and will ask Council for direction on each issue, and ask Council on how to proceed with this proposed roadway project. If sufficient direction is provided by Council on the policy questions of the items remaining to be resolved, staff can then resolve the agreement with the Community, subject to approval by the City Attorney. If Council wishes to review the agreement after revisions have been made on the unresolved items, this agreements can be brought back at the July 16, 1996 Council meeting. ACTION REQUESTED: Provide staff with direction on each agreement issue. BL/pmp ME4462 &%96 12:59 AND BENSON AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF SHAKOPEE REGARDING SURFACING THE UNPAVED PORTION OF MCKENNA ROAD This Agreement is made this 2nd day of July 1996 by and between the Shakopee Mdewakanton Sioux (Dakota) Community, a federally recognized Indian Tribe organized pursuant to 25 U.S.C. §476 ("Community"), and the City of Shakopee, a municipal corporation in Scott County, Minnesota ("City"). WHEREAS the Community desires to see the unpaved portion of McKenna Road (as further described below) surfaced and is willing to pay the costs associated with such road surfacing; and WHEREAS the City is willing to administer the design and construction of such a surfaced road, NOW THEREFORE in consideration of the mutual promises and conditions hereafter contained the parties agree as follows: 1. Undertakings Of The City. The City agrees to undertake the following activities. a The Improvements. The City shall administer the construction of a 7 ton design, 38' wide graded, 28' wide bituminous surface road on the unpaved portion of McKenna Road, which is generally described as a portion of the city street known as McKenna Road beginning at the center line of Sections 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, as shown on the attached Exhibit A (the "Improvements"). such construction shall include subgrade preparation, d2/96 12:59 FAEGNE AND BENSON'S 6124453856 sir _,u L::14mmmmmmimmmm sub-base and base preparation, permanent surfacing, surd-a -guttecr right-of-way grading , traffic signing, and all appurtenant facilities including any necessary drainage facilities (as shown on approved plans filed in the office of the City Engineer). b. Construction Plan And Approval Thereof. The City will engage a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans, specifications, and a cost estimate for complete installation of the Improvements, in accordance with City Design Criteria and rte farun I Standard Specifications and submit same to the Shakopee Public Utilities manager and f", u, to ,/O the Community. The City Engineer will include in such cost estimate the estimated 6rct v`' ,a +e,4,\'j•SJr y e7j) 69671/41-1. rdw 4. engineeringrlegatra4ifaimstratiye and inspection costs to be incurred by the City in mire connection with installation of the Improvements. The amount of the cost estimate shal( /11 r 0,8 L�O be referred to her in as h _ Estimated Cost. c. Construction. Upon the City Council adopting a resolution approving this Agreement, the Improvements shall be administered and constructed, in all respects not inconsistent with the terms of this Agreement, as other City improvements made pursuant to the provisions of M.S.A. Chapter 429 and other applicable statutes. That is: 1) The City shall have sole responsibility for administration of the project; 2) The City will use its best efforts to meet the completion schedule appended as Exhibit 8, but will not be responsible for any damages as a result of delays in the project; 3) The project administered by the City shall allow for any increase in project cost as permitted by M.S.A. 429 (but not to exceed 110% of estini tud-sesta the cost amount on the accepted bid), and 4)Any changes or any additional work required shall be approved by the City and Community. 2 02/96 12:59 FAEGRE FGRE AND BENSON 4 612445185 I a;._-+U i...,-- d. Final Approval. After approval of final plans and specifications by the City Engineer and followina acauisition_of all necessary easements as provided herein, the City shall advertise for bids for a three week period as required by Minnesota Statutes § 429.041, subd. 1. The City shall present the bids to the Community for its review upon receipt. The Community shall have ten (10)days from receipt of thei#1-bigiii in which to determine whether tQ proceed with the project with failure to jrrake a written election within such period deemed to be a determination natio proceed. If the Community agrees to continue this Agreement for construction of the Improvements, the community shall make the deposit I,LL . I' ' described in Section 3•zmd the City shall award contracts for the installation of the s'Ar.�,t. Improvements under the City's complete supervision. The City shall be responsible for preparing and conducting the bidding process, including preparing legal documents for use with the contractor(s) receiving the award. e. Easements. The City shall be responsible for obtaining all..,, J.v...,JAl(si 'i n ((11--,eSJ ,<.k.. , necessary easements for installation of the Improvements. Easement acauisition costs shall be included in project cpsts_ provided that the City shall be solely responsible for extra c9sti associated with_the_accuisition ooacdit1onal�a*lo that overhead electric ?JI4 / L( �Ir.ir.. nuy OV 'I 1 Lines will not need to be rebuilt in the event the City elects to widen the road in tyre I„ 2 u'''j' n ftlture The allocation of such costs shall be pro-rata based on land area 41171 &..: f. Inspection And Testing. The City shall be responsible for .tt m” inspection during and upon completion of installation of the Improvements, and construction testing. 3 02/96 13:00 FAEGR& 1:41L bEt6C1.1 - 61 t. w. l h. Maintenance. The City shall maintain the Improvements at its expense. i b. Future Improvements. If at a future date the City determines to upgrade the Improvements to above a 7 ton design, 38' wide graded, 28' wide bituminous surface road, the City shall be responsible for the cost of such future improvements. 