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08/16/1994
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: August 12 , 1994 1 . The Shakopee Ducks Unlimited have applied for a raffle license from the Gambling control Board for their annual banquet on September 13, 1994 . They are in compliance with the city code requirements . 2 . Attached is the Planning Commission agenda for August 11, 1994 . 3 . Attached is correspondence from Paragon Cable regarding the change of control to KBLCOM Inc . 4 . Attached is correspondence from the Parks and Recreation Supervisor to Recreation Services regarding the withdrawal of the grant application for the 1994-95 Cooperative Trail Grant . 5 . Attached is the Building Activity Report for July. 6 . Attached are the June 6th and July 6th minutes of the Shakopee Public Utilities Commission. 7 . Attached is the Police Newsletter for Council review. 8 . Attached is the monthly report from the Enn1neering Department . 9 . Attached is a memorandum from the Public Works Director regarding 7th Avenue and Dakota Street . 10 . Attached is correspondence from the Public Works Director to S.M. Hentges and Sons regarding the 1993 Reconstruction Project #1993-7 . 11 . Attached are the Revenue and Expenditure Reports as of 7/31/94 . 12 . Attached is the monthly report from the Assistant City Administrator/Community Services Director. 13 . Attached is a memorandum from the Assistant City Administrator regarding future C.O.W. meetings . 14 . Attached is correspondence from Paragon Cable updating the City on the progress in making the transition of operation. 15 . Attached are the Board of Adjustment and Planning Commission minutes for August 4 , 1994 . 16 . Attached is the monthly progress report from the Planning Department . 17 . Attached is correspondence from the Planning Clerk Typist II regarding the reclassification of that position. 18 . Attached is a memorandum from the City Attorney regarding B&B Pawn v. City. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN August 11, 1994 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Recognition by Planning Commission of Interested Citizens. 4 . 7 : 30 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to construct a 130' tall storage structure to be located on top of existing storage silos in a district with a maximum height requirement of 45' , at 800 W. 1st Ave. Applicant: Rahr Malting Company Action: Resolution No. 694 5 . DISCUSSION: 1994 Comprehensive Plan Land Use Strategies 6. DISCUSSION: Highway Commercial Development Standards (Verbal) 7 . Other Business A. B. 8 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. r fko PARAGON CABLE MINNESOTA August 1, 1994 The Honorable Gary Laurent Mayor City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Dear Mayor Laurent : resulting in This letter is to notifyyou that the transaction the change of control of Amzak Cable, Midwest, Inc . ( "ACM" ) , as more fully detailed in the stock purchase agreement filed with the City of Shakopee ( "City" ) on March 31, 1994, closed on July 31, 1994 . KBLCOM Incorporated ( "KBLCOM" ) is now the 1000 owner of ACM, the Franchisee of the City' s Cable Television Franchise Ordinance ( "Franchise" . ) As KBLCOM agreed in its March 31, 1994 letter informing the City of the proposed change of control, KBLCOM hereby agrees to accept all lawful terms and conditions of the City' s Franchise . We are looking forward to serving your community. KBLCOM Incorporated • // B` LJ.� John R. Bickham Executive Vice President Group Operations SUBSCRIBED and sworn to before me this �` day of alta , 1994 . / Notary Publ • JEAN W.STANGER I NOTARY PUBUC MINNESOTA' FeilEPIN COUNTY My Comm Warn 24,UNISwww~rommmnowwwwwww. 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company PARAGON CABLE MINNESOT A August 2, 1994 Mayor Gary Laurent 123 E. First Ave. Shakopee, MN 55379 Dear Gary: KBLCOM, parent company of Paragon Cable Minnesota, is pleased to announce that it has finalized its acquisition of Nortel Cable Associates, L.P. ("Nortel Cable TV") and its related properties, including Amzak Cable Midwest, Inc. and Minnesota Cable Properties (MCP), Inc. This acquisition reflects KBLCOM and Paragon Cable's commitment to the Twin Cities marketplace and to providing quality service and premier entertainment value for our customers. A copy of the news release on finalizing the acquisition is attached for your files. In summary, upon completion of the sale, all Nortel Cable assets have been transferred to Paragon Cable. In addition, Paragon Cable has assumed responsibility for all Nortel/Amzak/MCP operations. Short-term, the change in ownership will cause no disruption or changes in rates, service, or channel line-ups for Nortel/Amzak/MCP customers. For customer service issues, please contact your local office as you always have until further notice. As you know, KBLCOM through Paragon Cable currently serves the communities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka and Richfield. The Nortel Cable system adds the suburban communities of Bloomington, Carver, Chaska, Fridley, Jordan, Madelia, Montrose, New Prague, New Ulm, Shakopee, St. Louis Park and Waverly, in addition to the townships of Helena, Jackson, Laketown, Lanesburgh, Louisville and Madelia in south central Minnesota. If you have any questions about the Nortel acquisition, please free to contact us through the main switchboard at 522-5200 ( or if your phone system can access our new 287 prefix, you can reach Kim directly at 287-3652 or Wayne at 287-3688). You may also contact Mark Hammerstrom at 571-6206. Bvst Regards, ii1.4.- V.-4~Z e....4%.1%...... d101.9 ":"9 - - Wayne Knighton KilyeRoden Executive Vice President& General Manager Director of Public Affairs encl 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company f PARAGON C ABLE News Release For Immediate Release Contact: Kim Roden Director of Public Affairs Paragon Cable 612-287-3652 or 612-522-5200 PARAGON CABLE ACQUISITION OF NORTEL CABLE IS OFFICIAL Paragon Cable Now the Largest Cable System in Minnesota MINNEAPOLIS, Aug. 1 —KBLCOM, the parent company of Paragon Cable Minnesota, today announced its acquisition of Nortel Cable TV and its related properties is now complete. Paragon has been obtaining municipal approvals from its new service communities since March to finalize this transaction. The acquisition of Nortel Cable and its related properties makes Paragon the largest cable provider in Minnesota. The acquired cable systems currently provide cable service to more than 48,000 customers in the Twin Cities metro area and south central Minnesota. "We are excited that the transaction has been completed," said Wayne Knighton, vice president and general manager of Paragon Cable Minnesota. "We look forward to extending Paragon's service and quality to customers in our new communities." Under the agreement, Paragon Cable acquired Nortel Cable Associates, Amzak Cable Midwest and Minnesota Cable Properties (MCP). The change in ownership will cause no disruption of service to Nortel, Amzak and MCP customers. "Current Nortel/Amzak/MCP customers should continue using the same telephone numbers for service as they always have," said Knighton. Paragon Cable will now provide cable service to the communities of Bloomington, Fridley and St. Louis Park, MN, previously served by Nortel Cable TV. Paragon will also serve the communities of Carver, Chaska, Jordan, Madelia, Montrose, New Prague, New Ulm, Shakopee and Waverly, in addition to the townships of Jackson, Laketown, Lanesburgh, Louisville, Helena, and Madelia, MN—which were previously served by Amzak Cable and MCP. -more- 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company I PARAGON ACQUISITION.../2 The acquisition brings Paragon Cable's subscriber base to 167,037 from 119,028 and number of homes passed to 357,452 from 268,577. Paragon Cable currently provides cable information and entertainment services to more than 167,000 customers in the Twin Cities area and employs more than 300 people. Paragon Cable is headquartered in Minneapolis and serves 18 cities and six townships in Minnesota. ### 1994 SHAKOFEE July 28 , 1994 Dan Collins , Supervisor Recreation Services Trail Recreation Section Trails and Waterways Unit 500 Lafayette Road St . Paul, MN 55155-4052 Dear Dan: The City of Shakopee is withdrawing its application for the 1994-95 Cooperative Trail Grant for the Extension of the Minnesota Valley Trail to the City of Shakopee' s Upper Valley Trail Project . We have encountered several unexpected delays in the project which would prevent us from completing the project before the June 30, 1995 deadline . As I indicated to you on Monday, County Road #16 is slated be upgraded next year which will affect a portion of the trail . Also, the portion of the trail that will traverse through a new housing development (Prairie Bend Estates) may not be completed in time . There had been problems with the approval of the developer' s plat which has caused a delay in the start of the Development. So, in fairness to the trail grant program and the communities who could use the money now, we will wait and re-apply next year. I appreciate all of the assistance you have provided to us during this process . I truely believe this project will become a reality in the near future. Sincerely, �1 Mark McQuillan, Parks and Recreation Supervisor Co\I\1L\li,. �'':,. `! SIE H-- CITY OF-::':SHAKOPEE BUILDING ACTIVITY:'REPORT :JULY 1.994 July 1994 July 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 13 95 8, 609, 683 17 87 7, 305,772 Single Family-Septic - 14 2,827, 889 3 16 1, 888, 548 Multiple Dwellings - 4 1,193, 504 2 13 2 , 093 , 322 (# Units) (YTD Units) (-) (16) - (8) (34) - Dwelling Additions 16 98 384, 321 11 57 284 , 301 Other - 12 831,828 - 9 31,731 New Comm. Bldgs 1 10 1,317,716 - 3 8 , 635, 000 Comm. Bldg. Addns. - 2 250, 000 - 3 159,750 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - 1 600, 000 - 1 2 , 549, 300 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 4 23 200, 681 2 22 384, 970 Signs & Fences 4 70 96,979 10 60 91, 601 Fireplaces/Wood Stoves - 6 12,863 2 4 8,700 Grading/Foundation - 11 579, 070 1 3 11,500 Moving - 3 - - - - Razing - 3 11,150 - 7 73,813 Remodeling (Res. ) 3 28 149, 483 3 17 91,273 Remodeling (Comm/Ind. ) 2 25 2,212,319 4 35 2 , 375,108 TOTAL 43 405 19,277,486 55 337 25, 984, 689 No. YTD. No. YTD. Electrical 66 329 54 359 Plumbing & Heating 69 441 61 391 Total dwelling units in City after completion of all construction permitted to date 5, 131 r CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1994 10727 Davia2:tthtaitit71777 1645 Dalles Drive House 142,313 L 7 B 1, Parkview 1st 10728 Jesse Kahnke 2224 Valley View Road Pole Building 38,000 10729 Don Briesemeister- 972 So. Market Garage 9,984 10730 Rich Logeais 1587 Thistle Lane House 81,496 L 7 B 3, Meadows 9th 10731 John Shorba 1548 Roundhouse Circle Deck 1,862 10732 William Drchan 1512 Roundhouse Circle Deck 840 10733 Novak Fleck 1688 Thistle Lane House 71,047 L 7 B 2, Meadows 9th 10734 Novak Fleck 1611 Primrose Lane House 79,568 L 2 -B 4, Meadows 9th 10735 Novak Fleck 1737 Thistle Lane House 81,866 L 1B 3, Meadows 9th 10736 Joseph Klehr Const. 1444 Monarch Street House 124,562 L 4 B 3, Homestead Ridge 1st 10737 Robert Bullock - 604 East -8th Avenue Fence 300 10738 King Homes 1555 Dalles Drive House 96,721 L 3 B 1, Parkview 1st 10739 Robert Mulvehill 793 Lupine Court Deck 2,352 10740 Richard McGovern 750 Shumway Street Deck 1,134 10741 Goodwin Builders 1494 Monarch Street House 114,521 L 7 B 3, Homestead Ridge 1st 10742 Deutsch Construction 1214 Pioneer Court House 107,927 L 8 B 2, Prairie Estates 3rd 10743 Thomas Lynch 1223 Dakota Street Deck/Fence 2,688 10744 Char Busch 1373 Sage Lane Deck 2,500 10745 March Esch 954/946 Ramsey Street Windows 800 10746 Greg Muelken 2165 Heritage Drive Deck 1,568 10747 Scott Mauer 1295 Sage Lane Remodel 5,989 10748 Novak Fleck 1588 Thistle Lane House 88,286 L 9 B 1, Meadows 9th 107497Greater Mpls.Dev. 3253 Marschall Road Deck 1,078 10750 Richard Sames 1501 E. Shakopee Avenue Porch 20,000 10751 Michelle LaCourse 714 East 1st Avenue Sign 100 10752 Thomas Odenthal 618 East 4thrAvenue Fence 1,000 10753 Ken Hennes 1104 So. Legion Deck 2,268 10754 Dennis Krampotich 979 Goldenrod Lane Porch 2,520 10755 Deutsch Construction 1565 Monarch Street House 106,786 L 7 B 2, Homestead Ridge 1st 10756 Michael Gregor 318 West 7th Avenue Garage 9,984 10757 Novak Fleck 1488 Thistle Lane House 83,244 L 5 B 1, Meadows 9th 10758 Novak Fleck 1697 Thistle Lane House 70,343 L 3 B 3, Meadows 9th 10759 Greystone Const. 200 E. 10th Avenue Concession Stand 32,000 10760 David Hamilton 1474 Roundhouse Circle Deck 1,344 10761 Dale Straw 1195 Prairie Lane Deck 1,176 10762 Elite Roofing 4108 Valley Ind. Blvd. No. Roof Repairs 2,800 10763 Olson Company 3253 East 4th Avenue Sign 423 10764 Richard Lockert 1067 Eastview Circle Deck 2,500 10765 Hauenstein & Burmeister 8000 Hwy 101 Remodel 260,000 10766 Jim Pass 1144 Polk Street Deck 1,568 10767 Bob Waker 407 So. Lewis Street Reroof 2,142 10768 Doug Loebertmann 1427 Prairie Lane Deck 1,610 10769 James George 1430 West 10th Avenue Storage Shed 2,000 Total: $1,661,210 r i I � MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on July 6, 1994 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Administrative Assistant Joe Adams, Manager Van Hout and Secretary Menden. BILLS READ: City of Shakopee 33,000 . 00 ARA/Cory Refreshment 78 . 00 A T & T 127 . 95 Joseph Adams 37 . 70 Auto Central Supply 10 . 30 Bauer Built Tire and Battery 45 . 68 Ben Meadows Company, Inc . 48. 08 Border States Industries, inc . 21 ,271 . 36 Burmeister Electric Co. 7 , 518. 90 Business Essentials, Inc . 156. 22 CAP Agency 105 . 77 CeDe Company 113 ,081 . 25 City of Shakopee 2,766 .90 City of Shakopee 329 . 49 Clay' s Printing Service 139 . 20 Communications Auditors 32. 67 Cooperative power Co. 39,251 . 14 Coordinated Business Systems Ltd 245 . 43 Copy Equipment, Inc. • 111 . 87 Cut-Rite Forest Products 85 . 20 DCA, Inc. 150 . 00 Dalum' s Utility Equipment Co. , Inc. 45 . 00 Dan' s Champion Auto 190 . 45 Davies Water Equipment Co. 2 ,609 . 25 Sherry Debehnke 5 . 25 Ditch Witch of Minnesota, Inc. 54,070. 05 E J Brooks Company 343 . 78 Feed-rite Controls . , Inc . 1 ,284. 11 Glenwood Inglewood 27 . 41 Gopher State One-Call, Inc. 820. 14 Graybar Electric Co. , Inc . 2,668. 86 Hance Cable Testing and Locating, Inc . 467 . 37 Nancy Hartman 60 . 66 Hercules Industries , Inc . 223 . 14 Jerry' s Lawn Service 934 . 00 Howard Johnson Motel 62 . 56 Killmer Electric Co. , Inc . 16, 941 . 00 Leef Bros . , Inc . ' 12 . 83 Ray LeMieux 109. 04 Midwest Engine Service and Supply 34. 34 Minnesota Conway 220 . 77 Minnesota Dept . of Agriculture 3 ,120 . 00 Minnesota Dept . of Health 4,712 . 00 Minnesota Valley Electric Coop 39,355 . 75 Minnesota Valley Electric Coop 507 . 63 Minnesota Valley Testing Labs, Inc. 522 . 00 Northern States Power Co. 545,777 . 56 Northern States Power Co. 1 ,439 . 25 Northern States Power Co. 332. 32 Parkside Printing, Inc. 156. 07 Petersen-Wisdorf, Inc . 11,498. 45 RESCO 20,413 . 92 Reynolds Welding Supply Co. 9 . 09 Ribbon Recyclers, Inc . 88. 40 Schilz Ornamental Iron 100 .00 Schoen. and Madson, Inc. 1,846 .86 Shakopee Public Utilities Commission 61 . 60 Solomon Corporation 1 ,715 . 00 Specialty Technical Publishers, Inc . 291 . 75 = Starks Cleaning Services 72 . 42 Dean Struck 151 . 09 T & R Service 677 . 00 Treasurer, United States of America 5 ,950. 00 Tri-State Drilling, Inc. 2, 500 . 00 U.S. West Communications 369. 37 Lou Van Hout 2,816.03 Voss Lighting 739. 19 Waste Management-Savage 87 . 30 WaterPro 3 ,035 . 25 WESCO 3 ,796 . 73 Yarusso' s Hardware Co. 64. 71 Motion by O'Toole, seconded by Vierling that the bills be allowed and ordered paid. Motion carried. A request by Greg Voxiand, City Treasurer to give the Commission the investment report requested on a monthly basis as opposed to quarterly was given to the Commission. This is not a problem with the Commission. Manager Van Hout suggested the Commission check with Jim Streefland, Commission Auditor, on the arbitrage issue. Commissioner Cook inquired about the Junior High Tennis Court lights being repaired. Manager Van Hout advised that the Public Works Dept . had been notified. Liaison Sweeney gave the liaison report . The City has passed an annexation agreement of part of Jackson Township. A June 30, 1994 report by Art Young on the Nitrate testing for Wells #4 and 5 was given to the Commission. The Commission is pleased with the test results but would like to continue testing daily for another month. A follow up of the Milwaukee Manor trunk water charge was given to the Commission. A review was done on the issue by Joe Adams. Motion by Vierling, seconded by O'Toole that the Trunk Water Charge follow procedures as outlined in the June 30 , 1994 memo from Joe Adams regarding the Milwaukee Manor Trunk Water Charge. Motion carried. An update on the tank site for Co. Rd. 16 and 18 was given to the Commission by Manager Van Hout . The tentative schedule for the St . Francis Hospital water and bypass crossing is to have the feasibility study on the sewer and water done for a July 15, 1994 meeting with a site selection by August 1 , 1994 . The bids for the Downtown streetscape project came back substantially higher than anticipated. The City Council will decide at their next meeting whether to rebid or accept the low bid from Hardrives. The Shakopee Public Utilities Commission would like to see the project rebid but will accept the Council ' s decision. The schedule for the downtown alleys was given to the Commission by Manager Van Hout in a communication from Dave Hutton. The bids for the SPUC/Public Works parking lot were given to the Commission along with the timetable for accepting the bid or rebidding the project . This item was to go to both boards at their next meetings . Updates on the Substation siting were discussed in length by the Commission and concerned members in the audience. Mr. John Green from Beckrich Park Estates was present, along with Elmer Marschall and Harry Marschall . A public meeting where all sites can be reviewed is being set up for July 7 , 1994 from 7 :00 to 8: 30 P.M. Staff has used the criteria the City uses to notify for Public Hearings to notify citizens of the meeting. A correspondence from Barry Stock, Assistant City Administrator regarding an easement request from US West was received. The Shakopee Public Utilities Commission consensus was no objection. The second addition of the Utilities newsletter will be sent out in early August , 1994 . The capital improvement plan for 1994 along with a summary cash flow statement was given to the Commission by Manager Van Hout . Motion by Vierling, seconded by O'Toole to approve the 1994 Capital Improvement Plan and remaining years Capital Improvement Plan in concept . Motion carried. Motion by Vierling, seconded by O'Toole to approve the Administration an Facilities in Common items 1-12 Section A and to approve facilitating work on #13 subsection A-G. Motion carried. The need for a SCADA system was discussed. The Manager will examine cost sharing with MMPA but the intent is to have a SCADA system up by 1995. • Motion by O'Toole, seconded by Vierling to approve of the consent and final order with the Environmental Protection Agency. Motion carried. A recap of the summer Minnesota Municipal Utilities Association meeting was given by all the Commissioners. Motion by O'Toole, seconded by Vierling to offer Resolution #424 a Resolution for a Release of Agreement to Complete Water System. Ayes: Commissioner O'Toole, Vierling and Cook. Hayes: none. Resolution passed. Motion carried. The commission authorized the Manager and Line Superintendent to advertise for an apprentice lineman. The Shakopee Utilities manager will work with the City of Shakopee about Murphy' s Landing on advising them of what needs to be done with the Transformer and Building it is housed in along with a cost estimate. • The next regular meeting of the Shakopee Public Utilities Commission will be held on August 1 , 1994 in the Utilities meeting room at 4: 30 P.M. There were no new plats for June, 1994 . i Secretary Menden reported a lost time accident involving a meter reader for 1 1/2 days . Motion by O'Toole, seconded by Vierling to adjourn to July 7 , 1994 at 7 : 00 P.M. in the Utilities meeting room. Motion carried. hA (4/Vi,C61`\-) Barbara Mende , Commission Secretary 0 .. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on June 6,1994 at 4: 30 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Joe Adams, Manager Van Hout and Secretary Menden. Motion by Vierling, seconded by O'Toole that the minutes of the May 2, 1994 regular meeting and the May 16, 1994 adjourned regular meeting be approved as kept . Motion carried. BILLS READ: City of Shakopee 33,000. 00 City of Shakopee 268,827 .00 Wx 4 APPA 35.00 ARA/Cory Refreshment Services, Inc. 104. 00 Barton ' Sand and Gravel Co. 150. 00 R.W. Beck and Associates 335 .08 Bentz Construction Inc. 1,380.00 Bills Toggery, Inc . 189 . 97 Border States Industries, Inc. 49,982.84 Business Essentials, Inc. 296 . 35 C H Carpenter Lumber 43 .86 Canterbury Downs • 3 ,596. 00 City of'' Shakopee 824. 52 _ City of Shakopee 14,685. 47 Communication Auditors 155 . 53 Cooperative Power 32,480. 10 Cooper Power Systems 17,210.00 Cy's Amoco 14 . 95 DCA, Inc. 150 . 00 Feed-Rite Controls, Inc. 1,951 .87 Four Seasons Motel 125 . 69 G Neil Companies 41 . 45 Glenwood Inglewood 32. 00 Gopher State One-Call , Inc . 579. 39 Graybar Electric Co. , Inc. 1, 957 . 38 Hance Cable Testing and Locating, Inc. 251 . 00 Hennen's ICO 554. 18 High Voltage Testing laboratory 239 . 11 Jaspers, Streefland and Co. 9,800 . 00 Jerry' s Lawn Service 1 ,868. 00 Leef Bros. , Inc . 25 . 93 Tom Lief 372 .80 Ray LeMieux ' 74. 53 Locator and Monitor Sales 92 .16 Logical Dev. Corp. 74 . 72 Midwest Engine 40 .00 Minnesota Board of Aelsaid 70 .00 Minnesota Dept . of Public Service 91 . 77 Minnesota Environmental Quality Board 240. 51 Minnesota Municipal Utilities Association 860 . 00 Minnesota Plumbing and Heating, Inc. 565 . 68 Minnesota Valley Testing laboratories 411 .00 Motor Parts Service Co. , Inc. 46 . 86 Municilite Co. 319.82 Northern States Power Co. 423 ,986.06 Northern States Power Co. 332 . 32 Northern States Power Co. 1 , 544 . 37 Petersen-Wisdorf, Inc . 709. 53 Pitney Bowes, Inc. 1 , 342 . 59 Reynolds Welding Supply Co. 4 . 47 Ries Electric 7 . 91 St . Francis Medical Facility 5 ,754. 00 Kent Sanders 149 . 60 Schoell and Madson, Inc . 215. 18 Scott County Sheriff 629 . 35 Shakopee Postmaster 5,000 . 00 Shakopee Public Utilities Commission 159.87 Southwest Suburban Publishing 590 . 95 Southwest Suburban Publishing 43 . 75 Starks Cleaning Services 72 .42 Stemmer Farm and Garden Supply, Inc. 92. 66 Dean Struck 151 . 96 Susan Krug Friedman Reports 28. 95 T & R Service 153 .00 Total Tool 180 .86 x U.S. West Communications 373 . 67 Lou Van Hout 92 . 61 Van Paper Company 155 . 70 Voss Lighting 63 . 26 Waste Management 97 . 94 Wesco 11 , 586. 56 Wild Iris 34 .08 Woodhill Business Products 1,627 .80 Yarusso' s Hardware 164. 62 Motion by O'Toole, seconded by Vierling that the bills be allowed and ordered paid. Motion carried. Councilman Sweeney gave the Liaison report . An update on the annexation of Jackson Township was given. LeRoy Menke was present to discuss the trunk water charges for Milwaukee Manor. The inspection procedures and charges were discussed. Joe Adams will look into how much of the parcel is included in the oversizing charges . Manager Van Hout gave a transmittal letter on the St . Francis Hospital site in regard to their water and what route would be most preferred. A site on the Northeast corner of the Hospital site would be most advantageous for our well. A discussion followed. Commissioner Cook advised Manager Van Hout to inform the Hospital staff that the feasibility study can only go forward after the site for the well has been designated. A June 3rd communication from Arthur Young regarding the blending of wells #4 & 5 and test results from those wells was given to the Commission. The commission liked the results of the blended wells and advised to continue testing for at least another month. The Commission discussed contacting a tf hydrologist for consultation. The capital improvement plan was presented. A review of the capital improvement was done by Ken Adolf, Schoell and Madson with some suggestions and comments. A communication from Greg Voxland regarding the Storm Drainage billing for the City of Shakopee was given to the Commission. Costs involved with billing the storm drainage were discussed. Motion by Vierling, seconded by O'Toole that the Shakopee , ., Public Utilities preform the storm drainage billing subject to the agreements between City staff and Utility staff factoring in the t costs involved for SPUC office staff and computer needs . Motion carried. A position for a temporary water inspector/laborer is needed for the summer months . Motion by O'Toole, seconded by Vierling to open up a job description for up to two people for a temporary water inspector/laborer. Motion carried. c`- The final draft of Manager Van Hout ' s employment contract was given to the Commission. Motion by O'Toole, seconded by Vierling that the 1993 performance compensation be set at $2, 500. 00. Motion carried. Manager Van Hout will be purchasing the 1993 Chevrolet Lumina for a depreciated value from the Shakopee Utilities . • Motion by O'Toole, seconded by Vierling to offer Resolution #422 A Resolution Affixing a Memorandum of Understanding. Ayes: Commissioners O'Toole, Vierling and Cook. Nayes : none. Resolution passed. Motion carried. Motion by O'Toole, seconded by Vierling to offer Resolution #423 A Resolution Regulating Salary and Contract Terms. Ayes: Commissioners Vierling, O'Toole and Cook. Nayes: none. Resolution passed. Motion carried. Manager Van Hout reported that Kent Sanders has been promoted to crew foreman. Motion by O'Toole, seconded by Vierling to authorize the Utilities Manager to go for bids on Engineering the Co Rd 18 project . Motion carried. Motion by Vierling, seconded by O'Toole to advertise for up to two linemen. Motion carried. There were three fire calls for a total of two hours and 5 minutes labor for the months of April and May, 1994. There were no lost time accidents for May, 1994. The next regular meeting of the Shakopee Public Utilities Commission will be held on Wednesday, July 6 due to the fourth of July Holiday. Motion by O'Toole, seconded by Vierling that the meeting be adjourned. Motion carried. L\_),--)G�t, (AAO Barbara Menden, ommission Secretary CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR JULY, 1994 Respectfully Submitted David E. Hutton, P.E. Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I-Projects Under Construction 1. Minibypass 5/93 7/1/94 95% Mn/DOT Project 2. Upper Valley Drainage 9/93 7/29/94 85% See Narrative Section 3. 1993 Street Reconsturction 8/93 8/1/94 95% See Narrative Section 4. Rahr Service Line 5/94 10/94 0% See Narrative Section 5. Pierce Street 6/94 7/94 0% See Narrative Section 6. Underground Tank Removal 5/94 6/94 100% See Narrative Section 7. 1994 Sidewalk Program 7/94 9/94 0% See Narrative Section 8. Public Works Parking Lot 7/94 10/94 25% 9. Parking Lot(Pelham) 7/94 10/94 0% Will Bid With Downtown Streetscape 10. Downtown Streetscape Il 7/94 10/94 0% See Narrative Section 11. Alley-Block 48 7/94 10/94 0% Will Bid With Downtown Streetscape 12. 11th Ave.Storm Laterals 6/94 9/94 50% See Narrative Section 13. Vierling Drive,Adams St. 7/94 9/94 0% Bid Opening In July to Presidential Lane 14. Pavement Preservation 8/94 10/94 0% Bid Awarded In July Category II-Projects in Design 1. Downtown Alleys 6/93 Done 100% See Narrative Section 2. Tahpah Parking Lot 10/93 Done 100% 3. Fuller Street 7/94 9/94 0% See Narrative Section 4. Viking Steel Road Et.Al. 7/94 9/94 20% 5. County Road 16 Utilities 7/94 11/94 30% 6. Alley in Block 51 8/94 9/94 0% See Narrative Section Category III-Projects Under Study 1. St. Francis Sewer/Water 7/93 8/94 75% Waiting on Watermain Input from SPUC 2. C.S.A.H. 18 Connection 11/93 7/94 10% See Narrative Section 3. Murphy's Landing Sewer/Water 3/94 7/94 100% See Narrative Section 4. Maras Street 6/94 10/94 0% See Narrative Section Category IV - Private Subdivision Construction 1. Meadows 8th 5/93 8/94 95% 2. Maple Trails 6/93 9/94 25% Portions Have Gravel Base 3. Dominion Hills 6/93 9/94 25% Rough Grading Completed 4. Stonebrooke 2nd Unknown Unknown 0% j PROJECT START COMPLETE STATUS COMMENTS Category IV - Private Subdivision Construction(Cont.) 1. Meadows 9th 10/93 9/94 80% Asphalt Base Is Completed 2. Westridge Bay 2nd 10/93 9/94 80% 3. Homestead Ridge 5/93 9/94 80% Asphalt Base And Curb Completed Category V - Special Projects 1. In-House Engineering Concept 4/94 9/94 20% Will Prepare with 1995 Budget 2. Prior Lake Outlet Channel 2/93 8/94 0% 3. Comprehensive Sanitary Sewer Plan 1992 7/94 100% Draft Plan Completed 4. Comprehensive Stormwater 2/93 7/94 95% Draft Plan Completed Management Plan 5. Pavement Management System 6/94 9/94 100% See Narrative Section RFP's Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 2. Upper Valley Drainage Project- Phase II and Shakopee Bypass Drainage Facilities The mainline ditch is approximately 90% complete. The Contractor is placing topsoil and seeding. Work in the Tahpah Park area is about 95% complete. Excavation has begun for the Lions Park Pond and is 75% complete. Restoration work has also begun on areas where only storm sewer pipe was installed. Bike trail construction is completed from County Road 17 to County Road 79. 3. Street Reconstruction Projects(Spencer Street,8th Avenue,4th Avenue,Naumkeag Street, Fillmore Street and Atwood Street) Basically, all work has been completed on this project except for the final wear course on four blocks of 8th Avenue. 4. Rahr Service Line Due to the recent explosion at Rahr Malting, the Contractor has requested and received a time extension prior to starting this project. It is expected that the Contractor will begin on this project shortly. 5. Pierce Street Public Works crews will remove the existing pavement and regrade the new alley. A City contractor will install the new curb & gutter and pavement. This work should be done in conjunction with an existing contract, so the exact timing for this work is not set at this time. 6. Underground Storage Tank Project This project has been completed. During the tank removal process, some contaminated soils were found. These soils were contaminated probably from spillage or over filling rather than a leak in the tank. The amount of contaminated soil is very small. The Contractor has retained an environmental engineer to test the soils and work with the City and MPCA for proper disposal. The MPCA has been notified as well as LMCIT. 3 This problem will qualify for Petrofund monies for clean-up. The Contractor is no longer responsible for providing services related to the clean-up of the soils. 7. 1994 Sidewalk Program This project consists of a) Sidewalk Replacement Program; b) Marschall Road sidewalk, 4th Avenue to 10th Avenue; c) 10th Avenue sidewalk, Tyler Street to Shakopee Town Square Mall; and d) 1st Avenue sidewalk, Shakopee Chevrolet to the T.H. 101 Bridge. The bids have been awarded on this project. 10. Downtown Streetscape The Downtown Streetscape plans are completed and a bid opening was held on June 23, 1994. The bids on this project were awarded by Council in July. The Contractor will start the week of August 8th and is expected to be finished with the entire project by October 1, 1994. Staff has obtained a Mn/DOT permit to work in their right-of-way while the turnback process is proceeding. 12. 11th Avenue Storm Sewer Laterals Construction has started on this project. All storm sewer pipe has been installed on this project. The Contractor will start grading the road in preparation of paving. 13. Vierling Drive The Council has delayed the bid award on this project until after the August 16, 1994 public hearing on the sewer and water portion of the project. Category No. 2 - Projects in Design 1. Downtown Alleys On April 19, 1994 the City Council rejected the lone bid received on this project and directed staff to re-schedule a public hearing on this project. The public hearing will probably be held in late summer, early fall. 3. Fuller Street This project will be a joint City/County project. The County has designed Apgar Street and has asked the City to design the Fuller Street realignment of County Road 77. The Council has directed staff to obtain a proposal from one of the 4 City's design consultants for preparing the plans. A cost participation agreement will be prepared between the City and County to cover all costs. Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities. The watermain information is being completed by Shakopee Public Utilities Commission's consultant and there have been delays in completing this portion due to negotiations with St. Francis on the final location of a booster pump. It is expected that the watermain portion will be completed in August so that the final report can be prepared. 2. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project in 1994. 3. Murphy's Landing This report will be submitted to Council in August. 4. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Category 5 - Special Projects 1. Total In-House Engineering Concept During the 1994 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i.e. no consultants, staff equipment and furnishings needed). Staff has not prepared this report yet. This report will be prepared for the 1995 budget discussions. 5 2. Improvements to the Prior Lake Outlet Channel Staff met with the PLSL Watershed District in February to discuss the schedule for completing this project and resolving all drainage issues. The Watershed District has not submitted any proposed improvements to this channel, but they have directed their consultant to prepare a study on this. It is anticipated that staff will be working with their consultant to resolve all issues and staff will be bringing this item back to Council. (No change in status since last report). 3. Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. Staff has submitted the final report to all agencies in July. This will be considered by the Planning Commission in September, as a Comprehensive Plan amendment. 4. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report is completed. Staff submitted the final report to all agencies in July. 5. Pavement Management System The 1994 budget contains $25,000.00 to purchase a Pavement Management System. Staff has prepared RFP's to solicit bids on this program and will be sending them out shortly. 