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HomeMy WebLinkAbout09/17/1996 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE CITY COUNCIL SEPTEMBER 17, 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 : August 13, 15, 20, 1996 *7] Approve Bills in the Amount of $1, 091, 783 . 06 8] Communications 9] Public Hearings 10] Recommendations From Boards and Commissions *A] Preliminary Plat of Eagle Creek Bluff Addition located south of Boiling Springs Lane and east of CSAH-18 - Res . No. 4512 *B] Preliminary Plat of Valley Park 13th Addition located east of Valley Park Drive and north of the Hwy 101 Bypass - Res . No. 4518 *C] Final Plat of Samantha Woods located south of CR-16 and east of Roundhouse Circle - Res. 4511 *D] Final Plat of Market Place 2nd Addition located north of 5th Avenue and west of Market Street - Res . 4510 E] Request from Midwest Commercial Development to rezone 26 acres from AG to B-1 - Ord. No . 464 F] Meadows South Variance Denial - Res . No. 4520 TENTATIVE AGENDA September 17, 1996 Page -2- 11] General Business A] Police/Fire B) Community Development *a. Set Public Hearing to Consider Vacation of Right-of-way Adjacent to Lot 6, Block 3 P & V 2nd Addition - Res . No. 4509 b. Blocks 3 and 4 Demolition - consultant update C) Engineering a. Adopting A Storm Water Trunk Charge - Ord. No. 463 and Res . No. 4505 b. Award Bids for McKenna Road - Res. No . 4517 - memo to be placed on the Council table Tuesday *c. Snow Emergency Routes - Ord. No. 462 *d. Parking Control Request from School District #720 by Central Elementary *e. Parking Control Request from School District #720 by Senior High f. Declaring Adequacy of Petition & Ordering Preparation of Plans and Specs for Public Improvements for Valley Park 13th Addition, Project 1996-8 - Res. No. 4519 *g. Declaring Cost to be Assessed and Setting Hearing for St. Francis Sewer and Watermain, Project 1995-2 - Res . No. 4514 *h. Declaring Cost to be Assessed and Setting Hearing for 17th Avenue and Sarazin Street, Project 1996-1 - Res . No. 4515 *i . Declaring Cost to be Assessed and Setting Hearing for CR-15 Curb and Gutter, Project 1994-13 - Res . No. 4516 D) General Administration a. Photocopy Machine Replacement Proposals b. School Board/City Council Joint Meeting Date 12] Other Business 13) Adjourn *Anticipated to be routine items. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 13, 1996 Mayor Henderson called the meeting to order at 4:03 P.M. with Councilmembers DuBois, Zorn (at 4:04 P.M.), Sweeney, and Link present. Also present: Mark McNeill, City Administrator;Paul Bilotta, Community Development Director; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Mark Huge, Fire Chief; and firemen on the Committee for the fire station. Agenda item 3, final plat of Milwaukee Manor 2nd was deleted from the agenda. Items added to the agenda: 3a) Community Development Director position, and 3b)Excelsior- Henderson negotiations. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Cncl.Zorn arrived and took his seat. Mr. McNeill asked for direction on filling the Community Development Director(CDD) position. He explained that he would like to put the Building Department under the CDD as well as the Economic Development Coordinator. He recommended that the points for the position be increased to 113 for a salary range of$49,900 - $62,400. The comparable worth benchmark for community development directors having multi divisional responsibilities is 113 points. The MIS responsibilities will not be included. He recommended that the position be advertised state wide starting at Step 5 - $57,700. The job description has been changed. Mr. McNeill recommended not filling the Economic Development Coordinator position at this time so that the Community Development Director can have input in filling the position. He recommended filling the Planner I position. Councilmembers concurred with placing the Economic Development Coordinator under the Community Development Director with the understanding that the Economic Development Coordinator is not integrated to planning issues. Zorn/DuBois moved to accept the recommendations of the City Administrator for filling the Community Development Director position as outlined in his memo dated August 8, 1996, including the new job description. (CC Document No. 239) Motion carried unanimously. Mr. McNeill explained that staff had met with representatives of Springsted and Excelsior- Henderson to discuss the Excelsior-Henderson project and that Excelsior-Henderson would like formal action by the City Council regarding their proposal in the very near future. He reviewed with the City Council the proposals offered by Excelsior-Henderson as outlined in his memo dated August 13, 1996. (CC Document No. 238) Official Proceedings of the August 13, 1996 Shakopee City Council Page -2- Essentially, Excelsior-Henderson is requesting TIF funds from the City for a nine year period. They are asking the City to acquire property and build a facility which the City would then lease back to them under a lease-purchase agreement. Excelsior-Henderson proposes to deposit with the City $1 million to be put in reserve to insure payment of the taxes. Excelsior-Henderson will also pay to the City an annual 3% risk premium to be retained by the City until the reserve fund builds to $2 million. After the reserve fund reaches a balance of$2 million, the 3% risk premium shall drop to 1%. The risk premium to come from the TIF funds. When the reserve fund reaches $2 million, 90%0 of the TIF shall be paid to Excelsior-Henderson to reduce their lease payment. Mr. Bilotta pointed out that the calculations for the fiscal disparities as well as LGAIHACA would be outside the district which would maximize the amount of tax increment financing (TIF) to the company. Discussion ensued on the benefit to the City to sell bonds for the project and provide TIF to the developer, the amount of TIF requested by the developer, and the amount of risk premium desired by the City from the developer. Mr. McNeill was directed to continue to negotiate with Excelsior-Henderson with the Council's desires in mind: City will pay to the developer the TIF for a period of three years, recognizing that the reserve fund will not build up except for the interest being earned and that the total amount of the annual risk premium paid to the City will be retained by the City. Mr. McNeill updated the Councilmembers on negotiations with Gene Hauer for the 14+acres for the new fire station, more specifically the pending special assessments. Mr. Hauer is willing to pay $5,000 toward the estimated $36,000 for the special assessments. He asked the Council for direction. Discussion ensued on purchasing only five acres versus the whole 14 acres. At the request of City Council, Fire Chief, Mark Huge, explained the proposed layout on the site for the new fire station. He explained that the site being looked at right now utilizes the flattest, non- sloping land. Paul Mickelberg, Boarman Kroos Pfister Rudin& Associates, Inc., explained the limitations for building upon the site because of easements and the slope on the site. If the building is to occupy the slopping area, the plan would have to be significantly revised and the gas line relocated or modified to allow the building and uses to fit on this area. He explained other scenarios they looked at to locate the station to the center of the site and off to the back. He said that the proposed location of the site is the best option in locating the station and why. Cncl.Sweeney stated that one issue before them is the total size of the referendum and that the land cost is one of the elements. If there can be a viable referendum including $380,000 for land costs, then it would be fine to acquire this whole site. If not, another site could be acquired or not buy equipment. Official Proceedings of the August 13, 1996 Shakopee City Council Page -3- At the request of Mayor Henderson, Chief Huge, explained that the estimated cost for the station is $3,073,655, excluding unknowns such as site acquisition. This includes building, site improvement estimates, electrical costs, professional fees, furniture, equipment, telephone, computer, etc., per the architect. Cncl.DuBois concurred with Cncl.Sweeney that the Council needs to determine an amount for the referendum and then try and retrofit the cost for the land and the building into that amount. Cncl.Sweeney explained the importance of holding a referendum that has the potential to pass. Cncl.Zorn stated that $4 million is too much. Cncl.DuBois stated that she could live with $3.5 or $3.7 million. Chief Huge identified projections for equipment/truck purchases. He said that purchases can be changed around and that they should not be an issue. He explained the dollars as the committee saw it: $350,000-380,000 for 14+acres, with $120,000 in the budget and $200,000 in the budget for public works has been mentioned. They were trying to make the land a wash with money already in the budget so it would not have to be in the referendum. He said that they are looking at a $3 million referendum without the land. Mr. McNeill stated that there would be approximately a$100,000 cost for financing that needs to be included. Mayor Henderson stated that he does not want to design the building and whether there will be a kitchen and conference rooms. His concern is that there is a referendum that will serve everybody in the best possible way. In answer to a question from Mayor Henderson, Cncl.Link stated that with $120,000 already budgeted for land that the package could be done for$3.2-$3.3 million. Chief Huge reiterated that it was their desire to stay close to a referendum of$3.0 million with the understanding that there were funds budgeted to fund the 14.1 acres. Cncl.Sweeney pointed out that there are no dollars available to cover all items within the CIP; and, including the cost for the land in the referendum frees up funds in the CEP for other items such as park purchases. There was a consensus that the referendum include all costs including the purchase of land for the fire station. Cncl.Link expressed concern about the additional cost of the land because of the pending special assessments ($36,000 minus $5,000 that the seller has agreed to pay) and the fact that some of the acreage can not be used. The land is getting to be pretty expensive. Official Proceedings of the August 13, 1996 Shakopee City Council Page -4- In response to a question from Cncl.DuBois, Chief Huge concurred that $3.4 million would be shy covering the building estimate at $3,073,000, a pumper at $350,000, and say 5 acres of land at about $200,000. He explained that it was the fire department's thinking that there is money budgeted for the pumper and that it would not be included in the referendum. Mayor Henderson explained that if the pumper is included in the referendum then that frees up additional funding for all projects in the CLP. Cncl.Zorn identified the three elements for the referendum: property, equipment, and building. The property is going to be handled by staff either by condemnation, direct purchase or combination, the equipment needs to be decided by the fire department, and the building will look like they want it to look like. Zorn/Sweeney moved to direct staff to take appropriate actions for a $4 million referendum for the new fire station. Discussion continued. Cncl.Sweeney explained that he felt that any additional vehicles (over and above the existing fire trucks) need to be included in the total referendum and that replacements are another thing. If the fire department can live without a new/additional vehicle, the referendum need not include vehicles. Motion defeated 1 to 4 with Cncl.Zorn in support of the motion. City Council took a break from 6:13 P.M. until 6:26 P.M. Chief Huge stated the Committee met during the break and that they are recommending a referendum at $3.4 million. This would include the land and the building and not the telesquirt, which could be looked at down the road a year or two. DuBois/Sweeney moved to direct staff to prepare for a referendum for the new fire station for $3,400,000. Mr. McNeill pointed out that the figures add up to $3.6 million: $100,000 for financing, $3.1 million for the station and roughly 400,000 for 14+ acres including $16,000 for future SPUC charges. If Council is comfortable with $3.4 million, there will have to be some adjustments. Cncl.Sweeney questioned if storm drainage, sewer and water were included in the building budget. Cncl.Link responded that site improvements were not included. Mr. David Kroos, from Boarman Kroos Pfister Rudin& Associates, Inc., explained what was included for site improvements: site utilities, some grading, curb and gutter, and general site items. Official Proceedings of the August 13, 1996 Shakopee City Council Page -5- Cncl.DuBois pointed out that the estimated assessments would be prorated depending upon how many acres are purchased. Mr. McNeill stated that it is his understanding with this budget that with $400,000 it is the intent to purchase the entire 14.5 acres. Councilmembers concurred. Discussion followed on the possibility of platting and selling the acreage not needed by the fire department reducing the actual costs down to $3.4 million. Mayor Henderson called the question at $3.4 million. Motion carried with Cncl.Zorn opposed. Mayor Henderson thanked Chief Huge and the Fire Department Committee. Sweeney/Zorn moved to adjourn to Thursday, August 15, 1996, at 5:00 P.M. Motion carried unanimously. The meeting adjourned at 6:43 P.M. a 4,41, d . 66 1ith S. Cox y Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 15, 1996 Mayor Henderson called the meeting to order at 5:00 P.M. with Councilmembers DuBois, Zorn (at 5:07), and Sweeney present. Cncl.Link was absent. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; and R. Michael Leek, Planner II. Mayor Henderson stated that the two items of business for this meeting are: 1) EAW for ADC Telecommunications, and 2) Excelsior-Henderson Negotiations. Sweeney/DuBois moved to approve the agenda. Motion carried unanimously. Mr. Leek explained that the Council is asked to approve the publication of the notice in the"EQB Monitor" and distribute the EAW (Environmental Assessment Worksheet) for comment as required for ADC Telecommunications. Upon publication of the notice, the 30-day review period begins for interested parties to submit comments to the City. He stated that the EAW will come back to City Council for their review and approval at a later date. DuBois/Sweeney moved to authorize the publication of notice in the"EQB Monitor" and distribution of the draft EAW for review and comment for ADC Telecommunication's proposed project in Valley Green Industrial Park. Motion carried unanimously. Mr. McNeill stated that he had been in contact with representatives of Excelsior-Henderson regarding their requests for assistance from the City and that he would like to bring the City Council up to date and get their comments. Mr. McNeill reviewed last Tuesday's main issues: The City would build the building and sell the bonds, and in order to minimize the City's risk, the Council had asked for $1,000,000 lease deposit up front and that the City would keep any risk premiums a percentage over and above what was necessary for the bond repayment. The Council also authorized three years of tax increment. Mr. McNeill explained the results of his discussions of this afternoon. He stated that it was marginal as to whether the City would be preferable for building the building or whether they would go with a private developer. Cncl.Zorn arrived and took his seat. Mr. McNeill explained that Excelsior-Henderson is asking the Council to consider one of two items: 1) City not involved with land acquisition and building the building and instead go with a "pay as you go" TIF for nine years, or if that is not an alternative, 2) The City acquires the land and builds the building and Excelsior-Henderson places $1,000,000 into reserve with a five year TIF, the City to receive 3% of the risk premium until such time as the loan value ratio drops to 75%, then it would go to 2%. Discussion followed. Official Proceedings of the August 15, 1996 Shakopee City Council Page -2- After discussing the two proposals of Excelsior-Henderson as explained by Mr. McNeill and other ideas of Councilmembers, Mr. McNeill summarized the consensus of Councilmembers to take back to Excelsior-Henderson. It was the consensus of Councilmembers that they were willing to establish a seven year TIF District and provide Excelsior-Henderson with TIF for five years, if the City did not acquire the land and build the building, as follows: 3 years at 100%, year 4 at 75% and year 5 at 25%. If the City acquires the land, builds the building, and sells bonds, the City would establish a seven year TIF District and provide Excelsior-Henderson a total amount equal to three years of TIF (which could be structured over five years)with the $1,000,000 deposit plus 3%/year risk premium which drops to 2%when the loan value is reduced to 75%. Sweeney/DuBois moved to adjourn to Tuesday, August 20, 1996, at 7:00 P.M. Motion carried unanimously. The meeting adjourned at 6:46 P.M. i• wpb (). ith S. Cox ity Clerk Recording Secretary • OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 20, 1996 Mayor Jeff Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane` DuBois, Burl Zorn, Clete Link and Robert Sweeney present. Also present: Bruce Loney, Public Works Director/City Engineer; Michael Leek, Planner II; Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Mark McQuillan, Park and Recreation Director; and Jim Thomson, City Attorney. The following item was deleted from the agenda because there was no action required: 11c) Excelsior-Henderson Proposal. Sweeney/Link moved to approved the agenda as modified. Motion carried unanimously. Liaison reports were give by Councilmembers. The Mayor had no report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. Don McNeil, 1101 Naumkeag, Chair of Community Access Corporation, approached the podium and explained that he had been denied access to the studio. He contacted the coordinator and was informed he had been charged with loss of equipment. He also noted use of copy wright materials. His intent was to bring this issue to the Council's attention and he asked for a remedy to have access. Mr. McNeil was informed that the appropriate place to address this issue would be through the Cable Commission who would then report to the Council. The next meeting of the Cable Commission is scheduled for September 4, 1996. In the meantime, Cncl. Sweeney will research the situation further to determine if Council action is necessary. Mayor Henderson acknowledged Commissioner Bannerman's presence as well as EDA members. DuBois/Zorn moved to approve the Minutes of July 16, 1996. Motion carried unanimously. Link/DuBois moved to approve the bills in the amount of $782,188.79. Motion carried unanimously. Mark McNeill recommended that the space in the basement of City Hall be offered to the CAP Agency for holiday storage as requested, noting any expenses such as a change in door locks or utilities be borne by the CAP Agency. In addition, they would also need to provide a "Hold Harmless" agreement to the City. • Official Proceedings of the August 20, 1996 Shakopee City Council Page -2- DuBois/Link moved to authorize the basement space in City Hall identified in the July 2nd letter to be authorized for utilization by the Scott-Carver-Dakota CAP Agency, Inc. through January 1, 1997. (CC Document No. 241) Motion carried unanimously. Mark McQuillan, Parks and Recreation Director, approached the podium and explained that currently there is $10,000 in the Park Reserve Fund and $1,014.18 in an escrow fund from the Shakopee Lions Club for future development of Lions Park. The Lions Club would like to apply those funds towards the purchase of new playground equipment in Lions Park and is requesting a transfer of funds. Zorn/Link moved to disperse $10,000 from the Park Reserve Fund and $1,014.18 from the escrow fund to the Shakopee Lions Club for the purchase of new playground equipment in Lions Park. Motion carried unanimously. The public hearing for the vacation of right-of-way for part of Apgar Street lying South of 10th Avenue (and West of the proposed plat of The Meadows North Addition) was opened by Mayor Henderson. Michael Leek explained that Gold Nugget Development, Inc. would like to plat the property between Fuller St. and Apgar St. noting that the decision on whether to vacate Apgar will impact the plat. There are concerns about whether those areas proposed to be vacated are adequately described. The Planning Commission reviewed the request for vacation and recommended approving a realignment of Fuller St. creating a "T intersection" between Apgar and Fuller Streets, maintaining Apgar as a through street. Comments from residents in the area related to keeping Apgar open as a potential access for those south of 10th Avenue. There was also interest in keeping it open to divert increased traffic elsewhere. It was noted that Minnegasco has a gas main in that portion of the right-of-way intended for vacation and, if vacated, a utility easement should be reserved for Minnegasco. Staff recommended leaving Apgar Street open to Hennes, forming a north-south connector to Thomas, providing a connection to Fuller for those south of 10th Avenue. Discussion ensued regarding the impact on State Aid in relation to Apgar and Fuller Streets. Mr. Loney explained that if Fuller Street is not retained as a State Aid road, the City would be required to reimburse the State Aid dollars that were spent to improve Fuller Street. However, Apgar could be designated as a State Aid street and the State Aid dollars could be reused. Discussion ensued regarding concerns for a north-south collector street in conjunction with the Scott County Courthouse redevelopment traffic circulation. It was noted that the previous Council agreed to vacate Fuller Street in conjunction with the County's plans for their campus. In response to a question as to the effect of Fuller Street to the north, Mr. Loney explained that by creating an east-west jog, Fuller Street could still be designated as a State Aid street. Official Proceedings of the August 20, 1996 Shakopee City Council Page -3- Mayor Henderson asked if anyone present in the audience wished to address the City Council at this time. Mike Pumper, 1175 Shumway, approached the podium and explained that he would like to maintain access to his garage which faces Apgar Street. Leroy Menke, 1185 Shumway, approached the podium and explained that his shop faces Apgar, at this point he cannot improve the property, and the use of this shop is dependent upon the decision to be made for Apgar Street.He stated he would like a decision one way or the other. Leon Opatz, Pioneer Engineering, representing Gold Nugget Development Inc., approached the podium and explained that he was previously told that Apgar would be vacated and realigned the streets (within the proposed plat) with the idea that the best connection would be with Thomas Avenue. At that time it was agreed to maintain Apgar and Atwood and Scott Streets to prevent too much traffic north through the plat rather than on the collector street. He noted that currently Apgar is a City street and improvements would be at City costs. He raised the question as to which lots would be assessed for future maintenance assessments as there would be no lots fronting Apgar Street. Dave Rief, 571 Hennes Avenue, approached the podium and stated he would like a decision made at this time, noting he would like to see the street closed, following the proposed plat. James Hennes, 591 Hennes Avenue, approached the podium and explained that the County had told him that when Apgar is redeveloped curbing would be replaced. He asked if the curbing is replaced who would pay for it. Bruce Loney explained that if bituminous curbs are changed to concrete curbs, City policy requires the cost to be assessed 100% to the property owners if they did not previously have concrete curbs. Leroy Menke approached the podium and explained that it was previously the City Engineer's decision to put a temporary curb in. The City demanded the developer do this when Prairie View was developed. Discussion ensued regarding future City policy and proof of benefit in relation to assessments. Discussion ensued regarding signalized railroad crossings on Apgar. James Hennes, approached the podium and suggested relocating the stop sign to 10th Avenue and Pierce Street if Apgar is closed. Official Proceedings of the August 20, 1996 Shakopee City Council Page -4- Lois Geis, 528 Thomas Avenue, approached the podium and explained that she had moved into her home under the assumption that the County would blacktop County Road 79, noting it has been postponed every year. She also understood that Apgar would be closed and asked if there is a change in the preliminary plan, at whose cost it would be to keep Apgar open. It was her understanding that the County gave the City nearly $300,000.00 for improvements to Apgar Street when they designated Fuller Street as a County Road. She also noted that from Thomas Avenue to the point of the proposed vacation is the backyard of those on McDevitt St. and asked if those on McDevitt or those on Thomas would have to pay. Bruce Loney confirmed that the City had received $277,000 from the County for what would have been their share to improve Apgar towards the Fuller Street project. The decision to designate Fuller as a collector street and negotiations with the County lead to a cooperative agreement under which the County gave the City the $277,000 for the construction of Fuller Street, turning Apgar Street back to the City when Fuller Street is completed. Jean Marshall, 600 Hennes Avenue, approached the podium and explained that Apgar was originally designed as a collector street and the houses beyond 10th Avenue do not have driveways entering onto Apgar. If Apgar is closed there will only be one street exiting the development north, noting that the traffic would be routed to Pierce Street. She expressed frustration at a lack of communication between the city and the county, noting there is already curb and gutter on Fuller, the plat is not yet approved as it is dependent on the vacation of Apgar. She explained that there should be a flow from old to new areas when platting. Pat Pass approached the podium and explained that the road (CR-79) was to be blacktopped since 1973 and she is still waiting for the blacktop. She said she would like Apgar open and expressed concern for emergency equipment or evacuation if there is only one road north of the Community Center. Having no other interested citizens, Mayor Henderson closed the public hearing. Cncl.Zorn suggested realigning Fuller Street to form a "T intersection" with Apgar and to keep Apgar open and work with the county regarding funding. Michael Leek explained that this was not one of the alternatives provided to the Planning Commission. Rather, they concluded the overriding interest was to provide some relief in traffic flow by maintaining Apgar open. They recommended realigning Fuller at the bottom of the proposed plat to form a "T intersection" with Apgar. Discussion ensued regarding various alternatives for realignment. Discussion ensued relating to contacting the railroad company about signalizing the crossing at Apgar before making a decision. w Official Proceedings of the August 20, 1996 Shakopee City Council Page -5- Zorn/Link moved to direct staff to realign Fuller Street to form a "T intersection" with