2. Undertakings Of The Community. The Community agrees to undertake the following activities: /AVA- /- le a. Payment Of Costs. The Community agrees to pay the entire fl actual cost of the installation of the Improvements, including any reasonable c_tE engineering and.inspection costs and land acquisition incurred by the City, up to an ' C05.0p- amount not to exceed 110% of the estimatedcest Estimated Cost, but excluding the /rtc y`4/�"1 City's internal overhead anti administrative costs and any costs incurred to third parties for services which the City could reasonably have performed using its staff. b. Decision Decisions To Proceed Or Terminate. jal Prior to jncurrinq any land acauisition costshereunder_ the city shall submit to the Community for its review the total amount of the land_acauisition costs for which the Community is responsible. Upon receipt of such amount. the CQnunity shall have ten(10) days in • • - - Is , - . 1 - I • • • :. . • a : • •.: , • - • U- . - - _ •• 4 02/96 13:00 r s;FGRE AMU t o S UN • 61244:,7,'_;6 within_,such ten (10)day period deemed to beidecision not to Proceed. (b) The Community shall determine upon receipt and review of bids for construction of the Improvements whether to proceed with such construction or not to proceed and to terminate this Agreement, and shall notify the City of its decision, prior to award of the contract for construction. (gj In the event the Community determines not to proceed and terminates this Agreement pursuant to la) or(bl ab_oxe, the Community nonetheless agrees to pay the entire cost of the City's reasonable engineering,legal costs incurred to the date of termination, but shall have no other obligations hereunder. c. Easements. The Community shall make available to the City, at no cost to the City, all permanent or temporary easements from it necessary for installation of the Improvements. • - - • •• - . _ . _ _ - -- • . _ . _ - 3. Payment Method. Upon execution of this Agreement, the Community shall deposit into escrow with Cricago Title Insurance Comoanv'the amount of $25,000 for payment of the City's reasonable engineering costs plus the Community's share of estimated land acquisition costs. If the Community then determines to proceed with construction of the Improvements it agrees, prior to award of the contract, to place 464% 110% of the estimated Cost of the installation of I the Improvements into escrow The deposits into the escrow account shall be invested 5 X02/96 13:01 FAEGRE Ht 41 btu rWN -+ 6124453856 t iu.�yEi Lv • according to reasonably prudent instructions from the Community, and all interest earned on monies in the account shall be paid periodically to the Community. The escrow agreement shall further provide for release of funds to the City for payment to contractors upon monthly presentation of invoices for work certified by the City as completed-and . In the case of the City's expenses, the I invoice shall detail on an hourly basis the actual work performed to date. In the event of contingencies� which raise the cost of installation of the Improvements over the estimated Cost, the Community shall pay such additional costs (up to a maximum of 110% of the istimated Cost) within thirty (30) days of presentation by the City of invoices for work certified by the City as completed, accompanied by lien wzaiverg, and I a statement of the nature of the contingency. 4. Additional Provisions. This Agreement includes the following additional provisions: a. otices. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City: City Administrator City Hall 129 East First Avenue Shakopee, MN 55379 It to the Community: Stanley R. Crooks, Chairman Shakopee Mdowekenton Sloux (Dakota) Community 6 /02/96 13:01 FAEGRE AND BENSON NO.298 D08 / 2330 Sioux Trail N.W. Prior Lake, MN 55372 With a copy to: Tribal Administrator Shakopee Mdewakanton Sioux (Dakota) Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 • b Incorporation By Reference. All City of Shakopee Design Criteria, Standard Specifications, including bonding provisions, the approved plans, addenda, change orders, special provisions, proposals, specifications and contract for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made part of this Agreement by reference and as if set out herein in full. c. Authorization. Each party warrants and represents to the other that it has full authority to enter into this Agreement and holds the other harmless from any claim that such authority does not exist. d. Headings,. The headings in this Agreement are informational only and are not intended by the parties to alter the terms of the text of the Agreement. e. Disputes. Any disputes hereunder shall be resolved throuatt bindirla mediation. [Need lanauaae providing.more detail.( u t - ••t t t - t= - t - •t • terminat�/ethis Aareement wog 30 days written notice in the event' onditions beyond its contrQj render construction of the road impractical or impossible, In tie event of such JJ�� termination the Community shaiLbe reimhurs� r all cost incurred by ilio that date. 7 ,/02/96 13:Ea.: r►,�urrtc raw c r17U14 61 -.-,:J.;d56 I IU. Lek).1 IN WITNESS WHEREOF, the City and the Community have caused this Agreement to be duly executed on the day and year first above written. In Presence Of: CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk In Presence Of: SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY By Its Chairman M1 0145372 03 8 X07%02.96 13:02 FkEGRE AND BENSON • 6124453856 NU.2`71:$ 1U 7/2/96 ESCROW AND DISBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of June, 1996, by and among 3 C -I C.AC TITLE IN,SURANICE COMPANY_a Missouri corporation(hereinafter referred to as the"Escrowed'), the CITY OF SHAKOPEE, a municipal corporation in Scott County, Minnesota(hereinafter referred to as the"City"), and the SHAKOPEE MDEWAKANTON SIOUX(DAKOTA)COMMUNITY,a federally recognized Indian Tribe organized pursuant to 25 U.S.C. § 476(hereinafter referred to as the "Community"). RECITALS. A. The Community and the City have entered into an Agreement Regarding Surfacing of the Unpaved Portion of McKenna Road (the"Surfacing Agreement")of even date herewith pursuant to which the City has agreed to administer the design and construction of a surfaced road for the Community a copy of which is attached hereto; and B. The Escrowee acknowledges receipt of an executed copy of the Surfacing Agreement; and C The Pursuant to the Surfacing Agreement the Community has agreed to place certain additional amounts into escrow(such amounts are hereinafter referred to as the"Deposits"); and D The Community desires that the Escrowee disburse the Deposits and the Escrowee is willing to do so, on the terms and subject to the conditions hereinafter set forth. NOW, THEREFORE, for good and valuable consideration,the receipt and the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: • • - nternretation. This Agreement ik to be read and jnternreted together with the Surfacing Agreement till words used herein which are defined in the Surfacing Agreement shall have the same meaning as is given to them in the Surfacing Agreement. 