6 4 el MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: 7th Avenue and Dakota Street DATE: August 9, 1994 NON AGENDA INFORMATIONAL ITEM: Staff had previously done a traffic sign warrant study for this intersection and based on the results of that study recommended installing stop signs on Dakota Street, but not on 7th Avenue. This recommendation was based on the accident,history and also the traffic counts in this area. Upon installing the stop signs, staff received numerous requests to take additional traffic counts now that Dakota Street has been completed through to 4th Avenue. Citizens have indicated that they felt the traffic counts that staff used in the warrant study were in error. Staff decided to take additional traffic counts in this area over a four day period to confirm the exact traffic movements at this intersection. Based on these recent traffic counts, it is clear that Dakota Street does carry heavier traffic than 7th Avenue. Based on the original warrant study and the accident rate at this intersection, some traffic control is still warranted at this intersection. Based on the new traffic counts and also the slope on Dakota Street, staff is proposing to switch the stop signs such that the traffic on 7th Avenue has to stop but Dakota Street has the through way. This is consistent with the traffic counts taken for this area. DEH/pmp TRAFFIC 4,v in 1.111111Al a SHAIK0PEE August 3, 1994 Steve Hentges S.M. Hentges & Sons, Inc. P.O. Box 520 Shakopee, MN 55379 . .. ....._ .. RE: 1993 Reconstruction Project Project No. 1993-7 Dear Steve:. I am in receipt of your change order request dated July 29, 1994 regarding the above referenced project. The total amount requested is $11,952.00 for subgrade excavation and placing common borroww material on 8th Avenue. The total volume of material removed and replaced per your request is 1,494 cubic yards. Please beadvised that I am hereby approving a total volume of subcut of 923 cubic yards, which is the amount I had previously informed you of prior to the work being done. This amount represents a total excavated depth of three feet in areas that my project inspector have identified were the City's responsibility. I feel this is more than generous in the fact that the top 18 inches was wet material, which certainly does not support your claim that the bad soils were were below the surface, but in fact supports our position that the subgrade got wet after the project was under construction. Nonetheless, I am not deducting the 18 inches from the volume calculations but rather agreeing to the full depth excavation of three feet in those areas. There are other areas that were subcut that we feel are your responsibility according to the City's Standard Construction Specifications and therefore I am denying your claim for the additional 571 cubic yards of material. I am not disputing that this material was removed and replaced, but rather have determined that this amount is not the City's responsibility. I have instructed the project inspector to process a change order in the amount of $7,384.00 representing 923 cubic yards of subcut for 8th Avenue. Sincerely,: I 41" l David E. Hutton, P.E. Public Works Director DEHJpmp _ RECON CO\MUNITY PRIDE SINCE 1857 12'+H'. ^,cs Strcct Sut,.,, ti11,11,<�1�rc. Atinnrsnta N-?: o12-4-z- -- 44,-n;1` A S. M. HENTGES & SONS, INC. P.O. BOX 520 SHAKOPEE, MN 55379 (612) 492-5700 FAX (612) 492-5705 Change Order Request Cry op AUGCustomer Date of � lgg4l Reference Request C1993-7 7/29/94 iteElvEv TO: Dave Hutton City Hall 129 South Holmes Shakopee, Mn 55379 Job No. Job Description Job Location 93-176 1993-7 Project DESCRIPTION OF WORK PERFORMED: Subcutting unsuitable material from 8th Avenue per directions from City personnel. ACTUAL COSTS: July 12, 1994 Excavate/export 882 cys @ $3 .50/cy $ 3, 087 . 00 Import/place 882 cys @ $4 .50/cy 3 , 969. 00 Subtotal $ 7, 056. 00 July 13 , 1994 Excavate/export 612 cys @ $3 . 50/cy $ 2, 142 . 00 Import/place 612 cys @ $4 . 50/cy 2 , 754 . 00 Subtotal $__4, 896. 00 Total $11, 952 . 00 Total Change Order Request $11, 952 . 00 W W w W W W W CO W ..� W W w w w W l.- W W U) W to w to W W ..) 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H I N 1 Co CO 0 I H I • I 0 0 to 0 1 • I CO I 0 I I CO I 0 0 ' 0 I -4 J 10 0 1 4/1 xn • aN m VIC • `I - co M .33H CO CO CO � � � 01 C+7 - A 10 ,10 J U) A CD CO J • I-+ H 0 0 VI A CO CD 0 0 0 0 H 0 to C CO N 0 0 iI I-IH0 �, I tIH n3Lam] m z � H I 0 H 3 CO -3 A A 0 of 0rH m N N 01 10 0 10 10 0 0\ coin CO 10 0 .A N N 10 0 ol 0 0 10 0 • k C17 CI ,C1 CI PO Iain ,tirox zrn a zrn v • J CI .3 N A 0 z N • 0 H H .A 0 d H 0 W -D lJ 0 N - 10 10 A 0 Monthly Project Report - Submitted by Barry Stock August 11, 1994 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% 2. AWAIR Program ? ? 0% 3 . Perform Employee 5/1 5/15 0% Evaluations 4. Develop Pay for Perf. DRK to Program 4/1 7/1 10% complete 5. Complete Dept. Reorganization Plan 3/1 9/1 75% 6. City Newsletter 8/2 9/8 10% 2nd. Issue Issue #2 scheduled for Sept. 7. Stan House Project 2/15 8/1 75% 8. Downtown Utlility 3/24 ? 5% On hold until Easements after new Public Hearing 9. Seek Alternatives to 7/1 9/15 0% identify Downtown Development Interest 10. City Residents Guide 4/15 7/1 25% 11. Evaluate creation of 6/1 7/15 75% an Econ. Dev. Auth. 12. Select Comm Center 5/20 6/21 75% Const. Mgr. /Consultant 13 . 1995 Budgets 7/1 9/1 75% 14. Implement new Transit 7/1 10/1 10% Fixed Route Service 125 Memo To: Shakopee City Council From: Barry A. Stock, Asst. City Administrator RE: Committee of the Whole Meetings Date: August 11, 1994 In past years we have met with the Townships prior to getting to far along in our budgeting process. Due to an oversight on our part we have not scheduled this meeting. Staff is attempting to arrange the joint meeting to be held at one of our COW meetings in August. The following topics have been tentatively scheduled for discussion at the August Committee of the Whole Meetings: Tuesday, Aug. 23rd. 5:00 p.m. - CIP, EDA/HRA, Code Enforcement Thursday, Aug. 25th. 5:00 p.m. - 1995 Budget Tuesday, Aug. 30th. 5: 00 p.m. - 1995 Budget, Joint Meeting with Townships to begin at 7: 00 p.m.* *Louisville Twp. has confirmed still working on Jackson Twp. Feel free to call Dennis or myself with COW topics that we may have overlooked or that should be considered for future COW agendas. PARAGON C A B L E MINNESOT A August 9, 1994 Mr. Barry Stock 129 Holmes Street S. Shakopee, MN 55379 Dear Barry: This letter is to update you on the progress we are making in the transition of the operation of the cable system in Shakopee to Paragon Cable. We are pleased to report that to date the transition is going smoothly, and our goal of making this process transparent to our new customers is proceeding as planned. One issue which has arisen, that has the potential to cause unnecessary confusion to our new customers, is the announcement made by the previous owners that the rates for equipment and installation will be changing on September 1, 1994. In an effort to mitigate any confusion, as well as allow us enough time to determine the accuracy of the rates based on our understanding of the FCC's rate rules, we will delay the implementation of the changes. Please note that we will be contacting our customers by mail with this information, and including a notice in the bills they will receive in late August. Thanks in advance for your cooperation in this matter. Please feel free to call on me if I can be of further assistance in this or other matters as the transition continues. Best Regards ammerstrom Kim Roden (612) 571-6206 (612) 287-3652 801 Plymouth Avenue North, Minneapolis,Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota August 4, 1994 MEMBERS PRESENT: Madigan, Mars, DuBois, Christensen, Joos, Link, & Bladow MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Director Terrie Sandbeck, Assistant City Planner Paul Bilotta, Senior Planner Dave Hutton, City Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order at 7: 32 p.m. Roll call was taken as noted above. Chrmn. Mars introduced the two new Commissioners, Mr. James Link, and Mr. Todd Bladow. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF JULY 7, 1994, MEETING MINUTES The meeting minutes were approved as presented with Comm. Bladow and Link abstaining from the vote. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A 10' VARIANCE FROM THE REOUIRED 30' FRONT YARD SETBACK IN ORDER TO BUILD AN ADDITION AND DECK ONTO THE HOUSE AT 910 EAST 8TH AVE. - MARY L. ZORN - RESOLUTION NO. 690 Chrmn. Mars opened the public hearing regarding the above request. Comm. Christensen took a chair at approximately 7: 35 p.m. A brief summary was provided by the Asst. City Planner regarding this matter. She stated that the Board of Adjustment and Appeals opened the public hearing for this request at their last meeting on July 7th. The Board continued the public hearing to the August 4th meeting, and requested additional information from staff. The staff report contained the requested information. Mouths of the Page- 2 Board of Adjustment and Appeals August 4, 1994 She stated that Attachment No. 4 provides the orientation of the four corner lots at the intersection of 8th Avenue and Dakota. The attachment illustrated that the applicant's lot has an east/west orientation, while the other three corner lots have a north/south orientation. Therefore, the applicant's setbacks are not comparable to the setbacks required for the other corner lots, and the building lines will not match with those of the other block faces. If the front yard variance were granted to the applicant, a precedent would be set which would provide for the granting of other front yard variance requests. This would be detrimental to the front yard setback requirement. She added that one of the things that came up at the last meeting was that Mr. Burl Zorn stated that they were requesting only a 10 foot variance, not the 12 foot variance that was requested in the application. If this variance were approved, the applicant should be aware that the approval of the Building Permit would require verification of the location of the property line, and the distance between the property line and the footings. She also stated that City staff had recently received a telephone call from Mr. David Reed expressing his support for the approval of the variance. Mr. Reed lives just south of the applicant. The Asst. City Planner added that staff recommends denial of the variance because the criteria required for the granting of variances cannot be satisfied. The applicant's spouse, Burl Zorn, 910 East 8th Avenue, Shakopee, MN, approached the podium. He thanked the staff for all their time regarding this matter, and for visiting their site. He stated that according to Section 11.03, Subd. 3, regarding lot provisions, it states that on corner lots, the required front yard setback shall be provided on both streets. However, within the R-1 and R- 2 zoning districts, this setback may be reduced by 10 feet in the direction determined to be the street side yards. He stated that unfortunately according to definition, his perception of his street side yard is technically his front yard. Mr. Zorn also stated that he disagrees with staff and feels that he does meet all six criteria that are required by staff. He also feels that his request for a variance makes sense and conforms to the setbacks now in place by the other three property owners on the adjacent corners. He stated that he feels that this variance would Minutes of the Page- 3 Board of Adjustment and Appeals August 4, 1994 also improve not only his property value, but the neighborhood and asked the Planning Commission to approve his variance request. Comm. Christensen stated that this is an unusual block. She stated that some of the houses on Dakota Street face the street and others do not. She also stated that from 4th Avenue up to 8th Avenue, there aren't any houses in conformance with a 30' front yard setback. In order for this person to add on to their house, they would have to add on to the front of the house which doesn't make any sense. She stated that there needs to be some common sense used by the Planning Commission when making this decision. Mr. Zorn stated that the one person whom this addition would affect is not opposed to this plan at all (referring to Mr. David Reed) . Mr. Zorn feels that this addition is in conformance with everyone else on the corners. Comm. Christensen stated that in terms of visually enhancing the neighborhood, this is the best place for the addition to be located. Motion: Comm. Joos/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Madigan/Christensen offered Variance Resolution No. PC-690, A resolution approving a 10 foot variance to Section 26, Subd. 5.B. Comm. Joos stated his opinion in opposition of the motion. He feels this proposal does not meet the criteria set forth by the ordinance and is also concerned about setting precedents in that area. Comm. Mars asked if any trees would be removed for this construction. Mr. Zorn responded that the big evergreen on the site would be taken down but no other trees or construction would interfere with the traffic triangle. A brief discussion by each member of the Commission took place regarding how they planned to vote for this motion. Comm. Joos stated that there is nothing stating that there has to be an addition at all. The structure could stay the way it is right now because it fits in the neighborhood just fine as it currently is. Minutes of the Page- 4 Board of Adjustment and Appeals August 4, 1994 Vote: Motion failed three to three with Comm. Christensen, DuBois, and Bladow voting in favor of the motion, and Comm. Mars, Madigan, and Joos voting against the motion. Comm. Link abstained from voting on the motion. VI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A 2' VARIANCE FROM THE SIDE YARD SETBACK REOUIREMENT OF 5', AND A 139 SO. FT. VARIANCE FROM THE REOUIREMENT THAT AN ACCESSORY BUILDING CANNOT EXCEED 10% OF THE LOT AREA, IN ORDER TO ADD AN ADDITION ONTO AN EXISTING GARAGE AT 1167 VAN BUREN STREET - VERNON AND MARY KARST - RESOLUTION NO. 692. Chrmn. Mars opened the public hearing regarding the above request. The Asst. City Planner provided a brief summary regarding this matter. She stated that the applicant is proposing to build an addition onto an existing detached garage that is located only 3 feet from a side property line. The structure was constructed in 1976, and is 24 feet by 24 feet (576 square feet) in area. The applicants would like to construct a 24 foot by 24 foot addition onto the east side of this structure. There are two separate variances being requested with this application: 1. A 2 foot variance to the 5 foot setback requirement for accessory structures is being requested in order to follow the building line of the existing structure; and 2. A variance of 139.5 square feet to the maximum 10 percent lot coverage is being requested. The proposed accessory structure would measure 1, 152 square feet in area, and on this lot, the Zoning Ordinance would only allow a detached accessory structure of up to 1, 012.5 square feet in size. This is a 11. 38 percent lot coverage (1, 152 s.f. /10, 125 s.f. ) . She stated that the current side yard setback requirement for accessory structures was adopted in 1979. Since many of the homes within this district were constructed prior to the adoption of the existing Zoning Ordinance, there are several existing accessory structures located closer than the current five foot setback. Other variances have been granted for minor side yard setback reductions in this neighborhood area, so the granting of the setback variance request would not be a special privilege to the applicant. In addition, the 2 foot variance is the Maths of the Page- 5 Board of Adjustment and Appeals August 4, 1994 minimum variance possible that would keep the building line of the proposed addition equal to that of the existing structure. She went on to say that the applicants were also requesting to increase the size of the accessory structure beyond the 10 percent lot coverage requirement. However, alternative dimensions are available to the applicants which would allow the structure to meet the maximum 10 percent lot coverage requirement and provide additional storage space. Under the regulations of the Zoning Ordinance, the applicants would be permitted to construct an addition approximately 24 feet by 18 feet, instead of the 24 by 24 feet as proposed. However, the 2 foot variance would still be necessary in order to follow the building line of the existing structure. The Asst. City Planner stated that staff recommends the following: 1. Variance to the Maximum 10 percent lot coverage for accessory structures: Staff recommends denial of the application for a 139.5 foot variance from the maximum ten percent lot coverage for accessory structures, because the criteria required for the granting variances cannot be satisfied. 2 . Variance to the 5' side yard setback for accessory structures: Staff recommends approval of this 2 foot variance because it meets the criteria required for the granting of variances, and because it is the minimum variance possible that would keep the building line of the proposed addition equal to the existing structure. The applicants, Vernon and Mary Karst, 1167 Van Buren Street, Shakopee, MN, approached the podium. They stated that they would like to use the addition for storage of a boat, a collector car, and a few miscellaneous items. They added that an 18' by 24' structure is not quite large enough and that is why the request was for a 24' by 24' structure. They also stated that by having a detached structure it must be calculated as part of the ten percent of the lot allowed for accessory buildings. However, if they were adding onto the principal structure, a variance to the maximum low coverage would not be necessary. The applicants stated that he neighbors have no problem with the proposed addition. Motion: Comm. Joos/Madigan offered a motion to close the public hearing. Minutes of the Page- 6 Board of Adjustment and Appeals August 4, 1994 Vote: Motion carried unanimously. Motion: Comm. Joos/Madigan offered variance Resolution No. PC-693, a Resolution Approving a 139.5 square foot Lot Coverage Variance to Section 11. 03, Subd. 6.C. Comm. Joos spoke regarding his opposition to this motion. He stated that the main problem is expanding the ten percent maximum for the accessory structure. Again, a precedence could be set. Vote: Motion failed unanimously. Motion: Comm. Joos/DuBois offered Variance Resolution No. PC-692, a Resolution Approving a Two (2) Foot Variance to Section 11. 03, Subd. 6.F. Vote: Motion carried unanimously. XII. OTHER BUSINESS There was no other business to be discussed. XIII. ADJOURNMENT The meeting adjourned at 8:24 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota August 4, 1994 MEMBERS PRESENT: Madigan, Joos, Mars, DuBois, Christensen, Bladow, & Link MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, Planning Director Paul Bilotta, Senior Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8:35 p.m. The roll call was taken as noted above. Two new Commissioners were introduced, Mr. James Link and Mr. Todd Bladow. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE JULY 7, 1994, MEETING MINUTES The minutes of the July 7, 1994, meeting were approved as presented with Comm. Link and Bladow abstaining from the vote. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Motion: Comm. Mars/DuBois offered a motion to approve the Consent Agenda as presented. Vote: Motion carried unanimously. VI. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL PLAT FOR THE SCHERER SOUTH ADDITION PLANNED UNIT DEVELOPMENT, LOCATED NORTH OF 4TH AVE. , SOUTH OF HWY 101 AND WEST OF CERTAINTEED. - SCHERER BROTHERS LUMBER Chrmn. Joos opened the public hearing regarding the above request. Minutes of the Page- 2 Shakopee Planning Commission August 4, 1994 The Asst. City Planner provided a brief summary regarding this matter. She stated that last spring the applicants submitted requests for approval of both the Preliminary and Final Plat for this development. However, since that time, the applicant has incorporated additional land located between the subject site and Shenandoah Drive into the plat. Due to advertising and notification requirements, the applicant withdrew the original application, and at the July 7, 1994, meeting of the Planning Commission, the public hearing was closed and no action was taken regarding the request. The applicants have since submitted revised applications for approval of both the Preliminary and Final plats. The revised application has been expanded to include approximately 130 feet of additional land located to the west of the original lot. When the original plat was submitted, staff expressed concern about the stormwater runoff from the site, and specifically the discharge of the runoff onto adjacent private property (Certainteed) . In response to these concerns, the applicants petitioned the City Council to complete a feasibility study on the overall drainage improvements required for the subject site and the surrounding area. This study was recently completed and four alternatives were identified. All four of these alternatives require improvements at the subject site, as well as improvements on surrounding properties. Certainteed has reviewed the alternatives and their comments were provided on the table. These alternatives are tentatively scheduled to go before the City Council at their meeting on August 16, 1994 . The Asst. City Planner stated that staff recommends the approval of both the Preliminary and Final Plats for the Scherer South Planned Unit Development, subject to the conditions discussed in the staff report, plus additional condition No. 1.D, which was provided to the Commissioners. Comm. Mars asked if the applicant was aware of recommended condition No. 1.D, and asked how they felt about it. Mr. Larry Lynch, Scherer Brothers Lumber Company, 9110 83rd Avenue North, Brooklyn Park, MN, approached the podium. He stated that they didn't have any problem with limiting the number of accesses to 4th Avenue to two. Minutes of the Page- 3 Shakopee Planning Commission August 4, 1994 Motion: Comm. Mars/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Christensen offered a motion to recommend to the City Council the approval of the Preliminary and Final Plats for the Scherer South Planned Unit Development 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 construction of required improvements: a) The developer agrees to construct all stormwater improvements on their property in accordance with Alternative No. 3 in the feasibility report as prepared by the City's consultant, OSM, and that the City agrees to reimburse the developer for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. b) If the City Council determines that the ultimate drainage improvements result in a new outlet to the north, crossing the railroad tracks, Scherer Bros. agrees to dedicate the required drainage easements to construct those improvements. c) Scherer Bros. must submit a petition to the City waiving their right to appeal any future assessments associated with additional drainage improvements that may be necessary. C. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. D. Lot 1, Block 1 shall be limited to two accesses onto Fourth Avenue. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3 . The following must be completed prior to the approval of a Building Permit for the site: Minutes of the Page- 4 Shakopee Planning Commission August 4, 1994 A. The applicant 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. The applicant shall comply with all requirements of Scott County Environmental Health (SCEH) regarding Hazardous Waste licenses. C. The applicant shall agree to construct a concrete reinforced slab (20' x 24' x 18" thick) beneath the railroad spur ballast to protect the existing 27" RCP CL 3 sanitary sewer. D. A total of two fire hydrants are required to serve the site, and each must flow 1,500 gallons when both are in use. The additional hydrant will be required to be located on the east side of the office building and parking lot. Vote: Motion carried unanimously. VII. PUBLIC HEARING: TO CONSIDER A TEXT AMENDMENT WHICH WOULD MODIFY THE FLOODPLAIN REGULATIONS AND THE HOURS OF OPERATION FOR MINING AS A CONDITIONAL USE IN THE I-2 DISTRICT. THE PROPOSED AMENDMENT WOULD ALSO CONSIDER THE REMAPPING OF INDUSTRIALLY ZONED PROPERTIES CONTAINED WITHIN CERTAIN BOUNDARIES OF THE CITY. - CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding this matter. The Planning Director provided a brief summary regarding these amendments. He stated that there were three items before the Planning Commission. The first item being the hours of operation for mining operations. He stated that currently the zoning ordinance requires that all mining operations be limited to the hours of between 7 : 00 a.m. and 7:00 p.m. At a previous meeting, The Shiely Co. proposed to have their operation start at 6: 00 a.m. However, the Planning Commission voted in opposition of that proposal. The Planning Director stated that in the staff report there are four alternatives to the hours of operation and suggested that these be looked at in great detail. He stated that staff had just received a letter regarding this matter and would therefore like to table this matter until the next Planning Commission meeting in order to Minutes of the Page- 5 Shakopee Planning Commission August 4, 1994 gather more information. Mr. Mark Suel, 481 Warrick, St. Paul, MN, approached the podium. He stated that the Shiely Co. is the only mining company that is in a Heavy Industrial Zoning District. He invited the Planning Commission to tour the plant before they make any decision regarding this matter. He also stated that there was a consensus from the City Council to extend their hours of operation to 6:00 a.m. to 7: 00 p.m. The Planning Commission came to a consensus to table this matter until they received more information from staff and until they toured the Shiely Company's site. The Planning Director stated that the next item of discussion was regarding the floodplain regulations which were adopted at the June 7th Planning Commission meeting. He stated that after they were adopted, staff submitted them to the Department of Natural Resources (DNR) for their review. Staff recommended adoption of the floodplain provisions as mandated by the DNR. The Planning Commission came to a consensus to put the floodplain in compliance with the DNR. The third item for discussion by the Planning Director was regarding industrial zoning and mapping. He provided a brief update regarding the history of the zoning and mapping process. He stated that on June 7, 1994, the updated Zoning Ordinance was adopted. However, the mapping process is what is left to be addressed. The Planning Director stepped up to the podium and illustrated a map of the City of Shakopee and provided a brief description of the zoning patterns. Mr. John Schmidt, Danny's Construction, 1019 South Main, Shakopee, MN, approached the podium. He asked why there were properties excluded from this map. The Senior Planner stated that the sites being discussed tonight were chosen due to their uncontroversial nature. Mr. Schmidt suggested to staff that there be a better process to notify property owners when changes are going to take place rather than via a public hearing notice in the Shakopee newspaper. The Planning Commission reached a consensus to go along with staff's recommendations regarding this matter. Minutes of the Page- 6 Shakopee Planning Commission August 4, 1994 Motion: Comm. Christensen/Mars offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Madigan offered a motion to recommend to the City Council approval of the floodplain provisions as advised by the DNR, and the mapping of the Industrial sites, as shown on Exhibit D in the staff report. Vote: Motion carried unanimously. Motion: Comm. Mars/DuBois offered a motion to table the recommendation regarding the expansion of the hours of operation for mining within the Heavy Industrial Zoning District to the next regular Planning Commission meeting. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO CONSIDER A REZONING REOUEST TO AMEND THE FLOODPLAIN AND FLOODWAY BOUNDARIES TO EXCLUDE CERTAIN PARCELS, BASED UPON DIKING THAT HAS BEEN CONSTRUCTED AROUND THE AREA TO BE MAPPED OUT OF THE FLOODPLAIN UPON THE PROPERTY AT 1 VALLEYFAIR DR. - CEDAR FAIR LIMITED PARTNERSHIP (VALLEYFAIR) Chrmn. Joos opened the public hearing regarding the above request. The Asst. City Planner provided a brief summary regarding this matter. She stated that the applicant is requesting that the City amend the Official Zoning Map to exclude certain areas of the Valleyfair Amusement Park from the Floodplain District. The applicant is in the process of obtaining the necessary approvals from the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR) . She stated that staff anticipates that a determination should be made by FEMA by the end of August. She went on to say that a letter was received that afternoon from Larry Samsted of the Lower Minnesota Watershed District, and a copy had been provided on the table. He stated that at that evening's Board meeting, he would ask if the Board would like to review the request. If so, they would review it at their following meeting. The recommendations of both the Planning Commission and of the Lower Minnesota Watershed District could be forwarded to the City Council to assist them in their decision. Minutes of the Page- 7 Shakopee Planning Commission August 4, 1994 The Asst. City Planner added that staff recommends the approval of this request, subject to approval by both the Federal Emergency Management Agency (FEMA) , and the Department of Natural Resources (DNR) . The applicant did not care to make any comments regarding this matter. Motion: Comm. Christensen/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Christensen offered a motion to recommend to the City Council the approval of the request to revise the Official Zoning Map to exclude certain areas of Valleyfair from the Floodplain District, subject to approval by both the Federal Emergency Management Agency (FEMA) , and the Department of Natural Resources (DNR) . Vote: Motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CHIROPRACTIC OFFICE AS A HOME OCCUPATION UPON THE PROPERTY AT 220 W. 3RD AVE. - JOHN J. HOBDAY. Chrmn. Joos opened the public hearing regarding the above request. The Asst. City Planner provided a brief summary regarding this matter. She stated that the applicant is requesting a Conditional Use Permit to operate a chiropractic office as a home occupation. Lorraine Ries is the current property owner. However, the Hobdays will be purchasing their residence and the structure for use as both t h chiropractic office if the permit is approved. She stated that staff is of the opinion that the proposed use is consistent with the purposes of the zoning code, and complies with both Section 11. 05, Subd. 10 (regarding criteria required for home occupations) , and Section 11. 04, Subd. 6 (regarding criteria required for Conditional Uses) . She added that the City recently received a letter from Mr. Bruce Heinz who owns 219 West 3rd Avenue (located to the north in a Central Business or B-3 Zoning District) , which expressed his opposition to this home occupation. A copy of the letter was provided on the table for the Minutes of the Page- 8 Shakopee Planning Commission August 4, 1994 Commissioners. The Asst. City Planner stated that staff recommends the approval of the Conditional Use Permit for the chiropractic office as a home occupation, subject to the three conditions discussed in the staff report. Mr. John Hobday, 312 First Ave. East, Shakopee, MN, approached the podium. He did not have any comments, but would answer any questions of the Planning Commission. Discussion on the hours of operation took place. The applicant felt that there would be times where the 5:00 p.m. closing time would not be adequate. Chrmn. Joos informed the applicant that with a Conditional Use Permit, an applicant has to stay within the time frames originally set forth. Mr. Hobday informed the Commission that a 7:00 p.m. closing time would be more than adequate. Comm. Madigan asked how many clients would be expected at any given time and what kind of signage would be posted. Mr. Hobday responded that he may possibly have two or three clients at one time. A gas lantern post with his name would be displayed in the front yard. Comm. Mars asked how many clients would be expected during a given day. Mr. Hobday responded that there could possibly be a dozen clients. Motion: Comm. Mars/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Link offered Conditional Use Permit Resolution No. PC-6691, a Resolution Approving a Conditional Use Permit to John J. Hobday to Operate a Chiropractic Office as a Home Occupation within the Mid- Density Residential (R-3) Zoning District, subject to the following conditions: 1. The hours of operation shall be limited to between 9: 00 A.M. to 7: 00 P.M. , Monday through Saturday, except for emergencies. 2 . The chiropractic office must meet all state and county health code requirements. Minutes of thee- Phg 9 Shakopee Planning Commission August 4, 1994 3 . The City Administrator has the authority to require the review of the Conditional Use Permit by the Planning Commission if complaints are received. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER THE REZONING OF A 73.59 ACRE PARCEL, LYING WEST OF CR 79, EAST OF CR 77, AND SOUTH OF THE UPPER VALLEY DRAINAGE DITCH FROM AG TO R-2 . - GOLD NUGGET DEVELOPMENT, INC. Chrmn. Joos opened the public hearing regarding the above request. The Asst. City Planner provided a brief summary regarding this matter. She stated that Gold Nugget Development, Inc. has submitted an application for an amendment to the zoning map. They are requesting that the City rezone a 73 .59 acre site from Agricultural to Urban Residential. She added that the site is being proposed for residential development by the applicant, and the public hearing for the preliminary plat for the site would follow this public hearing. She stated that the approved 1990 draft Comprehensive Plan has designated this area for single family residential development. This land use classification allows detached housing on parcels between 9, 000 and 12, 000 square feet in size. She stated that staff recommends approval of the rezoning request, based upon its conformance with the Land Use Section of the approved 1990 draft Comprehensive Plan, and based upon the findings required in Section 11.04, Subd. 7, of the Shakopee City Code. Chrmn. Joos raised the question of whether it would be more appropriate to rezone this area to R-1A, or R-1B, rather than R-2. The Planning Director stated that the question before the Planning Commission is whether the request is in compliance with the Comprehensive Plan that is currently in place. The developer is ready to move forward with the development of that area, and staff recommends moving forward also. Comm. DuBois stated that there is a critical shortage of lots now available in Shakopee for first time home buyers. She would like to see this request move forward. Minutes of the Page 10 Shakopee Nanning Commission August 4, 1994 Comm. Bladow stated that he disagrees with Comm. DuBois, and feels this should not be rushed into, but that they should take their time and get it done right. Ms. Teresa Hagland, Pioneer Engineering, P.A. , 625 Highway 10 N.E. , Blaine, MN, approached the podium. She stated that her company is working with Mr. Fleck regarding this project. Chrmn. Joos stated that the area south of the Meadows West development has larger lots and asked Ms. Haglund how the two neighborhoods would fit together. Discussion on this issue took place. Motion: Comm. Christensen/Mars offered a motion to close the public hearing. Vote: Motion carried unanimously. Chrmn. Joos stated his concern whether the Planning Commission should rezone some preserved agricultural land without having the new zoning ordinance in place to apply the new zoning districts to the map. Comm. Mars, Link, and DuBois all stated that they would like to see the project move forward and don't want this area sitting as farmland any longer. They feel it needs to be filled in with a housing development. Motion: Comm. Christensen/Link offered a motion to recommend that the City Council rezone the subject site from Agricultural (AG) to Urban Residential (R-2) . Vote: Motion carried four to three with Comm. DuBois, Mars, Link, and Madigan voting in favor of the motion. Comm. Christensen, Joos, and Bladow voted against the motion. XI. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF THE MEADOWS WEST ADDITION, LOCATED WEST OF CR 79, EAST OF CR 77 AND SOUTH OF THE UPPER VALLEY DRAINAGE DITCH. - GOLD NUGGET DEVELOPMENT, INC. Chrmn. Joos opened the public hearing regarding the above request. The Asst. City Planner provided a brief summary regarding this matter. She stated that Gold Nugget Development is requesting Preliminary Plat approval for 158 lots on 73 acres. The applicant is proposing to develop the site in three phases. Minutes of the Page-11 Shakopee Planning Commission August 4, 1994 She stated that the proposed subdivision is within a large block of land located north of the Bypass, between CR 77 and CR 79, and generally south of Vierling Drive. Within this block there are approximately 450 single family lots being proposed. Staff is concerned with the amount of traffic that will be generated onto local streets which do not intersect directly with a collector street. In staff's opinion, the local street design needed to be reconsidered. She added that, in response to these concerns, the applicant submitted revised portions of the preliminary plat drawing. One revision connects Whitney Avenue directly to Vierling Drive. The other revisions provide two street design alternatives for the area directly west of CR 79. Copies of these alternatives were provided on the table. She added that these revisions have not been reviewed by all of the required reviewing agencies. In addition, the Engineering Department has a number of concerns regarding the set of construction plans that were submitted for review. A letter requesting specific information has been sent to the applicant. The Asst. City Planner stated that staff is recommending that the Planning Commission continue the public hearing to the September meeting to allow the applicant to provide the additional information discussed in the staff report, a revised Preliminary Plat drawing, and to allow time for staff and the appropriate reviewing agencies to review the proposed revisions to the development. Ms. Teresa Haglund, Pioneer Engineering, P.A. , 625 Highway 10 N.E. , Blaine, MN, approached the podium. She stated that the developer, Mr. Fleck, has been developing in this community and has been an easy-going and flexible developer. She asked the Planning Commission to approve this preliminary plat. She pointed out that this developer is not asking for any variances. She also stated that staff had a concern regarding traffic generated by the site, but Ms. Haglund stated that this development is totally serviced for handling traffic with access to County Road 79. Chrmn. Joos stated a concern with Lewis Street coming to a dead end at this development. He also stated that he would like to see the phasing process start from the other direction due to the flow of traffic. He is concerned about generating traffic to County Road 79. Minutes of the Page-12 Shakopee Planning Commission August 4, 1994 The City Engineer stated that he feels that both County Road 79 and 77 would be available to the north, but as the development fills in, we will probably see a split. Comm. Christensen suggested discussing this matter at the next meeting in more detail since it is the recommendation of staff to continue the public hearing anyway. Comm. Mars requested that more traffic analysis be done. Ms. Haglund stated that they would be happy to provide a traffic analysis. Mr. John Collins from P & V Addition, 109 East Mound, Shakopee, MN, approached the podium. He stated that he would like to see this project move forward because it affects his development and holds their project up. Motion: Comm. Mars/Madigan offered a motion to continue the public hearing to the September 8, 1994, meeting of the Planning Commission, and requested that the applicant have the street design determined and a traffic analysis completed so that this project can proceed, and so that the next time they may come to the Planning Commission, they could review both the Preliminary and Final Plats. Vote: Motion carried unanimously. XII. VACATION: TO CONSIDER THE VACATION OF A 70' WIDE ROADWAY EASEMENT, AND THREE 10' WIDE, AND TWO 15' WIDE, DRAINAGE AND UTILITY EASEMENTS LOCATED ALONG THE LOT LINES OF THE THREE LOTS NORTH OF CRETEX AVE. AND SOUTH OF HWY 101. - PRINCESS MARBLE. This item was previously recommended for approval under the Consent Agenda. XIII. VACATION: TO CONSIDER THE VACATION OF THE PORTION OF HAUER TRAIL EAST OF JASPER ROAD - CITY OF SHAKOPEE This item was previously recommended for approval under the Consent Agenda. XIV. DISCUSSION: A. Overview of Previous Comprehensive Plans The Planning Director provided maps for review by the Commissioners, and provided a brief description of each different map. He also stated that the Commissioners will each be getting a copy of the 1970, 1980, and 1990 Comprehensive Plans to use as Minutes of the Page 13 Shakopee Planning Commission August 4, 1994 guidelines during their review of the growth of the City. B. Overview on Design Review The Senior Planner stated that staff is trying to cut down on the number of items on an agenda and are trying to come up with a way to avoid the continuation of public hearings. He stated that basically if a plat comes through the office and everything is correct, it can move forward. However, if there is anything missing in proposals to the Planning Commission, that item will be continued by staff. Staff is recommending a City staff review of each application prior to scheduling any agenda item. That way, it has already had a chance to be reviewed. Staff would not like to hold things up with a difference of opinion. The Planning Commission reached a consensus regarding this issue. C. Street Design The Senior Planner stated that there are three issues regarding street widths in the City of Shakopee. One is that staff recommends to the developer a width that is both economical and the safest. Another concern is the funding; should the funding be by each neighborhood or should it be assessed to the whole city. The third issue is character of the City. If the Commission were to decide to have some streets wider than others, they would have to decide if they all should have the special widths, or just the streets around the downtown area. If the Commission decides that this is the way to go, the Senior Planner stated that they would have to direct staff to come back with a recommendation and that it would then be discussed in the future. The City Engineer stated that the standard street size that is currently being built is 36 feet in width. Comm. DuBois asked whether all street assessments were assessed to the home owners. The City Engineer responded that 25 percent of it is assessed to the adjacent property owners. Comm. Christensen stated that the older part of town needs to be cared for, and that she would like Minutes of the Page-14 Shakopee Planning Commission August 4, 1994 to see the larger street widths maintained due to the character she feels it adds to the City. Chrmn. Joos stated that he feels a 36 foot wide street is adequate. The Planning Director stated that having one standard street width does not seem to be working, based on the traditions and stated that he also feels that it is somewhat boring to the eye. Comm. Mars and Joos stated that they feel there should be a standard street size, and both felt that a 36 foot wide street is adequate. Comm. DuBois feels the standard size of 36 feet is also adequate, but would like to see the "old Shakopee" remain with 44 foot wide streets. It was a consensus by the Planning Commission to gather more information regarding this issue and discuss it in more detail at a later date. XV. OTHER BUSINESS: A second meeting by the Planning Commission was scheduled for August 11, 1994, at 7: 30 p.m. A tour of the Shiely Company site was scheduled for August 10, 1994. XVI. ADJOURNMENT The meeting adjourned at approximately 11: 32 p.m. #l(,,, Monthly Progress Report Planning Department July 31, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration 1. 1995-1999 CIP 3/01/94 8/19/94 90% Committee of the Whole Review 2. File System Reorganization 4/15/94 8/30/94 80% In progress Long Range Planning 1. Comp Plan Policies Review 4/01/94 9/15/94 80% PC review complete, COW Review 2. Land Use Plan 3/01/93 9/30/94 50% Research 3. East Shak Trans Plan 1/01/93 4/01/95 30% RTD area traffic generation 4. Zoning Mapping 1/01/94 10/01/94 10% Planning Commission: Phase I 5. Chaska Int Conditions 7/01/93 2/01/95 20% Rural Density, MUSA 6. Riverfront Design Plan 5/01/94 11/1/94 40% Alternative Concepts in Review Current Planning 1. Building Permits 7/01/94 7/31/94 Ongoing 40 Residential permits 1 Commercial permits 2 Industrial permits 2. Planning Reports 7/01/94 7/31/94 Ongoing 5 Variances 1 Appeal of BOAA 0 CUPs 1 CUP Review 3 Preliminary Plats 1 Final Plat 2 PUDs 0 Rezonings 0 Vacations 0 Minor Subdivisions 1 Comprehensive Plan Amendment 0 Official Map Reviews 0 Registered Land Surveys 1 Other: 1994-95 CIP 1 Other: Comp Plan Goals, Obj.,Policies 3. Enforcement 6/01/94 6/30/94 Ongoing 4 Zoning Code Violations 3 Resolved Violations Management Information Systems (MIS) 1. GIS Stage One 10/01/93 10/01/94 5% Awaiting County Status 2. Evaluate Scheduling Software 5/01/94 8/01/94 25% In progress 3. Network Security 5/01/94 8/01/94 5% Beginning 4. Quarterly Staff Work Program 5/20/94 7/15/94 50% In Progress 5. MIS Database Development 7/7/94 12/31/94 1% Beginning {WP51\DOCS\TERRIE\PCREPORTJUL}8/11/94 Monthly Progress Report Planning Department Continued PC Meeting 6-09-94 910 East 8th Avenue Variance (Front Setback) Continued to 8-4-94 979 Goldenrod Lane Variance (5' Side Setback) Approved 979 Goldenrod Lane Variance (Lot Coverage) Denied CanAm Recreational Vehicles Variance (Max. Sign Area) Denied / Appealed to CC CanAm Recreational Vehicles Variance (Max. Sign Ht.) Denied / Appealed to CC Eagle Creek Bluff Addition Preliminary Plat Cont'd to after EAW Scherer South PUD Pre./Final Plat Closed Public Hearing Prairie Bend PUD Preliminary Dev. Plan Recommended Approval Prairie Bend PUD Final Dev. Plan Recommended Approval Prairie Bend PUD Preliminary Plat Recommended Approval Midwest Commercial Development Comp. Plan Amendment Recommended Denial BMX Bike Track Review CUP Condition Approved Comprehensive Plan Goals, etc. Discussion No Action 1994-1999 CIP Discussion No Action Follow up: June Meeting Requests Discussion No Action {WP51\DOCS\TERRIE\PCREPORTJUL} 8/11/94 *17 August 12, 1994 Honorable Mayor and City Council Members: After watching the last two City Council meetings, I felt compelled to offer further information to help you in your decision making regarding the reclassification of my position, Planning Dept. Clerk Typist II. Some past history of the position might be helpful. The clerical position in the Planning Department had a secretary classification up to 1985. Due to budget cuts and the position becoming vacant, it was changed to a 30 hr./wk., Clerk Typist II, when advertised in the fall of 1985. I was working at the Shakopee Police Department and decided to move laterally, feeling there would be more chance for advancement at City Hall. At my interview, administration advised me that it was almost a certainty that the position would again be made full-time and classified back to secretary if I would be willing to cross train with the Building Department Secretary and do secretarial duties for the Administrative Assistant. Administrative personnel changed during that time and I certainly don't hold the current administration to promises made by others. At the time I was hired the department was comprised of the Planner, Planning Intern and myself. Approximately three months after I started, the City Planner resigned. I was made full-time and the Planning Intern and I handled the Planning Department affairs. After a couple more months the Planning Intern was offered a position elsewhere and also left. From that time until the current Planning Director was hired, I worked with Barry Stock as the Acting Planner. Needless to say, I was forced to be a quick study in learning Planning Department responsibilities, besides learning Building Department procedures in processing building permits, scheduling inspections and costing out building,plumbing, heating and electrical permits. Also during this time I was the main backup for the City Hall receptionist. So you see, it was very disappointing when I watched the last City Council meeting and realized that the Council was under the impression that I would be "assuming"the secretarial responsibilities in the Planning Department that I, in fact, have been performing for the last five years. There has not been another clerical person or any other secretary available to do the secretarial work for the Planning Department during the last five years but myself. As Councilperson Lynch pointed out, a reclassification should depend on the job responsibility, not on whether a department should have a secretary title for status quo. Perhaps I should list some of my specific secretarial duties so you can make that judgement. I have maintained all Planning Department computer files in the Lotus 1-2-3, R-Base, and have utilized other programs available on the network such as Textware, Formtook, Grammatik and Labels programs since their creation. These systems track plat, variance and conditional use history. I am proficient in Word Perfect and have been tested at Scott County for typing at a speed of 73.52 wpm with 4 errors. All property owner notification is done by me. If the list is not required with the application, I research the abutting or affected neighboring properties and mail out notices (varies anywhere from 80-350/mo.). When applications come in for variances, conditional use permits, plats, amendments or planned unit developments, I prepare reviews. I fill out the review form, create zoning maps of the site and attach information from the applicant or Comprehensive Plan that I judge might be helpful for City, County and State departments and outside agencies such as Minnegasco, Cable, NSP, etc., in their evaluation of the project. I perform these duties without any supervision or review by my superiors. I am required to compose the first drafts of Planning Dept. public hearing notices, to be revised by the Assistant Planner and am responsible to see that they are published within the legal time lines. I compose the first drafts of the Planning Commission agendas, letters to applicants notifying them that their applications have been accepted or denied, and letters informing applicants of the action taken by the Planning Commission and City Council. I compile the Planning Department Annual Report. I assist counter and phone customers in locating the district their home or proposed project is in and explain the requirements of that district, such as setbacks for new houses, additions and accessory structures. I supply the public with information on subdivision, zoning, sign and code regulations. I explain the procedure and requirements for applications for variances, conditional uses, plats, vacations and appeals. On new house permits, I review the survey for proper setbacks, building height and check the plat resolutions for conditions pertinent to the specific site. I am responsible to see that Planning Commission resolutions are signed by all required authorities, routed to the City Clerk and in the case of torence property, must acquire the additional paperwork from the applicant for proper recording at Scott County. These are duties over and above the usual clerical jobs of creating and maintaining physical files, transcribing dictation, and duplicating and collating all Planning Dept., Community Development Committee and Energy and Transportation(now disbanded)agenda packets and route them to committee members and mail applicants copies of Planning Commission or City Council agendas and the memos pertinent to their case. I call and schedule Planning Commission member for special events and verify quorum counts for meetings. I believe, if you compare these duties to those listed in the new job description for a secretary I have been performing each and every one of them for the past five years. Yes, with each new supervisor, procedures, file maintenance preferences and workloads have changes, but my essential duties have not changed. That is the reason I thought I was being considered for reclassification, to determine if my responsibilities really do fit within my current classification. I also refer you to the Benchmark job values list on the MAMA study, which you adopted this January. Please note that the very example used for a Secretary A - Senior is a Community Development Secretary. The most disheartening part of this ordeal is not having worked the past five years in a lower classification. It's the painful realization that the City Council is being asked to consider posting my position. After ten years with the City and five years experience in the Planning Department, I might be required to apply for my own job. The further humiliation is the fact that there will be a chance that my position could also be posted publicly. Scott County averages 100 applications for secretarial positions and 1 am not too proud to admit that some could outscore me on testing. It pains me that there is a chance that one test could possibly override my good work record and Planning Department experience, my versatility to substitute for Building Secretary, Police Dept. clerical personnel and receptionist when needed. I have had excellent reviews over the years, been a punctual and caring employee, have not abused by sick benefits(Balance: 480 hrs.), scheduled vacations during weeks other than Planning Commission, City Council agenda weeks and Planning Commission meeting weeks, and have never had a public complaint reported against me. Now I suddenly run the risk of loosing my ten year pension and family health insurance. Finally, what confuses me the most is the sudden change of interpretation of the Personnel Policies that created this posting requirement. It was stated at the City Council meeting that reclassification was not in our union contract and therefore the Personnel Policy Handbook prevails. The Personnel Policy Handbook was adopted by City Council in March of 1980 and amended in 1990. It reads: "Immediately after receipt of a formal resignation or when a vacancy occurs due to promotion or authorization of a new position, the City Administrator will...authorize the Personnel Coordinator to post notice in all city work places for five (5)days,prior to advertising publicly. The City Administrator has the option to authorize advertising publicly commencing concurrently with the posting." I have not resigned. My position is not vacant. I have not been promoted to another job. This is not a newly created position. It is a title change. I am doing the clerical work for the Planning Dept.,just as I have done for the past five years. Iam in an established classification and would move to another established classification, if my responsibilities warrant. Never before has this interpretation covered reclassifications to mean the vacation of one position and the creation of another. In researching past city history, I cannot find one reclassification that was posted, in house or publicly. However, many reclassifications and/or title changes have occurred over the years, in all types of city employees- exempt, confidential, non-union, union alike. Some were accomplished as part of the pay plan or budget. (Please note that you have already approved the pay increase for my reclassification in the 1994 Planning Dept. budget.) Some changes were accomplished as part of a "reorganization"plan and some by Equity Pay TSP testing and some by the old forgotten method of the reclassification process. Following are a few examples of job reclassification and "newly created"title changes. Also noted are point value changes. (Union Clerk Typist II rates a 54- Union Secretaries a 56.) Year Type Old Title New Title Method 1994 Exempt City Planner Planning Dir. Pay Plan (90) (96) 1994 Exempt Asst. Adm/C.S. Asst. Adm/C.S. Pay Plan (90) (100) 1994 Confidential Exec. Sec. Exec. Sec. Pay Plan Non-union (62) (67) 1993 Confidential Secretary Legal Sec. Pay Plan Non-union (56) (61) 1992 Union Park Leadperson Maint.Worker Reorganization (56) (57) 1992 Union Hvy. Equip Op Maint. Worker Reorganization (57) (57) 1992 Union Lt. Equip Op Maint. Worker Reorganization (53) (57) 1992 Union Parkkeeper Maint. Worker Reorganization (53) (57) 1992 Non-union St. Foreman Maint. Sup. Reorganization (75) (75) 1992 Confidential Secretary B Secretary Pay Plan Non-union (?) (56) 1991 Confidential Secretary Exec. Sec. TSP Test Non-union (56) (62) 1990 Exempt Asst. Adm. Asst. Adm/C.S. Job Match (81) (90) There are many more and none of them were posted. In conclusion, I respectfully request that you either approve or deny my reclassification on your judgement of my job responsibilities and request that you do not subject me to job posting requirements that have never been used on city employees in past practice. Sincerely, a/yr:L., &tr.., Aggie Unze Clerk Typist II City of Shakopee !� NON-AGENDA INFORMATIONAL ITEM MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: August 12, 1994 RE: B & B Pawn v. City As most of you know by now, the lawsuit filed by Doug Bell and B & B Pawn against the City has been dismissed by the District Court Judge. She ruled that this case cannot be brought in district court, and that Mr. Bell must file for a writ of certiorari in the Court of Appeals . She also agreed with the City that cause existed to deny the license . "The record before the City Council amply demonstrated that there were facts to support the decision that was made . Consequently, the City' s actions were a reasonable exercise of that discretion, and should not be overturned by this Court . Clearly, the City has a high likelihood of success on the merits . " A complete copy of the Judge' s decision and Memorandum is attached for your information. If you have any questions about this, please let me know. Signed 410 , • L4(/ Karen Ma ty, Cit attorney KEM:bJ'm [12CCL] Attachments STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF SCOTT COURT HOUSE 212 SHAKOPEE MN 55379 612 496-8200 (OR) 612 445-7750 EXT. 200 NOTICE IN THE MATTER OF: CASE NUMBER 94-07569 TO: MARTY, KAREN PLAINTIFF - B & B SALES & SERVICE, INC. 129 S. HOLMES ST. VS. SHAKOPEE MN 55379 DEFENDANT - CITY OF SHAKOPEE BE ADVISED THAT (A/AN) ORDER SIGNED BY THE HONORABLE JEAN ANN DAVIES AND DATED AUGUST 2, 1994, WAS FILED IN THE OFFICE OF THE COURT ADMINISTRATOR ON AUGUST 2, 1994, AND A COPY OF SAID ORDER IS APPENDED HERETO. GREGORY M. ESS COURT ADMINISTRATOR I CERTIFY THAT A COPY OF THIS NOTICE WAS SENT TO THE ABOVE ADDRESS BY FIRST CLASS U.S. MAIL ON 1994/08-03. AUG. 0 4 1994 DEPUTY CLERK PILED STATE OF MINNESOTA AUG 0 21994 DISTRICT COURT COUNTY OF SCOTT SCOTT COUNTY COURTS FIRST JUDICIAL DISTRICT B & B Sales & Service, Inc. , Court File No. 94-07569 d/b/a B & B Pawn, and Douglas L. Bell, Plaintiffs-Petitioners, -vs- ORDER City of Shakopee, a municipal corporation and the Shakopee City Council, said Council consisting of Mayor, Gary Laurent and Councilpersons Michael Beard, Kris Dirks, Joan Lynch and Robert Sweeney and Judith Cox in her capacity as City Clerk, Defendants-Respondents. The above-entitled matter came on for hearing before the Honorable Jean A. Davies on Friday, July 8, 1994, at the Scott County Courthouse, City of Shakopee, State of Minnesota. Plaintiffs-Petitioners were represented by Daniel W. Voss, Esq. Plaintiff Douglas L. Bell was also present at this hearing. Defendants-Respondents were represented by George C. Hoff, Esq. Plaintiffs-Petitioners brought a motion seeking the relief of this Court concerning the denial of a pawn broker license by Defendants-Respondents. Specifically, Plaintiffs-Petitioners brought a Complaint for declaratory and injunctive relief, and a Petition for a Writ of Mandamus and a Writ of Certiorari. t Furthermore, Plaintiffs-Petitioners made a motion for the issuance of a Temporary Restraining Order against Defendants-Respondents. 1 By agreement of the parties, the Court's consideration of the issues was stayed pending .further action by the Shakopee City Council. • Plaintiffs-Petitioners reapplied for a pawn broker license on July 19, 1994, and were subsequently denied the issuance of a license by Defendants-Respondents. Now, therefore, based upon the evidence submitted by the parties, arguments of counsel, and the file and proceedings herein, IT IS HEREBY ORDERED: 1) Plaintiffs-Petitioners' entire Complaint/Petition is dismissed for lack of jurisdiction by this Court. 2) This matter should properly be reviewed only by Writ of Certiorari to the Minnesota Court of Appeals. 3) Plaintiffs-Petitioners' request for a Temporary Restraining Order against Defendants-Respondents is denied. 4) The attached memorandum includes the Court's findings and conclusions, and is incorporated by reference. BY THE COURT: Dated: August , 1994. Aa77ed Je A. Davies Ju ge of District Court 2 MEMORANDUM FINDINGS OF FACT The Plaintiffs-Petitioners (hereinafter "Plaintiff", or "he") seek to operate a pawn shop within the City of Shakopee ("the City") . Plaintiff was advised by letter of April 21, 1994, from City Clerk Judy Cox that he, along with all other pawn shop operators, would have to make application for, and receive, a pawn shop license, pursuant to Shakopee's Ordinance, in order to conduct his business. The operators were given until May 28, 1994, to comply with the terms of the Ordinance. See Exhibit B to Plaintiffs' Complaint. The Plaintiff applied for a license on June 1, 1994. His application was followed on June 6, 1994 , by a check for the license and investigation fee in the amount of $480. 00. The City's police department undertook an investigation of the Petitioner and his employees for the purpose of reporting to the City Administrative staff with respect to the need for all applicants to meet the criteria set forth in the Ordinance. The result of that investigation was a confidential report and recommendation by the police that the license to Petitioner not be issued. See Affidavit of Chief Tom Steininger. The reasons given were as follows: erection of illegal signs; high proportion of stolen items found upon the premises; illegal firearms transactions; inadequate documentation of motor vehicle transactions; inadequate record keeping to trace the source of the goods pawned; inadequate videotaping system; and items for sale 3 prior to expiration of the required holding period. Furthermore, one of the proposed employees was a minor and other employees had criminal charges and convictions. That report was transmitted to the City Council and to the City Attorney and Clerk, who then made a report to the City Administrator. Both reports and recommendations against issuance were before the City Council for consideration at its June 21, 1994 meeting. In addition to the report, the City Council was advised that the Plaintiff's check for investigation and license fee had been returned to the City for non-sufficient funds. They were also advised that the Plaintiff had brought in, prior to the meeting, the amount of $300. 00, which did not even cover the investigation fee required by the City. The City Council, by unanimous vote, denied the pawn broker license to the Plaintiff. LEGAL ARGUMENT The Plaintiff has pled alternative forms of relief in his Complaint, including a request for a Writ of Certiorari under MN Stat. §606. 01, et seq. In his Complaint, he states that the decision by the City Council was ". . .an abuse of administrative discretion" and "this cause of action is brought. . .to correct the proceedings of the City Council on June 21, 1994 . " Complaint, Paragraphs 27 and 25. The Plaintiff has correctly identified what he is trying to accomplish ("correcting", or changing, an administrative/quasi-judicial decision of the City Council) and has 4 correctly stated the only method for review of such decision, i.e. , by Writ of Certiorari. It is long settled in Minnesota that " . . .judicial review of the quasi-judicial decisions of administrative bodies, if available, must be invoked by Writ of Certiorari. Dietz v. Dodge County, 487 N.W. 2d 237, 239 (Minn. 1992) . In Dietz, the Plaintiff sued Dodge County on a variety of theories relating to her termination of employment. The Court held that the exclusive method for review of the County Board decision was by Writ of Certiorari. In explaining its decision, the Court stated: First, Dietz was not entitled by statute to appeal the decision by traditional means. The County, not having state-wide jurisdiction, is not subject to the Minnesota Administrative Procedures Act, Minn. Stat. §14 .02, Subd.2 (1990) , and no statute speci- fically provides appeal to the Courts from an administrative decision to terminate a County Nursing Home Administrator. [citation omitted] Second, because of the nature of the Board's action upon which this dispute centers, the standard of review on certiorari is more appropriate to review the exercise of the Board's discretion than would be the standard of review of an independent proceeding. . . .The cause of action alleged in Dietz' Complaint, would require the rights and liabilities of the parties to be fixed not by terms of the contract, but by the propriety of the County's exercise of discretion in terminating her. . . . The issue which Dietz would have the Court review meant scrutiny of the manner in which the County has discharged its administrative function; the very type of scrutiny that runs a grave risk of usurping the County's administrative prerogative. . . . [s]he has raised a threshold issue which at least arguably renders the County's termination decision quasi- judicial in nature, warranting the issuance of a Writ of Certiorari. [citation omitted] Consequently, absent express statutory authority vesting 5 judicial review of an agency decision in the District Court, the matter must be reviewed by .a Writ of Certiorari, over which the Court of Appeals has jurisdiction. Id. 237 N.W. 2d at 240; See Township of Honner v. Redwood County and Okins, et al. , No. C8-94- 659 (Minn.Ct.App. , Filed June 28, 1994) , July 1, 1994 Finance And Commerce Appellate Courts Edition, pps. 40-41. In the case before the Court, there is no statute which vests the District Court with the jurisdiction to review licensing decisions of City Councils . A decision to issue or not issue a pawn brokers license is discretionary, and thus, a legislative, or at the very least, a quasi-judicial decision of the City Council. It is analogous in many ways to liquor licenses. Liquor license decisions have long been recognized as a discretionary function of a City Council. Wajda v. City of Minneapolis, 310 Minn. 339, 246 N.W.2d 455 (Minn. 1976) ; Kayo Oil Company v. City of Hopkins, 397 N.W.2d 612 (Minn.Ct.App. 1986) ; Country Liquors, Inc. v. City of Minneapolis, 264 N.W.2d 821 (Minn. 1978) . Liquor sales, if not properly regulated and licensed, are clearly potential sources of nuisance and problems for communities, including drunkenness, disturbance of the peace and other destructive and unlawful behavior. Similarly, the decision on who is fit to hold a pawn brokers license, with the attendant concerns about receipt of stolen property and other potentially harmful activities, should be 1 Note, by contrast, that MN Stat. §462. 361 expressly provides for District Court jurisdiction over land use decisions. 6 accorded similar status2. Clearly, the decision as to whether or not to issue a pawn brokering license is a discretionary one with the City Council, and challenge to that decision is similar to the challenge mounted in Dietz v. Dodge County. Given the nature of the City's decision, that decision may be by reviewed, if at all, onlyWrit of Certiorari to the Minnesota Court of Appeals. Therefore, this Court is without jurisdiction and the Complaint and Petition should be dismissed. The Plaintiff is also asking that the Court issue a Writ of Mandamus, pursuant to MN Stat. Chpt. 586, compelling the City of Shakopee to issue the pawn broker's license. Such a writ may not issue under the clear language of the statue and the case law interpreting it. MN Stat. §586. 01, provides: The Writ of Mandamus may be issued to any inferior tribunal, corporation, board or person to compel the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station. It may require an inferior tribunal to exercise its judgment or proceed to discharge any of its functions, but it cannot control iudicial discretion. (emphasis added) In this case the City Council is exercising its discretion in 2 McQuillan's Municipal Corporations at §26. 123, states: "The law recognizes that the business of a pawn broker is of such character as to require rigid police supervision; and as a means to this end, a permit or license to conduct such business may be required." Further in that section, it provides: "The grant or denial of pawn brokering or money lending licenses generally rests with the discretion of municipal authorities subject to a standard imposed by Ordinance. " Minnesota has, for almost 100 years, recognized that cities have the discretion to regulate pawn brokers. See City of St. Paul v. Lytle, 71 N.W. 703 (1897) . 