Apgar. Discussion ensued relating to improvements to Fuller if a "T intersection is formed with Apgar. Jim Thomson explained that the action requested is whether or not to vacate Fuller not to re-design other streets. He cautioned against redesigning other streets that the City does not currently own. Motion carried 3-2 with Councilmembers Henderson and Sweeney opposed. Zorn/DuBois moved to deny the vacation of the right-of-way for Apgar Street. Motion carried unanimously. A break was taken at 8:40 P.M. The meeting reconvened at 8:49 P.M. Mr. Leek explained that the Planning Commission has reviewed the petition from Higher Ground Church for the vacation of right-of-way (Naumkeag Street extended between 10th Avenue and Shakopee Avenue) and recommends the denial of the vacation due to a municipal need for parking in the area. Discussion ensued relating to pursuing a cooperative parking agreement between the city and Higher Ground Church. Zorn/DuBois moved to deny the vacation of the right-of-way (Naumkeag Street extended between 10th Avenue and Shakopee Avenue) and to pursue a cooperative agreement between the City and Higher Ground Church. Gary Morke, 1042 Merrifield, approached the podium and encouraged the denial of the vacation of right-of-way. Jean Marschall approached the podium and addressed the issue of busses trying to get onto the street. She preferred to have the street remain open. Dan Cole, Pastor Higher Ground Church, approached the podium and explained that the request came about because their master plan calls for a parking lot on the west side of the building. He addressed property destruction and hazardous parking on private property and asked what the City's plans were for the street in 1991. At that time he was told that the City had decided not to maintain the road as it was non-taxed property. He said he would be interested in a joint use parking lot. Discussion ensued relating to assessing non-tax paying bodies for public improvements. Motion carried unanimously. Official Proceedings of the August 20, 1996 Shakopee City Council Page -6- Michael Leek reported that the Planning Commission has recommended the approval of the Final Plat of Milwaukee Manor 2nd Addition, subject to conditions. Sweeney/Zom moved to remove discussion of the Final Plat for Milwaukee Manor 2nd Addition from the table. Motion carried unanimously. Zorn/Link offered Resolution No. 4479, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Milwaukee Manor 2nd Addition, and moved its adoption. Discussion ensued regarding a letter of credit as it relates to Park Dedication Fees. Motion carried unanimously. Mark McNeill reported the purchase agreement with Gene Hauer for 14.51 acres, to be utilized as a site for the proposed fire station shows $343,240 going to the Hauers, after deducting the $5000 to go towards assessments. He recommended approval of the purchase agreement, and that a warranty deed be directed to be executed upon receipt of approval by the City Attorney. Sweeney/DuBois moved to direct the appropriate parties to execute the purchase agreement with Gene Hauer for 14.51 acres of land (in the amount of $343,240), at the intersection of Vierling Drive and Eagle Creek boulevard, for future fire station/other uses. Motion carried unanimously. Judith Cox explained that at the last meeting the City Council was asked to consider amending the zoning ordinance to preserve the concentration of establishments that serve alcohol in the downtown area. During discussion, staff was also directed to look into the possibility of increasing the number of on sale licenses that the City may issue. The last time the number was increased not all licenses were applied for. According to state law the City may issue additional on sale liquor licenses if approved by the voters. The Council could put this question on the November ballot this year or in subsequent years. Discussion ensued relating to doing the referendum now in anticipation of substantial development. Sweeney/Zom moved to place a referendum on the ballot this November a request to issue five additional on-sale liquor licenses in addition to the 12 that we now have. Discussion ensued relating to unlimited licenses. Motion carried unanimously. Michael Leek asked for direction as to whether or not the Council still wants to proceed with the concept of setting a floor for liquor licenses in the central business and major recreation zones, and a ceiling on licenses in other districts. • Official Proceedings of the August 20, 1996 Shakopee City Council Page -7- Discussion ensued regarding directing licenses in any given area, specifying two licenses for the - downtown area, and the message the Council wants to send to the community. Jon Albinson, Valley View Business Park, approached the podium and explained that the purpose of the proposal to concentrate licenses for those establishments serving alcohol in specified zones was to allow for easier control and the development of the downtown area. He added that businesses will locate wherever the licenses dictate. Discussion ensued as to placing a reservation for two liquor licenses in the downtown area into the ordinance. Mark Miller, EDA member, approached the podium and expressed support for the ordinance. He said that the B-3 and MR zones are not exclusively downtown. He also noted that liquor licenses are allowed along the highway and the west end of town, although they do have conditions attached. He added that there is a need for additional entertainment and dining in the downtown area. He supports the ordinance as it would give control over where restaurants and liquor establishments will locate. Zorn/Sweeney moved to direct staff to draft an amendment to the City Code which establishes a finite number of licenses in the B-3 area, with a minimum of two additional licenses than currently exists in the downtown area. Motion failed 4-1 with Cncl. Zorn in favor. Mark McNeill asked that Michael Leek be appointed as Acting Community Development Director and suggested step 4 of the old range of$47,735.00. Zorn/Link moved to appoint Michael Leek as Acting Community Development Director, effective August 21st at an annual rate of pay of$47,735, during the time that he is serving in this capacity. Motion carried unanimously. Mark McNeill explained that staff was directed to negotiate with Mr. Bilotta's employer to provide consulting, planning and management services until such time as staffing levels are restored to handle normal levels of business. His billable rate will be $71.01 per hour, plus out of pocket costs for such things as mileage. This is not specifically provided for in the department, however there are five budgeted positions of which only two have been filled. Zorn/DuBois moved to authorize the appropriated parties to execute the consulting agreement with Parson Brinckerhoff Quade & Douglas, Inc., for the provision of consulting/management services for the City. Motion carried unanimously. • Official Proceedings of the August 20, 1996 Shakopee City Council Page -8- Bruce Loney recommended approval of the plans and specifications in order to proceed with the McKenna Road project in order to construct improvements during this construction season, including a new power line by SPUC. Sweeney/Zorn offered Resolution No. 4498, A Resolution Approving Plans and Specifications and Ordering Advertisement For Bids For McKenna Road, From County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee Project No. 1996-7, and moved its adoption. Motion carried unanimously. Bruce Loney reported that in addition to a trunk sanitary sewer, a lateral sanitary sewer is also necessary to serve the Prairie Village Plat. The property owners have signed petitions for public improvements and agreed to waive the public hearing and assessment hearing for the improvements. Link/Sweeney offered Resolution No. 4499, A Resolution Declaring The Adequacy of a Petition, Ordering the Improvements, and Preparation of Plans and Specifications for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County Project No. 1996-9, and moved its adoption. Motion carried unanimously. Item 11j) Extension of Preliminary plat Approval of Dominion Hills Addition was moved forward on the agenda. Michael Leek recommended the extension of 12 months in which to complete the final plat of the remaining portion of the Preliminary Plat for Dominion Hills. Discussion ensued regarding the extension process. Bruce Loney explained that the problem with proceeding with the plat lies in duel ownership of properties and escrowing payments for future roadway improvements. Discussion ensued regarding ordinance requirements for extensions. Sweeney/DuBois moved to retroactively extend the Preliminary Plat approval for Dominion Hills from the last extension to the present. Motion carried unanimously. Sweeney/DuBois moved to extend the 12 month period for approval of the Preliminary Plat for Dominion Hills by an additional 12 months. Motion carried unanimously. A break was taken at 9:59 P.M. The meeting re-convened at 10:12 P.M. Official Proceedings of the August 20, 1996 Shakopee City Council Page -9- Bruce Loney requested authorization to purchase a new 4-wheel drive tractor with side and rear mowers as identified in the 1996 Capital Equipment Budget. This purchase is necessary for operator safety, to meet the increase mowing need of steep slopes of drainageways and ponds, and it could be used for summer and winter time uses. Staff plans to use resources supplied by the Purchasing Department of the State of Minnesota, allowing the City to purchase through the State on the 1994 contract at 1994 prices. The dealer is offering $7,500.00 trade in for the existing Ford tractor and mowers. The total cost including all equipment to connect on to the tractor is $56,140.58. Link/Sweeney moved to authorize the purchase of the John Deere 6400 tractor and equipment for a total of$56,140.58 (including trade in and tax) to be expended from the Capital Equipment Fund - Storm Drainage Division. Discussion ensued regarding retention of the old tractor. Motion carried unanimously. DuBois/Link offered Appeal Resolution No. CC-757, Reversing The Decision Of The Board Of Adjustment And Appeals Regarding A Variance For Shakopee Services, Inc., and moved its adoption. Motion carried unanimously. Bruce Loney reported that Wally Lureen's position has not been filled and was budgeted for the entire year and requested filling this position with a full time employee. Sweeney/Zorn moved to authorize staff to advertise and hire a full time maintenance worker. Motion carried unanimously. Michael Leek reported that the City previously adopted a resolution to participate in the Metropolitan Livable Communities Act. The deadline for submission of the Housing Action Plan was June 6, 1996. However, the Metropolitan Council does not have a complete set of guidelines for preparation of action plans. Staff has prepared a Housing Action Plan that incorporates housing goals and recommends approval. Sweeney/Link offered Resolution No. 4491, A Resolution of the City of Shakopee Approving The 1996 Livable Communities Housing Action Plan, and moved its adoption. Motion carried unanimously. Mark McNeill stated that he would be extending the probationary job performance evaluation period of Park and Recreation Director Mark McQuillan for six months as he has not had sufficient time to adequately asses his job performance. Official Proceedings of the August 20, 1996 Shakopee City Council Page -10- Judith Cox reported that Hoang Minh LY's application for an on sale 3.2 percent malt liquor license is in order and recommended approval. Zorn/Link moved to approve the application and grant a 3.2 percent malt liquor license to Hoang Minh Ly, 1135 E. First Avenue. Motion carried unanimously. Mark McNeill explained that the International City Management Association Retirement Corporation (ICMA RC) is mualified 457 plan which allows for a portable retirement investment plan. He would like the ICMA RC to be designated as his plan of choice and requested to be excluded from PERA. He also requested that the Council authorize the City to establish the ICMA RC as an alternative investment plan, noting this would not impact the budget. DuBois/Sweeney moved to authorize the enrollment of the City of Shakopee in the ICMA RC. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4501, A Resolution Approving Election of Mark McNeill to be Excluded From The Public Employees Retirement Association, and moved its adoption. Motion carried unanimously. Sweeney/Zorn moved upon enrollment, that the City of Shakopee redirect Mark McNeill's PERA equivalent since his start of employment on July 22, 1996, to the ICMA RC. Motion carried unanimously. Sweeney/Zorn moved to authorize Finance Director Gregg Voxland to review the financial records of the Shakopee Cable Communications Access Corporation, as requested by the Corporation. Discussion ensued relating to conducting monthly meetings, problems associated with IRS filings, and community standards. Motion carried unanimously. Bruce Loney reported that the low bidder for the 10th Avenue storm sewer lateral project was Penn Contracting. He recommended awarding the contract, authorizing an extension agreement with WSB & Associates, Inc., and authorizing a 10% contingency for authorizing change orders or quantity adjustments. DuBois/Sweeney offered Resolution No. 4494, A Resolution Accepting Bids for Storm Sewer Laterals on 10th Avenue, From County State Aid Highway 17 To Shakopee Avenue; and Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-5, and moved its adoption. Motion carried unanimously. • Official Proceedings of the August 20, 1996 Shakopee City Council Page -11- Zorn/DuBois moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on the 1996-5 Project for the City of Shakopee. Motion carried unanimously. Link/DuBois moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1996-5 Project. Discussion ensued regarding contingency percentages. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4495, A Resolution Accepting Work on the 1994 Sidewalk Program Project No. 1994-3, and moved its adoption. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4496, A Resolution Accepting Work on the Downtown Streetscape - Phase II, Project No. 1993-12 and the Alley in Block 48 - Original Shakopee Plat Project No. 1994-1, and moved its adoption. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4497, A Resolution Accepting Work on the River District Trunk Sewer Project No. 1995-9, and moved its adoption. Motion carried unanimously. Cncl. Zorn reported receiving complaints from residents that a contractor is using the west end of 13th Avenue as an entrance into the developing area and is believed to have poured concrete at 5:00 A.M. and asked if they were in compliance with the ordinance. Mr. Loney stated that the ordinance allows work to begin at 7:00 A.M. and that enforcement of the noise ordinance is a police issue. Staff was directed to look into the matter. Zorn/Sweeney moved to adjourn to Tuesday, August 27, 1996 at 4:00 P.M. Motion carried unanimously. The meeting adjourned at 10:46 P.M. J i S. Cox ity Clerk Esther TenEyck Recording Secretary 2 TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: September 12, 1996 Introduction and Backgro d Attached is a print out showing the division budget status for 1996 based on data entered as of 9/11/96 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $275.36 . In the bill list is an item for Plehal Blacktopping for the installation of trails in Scenic Heights Park and Huber Park in the amount of $7, 370 . The purchase is covered by the Park Division budget. Since the purchase is over $5, 000, it should have had prior Council approval . Action Requested Move to approve the bills in the amount of $1, 091, 783 . 06 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/12/96 CURRENT YEAR ANNUAL MONTH TO PERCENT -.1- , DEPT .- DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED • 11 MAYOR & COUNCIL 83,090 12,169 45,035 54 12 CITY ADMINISTRATOR 215,490 5,215 148,965 69 13 CITY CLERK 132,040 4,250 77,745 59 15 FINANCE 307,410 9,707 207,920 68 16 LEGAL COUNSEL 260,030 1,429 139,277 54 17 COMMUNITY DEVELOPMENT 457,930 7,049 199,088 43 18 GENERAL GOVERNMENT BUILDINGS 132,510 5,428 93,693 71 31 POLICE 1,588,500 49,212 1,043,305 66 32 FIRE 418,670 7,473 239,635 57 33 INSPECTION-BLDG-PLMBG-HTG 228,930 8,128 145,816 64 41 ENGINEERING 407,760 17,998 230,641 57 42 STREET MAINTENANCE 775,720 10,516 362,558 47 44 SHOP 116,650 3,981 69,850 60 46 PARK MAINTENANCE 304,660 24,364 216,223 71 91 UNALLOCATED 436,340 6,503 268,204 61 TOTAL GENERAL FUND 5,865,730 173,421 3,487,955 59 17 COMMUNITY DEVELOPMENT 463,400 28,379 270,205 58 TOTAL TRANSIT 463,400 28,379 270,205 58 H m tn LLS 04 a a a a a a a a a a a 01 a s x x x x Z x H H H H H H H H H H H H H H 0 0 0 0 0 0 x W 000 04 0 • Co w U 0 H H N M Tr U) w N co 01 O 01 O O O O M 0O co co c0 co co H co co co 01 O Ln 0 0 0 0 w ri Hri H H H er HH4-4 ri co 01 O O O N C` to t11 LA U) U) U1 H in U) N U) In N N M M M co aD H 0 0 0 0 0 0 111 0 0 0 0 0 OH O 0 0 0 O1 ri O O O O O O ri O M O M O O N O 0 0 0 w H w W N 1D O N O H M H O O 0 LA O H ri ri 0 0 E+ N r. r- N N N H ap c0 O N C` M c0 H N N N H H a H H H H M H M H H H H H N M er MMM er N A W N N N Cl er N V N N N N N M Tr Tr Tr eN et, cr N O CQ L I L L L i I t I I I I L L p 1 t i I i U�" N N N N H NH N Cl N N No%-i tM H r-H H 0 U'tz7a H H H H U1 H tr ri H H H H H H c0 N H U1 M er a' O1 O1 01 01 N 01 Tr 01 01 O1 O1 01 N N ri ri M N H CO 0 0 0 0 0 0 01 0 0 0 0 0 01 0 O 0 0 0 0 01 Co Co w Z .al▪ W7 Co .W7 H Co H Co C4 Cx1> W( E. a . a .4 Co 03 0 gt H Co a Co a 0 a U H • H • s O W Co GI A 0 O! 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O CO MM i?ri in.CO N 001 CO CD N in-(n. th i/HI 1.H N 14 N 'r) icc 4I1 t?V}L! x H Ei a4 0, U o w ri x a U w E+ Cl) w ri Hrir1rir1Hr4 H EI rl H r-1 H H ri ri H C7 Q: \ \\\\\\\ W Q O1 Cl 01 01 O1 01 01 Ot 0 0 0 0 0 0 0 0 \ \\\\\\\ U W mmmmmmmm w x T Cl 01 01 01 01 Cl 01 V U H H ri H ri el ri r-1 O a z LI1 kv H 1- N U D4 A Ch Ch A Z 0 I< N14 N .'7 w V to V to V O x U U H (1) rn al a M M 0 N Ill U) t0 t0 M N N 0 H CO 0 to O r- 1/40 CO O H N CO 10 Ul al er %0 1,0 N O . . . . . . . . . . . . . . . . O CO U) H U1 O Ot Ot O H Ot t0 t0 N CA M N 111 O\ CO UI M N 0 CO CN dl H O1 t0 01 CO M M VI- M 0 M H H H N M U1 'o al M N i? VI- . N CO N er U) t0 H H 111 M 0 d• H V N N CO N VI- N VI- e1' H d' V} ON CT H V? H V? N N VI- V} th 0 H V! 4/1. t? V} .. H CO V} 40 ON Ot H H al�E a W h H H U) Z Z a H H W w w E E W W Z p. al f:4 a3 U a °a a w w Z 3 14Ca' >+ Z H Z a H ai H 0 0 co W H 4 1 El `1 E U w E X U a 0 CI) Z i a a 0\ a 0 C x Z 0 k. U EU w 0 ,c4 Ol H .7 O\ H E w w Z U) U C7 E w U H U 03 H W U) M u: c4 H w w O H d• ul H N Co rn 0 H 0 0 0 0 0 0 U 0 H H N M M M d' V. H M d' Ul CO d' 0 H H d' d. V. d' d' d' N N N N N C0 a H 40 30 1't it 4t 40 3t Xk 40 U U 40 40 *k 1t U 000000001010100 0 W W W W W W W W W W W W IoJj . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Preliminary Plat for Eagle Creek Bluff DATE: September 17, 1996 Introduction Van Zee Homes, Inc. has submitted an application for approval of the Preliminary Plat for Eagle Creek Bluff. The proposed subdivision is located south of Boiling Springs Lane. The proposed plat is 66.85 acres in size and includes 32 single family residential lots. Discussion A copy of the September 5, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval to the City Council subject to six(6) conditions being met prior to City Council review of the Preliminary Plat. Five (5) of these conditions have been satisfied. The outstanding condition is a minor revision (renaming a street), however the applicant has indicated that he will provide a revised Preliminary Plat drawing including this revision prior to or at the September 17, 1996, City Council meeting. At the September 5, 1996, Planning Commission meeting, an additional condition of approval was recommended to the City Council. This condition requires that the developer be responsible for all costs associated with connecting to the existing Boiling Springs Lane, including right-of-way acquisition, construction, and restoration. This condition has been incorporated into the draft resolution attached. The applicant has provided written comments regarding the additional condition of approval and the stormwater trunk charge, as it applies to this development. These comments are attached for your information. Alternatives 1. Approve the Preliminary Plat for Eagle Creek Bluff, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Eagle Creek Bluff 3. Deny the Preliminary Plat for Eagle Creek Bluff. 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 Eagle Creek Bluff, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4512, A Resolution Approving the Preliminary Plat for Eagle Creek Bluff, and move its adoption. jo- frb � / Julie Klima Planner I is\commdev\cc\1996\cc0917\ppecb.doc RESOLUTION NO. 4512 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR EAGLE CREEK BLUFF WHEREAS, VanZee Homes, Inc. is the owner of said property; and WHEREAS, the property upon which the request is being made is legally described as attached on Exhibit A; 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 Eagle Creek Bluff on September 5, 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 Eagle Creek Bluff, described as on attached Exhibit A, is hereby approved subject to the following conditions: A. Prior to City Council review of the Preliminary Plat, the following actions must occur: 1. Eagle Creek Bluff Avenue shall be renamed to Eagle Creek Bluff Drive. 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 storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$323.73 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Street widths shall be revised to 36 feet (face to face of curb). 5. The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. 6. Stormwater trunk fees will be paid by the developer, if the fee is approved by the City Council and published prior to Final Plat approval by the City Council. 7. All streets shall be dedicated with the first phase of Final Plat development, per Resolution No. 3943. 8. Copies of easement documentation shall be provided to the city for the access easement and the easement for trail purposes. The easement for trail purposes shall be included on the final plat drawing. 9. The developer is responsible for the costs associated with connecting to the existing Boiling Springs Lane, including: right-of- way acquisition, construction, and restoration. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 EXHIBIT A That part of the North 1320.00 feet of the Southeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, lying Easterly of the center lines of Scott County State Aid Highway No. 89 (now Scott County State Aid Highway No. 18) and Scott County State Aid Highway No. 16. and, That part of the South Half of the Northeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota lying easterly of the center line of County Road No. 89 as defined by Document No. 182830, Scott County Recorders Office (now Scott County State Aid Highway No. 18) and southerly of the following described line: Commencing at the northwest corner of said South Half of the Northeast Quarter; thence South 88 degrees 59 minutes 38 seconds East assumed bearing along the north line of said South Half of the Northeast Quarter a distance of 733. 85 feet; thence South 18 degree 51 minutes 58 seconds East a distance of 388. 65 feet to the point of beginning of the line to be described; thence South 77 degrees 38 minutes 11 seconds East a distance of 1831 .07 feet more or less to a paint on the east line of said South Half of the Northeast Quarter distant 588.98 feet northerly of the southeast corner and there terminating. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT: Beginning at the southeat corner of said South Half of the Northeast Quarter: thence west along the south line of said South Half of the Northeast Quarter a distance of 460.40 feet; thence deflecting to the right at an angle of 96 degrees 34 minutes 00 seconds a distance of 271 . 54 feet; thence deflecting to the left at an angle of 90 degrees 21 minutes 30 seconds a distance of 95.00 feet; thence deflecting to the right at an angle of 102 degrees 41 minutes 40 seconds a distance of 308.40 feet ; thence deflecting to the right at an angle of 86 degrees 00 minutes 00 seconds a distance of 431 . 63 feet to a point on the east line of said South Half of the Northeast Quarter distant 460. 60 feet northerly of the southeast corner; thence southerly along said east line a distance of 460. 60 feet to the point of beginning . t • prAl Van Zee Homes, Inc. 4),; 1. _ (�}� f■ 9951 Credit River Blvd. • Prior Lake, MN 55372 � ���� --' I Phone (612) 445-0576• Fax (612) 445-9523 1(](1l Lic.