2. Escrow. The Community shall submit the Deposits to the Escrowee as required by the Surfacing Agreement. The Escrowee agrees promptly to deposit the Deposits in such interest-bearing securities, bank deposits and/or so called"money market funds"established and managed by nationally recognized firms ab are scicctcdi by the Community, provided, J7/02/96 13:02 t-HEGRE AND BENSONu124-15385bNO.298 011 however,that the primary objective of such investment shall be to preserve the principal. Any interest earned on the Deposits shall be periodically paid to the Community. 3 Disbursements. The Escrowee is authorized and directed to disburse the Deposits deposited hereunder to: a Pay construction, engineering and inspection costs, incurred in connection with the construction of the Improvements. b Obtain releases and satisfaction of liens and other encumbrances, if any, pursuant to statements of amounts due which must be certified by the City. 4. Conditions Precedent to Each Disbursement. Prior to each Disbursement hereunder, it is a requirement of this Agreement that Escrowee be furnished: a. An application for payment inclu•'• ' a construction cost statement executed by the City and the contrac r .•: _ • _ • . . _ . _ . . _ - - . :� : �,..�.�. . _-:-- • . . •-. - the amounts paid to date, the amounts being requested, the balance due and a certification that the worth detailed therein has been completed. b. - - - • • • - •. •: • - = . -- -- filcr1 L X411. r A. I u, apirc Improvements. A copy of all additional documentation req aired purstjant to P Section 3 of the Surfpr.in2► Ag emenr r.;.- r =j '- - - - - - • - _ _ -- ..- - - -- -- - - - 1�_ Approval of the Community of the relevant application for payment, 644)-13 whl�h shall notbe unreasonably withheld or draped The Communitv'sfalvre /t&,2 be deemed an aoiao_val. \t5. Disbursement of Deposits by Escrowee. Upon receiving the approval of the Community to any application for payment, the Escrowee will pay the contractor-each C� / id:- ' - • •. - • : : . •:. •: • . - - - , the amounts shown thereoniorT-4-less-rthramitIffrapprovedby_the_CaFrenunitylDielikufssements Eeefewee- Upon receiving confirmation from the Community and the City that the Improvements have been completed, the Escrowee shall return to the Community the 2 f -17.'02'96 13:03 FAEGRE AND BENSON c,1�-a-153856 tlt7. �i undisbursed balance of the Deposits, together with any undisbursed interest or other earnings thereon, and the Escrowee shall be discharged from jls obligations hereunder. 6. Books and Records The Escrowee will keep and maintain,at all times, full, true and accurate books and records, in sufficient detail to reflect the Disbursements made by it hereunder. The Community may during normal business hours examine all books and records of the Escrowee pertaining to the Disbursements made by it hereunder and make extracts therefrom and copies thereof. 7. Exculoation. The functions and duties assumed by the Escrowee include only those described in this Agreement, and the Escrowee is not obligated to act except in accordance with the terms and conditions of this Agreement. The Escrowee does not insure that the Improvements will be completed, nor does it insure that the Improvements when completed will be in accordance with the Surfacing Agreement, nor does it make the certifications of the City or contractor its own, nor does it assume any liability for same ether _ - - - - = - .. = = - . The Escrowee has no liability for loss caused by an error in the certification furnished it hereunder as to work in place. The Escrowee shall not be responsible for any loss of documents or funds while such documents or funds are not in its custody. Documents or funds which are deposited in the United States mail shall not be construed as being in the custody of the Escrowee. No liability is assumed by the Escrowee to the Community as regards protection against mechanic's lien claims. 8. Fees. The Community shall pay all escrow charges as they are determined. 9. Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors ccssors and assigns; provided, however, � , that the Escrowee maynot assign its duties hereunder without prior written consent of the Community. g J O. Amendments. This Agreement can be amended or modified only by a writing signed by the parties hereto I1 Disputes [Mediation tan�, aoe1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY THE CITY OF SHAKOPEE By: .i7i02.96 13:03 FAEGRE AND BENSON + 6124453856 NU.d98 U13 COMMUNITY: SHAKOPEE MDEWAKANTON SIOUX (DAKOTA)COMMUNITY By: Its: ESCROWEE: CHICAGO TTT .E lNSURANQ COMPANY By: Its: M►.u141878.u2 4 / I e_ TO: Paul Bilotta, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1997 Budget Schedule DATE: June 27, 1996 Introduction Council is requested to reconsider the 1997 budget schedule. Background The new City Administrator has expressed the desire to review the 1997 budget requests before they go to council . Also, some department heads have expressed the desire to review their request with the new administrator before the council discussion. The first council session on the operating budget is currently set for July 30th. The next scheduled session is August 13th. Skipping the 7/30 session will give the new administrator time to review the budget. Also, the taxable tax capacity value is not expected to be available from the county until after the 20th of July. Action If Council wishes to accommodate the above desires, suggested action would be to; Move to cancel the July 30, 1996 budget worksession. is\finance\budget\memo627 1997 BUDGET CALENDAR TENTATIVE Date Who What March 29 Staff Capital Improvement