7 passing on the fitness of the Plaintiff and his business establishment to conduct a pawn business. The Plaintiff recognizes that an exercise of discretion is required, when he claims that there has been an abuse of "administrative discretion." Thus, even by the Plaintiff's own pleading, he is admitting that what he is attempting to do is to have the discretion of the City controlled and directed by this Court. Clearly, a Writ of Mandamus cannot be used to control a discretionary act3. Consequently, the petition for writ must be dismissed. Even if the Court had determined that mandamus may remain as a viable cause of action, no writ may issue at this time. MN Stat. §586.06 provides specifically that if the writ is denied by answer, then the writ may not issue and the matter proceeds as any other civil case. In this case, the City has filed its answer factually and legally denying the claims of the Plaintiff, and the writ may not issue without full trial and hearing on disputed issues of fact and law. The Plaintiff further has before the Court a motion for a 3 If the City Council had refused to make a decision on the Application, the Court may be able to order that a decision be made, but it may not direct how the City is to exercise its discretion. The Minnesota Supreme Court, in the case of State ex rel Howie v. Common Council of Northfield, 101 N.W. 1063 (1904) held that with respect to a license to sell intoxicating liquor, the City Council was acting judicially, and not ministerially, and their action cannot be controlled or reviewed by Mandamus. Id. at 85. The Court went on to say that "Mandamus will not lie to compel the approval of an Application, whereas in this case, the granting or refusing of the same involves an exercise of judgment and discretion on the part of the Council. Id. at 86. 8 Temporary Restraining Order (hereinafter TRO) . As set forth above, the matter is dismissed in its entirety for lack of jurisdiction. However, this request for a TRO is also denied on its merits. Under Rule 65. 01, a TRO may issue only if "specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result. . . " Thus, the threshold burden for the Plaintiff is a showing of immediate and irreparable injury if no TRO is issued. If that steep burden can be overcome, the Court must then examine the motion in light of the five factor Dahlberg test, which has been held to apply to the issuance of TRO's. Eakman v. Brutger, 285 N.W.2d 95 (Minn. 1979) . The five Dahlberg factors are: 1. The nature of the relationship between the parties before the dispute giving rise to the requested relief; 2 . The harm to be suffered by the moving party if the Temporary Injunction relief is denied, as compared to that inflicted on the non-moving party if the Injunction issues pending a Hearing; 3 . The likelihood of success on the merits; 4. The public interest; and 5. Administrative burdens in enforcing a Temporary Decree. Dahlberg Bros. Inca v. Ford Motor Co. , 137 N.W.2d 314, 321-22 (Minn. 1965) . In analyzing these factors, it is clear that a TRO would not issue, regardless of the above findings. • First, the parties to this action are that of license applicant and issuing city. There is nothing in particular in the relationship which establishes a relationship favoring or implying 9 that a license should be issued. Second, the Plaintiff claims that he will suffer irreparable harm if the license is not issued immediately. It is obvious that the City found his Application wanting in several respects, including the retention of certain employees, receipt of stolen property and equipment deficiencies. The Plaintiff reapplied for consideration by the City Council. Apparently, he felt he had corrected the deficiencies in his operating systems and that he would now be able to qualify for a license with the City. The Plaintiff was in fact denied a license upon his reapplication. The obvious purpose of the record keeping and videotaping systems is to avoid receipt of stolen property, and if it is so received, to appropriately apprehend those selling the items. Without those appropriate systems in place, the likelihood of harm to the public interest because of an inability to track stolen property and apprehend thieves, is increased. Thus, the harm that can be suffered by the citizens of the City, and the surrounding area, if the Plaintiff is allowed to operate without proper safeguards, is great. This harm to the public outweighs Plaintiff's claim of harm concerning loss of potential income4. Third, the likelihood of success on the merits clearly weighs in the City's favor. Looking at the affidavits and verified petitions that have been presented, the Court is faced with a 4 Minnesota Courts have typically denied Injunctions, even against revocations of liquor and entertainment licenses, in the face of arguments that the Plaintiff's livelihood would be cut off. See Hvmenson v. City of St. Paul, 329 N.W.2d 324 (Minn. 1983) ; Moskovitz v. City of St. Paul, 16 N.W.2d 745 (Minn. 1944) . 10 situation in which the City Council was presented with information from a trained investigator. which found the applicant lacking in several areas, including failure to have proper equipment to safeguard against stolen property, criminal convictions of proposed employees, employment of a minor, a high proportion of stolen goods found on the premises, presentment of an NSF check, and sign violations. The Plaintiff, in opposition to these accusations, claims that he stood up at the June 21, 1994 , City Council Hearing and generally countered the report that was presented. See Paragraphs 14 and 15 of Plaintiff's Affidavit. The City Council heard Plaintiff's testimony, and rendered its decision based upon the facts before them. The City Council, in making this licensing decision, was exercising its judgment and discretion. The Court, in ultimately reviewing any decision by the City Council, will have to determine whether or not there was a reasonable exercise of discretion. The record before the City Council amply demonstrated that there were facts to support the decision that was made. Consequently, the City's actions were a reasonable exercise of that discretion, and should not be overturned by this Court. Clearly, the City has a high likelihood of success on the merits. Fourth, the clear public interest favors withholding any injunctive relief until the matter is fully litigated. The Plaintiff and the City are claiming somewhat different things (i.e. Plaintiff says he has the proper tracking system, the City says he 11 does not) . As previously mentioned, if Plaintiff is allowed to operate, he could do harm. to the public by taking in stolen merchandise and otherwise harming the public good by not properly accounting for the items pawned. The City should not be subjected to the threat of an inappropriate business operation which can potentially assist in the disposition of stolen merchandise on any sort of temporary basis. Finally, the Court would possibly face undue administrative burdens by entering a TRO. Essentially, the Court will have to administer the City's Ordinance by determining if the Plaintiff is demonstrating ongoingcompliance with its Order, which would invariably have to incorporate the provisions of the Ordinance designed to safeguard the public. CONCLUSION The Plaintiff's entire Complaint/Petition should be dismissed for lack of jurisdiction by this Court. Furthermore, the Plaintiff's request for a Temporary Restraining Order should be denied. The proper forum for review by Writ of Certiorari is the Minnesota Court of Appeals. J.A.D. 12 A TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 16, 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent 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 Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approve Minutes of July 12th, 19th, and 26th, 1994 8] Communications: *a] Nancy Meyers regarding secondhand dealer's license 9] 7 : 00 P.M. PUBLIC HEARINGS: a) Vacation of a portion of Hauer Trail lying east of Jasper Road - Res. No. 4056 b] Vacation of easements lying within Cretex Industrial Park 1st Addition - Res. No. 4062 c] Sewer and water improvements to Vierling Drive between Adams Street (CR-15) and Presidential Lane, Project No. 1994-7 - Res. No. 4057 d] Appeal from Don Weber of Can AM Recreational Vehicles of the Shakopee Board of Adjustment and Appeals' denial of a variance from the sign ordinance - Res. No. CC-689 10] Recommendations from Boards and Commissions: a] Community Center - Lifetime Fitness *b] Rezoning request of Gold Nugget Development, Inc. for property lying between Apgar and Spencer and south of the Upper Valley drainage ditch, Ordinance No. 382 c] Amendment to the Zoning Map - Amend the Boundaries of the Floodplain to Exclude Portions of Valleyfair - Ord. 383 *d] Amending the 1994 Park & Recreation Budget - Res. 4046 TENTATIVE AGENDA • August 16, 1994 Page -2- 10] Recommendations from Boards and Commissions continued: *e] Preliminary & Final Plat of Scherer South, lying north of 4th Avenue and west of Certainteed, Res. No. 4061 f] Flood Plain Zoning and Industrial Mapping - Ord. 384 11] Reports from Staff: a] Danny's Construction Remnant Parcel - Res. No. 4066 b] Shiely Dewatering Permit c] Murphy's Landing Feasibility Report d] Apgar Street/Fuller Street *e] Registered Land Survey - Rutt Property *f] Acting City Clerk - tabled 8/2 *g] Approve Bills in the Amount of $615, 471 . 73 h] City Hall Staffing Issues - tabled 8/2 iJ Amendment to Murphy's Landing Lease *jJ Declaration of Surplus Vehicles *kJ Employment Resignation - Jeff Swenson 12 ) Resolutions and Ordinances: *a] Res. No. 4055 - Establishing An Enterprise Fund For Refuse Collection *b] Res. No. 4059 - Amending The Fee Resolution *c] Res. No. 4060 - Appointing Election Judges d] Res. No. 4044 - Awarding Bids On Improvements To Vierling Drive From CR-15 To Presidential Lane, Project No. 1994-7 - tabled 8/2 *e] Res. No. 4058 - Setting Public Hearing on Stormwater Improvements to Northern Shakopee, Project No. 1995-1 *f] Res. No. 4065 - Apportioning Assessments for Monnens Addition 13 ] Other Business: a] Set Committee of the Whole for August 23rd at 5: 00 p.m. b] c] 14] Adjourn Dennis R. Kraft City Administrator REMINDER: Future COW meetings : August 23 , 25 , and 30, at 5 : 00 pm y r OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 12, 1994 Mayor Laurent called the meeting to order at 7: 00 PM with Cncl. Lynch, Beard, Dirks and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Nummer, Civil Engineer, and Judith S. Cox, City Clerk. Councilmembers added to the agenda 15a) Planning Commission Appointments; 15b) Downtown Re-Development Update; 15c) County Courthouse and Administration Office Relocation and 15d) Shakopee Rotary Club Premises Permit. Staff deleted from the agenda 13b) Murphy's Landing Bill. Beard/Sweeney moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7: 03 p.m. for an HRA meeting. Mayor Laurent reconvened the City Council meeting at 7:40 p.m. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. Mr. Layman invited the City Council to the second annual block party on East 8th Avenue, Saturday July 23 . He stated that the street will be blocked off and everything would be provided by the neighborhood. Councilmembers added to the consent business: 13e) Shakopee Derby Days; 15a) Planning Commission Appointments and 15d) Shakopee Rotary Club Premises Permit. Councilmembers deleted from the consent business: 12a) Transit Vehicle Procurement, 13k) Request for Permanent Easement - U.S. West; and 131) Fuller Street Consultant Services. Sweeney/Lynch moved to approve the consent business as modified. Mayor Laurent stated that he would be abstaining from 13g) Rural Plats - Time Extensions. Cncl. Dirks stated that she would be abstaining from 13e) Shakopee Derby Days. Motion carried unanimously. Sweeney/Lynch moved to approve the Minutes of June 7th, 21st and 28th, 1994 . (Motion carried under consent business. ) Official Proceedings of the July 12 , 1994 Shakopee City Council Page -2- Ms. Cox gave a presentation on the request from the MN Coalition of Scottish Clans for a temporary liquor license at Murphy's Landing. She stated that the catering would be done by Irish Well in St. Paul and they are asking Council to very from City Code. She also explained that they would like the insurance requirements changed so that only the caterer need provide proof of liquor liability. Ms. Marty suggested adding to the code regarding the caterer; that the caterer must be a local business unless there is no local provider for the type of event involved. She stated since the variance is under statutory procedure there is no requirement for a public hearing. Rod MacRae, Chief Celtic Festival, commented that he appreciated the council's action in this matter. Sweeney/Lynch moved to direct Staff to rewrite the Ordinance for temporary liquor license as discussed. Motion carried unanimously. Mayor Laurent opened the public hearing at 8 : 24 p.m. Mr. Ekola gave a presentation on the Shiely Company's request to have the hours of operation changed to 6 a.m. to 7 p.m. He stated that the Board of Adjustments and Appeals reviewed this in May and the motion for approval failed. Mark Suel, representative of Shiely Company, commented on the letter of July 7, 1994 to the Mayor. He stated that Shiely is the only mining company in the mining district and that their neighbors were land users, not residential. He commented that the safeguards for the City are covered under the conditional use permit. Jon Albinson, Valley Green Business Park, commented on the legal descriptions used by Shiely to describe their operations for the variance as compared to their conditional use permit. He said the legal in the variance application is beyond the scope in CUP-375 and may be an issue in the future if not the same. Mark Suel explained that the one hour increase would be for internal hauling and not for blasting. He stated that the legal description given to council by Shiely could become valid in 20 days under a variance that is in the process at this time. He stated they would conform with the existing conditional use permit if that was council's wish. Mayor Laurent closed the public hearing at 8 : 36 p.m. Mr. Kraft stated that amending the code to allow in the I-2 district an extension of hours would bemore applicable. r Official Proceedings of the 12 , 1994 g July Shakopee City Council Page -3- Council discussed the Planning Commission's review of this subject. Sweeney/Beard offered Appeal Resolution No. CC-687, A Resolution Approving a One Hour Variance to the 7: 00 a.m. to 7: 00 p.m. Restriction to the Hours of Operation for Mining, and moved its adoption. Cncl. Sweeney stated he would speak against:the motion. Ms. Marty stated that if the ordinance was to be rewritten it would then need to go back to Planning Commission and have a public hearing according to State Law. Motion failed with Cncl. Dirks and Mayor Laurent in favor of the motion. Sweeney/Lynch moved to eliminate the hours of. operation requirement from the mining section of the zoning ordinance in the I-2 zone. Cncl. Beard stated that he would like the Planning Commission to review this at the first hearing in August so council could act on it by August 16th meeting. Motion carried unanimously. Ms. Marty informed Shiely that they should get their application in to amend their conditional use permit before the August meeting. (It also limits the hours of operation. ) Cncl. Sweeney asked who Mr. George Bentley was and why the City should pay him to take State money. Cncl. Beard explained that Mr. Bentley served with him on the Transportation Coalition and he is highly regarded in the transit community. With regards to obtaining funds for transit vehicle procurement, Mr. Stock indicated that this procedure was complex and that Mr. Bentley is considered a professional in this type of transaction; and that Staff just does not have the time to do it. Beard/Lynch moved to direct staff to work -with Minnesota Valley Transit System through their vehicle procurement process and utilize the services of Mr George Bentley to assist us in our efforts to obtain capital funding. Motion carried unanimously. Ms. Cox gave a presentation on the insurance policy for Body Art Tattoo License as required by the City Code. She stated there was one part of the insurance lacking dealing with the liability arising out of transmission of communicable diseases. She explained that there is no insurance company in America that will r Official Proceedings of the July 12 , 1994 Shakopee City Council Page -4- cover the transmission of communicable disease under a professional insurance policy for tattooing. Council could either amend the City Code to remove this requirement or set a public hearing to consider suspension or revocation of the license. Sweeney/Lynch moved to direct Staff to amend the City Code by removing the requirement of professional liability coverage for communicable diseases for a tattoo license because it is unobtainable. Ms. Marty stated that Minneapolis does not require insurance but they have a bond requirement. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a break. Mayor Laurent reconvened the City Council meeting at 9 : 25 p.m. Mr. Ekola gave a presentation on the expansion of Universal Forest Products. Mr. Stock explained that Universal Forest is concerned about the assessments for the improvements to Viking Steel Road. Staff did investigate using tax increment financing to assist them in their expansion to pay for some potential public improvements on Viking Steel Road. He stated that current policy allows for three years of tax increment. The expansion costs would be approximately $2-3 million. Mayor Laurent commented that this would be good use of TIF funds. He stated that the 50 employee requirement might be too high. Cncl. Sweeney expressed concern for the cost to set up a small TIF District and suggested incorporating this project into the existing TIFdistrict #4 . Sweeney/Beard moved to direct staff to investigate a funding mechanism for reducing the assessment costs of Viking Steel Road to Universal Forest Products to the level of the benefit to the property. Motion carried unanimously. Sweeney/Beard moved to change Exhibit "A" to include the existing I-1 and I-2 zoning districts within the City lying South of the centerline of Highway 101 and 169 and North of the proposed Shakopee Bypass, except Valleyfair and Peavey properties. [Exhibit "A" is an attachment to a memo dated July 6, 1994 from Lindberg Ekola, Planning Director, regarding Universal Forest Products Relocation (City Clerk Document No. 211) . ] r • t Official Proceedings of the July 12, 1994 Shakopee. City Council Page -5- Discussion followed on whether or not the area should include the new bypassas a southerly boundary and whether or not it should include Rahr. Mr. Ekola explained that there are some controversial areas within the area defined. He suggested limiting the property for Council consideration in adopting a portion of the new zoning map to include the Shiely property, the area North of 4th Avenue, South of Highway 101 and East to the edge of the Shiely property. He stated that this area would address the industrial concerns before the Council at this time. Cncl.Sweeney. .stated that his motion was intended to include the area in the Maras Street area. He said that Council also needs to address the property in the Maras Street area, because there are licenses that are dependent upon the zoning in this area. Motion withdrawn. Sweeney/Beard moved to direct staff to redraft Exhibit "A" to include the areas discussed and to proceed with setting the public hearing for the Planning Commission to consider adopting a portion of the new zoning map. (Includes the area South of Highway 101 and 169, North of the Bypass, Maras Street area, Shiely and Rahr properties. Motion carried unanimously. Mr. Nummer gave a presentation on the downtown streetscape project. He stated that Staff has received three bids for the project although the bids were higher than staff had expected. He stated that the sewer and water and street lighting came in much higher and the street portion came in about 11 percent higher. Mr. Nummer stated that if the bids were rejected at this time they could be put together with another project and rebid. Estimated time of completion on the project would be October if the project went forward. Mr. Nummer explained that any work done on First Avenue would need a right of way from the State since it is currently a State Highway. Mayor Laurent stated that he received a letter from Ed Dressen who stated he would like the project to be completed. Duane Wermerskirchen, Real Gem, reiterated that he had commented at the last public hearing that First Avenue should be highest priority and then the alleys. He stated that he is planning to remodel and upgrade his storefront but wants this project completed first. He was in favor of getting the project finished now. Dave Jansen, Valley Sports, stated that he talked to one of the contractors who needed work and was surprised at their bid, however he did not feel the city would get better bids next year. Official Proceedings of the July 12, 1994 Shakopee City Council Page -6- Bill Schroers, Tole Bridge, commented that he would like to remodel his store and upgrade his storefront and would like to see the project completed. Gary Turtle, Turtles Bar & Grill, wanted the project completed. Bruce Garness, Shakopee Bakery, wanted the project completed. Ralph Olson, Lathrop Paint Supply, wanted the project completed. Lynch/Dirks offered Resolution No. 4036, A Resolution Accepting Bids on the Downtown Streetscape - Phase II, Project No. 1993-12 and moved its adoption. Cncl. Sweeney stated that he would vote against the motion due to the high costs. Motion carried with Cncl. Sweeney dissenting. Dirks/Beard moved to direct staff to solicit feedback and collect data on other communities' requirements for bidding and engineering requirements involving public improvements so that Council will have an opportunity to review staff's recommendations and make any necessary changes in time for bidding projects for 1995. Motion carried unanimously. Sweeney/Lynch moved to permit the sale of goods on public property including Downtown Sidewalks, Lions Park and the Second Avenue Parking Lot. (Motion carried under consent business with Cncl. Dirks abstaining. ) Sweeney/Lynch moved to grant permission to utilize Public Works maintenance crews to assist in preparing for the celebration and to assist in clean-up following the event. (Motion carried under consent business with Cncl. Dirks abstaining. ) Sweeney/Lynch moved to grant permission to waive pool admission fees on Saturday, August 6th. (Motion carried under consent business with Cncl. Dirks abstaining. ) Sweeney/Lynch moved to grant permission to close the Northern half of Lewis Street between Second Avenue and Third Avenue and the Second Avenue parking lot for the Taste of Shakopee. (Motion carried under consent business with Cncl. Dirks abstaining. ) Sweeney/Lynch moved to grant permission to close the Southern half of Lewis Street between First and Second Avenue for the Downtown Sidewalk Sale. (Motion carried under consent business with Cncl. Dirks abstaining. ) • Official Proceedings of the July 12 1994 Shakopee City Council Page _7_ Sweeney/Lynch moved to accept the Metropolitan Waste Control Commission's offer of $244 . 22 and authorize the appropriate-City officials to execute the temporary construction easement with Metropolitan Waste Control Commission for Outlot E ofii:Ki larney Hills for purposes of constructing the Chaska Interceptor. - (Motion carried under consent business. ) Sweeney/Lynch moved to approve a one year time extension from July 12, 1994, for Westridge Lake Estates, Maple Trails _Estates, Stonebrooke 1st Addition, Horizon Heights 4th Addition, Dominion Hills and Stonebrooke 2nd Addition preliminary plat approvals. (Motion carried under consent business with Mayor Laurent abstaining. ) Sweeney/Lynch moved to approve a 180 day time extension from July 12, 1994, for the recording of the final plat for Stonebrooke 2nd Addition. (Motion carried under consent business with Mayor Laurent abstaining. ) Sweeney/Lynch moved to authorize the appropriate City officials to submit an application and execute an agreement with Scott- County for the purchase of additional residential recycling bins. (Motion carried under consent business. ) Sweeney/Lynch moved to accept the 1993 Comprehensive Annual Financial Report. (Motion carried under consent business. ) Sweeney/Lynch moved to approve bills in the amount of $548, 303 .57. (Motion carried under consent business. ) Cncl. Sweeney stated that the diagram indicating the easement request by US West over SPUC property is not accurate and: he did not feel this easement should be in such a location so that the City could not use the property. He stated that the easement could be placed in the street to not interfere with future development of the property. Cncl. Sweeney felt it should not be granted for $1. Mr. Stock stated that staff would propose an amendment with US West that in the event that the existing cable needed to be relocated it would be done at their cost. Sweeney/Lynch moved to direct staff to develop an .appropriate wording for the easement (requested by U.S. West across City property East of the Shakopee Public Utilities Building) ., Motion carried unanimously. Sweeney/Beard moved to direct staff to negotiate a more: realistic price for the easement requested by U.S. West similar to what US West might pay someone other than the City of Shakopee Motion carried unanimously. r . y Official Proceedings of the July 12 , 1994 • Shakopee City Council Page -8- Jon Albinson commented that if the city could get US West to relocate at their expense that would be a good idea. He stated that US West usually gets 40-50 percent of the fee value for these rights. In regards to authorizing execution of a proposal for design services for the Fuller Street realignment and Community Center site. grading, Cncl. Sweeney stated that the Memorandum of Understanding from the County is not in front of Council at this time and he would not proceed until that memo is furnished. He stated the memo should contain the City's expenditures and the reduction of the City's share of the municipal improvements on the County Road. He stated he would be opposed to including any reference to the community center in this agreement. Mr. Nummer stated that Mr. Hutton is working with the County on the Memorandum of Understanding but they have not completed it. He discussed the topography of the land for the community center. Mr. Nummer informed Council that currently contractors are placing excess fill on the site to bring the bottom end level. Sweeney/Beard moved to table the proposal for the design services for the Fuller Street realignment site grading pending the receipt of the Memorandum from the County Board. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to execute a proposal from Orr-Schelen-Mayeron & Assoc. , Inc. to provide design engineering services for the Viking Steel Road Project No. 1994-10, at a not-to-exceed figure of $95, 100.00. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the appropriate City officials to execute any necessary service and maintenance agreements for the upgrade of computer communications equipment with U.S. West. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 4034, a Resolution Setting the Public Hearing Date to Consider the Vacation of Hauer Trail East of Jasper Road, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 4035, a Resolution Accepting Bids on the 1994 Sidewalk Program, Project No. 1994-3 and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize a contingency in the amount of 10% of the bid for use by the City Engineer in authorizing change orders or quantity adjustments for this project. (Motion carried under consent business. ) r Official Proceedings of the July 12, 1994 • Shakopee City Council Page -9- Sweeney/Lynch offered Resolution No. 4040, a Resolution Prohibiting :Parking --on Vierling Drive (MSAS 106) from County Road 15 to Presidential Lane, Project No. 1994-7 and moved its adoption. (Motion- carried under consent business. ) Sweeney/Lynch offered Resolution No. 4041, a Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. (Motion carried under consent business. ) Mr. Stock :stated that 14 letters were sent out for solicitations of bids suggesting that Council was looking at possibility of using tax -increment to use to pay for up front acquisition costs and possibly demolition costs for property North of 1st Avenue. He stated that only 1-2 expressed any interest in the project. Mr. Stock stated that most of the contractors stated this project was too small and would need to put it together with something else. Cncl. Dirks stated that the Council should be aware of the sites being considered for the relocation of the Courthouse Administration due to the jobs and the location within the City. She stated there are approximately 400 employees at the Courthouse at this time. Mayor Laurent stated that he has expressed to St. Francis and to the County, that the city would like for the courthouse to remain within. Shakopee. Mr. Kraft stated that he discussed with the County Administrator his concern of the courthouse leaving the city. He stated that it would not only be the courthouse moving but possibly other businesses that deal with them on a daily basis. He stated that staff isreviewing the possibility of using TIF to write down the cost of the existing hospital land. Cncl. Beard suggested preparing a letter or resolution to submit to the County Board expressing Council's intentions to keep the Courthouse in Shakopee. Mayor Laurent was asked to follow-up. Mayor Laurent adjourned the meeting to July 26, 1994 at 7:00 p.m. Meeting adjourned at 11:00 p.m. • th .S. Cox ty Clerk Debra Zabel Recording Secretary r OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 19, 1994 Mayor Laurent called the meeting to order at 5 : 00 p.m. with Cncl . Lynch, Beard and Sweeney present with Cncl . Dirks absent . Also present were : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Karen Marty, City Attorney; Lindberg Ekola, City Planner; Dave Nummer, Civil Engineer; Judith S. Cox, City Clerk; Tom Steininger, Chief of Police; Mark Erickson, Assistant City Attorney; Gregg Voxland, Finance Director; and Paul Bilotta, Senior Planner. Sweeney/Lynch moved to approve the agenda. Motion carried unanimously. Mayor Laurent suggested taking the agenda out of order going to item 5) B & B Pawn Shop License. Ms. Marty gave a brief presentation of the circumstances around the requested license by Douglas Bell . She stated that this pawnshop was not in compliance with the City Code and that a license was denied previously by Council . Mr. Dan Voss, Esq. , representing Mr. Bell, informed Council that Mr. Bell has updated his computer software and paid the licensing fee to be in compliance with the City Code. He stated that under his direction Mr. Bell reopened his store the following day he was refused a license by the City Council to return goods to the original owners, but not to sell or purchase any goods . Mr. Johanson, Esq. , representing Mr. Bell, described the unlawful detainer action against Mr. Bell and the outcome of that hearing. He stated that Mr. Bell is current on his rent and would be remaining at his current residence. A complete verbatim transcript of this proceeding is attached to the minutes . Sweeney/Beard offered Resolution No. 4046, a Resolution of the City of Shakopee, Minnesota, denying a business license to Douglas Lewis Bell to operate as a pawnbroker, and move its adoption. Motion carried unanimously. Beard/Sweeney moved to refund the applicant the application fee. Ms . Marty stated that under the City Code there is very restricted provisions to returning application fees, however there is no such provisions in the business section of the Code . Cncl . Lynch stated that the application fee should not be refunded due to the work spent on this license by Staff and the money should remain with the City. • Official Proceedings of the July 19, 1994 Shakopee City Council Page -2- Motion failed unanimously. Mayor Laurent recessed the City Council meeting at 5 :25 p.m. for an H.R.A. meeting. Mayor Laurent reconvened the City Council meeting at 5: 58 p.m. Lynch/Beard moved to approve Ordinance No. 380, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 5, Liquor, Beer and Wine Licensing and Regulation, by Repealing Sec. 5.36, Temporary Liquor License, and enacting One New Section In Lieu Thereof Relating to the Same Subject, and moved its adoption. Motion carried unanimously. Sweeney/Lynch directed staff to order a benefit appraisal for property abutting Sarazin Street between Highway 101 and 4th Avenue. Motion carried unanimously. Mayor Laurent adjourned the City Council meeting at 6 : 00 p.m. to Tuesday, July 26, 1994 at 7: 00 p.m. . u ith S. Cox y Clerk Debra Zabel Recording Secretary OFFICIAL" PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 26, 1994 Mayor Laurent called the meeting to order at 7 : 06 PM with Cncl. Lynch, Beard, Dirks and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Dave Hutton, Public Works Director. Sweeney/Lynch moved to approve the agenda. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7: 06 p.m. for an HRA meeting. Mayor Laurent reconvened the City Council meeting at 7: 30 p.m. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's report. Marge Henderson spoke in regards to the Community Center stating that there was still no market study or operational analysis and that the citizens deserved to see this information. She presented a petition to Council for a binding agreement. Douglas Bell, B & B Pawnshop, discussed certain allegations that were made at the last hearing where his license was denied. He stated that the alleged problem with SPUC was not an accurate depiction of the facts and that his check had not been returned. He discussed the amount of stolen items referred to in Council's memo stating that based on 2400 transactions only five stolen items were returned. Cncl. Sweeney stated that since litigation is pending with Mr. Bell through a case at the court level that Council should not discuss further negotiations with Mr. Bell. He stated that Mr. Bell should not be displaying other business owners documents in public. Mayor Laurent explained the litigation process and that Council should not be discussing this item with Mr. Bell until that is resolved. He stated that Mr. Bell should have his counsel present if he would like to bring this matter on the agenda. Ms. Marty stated that the SPUC check had gone through and that should not have been in the memo to Council. Mayor Laurent stated that council would receive the information from Mr. Bell however, they would not discuss it at this time. Joe Zak commented on the Community Center and the "misinformation" in the Newsletter, such as, the 2/1 margin of the Shakopee community in favor of the community center. He stated that he had r Official Proceedings of the July 26, 1994 Shakopee City Council Page -2- a petition signed by 1300 people against the proposed community center. Theresa Walsh, 120 7th Avenue, stated that the Referendum was defeated and therefore the community center should not be built. She stated that Council should have another Referendum vote. Jon Engel, 691 Menke Avenue, commented that unless the citizens know the facts of the community center they should not be voicing misinformation and getting other citizens against the project. He stated that these opposed citizens should come up with an alternative for the use of the TIF funds. Jeff Henderson stated he would like more information on the costs of the community center and get the citizens more involved in the process. Mike Mobley, 838 East 4th Avenue, asked about an easement on his property and what was happening with the mapping. Ms. Marty stated that this is not a zoning ordinance problem but rather a subdivision problem and she would have a memo on the table at the next meeting. Mayor Laurent clarified some of the accusations concerning the community center: there is an intent of Council to do a feasibility and market study; it is not an option to build only half a facility; and TIF funding cannot be placed on the Referendum. He stated that Council has only raised the City taxes 3 . 