#1429 SEP 1 2 1996 • September 10 , 1996 City of Shakopee 129 South Holmes Street Shakopee , MN 55379 Dear Mayor and Councilmembers : There are two items regarding the approval of the Eagle Creek Bluff plat that I wish to discuss with you . The first is the imposition of a storm water trunk fee on the plat . The first time I learned of the stormwater trunk fee was at a meeting with city staff on the afternoon of September 3 . Hoping to beat any deadline for the imposition of this fee , we finished and submitted the final plat for our development in one week . Since the fee change did not require public notice and it wasn 't mentioned at previous meetings with city staff we had absolutely no idea such a large problem was waiting out there . Had we known , we would have submitted the final plat earlier . At the September 3 , 1996 City Council meeting you suggested that I submit to you reasons for the City Council to deviate from this storm trunk fee policy for Eagle Creek Bluff . Below are my reasons for this request . As part of the AUAR process , a Comprehensive Mitigation Plan was put together and two important things in that Plan were to keep storm water out of Eagle Creek and to provide "no net loss" of ground water recharge capabilities for recharge of the aquifers discharging to Boiling Springs and Eagle Creek , which means to have the water seep into the ground instead of run off . To accomplish the latter goal we are creating infiltration basins on each lot so that the storm water from the yards will seep into the ground rather than just run off into Eagle Creek . The water from the streets east of Eagle Creek is going into a larger infiltration basin that is located on the property to again allow the storm water to seep into the soil rather than run off into Eagle Creek . This development will not be contributing run off to any of Shakopee 's stormwater trunk facilities . Because of this we believe that it would seem reasonable that we not be charged a fee for storm water trunks . Also knowing what the requirements were under the AUAR and that under the old policy the city required our development to be responsible for all the costs involved with the stormwater it generated , I made arrangements with the City of Savage to provide for ponding for the storm water generated by the area east of Eagle Creek . Enclosed is a copy of that agreement . Again , since our subdivision has already provided for all its stormwater and will not be adding any stormwater to the city trunk facilities , I request that you waive trunk fees for Eagle Creek Bluff . The second item I would like to address is the requirement that the developer pay for the acquisition of off-site land for the completion of the connection for Boiling Springs Lane . We have always been more than willing to provide the connection to Boiling Springs Lane even though we felt our subdivision would be better off without it . At previous meetings the Planning Commission and Council decided that Boiling Springs Lane should go through for health and safety reasons primarily because of the extreme length of the existing Boiling Springs Lane . The fact that there is this small gap had been previously discussed with staff and I was always told that it was something the City would deal with should it be decided that the street would go through . Until last week no one ever lead me to believe that the way the city would deal with it would be to make it my responsibility to either buy the off site land or to pay for condemnation proceedings . Since it is a health and safety benefit for the existing neighborhood not Eagle Creek Bluff , please reconsider this item also . Respectfully yours , Clarence "K aas" Van Zee President 03/2 /1995 02:34 4459523 VAN ZEE CO PAGE 02 F , Developer's Agreement: Eagle Creek Par12 c(17 The Developer agrees to complete the excavation of the pond under future phases of this development. If the regional pond is not complete before subsequent phases begin,the developer may be requested to show that adequate ponding exist for all existing phases plus and any new phases to be constructed. The City of Savage and the Developer agree to a 50/50 cost split for any work associated with this pond except for the following two items: excavation of the pond, which is 100% Developer's responsibility, and construction of the dike, which is 100% the City's responsibility as in accordance with the attached cost split for pond construction. The construction of this pond shall fulfill the Developer's responsibility for ponding for the 145 acres included in the Eagle Creek preliminary plat. The Developer shall have the right to the use of the regional pond for his property located within the City of Shakopee. Any additional cost associated with piping the water from his property within the City of Shakopee will be the responsibility of the Developer and/or the City of Shakopee. The land within the City of Shakopee that is allowed to drain to the regional pond is described as follows: That part of the North 1320.00 feet of the Southeast Quarter of Section 13,Township 115.Range 22, Scott County,Minnesota lying Easterly of the center lines of Scott County State Aid Highway No. 89(now Scott County State Aid Highway No. 18)and Scott County State Aid Highway No. 16 and, That part of the South Half of the Northeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota lying easterly of the center line of County Road No. 89 as defined by Document No. 182830, Scott County Recorders Office (now Scott County State Aid Highway No. 18) and southerly of the following described line: Commencing at the northwest corner of said South Half of the Northeast Quarter; thence South 88 degrees 59 minutes 38 seconds East assumed bearing along the north line of said south Half of the Northeast Quarter a distance of 733.85 feet; thence south 18 degrees 51 minutes 58 seconds East a distance of 388.65 feet to the point of beginning of the line to be described; thence South 77 degrees 38 minutes 11 seconds East a distance of 1831.07 feet more or less to a point on the east line of said South Half of the Northeast Quarter distant 588.98 feet northerly of the southeast corner and there terminating. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT: Beginning at the southeast corner of said South Half of the Northeast Quarter thence west along the south line of said South Half of the Northeast Quarter a distance of 460.40 feet: thence deflecting to the right at an angle of 96 degrees 34 minutes 00 seconds a distance of 271.54 feet; thence deflecting to the left at an angle of 90 degrees 21 minutes 30 seconds a distance of 95.00 feet; thence deflecting to the right at an angle of 102 degrees 41 minutes 40 seconds a distance of 308.40 feet; thence deflecting to the right at an angle of 86 degrees 00 minutes 00 seconds a distance of 431.63 feet to a point on the east line of said South Half of the Northeast Quarter distant 460.60 feet northerly of the southeast corner, thence southerly along said east line a distance of 460.60 feet to the point of beginning. MEMO ON TABLE MEMO TO: Shakopee Planning Commission FROM: Joel Rutherford, Assistant City Engineerfr MEETING DATE: September 5, 1996 RE: Item# 10-Preliminary Plat of Eagle Creek Bluff INTRODUCTION The preliminary plat drawings submitted, along with the PUD approval, indicate a connection would be made to Boiling Springs Lane, north of the proposed subdivision. When the PUD was approved, it was assumed there was right-of-way available, north of the proposed Eagle Creek Bluff, to make this connection. During a meeting with the developer on September 3, 1996, it was suggested that there may not be right-of-way north of the proposed plat. Staff has reviewed Scott County information which confirms that the right-of-way needed to make this connection does not exist. The existing right- of-way consists of only a cul-de-sac, with no provision for a through street (see attached Exhibit). Without the right-of-way available, it would need to be acquired before connecting to the existing street. Acquiring the right-of-way may require a condemnation proceeding by the City. RECOMMENDATION An added condition for approval of the Preliminary Plat should be as follows: The developer is responsible for the costs associated with connecting to the existing Boiling Springs Lane, including: right-of-way acquisition, construction, and restoration. Q� 557 79 - ' MATCH LINE —,/`- JOHN MARAS ' EED OTTERBLAD °° (CD) MARVIN SKOV R 561 50 . - - - , ' OME JOHNSON v F- a �° RICHARD FENLASON 153280 r'• 157524 0 m 687 7p - - - ? 0 DRESSEN MARVIN vOS f ARMS 15042, 145448o 556 65 j\-- 0 ORpON ra HALL co LEONARD wtDMER 93 74 - 0 592 64 o Cvt • MES ea o °° GARY KALLENBACH Ig9752 CK co - ti m 61207 - _ • CD JOHN HISSINK 150065 131k4 • Ada I. 2-o-L hcede.e) .fes- . I • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Preliminary Plat of Eagle Creek Bluff DATE: September 5, 1996 Site Information: Applicant: Van Zee Homes, Inc. Location: South of Boiling Springs Lane Current Zoning: Rural Residential(RR)(See Exhibit A.) Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential (RR) East: City of Savage West: Rural Residential (RR) Comp. Plan: 1980: Rural Residential Draft 1995: Future Urban Area Area: 66.85 Acres MUSA: The site is not within the MUSA boundary. Introduction: Van Zee Homes, Inc. is requesting Preliminary Plat approval for a development consisting of 32 single family residential lots. The proposed development is located south Boiling Springs Lane (Exhibit A). Exhibit B illustrates the proposed Preliminary Plat. Considerations: 1. A Planned Unit Development (PUD) for this property was approved on February 15, 1994. Attached as Exhibit C is a copy of Resolution No. 3943, approving the Planned Unit Development for Eagle Creek Bluff 2. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee in the amount of$539.55 per residential lot be collected in lieu of park land. The park dedication payments shall be deferred to the issuance of a building permit for the principal structure on each lot. 3. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit D). These recommendations have been incorporated into the conditions of approval. 4. This subdivision is located within the land area studies as part of the City of Savage Alternative Urban Areawide Review(AUAR). While reviewing this application and any subsequent applications, the City will review all submittal information for compliance with the AUAR and its Mitigation Plan. 5. Lot 8, Block 5, proposes a jog in the southern lot line. Under usual circumstances, such a jog in the lot line would not be acceptable. However, in this case, the lot line has been jogged to accommodate the natural topography of the area and is therefore, acceptable. 6. Resolution No. 3943 dictates that the average lot size for this development shall be 1.42 acres. The preliminary plat, as submitted, provides for an average lot size of 1.37 acres. A condition has been added requiring that the preliminary plat be revised to comply with the requirements of Resolution No. 3943 prior to the review of the preliminary plat by the City Council. 7. The City of Savage has commented that Eagle Creek Bluff Avenue (from Shakopee) will connect into Eagle Creek Bluff Street (in Savage). Since"Avenue" and"Street" represent conflicting grid patterns, it was recommended that Eagle Creek Bluff Avenue be renamed to Eagle Creek Bluff Drive. A condition has been added recommending that the roadway be renamed to Eagle Creek Bluff Drive. 8. The Building Official has commented that the applicant is required to submit individual sewage treatment system evaluations to the Building Department. 9. Per Resolution No. 3943, variances to minimum lot widths were granted with the PUD approval. All affected lots are required to meet the minimum lot width requirements. Prior to preliminary plat review by the City Council, a revised plat drawing will be required to be submitted to reflect the required lot widths. Lot 2, Block 6, does not appear to meet this requirement. 10. All streets shall be dedicated with the final plat of the first phase of development per Resolution No. 3943. 11. An access easement across the property exists and the developer shall be required to provide a copy of this document to the city. 12. Resolution No. 3943 requires a dedicated easement and a 4 foot wide wood chip trail around Eagle Creek in Outlots B and D. The final plat shall include this information and a copy of this document shall be provided to the city. 13. The County Engineer has commented that landscaping within the existing County Road 18 right-of-way adjacent to the pond in Outlot C may be allowed upon completion of the pond construction. Pond access and utility issues need to be addressed prior to landscaping being allowed. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Eagle Creek Bluff, subject to the following conditions: a) Prior to City Council review of the Preliminary Plat, the following actions must occur: i) The Preliminary Plat submittal information shall be revised to reflect the following changes: a) An average lot size of 1.42 acres, as required by Resolution No. 3943. b) Eagle Creek Bluff Avenue shall be renamed to Eagle Creek Bluff Drive. c) All lots shall meet the required minimum lot widths specified in Resolution No. 3943. ii) A stormwater management plan shall be submitted by the applicant, and approved by the City Engineer. iii) An erosion control plan, including a narrative report, shall be submitted by the applicant, and approved by the City Engineer. iv) Information regarding proposed house pad locations, drain field locations, and proposed driveway grades must be submitted to the City Engineer. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) 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) 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$539.55 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Street widths shall be revised to 36 feet (face to face of curb). v) The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. vi) Stormwater trunk fees will be paid by the developer, if the fee is approved by the City Council and published prior to Final Plat approval by the City Council. vii) All streets shall be dedicated with the first phase of Final Plat development, per Resolution No. 3943. viii) Copies of easement documentation shall be provided to the city for the access easement and the easement for trail purposes. The easement for trail purposes shall be included on the final plat drawing. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Eagle Creek Bluff, to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Eagle Creek Bluff. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Eagle Creek Blufl:, subject to conditions, to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Eagle Creek Bluff subject to conditions, to the City Council, and move its approval. tyma_ Julie Klima Planner I i:\commdev\boaa-pc\1996\sept05pc\ppecbl.doc '-,J IAA. I: . �' �` ►��; `"r q EXHIBIT A !1 '-----) I1 LAKE !1 .. 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I s �� • c • a ll I', t J, \.,— t "? •001 1 o'"°� li ./. II I 18 i', „ .n M. i •ss� 11;— L _ ,_i ,,' „ r . 9I 'i 1/1 M i a I/1 MN -L -ill ll ll ll I tlll A li1 4 a . • EXHIBIT C RESOLUTION NO. 3943 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE EAGLE CREEK BLUFF PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Development Plans for the Planned Unit Development of Eagle Creek Bluff on January 13, 1994, and have recommended their approval; 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. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Development Plan for the Planned Unit Development of Eagle Creek Bluff described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. The following variances are approved: A. A variance to Section 11.25, Subd. 5, is approved to reduce the minimum lot size requirement within the R-1 Zoning District from 2.5 acres to an average lot size of 1.42 acres, with the smallest lot proposed for 1.07 acres. B. A variance to Section 11.35, Subd. 6 is approved to reduce the minimum lot width from 200 feet to 150 feet for all lots within the Shoreland District (Lots 2, 3, and 4, Block 3; Lot 1, Block 4; Lots 8, 9, 10, 11, 12, and 13, Block 5; and 1, 2, and 3, Block 6) when measured at the front setback line. C. A variance to Section 11.25, Subd. 5 is approved to reduce the minimum lot width from 150 feet to 40 feet for Lots 7 and 8, Block 5, when measured at the front setback line. D. A variance to Section 11.35, Subd. 7.B is approved to allow the impervious roadway surface of the proposed Eagle Creek Bluff Drive to be located less than fifty feet from the ordinary high water-mark for Eagle Creek. 2. The following design changes will be required: Streets .A. All streets shall be dedicated with the final plat for the first phase. B. No direct access to the lots along Eagle Creek Bluff Avenue will be permitted, except for Lot 1, Block 4. Land Use C. The number of single family residential lots is limited to a maximum of 31, unless one additional acre of land is purchased by the applicant and included in the plat. This one acre acquisition would allow 32 lots to be developed. • D. The location of septic systems within the Shoreland district shall be at least 150' from the ordinary high water mark for Eagle Creek. E. The developer shall provide at least 20% of the PUD site for open space (13.34 acres of open space is required). This land must be usable open space and cannot include land devoted to streets, alleys, parking, and private yards. F. The vegetation adjacent to Eagle Creek is to be preserved or enhanced in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark. A permanent survey monument pin and visible concrete marker (flush to grade) shall be provided on each side of each lot at the 200 foot setback line from the ordinary high water mark. G. The vegetation adjacent to the wetland areas is to be preserved or enhanced in a natural state. Restrictive covenants shall be recorded to ensure the protection of the wetlands. A permanent survey monument pin and visible concrete marker (flush to grade) shall be provided on each side of each wetland at the ordinary high water mark. 3. The following procedural actions must be taken: A. The developer shall enter into a recordable Development Agreement with the City stating the conditions of approval of the Planned Unit Development. B. Platting and the construction improvements shall occur in accordance with the phasing plan approved with the PUD. C. Approval of the Planned Unit Development is contingent upon approval of a Permit to Work in Protected Waters by the Minnesota Department of Natural Resources for the crossing of Eagle Creek by Eagle Creek Bluff Avenue. The Department of Natural Resources (DNR) must also approve any work affecting DNR regulated wetlands nos. 2, 3, and 4. D. Approval of the Preliminary and Final Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. E. The annual septic system inspection process, financial guarantees, and reporting system must be established and in operation prior to the release of the first building permit. F. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. G. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1. The Preliminary Grading and Drainage Plan; 2. The Erosion Control Plan; 3. The Stormwater Management Plan, including the stormwater calculations: and 4. The Final Construction Plans for all public improvements. H. The homeowners association will be responsible for maintenance of the common facilities, including the open space, the common water system, and the shared driveway for Lots 7 and 8, Block 5. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. I. Following the construction of Boiling Springs Lane within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit h� the City. the pri%ate easement along the north side of Lots 3 and 4 of Block I. Lot I of Black 2, and Outlot�A (open space) must he vacated and the existing driveway connection to CR 17 removed. 4. The following park dedication requirements shall be required: A. A 40 percent park dedication credit shall be applied to the park dedication fee, per Section 11.40, Subd. 4.E, subject to the following provisions: 1. The applicant shall construct an eight (8) foot wide bituminous trail in the Eagle Creek Bluff Avenue right-of-way. 2. The applicant shall dedicate a public pedestrian easement and construct - a four (4) foot wide wood chip trial around Eagle Creek on Outlots B and D. 3. The homeowners association shall be responsible for the maintenance of the two public trail systems in the PUD. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in !..� �� ' session of the City Council of the City of Shakopee, Minnesota, held this /;S4 day of •.5:..., ._ . 1994. 410 a r of{h i ' of M yo Shakopee Attest�. _ City Clerk I ' Approv • as to form: i/A'A AVPJZ ity Attorney EXHIBIT D INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner I FROM: Joel Rutherford, Assistant City Engineer"i! SUBJECT: Eagle Creek Bluff Preliminary Plat DATE: August 26, 1996 This subdivision is located within the land area studied as part of the City of Savage Alternative Urban Areawide Review(AUAR). After reviewing the referenced project, I have the following comments for the planning department and the applicant. Construction Drawings One of the conditions of the PUD was the approval by the City Engineer of the Final Construction Plans. These drawings have not yet been submitted. Streets The Subdivision Ordinance allows a pavement width(face to face of curb) of 28 feet for a "Rural Local Street". It is not clear, however, what is a rural local street. One interpretation could be"local streets"that are in areas zoned"rural". Another interpretation might be State Aid nomenclature that an urban street has curb and gutter, and a rural street does not. Because the Subdivision Ordinance specifies"face to face of curb", it appears the rural refers to the zoning. However, the standard width set for rural zoned areas, presumes that the minimum lot size is 2.5 acres. Because this development includes lots with a minimum area of 1.07 acres, and the close proximity to the non-rural lots of Savage, all the streets should be a minimum 36' (face to face of curb). The radii of the streets are not shown. The streets within the plat are required to include radii of 200' or greater. Sewer Plat to include private systems Water Water to be provided by connecting to Savage water system. Grading A condition of the PUD was that"no vegetation changes may occur within 75 feet of the ordinary high water mark" of Eagle Creek. The proposed pond and Eagle Creek Bluff Avenue encroach within 75 feet of the alignment of Eagle Creek, as shown on the drawings. A variance has been approved allowing Eagle Creek Bluff "Drive"to be located less than 50 feet from the ordinary high water mark for Eagle Creek. I have assumed that it was known the proposed pond would cause vegetation changes, and that this condition imposed on the PUD did not refer to the pond. The preliminary grading plan does not show how the house pads and septic systems will be placed on the plat, as revised. Information regarding house style, low floor elevation, etc. has not been included with the grading plan. Easements The PUD conditions require a dedicated easement and a 4' wide wood chip"trial" around Eagle Creek on Outlets B and D. The information submitted does not appear to include these items. Who will have title for Outlets B and D? Access Easement for Exception property. Ponding Easement is not shown on Preliminary Plat drawing. Storm Drainage Based on the information submitted this year, and after review of information submitted before this year, an acceptable storm water management plan(including pond storage, water quality ponds, discharge rates, etc.)has not been submitted for this site. If the Storm Water Trunk Fee is approved by the City Council (and published), the applicant will be responsible for payment of this fee. Erosion Control Plan Based on the information submitted this year, and after review of information submitted before this year, an acceptable erosion control plan(with narrative) has not been submitted for this site. } Other It has been assumed that no buffering, other than what was submitted, will be required along the existing County Road 18. This assumption is based on the premise that this portion will be abandoned. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: a) Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: 1. A storm water management plan shall be submitted by the applicant, and approved by the City Engineer. 2. An erosion control plan, including a narrative report, shall be submitted by the applicant, and approved by the City Engineer; and 3. Information regarding proposed house pad locations, drain field locations, and proposed driveway grades must be submitted to the City Engineer. b) Prior to recording of the Final Plat, the following actions must be completed: 1. Execution of the Developers Agreement; 2. The street widths revised to 36' (face to face of curb). 3. The Final Construction Plans and Specifications must be approved by the City Engineer, and 4. The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. c) The storm water trunk fees will be paid by the developer, if the fee is approved by the City Council and published prior to final plat approval by the City Council. 1O. 3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Preliminary Plat of Valley Park 13th Addition DATE: September 17, 1996 Introduction: Valley Green Business Park and the Shiely Company have made application for preliminary plat approval for a 126.07 acre site located north of the Bypass and east of Valley Park Drive. Discussion: A copy of the revised September 5, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval to the City Council subject to a number of conditions. Alternatives: 1. Approve the Preliminary Plat for Valley Park 13th Addition, subject to conditions. 2. Modify the conditions and approve the Preliminary Plat for Valley Park 13th Addition. 3. Deny the Preliminary Plat for Valley Park 13th Addition. 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 Valley Park 13th Addition, subject to conditions (Alternative No. 1). Action Requested: Offer Resolution No. 4518, A Resolution Approving the Preli inary Plat for Valley Park 13th Addition, and move its adoption. R. Michael Leek RESOLUTION NO. 4518 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR VALLEY PARK 13TH ADDITION WHEREAS, Valley Green Business Park and The Shiely Company are the owners of the subject properties; and WHEREAS, the property upon which the request is being made is legally described as attached on Exhibit A; 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 Valley Park 13th Addition on September 5, 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 Valley Park 13th Addition, described as on attached Exhibit A, is hereby approved subject to the following conditions: a) Prior to any grading of the site, a narrative report summarizing the proposed erosion control measures shall be submitted by the applicant and approved by the City Engineer; b) Street centerlines must have a radius of 200' or more, except at intersections; c) Prior to grading in the wetland areas, a wetland replacement plan must be approved per the requirements of the Wetland Conservation Act; d) Prior to recording of the Final Plat, the following actions must be completed: i) Execution of the Developers Agreement; a) Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b) Electrical system on the portion of the site owned by Valley Green Business Park to be installed in accordance with the requirements of Shakopee Public Utilities. c) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d) Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e) 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$895.00 for Lot 2, Block 2. The Park Dedication payment shall be deferred to the issuance of a building permit on that lot. ii) The Final Construction Plans must be approved by the City Engineer iii) Approval of title by the City Attorney. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 VALLEY PARK 13TH ADDITION Legal Description for Valley Green Business Park Lands in Plat Tracts H and I, Registered Land Survey No. 134, excepting therefrom Parcel 74 Minnesota Department of Transportation Right-of-Way Plat No. 70-13. AND That part of Tract G which lies easterly of the southerly extension of the most easterly line of Tract E, Registered Land Survey No. 134, excepting therefrom Parcel 74 Minnesota Department of Transportation Right-of-Way Plat No. 70-12 E_xt-tt 31T" P. CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek,Planner II/Acting Community Development Director SUBJECT: Preliminary/Final Plat of Valley Park 13th Addition MEETING DATE: September 5, 1996 11EM NO.: 12 Site Information: Applicant: Valley Green Business Park; The Shiely Company Location: North of the Bypass, South of STH 101 and East of Valley Park Drive Current Zoning: Heavy Industrial (I2) Adjacent Zoning: North: Heavy Industrial (12) South: Southerly Bypass East: Heavy Industrial (I2) West: Heavy Industrial (I2) Comp.Plan: 1980: Heavy Industrial Draft 1995: Heavy Industrial Area: 98.699 Acres(Valley Green), 27.371 (Shiely), Total 126.07 MUSA: The site is within the MUSA and can be served by municipal utilities at this time. Exhibits: Exhibit A: Zoning Map Exhibit B: Proposed Plat Exhibit C: Letter from Jon R. Albinson requesting consideration only of Preliminary Plat at this time. 1 Introduction: As set forth in Mr. Albinson's letter, the applicant originally requested and received approval for simultaneous review of the proposed preliminary and final plats, but now is requesting only review of the preliminary plat. Considerations: A number of engineering related issues are addressed in the memorandum of Joel Rutherford, Assistant City Engineer, a copy of which accompanies this report. Other considerations include the following; 1. The property is currently vacant land. Adjacent land uses include the bypass to the south, and industrial land to the north, east and west. 2. The property is currently zoned for Heavy Industrial uses. This property is within the Metropolitan Urban Service Area and can be served by all utilities. 3. The property is being replatted at this time to provide developable sites. 4. An Application for an Exemption to the Wetlands Regulations Act has been submitted. 5. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee in the amount of$895.00 be collected in lieu of park land for Lot 2, Block 2. The applicant has requested that the park dedication fee be deferred to the issuance of a permit for that lot. Lot 2, Block 2 is the only parcel that will result in a platted area of less than 5 acres. Industrial lots in excess of 5 acres are exempt from park dedication fee requirements. 6. Roadways are currently in place to provide access to these lots via 12th Avenue and Valley Park Drive. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Valley Park 13th Addition, subject to the following conditions: a) Prior to any grading of the site, a narrative report summarizing the proposed erosion control measures shall be submitted by the applicant and approved by the City Engineer; b) Street centerlines must have a radius of 200' or more, except at intersections; c) Prior to grading in the wetland areas, a wetland replacement plan must be approved per the requirements of the Wetland Conservation Act; d) Prior to recording of the Final Plat, the following actions must be completed: i) Execution of the Developers Agreement; 2 a) Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b) Electrical system on the Valley Green parcel to be installed in accordance with the requirements of Shakopee Public Utilities. c) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d) Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e) 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$895.00 for Lot 2, Block 2. The Park Dedication payment shall be deferred to the issuance of a building permit on that lot. ii) The Final Construction Plans must be approved by the City Engineer iii) The developer shall provide drainage and utility easements around the ponding areas and along lot lines as required by the Subdivision Ordinance. iv) Approval of title by the City Attorney. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Valley Park 13th Addition to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Valley Park 13th Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information. 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 Valley Park 13th Addition, 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 Valley Park 13th Addition, subject to conditions, and move its approval. 3 ' a n, n *11' CTI 4'" r �.� August 21, 1996 BUSINESS PARK Chairperson Gayle Madigan Planning Commission CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN 55379 Re: Valley Park 13th Addition Dear Ms. Madigan: We recently requested and received approval from the Planning Commission to run concurrent approvals for the Preliminary and Final Plat of Valley Park 13th Addition. At the time, expeditious review of this plat was necessitated by the Excelsior-Henderson development,which Valley Green and the City of Shakopee were working on. As you have probably heard,Excelsior-Henderson will be locating their new manufacturing plant in Belle Plaine, so the need for expediting the processes as was earlier suggested is basically no longer necessary. We still wish to proceed in a timely manner. With the above in mind,we ask that the Planning Commission table the Final Plat of Valley Park 13th Addition,and discuss only the Preliminary Plat, as provided for in our application. We will be undertaking a minor revision of the street alignment for this plat,which we can discuss with the Planning Commission at that time. Revised engineering work and a revised Final Plat will then be submitted and processed in a way that is more in line with how the Planning Commission has historically addressed the platting process. We appreciate your previous efforts and look forward to discussing the Valley Park 13th Addition development with you and the Planning Commission at your September meeting. Any questions, please call. Respectfully, VA Y GREEN BUSINESS PARK don R.Albinson Project Director JRA:jmc cc: Michael Leek-Acting Community Development Director Bruce Loney-City Engineer (vp13\x-006, 5240 Valley Industrial Boulevard South • Sha<cpe-. Vn =s:''? 5537? • T-o.!eohono: (5121445-9286 • Facsimile: (6121 445-9372 EXHIBIT C n ! I z HJ pi AU oci •0I 'nn•: 'I/I 7N 04L lU _,uu.roU ^ C.1) Aid 1113P1.1“3 Ali-II10,ot ON 041. Jo .44000 400! lb'LNG l -u100 V-----........„.\\ '6 d , f_O /.L roan •sl1 •ont rot 4.1300s 10 . • Ni ..i ,_�..� — to Jr/L.0110 }s004}x,N 041 30 uull 4x07 o g; 2. .. ro D>'L00 .40 ro '"0 09'0961. „_ _ ___LU -- — 3.41'ICAO N - ----- ` • -- --- c 0001. _____7IL ---,-, 44P. / =r. In j , n • i,, 'V c,; uu--, LL 04 03 c's I. ------ /I .30 mN • I �� o h Lli i0 , r •o 1 �°C n W 1 1 ,o m Z 1X.61,'0.0; c. f :;!.:;:*/d... 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U 4, 9y ', s i K 2 , U 049 t ,W F; "c,.) _..-._ .n" a SPU 3 xYL C' (Ob 1J-1- RESOLUTION ?-1-RESOLUTION NO. 4518 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR VALLEY PARK 13TH ADDITION WHEREAS, Valley Green Business Park and The Shiely Company are the owners of the subject properties; and WHEREAS, the property upon which the request is being made is legally described as attached on Exhibit A; 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 of Shakopee did review the the PlanningCommission of the CityS WHEREAS, P Preliminary Plat for Valley Park 13th Addition on September 5, 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 Valley Park 13th Addition, described as on attached Exhibit A, is hereby approved subject to the following conditions: a) Prior to any grading of the site, a narrative report summarizing the proposed erosion control measures shall be submitted by the applicant and approved by the City Engineer; b) Street centerlines must have a radius of 200' or more, except at intersections; c) Prior to grading in the wetland areas, a wetland replacement plan must be approved per the requirements of the Wetland Conservation Act; d) Prior to recording of the Final Plat, the following actions must be completed: i) Execution of the Developers Agreement; a) Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b) Electrical system on the portion of the site owned by Valley Green Business Park to be installed in accordance with the requirements of Shakopee Public Utilities. c) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d) Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e) 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$895.00 for Lot 2, Block 2. The Park Dedication payment shall be deferred to the issuance of a building permit on that lot. ii) The Final Construction Plans must be approved by the City Engineer iii) Approval of title by the City Attorney. e) The developer agrees that stormwater trunk fees will be payable if such fees are approved by the City Council. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 )D, c . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Final Plat for Samantha Woods DATE: September 17, 1996 Discussion James and Mary Monnens are requesting approval of the Final Plat for Samantha Woods. The subject site is located south of County Road 16 and east of Roundhouse Circle. A copy of the September 5, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Samantha Woods Addition to the City Council. Alternatives 1. Approve the Final Plat of Samantha Woods, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Samantha Woods, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Samantha Woods. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Samantha Woods, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4511, A Resolution Approving the Final Plat of Samantha Woods, and move its approval. .4 a& Julie Klima Planner I i:\commdev\cc\1996\cc0917\fpsmwds.doc RESOLUTION NO. 4511 A RESOLUTION OF 1'HE CITY OF SHAKOPEE,MINNESOTA,APPROVING 1'HE FINAL PLAT FOR SAMANTHA WOODS WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Samantha Woods on September 5, 1996, and has recommended its approval;and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Samantha Woods, described as attached on Exhibit A, is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) 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) 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$1322.50 per residential lot. The Park Dedication payment for Lot 3, Block 1 shall be paid at the time of the recording of the Final Plat. The Park Dedication payment for Lots 1, 2, and 4, Block 1, shall be deferred until such time as a building permit for a principal structure has been issued for the lot. NIFT f) The developer acknowledges the presence of pending assessments for County Road 16. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Proof shall be provided, via contract, that Outlots A, B, and C will be sold to the adjoining property owners upon platting. v) The developer shall obtain an access permit from the Scott County Highway Department. vi) The existing structures on Lot 4, Block 1, shall be removed prior to the issuance of a building permit for a principal structure on the lot. vii) A property owner's association or maintenance agreement for the driveways must be executed designating the party responsible for maintaining the driveways, and granting that party the right to assess all properties benefiting from the driveways for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the driveways when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. viii) The developer agrees to pay a stormwater trunk fee, if such fee is approved by the City Council and published, prior to Final Plat approval of this development. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 EXHIBIT A A tract of land in the Southwe carter of the Southwest QuarterW IA of SW'A) of Section Five (5), Township One Hundred Fifteen (115), North, Range Twenty two (22), West, described as follows; Beginning at the Southwest corner thereof and running thence North along the West line thereof to the intersection with the center line of County Road No. 16; thence Southeasterly along the said center line to the intersection with the South line of said Southwest Quarter of Southwest Quarter; thence West along said South line to the point of beginning. • together with: A tract of land in the Northwest Quarter of the Northwest Quarter of Section 8, Township 115, Range 22, described as follows: Beginning at the Northwest corner thereof and running thence East along the North line thereof to the intersection with the center line of County Road 16; thence Southeasterly along said center line a distance of 36.9 feet; thence deflection to the right at an angle of 71° 40' to the center line of the tract of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul awl Pacific Railroad, as shown in Scott County Recorder's Document No. 178637; thence Northwesterly along said center line to its intersection with the West line of said Northwest Quarter of' Northwest Quarter; thence North along said West line to the point of beginning. together with: That part of the following described property: A tract of land in the West 'h of the Northwest ',G of Section 8, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows: Commencing at the intersection of the North line of said West 'h of the Northwest 'k of said Section 8 and the center line of Scott County State Aid Road No. 16, said point distant 373.5 feet East of the Northwest corner thereof; thence along said center line South 60° 23' East a distance of 36.9 feet to she actual point of beginning; thence South 11* 17' West a distance of 230.0 feet to North right of way line of the Hastings and Dakota Railway (Chicago, Milwaukee, St. Paul and Pacific Railroad Company) thence Southeasterly along said North right of way line to its intersection with the East line 3f said West 'h of the Northwest 'A, said point distant 1148.2 feet South of the Northeast corner of said West '/z of the Northwest '/; thence North along said East line a distance of 589.4 feet to the centerline of said Scott County State Aid Road No. 16; thence North 60° 23' West a distance of 1073.05 feet to the actual point of beginning... 'hich lies westerly of the following described line and its extensions. 2ommencing at the northwest corner of the Northwest Quarter of the Northwest Quarter of Section 3, Township 115 North, Range 22 West; thence on an assumed bearing of East, along the north line )f said Northwest Quarter of the Northwest Quarter to the intersection with the centerline of County ;tate Aid Highway No. 16; thence South 59 degrees 56 minutes 51 seconds East along said centerline distance of 128.63 feet to the point of beginning of the line to be described; thence South 34 degrees ' 3 minutes 09 seconds West a distance of 220.0 feet to the northerly right of way line of the Chicago, 4ilwaukee, St. Paul and Pacific Railroad and said line there terminating. 15- CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Samantha Woods DATE: September 5, 1996 Site Information: Applicant: James and Mary Monnens Location: South of County Road 16 and East of Roundhouse Circle Current Zoning: Urban Residential(R-1B)(See Exhibit A.) Adjacent Zoning: North: Light Industrial (I1) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Medium Density Residential (R2) Comp. Plan: 1980: Agricultural Draft 1995: Single Family Residential Area: 2.93 Acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction James and Mary Monnens are requesting approval of the Final Plat for Samantha Woods. The subject site is located south of County Road 16 and east of Roundhouse Circle(Please see Exhibit A). Considerations The Preliminary Plat for Samantha Woods was approved by the City Council on August 6, 1996. This development is composed of 2.93 acres of land and proposes 4 single family residential lots for a gross density of 1.37 dwelling units per acre (Please see Exhibit B). The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Samantha Woods, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Samantha Woods, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) 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) 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$1322.50 per residential lot. The Park Dedication payment for Lot 3, Block 1 shall be paid at the time of the recording of the Final Plat. The Park Dedication payment for Lots 1, 2, and 4, Block 1, shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer acknowledges the presence of pending assessments for County Road 16. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Proof shall be provided, via contract, that Outlots A, B, and C will be sold to the adjoining property owners upon platting. v) The developer shall obtain an access permit from the Scott County Highway Department. vi) The existing structures on Lot 4, Block 1, shall be removed prior to the issuance of a building permit for a principal structure on the lot. vii) A property owner's association or maintenance agreement for the driveways must be executed designating the party responsible for maintaining the driveways, and granting that party the right to assess all properties benefiting from the driveways for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the driveways when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. viii) The developer agrees to pay a stormwater trunk fee, if such fee is approved by the City Council and published, prior to Final Plat approval of this development. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Samantha Woods, subject to conditions and move its approval. 2c44( lie Klima Planner I i:\commdev\boaa-pc\1996\sept05pc\fpsmwds.doc i V , / _ .3_ • - - _ . __ R t 1 ` (, EXHIBIT A • 1 7.cr•;,,,. it: ' _,,' j . ! li . / i " 4*.$114414. ,____,:______,T, . : a] 1 g ' ' • ,i : . Aritifial 1,/ '. ____,,—, - , ; SI/L/I / / 0 igi 5.6 _ • Fr , . s -77. . i it ) 1 / 4 .lip , , , 1, R3 ,/4. R 1 B 3. 1 V *# _ a Q D. 1 f I *Iii .41-411 si 1 ! . i , ' `1� f C in c 1- R • \ I ! I. i' . 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The subject site is located north of 5th Avenue and west of Market Street. A copy of the September 5, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Market Place 2nd Addition to the City Council, subject to conditions. At the Planning Commission meeting, an additional condition was recommended for the Final Plat. This additional condition requires that the developer submit a revised grading plan, to be approved by the City Engineer, that includes Lots 5 and 6,Block 1. This additional condition has been included in the draft Resolution No. 4510. Alternatives 1. Approve the Final Plat of Market Place 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Market Place 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Market Place 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Market Place 2nd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4510, A Resolution Approving the Final Plat of Market Place 2nd Addition, and move its approval. Julie Klima Planner I is\commdev\cc\1996\cc0917\fpmp2.doc RESOLUTION NO. 4510 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR MARKET PLACE 2ND ADDPITON WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Market Place 2nd Addition on September 5, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Market Place 2nd Addition, described as attached on Exhibit A, is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: a) Approval of title opinion by the City Attorney. b) Execution of a Developer's Agreement for the construction of public improvements: i) The alley shall be constructed in accordance with the Design Criteria and Standard Specifications for the City of Shakopee. The developer shall be responsible for the relocation of any existing utility poles that are required to be moved due to the construction of the alley. The developer shall eradicate and turf the current north/south alley. c) The developer shall provide to the City a copy of a signed agreement with Shakopee Public Utilities (SPUC) to relocate the utility poles. This document, along with the proposed relocation site for the utility poles, shall be reviewed and approved by the City Attorney and the City Engineer. d) Access Permits for Fourth Avenue (CR 16) must be approved by the Scott County Highway Department. e) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. f) Park dedication fees in the amount of$861.11 per lot shall be required, and are to be paid prior to the recording of the final plat. The park dedication fees only apply to Lots 7 through 12,Block 1 and Lots 1 and 2,Block 2. g) Outlots A, B, C, D, E, and F will be dedicated to the adjacent property owners to the north with the recording of the Final Plat. h) Outlot G shall be dedicated to the adjacent property owner with the recording of the Final Plat. i) The developer shall submit a revised grading plan, to be approved by the City Engineer that includes Lots 5 and 6,Block 1. 2. The following must be completed prior to the approval of Building Permits for the site: a) The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. b) All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No Certificates of Occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the Cityof Shakopee Y P ATtEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 EXHIBIT A Lots 1 through 6,Block 1, and Outlot A,Market Place, City of Shakopee, County of Scott, State of Minnesota; and A tract of land in the City of Shakopee described as follows: Beginning at a point on the west line of the Southwest quarter of Section 6, Township 115,Range 22, (also known as the Range line between Ranges 22 and 23)distant 389.00 feet, more or less, south of the northwest corner of said Southwest Quarter, said point also being the intersection of said west line and the north line of fourth Street, as dedicated on Shakapee City, (also known as County Road 16);thence southerly, along said west line, 212.7 feet;thence easterly, parallel with the north line of said Fourth Street 154.3 feet;thence at right angles northerly 204.6 feet, more or less to the north line of said Fourth Street;thence westerly along said north line of Fourth Street to the point of beginning. Except that part(former Chicago, Milwaukee, St.Paul and Pacific Railway Right of Way)recorded in the plat of Market Place. That part of the North Half of the Southwest Quarter of Section 6, Township 115,Range 22 which lies northerly of the north line of Outlot A, Wermerskirchen's 2nd Addition, and its easterly extension, also known as the northerly line of Mulberry Meadow First Addition, and which lies southerly of the southerly line of Outlot A,Market Place, according to the recorded plat thereof and westerly of the west line of Lot 6,Block 1, said Market Place, and its extension southerly to the north line of said Outlot A, Wermerskirchen's 2nd Addition. Subject to an easement for public utility and street purposes per Doc.No. 319678. UY • CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Market Place 2nd Addition DATE: September 5, 1996 Site Information Applicant: Klingelhutz Development Company Location: North of 5th Avenue and West of Market Street Current Zoning: Old Shakopee Residential(R-1C)(See Exhibit A.) Adjacent Zoning: North: Old Shakopee Residential(R-1C) South: Old Shakopee Residential(R-1C) East: Old Shakopee Residential(R-1C) West: Old Shakopee Residential(R-1C) Comp.Plan: 1980: Residential Draft 1995: Single Family Residential Area: 4.6 Acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction Klingelhutz Development Company has submitted an application for approval of the Final Plat for the proposed Market Place 2nd Addition. The developer is proposing to plat 14 lots for single family residential development, and 7 outlots. Exhibits include the following: Exhibit A, Zoning Map; Exhibit B, Final Plat for "Market Place"; and Exhibit C, proposed Final Plat for "Market Place 2nd Addition". Background The proposed subdivision would replat the"Market Place"plat, and would also contain unplatted land. The City Council approved the Final Plat for"Market Place" in 1992. This plat contained 3.03 acres of land, and the approval platted 6 residential lots and four outlots. (See Exhibit B.) One single family residential home was constructed in 1993 on Lot 1, Block 1 of both the "Market Place" and the "Market Place 2nd Addition" plats. (The lot and block numbers are the same for both plats.) The proposed replat of this lot is of the same width as the original lot,but it is deeper, extending into Outlot A of the"Market Place"plat. Two residential homes were constructed in the "Market Place" plat in 1994; one on Lot 3, Block 1, and one on Lot 4, Block 1. These two lots are proposed to be the same size and dimensions with the replat of "Market Place 2nd Addition". During 1995, three additional homes have been constructed within the "Market Place" plat; one on Lot 2, Block 1, one on Lot 5, Block 1, and one on Lot 6, Block 1. With the proposed replat of Lot 5 and Lot 6, the width will remain the same, but they will be deeper, extending into Outlot A of the"Market Place"plat. Considerations Planning Considerations: 1. There are currently six homes on the site (Lots 1, 2, 3, 4, 5, and 6, Block 1), and all of these homes will continue to meet the required setbacks within the R-1C Zone with the replat of the site. 2. A 20 foot wide alley was dedicated with the original Market Place plat. However, Section 12.07, Subd. 1, requires that residential alleys be only 16 feet in width. Therefore, the developer has been through the vacation process. Resolution No. 4362 was approved by the City Council in December 1995. This resolution vacates the northern portion of the alley that was dedicated with the original plat. The portion of the alley that was vacated will be platted as outlots with this plat, and the outlots will then be dedicated to the adjacent property owners to the north. This vacation is contingent upon the recording of Market Place 2nd Addition. 3. As a part of this plat, the developer will be constructing an east/ west alley. Currently, there exists'a portion of property that is used as a north/south alley. The developer will be required to eradicate and turf the north/south alley. A condition has been added reflecting this requirement. 4. During the review process,the issue of whether or not right-of-way for Fillmore Street extends into the property has been a concern. The applicant has conducted research at the Scott County Courthouse on the issue and has not located any verification that right-of-way was ever dedicated into the subject site. Staff has consulted the City Attorney on this issue and the City Attorney has indicated that the title review that must be completed will reveal any discrepancies. Therefore, the approval process will continue to move forward. 5. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Using the purchase price provided by the developer in the calculation, the park dedication requirement would be approximately $861.11 per residential lot. The fees are required to be paid prior to the recording of the final plat. Engineering and Utility Comments: 6. Staff has been informed that debris may be buried near the proposed Lots 5 and 6,Block 1, and has recommended a condition requiring that all buried debris excavated during the construction of any buildings be hauled to a landfill. The Building Official has commented that the developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. 7. In order to install City services to the lots, a street cut permit is required. Since Market Street and this portion of 5th Avenue are less than 5 years old, the City Council must approve the street cuts. Staff has recommended that the City Council approve the necessary permits for work in the right-of-way with their approval of this plat. 8. The proposed plat has access to 4th Avenue (CR 16) on the north, Market Street on the east, and 5th Avenue to the south. Fourth Avenue is designated as a Collector Street in the Transportation Element of the approved 1995 draft Comprehensive Plan. It is also a county road (CR 16) and is under the County Engineer's jurisdiction. Access to 4th Avenue will require the approval of the County Engineer. Since this portion of 4th Avenue is less than 5 years old, the County must also approve any street cuts required for the installation of City services to the lots adjacent to 4th Avenue. Alternatives 1. Recommend to the City Council the approval of the Final Plat, subject to the conditions recommended by staff recommend to the CityCouncil the approval 2. Modify the conditions recommended by staff and o pp of the Final Plat, subject to the revised conditions. 3. Recommend the denial of the Final Plat to the City Council, stating the reasons for the denial. 