Plan(CIP)worksheets prepared by departments due back to Finance May 9 Plan. Comm. Review CIP to see if projects fit into city's Comprehensive Plan goals May 14 Council Worksession on operating budget plans, ideas, goals. May 28 Council Optional worksession on budget plans, ideas,goals. June 4 Council CIP discussion June 6 Staff Budget request worksheets to departments July 12 Staff Budget worksheets due back to Finance from departments. July 30 Council Worksession on General Fund budget. Aug 1 State Receive Local Government Aid state aid figures. Aug 13 Council Worksession. Aug 27 Council Worksession. Sept 1 State Receive Homestead/Agricultural Aid state aid figures. County Receive tax capacity numbers(?) Sept 10 Council Worksession&meeting? Adopt proposed maximum tax levy Sept 15 Staff Certify maximum property tax levy to county which will be used for proposed property tax notices. Nov 15 County Proposed tax notices sent to property owners Dec 4 Council Hold actual property tax levy hearing. Dec 17 Council Adopt final tax levy and budget Dec 27 Staff Certify final tax levy. *Council can schedule additional dates for worksessions as needed. MEMO TO: V. Paul Bilotta,Acting Administrator // FROM: Bruce Loney,Public Works Director et,, SUBJECT: Authorization of Feasibility Report for Vierling Dr., from T.H. 169 to Presidential Lane; Taylor Street, from Vierling Dr. to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue DATE: June 27, 1996 MEETING DATE: July 2, 1996 INTRODUCTION: Attached is Resolution No. 4463, which orders the preparation of a feasibility report on the above referenced project. BACKGROUND: The 1996 Capital Improvement Program included the improvement of Vierling Drive, from Trunk Highway (T.H.) 169 to Presidential Lane; improvement of Taylor Street, from Vierling Drive within the Arlington First Addition Plat; and Polk Street, from Vierling Drive to 13th Avenue. Attached to this memo, is an attachment from the developer's agreement of Arlington First Addition, which petitions the City of Shakopee for the installation of public improvements of Taylor Street, within the plat of Arlington Ridge First Addition. Also attached is a letter from the Centers Group Limited, in regard to Taylor Street and Vierling Drive improvement projects. City staff has been working with the Centers Group Limited on a proposed mall expansion of the Shakopee Valley Mall area. Much of the area west of Taylor Street, in which Vierling Drive would travel through is Mn/DOT surplus property. This parcel is one of the parcels that is being considered as an excess right-of-way and will no longer be needed for the Shakopee Bypass Project. The roadway alignment, through this parcel, is fairly fixed and the Taylor Street alignment is fixed within the plat of Arlington Ridge First Addition. The Vierling Drive connection from Taylor Street to Presidential Lane is somewhat unknown at this time, as no development proposals for this property have been received by City staff. Arlington Ridge First Addition is proposing to build additional units within its plat and will need Taylor Street to access one of its units. Constructing Vierling Drive from T.H. 169 to Presidential Lane will complete the City's east-west collector to C.R. 15. Vierling Drive parallels the Shakopee Bypass and provides for local traffic circulation north of the Bypass. To construct Vierling Drive, the issues will be right-of-way acquisition, sanitary sewer service to undeveloped parcels, and alignment location through undeveloped parcels. Polk Street completion to Vierling Drive will complete the street system in this area. Staff is requesting authorization to prepare a feasibility report on this project area by Resolution No. 4463. Staff believes there is sufficient support among developers and property owners in the project area to prepare a feasibility report. Combining Vierling Drive and Taylor Street into one project would be more cost effective than separate projects. ALTERNATIVES: 1. Offer Resolution No. 4463, a resolution which orders the preparation of a feasibility report for Vierling Drive, from T.H. 169 to Presidential Lane; Taylor Street, from Vierling Drive to the north plat line of Arlington Ridge 1st Addition; and Polk Street, from Vierling Drive to 13th Avenue and move its adoption. 2. Deny Resolution No. 4463. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1,to prepare a feasibility report as development in this area will need all or a portion of the proposed road improvements to develop. Funding of the project will be from assessments and State Aid Funds for street oversizing on Vierling Drive. ACTION REQUESTED: Offer Resolution No. 4463, A Resolution Ordering the Preparation of a Report on an Improvement to Vierling Drive, from Trunk Highway 169 to Presidential Lane; Taylor Street, from Vierling Drive to the Improved Taylor Street Within the Plat of Arlington Ridge 1st Addition; and Polk Street, from Vierling Drive to 13th Avenue and move its adoption. BL/pmp MEM4463 RESOLUTION NO. 4463 A Resolution Ordering The Preparation Of A Report On An Improvement To Vierling Drive, From Trunk Highway 169 To Presidential Lane; Taylor Street, From Vierling Drive To The Improved Taylor Street Within The Plat Of Arlington Ridge First Addition; And Polk Street,From Vierling Drive To 13th Avenue WHEREAS, it is proposed to improve Vierling Drive, from T.H. 169 to Presidential Lane; Taylor Street,from Vierling Drive to the improved Taylor Street within the plat of Arlington Ridge First Addition; and Polk Street,from Vierling Drive to 13th Avenue by sanitary sewer,watermain, storm sewer, street construction,walks,trails and any appurtenant work and to assess the benefitted property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement,and the estimated cost of the improvement as recommended. 