6% over a five year period. Beard/Sweeney moved to approve the consent business. Motion carried unanimously. Mayor Laurent opened the public hearing on paving the alley in Block 51, Original Shakopee. Mayor Laurent stated that the notices sent to the public stated curb and gutter, however, there is only pavement being proposed on the project. Mr. Hutton stated this project was petitioned for by the residents of this alley and gave a brief description of the project. There were no comments from the audience. Mayor Laurent closed the public hearing. Beard/Sweeney offered Resolution No. 4045, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the Alley in Block 51, Original Shakopee Plat, Project No. 1994-14, and r Official Proceedings of the July 26, 1994 Shakopee City Council Page -3- moved its adoption. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4038, A Resolution in Support of the City's Participation in the Minnesota Outdoor Recreation Grants Program, and moved its adoption. (Motion carried under consent business. ) Cncl. Sweeney asked why the request by Midwest Commercial Development would require a Comprehensive Plan Amendment instead of a rezoning. Ms. Marty commented that this is under State Statute. Mr. Ekola stated that the Planning Commission reviewed the request and found it was inconsistent with the Comp Plan and recommended denial of the project. Cncl. Sweeney stated that if changing this Comp Plan would involve the Met Council's consideration that Council should deny the project. Mr. Ekola stated that he could bring back the criteria of the Met Council for amendments to the Comp Plan. Beard/Lynch offered Resolution No. 4047, a Resolution Approving the Comprehensive Plan Amendment and moved its adoption. Motion failed unanimously. Sweeney/Beard moved to direct staff to meet with developers concerning comments made by Council about this project. Mr. Ekola stated that the developer has discussed these issues with the Planning Commission and will be requesting a PUD for a 6 1/2 acre lot to mix with the residential area. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4048, a Resolution Approving the Preliminary and Final Development Plan for Prairie Bend, and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney offered Resolution No. 4049, a Resolution Approving the Preliminary Plat for Prairie Bend, and moved its adoption. (Motion carried under consent business. ) Mr. Hutton gave a brief presentation of the request by Cletus Link for reimbursement for engineering costs for the South Parkview Development. He stated that a replatting of the subdivision would be necessary to construct this portion. He stated that the streets were originally designed in 1985 and would need to be redesigned. Mr. Hutton stated that possibly Mr. Link will be getting enough r Official Proceedings of the July 26, 1994 Shakopee City Council Page -4- benefit with the extra lots he will be receiving from the realignment of Vierling._ Drive to offset redesign costs. Cncl. Sweeney stated that when definite costs and benefits were determined then Mr. Link should bring his request back to Council. Cletus Link, 1216 Jefferson Street, stated that he did not do this project earlier due to *the assessment costs. He stated that he could put in sewer and water cheaper than the City could. Sweeney/Lynch moved to direct staff to enter into discussions with Mr. Link to determine additional expenses incurred in replatting and to determine benefits derived, ie additional lots, and report to City Council as to whether or not there is a net loss to the developer as a result of the realignment of Vierling Drive. Motion carried unanimously. Sweeney/Lynch moved to support a reimbursement to the developer in the event of a net loss as a result of that replatting. Motion carried unanimously. Mr. Hutton explained that Vierling Drive was vacated, the excess land was given to Mr. Link by the City and the City now needs a right of way from Mr. Link on the South. He stated that the deeds were prepared. Mr. Hutton explained that without sewer and water on this project Mr. Link could not develop. He stated that the bids are open but not awarded and it will be assessed, with the City paying for its portion. Cncl. Sweeney suggested that Mr. Link negotiate these items with staff. Sweeney/Lynch moved to table items 13b [Vierling Drive Excess Right-of-Way Conveyance] and 13c [Vierling Drive Sewer & Water Petitions, Res. 4039] until Mr. Link has had an opportunity to discuss this matter with staff. Motion carried unanimously. Bruce Theis was concerned with a ditch at the end of his father's (Norbert Theis) property that connects to Mr. Link's property. Mr. Hutton stated that either staff could obtain an easement from Mr. Theis to run the storm sewer to the end of the road or stop before getting to Mr. Theis's property. He stated he has not had an opportunity to speak with Mr. Theis but would do that before the next meeting and bring back information to Council. Mr. Ekola stated that staff is looking at a portion of Mr. Theis's property for an extension of Tahpah Park. Official Proceedings of the July 26, 1994 Shakopee City Council Page -5- Mayor Laurent recessed for a short break. Mayor Laurent reconvened the City Council meeting. Beard/Sweeney moved to authorize the appropriate city officials to annually execute acontract for the State of Minnesota Cooperative Purchasing cooperative. (Motion carried under consent business. ) Beard/Sweeney moved to approve bills in the amount of $890, 163 . 00. (Motion carried under consent business. ) Beard/Sweeney moved to approve the application and grant a pawnbroker's employee license to Melody Ann Schalesky, Shakopee Pawn & Cash Co. , 1147 Canterbury Road. (Motion carried under consent business. ) Beard/Sweeney moved to approve the application and grant a pawnbroker's employee license to Willard C. Hoeppner, American Pawnbrokers, 450 West 1st Avenue. (Motion carried under consent business. ) Mr. Stock gave a presentation on the changes in staffing titles and proposed reorganization consistent with the 1994 Budget reclassifications. He reviewed the hiring process that would be followed. Cncl. Sweeney stated that he liked the title of customer service, but wanted clarification as to the job descriptions and qualifications. Mr. Kraft stated that staff could bring this information to Council at the next meeting. He commented on the letter on the table from Teamsters stating that salaries were negotiable. Lynch/Sweeney moved to table City Hall Staffing Issues to the next Council meeting. Motion carried unanimously. Cncl. Sweeney informed Council about the sentence to service program through the county jail where inmates do public work in lieu of sitting at the workhouse. He stated that the cost is approximately $2-3 , 000 a year. He commented that this project was used for the renovation of a house in Prior Lake. Cncl. Sweeney suggested looking at using this service for Murphy's Landing. Sweeney/Lynch moved to direct staff to obtain information concerning the sentence to serve program and bring it back to Council. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4052, A Resolution of the City of Shakopee Regarding Participation in the Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the July 26, 1994 Shakopee City Council Page -6- Beard/Sweeney offered Ordinance No. 381, An Ordinance Amending Chapter 6, Other Business Regulation and Licensing, by Repealing Section 6. 52, Insurance Required, and Enacting One New Section in Lieu Thereof, Relating to the Same Subject; and Directing the City Attorney to Combine the Tattooing Sections of the City Code, and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney offered Resolution No. 4043 , A Resolution Setting the Public Hearing Date to Consider the Vacation of a 70 Foot Wide Roadway Easement, Two 15 Foot Wide Drainage and Utility Easements, and Three 10 Foot Wide Drainage and Utility Easements Located Adjacent to the Interior Lot Lines Between Lot 1 and Lot 2, and Between Lot 2 and Lot 3 , Block 1, Cretex Industrial Park 1st Addition, and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney offered Resolution No. 4050, A Resolution Amending Resolution No. 3913 Adopting the 1994 Budget, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch moved to table Resolution No. 4044 , A Resolution Accepting Bids on Vierling Drive from CR-15 to Presidential Lane, 1994-7, until Tuesday, August 2, 1994. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4051, A Resolution Accepting bids on the 1994 Pavement Preservation Program, Project No. 1994- 12, and moved its adoption. (Motion carried under consent business. ) Cncl. Beard informed Council of a letter he received from Bo Spurrier concerning the Mill Pond. Cncl. Sweeney suggested that staff review this and give Council a verbal update at the next meeting. Mr. Hutton stated that Mr. Spurrier disagreed with City's design on the drainageway project. He stated that he had not talked to Mr. Klugel at this time. Cncl. Dirks commented that rollerblading at the Derby Days in Shakopee seemed to be causing problems and if Council had any comments or suggestions on the resolution to this problem. Mayor Laurent adjourned the City Council meeting to Tuesday, August 2 , 1994 . The meeting adjourned around 10:30 p.m. uoUlti - ith S. Co y Clerk Debra Zabel Recording Secretary • CONSENT CRY OF SHAKOPEE AUG 1 2 1994 August 11, 1994 E v 1 1V IE To: The Shakopee City Council Members We would like to open a new and used books and gift store named "Ivy Lane Books and Gifts" at 120 South Holmes on October 1, 1994. However, we have learned that there is an ordinance which prohibits the sale of used merchandise. Our used books will mostly be paperback and will include such categories as novels, romance, suspense and mystery, children's, science fiction,westerns, self-help, educational and religious. We will not sell any type of pornographic materials. We will operate as a book exchange, where the customer will receive store credit instead of cash, for books brought to the store. The new books will consist of the current paperback best sellers. The other half of the store will offer a selection of giftware, gourmet coffee and candy. We would like for you to consider making a provision for us, so that we could be allowed to operate our business in the City of Shakopee. Thank you, "--) /7[4( ihel/EAA ' eZ/ Nancy Meyer Cheryl Kocherer 21570 France Boulevard 13569 Lynn Avenue South Lakeville, MN 55044 Savage, MN 55378 RECOMMENDED ACTION: Direct staff to prepare the appropriate ordinance, amending the pawnshop and secondhand dealer ordinance, to allow for the sale of used books. _ aver 4- . Couh2i ( _ YhrAber,5 _ k C 7L1 at.ys-Cr q ^d , Coo kt (/ i �► i��ri�b Q gilIA6v is r4s-71/ca C.n ec va ie. Cod - . c o 2 Sc/ b� clams 1 O l r w On , w.Ssoi G1 p p lrcu [o � C � �� �t !s ah c f ti h e'e flew COP P i l c cd/A S Q"Cic r /Pti &iCc -Fr vh "ck a cc hew Ct a rhAh c h ct o -i S4 kcypc-c � W \nctA S714 'f- vt al c o u Pic r I A6 U C 'C co r0 U t Ut�C \k:l4`1 C 0 (1'c. kh 0 W /t q- tick4 U [4 -i/or 16 OTC - (416 GocPc qk- C p-r- (Se )1+ ( /'1 qc c ‘Dp /( C4T/P14s Q -c '1 i O -el, w a avo 1rcc kris • ./.) t(\ 44, &yes +1f i s c pair 4o 13• qk lac 0 _ ccrt w► ! Aa )-(ok 41144- is ckn o w A b Q �, of orsc(A I3 S- c, a s ch ni c in h cr C; COQ c ft I -r crr SA c4cp cac r r c;Tr3t Jrct p As-Di 64-itv a,;le S-A 4 ir o •/6.9 Y oK I T..i-&. - a , MEMORANDUM400 0 41 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne )' • • DATE: July 15, 1994 RE: Application of Doug Bell for Pawn Shop License BACKGROUND: All pawnshops and pawnbrokers are required to be licensed by the City. Douglas Bell applied for a license in early June, 1994 , and on June 21, his application was denied. Mr. Bell has submitted a new application to. the City, requesting that he be licensed to operate a pawnshop. This memorandum provides a summary of information to the Council for consideration. Additional background information will be placed on, the table Tuesday night . APPLICABLE ORDINANCES : On April 28, 1994, Ordinance No. 376 became effective . That ordinance adopted City Code Sec. 6 . 28, which requires all pawnbrokers, precious metal dealers, secondhand dealers, and their employees to be licensed by the City. Certain information is required in the application, and City Code Sec. 6 . 02, Applications, Subd. 4 provides that a falsehood or intentional omission in the application requires denial of the license. "Any false statement in such application, or any willful omission to state any information called for on such application form, shall, upon discovery of such falsehood work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution fcr violation of this Chapter, cr any part hereof . " (Emphasis added. ) The City Council may not grant :he license if the application contains any falsehood or a willful omission. Business licenses are not granted to individual= who have n:.t paid their debts to the City. City Code Sec . 6 . :3 , Action cn Application for License, Subd. 2 prohibits this . "No license shall be granted for operation on any premises upon which taxes, assessments, or installments :hereof, or any financial claims of the City are owed by the applicant and are delinquent and unpaid. " ?Ct. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer pm') SUBJECT: Vacation of Hauer Trail DATE: August 8, 1994 INTRODUCTION: Attached is Resolution No. 4056, a resolution vacating Hauer Trail east of Jasper Road, and Jasper Road from Hauer Trail to County Road 16. BACKGROUND: On May 3, 1994 the Planning Commission reviewed the vacation of Jasper Road from Hauer Trail to County Road 16. This vacation was found to be in conformance with the Comprehensive Plan, and was forwarded to the City Council for a public hearing. At the public hearing, the resident on the northwest corner of Jasper Road and Hauer Trail indicated that he would prefer that the City vacate Hauer Trail in front of his home in addition to vacating Jasper Road, and construct a driveway as shown in the attachments. The City Council closed the public hearing and directed staff to prepare the legal description and resolution for vacating Jasper Road and Hauer Trail. Unfortunately, Hauer Trail was not included in the legal notice for vacating Jasper Road, and will require a separate recommendation by the Planning Commission and a new public hearing. Staff has received the following comments in regard to the proposed vacation in the review process that should be addressed. 1. The Fire Chief and Building Official have commented that the new driveway must meet State Fire Code. This will be handled in the design and construction of the driveway by the City. 2. Minnegasco has indicated that they would be opposed to the vacation unless an easement for their gas main is retained. Staff proposes to retain the entire right-of-way as drainage and utility easement to accommodate both City and private utilities. The Planning Commission has reviewed the vacation of Hauer Trail and has found that the vacation is in compliance with the Comprehensive Plan. ALTERNATIVES: 1. Adopt Resolution No. 4056. 2. Deny Resolution No. 4056. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4056. ACTION REQUESTED: Offer Resolution No. 4056, A Resolution Vacating Hauer Trail East of Jasper Road and Jasper Road from Hauer Trail to County Road 16 and move its adoption. DMN/pmp MEM4056 N 7 C} sb£LSS m CC D /2S o m % W 9ZLS61 �\ i— a r11 Z JN( NW - Q J=3.- O',4VHS JO S31d313W3D OI1OHL13 CI 4,. ..U • ___„., - S'109 - - rr • Z'S9Z S M O � � o £SL£II \1 " \ m o 2G A�O E VAGAL 40 00.992 a , nj p 1 • !Sb M• ' V(ki s N Sj •. O g- . 0 INA ,„ • /r• IW CI17. . c'O pO a,9/ J89 b 6 . . 2 O • a rc� o °s/ o -7.471.. \ 4.1._ bb. 6a g/ n 9 8156 m - �� V sp �✓ 4,0g/ S/ o • a/ (t).1 o FFb` �s! co to M qac p0%/2 S/ �� a ps`�//� Alin co O n 0 9b oo S6S s<.,, g22 o ts•Os?•• 0 9 0 . J to 6l£-S h o r S t,£/ 0ilifli • r a . Z�cs a �a S/ m <s OS/ ,S? �. h <9. �� 0 9 �cvh.`v o- o z �2 0 ►l£6 0 IA . . 0, .-• � b / o 1091// o Cl iit ) c50 0.o- 96b812/ m� tsos/ o- f FZ o t' o m © 0 0 ss�9 lit 1 - ilt 8b9 ,,, o o ., ie•/�a o2 m o <s'ps/ ,. L 9'L b Z O �62/ -- O 0 6 ' Ot 'h 0 <S,-, 2 :141/1(:t S •ZSo.m 8C4bZm �C28�9/ o a otiO_ /zt'6/ ' �, . / e SZ � �� O co- O. •209�SZI O �' \ N Ca 2 � � � NB N 06 • N 4 co s - 22 '0 1 M ti.\ /•IP r0 '\ cr 1r. q V ti b M O h o N to ro "r N scv .!.s.. • :�' � ti � tc"zoo �`' RESOLUTION NO. 4056 A Resolution Vacating Hauer Trail East Of Jasper Road And Jasper Road From Hauer Trail To County Road 16 WHEREAS, it has been made to appear to the Shakopee City Council that Hauer Trail east of Jasper Road and Jasper Road from Hauer Trail to County Road 16 serves little public use or interest; and WHEREAS, a public hearing has been held regarding the vacation of Hauer Trail and Jasper Road and two weeks published and posted notice thereof was given; and WHEREAS, the Shakopee City Council wishes to retain drainage and utility easement within the vacated right-of-way; and WHEREAS, the public hearing to consider the action to vacate Jasper Road was held in the Council Chambers of the City Hall in the City of Shakopee at 7:30 P.M. on the 7th of June, 1994; and WHEREAS, the public hearing to consider the action to vacate Hauer Trail was held in the Council Chambers of the City Hall in the City of Shakopee at 7:30 P.M. on the 16th of August, 1994; and WHEREAS, two weeks published notice has been give in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at Shakopee Public Utilities, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard in the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That all that part of public road, (now known as Jasper Road and Hauer Trail) as ordered by the Eagle Creek Township, Scott County, Minnesota on September 16, 1963 and dedicated in deed document No. 103462 which lies southerly of the south right-of-way line of County Road No. 16 and which lies southeasterly of the northeasterly extension of the southeast right-of-way line of Jasper Road, according to the record plat of HAUER'S 4TH ADDITION, serves no further public need; 3. That part of public road, (now known as Jasper Road and Hauer Trail) as ordered by the Eagle Creek Township, Scott County, Minnesota on September 16, 1963 and dedicated in deed document No. 103462 which lies southerly of the south right-of-way line of County Road No. 16 and which lies southeasterly of the northeasterly extension of the southeast right-of-way line of Jasper Road, according to the record plat of HAUER'S 4TH ADDITION, be, and the same hereby is vacated; 4. That the City reserve,however,to the City of Shakopee its licensees and franchise holders a perpetual drainage and utility easement on, under, and over the said vacated right-of- way for utilities with the right to install, maintain, repair, lay, and relay the utilities by the City, its licensees and franchise holders; and 5. After the adoption of the resolution the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 9.b MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner MEETING DATE: August 16, 1994 RE: Vacation of a Roadway Easement, and Drainage and Utility Easements. INTRODUCTION: The City has received a petition from Mr. Donald A. Schumacher, Vice President of Finance for the Cretex Companies, Inc., for the vacation of the following: 1 . A 70 foot wide roadway easement dedicated with Document No. 28724. 2. Drainage and Utility Easements: a. Two 15 foot wide easements dedicated with Document No. 28724, and b. Four 10 foot wide drainage and utility easements dedicated with the original plat and located adjacent to the interior lot lines between Lot 1 and 2, and Lot 2 and 3, Block 1, Cretex Industrial Park 1st Addition. This request is being made in order to combine the three lots into one lot through the Minor Subdivision process. At their August 4, 1994, meeting, the Planning Commission recommended the approval of the vacation of the items listed above, and found their vacation to be in conformance with the Comprehensive Plan. The City Council will hold the public hearing on August 16, 1994, to consider this vacation request. ALTERNATIVES: 1 . Vacate the roadway and easements. 2. Do not vacate the roadway and easements. 3. Continue the public hearing and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the City Council approve the vacation request (Alternative No. 1). 1 ACTION REQUESTED: Offer Resolution No. 4062, a Resolution Vacating a 70 Foot Wide Roadway Easement, Two 15 Foot Wide Drainage and Utility Easements, and Three 10 Foot Wide Drainage and Utility Easements Located Adjacent to the Interior Lot Lines Between Lot 1 and Lot 2, and Between Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st Addition, and move its adoption. {C I TYC O UN\VAC PRI N C.816) 2 RESOLUTION NO. 4062 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A 70 FOOT WIDE ROADWAY EASEMENT, TWO 15 FOOT WIDE DRAINAGE AND UTILITY EASEMENTS, AND THREE 10 FOOT WIDE DRAINAGE AND UTILITY EASEMENTS LOCATED ADJACENT TO THE INTERIOR LOT LINES BETWEEN LOT 1 AND LOT 2, AND BETWEEN LOT 2 AND LOT 3, BLOCK 1, CRETEX INDUSTRIAL PARK 1ST ADDITION WHEREAS, a 70 foot wide roadway easement, two 15 foot wide drainage and utility easements, and three 10 foot wide drainage and utility easements have been dedicated adjacent to the interior lot lines between Lot 1 and Lot 2, and Between Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st Addition; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned 70 foot wide roadway easement, the two 15 foot wide drainage and utility easements, and the three 10 foot wide drainage and utility easements located adjacent to the interior lot lines between Lot 1 and Lot 2, and between Lot 2 and Lot 3, of Block 1, Cretex Industrial Park 1st Addition serve no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 16th day of August, 1994; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 .) That it finds and determines that the vacation hereinafter described is in the public interest; 2.) That the 70 foot wide roadway easement, the two 15 foot wide drainage and utility easements, and the three 10 foot wide 3 drainage and utility easements located adjacent to the interior lot lines between Lot 1 and Lot 2, and between Lot 2 and Lot 3, of Block 1, Cretex Industrial Park 1st Addition serve no further public need; 3.) That all that part of the 70 foot wide roadway easement, the two 15 foot wide drainage and utility easements, and the three 10 foot wide drainage and utility easements located adjacent to the interior lot lines between Lot 1 and Lot 2, and between Lot 2 and Lot 3, of Block 1, Cretex Industrial Park 1st Addition Scott County, Minnesota, and described on Attachment 1, be, and the same hereby is vacated; 4.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 4 ATTACHMENT 1 Legal Descriptions of Areas to be Vacated 1. Roadway Easement from Document No. 28724: "A permanent easement 70.00 feet in width, over under and across part of Lot 1, Block 1 Cretex Industrial Park 1st Addition, as platted and of record in the office of the County Recorder, Scott County, Minnesota. The centerline of said strip is described as follows: Commencing at the Northwest corner of said Lot 1; thence S 0 degrees 27 '42" E, bearing assumed, along the west line of said Lot 1, a distance of 171.00 feet to the point of beginning of the centerline to be described; thence N 89 degrees 32'18" E, a distance of 20.00 feet; thence northeasterly along a tangential curve, concave to the northwest, having a radius of 150.00 feet and a central angle of 57 degrees 32'18" an arc distance of 150.64 feet; thence N 32 degrees 00'00" E, tangent to last described curve, a distance of 37.08 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 275.00 feet and a central angle of 20 degrees 02'21" an arc distance of 96.18 feet to the north line of said Lot 1, and there terminating." 2. D/U Easements from Document No. 28724: "A permanent easement for drainage and utility purposes over, under and across the west 15.00 feet of the east 25 feet of Lot 1, Block 1, Cretex Industrial Park 1st Addition." "A permanent easement for drainage and utility purposes over, under and across the west 15.00 feet of the east 25 feet of Lot 2, Block 1, Cretex Industrial Park 1st Addition." 3. D/U Easements dedicated with plat: The northern 299.77 feet of the 10 foot wide drainage and utility easement located across the east 10 feet of Lot 1, Block 1, Cretex Industrial Park 1st Addition. The northern 299.77 feet of the 10 foot wide drainage and utility easement located across the west 10 feet of Lot 1, Block 1, Cretex Industrial Park 1st Addition. The northern 299.77 feet of the 10 foot wide drainage and utility easement located across the east 10 feet of Lot 2, Block 1, Cretex Industrial Park 1st Addition. The northern 299.77 feet of the 10 foot wide drainage and utility easement located across the east 10 feet of Lot 1, Block 1, Cretex Industrial Park 1st Addition. 5 • EXHIBIT A • . ,\ • . .. . • ..-----k•-.......1...‘" _-iK_ • •� • � • . • • • 1 . . _ • 1 f. r+/ • •• 81.•• • AG • • ! 12 / SUBJECT SITE '~ •' ' ; }.• . • r i • • `� , ` _ :y ►r 81 '; `•N ` r. J ,S i •. ! E •'• I • l . r i.•1 ' •e 1 \�'�,•. : 7 ) , (c„..„.„, 1 ,....„ G AGRICULTURE o R1 RURAL RESIDENTIAL I ,� R2 URBAN RESIDENTIAL �� '�. ••• • R3 MID-DENSITY RES. R4 MULTI FAMILY RES. . �1 � t� B1 HIGHWAY BUSINESS B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS ) 111 LIGHT INDUSTRIAL .. \ • 12 HEAVY INDUSTRIAL �_Th I S SHORELAND . Y. ••.F: FLOODPLAIN DISTRICT- I1 • -•-•• MANDATORY PUD _ -RTD RACETRACK DISTRICT R1 ; :�-- - ': Zoning Map City' of SHAKOPEE A EXHIBIT B • . . ..._Y R. vv 4.....I NJ El -1- H. 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I I , " I I I I I 4 I I I tI .--- $-•r--k I I • ., •• ••'1' • ' - ::1 ' • 1 I • I I - 0 I /' 1 Ass / (ji ••..., / "..I 0 IP ..,I: 8 1.. -•' 1,•• I't 'it , 4 ; :I , ., • I 11 ? ,• .4 I I ... • I • I • 'Jr • , liN , , 1 • Lf , I ' It, I I i emsermar •110 Wt.Ito.trifeo. I I ..,, lii.-——- ——;--—.......I—————2 N • I i .300.02 sour.; .. . 9c MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: Vierling Drive DATE: August 8, 1994 INTRODUCTION: Attached is Resolution No. 4057, which orders the sewer and water improvements to Vierling Drive, between County Road 15 and Presidential Lane, Project No. 1994-7. BACKGROUND: On August 2, 1994 the City Council adopted Resolution No. 4054, which sets a public hearing to consider sewer and water improvements to Vierling Drive, between County Road 15 and Presidential Lane. Because the project has already been bid, the proposed assessments are fairly accurate as shown on the attachments. Please refer to the attached August 1, 1994 staff memo for additional background information. If Council desires to order this project, attached is Resolution No. 4057 for consideration. ALTERNATIVES: 1. Adopt Resolution No. 4057. 2. Deny Resolution No. 4057. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4057, A Resolution Ordering an Improvement to Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption. DEH/pmp MEM4057 A ITEMS 13e, 13f, 14a MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Vierling Drive DATE: August 1, 1994 INTRODUCTION: Numerous Council actions were tabled on July 26, 1994 relative to Vierling Drive, between County Road (C.R.) 15 and Presidential Lane, to allow staff additional time to meet with the developer and property owners to resolve these issues. BACKGROUND: This memo pertains to Items 13e, 13f and 14a on the August 2, 1994 Council agenda. Please bring your memos from the July 26, 1994 Council meeting for additional background information. Staff has met with the developer of South Parkview 2nd Addition, Mr. Clete Link, and he has indicated a desire to postpone this project. The main reason presented by Mr. Link is the fact that he is not ready to develop and does not want to incur the assessments for this project at this time. Because of the complexity of the issues involving this project, staff would like to present additional background information regarding the history of this project. In 1993, the City of Shakopee extended the VIP Interceptor across Shakopee to Tahpah Park. The sewer project was completed in the spring of 1994 and became available for use. This sewer resulted in the opening up of the western part of Shakopee for development. As a result, two plats came before City staff: Minnesota Valley 8th, Mr. Gary Laurent, developer and South Parkview 2nd, Mr. Clete Link, developer. During the review of these plats, staff felt that the location of future Vierling Drive would be critical to the City and therefore requested and received approval from the City Council to do an alignment study and feasibility report on the entire segment of Vierling Drive between C.R. 15 and Trunk Highway (T.H.) 169. About this same time, the City was negotiating an annexation agreement with Jackson Township and several property owners/developers expressed concern over the future alignment of Vierling Drive and also indicated to staff a desire for the City to construct Vierling Drive into their property to promote development. Staff informed these property owners that the improvements could not be extended into their lands until the annexation was completed and the MUSA boundaries expanded. On March 8, 1994 the City Council held a public hearing to consider the Vierling Drive improvements. At that meeting, the Council selected Alternative No. 3 in the feasibility report (attached). The Council also directed staff to prepare plans and specifications for that portion of Vierling Drive located within the City limits (C.R. 15 to Presidential Lane) to provide infrastructure to the two plats pending, Minnesota Valley 8th and South Parkview 2nd. During the initial design phase of this project, staff met with the two affected developers, Mr. Clete Link and Mr. Gary Laurent. At that meeting, staff indicated to them that prior to the street construction, the sewer and water should be installed. The meeting with these developers was held to determine if the City should install the utilities or if the developers wanted to install them prior to the City contractor working. The consensus of the group was that the City should install the utilities in conjunction with the street contract. During the design phase, staff also requested that the two developers sign a petition waiving their right to a public hearing, in order to assess the sewer and water. Mr. Laurent has signed the petition, but Mr. Link has never signed it although staff was of the understanding that Mr. Link would submit the petition eventually. In order to realign Vierling Drive, the existing right-of-way needed to be vacated and new right of way dedicated by Mr. Link and Mr. Laurent. Mr. Laurent has submitted the new Vierling Drive alignment for dedication as part of the Minnesota Valley 8th Plat, which has been approved by the City Council, but the plat has not yet been recorded. On June 21, 1994 City Council held a hearing to vacate Vierling Drive. The intent of that hearing was to only vacate the excess right-of-way on the old Vierling Drive alignment. The legal description attached to the resolution inadvertently vacated all of Vierling Drive west of Jefferson Street, which will result in the City needing to obtain additional right-of-way. The vacation resolution has never been recorded because staff feels Council needs to clarify the intent of the proposed vacation. If only the excess right-of-way was intended to be vacated, staff feels that a resolution clarifying this is appropriate. Attached is Resolution No. 4053, which addresses this issue for Council consideration, as prepared by the City Attorney. If Council adopts this resolution, no additional right-of-way is needed to construct this project. Bids have been taken for this project, which includes the sewer and water portions. The bid award has been tabled due to the above two issues. At the July 26, 1994 meeting, Mr. Link expressed a concern regarding the proposed sewer and water assessments and Council tabled action on all the issues to allow staff additional time to meet with Mr. Link. Staff has done that and Mr. Link has made it quite obvious to staff that he does not desire for this project to go ahead this year. He is currently platting only 12 lots with the 2nd Addition, none of which front on Vierling Drive (See attached plat). Therefore, he has indicated that he does not need Vierling Drive or any utilities in Vierling Drive as part of this development and that he does not desire to accept any assessments at this time. He has informed staff that he will not be signing the petition for sewer and water . Mr. Link does need City sewer installed from Jefferson Street to the Interceptor sewer and this work is not included in the current developer's agreement. If the City does not install this sewer, the developer's agreement would need to be amended to allow Mr. Link to construct it. There is property to the west of Mr. Link (Minnesota Valley 8th) that needs to have sewer and water installed in Vierling Drive in order to develop. Based on the way this project developed, staff and that developer were proceeding on the basis that the utilities would be installed. This development will now be delayed unless the City proceeds with the project against Mr. Link's desires. There are also property owners in Jackson Township that desire Vierling Drive extended into their property once the annexation is complete, although there is little likelihood that anything would occur in this area until 1995. ALTERNATIVES: Based on Mr. Link's position, the City Council has the following alternatives: 1. Proceed with the project anyway. In order to do this the Council must take the following actions: A. Set a public hearing to order the sewer and water improvements on Vierling Drive, since they were not petitioned for. The earliest a hearing could be scheduled is August 16, 1994. It would take a 4/5 vote of Council to order this project and if there was any abstentions, it would still require four votes to order the project. B. Withhold the bid award until August 16th or rebid the project. Staff will be contacting the low bidder, Ryan Contracting, to see if they would be agreeable to holding their bid prices valid until August 16, 1994. 