4. Table the recommendation to the City Council and request additional information from the applicant or staff. Staff Recommendation Staff recommends the approval of the Final Plat for Market Place 2nd Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: a) Approval of title opinion by the City Attorney. b) Execution of a Developer's Agreement for the construction of public improvements: i) The alley shall be constructed in accordance with the Design Criteria and Standard Specifications for the City of Shakopee. The developer shall be responsible for the relocation of any existing utility poles that are required to be moved due to the construction of the alley. The developer shall eradicate and turf the current north/south alley. c) The developer shall provide to the City a copy of a signed agreement with Shakopee Public Utilities (SPUC) to relocate the utility poles. This document, along with the proposed relocation site for the utility poles, shall be reviewed and approved by the City Attorney and the City Engineer. d) Access Permits for Fourth Avenue (CR 16) must be approved by the Scott County Highway Department. e) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. fl Park dedication fees in the amount of$861.11 per lot shall be required, and are to be paid prior to the recording of the final plat. The park dedication fees only apply to Lots 7 through 12,Block 1 and Lots 1 and 2,Block 2. g) Outlots A, B, C, D, E, and F will be dedicated to the adjacent property owners to the north with the recording of the Final Plat. h) Outlot G shall be dedicated to the adjacent property owner with the recording of the Final Plat. 2. The following must be completed prior to the approval of Building Permits for the site: a) The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. b) All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No Certificates of Occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Market Place 2nd Addition, subject to conditions, and move its approval. .. �ulie Klima i:lcommdev\boaa-p619961sept05pclfpmktpl.doc Planner I EXHIBIT A • R21� �� . irie__--ttr----1---71---- isiii— - ,i . - lls \, —\... iglY.I. gt• ,, , umlast' on '111111110111411 + + + =- +. L�'1 11111 111141111111 ill �t� 110 '3-ul 1 ,lam UM 4a �`� - rail4im vig = ''i�• a �' vfticer �� off, � . �\ \ �� - - '� : • a1: r 3 sial at �� , gia les _ itr' �_ 110 n__ i^ �;wg X111• .t�� iiiiia �.� a� sa% A '_'--a SUBJECT SITE i- =ginit Ot . \ \4.}ray\��'ry�1 W Til, ' S a("gS • J 1 ,„a SI a'll , 0 it1 nut R u"• 1 tt_'.13Pci_ I:1 ... -g- iii ?L%%% ate lIll‘i . 1sta I._e ii ark ��`; • EN . Nn 1 . •�►� : Wm . RFriol4; If e10: sell le v: avmpot :::011 ' • 'T11 �.r' 1\ vitsi 119, win IV tull" ow No 1111111 I I 1E11 HIPh�o 11 im in ltt3 Ste, IIIII ► SIiøP' t =:i•� i Blirratire roma .... _a._ 01111 lit MIS= wa,_ • rig_ii2111 CIE NM 1111r1M101 mum ' 8 $ ilk t: :1111: 'iiii: :IIIh 1 I 1111 1:110 4O um um no um =� -11-1-1 MI AM . . . .. i . ill* !IEU rIL] mils Mai Mall .... , \ • m� v o _ N _' MEM I f l — . h . � N " 1 am 2 m'— 1 L 3' _ . s .. s n i ' •_, .• _ LI-E..7 • . O . 1, L • . a • . M • 111 1 1 apin nur�., '1 : - IIn/IR i ikta Eno* ' -- - 1 irs _ . v.* -1 imi �J 1,1 hz.,fi© it ,_gi p tAiliirtalika- .. • Magia wil\___,L 1 A Andra ay , . igr7.\_,..... r.,,,44 emu, 3 ' '' - -: •; a Ie AG - ‘- oar lc , ,H lu f � . p• /T1 \ ., 3 EXHIBIT B FINAL PLAT FOR MARKET PLACE • • ane west sne et the Sr \'See- 6. Twp. 113. Aye.22 is assumed b seer N 00121'1'It Detail AM Soo.) • Denotes ►/2 inch by 14 inch iron monument 1 ,, set era marked by License No. 1204J I �•' r•pU110T C o Denotes 1/2 inch Pin, .dads eU.rwite sheen ! 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A' . 1 ii 1 ig Q 1 .-. FA .>=n. �„�... i L J Ci al I — 744--`77.7::,..-7..1--..-1- r I I - • - it ri-----7 A.:: wic--4---own.==--_7 U.1 1 4 -. ' ,Ai y/ a3 11 . 1 I cc limi i..4 14.I1 F- 1 4.'jI\ I a r4 i n` F- 1 o I »� t I :? 4::- v.-- 60 Cc II it %� 1 — - I- t rr it I! ----J rC1 CL L3 ID — 7 a `s 0 cc g - N i k : I x.$ `1 SKr r • AL. 7.ii" nw• i moi 1 - .T •.ad0.--a-"`-- -- l� 1 A c.n.,.— ..,.:____I i I i1 11 0.4 1 1 T I ' j �� =s 1 I F- I I ;C I 1 `� I = i I <C 1 MEMO ON TABLE MEMO TO: Shakopee Planning Commission FROM: Joel Rutherford, Assistant City Engineer fir MEETING DATE: September 5, 1996 RE: Item# 16-Final Plat of Market Place 2nd Addition INTRODUCTION The grading plan submitted for this plat shows existing grades for Lots 1, 2, 3, 4, 5, and 6, Block 1. These lots all have existing homes on them. The drainage shown on the grading plan indicates each of these lots drain either to a street, alley, or the proposed catch basin. The homeowner of lot 5 has indicated to staff that the backyards of lots 5 and 6 do not drain to the alley, as shown on the grading plan. RECOMMENDATION Add the following condition to those procedural actions that must be completed prior to recording of the final plat: The developer shall submit a revised grading plan, to be approved by the City Engineer, that includes Lots 5 and 6, Block 1. i= CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Amendment to the Zoning Map - Rezone property from Agricultural Preservation (AG) to Highway Business (B-1) DATE: September 12, 1996 Introduction: Midwest Commercial Development is requesting that the City amend the Official Zoning Map to rezone a 26 acre site from Agricultural Preservation(AG)to Highway Business(B-1). A copy of the September 5, 1996 Planning Commission staff report is attached for reference. Discussion: Both the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan(which will likely have been acted on by the full Metropolitan Council on September 12, 1996)designate the subject site for commercial development. Thus, the requested rezoning is consistent with the Comprehensive Plan. The subject property is 26 acres in size, and is located within the Metropolitan Urban Services Area(MUSA)boundary. Alternatives: 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG)to Highway Business(B-1). 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. 464, and move its approval. c R. Michael Leek REZMCD.DOC/RML 1 • ORDINANCE NO. 464, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SE . 11.03F BY REZONING LAND LOCATED AT THE SOUTHWEST DRIVE AND C.R. 17 FROM AGRICULTURAL PRESERVATION(AG)ZONE TO HIGHWAY BUSINESS (B-1)ZONE. WHEREAS, the owners of the land described as: Outlot D, Prairie Estates 1st Addition, City of Shakopee, Scott County, Minnesota, submitted an application requesting rezoning from Agricultural Preservation (AG) to Urban Residential (R-1B) and Highway Business(B-1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on September 5, 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 of the entire parcel to Highwayhway Business (B_1 )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 as: Outlot D, Prairie Estates 1st Addition, City of Shakopee, Scott County, Minnesota, from Agricultural Preservation (AG) to Highway Business (B-1). 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 Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 2 REZMCD.DOC/RML . l/ CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek,Planner II/Acting Community Development Director SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(Ag)to Highway Business(B-1) MEETING DATE: September 5, 1996 ITEM NO.: 6 Site Information: Applicant: Midwest Commercial Development Site Location: At the southwest corner of Vierling Drive and C.R. 17(Marschall Road) Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: AG Agricultural Preservation South: AG Agricultural Preservation East: B1 Highway Business West: R2 Medium Density Residential R-1B Urban Residential Comp. Plan: 1980: Commercial Draft 1995: Commercial Area: 26 acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction: The applicant is requesting that the City amend the Official Zoning Map to rezone a 26 acre site currently zoned as Agricultural Preservation (AG) to Highway Business (B-1). The applicant has simultaneously submitted an application for a retail center CUP, which application will have been reviewed by the Board of Adjustments and Appeals prior to the Planning Commission's review of the request to rezone. b9 WCZONE.DOC/R.ML 1 Exhibits are attached as follows: Exhibit A,Zoning Map; Exhibit B,"Rural 1990 Land Use Plan" from 1980 Comprehensive Plan Exhibit Use Plan"from 1995 Draft tC `Urban Land Comprehensive Plan Exhibit D, City Code Section 11.22, Agricultural Preservation Zone(AG)regulations Exhibit E, City Code Section 11.36,Highway Business Zone(B-1)regulations 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 D and E provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation(AG) and Highway Business(B-1)Zones. 2. The Land Use Chapter of the 1980 Comprehensive Plan designated this area as "Commercial". The Land Use chapter of the draft 1995 Comprehensive Plan also designates the site as"Commercial". The rezoning of the site to"Highway Business", as requested by the applicant,would be in conformance with the draft 1995 Comprehensive Plan. 3. The purpose of the Highway Business Zone is"...to provide an area for business uses fronting on or with immediate access to arterial and collector streets." Findings: A zoning ordinance amendment may be granted in the event that one or more of the stated criteria is met. These criteria, with staff's proposed findings withzespect to those criteria, follows; 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; MWCZONE.DOC/RML 2 Finding #2 Significant changes in community goals and policies have taken place since the original zoning district was established. These changes are evidenced in both the City's 1980 and draft 1995 Comprehensive Plans. 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 around the bypass develops. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 Both the 1980 and 1995 Comprehensive Plans have identified this area for commercial use. Therefore,this request is in compliance with the land use plan in the draft Comprehensive Plan. The subject site is within the MUSA and has utilities available to serve it. Alternatives: 1. Recommend to the City Council the approval of the request to rezone the subject property to Highway Business(B-1)from Agricultural Preservation(AG). 2. Recommend to the City Council the denial of the request to rezone the subject to Highway Business(B-1)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 Highway Business(B-1)from Agricultural Preservation(AG). R. Mchael Leek Acting Community Development Director MWCZONE.DOC/RML 3 • "LI .-2-- - -V\ • 1 • 1 ; 1 1 • 1•»I \ - .. 1, 1 . , 1 -. ' 1T1 f I i r 1. 1 .17-r=1 J-? : S''•, • / A �G�r',�\• •L- "4..".".:, ... .. .4 Tr41.21 / 1 j 11•••• .". .." . I.1 I. "e\I /2.. 4‘ a i' ill-.. ';''' 1.18 ; _ a 4 1 , 1.E-' 11111511a 91111111 ir 411WWka`*i s #4,4# _ 3 + 1 i ' laj E11. i 1K, , ,, 'e t s•�s �� Illtik 7.4 • ' —� Yom' 01 _ � 11 ,•L �r;L 1 \ : `I" rx i /1 i i_- ....0, ✓ 3 $ J ? Z i • JR3 / ', ) 1 rsi iF_i ! la ic7 ' I Ita'�•' r",L122 Is� _`, _ rs �� 2...%D. : . iI R I ,i` 7initI /,, �. 1 1 I'L i• 1 i.I1,1 4,Ria7'; I + , + i, yr-7 �-... f i 3 "►�• IJ. B• J>t ., ' J—� ` .r r '1/�J�1--.-r,t,=. 1,— HOP - SI" * ......____ , .....—. ; . P11111iiial t,..7./.1 '' '''."............... • r kt-• �`*f �Av aaa a {EB1 g � 5 ! • a�� I S ' • iE• GENDSSL . I\ .. Illi ' • .,•c S .C.•,..:::• -_s cl y .• :r.- .1•. - I 1 R.: . :ae: c.,.1!). R:5.(f:rz•.. • 1 i I- c-wcy _..s'ress 11 2 i Ni..ce 22..57. :'55 • 123 . Centrcl _,.s' alI 1 -Q`.t Ir.c::s'.. : ;: ;: : : , • ! s - - • ''•- 1''r L . - —E _•L - - __`_- EXHIBIT A --- .. r---.. --•- I - 4. - �'' "_' 4r- . • �\i f1 �!J et����� ! -- <,,, ‘,. -,,,l- iiall�iii 1.7 ana 1 ; IRS is -may - ._1 ITE III _ a ,.--,:,.. di.w ,____„:_ r_ ..,. :_ _____t_zor.1.... d ,S ■ s:: ■ \ - ■ I-.! ; i Sa URI al �e al • _ ■ • { 1 I al ■ 1 RR 1 , . 1.-Q- .. ,- .... j 11FN7;7_ III: iyi. — II(1=Z- P. -- . I,/ ...,_- , a ..., • „,,,__________. •. - .t. ......... - _, _. ., t, --,-(---). .. il_____?,_z/ ____ ,„.. _ __.... .._ i i _ ..--),IC-- .P410 I p .,)),) ., :. • 4. , Pr._ .._ 8: ,, 1 ,7 w. CITY of SHAKOPEE MINNESOTA Map 1 1 EXHIBIT B s ^, d' LEGEND e • .' .•.: 9': Single Family Res• J •L• Medium Density Res. ~r ' spa /` M.. "..r'O _ ;'tom!//! !/G� r ® High Density Res. fs- _ ie _ ill i�- f' - _. Office • --.6.--1"-• ' � cec ze..- col1l�9. ✓a,// / am Commercial 1101111141'I � • �, % NM Light Industrial i��®Z +-�� , Ax1 x�/c' 1r „,-,-,.,4„,;:, / / 'i -170- 7 3:::;:---/:.0,;:•;;:--,-.% „, . . ;. , is / _ M. HeavyIndustrial eA.VSs �� • .e-,;:.,_,.r /,/ institutional `' , • ✓� ` • pork �� -•-•_// v � ' "� m Open Space ���®` _:� ` ',v'! '�`. ? Entertainment `:'_-' , h,, ,,.. z „., -'%Ir-, �� suture Urban Area f __e_i� 1 I '� _ _ /•% Musa Boundary 1 .= ___. ''f Overlay .`+ ; 1 ! ,®® 1111 « ��]]o-in� 7.4,4"*.e.,,,,, ✓///1 Mining Overlay -_,., • ,- LAND USE MAP CHANGES t3Y � L �� _ ' , � ��r 7� r �4.�, aCT10N OF CITY COUNCIL C ,0”-:,e, ••- -. _-7,r• ;- Wu igi-3ir 46 Ot-----'-,-,,,i;- a yY• Y Vr.-,--7,-z, - - , ,•-<.• -' ".. :f'.r: v.„..--.- - I_ --. ' ' ' t t.,,,,..-•::..../.- ----------;----, /- - — ,tea /.:; i"1/': URBAN LAND ...)1!!!3-1 ELT. USE PLAN (NORTH OF BY—PASS) - tTE. Shokopee Comprehensive Plon City of Shakopee. Minnesota f 1995 5.6iNmen•••••• PIMII6A1 SHA1KOPEE CcuNITYPRmB9NCE i EXHIBIT C Figure 25 § 11.22 .- SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use,to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or - K. residential facilities serving six (6) or fewer persons. 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 pps revised in 1995 1111 EXHIBIT D s § 11.22 regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; • H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; 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; pipe revised in 1995 1112 § 11.23 . I. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: one dwelling per 40 acres. B. Lot specifications: Minimum lot width: 1000 feet Minimum lot depth: 1000 feet Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet Minimum rear yard setback: 40 feet C. Maximum height 2-1/2 stories or 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994) SEC. 11.23. Reserved. pps revised in 1995 1113 § 11.36 SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit - A. - taverns; • B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class H; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window, K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, pepe revised in 1995 1171 EXHIBIT E t • § 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; - D. decorative landscape features; or - . E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with—the following minimum requirements: A. Density: minimum lot area: (new lots): one acre (existing lots): 8,000 square feet maximum floor area ratio: .50 • B. Maximum impervious surface percentage: 75% paps nn issa in 1995 1172 t § 11.37 C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback 20 feet - minimum rear yard setback 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984; Ord. 158,January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994) SEC. 11.37. Reserved. p.pe nrvi..d in 1995 1173 JD. r CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Request for Variance by Gold Nugget Development,Inc.,for a front yard setback variance in connection with the Preliminary Plat of The Meadows South DATE: September 13, 1996 Introduction: Gold Nugget Development, Inc., requested a variance from City Code Sec. 11.32(Medium Density Residential Zone) Subd. 5 (Design Standards)in connection with the plat known as The Meadows South. Discussion: At its September 5, 1996, meeting,the Planning Commission held a public hearing on the request, and recommended denial of the request in accordance with the procedure set forth in the subdivision ordinance at Section 12.13. A copy of the staff report to the Planning Commission is attached for reference. Alternatives: 1. Uphold the recommendation of the Planning Commission and deny the request for variance. 2. Grant the request for variance. 3. Table the decision regarding the appeal to allow the applicant and/or staff to provide additional information. Action Requested: Offer and approve Resolution No. 4520 denying the requested variance. R. Michael Leek Acting Community Development Director VARMEASO.DOC/RML 1 RESOLUTION NO. 4520 A RESOLUTION OF I'HE CITY OF SHAKOPEE, MINNESOTA, DENYING A FRONT YARD SETBACK VARIANCE REQUESTED BY GOLD NUGGET DEVELOPMENT, INC., FOR THE PRELIMINARY PLAT KNOWN AS THE MEADOWS SOU[H. WHEREAS, Gold Nugget Development, Inc., Applicant and owner, has filed an application dated August 12, 1996, for a variance under the provisions of City Code Section 11.32 (Medium Density Residential Zone) subd.5. (Design Standards), to permit a front yard setback of 25 feet instead of the required 35 feet in the plat known as The Meadows south; and WHEREAS, this parcel is presently zoned Medium Density Residential (R-2); and WHEREAS,the property upon for the request is being made is legally described as: Outlot A, The Meadows 1st Addition, City of Shakopee, Scott County, Minnesota. WHEREAS, notice was provided and on September 5, 1996, the Planning Commission conducted a public hearing regarding this application, at which it heard from the Community Development Department staff and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing, the Planning Commission voted to recommend denial of the application based on the specific findings; and WHEREAS, the City Council has reviewed the application, the record before the Planning Commission, and the Planning Commission's recommendation, and has made the following findings; A. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. Finding A. The Commission finds that the requested variation would not he detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally,to other property. VARMEASO.DOGRMML 2 Finding R The Commission finds that the conditions upon which the request for variation is based are not unique to the property, but are applicable to other properties upon which similar housing types or developments might be constructed C. Literal interpretation of the provisions of this Chapter would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter. Finding C The applicant would have the same rights, and be able to develop, the subject site in a fashion similar to other properties in the same zoning district, as evidenced by the preliminary plat submittal which showed the proposed structures meeting the required setback D. The special conditions and circumstances do not result from the actions of the applicant. Finding D. The Commission finds that there are not special conditions and circumstances. E. Because of the particular physical surroundings,shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Finding E. The Commission finds that no particular hardship would result if the strict letter of the regulations were carried out. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City Council hereby denies the requested variance. VARMEASO.DOGRML 3 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 Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, Minnesota 55379 VARMEASO.DOC/RML 4 • CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek, Planner II/Acting Community Development Director SUBJECT: Request by Gold Nugget Development, Inc., for a front yard setback variance for The Meadows South MEETING DAFE: September 5, 1996 HEM NO.: 7 Site Information: Applicant: Gold Nugget Development, Inc. Location: North of the Bypass; West of County Road 17;East of Sage Lane Current Zoning: Medium Density Residential Zone(R2) (See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Urban Residential (R-1B) Medium Density Residential (R2) Comp. Plan: 1980: Agricultural Draft 1995: Medium Density Residential Area: 13.2 Acres MUSA: The site is within the MUSA boundary. Introduction: The applicant is requesting a variance from Shakopee City Code, Section 11.32 (Medium Density Residential Zone) Subd. 5. (Design Standards) to permit a front yard setback of 25 feet instead of the required 35 feet. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Proposed Site Plan;, and Exhibit C, applicant's attachment to the application. Procedurally, the request is before the Planning Commission rather than the Board of Adjustments and Appeals because of the procedures outlined in the subdivision ordinance at City Code Section 12.13. (Variations and Exceptions). The procedure outlined in that section requires the Planning Commission to make specific findings before making its recommendation on the requested variance. AMEADSVAR.DOC/RML 0 Discussion: The applicant's reasons for requesting the variation are set forth in Exhibit C. City Code Section 12.13 Subd. 1, sets forth the criteria against which requests for variation are to be assessed. These criteria are addressed below. Proposed Findings: Section 12.13, Subd.1 of the City Code sets forth the criteria against which the request is to be evaluated. Only if all of the criteria are met should the variance be granted. Staff has provided draft findings on each criterion. The Commission may use or modify these draft findings as it sees fit: A. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. Finding A. The Commission finds that the requested variation would not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property. Finding B. The Commission finds that the conditions upon which the request for variation is based are not unique to the property, but are applicable to other properties upon which similar housing types or developments might be constructed C. Literal interpretation of the provisions of this Chapter would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter. Finding C The applicant would have the same rights, and be able to develop, the subject site in a fashion similar to other properties in the same zoning district, as evidenced by the preliminary plat submittal which showed the proposed structures meeting the required setback D. The special conditions and circumstances do not result from the actions of the applicant. Finding D. The Commission finds that there are not special conditions and circumstances. E. Because of the particular physical surroundings,shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as MEADS VAR.DOC/RML 1 distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Finding E. The Commission finds that no particular hardship would result if the strict letter of the regulations were carried out. Alternatives: 1. Recommend approval of the requested variation to permit a 25 foot instead of 35 foot front yard setback for The Meadows South. 2. Recommend denial of the requested variation to permit a 25 foot instead of 35 foot front yard setback for The Meadows South. 3. Table the decision and request additional information from staff and/or the applicant. Staff Recommendation: Because the request does not meet all of the above criteria for granting a variation, staff is recommending Alternative 2 Action Requested: Offer a motion recommending denial of the requested variation. MEADSVAR.DOC/RML 2 ---1 1--- -- . —, --.--- r .... • - -s_T-1:. ...:1). _ . I I 1_1..c.....,- 7 ,:,-)x.a.• -- ' H :-.,-...cn ...A, '.........-:, - " r- ; ' : , . 3' •...."-..„`...,,k ' '`• ',.. 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T;e5:•.:::.=.--:: ! --;1 1 !--2",--L-.---- '.---, :,•-".."...7.C. .. .. , ---—— I E-77"2 ! (2.ff;ce P,..,:c.:;•-,E. ,.:: 1 2:...... I CenirCi EL;S•ir.E.S.F., -... t !;-,,,-: ••,•-•-, , ecv), L•,.. ..._., '.',:"..sr F,.,.-:-.ce:;..:-• --(71- z-•:' .:C7,"" -• —. -- 7 :-' 'n Ts.c..".."_:. -.... , ..- . - •--A-, - EXHIBIT A < y, t III it IIIA 11 11111 I rv,, rnb A'-'9 -, ?1,1 loo-,iOJJ c.. YININ + U imW2' 8J tO GAN N = b O Uyl NN >>> CC r r3- n n�o� zzPPP • v „ 7rJJ r r Ll�l PP a.cn cc L - Z to VI D T nn _ \N.1ti r (1 L :4 E Q ..� H n L., v ! ! I v r. 1-s+'.. N. ay SAY? G' F4 yv\ • 4esuJ LANE \ ,rr i \ �. .��� ,:?3 X74 r S00 0I0 E 205.00 ti; 19?------EG -,,,- •44 C'�\. 2 (7�` . °t' '',4*4.41111W • I 1---im4----7/ /), / h 4%,,,,, —`` 1.1' , '''...71.1-,--.,,,,t,,, 4i d • Cf: illif i ;_ 0-- , 1irlizti,,,,,.... -, - I I N , „N C *Nat / 1 ''' O ` ti, 4 ( 1,, 1 \ xdo .? 'I, # )........,- t 1 1 ,...„, ° triarii J A I' 1 ,L' v• _ r�*i �' 1 1 ,....__ ,, �� r� ,f' 1 1 F" 1 . yY I 1 1 � / / (0 , N 111 W 1\ �� 111\ 1 / O) S 1 C2 -,------- / 1IY�rsessiod .� \ st��-I I1� L. l�� / �/ _ � � 1 0 111 , treifill' -\ o. vi !\ COr ,1 �, 141 \ r, _ _�j ) N 1 1 4 t '\ 1 ...) d i 1 y II 1 �,-� � 1\\ `ice ' 1 1 T 4 ' a tD , / J i 41111'.-4111110411 6 t v 1 0 1 _. 1 1 Alb �� / 4--) 4 � � 11 11 i I � '/ /. i \\ p-u s , 11 Y 11 l St 41.010 1 .' \SjIti\\\\ \\ / J, I , NNNkNN : `a 1 C"3 400,, , 101 tr3> \! O \\\NW 40,,,&040,.\ 1 1 1 ,,. \''+: . 107.7 '''- _s, __4.,„ _ \ 4 i \ 9< 1 N + F, V F SOC 00'?0'E r. 875.17 4 at 1 N • 1 C:) b . ' -7. -."-'6Vf 8 P t%Z 1 r, ATTACHMENT TO VARIANCE APPLICATION FOR GOLD NUGGET DEVELOPMENT INC. ITEM 10 Gold Nugget is proposing to develop Meadows South, a multifamily development consisting of ten twin homes and forty four townhomes (see attached plan). Internal access to the 13.2 acre development is via two public cul-de-sacs. Each of the twin homes and twelve of the townhomes have direct land access to the public cul-de-sac. However, thirty two or half of the project density fronts on private streets. The front yard setback for a public street is 35 feet plus a 12 foot boulevard results in a 47 foot driveway versus a 20 foot driveway for a private street. The principle objective of this variance is to provide design continuity and relief from a standard that is counterproductive in this unique situation as follows: 1.) The reduction in driveway length would make the setback more consistent with those on private streets. 2.) The reduction in driveway length would provide more open space in the rear yards where it is more desirable and usable. 3.) The reduction in driveway length would reduce the asphalt mass, improve the street scape, and visual impression as especially when entering street B. 4.) The character of a townhome development is to have design relationships that are more intimate.Long driveways in close proximity certainly are a design hardship in achieving this objective. 5.) Individual driveways do not need to be 47 feet long to protect the health and welfare of the community. But on the contrary, shorter driveways would not compromise the health and safety of this neighborhood, the community but would provide substantial benefit for an improved living environment. 6.) Gold Nugget Development Inc. will not benefit economically, but the community and development will benefit from a warmer and friendlier design which is in keeping with the spirit and intent of the Shakopee Zoning Ordinance. EXHIBIT C a V R 'd• i 1 1 "-b- CT +` II, sl l'n I C II F N o o , Q W W Ll.Sca3„ol,oaoos 1I 1 1 1 N 1 11 . 1 \ so. i - 1 0 t,') 4000c0111141o, N 11 % ul / h \ - ""C-- "v\•'\•.-V N N a ,,p� j (10 \\ , C 1.- 1 iy 1 N �' t ; -- k WI 70V CJ 1 1 r n, ' �� ,, - - Z IA :s `c. t i c,, i • \ /0014V4011> o N V \ /40:404.' ,i T. -J 1 r 1 1 ‘ \ .4. al* �, �, , ,majy, yam, ; �_ a A.....Nr '/ p lape0ararg*Ab, I 1 b 1 Iti \----- a ------11.-I : l: I ire _I w.----------.. Ira s 1 , i 1 N 1– 11 4 1 e7O. CO :�, \ w 61.: >- r10' Z 1111 11 J�'\ /� �� Fa. o0 �; / trti�•• a tt N LCc L ICV •O. \ •r► ; 7 #4,,w0,4, ; tat 11 .- t ' co 'AJAW401.7' 1 \ \A .:1 c: Vip , dr,' /1 .2 1 �°V. r f Vl ; .` Oh* ./ �a' G ` / ' _,,_1141 4 CD coy /0 Cr) Slift2111imbarial ry�x ,� fSl f C1. V tilliF � / / ,. wall. 41,47,4trw 0,44iirk) A �/1 =� .`: tai oo•9oz 3 of oaoos r4,4rr '� c tie ( L �� ® e 3 N Ni ,_t___ ``3 4.iiD Zj �w•�''� O \ ys� a or, �;/ N le i V V Y H y g .. .. 4 W 3 H 1 i • t6 U U c4 S t ,,--- 4-1 H /� 1 Z Z 4 W • = ti E—+ X i3 244 a <aa » 44< NN N fl�OI 1:;-- O If)'0 01 0. .... N N Q {{y1y,. ti .- 116^OI 0 0 •O ♦I�to• ' ..