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 Attachment to Developers Agreement CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS The undersigned developer did on 7 day of 1995, enter into a Developer' s Agreement with the ity of Shakopee providing for the installation of public improvements. In said agreement, the developer has selected Plan B Improvements which provides that the City install the improvements and assess the costs to the developer owning the property to be benefited. It is understood by the developer that the City would be doing the Chapter 429 Public . Improvement at the developer's request and for the developer's convenience and the City would not be installing the improvements contained therein without this waiver. In conformance with the Developer's Agreement, the developer hereby petitions the City of Shakopee to install the following improvements and to access them pursuant to Minnesota Statutes Chapter 429: Street construction, sanitary sewer and storm sewer systems and watermain system in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee for Taylor Street, except the Northerly 150 feet thereof, within the plat of Arlington Ridge First Addition. The undersigned developer hereby waives their right to a public hearing prior to Council ordering the improvements and also waives their right to a public hearing prior to the levying of the assessments g related to said improvements and further waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of the installation of the above improvements. • Dated this 7 day of , 190'6- . James Development Firm, Inc. /Lf� %? By: 7 �� �' Frederick O. Watson y,":„ Ralph Schmitz, Pdent - Beverly M. —tson 3$6696Doc 1CV5 e OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA d Fi d or Recorded on [ Gf if 1 \SSM. ?at Boec)Cran, County Recorder by Deputy 16 06/26/1996 14:46 612-673-9768 CENTRES PAGE 01 1 LETTER OF TRANSMITTAL CENTRES GROUP,LTD. 119 N. Fourth Street, Suite 405 Minneapolis,MN 55401 VIA: Mail (612)673-9735 Overnight Delivery (612) 673-9768 FAX Messenger ✓ Fax Date: 6/26/96 Project: Shakopee TO: FAX#: #of Pages Bruce Loney 445-6718 3 FROM: Phil Smith Copies Date Description IN For Your Use is For Your Information For Approval As Requested For Review and Comment REMARKS: Signed: 1212AkALIQ Aka./N"_..... CC: 11/95 06/26/1996 14:46 612-673-9768 CENTRES PAGE 02 CENTRES G R O U P, L T D. June 26, 1996 A member of the Centres Group Mr. Bruce Loney,P.E. City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Re: Taylor Street and Vierling Drive Shakopee,MN Dear Bruce: To follow up on our conversation yesterday, I wanted to get back to you with Centres' thoughts on Vierling Drive. 1) Centres wholeheartedly supports the construction of both Taylor Street and Vierling Drive as soon as practical. The location of both roads seems reasonably fixed and our plans have been drawn with those locations in mind. 2) Centres is not yet a fee owner in any of the effected land and therefore are currently unwilling to bear any upfront costs. 3) We do anticipate that the land we are purchasing will be subject to normal assessments for streets. This should be more fully discussed in the development agreement and P.U.D. documents. 4) Until we have final approved site plans and civil drawings, the location of the curb cuts, etc. will be a moving target. We suggest that the city build both Taylor and Vierling with continuous curbs and Centres will address the exact location of the curb cuts in our P.U.D. submissions. Centres would pay for future alterations to the curbs. If there is still time to change the design after P.U.D. approval, we could then do so. 5) After thinking through the cross easements, we suggest that the existing easement and private road to Shakopee Town Square and Kmart be kept at its existing location and be tied into Vierling Drive. At such time, as our development infrastructure is built, Centres would agree to relocate the main private road further away from 169 and retain the existing private road as a minor access point. Real Estate Development and Management 119 N. Fourth Street, Ste. 405, Minneapolis, MN 55401 (612)673-9735 Fax (612) 673-9768 Headquarters 3315 N 124th St., Ste. E, Brookfield, WI 53005 (414) 781-8760 Fax(414)781.4333 06/26/1996 14:46 612-673-9768 CENTRES PAGE 03 Mr. Bruce Loney,P.E. June 26, 1996 Page 2 Bruce, I trust this solution will allow both Centres and the City'of Shakopee to proceed toward our goals with the least amount of upfront cost and needless reconstruction. Let me know your thoughts, and I look forward to speaking with you soon. Sincerely, fbi Phillip I. Smith PS:dmm L960626 cc. Paul Bilotta Karen Marty Brad Lis, Carlson Real Estate James McKinnon MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney, Public Works Director j SUBJECT: Stormwater Trunk Charge for New Developments DATE: June 26, 1996 MEETING DATE: July 2, 1996 INTRODUCTION: This agenda item is for Council to direct staff to review the Stormwater Trunk Charge Report with the Subdivision Review Committee (SRC) before City Councl consideration. BACKGROUND: At the April 2, 1996 City Council meeting, the preparation of a stormwater trunk charge for new developments was authorized to the consultant firm, WSB & Associates, Inc. At this same meeting, Jon Albinson of Valley Green Business Park, asked the Council if the Stormwater Trunk Charge Report could be reviewed by the public before Council consideration. One level of public scrutiny that Council could utilize would be the SRC which has been formed in order to review subdivision regulations. This Committee is made up of current developers in Shakopee, City Council members and Planning Commission members. Staff is proposing to have the Stormwater Trunk Charge Report completed for a first draft in July, and would ask City Council permission to review this report with the SRC, prior to bringing it to City Council for approval and adoption. ALTERNATIVES: 1. Direct staff to review the Stormwater Trunk Charge Report with the SRC when the first draft is completed. 2. Do not direct staff to review this report with the SRC. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the SRC is a public forum in which the proposed stormwater trunk charge can be scrutinized and reviewed prior to a City Council meeting. Comments received from the SRC can then be forwarded to City Council for their consideration prior to adoption of the fee. ACTION REQUESTED: Direct staff to review the Stormwater Trunk Charge Report with the Subdivision Review Committee prior to City Council's adoption of the fee. BL/pmp TCHARGE ilk. June 26, 1996 Mr. Jeff Henderson Mayor Paul Bilotta Acting City Administrator City Hall 129 S. Holmes St . Shakopee, MN 55379 Dear Mayor Henderson and Mr. Bilotta: It is with regret that I am turning in my resignation. After long consideration, I have determined that it is time for me to move on. I have greatly enjoyed working with people in Shakopee. My last day of work will be Friday, July 12, 1996. Sincerely, /4/ Karen Marty ACTION REQUESTED: Move to accept the resignation of Karen Marty, City Attorney, with regrets . ilk Memo To: Mayor and Members of the City Council From: V. Paul Bilotta, Acting City Administrator Meeting Date: July 2, 1996 Re: Authorization for outside legal services Introduction The City Attorney has turned in her resignation and her last day will be July 12, 1996. Discussion The City will be in need of legal services after July 12, 1996 and the Acting City Administrator needs to receive authorization from the City Council in order to be able to hire outside legal services. Unless directed otherwise, it is the intent of the Acting City Administrator to defer the issue of hiring another City Attorney or eliminating the position to the new City Administrator. Action Requested Offer a motion to authorize the Acting City Administrator to hire outside legal services. i:\commdev\cc\1996\cc07021egal.doc p Paul Bilotta,ActingCityAdministrator I �� MEMO TO: V. FROM: Bruce Loney,Public Works Director • SUBJECT: Floating Holiday Reimbursement to Dave Rutt DATE: June 26, 1996 MEETING DATE: July 2, 1996 INTRODUCTION: Attached is a letter from Dave Rutt from the Public Works Department in regard to a personnel issue regarding floating holidays. BACKGROUND: This agenda item is for consideration of reimbursement of holiday time to Dave Rutt in the Public Works Department from last year. Dave Rutt is a new employee that started with the City of Shakopee in October, 1995. In the year of 1995, Mr. Rutt did not take a floating holiday, though he did inquire as to the possibility of a floating holiday. Per the union contract between the City of Shakopee and Teamsters Local #320, in regard to floating holidays, it states that each employee may take one floating holiday to be taken at the request of the employee and approved by the employer. Said floating holiday is to be taken as a holiday during the current year and cannot be carried over to the next year. At the time the floating holiday request was made by Mr. Rutt, it was believed by Public Works supervisory personnel that floating holidays were not available to a probationary employee, thus the floating holiday was not granted. In further review of the City's contract and personnel handbook, there is no mention as to when a regular employee can take a floating holiday. Thus being the case, staff would now recommend that the floating holiday for Mr. Rutt be reimbursed for 1995 onto his 1996 calendar year. Mr. Rutt would then have two floating holidays to take in 1996 and he has taken one floating holiday this year already. ALTERNATIVES: 1. Direct staff to reinstate the 1995 floating holiday for Mr. Dave Rutt for use in 1996. 2. Deny the request to reinstate the 1995 floating holiday for Mr. Dave Rutt for use in 1996. 3. Table for more information. RECOMMENDATION: Staff believes that the floating holiday provision in the contract is somewhat unclear, and that a floating holiday should have been issued to Mr. Dave Rutt in 1995 and recommends reinstatement to be used in calendar year 1996. ACTION REQUESTED: Direct staff to reinstate the 1995 floating holiday for Mr. Dave Rutt to be used in 1996. BL/pmp PERSON V7f J1/ l VI.LO 01444J I d43 i ;:31 'E'6 CitY a Shakopt At t : Barry Sto -k 1 would 1 i kr to how. v-.ti r : ild out omit I if I Iv.; i t R+.\•t. v l• 3i1tT♦ l3Aa: !in ida' fm- , t aI \- :. a nct3 mu3(o ,-c.- �♦ ;1. t h, ty anr+ ;.a :nawar of t3.. t- klatIng 113_i .Cia7 Thank You . Dave Rut-t. fi p ,o/J j i-(47JUP "."4' /10^-/1p1 Memo To: Mayor and Members of the City Council) / 11 From: V. Paul Bilotta, Acting City Administrate Meeting Date: July 2, 1996 Re: Acting City Administrator Introduction The City Council has directed staff to keep City Hall open on July 5. Discussion Most of the staff will be on vacation on July 5. It is anticipated that the workload will be extremely light due to the holiday weekend. There will be five employees who will be working in City Hall on July 5: • City Attorney Accountant Planner II Assistant City Engineer Building Inspector All of the staff members on the City Council's normal City Administrator succession list will be on vacation so an Acting City Administrator should be named in case there are unforeseen or emergency issues over the holiday weekend. Alternatives 1. Name one of the individuals listed above as the Acting City Administrator. 2. Direct staff to cancel a vacation request for a staff person already on the succession list. Recommendation Staff recommends that the City Attorney be named the Acting City Administrator for the July 4 - 6 time period. Action Requested Offer a motion to name the City Attorney as the Acting City Administrator for July 4 through July 6, 1996 and move its approval. is'commdevtc\1996\cco7o2'acting.doc /.2 MEMORANDUM TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: Premises Permit for Shakope Lions Club DATE: June 25, 1996 INTRODUCTION AND BACKGROUND: The Shakopee Lions Club is requesting a premises permit for Pablo's Mexican Restaurant from the State Gambling Control Board. Prior to issuance of a permit, the Gambling Control Board must receive a resolution from the municipality where the activity will be conducted approving the permit. The Shakopee Lions Club currently holds premises permit at Babe's Place. They are in compliance with the city code and spend their proceeds within the City's trade area. ACTION REQUESTED: Offer Resolution No. 4460, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Shakopee Lions Club, and move its adoption. 