2. Proceed with only the sewer and water portion of the project, in order to provide utilities to Minnesota Valley 8th Addition, but delete the street construction at this time to minimize the assessments to Mr. Link. This option would result in rebidding the project, which would take approximately four weeks. Due to the fact that most underground utility Contractors are too busy to take on additional work at this time, staff would expect a low number of bids if the project were rebid this fall. 3. Determine that the project should not proceed at this time and direct staff to prepare an amendment to Mr. Link's developer's agreement in order to allow him to make the sewer connection from 12th Avenue to the VIP Interceptor. RECOMMENDATION: Staff recommends Alternative No. 1, to proceed with the project in its entirety. Other developments are dependent on the sewer and water construction and with the impending annexation, there are other properties waiting for not only the sewer and water, but the street. Several property owners have already contacted staff regarding proposed developments once the annexation is complete. The proposed assessments to Mr. Link will probably not be adopted by City Council until the fall of 1995 and the first payment not due until 1996 or 1997. Attached is Resolution No. 4054, which sets the date of the public hearing for the sewer and water portion for August 16, 1994. Also attached is Resolution No. 4053, which corrects the vacation legal description. ACTION REQUESTED: 1. Offer Resolution No. 4053, A Resolution of the City of Shakopee, Minnesota, Directing Staff to Correct Resolution No. 4022 by Removing Attachment A to that Resolution and Inserted A Corrected Attachment A and move its adoption. 2. Offer Resolution No. 4054, A Resolution Calling a Hearing on an Improvement to Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption. DEH/pmp MEM4054 RESOLUTION NO. 4057 A Resolution Ordering An Improvement To Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS, Resolution No. 4054 of the City Council adopted the 2nd day of August, 1994, fixed a date for a Council hearing on the proposed improvement of Vierling Drive, from County Road 15 to Presidential Lane by sanitary sewer and watermain; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 16th day of August, 1994, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Vierling Drive, from County Road 15 to Presidential Lane by addition of sanitary sewer and watermain 2. David E. Hutton, Public Works Director is hereby designated as the engineer for this for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney �J Q N O v in ,M- N N 1)..._,k- O Q El ui NCLi CV \��Y O 69 _ZV o cn V' CON N (OD a) CO 0 co o c a .c < < 69 `�' a 0 a) V W C0) CO co N 10 CO O Ca `d 0 Ci o0 o ci ri o w °c' to V) cin N oo N C 00) o. co N Q Q co- O M y l� W 77 N EA 69 O C Cn Z W CM N N c'a'n N t) 000 Q Oi ,- N- N- CV t� W CI co , a co_co co N o0 O‘ Z coto CD N M a 17) 00 69 mimi CO CO CO 0) cr 0 0 ..-i O N O VO O N 00 N O ,-+ VI N M Z H r CO 0 N N0 N C N ONO N N O\ � O. U) U) d� Cf) VI 0964 49 6VI Z W 3 3 II II II II II II II 0 a) a) a) �. N .� .�. C > 5 5 O 0 o Q O Q O Q Z O O �[ �C Y O r 4) OE Q O ) O J Oc0 ao a_ o a. c o w w y4 � 4- Co C :... ;.., . . 1- � � a 0 ¢ a Q £ 'o -0 co m. w d 0 ca 0 Co o Co (} pC , 'C = 'a = -a = •a CV .- E� w y w w o 0 0 JUWM,, 0 < 0a 0a U) Wi� wQ ..:42V-41-' d d w O a) < a .y- W r ' et a H 0 N a - IC~A U 0 0 ca oO 0 or o '0 mai r� Ca , •oo Z H o 0o CO of E Ia WQCA VI .-.-i c LC) .. o ♦CO cc o d .(4 d VJ Cl) U C0) � � 0) CD W al 4) W U M U N Si N M O M CD rte+ C C In cn 4- U) «. cn CA . o O C V] In C (/� In a) cn i to Q O °) toi) d voi 2 0 a) N V a N � c = � = L YE otS -) -c a) ot3 a) aj of O a) r o a) caa) W Y � YcoO0QOO CO OZ Cet 7CO $ V a) M .0 N .0 N N t ' N t O cm t ON Z - Oo .- cn01- cn0rcOU .- cnz ,- cn G J 00 0 I I 0 ai .--� �' to 0 0 0 CO (CI l ' 0 CO —W a Q 0co r T T O Fs Fs Fi �� I I I I 0) W d N N N NCD ASSESSMENT CALCULATIONS VIERLING DRIVE, PROJECT NO. 1994-7 Total Bid Amount = $505,519.50 25% Eng/Admin = $126,379.88 Total Construction Cost = $631,899.38 ASSESSED CONSTRUCTION COSTS Item Cost Plus 25% Total Roadway and storm sewer = $309,590.24 $77,397.56 $386,987.80 Sanitary Sewer = $46,360.00 $11,590.00 $57,950.00 Watermain = $53,990.00 $13,497.50 $67,487.50 TOTAL ASSESSED $512,425.30 CITY CONSTRUCTION COSTS Item Cost Plus 25% Total Roadway and storm sewer = $95,579.25 $23,894.81 $119,474.06 Sanitary Sewer = $0.00 $0.00 $0.00 Watermain = $0.00 $0.00 $0.00 TOTAL CITY COST $119,474.06 GRAND TOTAL $631 ,899.36 09- J' 1 VAC 16, r14' • Via ) ter--ki or 511.vS-51 4e4 - 00J Nor-On P i? i ) s- --- n'z w We 0-re e J c l > a 1°,0 n VLovvi mO 'J -0- d. I --F i-f- wowdl yr/tet/ ro/A r u , /!/' I ai'n 1/cAr vv)--1116/N, / Y I A , n/e_ �4 wry(/4,)d -41A6 )2e - piau, -kwIng IM,ts1 a Ho , Would 6 6-1-4<o pro*0- -11--Lot741) "R)r e)ve/ilaif reet.6en Kuo i/tA vvowd rolt/F Kore `bybva G . '4NA. woado� v /t76)/ pctp-te_-, ju,4- kx km4lxvoci 4) I oFf)(4.--41-1,0-4 -incl in -- rc -n-t,i _7►vci (Ke.,L,61 44' 4,- A4/Zi4)7 • 70/ MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Appeal of the Decision of the Shakopee Board of Adjustment and Appeals CAN AM Recreational Vehicles MEETING DATE: August 16, 1994 INTRODUCTION: CAN AM Recreational Vehicles requested a variance to Section 4.30, Subd. 4.B (2.a), regarding the maximum area allowed for freestanding signs; and a variance to Section 4.30, Subd. 4.B (2.b), regarding the maximum height for freestanding signs, in order to increase the size of an existing freestanding sign at 6220 Highway 101 South. The existing sign reads, "LANDEY'S RV'S", and the applicant would like to add additional text to read "CAN AM Recreational Vehicles, Motorhome Rentals" to the bottom of the sign. The subject site is located within the Highway Business (B-i), Zoning District. At the July 7, 1994, meeting, the Board of Adjustment and Appeals denied the request for the Variances. The applicants have appealed this decision to the City Council. BACKGROUND AND DISCUSSION: The Board of Adjustment and Appeals held a public hearing regarding these requests at their July 7, 1994, meeting. However, the variance requests were denied. The applicants have submitted the attached letter requesting an appeal of the decision of the Board of Adjustment and Appeals. (See Attachment 1.) A copy of the Staff Report from the July 9, 1994, Planning Commission Agenda Packet has been attached to this staff report. Please refer to this Staff Report for background information regarding this variance request. ALTERNATIVES: 1. Uphold the decision of the Board of Adjustment and Appeals and affirm the denial of the variance requests. 2. Overturn the decision of the Board of Adjustment and Appeals and approve a variance to Section 4.30, Subd. 4.B (2.a), regarding the maximum area allowed for freestanding signs; and a variance to Section 4.30, Subd. 4.B (2.b), regarding the maximum height for freestanding signs, as requested by the applicant. 3. Continue the public hearing and table the decision to allow the applicant and / or staff to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. 1 ACTION REQUESTED: Offer Appeal Resolution No. CC-689, A Resolution Approving A 114 Square Foot Variance to Section 4.30, Subd. 4.B, Item A; and A 2 Foot Variance to Section 4.30, Subd. 4.B (2), Item B, and move its approval. (If the City Council concurs with the decision of the Board of Adjustment and Appeals to deny the variance requests, the City Council should vote against the adoption of this Resolution.) {CI1'YCOUNU816IPPEALCA } 2 APPEAL RESOLUTION NO. CC-689 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A 114 SQUARE FOOT VARIANCE TO SECTION 4.30, SUBD. 4.B (2), ITEM A; AND A 2 FOOT VARIANCE TO SECTION 4.30, SUBD. 4.B (2), ITEM B WHEREAS, Can Am Recreational Vehicles, the applicant, and B.M.D. Properties, the owner, have filed an application dated June 9, 1994, for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.04, Subd. 5, for a 114 square foot variance to the 150 square foot maximum size for a free standing sign (Section 4.30, Subd. 4.B (2), Item A); and WHEREAS, the applicant would also require a 2 foot variance to the maximum sign height allowed (Section 4.30, Subd. 4.B (2), Item B); and WHEREAS, this parcel is presently zoned Highway Business (B-1); and WHEREAS, the property upon which the request is being made is legally described as: The East 583.22 feet of the Southeast Quarter of Section 3, Township 115, Range 22, Scott County, Minnesota, lying Northerly of the Northerly right of way of the St. Paul, Minneapolis and Omaha Railroad, and lying Southerly of the right of way line of State Highway No. 101; and WHEREAS, notice was provided and on July 7, 1994, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Planning Director and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and Appeals voted to deny the application; and WHEREAS, a written appeal was filed with the City Administrator within ten days of the action of the Board of Adjustment and Appeals; and WHEREAS, the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the application for Variance No. CC-689 is hereby APPROVED, and the applicant has been granted a 114 square foot variance to the 150 square foot maximum size for a free standing sign (Section 4.30, Subd. 4.B (2), Item A); and a 2 foot variance to the maximum sign height of 20 feet (Section 4.30, Subd. 4.B (2), Item B). Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 c t S'4 RECREATIONAL VEHICLES • "First Choice in RV Sales& Rentals" City Of Shakopee July 14/94 Board Of Adjustments And Appeals . 1 To Whom it may concern, This- letter is to appeal the decision to deny our request for a variance PC 689, to: allow us to erect a permanent sign for our business , Can Am Recreatic - Vehicles,_-.located at 6220 Hwy 101 South, Shakopee. In regards-to the necessary criteria reuired; 1 . Exceptional circumstances do apply to the proprty, which do not generally apply to other properties in the same area, in that our building is set back from the roadway by a distance well over 500 feet, while neighboring buildings are less than half this distance from the roadway. Our building is slightly higI- than neighboring businesses, but still does not afford passersby a clear view of our building, unless they are looking directly at us as they pass, in which . caes it mould be too late for them to stop and enter the driveway. 2We are being denied the same rights commonly enjoyed by neighboring businesses, in the fact that we are currently unable to erect a sign, which all neighboring businesses already have. The sign we are requesting is 60 square feet,and being - that the existing signbelongs to another business,we do not feel that our reque is unreasonable. We do not have the option of erecting any new sign structure. 3 The special condition of our propert (over 500 foot setback from roadway) is not a result of any actions by our company, nor is it within our control to change. 4 The granting of a variance will not confer upon us any special rights or privileges, as all neighboring businesses have signs clearly in view of the roadway. A 60 square foot sign is also well under the allowable sign space. 5 The variance requested is the minimum variance we would require, in that we do not have any other options. Erecting a sign on the face of our building would not solve our problem, because it still would not be in plain view of passersby on the highway. Our building simply cannot be seen by anyone who may be driving by, because of buildings and trees on either side of us. 6 A variance would not be -,Materially detrimejntal to the purposes of this chapter, or to the property in the same zone. Public health and safety is in no way affected bythe granting of a variance. a As stated in section 11 .01 of the zoning chapter in question, "This chapter : is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare m, a)public health will not be affected by this variance. Public safety will be enhanced by allowing a sign to be erected, in that a driver travelling -at- highway speed will be able to see our sign, and will not be driving while searching for our building, in other words, the driver will be able to keep -: his/her attention on the road. b) Comfort and convenience will also be enhanced if a sign is erected,as it , will make it easy to find our businegs . 6220 Highway 10' South,Shakopee, MN 55379 Telephone (612)445-1252 RECREATIONAL VEHICLES "First Choice in RV Sales& Rentals" c) Prosperity and general welfare will also be enhanced if a sign is erected, because we will attract more customers and generally increase business when people are able to find us . In sum, we feel that there is sufficient reason to grant the requested varia< as explained above. One of the most basic needs to operate and run a business is a permanent sign that let people know of a company 's existence. We have been repeatedly reminded by customers comments and complaints that we desperately need a sign near the highway. As stated in our variance application, we feel that the lack of a sign gives us an image of an unstable, temporary business . This of course, does not foster good customer relations, nor does it give a potential customer enough confidence to purchase or rent with us . Lastly, if someone driving by at the posted highway speed is looking for us, by the time they see our building, it is to late to stop safely. This of course, could-result in a traffic accident , and therefor should be of prime concern to the city of Shakopee, because, as stated in section 11 .01 of the chapter, " This chapter is adopted to promote the public HEALTH,SAFETY, With this letter we respectfully request that the variance be granted. The $85.00 appeal fee is enclosed. Sincerely, / /4 Don Weber Can Am R.V. 6220 Highway 101 South.Shakopee.MN 55379 Telephone (612+445-1252 Applicant: CAN AM Recreational Vehicles, Don Weber Memo To: Shakopee Board of Adjustment and Appeals From: Terrie Sandbeck, Assistant City Planner Meeting Date: July 7, 1994 Re: PC-689, CAN AM Variance: Oversized Sign Site Information Applicant CAN AM Recreational Vehicles, Don Weber Location 6220 Highway 101 South Current Zoning Highway Business, (B-1) Comp. Plan Designation 1980 - Heavy Industrial Draft 1990 - Heavy Commercial Municipal Utilities Site is served by municipal utilities. Adjacent Zoning Zone Title North (AG) Blue Lake Treatment Plant South (I-2) Industrial East (B-i) Business West (B-1) Business Case History There have been no previous Variances approved, or Conditional Use Permits issued for this site. Introduction The applicant is requesting a variance from Section 4.30, Subd. 4.B (2), regarding Freestanding Signs within the Highway Business (B-1) Zoning District, in order to increase the size of an existing freestanding sign on the site. The existing sign reads, "LANDEY'S RV'S", and the applicant would like to add additional text to read "CanAm Recreational Vehicles, Motorhome Rentals" to the bottom of the sign. Exhibits are attached, as follows: Exhibit A, Zoning Map; Exhibit B, Application for a Sign Permit (1977); Exhibit C, Letter from Applicant; Exhibit D, Photograph of sign; Exhibit E, Drawing of Proposed Signage; and Exhibit F, Site Plan. The applicant requests a variance from the following sections of the City Code: Section Subd. Subject Section 4.30 Subd. 4.B (2), a Maximum Area for Freestanding Signs Section 4.30 Subd. 4.B (2), b Maximum Height for Freestanding Signs 1 City Code Section 4.30, Subd. 4.B (2), states: "Free-standing Signs: Free-standing business or complex center signs shall be permitted subject to the following conditions: a) Such signs shall not exceed 1 square foot per linear foot of street frontage, not to exceed 150 square feet in area. b) No free-standing sign shall exceed 20 feet in height. The regulation now required in item a was adopted in 1981, and the regulation now required in item "b" was adopted in 1966. Findings The criteria required for the granting of variances are listed below with staff findings. Criterion I Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Chapter have had no control. Finding No exceptional or extraordinary circumstances apply to this property which do not apply generally to other properties in the same vicinity. The subject site is adjacent to TH 101 and has approximately 580 feet of frontage. The site is generally level with respect to the grades of adjacent properties. The elevation of TH 101 is slightly higher than the subject site which increases its visibility from TH 101. The amount of visibility to the subject site form the highway is similar to other commercial properties in the area. Criterion 2 The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding The literal interpretations of the provisions of Section 4.30, Subd. 3.B (2) would not deprive the applicant of rights commonly enjoyed by other properties in the same district. Other properties in the same zone are required to comply with the Sign Ordinance requirements. No information has been submitted which verifies that 150 square feet of signage is inadequate to serve a commercial site. The existing freestanding sign is clearly visible to motorists from TH 101. Criterion 3 That the special conditions or circumstances do not result from the actions of the applicant. 2 Finding There exist no special conditions or circumstances. The applicant is requesting that the height and size of the sign exceed the ordinance requirements. The existing sign copy is nonconforming in that it exceeds the 150 square foot area limit. The expansion of the existing sign will only increase the nonconformity. Other sign types are available, such as wall signs, to guide customers to the office toward the back of the site. Criterion 4 That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. Finding The granting of this variance would result in a special privilege to the applicant that is not allowed by Section 4.30 to owners of other parcels within the same district. Criterion 5 The variance requested is the minimum variance which would alleviate the hardship. Finding The approval of the variance to allow a 264 square foot sign which would allow the sign to be 76% larger than the maximum square footage allowed by Section 4.30 for a free standing sign (maximum of 150 square feet) is not the minimum variance to alleviate a hardship if one did exist. The use of other sign types has not been exhausted by the applicant. The applicant has not submitted any visual depictions which would support his claim. Criterion 6 The variance would not be materially detrimental to the purposes of this Chapter, or to the property in the same zone. Finding The purposes of the Zoning Chapter are stated in Section 11.01, as follows: "This Chapter is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare, to provide a guide for the physical development of the City in such a manner as to achieve progressively the arrangement of land uses depicted in the Comprehensive Guide Plan; to ensure that public and private lands are used most appropriately; to provide adequate light, air and convenience of access to property by regulating the use of land and buildings and the bulk of buildings in relation to surrounding properties; to promote a safe, effective traffic circulation system; to provide adequate off-street parking and truck loading facilities; and to protect and enhance real property values." The approval of the variance would be detrimental to the purposes of the Zoning Ordinance and the provisions relating to signs. City records indicate that the existing sign was erected in 1977. The Sign 3 Permit Application indicated that the sign would be 20' in height, and that there would be 190 square feet of sign area. A copy of this permit has been attached as Exhibit B. In 1977, the site was zoned as a "Thoroughfare Business District". The maximum sign area permitted on free standing signs located within this district was 200 square feet, and the maximum height was 20 feet. According to the information submitted by the applicant, the existing sign measures 22 feet in height, and already contains 204 square feet of sign area. (See Exhibit E.) City Staff have commented that this request does not meet the definition of a hardship, and does not meet the requirements for a variance. The purpose of a free standing sign is to identify the site. The 150 square foot limitation is adequate to serve this purpose. Staff Recommendation A variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in those zones where the Chapter imposes undue hardships or practical difficulties to the property owner in the use of the land. A variance may be granted only in the event that the above criteria can be met. Staff is recommending denial of the application for a 114 square foot variance from the 150 square foot maximum size for a free-standing sign (total of 264 square feet in size) because the criteria for granting variances cannot be satisfied. Action Requested Offer Variance Resolution No. PC-689, A Resolution Approving a 114 Square Foot Variance to Section 4.30, Subd.4.B (2), Items a and b, and move its adoption. (NOTE: If the Board of Adjustment and Appeals concurs with the recommendation of Staff, the Board of Adjustment and Appeals should vote against the adoption of this Resolution.) {PLANCOMM\VARCANAM.?JU} 4 EXHIBIT A i. \ \ . ' --4:—. • • • • • I. • •• .(- _ _ — ��: • i • �\ . • . •'• 1. • AG 12 • ''I • • • tom " I SUBJECT SITE >: B 1 :I� B 1 •\ • • . 2. c.v.fE '.\ I 2 � .y ' �\ -----"--- ---„..Th,,,..JI .? ` �'+•... 1 1 4 a ij( •... , Q Fr--- -.-'--------`'II ‘ ........ ,I ��� il I; , r!► i 1 i 1ti4; 1 (-� JfTIIL L AG AGRICULTURE R1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL `, R3 MID—DENSITY RES. �_` R4 MULTI FAMILY RES. B1 HIGHWAY BUSINESS 11 B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS 1 LIGHT INDUSTRIAL R1 12 HEAVY INDUSTRIAL ..:,.. : S SHORELAND FLOODPLAIN. DISTRICT e R 1 2 --.• MANDATORY PUD RTD RACETRACK -DISTRICT -• .._J Zoning Map City of SHAKOPEE EXHIBIT B .2_,/..„_., APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 ir 612-445-3650 B.P. No. ��'� , i\-- / ) • / APPLICANT TO COMPLETE NUMBER/E�O SPACES ONLY , I PROJECT ADDRESS l u _ ,U l ``R R . ('/�/] SOH/T K U PEE �� •^��• 2 OWNER OF LAND ••J_ 4 ALL)isY' ,_J `/•`� • iAi G CLInrnJ/`'` /�NAME •u, ADDRESS 3 DESCRIPTION OF LANG B S-Y:LOT. t--• 3 v_,�`P 1� , / .1.3,CI•4C .` 111 O K APrtl I ION PARCEL NO. �r /�C� r ML'LS ANU UUUNUS.PLAT - -' RR .- S of R -o- J ur ft, / o i 4 APPLICANT //..4 - — % NAME d Al kr �jADDRESS coNranCTOR CEl NI L: p/� f?l7 -2 4 /f NAME ADDRESS F.' CLASS OF WORK ` -ADDITION , .-ALTERATION REPAIR I •MOVE -RAZING ' •HOUSE k-SIGN -PATIO PORCH , •STORAGE BLDG 4 ,-TANK . •DRIVEWAY _ -FENCE -GARAGE , 1,1 •.. Irl I•I II.N .q 1.14,.III I L:RdcI . / T-U-._ SQ. _. .1=7. . _c,.c- S, ". _01.3j 2 Pc,4aS Sires e;4 cK ) BBLDG WIDTH. 60r ,lav 4 co I BLOC. LENGTH BLDG. HEIGHT - -- --_ ---_ 9 ESTIMATED COST OR VALUE: a ✓` , J`--c V SPACEeELOW FOR OFFICIAL USE ONLY rvPE OF CONST TOTAL 50 FEET FIRE ZONE NO.DWELLING UNITS OCCUPANCY GROUP NO OF STORIES USE ZONE DIVISION MAR OCC LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES REO'D YES ^ NO COVERED 'UNCOVERED LIMITING CONDITIONS I 'PLICATION APPROVALS _At . 57 vi..6.- 7 /2 /17 Y-ZON .0 ADMINISTRATOR DATE � J , � 7e✓� ` _ .eiI„.. .,\ ? ,:7COMMENTS CITY ENGJE - y _ DA/TE _- TY 41 0714.3 74$7 CITY DUI DING OF* DATE APPLICATION FEES NOTES PERMIT S 2}f EI C. I. SEPARATE PERMITS ARE REQUIRED FOR PLAN CHECK S ELECTRICAL. PLUMBING. MECHANICAL. SEPTIC TANK.SIGNS.AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S 2.THIS PERMIT BECOMES NULL ANO VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- FIRE NUMBER S MENCED WITHIN 120 DAYS.OR IF CONSTRUCTION IS SUSPENOED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTION S • DAYS Ar ANYTIME AFTER WORK IS COMMENCED. SEWER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL ANO SEWAGE DISPOSAL SYSTEM S ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4.TWO SETS OF PLANS ANO SPECIFICATIONS MUST — ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE S FOLLOWING: TOTAL S 7%,j 7 A.COMMERCIAL PROJECTS 7 B.INDUSTRIAL PROJECTS X1T C.RESIDENTIAL DWELLINGS 4- G (OVER) V SIGNATURE OF APPLICANT 7 '/- DATE WHITE-INSPECTOR YELLOW-FILE PINK•APPLICAN- 1 1- - 5 IN Afli)I(10N 10 I .t.. , ^i AND SPECIFICATIONS, THE FLANS SHALL INCLUDE A SURVE, OF THE I ,PON WIIV II DEU I PD`l 1 ."-I ,..I, - ,I . OR CONSTPIJCT:ON IS TO RE DONE. PREPARED AND ATTESTED P. A r(I(.I:TI Ill I 1 '.I ',VI-YI)1( ••'1111'1.1,\,1, ii if 1-011 OWING INFORMATION A '.(.AI I ()I- DIlAWINI. R I.Or AND BLOCK- NUMBER • C DIMENSIONS OF LOT AND NORTH POINT D DIMr N•.IONS or rRDNr REAP AND SIDE YARDS 1- 1((CA;ION 01' Al J. FX IS TINT BUILDINGS ON THE LOT 1 1,„ A 11111.1 I.1 I`r(fI0•.l II III Ill DINO: 01? CONSTRUCTION C. I IIr :.I ION III •.I AKI S I SI AIII.151-IFU IIY THE SURVEYOR ALONG EACH SIDE LOT I INC ATTHF-FRONT AND PEAR BUILDING LINES. THE MAINTENENCE OF THESE STAKES ONCE ESTABLISHED BY THE SURVEYOR SHALL BE THE RESPONSIBILITY OF THE BUILDING PERMIT APPLICANT. II till •:IDI YARD ANTI SFTRACK DIMENSIONS OF BUILDINGS LOCATED ON ADJACENT LOTS 1 1111 I11. Al II,11 eel All 1 A'•l MINI•. A'. •;IIIIWN (IN IILCUl/ll PI Ar .) C.IIAI Ih. I I.I.vA TIONS A7 THE FOLLOWING POINTS. II EACH LOT CORNER IBOTH EXISTING AND PROPOSEDI 21 CROWN OF STREET AT EACH LOT LINE EXTENDED 71 TOP OF CURB AT EACH LOT LINE EXTENDED Nr)Tr 11 NO CI IRR'F)(IST'S, BLUE TOPS TO BE ESTABLISHED. II I'RI11'II'.1 II I AWN AND DRIVEWAY F.I.EVATIONS AT ALL SIDES OF BUILDING • 'i1 ELEVATIONS OF THE TOP OF FOUNDATION AND GARAGE FLOOR .-- NOTE SUCH ELEVATIONS MAY BE BASED UPON AN ASSUMED DATUM K. THE PROPOSED DISPOSAL OF DRAINAGE AND SURFACE WATERS! INDICATING DIRFC TION Or SURFACE WATER-DRAINAGE BY ARROWS I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. _ PLEASE SIGN ON REVERSE SIDE 4 p r 7//‘H I 1 I .....:..--.> 1 i I \ --------) Ca , . n.k.... :, ..,.. \ I it 11.\ i \./Li �� /� cp7- > --..-]•L DRAW SKETCH HERE WHEN REOUIREU m . EXHIBIT C RECREATIONAL VEHICLES "Firs:Choice in RV Sales& Rertais — City Of Shakopee June 1 /94 129 South Holmes Street Shakopee, MN. 55379 RE: Variance application. From: Don Weber Can Am Recreational Vehicles Unit B, 6220 Hwy 101 S, Shakopee, MN. 55379 To whom it may concern,?.--_-. This letter is to accompany our application for a variance. We wish to erect a lighted, permanent sign near Hwy 101 , in front of our office. Our office= s—located a considerable distance back from the road, and is blocked from view by buildings of neighboring businesses and trees on our left and right. Due to this blocked view, it is extremely diffi- to attract passersby to-bur off2;ce:Also, any custorers on their way to see us are having a hard time finding us. .. Of very real concern to.us is_ that the lack of a permanent sign gives our company an image of==instability, that is we don't appear as a long term company without a proper,.4ermanent sign. In our business of motorhome sales and rentals, an unstable image does not instill confidence in potential customers who may be investing a large amount of money. Specifications of the proposed sign_and it's location have been submitted with our application. Given our situation, we respectfully request that a variance be granted and a sign is allowed to be erected. Sincerely, Don Don Weber r 5220 Highway 10' South,Sha6.:_ee, MN 55379 Telephone (612 445-1252 J. 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" �T • „ ?-- `. `_, „.. ` V 'fi,�e�.tt?.,..,,__Teel }ra�T er 4 'SG.;T� • 2 5� �„ `ryti ^i..s+� 4�s •S► ..„...... ,:„.„...„77,,:.--;.;.:_.___.,15.7._;,_:,_. }`1 4�' .Y#t �' 2� -=-y=r �t j` `3r fi2 _`3r� +ty. aJ ' 4_i-�``"�.4 v+y .,.., �E st .•`:' - ;.,•., �r 1,.. 4-'. c_,a:, .- 1Y.'. j„ �3- .I a; •r,_• �„'i'„;� - ,\ '-�.. ?., .,•r•.... ` ` z ~ + r> 3�C-�r. �.�"s -, -.f� ,, .,'„-a��Y� `'$ .w�a i s-c .,,,T.-:--....... i;..'Y� ? .+•'_�y'-` � 1:144-_,....t,'-'% L -1G'+� � �I$� �:y-? %c, � ` 4 ,"t � 1--: :- r-` ' c<'�':El.... •SZ-sJi -�i- ;t.. '✓' u' ."'',2`.."..:-.1.":'r-F:-'' -a}1 f'� _-'- 't "--'r ' a "r : s - y. - =_ i 4.1 sr- ..�s..x g�•z'S r•• ti tr ,,s„-. •G.".: lO& MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/Community Services Director RE: Community Center - Lifetime Fitness DATE: August 11, 1994 INTRODUCTION: Staff has been evaluating various alternatives to obtain additional information with respect to the cost for constructing a community center in Shakopee. Nearly a month ago, several construction management firms were contacted and interviewed. Since that time, staff has been evaluating another option for obtaining facility design and construction cost estimates. BACKGROUND: Traditionally, municipalities utilize architectural and/or construction management firms to evaluate and design municipal facilities. In an effort to reduce facility design costs and enhance the design and project development process, staff has been investigating utilizing the services of Lifetime Fitness. Lifetime Fitness has extensive experience in operating health club facilities. Currently, Lifetime Fitness is constructing a 67, 000 square foot fitness club in Eagan. The principal partners of Lifetime Fitness have been in the fitness club business since the early 19801s. Together they have constructed over 15 private health clubs throughout the Untied States. Lifetime Fitness also has extensive experience in facility design and operation. Attached is a Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. The Memorandum of Understanding outlines a proposed scope of services that Lifetime Fitness would provide to the City of Shakopee at a cost not to exceed $ . The scope of services include developing a site plan and preliminary floor plan consistent with the facility components included in the Memorandum of Understanding. The list of facility components has been generated by staff consistent with the input received at the previous meetings of the Park & Recreation Advisory Board. The proposed scope of services to be completed by Lifetime Fitness also includes the development of a construction cost estimate and three year operating proforma for the conceptual facility. Lifetime Fitness is also to complete a market analysis identifying whether or not the area can support the facility. Lifetime Fitness believes that the facility components included in the proposed conceptual design can be completed within the $6 million allocation amount. I want to state that it is the ultimate desire of staff to have a facility designed that still provides for a community focus. The facility to be designed by Lifetime Fitness shall be one that promotes a sense of community and not that of a private health club. When the scope of services are completed as identified in the Memorandum of Understanding, we should have enough information to determine whether or not the complete facility can be constructed within the $6 million allocation amount. We should also have the necessary information to determine whether or not the project is feasible from a market and operational standpoint. It is essential to obtain this information before we can proceed with actual facility design and bid specification development. On August 8, 1994 the Park and Recreation Advisory Board reviewed the Memorandum of Understanding and facility design components. They are recommending to City Council that the appropriate City officials be authorized to execute a Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. The Memorandum of Understanding is still in draft form and is in the process of being reviewed by the City Attorney. Minor changes may be necessary in terms of the Memorandum format. The possibility of using Lifetime's services beyond this phase does exist. Lifetime has expressed interest in facilitating the final project design and bid specification preparation (Architech Services) as well as project overview during construction. (Phase II) Once the facility is complete, Lifetime is also interested in the possibility of developing an operational services agreement with the City. (Phase III) No council action is being requested at this time in terms of Phase II or Phase III. These two phases are distinct and separate from Phase I. Council will have the option of utilizing Lifetime on additional the additional phases or pursue more traditional service delivery methods. ALTERNATIVES: 1. Recommend to City Council that the appropriate City officials be authorized to execute the Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. 2 . Do not utilize services of Lifetime Fitness. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Recommend to City Council that the appropriate City officials be authorized to execute the Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. BAS/tiv TAMI\ADMIN\P&RMEMO MEMORANDUM OF UNDERSTANDING The City of Shakopee desires to utilize the services of Lifetime Fitness for planning and design services associated with the proposed community center project. Prolect Understanding The City of Shakopee desires Lifetime Fitness to complete a variety of tasks associated with a proposed community center on a 27 acre parcel of land, Southwest of the existing High School, between CR- 77 and CR-79 in Shakopee. The components to be included in the proposed community center are shown in Exhibit A. The City desires the conceptual design phase to include component program analysis, preliminary floor plan and preliminary cost estimates which adequately define the concept. The City also desires Lifetime Fitness to complete an overall site conceptual plan. Lifetime Fitness is also requested to complete a financial operating proforma for the facility. The study is to be completed by September 15, 1994. The City has allocated $6 Million to cover all costs associated with this project including consulting fees, engineering, architectural services, construction, grading, design, furnishings, landscaping and equipment costs. Scope of Services 1. Review the proposed site and prepare an overall site concept plan. (The City is to provide site topography and survey. ) 2. Determine and document with schematic drawings (site plan, floor plans and building elevations) . Note: City will provide plans and specifications for ice arena portion of facility for reference purposes. 3 . Provide a complete budget cost estimate that defines the proposed project. The budget should specify costs for each project component separately. 4. Complete a three year operating proforma for the proposed project. 5. Complete a market analysis to determine the feasibility of said project. 6. Attend necessary meetings with the City Council, Park & Recreation Advisory Board and City Staff to address design and cost factors associated with the project. Compensation Lifetime Fitness is to provide the above scope of services on an hourly basis to an estimated not to exceed labor amount of $ plus reimbursable expenses. The hourly labor rate to be charged for this project shall equate to $90. 