-* 01'.,; 1 I > 66i 16C/4'D° •MY'• NOU ._Y NN W M< hk f}ia 9 11 o L Pi �� fil .1 t,_Tc� -=4 ,T ��� zLW 8g N D 111 ( . ' , ti * **** 1 4, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Site Survey Authorization DATE: September 16, 1996 INTRODUCTION: The Council is asked to authorize a boundary survey be done for the fire station site. BACKGROUND: Public Works Director Bruce Loney has advised that he has received two quotes for surveying the fire station site. They are: Bolton&Menk- $3,000 M.S.A Consulting - $2,130 The survey will be necessary to have performed prior to construction taking place to be certain that, among other things, a building construction site meets setbacks, is not on an easement, etc. The question is whether the Council wishes to have this done at this time, or wait until after the November 5th election to see if the referendum is approved. A survey will need to be done prior to construction; the advantage scheduling that in late Fall is that it should be able to be done before snow covers the ground. Snow-covered surveys increases the chance for additional costs, and/or difficulty in performing the task. However, M.S.A. states that the price will be good through the early part of November; what the Council could do is authorize M.S.A. to do the work, but wait until after November 5th to see whether there was a successful referendum. If the referendum fails, a decision could be made at that time as to whether or not to proceed. I would say, however, that whatever the end use of the property-whether it was a fire station, or resold or used by the City for another purpose, the boundary survey will be useable. BUDGET IMPACT: $2,130 as proposed by M.S.A. would be charged to the Fire Station Project. If the referendum is unsuccessful, these moneys would be taken from reserves, the same as the purchase price for the land itself. RECOMMENDATION: We recommend authorizing M.S.A. Consulting to perform the survey of the fire station site, with scheduling to proceed as of November 6th, assuming a successful referendum. If the referendum fails, the Council would then be consulted as to whether to proceed. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the fire station survey to be done by M.S.A. Consulting, for a price of$2,130, to be scheduled November 6th if the referendum is successful. If the referendum fails, Council will be consulted as to whether or not the site survey should be performed. kw Awl( Mark McNeill City Administrator MM:tw '111k6, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Resignation-Police Commission DATE: September 16, 1996 INTRODUCTION: The Council is asked to accept the resignation of Richard T. Mulcrone from the Shakopee Police Commission, and authorize advertising for a replacement. BACKGROUND: The attached letter from Dick Mulcrone was submitted for his resignation from the Police Commission to be effective August 30th, as Mr. Mulcrone has temporarily moved from Shakopee while a new house is being constructed for him. Upon receipt of the letter, I did speak with Mr. Mulcrone about his desire to continue to serve, as it appeared that his move was only temporary. The City Attorney confirmed that he would not have to resign from the Commission, assuming that his intent was to move back in the near future. This was discussed with Mr. Mulcrone, but on September 13th, Mr. Mulcrone advised me that he wished to resign regardless. REPLACEMENT: According to past practice, an interview panel made up of the Mayor, City Administrator, and one member of the Council will interview the candidates for the Shakopee Police Commission. The last time, those serving were Mayor Henderson, the former City Administrator, and Councilor Zorn. As shown in the attached memo from the City Clerk, there were two unsuccessful candidates after a vacancy was filled earlier this year; one additional candidate has since submitted an application. If more then just the original two are to be considered, a readvertisement of the availability of the vacancy should be made. RECOMMENDATION: We recommend the following: 1. That the resignation of Richard T. Mulcrone be accepted, effective August 30th. 2. That an advertisement be made to encourage all interested candidates to apply. 3. An interview panel made up of the Mayor, City Administrator and one additional Councilmember should convene. A Councilor should be determined to act as the third member. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the following: 1. Accept the resignation of Richard T. Mulcrone from membership on the Shakopee Police Commission. 2. Direct that advertisement be made for candidates to replace him. 3. Appoint an interview panel, which will then make a recommendation to the City Council as far as a permanent replacement. AAAA,ttb Mark McNeill City Administrator MM:tw RICHARD T MvcwRONE 1401 Woodduck Trail Shakopee, Minnesota 55379 496-1837 August 24, 1996 The Honorable Jeff Henderson Mayor of the City of Shakopee Shakopee City Hall Holmes and Second Streets Shakopee, Minnesota 55379 Dear Mayor Henderson: It is with regret that I tender my resignation as a member of the Shakopee Police Commission effective August 30, 1996. As you may know, Ann and I have recently sold our home in Shakopee and will be temporarily residing in Eden Prairie while our new home is being built in Shakopee. While our move is temporary, it is my reading the civil service law that police commissioners must be residents of the city. I deeply appreciate the opportunity afforded me by you and the city councilors to serve on the police commission. I am proud of the officers of the department and their commitment to keeping Shakopee a safe place in which to live and do business. I look forward to other chances to serve the city when Aim and I resume our residency in about five months. Sincerely, s , R. T. Mulcrone Commissioner, Shakopee Police Commission cc: City Administrator Chief Steininger A CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Richard Mulcrone Resignation from Police Civil Service Commission DATE: September 16, 1996 You advised that Mr. Mulcrone has resigned from the Police Civil Service Commission and asked if there were other applicants for the expiring term on this Commission last January. Mr. Mulcrone was reappointed to the Police Civil Service Commission last February for a three year term expiring 2/28/99. He was one of three applicants for this position. The other applicants were Robert Geyen and Mathew Lehman. In July, I also received an application from Mr. Don Hamilton expressing an interest in this commission. I did advise him that we had no openings at the time but that I would put his application on file for consideration for future openings. Cod Ci Clerk J Y S. , y A APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5:00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission. 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7:00 p.m. 2 to 3 .Tuesdays in May Name: \ -\i\ , \;i t I -� Address : 1k �:�,v .E L-C • C. 14'‘. t't''("�;t� Phone : (H) �1 � ` (B) How long have you been a Shakopee Resident? \ • Occupation: "CSX E ( C \\ ( S S L f' �--�c��SSCP .3' S c"C-LNV. Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all l Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) 5Lc c1 ( c b : sr-, /P'1Pk3Y..�c. l GNr.A �v� D��+►�a �NT�.'�r +1e r'c Ki4.�1.Gay. .X AC:••• erk ` IAA%Sl� ) C-c�.SS� V� jlr%vr'e 5, 1+:s5T\ti,.C' — \--s• LQ- i�Y�'.i-i.STc ZG\!" 1S -j�----ee.w5. Board or Commission in which you are interested? ti)t c l S�j ai G 1..;- Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: o. k gt e— zss C tad\ t-A.v1/4 1. t_ PO t'n •-( ti c, (hv.N l 't c. 1Cje- e - '" ti L J'P Conflict of interest i defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No `)( If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . o""r" \ �.:; c e YS L C. c-, v. ,c % C 2 . 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge.. Signature ' b Date RETURN APPLICATION AND PLEDGE TO:- City Clerk City of Shakopee 129 Holmes Street South `�� Shakopee, MN 55379 ` Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) S ( c pc ;7- Ne. 3C '."" MA1:,t.,rc Sr ���+► • rb:cr*--•\ %..-r e„ 4v •r" 1wST%iti. CY - \-s. LQ. aYti-N‘.);1STY...V Ne- ...,<- IS -r +.0Ys. Board or Commission in which you are interested? cCL�S C clSSScl.�. Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: k 4- a t-1 l I �C1\ I 0.t-1 L. - L ` r" 1 v r� -'\ L G M 1.1�lJ T `{ S- V` Vv L V S T C; p� M �( t c-� ti,y { I`i c�k: . �.( r-�. C p i-'► th x,.1.4 i '? Joy 6 to-0e Y P L c.( "l t, Conflict of interest ig defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No '( If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . %.A rpt ae }-�e � .�Y�cL C c. :,..:c M YS 2 . S c�c e Y , �.,. 2� ::.5 l - -+- t.,‘ 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge.' s...� • Signature Date RETURN APPLICATION AND PLEDGE TO: City Clerk (� City of Shakopee "� . 129 Holmes Street South °Ib Shakopee, MN 55379 C \3 1' j!. ?3. &. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Initiating the Vacation of Right-of-Way DATE: September 17, 1996 INTRODUCTION The attached Resolution No. 4509 sets a public hearing date to consider the vacation of right-of-way. This right-of-way is located west of and adjacent to Lot 6,Block 3,P&V 2nd Addition. DISCUSSION The City has received a petition for the vacation of right-of-way from Thomas Doll. This right-of-way is located adjacent to Lot 6,Block 3,P&V 2nd Addition. The attached resolution sets a public hearing for October 15, 1996. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. This is a routine housekeeping item. ACTION REQUESTED Offer Resolution No. 4509, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way Within P& V 2nd Addition, and move its adoption. d,ei -41;tit Julie Klima Planner I i:\commdev\cc\1996\cc0917\vacphdl.doc RESOLUTION NO. 4509 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WITHIN P& V 2ND ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the right-of-way located adjacent to Lot 6, Block 3, P & V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '1'I1] CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 15th day of October, 1996, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way located adjacent to Lot 6,Block 3, P&V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee,MN 55379 __ ( --. 255474 - - • Sur� J G� 1zo ```1 .. • 1 • IIPLOC \ \ I MEE" 2 ! I 1V ST. ....... u, Moo ND ZNi1111 ll Q "" � 2 4 ' 3 — G 5 a 1 3 N 6 311111 la.13 a fit SAND S T. A /ii g 3 '0 2 5 simi 2 • '89-o, - ._.. • !INN. HWY. R/W PLAT NO. 70 - 20 - _ _ _ __ - --- - _ - - - -- -- _. , ._ _ - - _. -- - - -- X89'! CITY OF SHAKOPEE 1/. 6 . it) Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Blocks 3 & 4 Demolition Update DATE: September 12, 1996 INTRODUCTION: At the City Council meeting of September 17th, the Council will be provided with a recommendation regarding demolition specifications for Blocks 3 &4. BACKGROUND: The attached memorandum was shared with the EDA on September 11th. It advises that a professional is warranted to put together demolition specifications for Blocks 3 & 4. I toured the project with a prospective consultant (TKDA of St. Paul) on September 12th. By Tuesday's meeting, he is to get to me a rough estimate as to what it would cost to do specifications for this. Included in that will be alternatives for such things as surveying services, follow-up inspections, and the like. Depending upon what his estimated cost is, the Council may be asked to either award the work to that consultant, or direct that other proposals be taken. As an aside, another factor influencing the availability of this property for demolition is dependent upon what happens for condemnation purposes. There are some properties which will need to be acquired through condemnation; a hearing has been set for October 30th on that. ACTION REQUIRED: Depending upon the recommendation to be made at the September 17th meeting, the Council will be asked to take appropriate action. ILGAAILULt Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Economic Development Authority FROM: Mark McNeill, City Administrator SUBJECT: Blocks 3 & 4 Demolition Specifications DATE: September 11, 1996 I've been in contact with a consulting engineering firm who does demolition specifications for commercial structures. My intent is to get the process moving for Blocks 3 & 4. Based on the asbestos contained in the buildings, and the possibility of underground fuel storage tanks, my recommendation will be to utilize a professional to put together the specifications. I did relay to the representative of the engineering firm the desire to have construction underway late this fall, or over the winter. He stated that that schedule would be optimistic - it will take one month alone to get permit from the Minnesota Pollution Control Agency to have asbestos removed. In addition, one must factor in a minimum of three weeks for design, public advertisement (another 3 - 6 weeks), and sufficient times for the start up for demolition. He did state that winter was a good time to be doing demolition, at least in terms of prices - contractors are normally hungry for business during that time of year. However, he also advised that any thing involving excavation(i.e. removal of underground storage tanks and treatment of contaminated soil, back fill, etc.)will be more difficult. We will be inspecting the property Thursday, September 12th. Based on that, I will have a better idea as to whether the demolition services are something for which we need to get competitive quotes, or whether, as a professional service, we can go with this engineering firm. Mark McNeill City Administrator MM:tw I. C. as CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Adoption of Trunk Storm Water Charges DATE: September 17, 1996 INTRODUCTION: Attached is Ordinance No. 463, an ordinance of the City of Shakopee amending Chapter 3, Municipal and Public Utilities,Rules and Regulations, Franchises and Rates,by adding Section 3.43, Relating to Trunk Storm Water Charges for Council consideration. Also attached is Resolution No. 4505 which adopts a Trunk Storm Water Fee. BACKGROUND: The attached ordinance and resolution has been drafted by Jim Thomson, of Kennedy and Graven, after Council discussion of the Trunk Storm Water Justification Report at the September 3, 1996 Council meeting. The ordinance establishes the trunk storm water charge with the resolution setting the amount of the charges and method of collection. The resolution can be modified by City Council from time to time as necessary. The discussion for a trunk storm water charge began on November 14, 1995 at a Committee of the Whole meeting. At this meeting, Council gave staff direction to proceed with the establishment of a charge on new developments. On April 2, 1996, City Council authorized WSB & Associates, Inc. to assist staff in the preparation of a Justification report on a trunk storm water charge. At the July 2, 1996 meeting, Council directed staff to review the Justification Report with the Subdivision Review Committee (SRC) for input and comments. The SRC reviewed the report in July and August and adopted a favorable recommendation to the City Council. Staff reviewed the report and policy issues with the implementation of a trunk storm water charge at the September 3, 1996 meeting. From the discussion at the meeting and inquiries from developers, Council may desire to discuss these issues further before adoption of the ordinance and resolution. These issues are as follows: 1. Effective Date of Fees 2. Payment Method for Residential Plats 3. Application of Charge to Rural Subdivision Lots On Issue No. 1, the application timing of the charges to developments needs to be discussed further. The proposed charges are to be applied at the time of final platting for residential plats and at the time of building permit issuance for commercial, industrial and institutional developments. In further discussions with the City Attorney and a survey of surrounding communities,a new fee is not usually imposed on developments that have an approved preliminary plat. The rationale for implementing a new fee at this stage of development is that the developer has not entered into a financial commitment without knowing the consequences or total costs of development. The city code has a provision in which the city cannot change the terms and conditions of the preliminary plat for one year after approval. Staff has been adding a condition to preliminary plat approvals since June, 1996, to inform developers that a trunk storm water charge is being prepared and could be applied to the plat, depending upon final adoption of the fee and if the developer has obtained final plat approval. The City Attorney is of the opinion that preliminary plats with this condition could be subjected to the fee. The plats with a condition in a preliminary plat approval since June, 1996 are as follows: 1. Prairie Village 2. Valley Park 12th Addition 3. French Trace 4. Meadows South Prairie Village's condition required the developer to agree to pay future trunk storm water charges, since the south 40 acres will need a new trunk storm water conveyance system to eliminate a storm water lift station. The other three plats had a condition in which trunk storm water charges may be applied to the plat, if the fees are adopted before final plat approval. Valley Park 12th Addition has received final plat approval, thus the charges cannot be applied to this development. The other plats will be seeking final plat approval shortly. Two other plats received preliminary plat approval since June, 1996, but a condition in which trunk storm water charges may be applied to the plat, if the fees are adopted, was inadvertently not included by staff. These plats were Samantha Woods and Hauer's 5th Addition. Both of these subdivisions contain four residential lots. The Samantha Woods development is being required to install a storm sewer through its property to accommodate drainage from offsite as per City policy. The cost of this storm sewer is slightly less than the cost of the trunk charge. Under the new trunk charge policy, this storm sewer would be considered a trunk system and trunk charges would credit the developer for this installation. The Hauer 5th Addition plat has been in preliminary plat application for almost two years. Plat approval was given on August 6, 1996 and staff simply forgot to add a condition in regards to the trunk storm water charge. Resolution No. 4505, in Paragraph No. 6, includes language on when the trunk storm water charges are applicable to developments. It is staff's intent not to apply the fee to those developments that have an approved preliminary plat or PUD, prior to the adoption of the ordinance,unless there was a condition of payment of trunk storm water charges on preliminary plat approval. The question for Council is when should the effective date be for applying trunk storm water charges to developments. Staff has the following options to consider: 1. The charges established by this resolution will not be charged to any development that received either PUD approval or preliminary plat approval prior to September 17, 1996 unless: (1) such approval has expired; or (2) the property is replatted after September 17, 1996. 2. The charges established by this resolution will not be charged to any development that received either PUD approval or preliminary plat approval prior to September 17, 1996 unless: (1) payment of the trunk storm water charges was made a condition of such approval; (2) such approval has expired; or (3) the property is replatted after September 17, 1996. 3. The charges established by this resolution will not be charged to any development that received either PUD approval or preliminary plat approval prior to a date selected by Council unless: (1) such approval has expired; or (2) the property is replatted after September 17, 1996. Considering the fact that most Cities implement new fees on development before preliminary plat approval, and due to the fact that staff has not been consistent with including a condition on all preliminary plats since June, 1996, Option No. 1 which applies the charges to those developments that do not have preliminary plat or PUD approval prior to September 17, 1996 may be the most fair and consistent effective date timeline. If Council believes those plats with a condition in the preliminary plat approval should be charged, Option No. 2 is appropriate. If Council wishes to allow time for those plats in progress for preliminary plat approval,then Option No. 3 is more appropriate. Attached to this memo are letters from Klaas Van Zee and Darrel Gonyea who are the developers of Eagle Creek Bluff and Westridge Estates, respectively. Both letters indicate they would like to see the fee imposed on those developments that do not have PUD or preliminary plat approval. With commercial, industrial and institutional property, staff would also recommend the charges apply to those future developments with the same effective date as for residential plats. For instance, the ADC Telecommunication site was part of a previous plat and would be exempted from the charges. On Issue #2, a paragraph has been added to Resolution No. 4505, to allow developers of residential developments to pay the fee over a three year period with interest by providing an irrevocable letter of credit to the City. This provision would be included in the developer's agreement. The letter of credit option is in lieu of paying the fee in total upfront. Allowing the letter of credit option requires more administrative time by staff to ensure proper withdrawals are occurring each year and that the letter of credit does not expire. The City Attorney has suggested that the City require the letter of credits to be renewed at the same date each year, such as January 1, 1997. On Issue #3, this policy issue relates to rural residential lots and the application of the charges to those lots. At the September 3, 1996 Council meeting, direction was given to staff to apply the fee to the entire lot acreage. Staff has received calls from concerned property owners, that applying the fee to 10 acre lots essentially prohibits any subdividing in the rural areas. In the ordinance and under Minnesota Statutes, the City has the right to impose just and equitable charges in regard to a storm water system. The question for City Council is whether the charge on 10 acre lots is just and equitable. Staff has included in the resolution a maximum acreage of one acre in size which would be essentially $3,000.00 per lot. Discussions with the City Attorney indicates there may be legal issues with charging the full amount to a 10 acre lot for one single family residence. Staff believes these issues need to be finalized in order to adopt the ordinance and resolution in establishing a trunk storm water charge in the City of Shakopee. ALTERNATIVES: The alternatives are as follows and are dependent upon discussion of the issues. 1. Adopt Ordinance No. 463,as submitted or as modified by Council. 2. Deny Ordinance No. 463 3. Table adoption of Ordinance No. 463,for additional information. 4. Adopt Resolution No. 4505, as submitted or as modified by Council. 5. Deny Resolution No. 4505. 6. Table adoption of Resolution No. 4505,for additional information. RECOMMENDATION: Staff recommends adoption of both Ordinance No. 463 and Resolution No. 4505, which establishes a trunk storm water charge, after discussion of the three issues identified in this memo. Modification of the ordinance and resolution language may be needed, depending on Council discussion on the issues mentioned in the memo. ACTION REQUESTED: 1. Offer Ordinance No. 463,An Ordinance Amending Chapter 3, Municipal and Public Utilities, Rules and Regulations,Franchises and Rates by Adding a New Section 3.43, Relating to Trunk Storm Water Charges and move its adoption. 2. Offer Resolution No. 4505,A Resolution Adopting Trunk Storm Water Charges and Storm Water Storage and Treatment Charges and move its adoption. Jtr Bruce Loney Public Works Director BL/pmp FEE GONYEA LAND COMPANY 605 WEST TRAVELERS TRAIL September 10, 1996 BURNSVILLE,MINNESOTA 55337 TELEPHONE(612)882-1112 FAX(612)882-1531 Shakopee City Hall �AFC '` 129 Holmes Street South C/ sFp, Shakopee,MN 55379 T), ) O,cS X996 Re: Storm water trunk charges. y9/ Opp Honorable Mayor and Council: I am the developer of Westridge Lake Estates, a rural PUD lot subdivision. My preliminary and final PUD was approved with a 5 year staging plan approximately 3 years ago. At that time I was told that I should preliminary plat all of Westridge Lake Estates and final plat each phase according to the staging plan. I would hope the Mayor and Council would not assess those subdivisions that have had final PUD approval and have been preliminary platted. If I were to apply for a PUD today, I would have to pay an additional $200,000.00 for this charge and it would seriously jeopardize the project. Obviously I feel this charge is excessive for rural lots. There is no way for a builder or developer of a project to factor in these charges after he has preliminary platted the land and closed the sale. Thanks for your consideration. Yours truly, Darrel E. Gonyea Westridge Bay Company Van Zee Homes, Inc. I I 9951 Credit River Blvd. • Prior Lake, MN 55372 Phone (612) 445-0576• Fax (612)445-9523 Lic.#1429 • September 10 , 1996 City of Shakopee 129 South Holmes Street Shakopee , MN 55379 Re: Storm Water Trunk Fee Dear Mayor and Councilmembers : A Storm Water Trunk Fee placed on a plat that is in progress creates a huge burden on the developer . Most land is bought by a developer subject to getting either PUD approval or Preliminary Plat approval . Until that time the developer has an opportunity to either not purchase the property or renegotiate the purchase price of the land with the seller of the land should fees change . Once a developer has received either PUD or Preliminary Plat approval and has purchased the land , he is committed to developing that piece of property . A change in fees after that time comes directly out of the profit because his purchase price for the land is fixed and the market has determined what the sale price of his lots will be . If the fees go up , he cannot go back to the seller of the land and try to get a reduced price and he cannot go to the marketplace and ask or more money . People will not pay more for the lot because the developer has a new fee to pay . I have heard the comment that the developer can absorb the fee because the value of the land goes up over time allowing the developer to make more profit than he originally thought he would make . Actually , the developer plans for the value to go up when the projections are made for a project because it is necessary to offset the holding costs on the land . There isn 't some "bonus" out there that the developer reaps if the land value goes up that can be given up to new fees without a negative impact on the development . A reasonable position would be to impose the fee on all subdivisions that have not yet received either preliminary plat or PUD approval . An alternative would be to give everyone who has either preliminary plat or PUD approval some period of time to get final plat approval or pay the fee . Please consider one of these alternatives . The second item I would like to address is placing the fee on rural lots on the same basis as city lots . It would seem that charginga rural lot on a per house basis s rather than a per square foot basis may be a fairer approach because most of the runoff to the storm sewer comes from streets , J rooftops and driveways rather than how much grass the property has . Please reconsider treating the assessment on rural lots the same as city lots . Respectfully submitted , Klaas Van Zee mg 5LI' 11 "ib 1d:4e KLNNLVY 7S 6KHVEN P.2 ORDINANCE NO. 463, FOURTH SERIES An Ordinance Of The City Of Shakopee, Minnesota Amending Chapter 3, Municipal And Public Utilities, Rules And Regulations, Franchises And Rates, By Adding A New Section 3.43, Relating To Trunk Storm Water Charges 1 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - City Code Chapter 3, Municipal aad Public Utilities, Rules and Regulations, Franchise and Rates, is amended by adopting a new section, which shall read as • follows: Sec. 3.43. TRUNK STORM WATER CHARGES Subd. 1. PURPOSE. Minnesota Statutes, Section 444.075 gives the City authority to impose just and equitable charges to pay for the acquisition,construction, reconstruction,repair, enlargement, improvement, maintenance, operation, and use of storm sewer systems for the collection and disposal of storm water. The City Council has determined that new development in the City will create the need for acquisition, construction, reconstruction, improvement, maintenance, operation, and use of trunk storm water facilities and regional ponding systems. The City Council has further determined that the storm water drainage fees imposed by section 3.42 of this Code are inadequate to pay for the costs of these facilities and systems that are needed to accommodate development in the City. The City Council has further determined that it would be inequitable to increase the storm water drainage fees to pay for new trunk storm water facilities and regional ponding systems because such an increase would require previously developed properties to pay for facilities,the need for which is being generated primarily by new development rather than existing development. These new trunk storm water facilities and regional ponding systems will be acquired, constructed, operated, used, and maintained in accordance with the City's comprehensive storm water management plan. The City Council has considered the information, recommendations, and conclusions contained in the July, 1996 (revised September 13, 1996) Trunk Storm Water Fee Justification Report prepared by WSB & Associates. Based on all of the above information,the City Council finds that it is necessary to impose trunk storm water charges and storm water storage and treatment charges to provide assurances that: A. An adequate storm water drainage system can be financed, constructed, improved, and operated so that storm water runoff from developing properties within the City can be reasonably accommodated, not only within these properties but also by downstream properties. B. The City will be able to acquire property for the construction of a trunk storm water system as new development takes place so that the storm water drainage needs of the City are met and so that property owners within the City will be treated fairly and equitably. JJT109934 SK155-13 bLe 11 'eb 1h1:4,j KLNNU)Y 2k GKHVLN P.3 1 , ' C. New development, which is creating the need for and being benefitted by new trunk storm water drainage facilities and existing regional ponding systems, will pay its proportionate and equitable share of the cost of infrastructure improvements. Subd. 2. TRUNK STORM WATER CHARGES. For the purpose of paying for the acquisition, construction, reconstruction, repair, enlargement, improvement, maintenance, • operation, and use of trunk storm water drainage facilities and regional ponding systems,there is hereby established and imposed trunk storm water charges and storm water storage and treatment charges. The amount of the charges and method of collection will be set by resolution of the City Council from time to time. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. 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 JJT169934 Sy15S-4.3 SEP 16 '96 17:01 KENNEDY & GRAVEN / 1 C P.2 t i IRJ2,1)4,,a-J - r,J.,4441pL ORDINANCE NO. 463, FOURTH SERIES An Ordinance Of The City Of Shakopee, Minnesota Amending Chapter 3, Municipal And Public Utilities, Rules And Regulations, Franchises And Rates, By Adding A New Section 3.43, Relating To Trunk Storm Water Charges THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - City Code Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchise and Rates, is amended by adopting a new section, which shall read as follows: Sec. 3.43. TRUNK STORM WATER CHARGES Subd. 1. PURPOSE. Minnesota Statutes, Section 444.075 gives the City authority to impose just and equitable charges to pay for the acquisition, construction, reconstruction,repair, enlargement, improvement, maintenance, operation, and use of storm sewer systems for the collection and disposal of storm water. The City Council has determined that new development in the City will create the need for acquisition, construction, reconstruction, improvement, maintenance, operation, and use of trunk storm water facilities and regional ponding systems. The City Council has further determined that the storm water drainage fees imposed by section • 3.42 of this Code are inadequate to pay for the costs of these facilities and systems that are needed to accommodate development in the City. The City Council has further determined that it would be inequitable to increase the storm water drainage fees to pay for new trunk storm water facilities and regional ponding systems because such an increase would require previously developed properties to pay for facilities,the need for which is being generated primarily by new development rather than existing development. These new trunk storm water facilities and regional ponding systems will be acquired, constructed, operated, used, and maintained in accordance with the City's comprehensive storm water management plan. The City Council has considered the information, recommendations, and conclusions contained in the July, 1996 (revised September 13, 1996) Trunk Storm Water Fee Justification Report prepared by WSB & • Associates. Based on all of the above information, the City Council finds that it is necessary to impose trunk storm water charges and storm water storage and treatment charges to provide assurances that: A. An adequate storm water drainage system can be fmanced,constructed,improved, • and operated so that storm water runoff from developing properties within the City can be reasonably accommodated, not only within these properties but also by downstream properties. B. The City will be able to acquire property for the construction of a trunk storm water system as new development takes place so that the storm water drainage needs of the City are met and so that property owners within the City will be • treaiea rainy ana equitably. JJT109934 SHISS-ti SP SEP 16 '96 1702 KENNEDY & GRAVEN P,3 I i +►. C. New development, which is creating the need for and being benefitted by new trunk storm water drainage facilities and existing regional ponding systems, will pay its proportionate and equitable share of the cost of infrastructure improvements. Subd. 2. TRUNK STORM WATER CHARGES. For the purpose of paying for the acquisition, construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of trunk storm water drainage facilities and regional ponding systems, there is hereby established and imposed trunk storm water charges and storm water storage and treatment charges. The amount of the charges and method of collection will be set by resolution of the City Council from time to time. Section 2 -Effective Date. This ordinance becomes effective from and after its adoption and publication. The charges established and imposed by this ordinance will not apply to any development that received either PUD approval or preliminary plat approval prior to September 17, 1996 unless such approval has expired or unless the property is replatted after the adoption of this ordinance. 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 JJT109934 SH1SS-13 RESOLUTION NO. 4505 A Resolution Of The City of Shakopee, Minnesota Adopting Trunk Storm Water Charges and Storm Water Storage and Treatment Charges WHEREAS, trunk storm water facilities and regional ponding systems serve large portions of the City, connecting various Iocal storm water facilities to larger bodies of water;and WHEREAS, trunk storm water facilities need to be constructed as development occurs and cannot be delayed until all property is developed; and WHEREAS,regional ponding systems already constructed and operating in the City will be utilized by future development for the storage and treatment of storm water generated by such development; WHEREAS, in order to fund trunk storm water facilities and regional ponding systems, the City Council has enacted Section 3.43 of the City Code and has determined that it is necessary to impose charges for the acquisition,construction,reconstruction,repair,enlargement, improvement, maintenance, operation and use of such facilities and systems; and WHEREAS, the City desires to spread the cost of the trunk storm water facilities and regional ponding systems over large storm drainage areas of the City where development creates the need for such facilities and systems; and WHEREAS, the City has reviewed and approved the Trunk Storm Water Charge Justification Report, dated July, 1996 (Revised. September 13, 1996), now on file with the City clerk; and WHEREAS, by Ordinance No. 463, Fourth Series, City Code Section 3.43 established a system of trunk storm water and storage and treatment charges and authorized the City Council to set the fee schedule and method of collection by Resolution; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The trunk storm water charge is S.07 per square foot of each net developable acre. The term "net developable acre" means the total acreage of a development within the City limits minus portions of the development used for public rights-of-way, lakes, wetland areas, storm water ponds, and parks. 2. For any development that utilizes regional ponding systems, the storm water storage and treatment charge is: $.04 per square foot for a development having three or less lots per acre; $.07 per square foot for a development having more JJT209935 SH15S-13 E/Z 30bfd 0LE6GEEZL9°QI N3l1t721J 'S AQ3NN3N°140213 9Z ° 0L 96-Zt-d3S than three lots per acre; and $.13 Per square foot for a cornrnercial, industrial or institutional development. 3 The charges established by this Resolution are payable at for residential developments and at the time of uild the permittimof final n efor pbuilding issuance tar commercial, industrial,or institutional developments. In lieu of paying the charge at time of final platting,a developer may as part of a development agreement with the City, agree to pay the charge over a three year period with interest at one per cent over the prime lending rate. Any such agreement must be irrevocable letter of credit for the full amount of the charges plus interest secured wll accrue over the term of the agreement 4. A credit will be given toward trunk storm water development and paid for by the developer in the amount thatnt s constructed ony any exceeds the equivalent lateral storm water sewer cost within the development. 5. For purposes of calculating the charges established by this Resolution, each lot in a rural subdivision(i.e., one not having public sewer and water) will be treated as if it were one acre in size. The balance of the charges will be imposed if the property is further subdivided, less a credit for any charges previously paid. 6. The charges established by this Resolution will not be charged to any development that received either PUD approval or preliminary plat approval prior to September 17, 1996 unless: (1) such a after September 17, 1996. approval has expired; or (2) the property is replatted 7. The charges established by this Resolution will not be charged to any development in the Old Urban Shakopee Area as depicted in Figure 1 to the Trunk Storm Water Justification Report because this area of the City is essentialldeveloped and because the trunk storm water facilities needed serve in-f1 development in this area have already been built. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held is -- day of 1996. Mayor of the City of Shakopee ATTEST: City Clerk J:7109935 SR1S5-23 £/Z 30tId 0 L E6LEEZ[9 °Q I N3AVain B AQ3NN3N WO?113 Zb°S I 96-Z L-d3S 11 � L MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: McKenna Road Project-City of Shakopee Corporate Limits Project No. 1996-7 DATE: September 17, 1996 INTRODUCTION: Attached is Resolution No. 4517, which accepts the bids and awards the contract for the McKenna Road Improvement Project, from County State Aid Highway(CSAH) 16 to the South Corporate Limits of the City of Shakopee, Project No. 1996-7 for Council consideration. BACKGROUND: On July 16, 1996, City Council adopted Resolution No. 4462, a resolution ordering the McKenna Road improvements and the preparation of plans and specifications. The plans were completed by WSB & Assoc. and were approved by City Council on August 20, 1996. The bid opening was conducted on September 16, 1996. Sealed bids were received and publicly opened for this project. A total of five bids were received and are summarized in the attached resolution. The low bid was submitted by Vi-Con, Inc. of Northfield, Minnesota in the amount of $217,348.20. The Engineer's estimate for this project is $200,000.00. In addition to awarding the contract to the low bidder, Vi-Con, Inc., City staff will need to authorize the consultant engineering services to provide construction surveying and administration services as necessary for this project, and recommends WSB & Assoc. for that work. In the agreement between the City and the Shakopee Mdewakanton Sioux Community (SMSC), prior to award of bid,the agreement has two requirements as follows: 1. Notification by the Community to the City of its decision to proceed with the construction of McKenna Road. 2. Placement of 110%of the estimated costs for the installation of the improvements into an escrow account to fund this project. On Item No. 1, the Community Tribal Council met on Tuesday morning and voted to proceed with the construction of McKenna Road. Attached is a letter from Tribal Administrator, Bill Rudnicki, in this matter. On Item No. 2, the funds for the estimated costs of the improvements which includes the construction costs, administration costs, surveying costs, inspections costs, and material testing costs have been placed into the escrow account for the City. Staff is recommends awarding the contract to Vi-Con, Inc., as the requirements with the SMSC have been met, and Vi-Con is the lowest responsible bidder. If Council awards this project, staff is also requesting that City Council authorize a contingency amount equal to 10% of the contract, to cover minor change orders or quantity adjustments that may occur on the project. The escrow account with the Community does contain a 10% contingency. ALTERNATIVES: 1. Accept the low bid of $217,348.20 and adopt Resolution No. 4517, awarding the contract to Vi-Con,Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc., Inc., to provide consultant services on this project for the City of Shakopee. 5. Authorize a 10% contingency amount, for use by the City Engineer, in authorizing change orders or quantity adjustments on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1,4 and 5. ACTION REQUESTED: 1. Offer Resolution No. 4517, A Resolution Accepting Bids for McKenna Road, from County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee, Project No. 1996-7 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB &Assoc., Inc.,to provide consultant services on this project for the City of Shakopee. 3. Authorize a 10% contingency amount, for use by the City Engineer, in authorizing change orders and quantity adjustments on this project. 4eie Bruce Loney Public Works Director BL/pmp MEM4517 Shakopee Mdewakanton OFFICERS 0 � Stanley R.Crooks I Sioux Community GlynnChairman • A.Crooks 4 k i/• Vice Chairman •='=� 2330 SIOUX TRAIL NW•PRIOR LAKE,MINNESOTA 55372 Susan Totenhagen TRIBAL OFFICE:612.445-8900 • FAX 612.445-8906 Secretary/Treasurer iiiI September 17, 1996 City of Shakopee c/o Mayor Jeff Henderson 129 S. Holmes Street Shakopee, MN 55379 SUBJECT: MCKENNA ROAD Dear Honorable Mayor Henderson: On September 17, 1996 the Business Council held a special meeting to discuss several issues including the acceptance of the general contractor for the McKenna Road project. The Council has reviewed the bid tally sheet from the September 16, bid opening. The Business Council approves awarding the McKenna Road construction project within the corporate limits of the City of Shakopee to VI-Con, 1325 Armstrong Road,#210,Northfield, MN 55057. The Business Council is aware that VI-Con was the low bidder with a bid of$217,348.20. If you have any further questions,please do not hesitate to contact me. Sincerely, „:::; r4-----,___Z:.yto-ct,‘..--- Stanley R. Crooks Tribal Chairman cc: Bill Rudnicki Bruce Loney Willie Hardacker Stan Ellison RESOLUTION NO. 4517 A Resolution Accepting Bids For McKenna Road, From County State Aid Highway 16 To The South Corporate Limits Of The City Of Shakopee Project No. 1996-7 WHEREAS, pursuant to an advertisement for bids for improving the unpaved portion of McKenna Road, within the City of Shakopee Corporate Limits, to a bituminous paved surface, Project No. 1996-7, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Vi-Con,Inc. $217,348.20 Hardrives,Inc. $219,927.00 NW Asphalt,Inc. $228,316.25 Palda& Sons $232,555.32 Midwest Asphalt,Inc. $232,663.40 AND WHEREAS, it appears that Vi-Con, Inc., P.O. Box 708, Northfield, MN 55057 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Vi-Con, Inc., in the name of the City of Shakopee for the improvement of McKenna Road , within City of Shakopee Corporate Limits, by addition of bituminous pavement on the unpaved portion, Project No. 1996-7 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk //•C CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: McKenna Road Improvement Project-Award of Bids DATE: September 17, 1996 INTRODUCTION: City Council approved the plans and specifications on August 20, 1996, for the McKenna Road Improvement Project and ordered advertisement for bids. The bid opening is scheduled for September 16, 1996. A memo will be placed on the table on the bid opening results and a recommendation from staff for the award of bids at the Council meeting. BACKGROUND: In order to meet the public improvement project procedures for allowance of time for bidding, the earliest the bid opening for this project is September 16, 1996. A bid opening will be conducted at this time and results analyzed by staff and by the Shakopee Mdewakanton Sioux Community personnel. Bids results will be tabulated, and a Tribal Council meeting will be held on Tuesday morning to discuss the bids and give final approval to proceed with the project or not. Results of the bids and the Tribal Council meeting on September 17, 1996 will be included with the memo on the table. ideee iA97 Bruce Loney Public Works Director BL/pmp ROAD I/, c, c-, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Snow Emergency Routes DATE: September 17, 1996 INTRODUCTION: Revisions to the designated snow emergency routes due to development and relocation of St. Francis Hospital requires a revision to City Code, Section 9.50, Subdivision 8. BACKGROUND: Attached is a drawing showing the current snow emergency routes, as per City Ordinance No. 364 and proposed additions, which is the latest ordinance regarding snow emergency routes. Staff is requesting City Council approval to revise the snow emergency routes due to new developments being added to the City's street system and with the relocation of St. Frances Hospital. The changes in the snow emergency routes are as follows: 1. Add Vierling Drive, from C.R. 77 (Apgar Street)to C.R. 79. 2. Add 4th Avenue, from Marschall Road to Sarazin Street. 3. Add Sarazin Street, from CSAH 16 to 4th Avenue. 4. Add St. Francis Avenue, from Marschall Road to Sarazin Street. 5. Add 4th Avenue, from Fuller Street to Holmes Street. 6. Delete Scott Street,from 1st Avenue to 6th Avenue. 7. Delete 6th Avenue, from Fuller Street to Holmes Street. Attached is the appropriate ordinance revision on the snow emergency routes change. A snow emergency route restricts the parking on these streets in order to facilitate snow removal on major routes. ALTERNATIVES: 1. Move to adopt Ordinance No. 462, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 9, Parking Regulations, Section 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District by Repealing Subd. 8, Snow Emergency Routes and Enacting One New Subdivision in Lieu Thereof,Relating to the Same Subject and move its adoption. 2. Deny Ordinance No. 462. 3. Table for more specific information. RECOMMENDATION: Staff recommends Alternative No.1, to amend the snow emergency routes to accurately designated the new snow emergency routes, due to development and relocation of St. Francis Hospital. ACTION REQUESTED: Move to adopt Ordinance No. 462, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 9, Parking Regulations, Section 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District by Repealing Subd. 8, Snow Emergency Routes and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject and move its adoption. Bruce Loney Public Works erector BL/pmp SNOW n £8 88 Ce14m it lr. \ .4 // . 414111 ' \WOMB / > II I . 1:" \ Ayalli- -1 I . .„ . I V I Ld \ PI- (..„ \ ArkO s.\ ) ''''\' - 'fa': \ GEVVAil , Nl ... 'AS NIZYBYS_ Z 4.,11 Wil *Y aa-E- Ili -t- .x61'3 - �I \ Ii I111 u •fir- MA ' � k�—/ -�h _♦ t ii- tsto— {i■i I -{.-'{'{nra� IMIIaIM._ ,,,; . W ®{►err+ II11�_ 5 0:{t� .� tiiilli L 9-:- i ®7:1. 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THE COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 9, Parking Regulations, Sec. 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District, is hereby amended by repealing Subd. 8, Snow Emergency Routes, and enacting one new subdivision relating to the same subject, which shall read as follows: SEC. 9.50. PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN CENTRAL BUSINESS DISTRICT. Subd. 8. Snow Emergency Routes. The following streets shall be designated as snow emergency routes: Apgar St. from Sixth Ave. to Tenth Ave. Fourth Ave. from [Holmes St.] Fuller St. to [Marschall Rd.] Sarazin St. Harrison St. from Third Ave. to Sixth Ave. and Tenth Avenue to [Vierling Drive] Thirteenth Avenue Fuller St. from First Ave. to Tenth Ave. Market St. from First Ave. to Tenth Ave. Scott St. from First Ave. to [Sixth Ave.] Fourth Ave. Shakopee Ave. from Tenth Ave. to Eleventh Ave. Sixth Ave. from [Holmes St.] Fuller St. to Adams St. Spencer St. from First Ave. to Tenth Ave. Tenth Ave. from Tyler St. to Shakopee Ave. Third Ave. from Harrison St. to Scott St. Twelfth Ave. from Adams St. to Taylor St. Vierling Dr. from County Rd. 16 to [County Rd. 79] County Road 77 Sarazin St. From County Rd. 16 to Fourth Ave. $t. Francis Ave. From Marschall Rd. to Sarazin St. Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 9.99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of , 1996. [I :ORDSNOW.DOC] -2- l / Cc CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Snow Emergency Routes-Ordinance No. 462 DATE: September 17, 1996 Attached to this memorandum is revised Ordinance No. 462, to reflect the comments received from the Fire Department. The Fire Department has requested that Scott Street, from 1st Avenue to 6th Avenue remain on the snow emergency route and 6th Avenue, from Fuller Street to Holmes Street also remain on the snow emergency route, as indicated in previous ordinances. Staff had previously indicated that portions of these routes could be deleted with the relocation of St. Francis Hospital. The Fire Department has indicated these snow emergency routes serve the Fire Department in responding to emergency calls. This revised ordinance will be on the table for Council consideration at the September 17, 1996 meeting. t Wi-e dgr 0/ Bruce Loney Public Works Director BL/pmp REVISED AP ORDINANCE NO. 462, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 9, PARKING REGULATIONS, SEC. 9.50, PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN CENTRAL BUSINESS DISTRICT, BY REPEALING SUBD. 8, SNOW EMERGENCY ROUTES, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 9, Parking Regulations, Sec. 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District, is hereby amended by repealing Subd. 8, Snow Emergency Routes, and enacting one new subdivision relating to the same subject, which shall read as follows: SEC. 9.50. PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN CENTRAL BUSINESS DISTRICT. Subd. 8. Snow Emergency Routes. The following streets shall be designated as snow emergency routes: Apgar St. from Sixth Ave. to Tenth Ave. Fourth Ave. from [Holmes St.] Fuller St. to [Marschall Rd.] Sarazin St. Harrison St. from Third Ave. to Sixth Ave. and Tenth Avenue to [Vierling Drive] Thirteenth Avenue Fuller St. from First Ave. to Tenth Ave. Market St. from First Ave. to Tenth Ave. Scott St. from First Ave. to Sixth Ave. Shakopee Ave. from Tenth Ave. to Eleventh Ave. Sixth Ave. from Holmes St. to Adams St. Spencer St. from First Ave. to Tenth Ave. Tenth Ave. from Tyler St. to Shakopee Ave. Third Ave. from Harrison St. to Scott St. Twelfth Ave. from Adams St. to Taylor St. Vierling Dr. from County Rd. 16 to [County Rd. 79] County Road 77 Sarazin St. From County Rd. 16 to Fourth Ave. St. Francis Ave. From Marschall Rd. to Sarazin St. Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 9.99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of , 1996. [I :ORDSNOW.DOC] -2- CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Parking Control Requests from School District#720 by Central Elementary DATE: September 17, 1996 INTRODUCTION: Mr. Bob Martin, of Independent School District#720, is requesting that the City change its parking signs around Central Elementary to facilitate additional parking needed by the School District. BACKGROUND: Attached to this memorandum is a letter from Bob Martin, Director of Business Services for ISD#720,requesting no parking signs be removed along Lewis Street and additional no parking signs be placed on 6th Avenue, adjacent to Central Elementary. Also attached to this memorandum are drawings on the before and after signage situation for streets in this area. Per City Code, Chapter 7, Section 7.03, all traffic and parking control signage must be approved by City Council. The request being made by the School District is to facilitate additional parking that is needed in this area for administration,teachers and volunteers. The bus loading will occur on 5th Avenue or 6th Avenue,thus the no parking restrictions can be removed on Lewis Street. ALTERNATIVES: 1. Direct staff to place the appropriate signage,to allow parking on Lewis Street and to restrict parking on 6th Avenue,as shown on the drawing labeled Attachment No. 2. 2. Deny the request to the School District for any change in signage. 3. Direct staff to place the appropriate signage as directed by City Council. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1., as the change in signage should improve the parking in this area and have very little impact on adjacent property. ACTION REQUESTED: Direct staff to place the appropriate signage,to allow parking on Lewis Street and to restrict parking on 6th Avenue, as shown on the drawing labeled Attachment No. 2. Bruce Loney Public Works Director BL/pmp PARKING sliAKopEE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Robyn Wolfe, Vice Chair Director of Business Services: PUBLIC SCHOOLS Janet Wendt, Clerk Robert N. Martin Steve Schneider, Treasurer District Office Todd Anderson, Director Jessica Geis, Director Bob Techam, Director September 10, 1996 Mr. Bruce Loney Shakopee City Engineer City Of Shakopee 129 S. Holmes Shakopee, Minnesota 55379 Dear Mr Loney: I am requesting a change in the parking around Central Elementary School. The request is to enable the Shakopee School District to change the bus loading for more efficiency. The change would be to allow parking on the west side of Lewis between 5th and 6th street where there is currently no parking during school days. The other change is to make the north side of 6th street between Holmes and Lewis no parking during school days. Currently this is no parking during school days for about two thirds of the distance. These changes would enable the District to load buses on 5th and 6th streets. We would no longer need Lewis for loading buses. This would actually increase the parking spaces around Central Elementary. Thank you for your cooperation. Sincerely, Robert Martin Director of Business Services 505 South Holmes Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5011 AN EQUAL OPPORTUNITY EMPLOYER HEVES ST . z ( D -, 0 D = , D mz IL--1 c� _ �-4- Z /u = t [Ti = / ( ) � O H 1 C 1-717 = C � 1> I ' 7 � � AJ r— m D2 -rte _ 3 I O_ SAG ❑❑HIS ❑NI>IeIdd ❑N ~ ' ' I • ' IS SIP\ -3. 