1 RESOLUTION NO. 4460 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMITS FOR THE SHAKOPEE LIONS CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Shakopee Lions Club is seeking a Premises Permit for Pablo' s Mexican Restaurant, 236 South Lewis Street, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Shakopee Lions Club at Pablo' s Mexican Restaurant, 230 South Lewis Street, Shakopee, Minnesota, be approved. Adopted in Regular 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 i •Zlb EXPLANATION TO ORDINANCE 460 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt an ordinance summary. REMARKS: The City Council recently adopted an ordinance revising the pawnbroker section of the City Code. That ordinance was quite lengthy, but only amended a few sections. The City is required to publish all ordinances it adopts, unless a summary also is adopted. In order to save costs, a summary has been prepared, which identifies each of the changes to the City Code, but which does not repeat all the parts which are unchanged. ALTERNATIVES: 1 . Adopt the summary. 2 . Do not adopt the summary. ACTION REQUESTED: Offer Ordinance No. 460, an ordinance approving a summary of Ordinance No. 454, which amended City Code Sec. 6 .28, relating to pawnbrokers, precious metal dealers, and secondhand dealers, and move its adoption. Submitted by: ity Atto ney [28EXPL] ORDINANCE NO. 460 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A SUMMARY OF ORDINANCE NO. 454, WHICH AMENDED CITY CODE SEC. 6 . 28, RELATING TO PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - Summary Approved. The City Council hereby determines that the text of the summary of Ordinance No. 454, marked "Official Summary of Ordinance No. 454" 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 2 - 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 3 - The City Clerk shall publish the title of Ordinance No. 454 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 4 - Effective Date. Ordinance No. 454 becomes effective upon 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: f., City Attorney Published in the Shakopee Valley Ne�nys.'on the day of , 1996 . VV [2 7MEMO] ORDINANCE NO. 460, 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 following is the official summary of Ordinance No. 454, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on June 4, 1996 : The City Council amended the definition of Pawnbroker to match state law. The new definition in City Code Sec. 6 .28, Subd. 2 is as follows : 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 whe-leane moncy on dcpooit or plcdgc of personal property; who doalo in the purchasing of thing back again at a otipulatcd price; or who loans money occurcd by chattel mortgage or peroonal property, taking p000eooion of the property or any part thereof . No bank, savings and loan association, or credit union shall be deemed a pawnbroker for purposes of this Section. The ordinance prohibits minors from pawning or selling items to a pawnbroker. In order to clarify this provision, the word "minor" was changed to "person under the age of 18 years" in the Restrictions and Regulations section, Subd. 6 . The revised paragraph reads as follows: 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. State law requires that the pawnshop operator keep certain records, including the home address of the person who sold or pawned the item. The word "home" was added, making the Record Keeping section, Subd. 8 .A.3, read as follows: 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; The ordinance previously provided for a 30-day holding period before any pawned item could be sold. State law has extended this to 60 days. The Holding Period section, Subd. 9 .C, was amended, and a new paragraph D created, in order to match state law and to clarify the holding period. The new paragraphs read as follows : C. Any item sold or pawned to a licensee, for which a weekly report to the police is required undcr Cubd. 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. Any item sold 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. The requirement that the receipt identify the amount of money necessary to redeem a pawned item was clarified in Subd. 10, Receipt, paragraph A.5, as follows: 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. Note: The stricken language is deleted; the underlined language is inserted. 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. [2 7MEMO] 2 lco?C._ Memo To: Mayor and Members of the City Council From: V. Paul Bilotta, Acting City Administrator Meeting Date: July 2, 1996 Re: Resolution of support for St. Mary's Health Clinics Introduction The Sisters of St. Joseph of Carondelet have expressed an interest in operating a neighborhood clinic for the medically underserved in the Shakopee area. This clinic would be part of the St. Mary's Health Clinics system and is sponsored by the Sisters of St. Joseph of Carondelet. These clinics are staffed by volunteer physicians, nurses and admissions personnel and primarily aim to provided basic primary health care to those in low paying jobs witout medical insurance and ineligible for government subsidy programs. They are free, non-denominational and located in donated space in existing neighborhood facilities. Discussion The Sisters of St. Joseph of Carondelet would like to open a clinic at the First Presbyterian Church, located at 909 S. Marschall Road in mid-September, 1996. It would operate one afternoon per week from 2:00 to 6:00 p.m. and would see a maximum of 10-12 patients per session. At the June 18, 1996 City Council meeting, staff indicated that due to the non-profit, charitable nature of the proposal as well as the limited hours and customer traffic, this use could be allowed per Sec. 11.34, Subd. 4. Permitted Accesssory Uses as other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator." The City Council directed staff to prepare a resolution of support and acknowledgement for this project. Alternatives 1. Approve the proposed resolution of support. 2. Amend the proposed resolution of support and approve the amended resolution. 3. Do not approve the proposed resolution. 