00 per hour. Reimbursable expenses are defined as follows: 1. cost of out of town travel and lodging, 2. transportation costs at a rate of .29 cents per mile, 3 . printing and reproduction expenses at actual cost, 4. long distance telephone calls, postage, express mail and delivery charges, 5. photo copying and blue prints. The following parties hereby agree to accept the terms and conditions set forth herein: Lifetime Fitness Date Mayor City Administrator City Clerk Date TAMI\ADMIN\LIFETIME.MEM Exhibit A Community Center City Facility Components Sq. Ft. 1. Gymnasium (Two Court with dividing curtain) 10, 000 2 . Cantileavered Running Track 1/10th mile 3. Meeting Rooms (1000 sq.ft. ea) 4, 000 4. Mens Locker 1,500 5. Womens Locker 1,500 6. Family Changing Rooms 500 7. Lobby/Front Desk/Lounge/Commons/Gathering Space 3,000 8. Aquatics Area (Liesure Pool/Waterslide/Water Features/Separated Lap Swim/Whirlpool (Six Lane 25 yrds) Pool Office and Storage) 13, 000 9. Staff Offices 1, 000 10. Concession/Snack Area 900 11. Kitchenette 400 12 . Cable Studio 500 13. Miscl. Storage Space 1000 14. Site Grading/Parking Lot/Utility Services/Landscaping 15. Ice Arena 85 ft. x 200 ft. regulation rink. Four hockey locker rooms Staff Office/Skate Rental Room Mezzanine 16. Raquetball Courts (Two) 1, 600 17. Aerobics Room 2, 000 18 Cardiovascular Area 2, 000 19. Weight Room 2, 000 20. Daycare Room 1, 000 21. Outdoor Play Area (Playground Structure) 22 . Sauna 200 23 . Athletic Fields/Backstops/Safety Fencing (Site design to determine number of fields and type) /06 CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner MEETING DATE: August 16, 1994 RE: Rezoning from Agricultural (AG) to Urban Residential (R-2) INTRODUCTION: At its August 4, 1994 meeting, the Planning Commission reviewed a request from Gold Nugget Development, Inc., for an Amendment to the Zoning Map. They are requesting that the City rezone a 73.59 acre site proposed for residential development from Agricultural (AG) to Urban Residential (R-2). The Planning Commission recommended the approval of the request to the City Council. ALTERNATIVES: 1. Approve the rezoning request. 2. Do not approve the rezoning request. 3. Table the decision for further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the City Council approve the request to rezone the 73.59 acre site from Agricultural (AG) to Urban Residential (R-2), based upon its conformance with the Land Use Section of the approved 1990 draft Comprehensive Plan, and based upon the findings required in Section 11.04, Subd. 7 of the Shakopee City Code.. ACTION REQUESTED: Offer Ordinance No. 382, and move its adoption. {CITYCOUN REZMEADO.816) 1 ORDINANCE NO. 382, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE A 73.59 ACRE SITE LOCATED WEST OF COUNTY ROAD 79, EAST OF COUNTY ROAD 77, AND SOUTH OF THE UPPER VALLEY DRAINAGE DITCH FROM AGRICULTURAL (AG) TO URBAN RESIDENTIAL (R-2). WHEREAS, on July 12, 1994, Richard Novak of Gold Nugget Development, Inc. submitted an application requesting rezoning from Agricultural (AG) to Urban Residential (R-2) of 73.59 acres of land owned by them which is described on Attachment 1; and WHEREAS, a public hearing was held on August 4, 1994, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on August 4, 1994, and voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11 .21 is hereby amended by rezoning the 73.59 acre site described on Attachment 1 from Agricultural (AG) to Urban Residential (R-2). 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 , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994. (CITYCOUN\REZM EADO.81 6) ATTACHMENT 1 That part of the South Half of the Northeast Quarter and of the North Half of the Southeast Quarter of Section 12, Township 115 North, Range 23 West, Scott County, Minnesota lying southerly of a line that is 40.00 feet southerly of and parallel with the following described "Line A" and lying southerly of a line that is 68.00 feet northerly of and parallel with following described 'Line B'. "Line A" is described as commencing at the southeast corner of said Northeast Quarter; thence North 00 degrees 05 minutes 18 seconds West, assumed bearing, along the east line of said Northeast Quarter, a distance of 190.10 feet to the point of beginning of "Line A"; thence South 89 degrees 54 minutes 42 seconds West, a distance of 441.20 feet; thence westerly and southwesterly a distance of 817.47 feet along a tangential curve, concave to the southeast having a radius of 1,080.00 feet and a central angle of 43 degrees 22 minutes 04 seconds and said "Line A" there terminating. "Line B" is described as commencing at the terminus of said 'Line A"; thence South 46 degrees 32 minutes 38 seconds West, 61.55 feet; thence South 43 degrees 27 minutes 22 seconds East, 40.00 feet to the actual point of beginning; thence North 43 degrees 27 minutes 22 seconds West, a distance of 275.47 feet; thence Northwesterly, westerly and southwesterly a distance of 453.77 feet along a tangential curve, concave to the south having a radius of 282.00 feet and a central angle of 92 degrees 11 minutes 45 seconds; thence South 44 degrees 20 minutes 54 seconds West, a distance of 45.52 feet; thence southwesterly, a distance of 276.35 feet along a tangential curve, concave to the northwesterly having a radius of 928.00 feet and a central angle of 17 degrees 03 minutes 43 seconds; thence South 61 degrees 24 minutes 37 seconds West, a distance of 510.55 feet; thence southwesterly and westerly, a distance of 262.28 feet along a tangential curve, concave to the northwest having a radius of 428.00 feet and a central angle of 35 degrees 06 minutes 38 seconds and said "Line B' there terminating. r PE- 10:' L I N II Jl� II I � l l it Il { I l l z MCDEVITT ST. MIND THOMAS AVE, HENNES AV: 4/4 MENKE Amor z F j vi U U 0 z z MOUND H ST, v5 NATURAL i SAND ST, INC C.-- LN V r J Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: August 4, 1994 Re: Rezoning from Agricultural (AG) to Urban Residential (R-2) Site Information: Applicant: Gold Nugget Development, Inc. Location: Adjacent to CR 79 and CR 77, south of the Upper Valley Drainageway, and north of the existing P & V Addition. Current Zoning: Agricultural (See Exhibit A.) Adjacent Zoning: North:Ag Agricultural/Senior High School South:RR Jackson Township/Rural Residential East: R-2 Single Family Residential West: RR Jackson Township/Rural Residential Comp. Plan: 1980: Land Use was not Designated. (See Exhibit B.) Draft 1990: Single Family Residential. (See Exhibit C) Area: 73.59 Acres. MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: Gold Nugget Development, Inc. has submitted an Application for an Amendment to the Zoning Map. They are requesting that the City rezone a 73.59 acre site from Agricultural (AG) to Urban Residential (R-2). This site is being proposed for residential development by the applicant. Background: The site was annexed into the City of Shakopee in 1988 from Jackson Township. It has remained zoned Agricultural since that time. With this application, the applicant is requesting that the City rezone the site from Agricultural (AG) to Urban Residential (R-2). A map which provides the proposed rezoning of the site has been provided on Exhibit D. 1 r 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 residential land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximately to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibit E provides a list of the uses, both permitted and conditional, that are allowed in the Agricultural (AG) and Urban Residential (R-2) Zoning Districts. 2. The adopted 1990 draft Comprehensive Plan has designated this area, and the area to the north of the subject site for single family residential development. (Please refer to Exhibit B.) This land use classification allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. It includes locations already developed, as well as locations of new plats. It recommends that a new zoning district be created which allows only detached housing as a principal use. Action on this recommendation is becoming reality with the update of the Zoning Ordinance. 3. The Transportation Section of the draft 1990 Comprehensive Plan has designated both CR 77 and CR 79 as collector streets. This roadway classification provides both traffic movement and limited direct access. A collector street within the urban area has the capacity to carry 1,000 to 5,000 vehicles per day. 4. All departments and the applicable reviewing agencies have recommended 'approval, and staff has not received any opposition to this request. Findings,• Section.11.04, Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criterion including, but not limited, the criterion listed below: Criterion #1 The original zoning ordinance was in error. Finding #1 The current zoning designation for the subject site is not in compliance with the land use plan and would therefore be in error. The applicant's request to rezone the site from AG to the R-2 Zoning District would bring the site into conformance with the Comprehensive Plan. r 2 Criterion #2 °Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for the Urban Residential Zoning District within the.City`:of:Shakopee have not changed. Criterion #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 Significant changes in development patterns have not occurred which would-effect the directions established in the Comprehensive Plan for this area. Criterion #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 The rezoning of this parcel from Agricultural to Urban Residential would not be in conflict with the Comprehensive Plan's growth management program. Alternatives: 1 . Recommend that the City Council rezone the subject site from Agricultural (AG) to Urban Residential (R-2) (See Exhibit D.) 2. Recommend that the City Council deny the request to rezone the subject site from Agricultural (AG) to Urban Residential (R-2). 3. Continue the public hearing to allow the applicant and/or staff to provide additional information. Staff Recommendation: Staff recommends-Alternative No. 1, based upon its conformance with the Land Use Section of the approved 1990 draft Comprehensive Plan, and based upon the findings required in Section 11.04, Subd. 7 of the Shakopee City Code. Action Requested: Offer a motion to recommend that the City Council rezone the subject site from Agricultural (AG) to Urban Residential (R-2), and move its approval. 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IN .; - 1 . S.(,y,p ST i i t -- I tial I ! al I 1 I� ial - • - I 1_��- ` - - --- ... COPREHENSIVE PLAN I _ - LAND USE PLAN FOR YEAR 2010 I 1 M EXHIBIT C i ��_ i--. ..... // _ - / - .,_.... . ts .. .. , ,. : _. . .." 4/ . ... (� S C ,—:1-----• Z' .....,--- c3t 1 sy =.ii s t i `CI n a. 11 :A.+ i in .....• .. tiii!iiks\z„,....4 ,r--,;\ ..t„.... ::. . ,,,,..... ------r--; \B. 1 - '---' 5 , 4111( 1...- , I........... ..4,, crSili ti: i I 11 r.. .. ,.. -..,....... _ r-" 1, 1-4i�� it :- �� P ! R . ... . _ 1 {144 ' f i .;.ate` F !1 .--..-..,:e-F..--1..7.,..—.7. " — — .a _ — -�---t r=te _ T• i j a j PQ it (St-Sa -1 :i _ • _ i ; :i !_ :t _ PQ — — --- - _fi _ _; _...__- __� _ • Ji! y; :.;11 _ r ;1 i 1 •• ' � Trar,sporation Towns' ...._______ _ H p___________ PPIP4C-04L. taTEp.}1. SF SINGL M '"SIJ • NTL:FMc ._'E AaTEz'A. N%- MULTI C COMhE /lilt/1/1rM .,C,A AATER!AL I INDUS 111111 1 P P1(S °:.TCa P 1111111 L r .e TA EXHIBIT D PROPOSED ZONING _,,---r-----,- --,,, _ wt-?`- t 5e n - _ - e ■_mss -g. , -"i - " : • r- — -• t I .J - •• _�• " 1�5 t J�.�, • �- - �-1 _ -s; _ -y91 _ - - -- - -r - _ --: ,. :C8 .- t-'Q — �z_ _ _ - . _3 - t sj. 8 - - • •+ • • - L----- -..� 1 Age -`-• _2 - ��� _ .-_� 31.1..7.: - •� • CRY _ 1 _ i r. :\ ------• 't • Mali= r'•• - — T� t! , ►� , AG L.. � N • 90, . , II -r AG AGRICULTURE 5 R 1 RURAL RESIDENTIAL 1 ` R2 URBAN RESIDENTIAL LI R3 MID—DENSITY RES. R4 MULTI FAMILY RES. - B1 HIGHWAY BUSINESS _ =- ____ B2 COMMUNITY BUSINESS I i .., . B3 CENTRAL BUSINESS ! �Q1 i I1 LIGHT INDUSTRIAL • 12 HEAVY INDUSTRIAL / M' 1 S SHORELAND j I i I \-- >' FLOODPLAIN DISTRICT -•• MANDATORY PUD -• le - - _-- RTD RACETRACK DISTRICT, - - _ _ • Zoning Map City of SHAKOPEE EXHIBIT E § 11 . 24 SEC. 11.23. Reserved. SEC. 11.24. AGRICULTURAL PRESERVATION DISTRICT (AG). Subd. 1. Purpose. Agricultural Preservation areas are established for the purpose of preserving, promoting, maintaining and enhancing the use of land for commercial agricultural purposes, to prevent scattered and leap-frog non-farm growth, to protect expenditures for such public services as roads and road maintenance, and police and fire protection. Subd. 2. Permitted Uses. Within the Agricultural Preservation District no structure or land shall be used except for one or more of the following uses: A. Agricultural land uses. B. Farmstead residences. C. Single family residences - One (1) non-farm dwelling per quarter quarter section (40 acres) at a minimum lot size of two and one-half (2-1/2) acres. D. Forestry and nurseries. E. Seasonal produce stands. F. Essential services. G. Public recreation. _• H. Kennels and riding academies. I. Class II day care facility. Subd.3. Conditional Uses. Within the Agricultural Preservation District no structure or land shall be used for the following uses except by conditional use permit • A. Commercial feedlots. • B. Home occupations. C. Retail sales of nursery and garden supplies. D. Cemeteries. E. Churches. F. Schools. G. Commercial recreation. H. Repealed. • 1997 sd. 1161 r � § 11 . 24 I. Airport. J. Local government buildings. .. . ...... . .. K. A second home, which may be a mobile home, in addition to the permitted farmstead residence if placed on the farm building site and conforms to Section 11.05, Subdivision 8. L. Agricultural research facilities. M. All structures in excess of 35 feet in height. N. Animal hospitals and veterinary clinics. O. Class I day care facilities. Subd. 4. Permitted Accessory Uses. Within the Agricultural Preservation District the following uses shall be permitted accessory uses: A. Any incidental machinery, structure, or buildings necessary to the conduct of agricultural operations or other permitted uses. Subd. 5. Lot Area, Height. Lot Width and Yard Requirements. A. The maximum height of all buildings shall not exceed two and one-half (2-1/2) stories or thirty-five (35) feet. This height limitation shall not apply to grain • elevators, barns, silos, windmills, elevator lags, tooling towers, water towers, chimneys and smokestacks, church spires, electric transmission lines or radio or • television towers. B. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications setforth in other Sections of this Chapter. Minimum Lot Area: For Farmstead residences - none. For non-farm dwellings - 2-1/2 acres minimum lot size. Minimum Lot width (Single Family Detached: 150 feet. Front Yard: 30 feet. Side Yard: 20-feet. Rear Yard: 40 feet. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991) 1993.x. 1162 r § 11 . 26 SEC. 11.26. URBAN RESIDENTIAL (R-2). Subd. 1. Purpose. The major purpose of this District is to allow the continuation of existing residential development and infilling of existing lots in the-older residential areas of the City where central sewer and water systems are available. Subd. 2. Permitted Uses. Within any Urban Residential District, no structure or land shall be used except for one or more of the following uses: A. Single family detached residences. B. Two family residences. C. Community center. D. Public recreation. E. Essential services. F. A State licensed community residential facility serving six (6) or fewer mentally retarded or physically handicapped persons. G. Class II day care facility. Subd. 3. Conditional Uses. Within any Urban Residential District no structure or land shall be used for the following uses except by conditional use permit A. Churches. c"-:! B. Local government buildings. C. All home occupations. D. Cemeteries. E. Hospitals and clinics. F. Schools. G. Funeral home. H. Residential group homes,subject to the following conditions: 1. No more than ten (10) group home residents may be housed in excess of the persons allowed by the definition of"family", except that structures designed or newly builtspecifically for such uses may allow a greater number provided- that all other conditions of conditional use permit issuance are met. 1993 W. 1200 r' § 11 . 26 2. The minimum lot size for new construction is that prescribed for a two-family dwelling. 3. A minimum distance of 1,320 feet will be required between lots used for residential,group home facilities. 1. All structures in excess of 35 feet in height. J. Bed and Breakfast Inn, subject to the following conditions: 1. In the R-2 District the owner or operator shall reside upon the property or - shall. submit 'a Management Plan for approval by the Planning Commission, for the operation of the facility. 2. The establishment must comply with State Health and Building Code requirements. 3. Only guests shall be served. 4. The facility shall be limited to five guest rooms or a maximum guest capacity of ten. 5. The buildings must be at least 75 years old. 6. Guest stay shall be limited to thirty (30) days. 7. Off-street parking shall be provided in accordance with the parking - requirements• of this Chapter. A minimum of one space per guest room and one space for the operator shall be required. 8. Signage shall be in accordance with the provisions of the City Code regulating signs. 9. In the R-2 District, a minimum spacing of 350 feet radius between Inns shall be required. K. Class I day care facility. Subd. 4. Permitted Accessory Uses. Within the Urban Residential District the following uses shall be permitted accessory uses: A. Open off-street parking space not to exceed three spaces per dwelling unit B. Garages. C. Fences. D. Gardening and other horticultural uses where no sale of products is conducted on the site. • 1993.a. :l 1201 r.. § 11 .26 E. Recreation equipment. Subd. 5. Lot Area-._HeighL Lot Width and Yard Requirements. A. No building hereafter erected shall exceed two and one-half (2-1/2) stories or thirty-five."(35)feet in height. B. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other Sections of this Chapter. Minimum Lot Area With City Services (Single-Family Detached): 9,000 sq.ft. Minimum Lot Area With City Services Per Unit(Two-Family Dwelling): 5,500 sq.ft. Minimum Lot Area Without City Services: 20 acres Minimum Lot Width (Single-Family Detached): 60 feet Minimum Lot .Width (Two-Family Dwelling): 70 feet Front Yard:: 30 feet Side Yard 10 feet Rear Yard: 30 feet Minimum Lot Depth: 100 feet (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981;Ord. 159, February 28, 1985; Ord. 264, May 26, 1989) (The next page is 1220.) ) 1993.d. 1202 r - • * yy PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects engineering *# ** July 15, 1994 Mr. Lindberg Ekola City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 RE: The Meadows West Request for Rezoning P.E. Job $14038 Dear Mr. Ekola: This letter is to request rezoning from agricultural to R-2, 73.59 + acres of land that is to be called The Meadows West.- This parcel is located adjacent to County Roads 79 and 77, adjacent to and south of -the Upper Valley drainage ditch and north of the existing P & V and- the proposed Orchard Park Subdivisions. The proposed R-2 zoning is implementing the guided land use and zoning that is outlined in the City's Comprehensive Growth Management Plan. This proposed zoning will be compatible with existing surrounding land use, which includes existing and proposed single family housing to the east and south, and city park land to the north. The property located directly west of The Meadows West presently in Jackson Township but is in the process of being annexed to the City of Shakopee. At the time of annexation.this parcel will be guided R-2 residential. This 158 lot subdivision is expected to generate, according to the ITE Trip Generation Manual, an average of 10.062 trips per household per day for a total ADT of 1590. The site is currently bounded on the east and west by County Roads 79 and 77 which are both collector-streets. Vierling Drive, a minor collector will be extended through the site= rav:iding a connection between the two (2) existing collectors. There will be no lot frontage onto either of the collector or minor collector streets and the number of intersections along these streets are kept to a minimum. The additional traffic generated by the proposed subdivision is expected to be adequately handled by the ;existing and proposed road system. If you have any questions or require additional information, please call. Sincerely, PIONEER ENGINEERING, P.A. RIE c.� W JUL 3 1994 Theresa Hegland TH:blh p. 2422 Enterprise Drive • Mendota Heights, Minnesota 55120 •(612) 681-1914 • Fax 681-9488 625 Highway 10 N.E. • Blaine, Minnesota 55434 • (612)783-1880 • Fax 783-1883 • o-QJ CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner MEETING DATE: August 16, 1994 RE: Preliminary and Final Plat for the Scherer South Planned Unit Development (PUD) INTRODUCTION: At its August 4, 1994 meeting, the Planning Commission reviewed the Preliminary and Final Plat for the Scherer South Planned Unit Development (PUD), and recommended their approval, subject to conditions. ALTERNATIVES: 1. Approve the Preliminary and Final Plat for the Scherer South Planned Unit Development, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary and Final Plat. 3. Do not approve the Preliminary and Final Plat. 4. Table the decision for further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the City Council approve the Preliminary and Final Plat for the Scherer South Planned Unit Development (Alternative No. 1), subject to the conditions discussed in the attached staff report to the Planning Commission, plus the following recommendation from staff: Condition No. 1.D Lot 1, Block 1 shall be limited to two accesses onto Fourth Avenue. STAFF RECOMMENDATION: Since the time of the recommendation by the Planning Commission, it has been recommended that the City obtain the drainage easements that may be required if the City Council determines that drainage improvements would result in a new outlet to the north. The applicant has agreed to this dedication, and staff recommends that Condition No. 1.b be eliminated in lieu of this easement dedication. 1 ACTION REQUESTED: Offer Resolution No. 4061, a Resolution Approving the Preliminary and Final Plat for the Scherer South Planned Unit Development, and move its adoption. (CITYCOUNIPFPSCH ER.816) 2 RESOLUTION NO. 4061, A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLATS FOR THE SCHERER SOUTH PLANNED UNIT DEVELOPMENT (PUD). WHEREAS, the Planning Commission of the City of Shakopee did review both the Preliminary and Final Plats for the Scherer South Planned Unit Development on August 4, 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 Plats for the Scherer South Planned Unit Development, described as: That part of the East half of the Northeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying Southerly of the Southerly right-of-way of the Chicago, St. Paul, Minneapolis, and Omaha Railroad Company as the same is now located and established over and across said Section 5, except that part thereof lying Easterly of the following described line: Beginning at a point on the South line of said Northeast Quarter of Section 5, and point being 572.50 feet Westerly from the Southeast corner of said Northeast Quarter of Section 5, said point being 572.50 feet westerly from the Southeast corner of said Northeast Quarter of Section 5, as measured along said South fine of the Northeast Quarter of Section 5; thence northerly parallel with the east line of said Section 5 to said Southerly right-of-way line of the Chicago, St. Paul, Minneapolis, and Omaha Railroad and there terminating. 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 construction of required improvements: a) The developer agrees to construct all stormwater improvements on their property in accordance with Alternative No. 3 in the feasibility report as prepared by the City's consultant, OSM, and that the City agrees to reimburse the developer for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. C. The applicant shall submit a revised Final Plat drawing which dedicates a 130 foot wide easement in the northeast corner of the site, along both the north and east property lines. The easement is to be located between the proposed drainage easement for the retention pond and the north property line. D. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. E. Lot 1, Block 1 shall be limited to two accesses onto Fourth Avenue. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. Scherer Bros. must submit a petition to the City waiving their right to appeal any future assessments associated with additional drainage improvements that may be necessary. B. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of a Building Permit for the site: A. The applicant 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. The applicant shall comply with all requirements of Scott County Environmental Health (SCEH) regarding Hazardous Waste licenses. C. The applicant shall agree to construct a concrete reinforced slab (20' x 24' x 18" thick) beneath the railroad spur ballast to protect the existing 27" RCP CL 3 sanitary sewer. D. A total of two fire hydrants are required to serve the site, and each must flow 1,500 gallons when both are in use. The additional hydrant will be required to be located on the east side of the office building and parking lot. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney (CITYCO UN\PFPSCH ER.818) Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: August 4, 1994 Re: Preliminary and Final Plat for the Scherer South Planned Unit Development (PUD) Site Information: Applicant: Scherer Brothers Lumber Company Location: South of TH 101, north of 4th Avenue, and west of the existing Certain- teed property Current Zoning: Heavy Industrial (1-2) (See Exhibit A.) Adjacent Zoning: North:AG Agricultural (TH 101) South: I-1 Light Industrial East: 1-2 Heavy Industrial West: I-1 Light Industrial Comp. Plan: 1980: Heavy Industrial Draft 1990: Industrial Area: 28.4 Acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: Scherer Brothers Lumber has submitted applications for approval of both the Preliminary and Final Plat for the proposed Scherer South Planned Unit Development (PUD). The City Council approved both the Preliminary and Final Development Plans for this PUD at their June 21, 1994, meeting. The applicant received approval for the PUD in order to: 1) construct a fence 8 feet in height; 2) to construct multiple structures on one parcel of land; and 3) to perform retail sales within a portion of one of the proposed buildings. Background: In the spring of this year, the applicants submitted applications for approval of both the Preliminary and Final Plat for this development. However, since the time of the original submittal, the applicant decided to incorporate additional land between the subject site for the PUD and Shenandoah Drive into the plat. This was necessary 1 due to complications that would have resulted from the recording of the original plat. Due to advertising and notification requirements, the applicant withdrew the original application, and at the July 7, 1994, meeting of the Planning Commission, the public hearing was closed and no action was taken regarding the request. The applicants have since submitted revised applications for approval of both the Preliminary and Final plats. The revised application has been expanded to include approximately 130 feet of additional land located to the west of the original lot (labeled "Outlot A"). Considerations: General Considerations: 1 . The draft 1990 Comprehensive Plan has designated this area for Industrial development. This land use category allows a variety of light and heavy industrial activities, such as assembly, warehousing, wholesale distribution and sales, manufacturing, research and development, and office activities. Commercial activities would not be allowed unless specifically mentioned in the zoning districts which implement this land use plan category. In contrast, the Commercial designation includes retail and service businesses which sell primarily to individual customers, but not to other businesses. The Commercial designation does not include manufacturing, warehousing, trucking, or businesses which utilize extensive outdoor storage of goods or materials. 2. The subject site is currently zoned Heavy Industrial (1-2). The purpose of the Heavy Industrial Zoning District is to provide a full complement of urban services (such as water, sewer, rail, and highway transportation) to provide support for intense manufacturing and processing operations. 3. A railroad spur will be extended into the property from the north to provide transportation of the bulk of the materials to be stored at the site. The proposed railroad spur crosses the VIP sewer. A condition of the approval of the PUD requires the applicant to construct a concrete reinformed slab (20' x 24' x 18" thick) beneath the railroad spur ballast to protect the existing 27" RCP CL 3 sanitary sewer. Calculations verifying this design have been provided for staff's review. The easement for the VIP sewer has been shown on Final Plat. 4. Scott County Environmental Health (SCEH) has reviewed the proposal and commented that the surface water management plans look good. They suggested that the applicant contact their office (612-496-8177) regarding Hazardous Waste license issues. 2 5. The Building Official has commented that the applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer. 6. If the developer wishes a one year delay in the requirement to set the iron monuments for the plat, a request for such a delay must be submitted. A condition could be recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The City would require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. Engineering and Utility Comments: 7. When the original plat was submitted, staff expressed concern about the stormwater runoff from the site, and specifically the discharge of the runoff onto adjacent private property (Certainteed). In response to these concerns, the applicants petitioned the City Council to complete a feasibility study on the overall drainage improvements required for the subject site and the surrounding area. Staff was reluctant to recommend approval of the original plat until these stormwater issues were resolved. The feasibility study was recently completed and four alternatives for handling the stormwater from the entire tributary drainage basin were identified. All four of these alternatives require improvements at the subject site, as well as improvements on surrounding properties. These alternatives are tentatively scheduled to go before the City Council at their meeting on August 16, 1994. Scherer Bros. has agreed to construct all necessary drainage improvements on the subject site. A letter from the Public Works Director which describes these issues has been attached to this staff report as Exhibit C. 8. Shakopee Public Utilities (SPUC) has commented that water service to the site is available, subject to their standard terms and conditions, including a tank water charge at $612.00 per acre, and a water connection charge of $400.00 per unit. Electrical services are available subject to their standard terms and conditions. 9. The 8" watermain proposed for the site is to be private. A backflow preventer and water meter will be located in the garage. The existing 1" water service line in 4th Avenue to Scherer South will be disconnected and plugged at the 12" main. 3 10. The applicant has stated that the Stormwater Management Plan has been submitted to the Lower Minnesota Watershed District, and was approved at their meeting on May 11, 1994. A condition of the approval of the PUD requires that verification of this approval be submitted to the City prior to the recording of the Final Development Plan by the Scott County Recorder's Office. 11 . The approval of a NPDES Permit from the Minnesota Pollution Control Agency is required for the site. The applicant will be required to submit verification that they have complied with this regulations, including, but not limited to the following: A. Submitting a temporary erosion and sedimentation plan; B. Submitting a permanent erosion and sedimentation plan; C. Following the MPCA Standards for the above; D. Submit documentation that the requirements for the sedimentation pond will be met; and E. Submit verification that the NPDES permit has been applied for and a copy of the MPCA "Notice of Storm Water Permit Coverage". A condition of approval for the PUD requires that the applicant submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit prior to the recording of the Final Development Plan with the Scott County Recorder's Office. 12. The applicant has informed staff that there are no wetlands on the site, and staff has verified this claim. Staff is in the process of issuing a Certificate of Exemption to the Wetlands Act of 1991 to the property owner. Alternatives: 1 . Recommend to the City Council the approval of both the Preliminary and Final Plat for Scherer South, subject to conditions. 2. Recommend to the City Council the approval of the Preliminary Plat for Scherer South, subject to conditions. 3. Recommend denial of the Preliminary and Final Plat to the City Council. 4. Table the recommendation regarding the Final Plat to allow time for the drainage and stormwater issues to be resolved. 4 Staff Recommendation: Staff recommends Alternative No. 1, the approval of the Preliminary and Final Plats for the Scherer South Planned Unit Development, 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 construction of required improvements: a) The developer agrees to construct all stormwater improvements on their property in accordance with Alternative No. 3 in the feasibility report as prepared by the City's consultant, OSM, and that the City agrees to reimburse the developer for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. b) If the City Council determines that the ultimate drainage improvements result in a new outlet to the north, crossing the railroad tracks, Scherer Bros. agrees to dedicate the required drainage easements to construct those improvements. c) Scherer Bros. must submit a petition to the City waiving their right to appeal any future assessments associated with additional drainage improvements that may be necessary. C. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of a Building Permit for the site: 5 A. The applicant 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. The applicant shall comply with all requirements of Scott County Environmental Health (SCEH) regarding Hazardous Waste licenses. C. The applicant shall agree to construct a concrete reinformed slab (20' x 24' x 18" thick) beneath the railroad spur ballast to protect the existing 27" RCP CL 3 sanitary sewer. D. A total of two fire hydrants are required to serve the site, and each must flow 1,500 gallons when both are in use. The additional hydrant will be required to be located on the east side of the office building and parking lot. Action Requested: Offer a motion to recommend to the City Council the approval of the Preliminary and Final Plats for the Scherer South Planned Unit Development, and move its approval. {PLANCOMM\PFPSCHER.AUG} 6 EXHIBIT A • ;filiWis.:-.0.=;ii,...k . - . ... . .. . - ." •" ' in:;::si.a..:,,...a.:,...,.•-. \I VZ..., .... .. " "-"•''''''" -.,.**--.•.- , .. %NiV,ix,i,,,i,i., .-4....: .., •::%0*::if14::Wi:1*il.:Ali::.:'i:. •, - i:: ,:::::,,:X:i.,i,i-::::,-,... i, xr% .- i1::::::-:',..-,..: ',n;,:::A:60CRAN : .',.• ..,•1:5k. 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' • • . . ..i;.•: t •:.„,-€1_.....-1I,.\1,;; 4 1!1 SUBJECT SITE > ::.. .s..i.:..:....:....•.:.:.....--l:. :-:::•:i-::•:K:.••:::.•:E•:./••::•..•:.",.2...•..,•....•:—.••::..