1 - Hae - H2 s / AavA ' IS HEVES ST V (--) zz 0 D -o -0 I- D El 1---1 Czz OG 17 o —_I C ) V) A Z = C III' I 1-17o ori oD D ( ) —1 _ � A ru c V 7 ❑Ni>leidd M11111V 01 3❑NVH3 HI III -- ) ' IS SIM ] 1 HZenH S , Ae A ' IS CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Parking Control Requests from School District#720 by Senior High School DATE: September 17, 1996 INTRODUCTION: Attached is a letter from James Murphy, Principal of the Senior High School, requesting additional parking control signs along 10th Avenue to allow loading and unloading of students to the buses. Also attached to this memorandum is a memo from Jerry Poole, Deputy Chief of Police, in regard to this situation. BACKGROUND: Per City Code, Chapter 7, Section 37.03, all traffic and parking control signs must be approved by City Council. The request being made by the Senior High School is to facilitate bus loading and unloading of students and avoid conflicts with cars that also use the parking area to deliver or pick up students. The memo, from Deputy Chief of Police, has indicated that additional signage be placed to improve the safety of the situation. ALTERNATIVES: 1. Direct staff to place the appropriate signage,to allow school buses to load and unload students along 10th Avenue, and not be in conflict with other vehicles transporting students. 2. Deny the request. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as additional signage will improve the traffic safety in delivering and picking up students in this area. ACTION REQUESTED: Direct staff to place the appropriate signage, to allow school buses to load and unload students along 10th Avenue, and not be in conflict with other vehicles transporting students. Bruce Lon Public Works Director BL/pmp SAFETY SHAMEShakopss School Board Kathy Busch,Choir Superintendent Robert J.Ostlund PUBLIC SCF TOOLS Robyn Wolfe. Vice Chair Principal:James Murphy Janet Wendt,Clerk Assistant Principal:Barbara J. McNulty Steve Schneider,Treasurer Seinlor High School Todd Anderson.Director Jessica Geis, Director Bob Techam, Director September 12, 1996 Bruce Loney City Engineer 129 South Holmes Shakopee, MN 55379 Dear Mr. Loney: Individuals parking in our bus loading and unloading zone have become a problem. On several occasions our buses have been forced to park in the street as they load. This creates an unsafe situation for our students and for people driving along Tenth Avenue. In talking with members of our police department, it has been suggested that signs be placed along our bus-loading zone. I support that proposal. The signs should indicate no parking between 7:10 and 7:30 and 2:00 to 2:15 on school days. Thanks for your support. Sincerely, i /ames E. Murphy Principal 200 East Tenth Avenue,Shakopee,MN 55379 ALL SeriOOLS ACCREOIYED ev THE NORTH CENTAL ASSOCIATION (612)496-5152 • fax: (612)4454268 AN Eouu OPPORTUNITY EMPLOYER 10 39Id H9IH dOIN3S 33d0AVHS 89Z£Sbt'319 6£:60 966t/Z1/60 CITY OF SHAKOPEE Memorandum TO: Bruce Loney, Public Works Director FROM: Jerry Poole, Deputy Chief of Police SUBJECT: School Bus Loading Zone DATE: September 12, 1996 BACKGROUND: A citizen reported a safety issue existed at the Shakopee Senior High School bus loading zone. Sgt. Flynn checked the area on two occasions and found that the citizen's concerns were warranted. He observed occupied cars parked in the school bus loading zone waiting to pick up students leaving school at the end of the day. These parked cars forced the buses to either park between the cars or double park creating a hazard for the children loading onto buses or crossing Tenth Ave. Sgt. Flynn discovered the school bus loading area lacked traffic control devices. Specifically, signs which control the parking of motor vehicles in the school bus loading zone during bus loading hours. Sgt. Flynn and the high school Principal believe the placement of traffic control signs in front of the Shakopee Senior High School are needed. ACTION REQUESTED: Seek City Council approval for the placement of traffic control signs along Tenth Ave. in front of the Shakopee Senior High School. The signs should only control parking during school bus loading hours as any other would limit parking around the school during special events. )1. C_ F, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Authorize Plans and Specifications for Valley Park 13th Addition Improvements,Project No. 1996-8 DATE: September 17, 1996 INTRODUCTION: The preliminary plat of Valley Park 13th Addition is on the agenda for approval by the City Council. The developers have petitioned the City of Shakopee to construct the improvements for this plat and to assess them for the cost. BACKGROUND: The developers are asking the City of Shakopee to install the improvements necessary to serve their plat with streets and utilities, including lighting. They are also requesting the that the sanitary sewer trunk fees and trunk water fees be assessed. The developer has indicated the grading will be completed by them,at their expense. Attached are copies of the petitions signed by the developers for these improvements. These owners have agreed to waive the public hearing and assessment hearing for the improvements. The developers have also requested that the engineering work completed to date for these improvements be reimbursed by the City, and that those costs be included with the project costs to be assessed. ALTERNATIVES: 1. Move to approve Resolution No. 4519, authorizing staff to develop plans and specifications for the improvement of Valley Park 13th Addition, and to waive the public hearing and assessment hearing. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement, with WSB and Associates, Inc., for consulting services to complete the plans and specifications for the improvements. 3. Authorize staff to reimburse the developers for the engineering fees to date, and to assess the costs as part of the project costs. 4. Do not authorize staff to develop plans and specifications. RECOMMENDATION: Staff recommends Alternative No.'s 1, 2, and 3. ACTION REQUESTED: 1. Offer Resolution No. 4519, A Resolution Declaring Adequacy of Petition, Ordering an Improvement and Preparation of Plans and Specifications for Valley Park 13th Addition, Project No. 1996-8 and move its adoption. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement, with WSB and Associates, Inc., for consulting services to complete the plans and specifications for the improvements. 3. Move to authorize staff to reimburse the developers for the engineering fees to date, and to assess the costs as part of the project costs. oel Rutherford Assistant City Engineer RESOLUTION NO. 4519 A Resolution Declaring Adequacy Of Petition Ordering An Improvement And Preparation Of Plans And Specifications Project No. 1996-8 WHEREAS, a certain petition requesting improvement of installing improvements for the Valley Park 13th Addition has been filed with the Council on September 17, 1996; and WHEREAS, this petition is hereby declared to be signed by the required percentage of owners of property affected thereby. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: Install Streets, Storm Sewer,Sanitary Sewer,and Watermain in the Plat of Valley Park 13th Addition. 2. That in addition to the improvements described, the Trunk Water Fees and Sanitary Sewer Fees will also be assessed. 3. 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. 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 jlC MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for St. Francis Sanitary Sewer and Watermain,Project No. 1995-2 DATE: September 17, 1996 INTRODUCTION: Attached is revised Resolution No. 4514, declaring the cost to be assessed and ordering the preparation of proposed assessments for St. Francis Sanitary Sewer and Watermain, Project No. 1995-2. The previous resolution, enclosed in the Council packet, did not include the trunk watermain acreage charge that Shakopee Public Utilities Commission (SPUC)wishes to include in the assessments with this project. The revised resolution has the revised cost for the City, SPUC and the amount to be assessed. /74/4,, Bruce Loney Public Works Director BL/pmp REVISED RESOLUTION NO. 4514 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For St. Francis Regional Medical Center Sanitary Sewer And Trunk Watermain Project No. 1995-2 WHEREAS, a contract has been let for the improvement of St. Francis Regional Medical Center by installation of sanitary sewer and watermain and the contract price for such improvements is $268,607.00. The final contract price for such improvements is $269,020.10 and the expenses incurred or to be incurred in the making of such improvements amounts to $147,427.99,so that the total cost of the improvements will be$416,448.09. Of this cost the City of Shakopee will pay $123,510.24 as its share of the cost and the Shakopee Public Utilities Commission will pay$172,600.17 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $120,337.69. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 15th day of October, 1996, in the Council Chambers of City Hall at 7:20 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk II. C. 48 - CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for St. Francis Sanitary Sewer and Watermain, Project 1995-2 DATE: September 17, 1996 INTRODUCTION: Attached is Resolution No. 4514, declaring the cost to be assessed and ordering the preparation of proposed assessments for St. Francis Sanitary Sewer and Watermain, Project 1995-2. BACKGROUND: The City Council adopted Resolution No. 4122 on November 15, 1994, ordering the improvements for the St. Francis Regional Medical Center sanitary sewer extension. On December 6, 1994, the City Council adopted Resolution No. 4132, ordering the improvements for the St. Francis Regional Medical Center trunk watermain. On October 3, 1995,the City Council approved Resolution No. 4304, awarding a contract to Minger Construction,Inc. of Chanhassen,Minnesota for$268,607.00. Attached is Resolution No. 4514, which lists the total cost of the improvements, how these costs will be paid, and the total costs to be assessed. ALTERNATIVES: 1. Move to adopt Resolution No. 4514. 2. Deny Resolution No. 4514. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4514,A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for St. Francis Regional Medical Center Sanitary Sewer and Trunk Watermain,Project No. 1995-2 and move its adoption. • /6141"C. .- • I Bruce Loney ii Public Works Director • BL/pmp MEM4514 RESOLUTION NO. 4514 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For St. Francis Regional Medical Center Sanitary Sewer And Trunk Watermain Project No. 1995-2 WHEREAS, a contract has been let for the improvement of St. Francis Regional Medical Center by installation of sanitary sewer and watermain and the contract price for such improvements is $268,607.00. The final contract price for such improvements is $269,020.10 and the expenses incurred or to be incurred in the making of such improvements amounts to $141,447.19,so that the total cost of the improvements will be$410,467.29. Of this cost the City of Shakopee will pay $123,510.24 as its share of the cost and the Shakopee Public Utilities Commission will pay$172,600.17 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $114,356.88. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law,and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 15th day of October, 1996, in the Council Chambers of City Hall at 7:20 P.M.or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk LC. • CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for 17th Avenue and Sarazin Street for the Street and Storm Sewer Improvements and the Storm Sewer outlet for St. Francis Hospital Site,Project 1996-1 DATE: September 17, 1996 INTRODUCTION: Attached is Resolution No. 4515, declaring the cost to be assessed and ordering the preparation of proposed assessments for Sarazin Street and 17th Avenue, Project No. 1996-1. BACKGROUND: The City Council approved this project on December 5, 1995. The project was petitioned for by the developer of the St. Francis Regional Medical Campus(SFRMC). On April 16, 1996, the City Council approved Resolution No. 4425, awarding the contract to Northdale Construction,Inc. of Rogers, Minnesota for$572,900.01. The improvements have been completed and the total construction costs for the project are $560,003.48. Costs associated with administration, engineering and right-of-way costs for the project totaled $242,143.24. The attached resolution shows how these costs are being paid,and the total cost to be assessed. ALTERNATIVES: 1. Move to adopt Resolution No. 4515. 2. Deny Resolution No. 4515. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No.4515,A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue,Project No. 1996-1 and move its adoption. sx6 Jrirr Bruce Loney Public Works Director BL/pmp MEM4515 RESOLUTION NO. 4515 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For 17th Avenue, From County State Aid Highway 17 To Sarazin Street And Sarazin Street, From St. Francis Avenue To 17th Avenue Project No. 1996-1 WHEREAS, a contract has been let for the improvement of 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue and the original contract price for such improvements was $572,900.01 and the final contract price for such improvements is$560,003.48 and the expenses incurred or to be incurred in the making of such improvements amounts to $93,544.63 and the right-of-way cost incurred in making such improvements amounts to$148,598.61,so that the total cost of the improvements will be $802,146.72. Of this cost the City of Shakopee will pay $359,239.81 as its share of the cost, Shakopee Public Utilities Commission will pay$3,413.30 as its share of the cost and Scott County will pay$2,106.95 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $437,386.66. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot,piece or parcel of land within the district affected,without regard to cash valuation,as provided by law,and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 15th day of October, 1996, in the Council Chambers of City Hall at 7:15 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she child state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk / IC, A . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for County Sate Aid Highway 15 (Adams Street), from 13th Avenue to 6th Avenue,Project No. 1994-13 DATE: September 17, 1996 INTRODUCTION: Attached is Resolution No. 4516, declaring the cost to be assessed and ordering the preparation of proposed assessments for County State Highway 15 (Adams Street), from 13th Avenue to 6th Avenue,Project No. 1994-13. BACKGROUND: The City adopted Resolution No. 4013 on June 7, 1994, ordering the improvements on County State Aid Highway 15, and designating the Scott County Highway Engineer as the engineer for the project. The County contracted with S. M. Hentges & Sons for the project. The proposed assessment was estimated to be $12,858.38. The proposed City cost, not included in the assessment amount,was estimated to be$9,713.94. The improvements have been completed and the final cost determined. The total assessable amount has been determined to be $13,296.24. An additional $10,337.35 will be a cost to the City,not to be assessed. ALTERNATIVES: 1. Move to adopt Resolution No. 4516. 2. Deny Resolution No. 4516. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. FACTION REQUESTED: Offer Resolution No. 4516, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for County State Aid Highway 15 (Adams Street, from 13th Avenue to 6th Avenue, Project No. 1994-13 and move its adoption. A/W Bruce Loney Public Works Director BL/pmp MEM4516 RESOLUTION NO. 4516 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For County State Aid Highway 15 (Adams Street) From 13th Avenue to 6th Avenue Project No. 1994-13 WHEREAS,a contract has been let for the improvement of County State Aid Highway 15 (Adams Street), from 13th Avenue to 6th Avenue, by installation of curb and gutter under Cooperative Construction Agreement No. 15-9402 with Scott County and the contract price for such improvements is $20,615.28 and the expenses incurred or to be incurred in the making of such improvements amounts to $3,018.31, so that the total cost of the improvements will be $23,633.59. Of this cost the City of Shakopee will pay$10,337.35 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $13,296.24. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot,piece or parcel of land within the district affected,without regard to cash valuation,as provided by law,and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 15th day of October, 1996, in the Council Chambers of City Hall at 7:30 P.M.or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk 1/. jD et CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Photocopy Machine Replacement DATE: September 12, 1996 INTRODUCTION: The Council is asked to authorize staff to obtain proposals for a photocopy machine for City Hall. BACKGROUND: The 1997 Budget which has been given preliminary approval has included $ 17,000 for the acquisition of a photocopy machine to replace the"main" machine at City Hall. This is being requested to begin the process now, as the existing machine is failing on nearly a weekly basis. While it is under a maintenance contract of$3,000/annually, that could be canceled, reflecting a savings to the City. The existing machine will be used as a second machine here at City Hall; the current back-up would go to Parks&Recreation. There will be one machine which will be taken out of service from Parks as a result. The Police Department has provided for a new leased machine at their building; due to their copying volume, it may not make sense to "cycle down" one of the other machines. That decision can be made prior to the delivery of the new machine. BUDGET IMPACT: The 1997 Budget anticipated the purchase next year. However, due to the reduction of the number of positions in the City Administrator's budget, there would $20,000 remaining in personnel savings in that office alone in 1996. The City Council could decide whether it prefers to make the expenditure of$17,000 from this year's budget (thus necessitating a budget amendment), and either increase reserves by $17,000 for next year, or removing that amount from next year's budget prior to the final certification. RECOMMENDATION: We recommend that staff be given authority to seek proposals for the purchase of a photo copy machine. ACTION REQUIRED: If the Council concurs, it should, by motion, direct staff to solicit proposals for a replacement photocopy machine. ILLS_Uj Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE 11. x, b . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: School Board/City Council Joint Meeting DATE: September 12, 1996 INTRODUCTION: The Council is asked to give some guidance as to meeting dates for a joint City Council/School Board meeting. BACKGROUND: At a recent City Council meeting, Councilor DuBois reported the desire to have a joint meeting held between the City Council and the School Board of I.S.D. 720. I've been in contact with Superintendent Bob Ostland. He states that this is something that traditionally has been done once a year between the two groups, but no meetings have been held amongst the current members. He feels that issues regarding future building plans, moratoriums, and joint land development would certainly be items for discussion. The Superintendent suggests that the best time to meet with the School Board would be late afternoon, beginning at 5:00 or 5:30. He suggests that in the past, the Council and School Board have met prior to one of their other regularly scheduled meetings, so as to reduce the number of nights committed to meetings. He stated that the School Board meets the second and fourth Mondays of the month; the first Board meeting that would be available to meet would be October 14th, or possibly October 28th. He also said that meeting on a Tuesday before a City Council meeting would also be a possibility. If starting at 5:00, it might be appropriate to have a meal served, and work through the dinner hour. Council is asked to identify which date would work for a joint meeting. RECOMMENDATION: We recommend one of the following dates: October 14th or 28th(Mondays), or October 15th(Tuesday) as a meeting date. Time could be 5:00 or 5:30. ACTION REQUIRED: If the Council wishes to have a joint meeting with the School Board, it should indicate dates for which dates would be possible. Mark McNeill City Administrator MM:tw September 1996 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 7 City Hall Closed 7:00 PM City 6:00 PM Cable 7:30 PM Planning Council Commission Commission 8 9 10 11 12 13 14 4:00 PM Budget Primary Election 6:00 PM EDA Worksession 4:30 PM SPUC 7:00 PM City Council 15 16 17 18 19 20 21 7:00 PM City 7:00 PM City Council Council 22 23 24 25 26 27 28 7:00 PM Park& 6:00 PM EDA Recreation- Community Center 29 30 August October SMT WT F S SMT WT F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 '' 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 9/12/96 October 1996 Sunday Monday ...w.._... Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 September 7:00 PM City 6:00 PM Cable 7:30 PM Planning sMT W T F S "` Council Commission Commission 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 4:30 PM SPUC 6:00 PM EDA 13 14 15 16 17 18 19 7:00 PM City Council 20 21 22 23 24 25 26 6:00 PM EDA 27 28 29 30 31 7:00 PM Park& November Recreation- S MT WT F S Community 1 2 Center 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .` Printed by Calendar Creator Plus on 9/12/96 u, � < < . Q. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: National Conference - City Administrator DATE: September 16, 1996 INTRODUCTION: The Council is asked to approve the attendance of City Administrator Mark McNeill at the International Citiy/County Management Association National Conference, to be held October 5 - 9, 1996 in Washington D.C. BACKGROUND: Council was advised in August that I was registering for the above conference. However, in reviewing my employment agreement I was reminded that Council authorization in advance of attending such a national conference is necessary. Therefore, I am requesting the City Council's formal authorization to attend this conference. BUDGET IMPACT: The amount shown on the attached memorandum is accurate for estimation purposes ($1,674). The conference was budgeted; there exists in the conference/school/training, and travel line items in the Administrator's budget an amount sufficient (balance of$2,754 as of August 31st) to accommodate this. RECOMMENDATION: In order to comply with the City Administrator's employment agreement, Council authorization should be given to attend this national conference. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize City Administrator Mark McNeill to attend the National Conference of the International City Management Association to be held October 5- 9th, in Washington D.C. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeil, City Administrator SUBJECT: City Administrator-Conference Attendance DATE: August 27, 1996 This is to advise that I have registered for attendance at the International City Management Association Annual Conference which will be held October 6- 9th in Washington, D.C. ICMA is the one national conference that I will consider attending each year. It is a non Council week, therefore,I would not miss a meeting. Normally, I will try to advise you well in advance. I had to make reservations and travel plans sooner than I had anticipated, in order to take advantage of an airfare sale which ended August 26th. This expenditure was anticipated and is provided for in the line item of the City Administrator's budget. The estimated costs are as follows: Registration $530.00 Airfare $244.00 . Meals $100.00 Lodging $400.00 $1,674.00 lAS2-1tAt Mark McNeill City Administrator MM:tw 1\ 11) . A CITY OF SHAKOPEE Memorandum TO: Mayor and Council FROM: Mark McNeill, City Administrator SUBJ: ICMA Deferred Compensation Plan DATE: September 17, 1996 Introduction A resolution needs to be adopted to implement the International City/County Managers Association (ICMA) deferred compensation plan. Backcrround On August 20, 1996, Council authorized joining the ICMA deferred compensation plan (for the City Administrator) . A resolution by Council is needed to implement the plan. Accordingly, attached is Resolution No. 4521 to establish the plan. Action Offer Resolution No. 4521 A Resolution Establishing The International City Managers Association Retirement Corporation Deferred Compensation Plan, and move its adoption. IlMalhate Mark McNeill City Administrator RESOLUTION NO. 4521 A RESOLUTION ESTABLISHING THE INTERNATIONAL CITY MANAGERS ASSOCIATION RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN WHEREAS, the City of Shakopee has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Shakopee by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Shakopee has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the Employer desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the City of Shakopee hereby adopts or has previously adopted the deferred compensation plan(the"Plan") in the form of: The ICMA Retirement Corporation Deferred Compensation Plan, referred to as Appendix A. BE IT FURTHER RESOLVED that the City of Shakopee hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Shakopee, if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the City Administrator shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City of Shakopee, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. 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 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Lapel Mics DATE: September 16, 1996 Bill Anderson and Larry Moonen of the Cable Access Corporation are working on the acquisition of lapel mics for use in the City Council Chambers. Bill tells me that they are"starting from scratch" and want to be certain that what is recommended is going to meet our needs. Thanks for your patience during this time - please relay to any viewer commenting that the situation is being worked on. )L,e \NUAit:ait Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Memorial Park Easement DATE: September 17, 1996 The process of selling an easement in the northern part of Memorial Park to the Scott Soil and Water Conservation District and to the Federal Government (Fish and Wildlife) is slowly moving forward. Title examination is underway. The process should take around six months. Per Council direction, another meeting was held with the involved parties and Rahr Malting with the result that there is no beneficial role for Rahr in this project at this time. The City has received a form from the US Department of Agriculture to execute and return signifying the intent to continue with the application for the easement. This is not a final commitment to grant the easement . Based on prior Council action, staff will proceed with the process and execute the form unless Council gives different direction at the Council meeting of September 17, 1996 . /k) Gregg Voxland Finance Director