4. Table action on this item and request additional information from staff. Recommendation Staff recommends Altenative 1: the approval of the proposed resolution of support. Action Requested Offer Resolution No. 4458, A Resolution Expressing Support for the Establishment of the St. Mary's Health Clinic, and move its approval. i:'commdev'cc11996'cc0702lstmary.doc RESOLUTION NO. 4458 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, EXPRESSING SUPPORT FOR THE ESTABLISHMENT OF THE ST. MARY'S HEALTH CLINIC WHEREAS, the staff of St. Mary's Health Clinics has expressed a desire to establish a neighborhood clinic in the Shakopee area; and WHEREAS, this clinic will offer a valuable service to the community by providing free basic primary health care for those in low paying jobs, without medical insurance and ineligible for government subsidy programs; and WHEREAS, this clinic will be staffed by volunteer physicians, nurses and admissions personnel and sponsored by the Sisters of St. Joseph of Carondelet; and WHEREAS, due to the charitable intent of the clinic and its limited hours of operation and customer traffic, the use has been determined to be a permitted accessory use of the First Presbyterian Church, located at 909 Marschall Road South. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City of Shakopee fully supports the efforts of the Sisters of St. Joseph of Carondelet to establish a neighborhood clinic in the First Presbyterian Church. 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 MEMORANDUM /5„, TO: V. Paul Bilotta, Acting City Administrator FROM: Judith S. Cox, City Clerk __ SUBJECT: Premises Permit - Rotary Club DATE: July 1, 1996 INTRODUCTION AND BACKGROUND: The Shakopee Rotary Club is requesting a premises permit for Turtle's Bar and Grill from the State Gambling Control Board. Prior to issuance of a permit, the Gambling Control Board must receive a resolution from the municipality where the activity will be conducted approving the permit. The Rotary Club currently holds premises permits at Arnie's and at the Pullman. The VFW currently holds a premises permit at Turtle's in the old section. The Rotary Club's request is for the new section at Turtle's. In each case they may only sell pull tabs from the specific area designated within their leases with Turtle's. There is nothing in the City Code precluding the issuance of more than one permit at the same site. The State Gambling Control Board does issue multiple permits for the same site. The Rotary Club is in compliance with the City Code requirement that proceeds be spent within the City's trade area. ACTION REQUESTED: Offer Resolution No. 4465, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Shakopee Rotary Club, and move its adoption. RESOLUTION NO. 4465 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR THE SHAKOPEE ROTARY CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Shakopee Rotary Club is seeking a Premises Permit for Turtle's Bar and Grill, Inc., 132 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Shakopee Rotary Club at Turtle's Bar and Grill, Inc., 132 East 1st Avenue, Shakopee, Minnesota,be approved. Adopted in Regular 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 RESOLUTION NO. 4466 L A RESOLUTION OF APPRECIATION TO KAREN MARTY WHEREAS, Karen Marty served the City of Shakopee as its first full time in-house City Attorney from August 28th, 1990 until July 12, 1996; and WHEREAS, Ms . Marty set up the law department and was in charge of the City' s prosecutions and civil matters; and WHEREAS, during her tenure with the City and in addition to her regular duties, Ms. Marty revised and computerized the City Code, completely updated the City' s Personnel Policy, rewrote the subdivision and zoning ordinances and coordinated the City' s response to a proposal to place land in trust for an Indian tribe; and WHEREAS, in performing the duties of the position of City Attorney, Ms . Marty provided consistent and valuable legal advise which served to protect and enhance the quality of life in Shakopee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it expresses its deep appreciation to Karen Marty for her years of dedicated service. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of July, 1996. 1 �1 ►:� e ty of akopee ATTEST: City Clerk Approved as to form , City Attorney �&`�t4V:4nt 4,,,t! ". y. S.'°` '• MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney, Public Works Director /0. SUBJECT: Estimated Maintenance and Construction Costs of CSAH 17 and 15 and C.R. 79,North of Shakopee Bypass DATE: July 2, 1996 MEETING DATE: July 2, 1996 INTRODUCTION: On June 27, 1996, Scott County had a Transportation Committee meeting to discuss the speeding issue on County State Aid Highway (CSAH) 17), County Road (C.R.) 79 and CSAH 15, north of the Shakopee Bypass and within Shakopee City Limits. At this meeting alternatives were discussed and one of the alternatives was a County turnback option, in which the County roads would be turned`back to City of Shakopee's jurisdiction. Attached to this memo is Attachment No. 1, which estimates the annual roadway maintenance, signal maintenance costs, and future reconstruction roadway costs on an annual basis, as well as future signal replacement costs. BACKGROUND: In attendance at the Scott County Transportation Committee meeting was Councilor Bob Sweeney. Mr. Sweeney asked staff for a ballpark estimate of costs for the City of Shakopee, if the County roads previously mentioned, were turned back and accepted by the City of Shakopee. Per Attachment No. 1, it shows the increased costs of each category being roadway maintenance costs, signal maintenance costs, future reconstruction roadway costs, future signal replacement costs, as well as a total for each roadway segment. Total costs, per year on an annual basis, would be approximately $117,000.00. The City of Shakopee's tax base makes up approximately 40% of the Scott County overall tax base,thus the true increased cost to the City of Shakopee's taxpayers would be approximately $70,000.00 per year. The annual roadway maintenance and signal maintenance costs were based upon the 1996 Municipal Screening Board Data, which lists costs on a per mile basis for roadway and signal maintenance. Future roadway construction costs and future signal replacement costs, were estimated for CSAH 17 and 15 to be a future mill and overlay project, on a 20 year life cycle and C.R. 79 was based upon a 25 year cycle on a total reconstruction cost. Future signal replacement was based upon a 15 year life cycle and a$25,000.00 per leg replacement cost, in which there would be 7 additional legs that the City would inherit by accepting CSAH 17. There is no action needed for this memo as it is for informational and discussion purposes only. 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