•:.•..•..•:.".1•.i...••i: •:i . I s • .......___ , --—— 1 ; 1 i , i 1 I 1 . i I • . I I I 1 ' I . ! 1 4 . 1 s I 4 4 I • • 1 AMMIMIIIMIMMill i=ri-=.&--. ---- 111S.IIIIIIIIIMINII.11118111M.M011•9=11111111111111111• _ AG AGRICULTURE I . Al RURAL RESIDENTIAL R2 URBAN RESIDENTIAL 1 R3 MID—DENSITY RES. • • • • , R4 MULTI FAMILY RES. RTD • • ! B1 HIGHWAY BUSINESS . • , B2 COMMUNITY BUSINESS c.--•.,..,,,,, :•:.•,,, B3 CENTRAL BUSINESS • Lu z •- 11 LIGHT INDUSTRIAL • . •—. • 12 HEAVY INDUSTRIAL . • • • • I S SHORELAND • 1- 1 Ici< 1-• -:: FLOODPLAIN DISTRICT • • --- MANDATORY PUD • • , • , RTO RACETRACK DISTRICT L______• • _ Zoning Map City of SHAKOPEE . - �, • = 1 IIS 1 Ii d ! 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Ili EXHIBIT C MEMO TO: Terrie Sandbeck, Assistant City Planner FROM: Dave Hutton, Public Works Director SUBJECT: Scherer Brothers Lumber Company DATE: July 27, 1994 I would like to address the stormwater issues related to the above referenced project and provide the Planning Commission with an update on the issues and recommended action. When this project was first submitted, staff was concerned about the stormwater runoff from developing this property and specifically the discharge of this runoff onto adjacent private property (Certainteed). The applicants indicated that the ultimate stormwater management plan would require public facilities beyond the boundaries of their plat and that other properties would possibly benefit from these stormwater improvements. Consequently, the applicants petitioned the City Council to do a feasibility study on the overall drainage improvements in this area. The Engineering Department has been reluctant to recommend approval of this plat until the stormwater issues were resolved. The feasibility report has been completed and it is anticipated that this would go to City Council for consideration on August 16, 1994. The report identified four alternatives for handling the stormwater from the entire tributary drainage basin. All four alternatives require certain improvements on Scherer Bros.property and other improvements beyond their property lines. Scherer Bros. has submitted a letter to me (attached) indicating that they are willing to install the facilities required on their site, contingent on the City reimbursing them for oversizing costs associated with the larger facilities needed for upstream properties. Staff supports that request, and as a matter of fact, the City Council has consistently granted approval of oversizing reimbursements to developers for situations like this whereby the improvements within a development benefit a larger area, in accordance with current policies. The other improvements needed outside of Scherer Bros. property is still subject to change depending on which alternative is selected by Council. To actually construct the selected alternative will take time due to public hearings required, possible permits from other agencies, easement acquisitions, design, bidding, and construction. I anticipate that these improvements will not actually get completed until sometime in 1995. Based on this and the fact that Scherer Bros. agrees to construct all necessary drainage improvements on their property, I recommend approval of this plat. r In regards to the stormwater issues, I would suggest the following conditions be included in the plat approval: The applicant should execute a developer's agreement for the following items: 1. Agreeing to construct all stormwater improvements on their property in accordance with Alternative No. 3 in the feasibility report as prepared by the City's consultant, OSM, and that the City agrees to reimburse the developer for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. 2. If the City Council determines that the ultimate drainage improvements result in a new outlet to the north crossing the railroad tracks, Scherer Bros. agrees to dedicate the required drainage easements to construct those improvements. 3. Scherer Bros. must submit a petition to the City waiving their right to appeal any future assessments associated with additional drainage improvements that may be necessary. DEH/pmp SCHERER r SCHERER Eli] BROTHERS LUMBER COMPANY away 9110 83rd AVENUE NORTHJUL 2 2 1994 BROOKLYN PARK,MINNESOTA OTA 55445-2197 1 PHONE(612)379-9633 FAX(612)627-0879 RECEIVE CEIVE July 20, 1994 Mr. Dave Hutton City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 RE: SCHERER SOUTH, OUR FILE NO. 22505 • Dear Mr. Hutton: Larry Leitschuh (Scherer Bros. ) and Mark Hanson (BRA Engineer) met with representatives from OSM and Gary Swenson (Certainteed) to review the draft Stormwater Feasibility Study for Northern Shakopee. At that meeting it was agreed that Alternative 3 is the preferred alternative for providing a public storm sewer system to serve this area, The estimated financial responsibility to Scherer South is $15,582 based on a total estimated project cost of $670,963. The total estimated project cost ($670,963) includes the cost to oversize the proposed 18" diameter storm sewer to 36" diameter in Scherer South from 4th Avenue to our pond. At our June 8 meeting we discussed the timing relative to construct- _ • ing a possible public storm sewer' through Scherer South to accommodate storm water runoff south of 4th Avenue. At that meeting it was felt if Scherer Bros. proceeded and constructed the required storm sewer pipe in accordance with the feasibility study, that Scherer Bros. would be credited the oversize cost. We have reviewed the oversize cost with our contractor and have determined the over- size cost as follows: -- DELETE: 18" FES W/TG 1 EA @ 597.00 597.00 18" RCPCL 5 3006 335 LF @ 22.90 7,671 .50 21 " RCPCL 5 3006 240 LF @ 25.60 . 6,144.00 24" RCPCL 3 3006 395 LF @ 27.05 10, 684. 75 $25,097.25 ADDITIONS: 36" FES W/TG 1 EA @ 1 ,367.00 1 ,367.00 36" RCPCL 3 970 LF @ 55.00 53 ,350.00 ROCK EXCAVATION 150 CY @ 50.00 7,500.00 $62,217.00 V EEO/Affirmative Action Employer Mr. Dave Huttton -2- July 20, 1994 The estimated oversize cost is $37,119.75. The rock excavation assumes 1 ' additional rock excavation over the entire length of storm sewer pipe (4 ' wide by 970 feet long) which is the worst case. Alternative 3 assumes 36" diameter storm sewer pipe will be constructed 1 ' deeper than our proposed 18" diameter storm sewer pipe as presently proposed. We request the City of Shakopee credit any future assessment to Scherer South for the storm sewer improvements constructed by us based on our cost to construct and oversize the public storm sewer pipe through our site. We would be pleased to meet and discuss this matter further at a convenient time. Yours very truly, Michael Scherer SCHERER BROS. LUMBER CO. CC: Bob Olson, Olson Co. Mark Hanson, BRA r /Dc MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner 6 MEETING DATE: August 16, 1994 RE: Amendment to the Zoning Map- Amend the Boundaries of the Floodplain to Exclude Portions of Valleyfair INTRODUCTION: At its August 4, 1994 meeting, the Planning Commission reviewed the a request from Cedar Fair Limited Partnership (Valleyfair) to amend the Official Zoning Map to exclude certain areas of the Valleyfair Amusement Park from the Floodplain District due to diking that has been constructed. Attached is a copy of the staff report from the August 4, 1994, meeting for your reference. DISCUSSION: Attached is a letter from Mr. Lawrence E. Samstad, P.E.and Engineer for the Lower Minnesota River Watershed District. Valleyfair has sent a copy of the information that was sent to FEMA and the DNR to Mr. Samstad. The role of this organization is advisory to the City. According to Section 11.34,regarding the Floodplain District,Subd. 12,amendments to the Official Zoning Map must be approved by the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). There is no reference to the Lower Minnesota Watershed District. Staff is unable to provide the legal description for the area to be removed from the Floodplain District at this time, and is waiting to hear from Valleyfair's legal council regarding this matter. When the corrected legal description is received, staff will attach it to the proposed ordinance. ALTERNATIVES: 1. Approve the request for the Amendment to the Zoning Map, and amend the boundaries of the Floodplain District to exclude portions of Valleyfair, subject to approval by FEMA and the DNR. 2. Approve the request for the Amendment to the Zoning Map, and amend the boundaries of the Floodplain District to exclude portions of Valleyfair,subject to approval by FEMA, the DNR, and the Lower Minnesota River Watershed District. 3. Do not approve the request for the Amendment to the Zoning Map. 4. Table the decision until approval is received from FEMA and the DNR. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council approve the request for the Amendment to the Zoning Map, and to amend the boundaries of the Floodplain District to exclude portions of Valleyfair (Alternative No. 1), subject to approval by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). ACTION REQUESTED: Offer Ordinance No. 383, an Ordinance Amending the Zoning Map to Exclude Certain Portions of the Valleyfair Amusement Park from the Floodplain District, and move its adoption. (CITYCOUN\REZVFAIR.818) ORDINANCE NO. 383, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO EXCLUDE CERTAIN PORTIONS OF THE VALLEYFAIR AMUSEMENT PARK FROM THE FLOODPLAIN DISTRICT. WHEREAS, on April 20, 1994, Jeffrey R. Benson of Dorsey & Whitney, representing Cedar Fair Limited Partnership (Valleyfair), submitted an application requesting rezoning to exclude certain portions of the Valleyfair Amusement Park from the Floodplain District that is owned by them, and which is described on Attachment 1; and WHEREAS, a public hearing was held on August 4, 1994, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on August 4, 1994, and voted to recommend approval of the rezoning request to the City Council, subject to the approval of the request by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11 .21 is hereby amended by excluding certain portions of the Valleyfair Amusement Park described on Attachment 1 from the Floodplain District, subject to the approval of the request by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). 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 , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994. (CITYCOUN\REZVFAIR.816) Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: August 4, 1994 Re: Amendment to the Zoning Map - Amend the Boundaries of the Floodplain to Exclude Portions of Valleyfair Site Information: Applicant: Cedar Fair Limited Partnership (Valleyfair) Location: One Valleyfair Drive Current Zoning: Heavy Industrial / Floodplain District (See Exhibit A) Adjacent Zoning: North:Ag City of Chanhassen South: I-2 Heavy Industrial East: B-1 Highway Business West: I-2 Heavy Industrial Comp. Plan: 1980: Commercial Draft 1990: Commercial, High Density Residential, and Open Space Area: Approximately 240 acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: The applicant is requesting that the City amend the Official Zoning Map to exclude certain areas of the Valleyfair Amusement Park from the Floodplain District due to diking that has been constructed. The applicant is in the process of obtaining the necessary approvals from the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR). Background: On March 8, 1994, the City of Shakopee sent a request from Cedar Fair Limited Partnership (Valleyfair) to FEMA requesting a revision to Community Panel No. 270434 0002C of the Flood Insurance Rate Map (FIRM) which was developed for the National Flood Insurance Program in 1978, and a revision to the Flood Boundary and Floodway Map (FBFM) for the City of Shakopee. FEMA has performed a preliminary review of this request and found that all of the required supporting data has been provided. Once a preliminary review of an application is complete, FEMA begins a detailed review of all requests. This review process usually takes approximately 90 days. FEMA began the detailed review of this application in late May of this year, and as of the writing of this staff report, the process has not yet been completed. Given the 90 day review timeframe, staff anticipates that a determination should be made by the end of August. If FEMA determines that changes to the Floodplain Maps are warranted, they will either physically revise the map, or issue a Letter of Map Revision (LOMR). Once this request is approved, the City of Shakopee will be required to reflect this change on the Official Zoning Map. The applicant has submitted this rezoning request prior to the determination by FEMA and the DNR due to time constraints, and the need to begin the Planned Unit Development (PUD) process. Valleyfair anticipates the submittal of their PUD for review by the Planning Commission at their meeting in September, and they would like to have this portion of the process completed prior to the review of their PUD. Considerations: 1. Section 11.34, Subd. 1 discusses the establishment of Zoning Districts within the Floodplain. The Floodplain is divided into two districts: 1) The Floodway District; and 2) The Flood Fringe District. The Floodplain, Floodway, and the Flood Fringe areas are defined as those areas designated as such within the Flood Insurance Study which was performed in 1978. 2. Section 11.34,Subd. 12, regarding Amendments to the Floodplain District, states the following: "The floodplain designation on the Official Zoning Map shall not be removed from floodplain areas unless it can be shown that the designation is in error, or that the area has been filled to at or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Chapter, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration (Federal Emergency Management Agency). " 2 3. Staff does not anticipate a determination regarding this request until late August. To expedite this process, the applicant is requesting the approval of this amendment to the Official Zoning Map contingent upon approval by both the Federal Emergency /Management Agency, and the Department of Natural Resources (DNR). Staff Recommendation: Staff recommends approval of this request for an Amendment to the Zoning Map, subject to approval by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). Action Requested: Offer a motion to recommend to the City Council the approval of the request to revise the Official Zoning Map to exclude certain areas of Valleyfair from the Floodplain District, subject to approval by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR), and move its approval. {PLANCOMM\REZVPAIR.AUG} 3 • EXHIBIT A EXISTING ZONING .:.:..-...... -..... • ..:,:i,,,,,,,,,:i:K:i: :-::::.: vi :., :*:. •--.,,, ••• •, ;ie•. . E:::.i.iti;.::.:ii4; .... • :tal.:i• . .::::::::•w::•:•::!1•;::11::: :::V!:::::::::* ...,................• ... . - ••••••• •....•• , ....... ••••••• j :.i.:4: i!: \ • ' ,, .t..._ '''.'i:,i.igf:'•::•. .,,,. , 1: :•• '......... Al• .! .......... . ...."." emo..•''''''''''''•AL.-4,..&114%;44,••::k F: ''. 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NtN,. 14\`fir , I/ i -, 1 i sz-\1.po: _, ii : I -, 3 1 I .V yI ! \ N. �� �� j i / y/, , i \N:61/4 fr!% i' 1 I / E !t • ,i---— \- .. 1 .1./ 7.;Al_ —1 t,' Z c 1 i —_ t :____.: lit•-*N-: *1117A1411/471\NN 1 II' 7 rt. - ' 1 . i fai - i 1 I i ,_.._._.(\\ ‘\\,\•\\- - \\\\.,x*-\, ,„-N\,\ s,s\ \\ , , , _7 . ,. __.__ \\ • ti O .s,,.:5-.,'< - \\ -,,.'.• \ ..\ \ti \�'�\ t \ -- -- -- - — _• — — \,.. - ,'",\ •\\ \\\•\ \'' • • i - \ �'� \1- ' o - Lower Minnesota River Watershed District • • 151 WEST 126TH STREET BURNSVILLE, MINNESOTA 55337, August 4, 1994 Cyril B.Eu Pret:dent Jim A.Kephart Vice Preside:: To: Board of ManagersMerrill M.Madsen Treasurer Wallace E.Neal.Jr. Asst Treasurer Edward A.Schlarapp - -< Secretary From: Lawrence E. Samstad, Engineer Lawrence E.Samstad- . r Engineer Brue:D.Mallt:rson A.~.orruy Re: Request to Revise Floodplain and Floodway Boundaries - Valley Fair- Shakopee. I have reviewed the Application for Amendment to the Zoning Chapter 11 of the Shakopee City Code made by_Cedar-.Fair Limited Partnership (Valley Fair) in Shakopee. The request is for a change in floodway andan exception of the diked area of Valley Fair from the existing floodplain designation. My review finds the following: • •.:;No application has-been made to the Lower Minnesota River Watershed District for similar ,.changes or exceptions under the District's "Flood Plain Regulations, as Amended" dated March 27 1974. • A statement in the-application is that one of the reasons for the application is "to correct certain •:inaccuracies in the original mapping". I am not aware of such inaccuracies and the District's mapswer.e_available for review at the time the Flood Plain Regulations were promulgated and passed-by the Managers March of 1974. •. There is no apparent reason why the Floodway needs to be changed. •.' -If the dikes were to be breached or abandoned, the area within the dikes would then continue to be in the Flood Plain. + 1..FEMA and Flood Plain Insurance requirements should be addressed by the application. • : Minnesota Det flood plain requirements should also be addressed by the application. • ... The=preceding two items should be investigated as to their effect on the City of Shakopee's :participation in both those programs. With-permission of the Managers, I will request submission of all materials given to the City of .Shakopee for review at the next regular meeting of the District Managers in September. Respectfully, Lawrence E. Samstad, P.E. Engineer HEMMED UG 41994 @PJL RDYMSG DISPLAY = "" @PJL RDYMSG DISPLAY = "WordPerfect Job" @PJL SET RESOLUTION = 600 @PJL ENTER LANGUAGE = PCL MEMO TO: Shakopee City Council /0 cI FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Budget Amendment - Resolution No. 4064 DATE: August 9, 1994 INTRODUCTION: The City of Shakopee has received a $500 . 00 contribution from the Inland Container Corporation Foundation. The Shakopee Park & Recreation Advisory Board is requesting that the $500 . 00 contribution be utilized to purchase supplies for the Fall Youth Soccer Program. BACKGROUND: For the past two years the Recreation Department staff has been considering the development of a Fall Youth Soccer Program. This year, there has been an increased interest in soccer due to the World Cup. Recreation Department staff has received a number of inquiries from Shakopee residents requesting that the City develop a Youth Soccer Program. On August 2, 1994, the Recreation Department staff held a meeting with parents who are interested in assisting the Recreation Department staff in developing a Fall Soccer Program for children in grades 1 - 4 . Since the program is a new program, we need to purchase the necessary equipment to implement said program. Because the program focuses on younger aged children, we will not have to incur major equipment costs at this time. The $500 . 00 contribution made by Inland Container Corporation will be adequate to offset costs associated with equipment and supplies for this fall' s program. In the future, if the program is to be expanded to include more age groups, additional funds will be necessary to purchase soccer goals and nets . Attached is Resolution No. 4064, A Resolution Amending the 1994 Budget Increasing the Supply Line Item Within the Park & Recreation Division by $500 . 00 . The $500 . 00 increase is being offset by the contribution from Inland Container Corporation. ALTERNATIVES: 1 . Offer Resolution No. 4064, A Resolution Amending the 1994 Budget, and move its adoption. 2 . Do not approve Resolution No. 4064 . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Offer Resolution No. 4064, A Resolution Amending the 1994 Budget, and move its adoption. BAS/tiv RESOLUTION NO. 4064 A RESOLUTION AMENDING RESOLUTION No. 3913 ADOPTING THE 1994 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenue Contributions ($ 500) General Recreation Supplies $ 500 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney ID MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Proposed Zoning Ordinance Amendments DATE: August 12, 1994 INTRODUCTION: At the August 4, 1994 meeting, the Planning Commission reviewed three proposed Zoning Ordinance Amendments. BACKGROUND: The three amendments being considered at this time include the following: 1. Hours of operation for mining in the Heavy Industrial (I-2) district (text) . 2 . Floodplain provisions (text) . 3 . Industrial Zoning (mapping) . Attached as Attachment 1 is a copy of the Planning Commission memo. Since the hours of operation portion was tabled to the September meeting, the Shiely variance staff report has not been included with Attachment 1. DISCUSSION: Hours of Operation The Planning Commission reviewed the proposed Ordinance Amendment to delete the hours of operation as well as three other alternatives. The Planning Commission, in their review, requested that additional information from staff and the Shiely Company be provided. A recommendation will be coming from the Planning Commission on this item after the September meeting. Floodplain Provisions The Planning Commission reviewed the proposed Ordinance Amendment to the Floodplain Provisions. These revisions were at the request of the Department of Natural Resources (DNR) in their review of the June 7 adopted Zoning Ordinance provisions. The Planning Commission is recommending approval of the DNR revisions. Industrial Zoning The Planning Commission reviewed the proposed map changes to the industrial areas in detail at their August meeting. Considerable discussion occurred on which areas should be mapped with which phase of the zoning mapping process. Following this discussion, the Planning Commission recommended that the areas shown on Exhibit 1 E of the Planning Commission memo (Attachment 1) should be mapped to I-1 and I-2 as noted on the map. ALTERNATIVES: 1. Adopt the Floodplain provisions as revised. 2 . Do not adopt the floodplain provisions. 3 . Adopt the industrial mapping areas as recommended by the Planning Commission. 4. Do not adopt the industrial zoned areas. 5. Amend the areas to be mapped in the industrial zoned areas and adopt the map. RECOMMENDATION: The Planning Commission recommends alternatives 1 and 3. ACTION REQUESTED: Offer Ordinance No. 384, A Resolution approving the Floodplain provisions as recommended by the Planning Commission and the DNR and the remapping of the I-1 and I-2 areas as shown on Exhibit E in the Planning Commission memo, and move its approval. 2 ORDINANCE NO. 384, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 377, WHICH ADOPTED A NEW CITY CODE CHAPTER 11,_ ZONING, BY REVISING VARIOUS PROVISIONS RELATING TO THE FLOODPLAIN AND BY ADOPTING A NEW ZONING MAP TO ZONE INDUSTRIAL AREAS. WHEREAS, the City Council has adopted a new zoning . ordinance, creating new zones; and WHEREAS, the first areas proposed for mapping under the new zoning ordinance are noncontroversial industrial areas, as described on 'Exhibit A; and WHEREAS, a public hearing was scheduled for August 4, 1994, before the Planning Commission, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed both the text amendment and the zoning map at their public hearing on August 4, 1994, and voted to approve both. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,. ORDAINS Section 1 - That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code by Repealing Chapter 11, Land Use Regulation (Zoning) ; Sec. 2 . 90,. Official Maps - Effect and Procedures, of Chapter 2, Administration and General Government; and Sec. 4 .30, Signs - Construction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and Regulations; and adopting one New Chapter in Lieu Thereof Relating to the same Subject is hereby amended as follows : 1 . By repealing Sec. 11. 02, Definitions, paragraph 6, Basement, and adopting one new paragraph in lieu thereof, which. shall read as follows : 6 . "Basement" - A portion of a building located wholly or partially below grade. For purposes of Sec. 11.56, Floodplain Overlay Zone, "basement" includes any area of a structure, including crawl spaces, having its floor or base below ground level on all four sides, regardless of the depth of excavation below ground level . 2 . By repealing Sec. 11 . 56, Floodplain Overlay Zone (FP) , Subd. 1, Purpose, and adopting one new subdivision in lieu thereof, which shall read as follows : r Subd. 1 . Purpose. The flood hazard areas of Shakopee are subject to periodic inundation which results _n potential loss of life, loss of priority, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare . The legislature of the State of Minnesota has, in Minn. Stat . Chapters 103F and 462 , delegated the} responsibility to local governmental units to adopt regulations designed to minimize flood losses . This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described above . 3. By repealing Sec . 11 . 56, Floodplain Overlay Zone (FP) , Subd. 6, Conditional Uses in the Flood Fringe Area, paragraph A, and adopting one new paragraph in lieu thereof, which shall -_read-as- follows : storage-of materials or equipment below the regulatory flood protection elevation, if, in time of flooding, the materials or equipment are buoyant, flammablc, cxplooivc, or potentially injuriouo to human, animal, or plant lifc. 4 By repealing Sec. 11.85, Conditional Use Permits, Subd. 3, Public Hearing, paragraph B, Shoreland Overlay Zone, and adopting one new paragraph in lieu thereof, which shall read as follows : B. Shoreland and Floodplain Overlay Zones Zone. The Commisisoner of the Department of Natural Resources shall be given written notice of all hearings to -"-- consider a conditional use permit in the shoreland overlay zone or in the floodplain overlay zone at least ten days before the day of the hearing. 5 . By repealing Sec. 11 . 85, Conditional Use Permits, Subd. 4, Decision, paragraph B, Shoreland Overlay Zone, and adopting one new paragraph in lieu thereof, which shall read as follows : B. Shoreland and Floodplain Overlay Zones Zane. A copy of any approved conditional use permit affecting land within the shoreland overlay zone or within the floodplain overlay zone shall be sent to the Commissioner of the Minncoota Department of Natural Resources within ten days after final action or approval . 2 r 6 . By repealing Sec . 11. 86, Conditional Use Permit Standards for Residential Zones, Subd. 2, Specific Standards in the Residential Zones, subsection K, and adopting one new subsection in lieu thereof, which shall read as follows : K. flood fringe storage of materials or equipment below the regulatory flood protection elevation, if, in time of flooding, the materials or equipment are buoyant, flammablc, cxplocivc, or potcntially injurious to human, animal, or plant lifc, shall submit a plan for removal of the materials and equipment from the area within the time available after a flood warning. 7 . By repealing Sec . 11. 87, Conditional Use Permit Standards for Business Zones, Subd. 2 , Specific Standards in the Business Zones, subsection L, and adopting one new subsection in lieu thereof, which shall read as follows : L. flood fringe storage of materials or equipment below the regulatory flood protection elevation, if, in time of flooding, the materials or equipment are buoyant, flammablc, cxplooiyc, or _potentially injurious to human, animal, or plant lifc, shall submit a plan for removal of the materials and equipment from the area within the time available after a flood warning. 8 . By repealing Sec. 11.88, Conditional Use Permit Standards for Industry Zones, Subd., 2, Specific Standards in the Industry Zones, subsection G, and adopting one new subsection in lieu thereof, which shall read as follows : G. flood fringe storage of materials or equipment below the regulatory flood protection elevation, if, in time of flooding, the materials or equipment are buoyant, flammablc, cxploaivc, or potcntially injurious to human, animal, or plant lifo, shall submit a plan for removal of the materials and equipment from the area within the time available after a flood warning. 9 . By amending Sec. 11.86, Subd. 2 .P.1; Sec. 11 .87, Subd. 2 .Q. 1; and Sec. 11 .88, Subd. 2 .L.1; by changing the statutory reference from Minn. Stat . Chapter 105 to Minn. Stat . Chapter 103G. 10 . By amending Sec. 11. 91, Nonconformities, Subd. 3 , Regulation of Type A Nonconformities by adopting one new paragraph, which shall read as follows : G. In the floodplain overlay zone, the cost of anv structural alterations or additions to anv nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the 3 r structure . The cost of all structural alterations and additions constructed since the adoption of the zoning • ordinance must be calculated into today' s current cost which will include all costs such as construction, materials, and labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must be brought into conformity with the provisions of Sec . 11 . 56 , Floodplain Overlay Zone (FP) . 11 . By amending Sec . 11 . 91, Nonconformities, Subd. 4 , Regulation of Type b Nonconformities by adopting one new paragraph, which shall read as follows : C. In the floodplain overlay zone, the cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure. The cost of all structural alterations and additions constructed since the adoption of the zoning ordinance must be calculated into today' s current cost which will include all costs such as construction, materials, and labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must be brought into conformity with the provisions of Sec. 11 .56, Floodplain Overlay Zone (FP) . Note: The rcdlincd language is deleted; the underlined language is inserted. Section 2 - That the land described in Exhibit A is hereby mapped under the new zoning ordinance as identified on the Exhibit, in conformity with City Code Sec. 11 . 03 . Section 3 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 4 - Effective Date. This ordinance becomes effective at the later of its passage and publication or the effective date of Ordinance No. 377 . 4 Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: r � : ,/ City Attorney Published in the Shakopee Valley News on the day of , 1994 . [12CCL] 5 7 MEMO TO: Shakopee Planning Commission FROM: Lindberg--S.- -Ekola, Planning Director RE: Proposed Zoning Ordinance Amendments MEETING DATE: August 4, 1994 INTRODUCTION: At the July 12 , 1994, meeting the City Council authorized the initiation of amending the Zoning Ordinance text and mapping. The Planning Commission will hold a public hearing on the proposed amendments at their August 4 meeting. BACKGROUND: The proposed amendments to be considered by the Planning Commission at the August meeting include the following items: 1. Floodplain provisions (text) 2 . Hours of operation for mining in the Heavy Industrial (I- 2) district (text). 3 . Industrial zoning (mapping) The discussion for each of these three items will be addressed independently in this memo. The Planning Commission may wish to review public testimony for each item separately since several different parties may be involved with each topic. The process of updating the Zoning Ordinance has involved a lengthy review process. The 1990 Comprehensive Plan recommended that the City closely review the existing Zoning Ordinance which was originally adopted in 1979 and possibly update several sections. In 1992, the City began the Zoning Ordinance update process by budgeting and hiring a zoning ordinance consultant. In 1993, the City Council authorized the appointment of twelve people to the Zoning Ordinance Committee (ZORC) . The ZORC held numerous meetings in their review of the draft text prepared by the consultant. The ZORC made numerous revisions to the text. Following the ZORC review, the Planning Commission reviewed the recommended text in a series of public hearings. The Planning Commission also incorporated numerous revisions to the text and recommended a document to the Committee of the Whole. The Committee of the Whole also reviewed the text in great detail at numerous meetings. On June 7, 1994 the City Council adopted the 180 plus page Zoning Ordinance document. Having reviewed the text in great detail, the mapping of zoning districts now needs to take place. Staff has recommended that areas which are consistent with the policies established in the Comprehensive Plan and involve little or no controversy in terms of zoning mapping should be considered first. In addition, some text 1 r revisions have been identified in the review of the Zoning Ordinance by outside agencies and the City Council. A copy of the June 7 Zoning Ordinance text is being distributed to the members of the Planning Commission with this agenda packet. Please refer to that text for more detail information on the Zoning Ordinance text. DISCUSSION: Floodplain Provisions: The Department of Natural Resources (DNR) requires that all floodplain ordinance amendments be reviewed for conformance with state standards. Attached with this memo (Exhibit A) is a letter from DNR staff identifying areas in the new Zoning Ordinance text which need to be amended in order to comply with the state standards. The City Attorney has reviewed these comments and found the requested changes to be acceptable and generally of limited impact. The Shoreland section of the Zoning Ordinance is also being reviewed by DNR staff at this time. Staff has not received comments back from the DNR but will follow through with the Shoreland review as appropriate. If changes are required by the DNR in this section of the ordinance, staff will bring that to the Planning Commission as appropriate. Hours of Operation in the I-2 District: The Shiely Company has recently requested that a variance be granted to allow their company to operate the mine starting at 6 A.M. rather than 7 A.M. The Board of Adjustment and Appeals denied the variance. On July 12, the City Council reviewed the appeal of the Board of Appeal and Adjustments' decision on this variance request. The City Council upheld the board's decision but discussed the possibility of reconsidering the hours of operation. City Council directed staff to bring this item back to the Planning Commission for additional consideration. Section 11. 05, Subd. 7 .C.8 of the Zoning Ordinance states that all mining operations shall be conducted between the hours of 7 A.M. and 7 P.M. Attached with this memo is a copy of the variance memo sent to the Board on Shiely's request. In 1991, the City Council adopted an ordinance which deleted mining as a conditional use within the Agricultural (Ag) and the Rural Residential (R-1) zoning districts. With the adoption of the new Zoning Ordinance text in June of this year, the City Council further structured the mining provisions in the Zoning Ordinance. The new Zoning Ordinance would allow mining in an overly zone (page 62 of the new Zoning Ordinance) and only within the Heavy Industry 2 r District or with the existing nonconforming operations in the community. These Zoning Ordinance changes have significantly reduced the potential impacts of mining operations on sites directly adjacent to residential areas. From a land use perspective, the 1990 Comprehensive Plan has located industrial uses generally towards the northeastern portion of the City. The Land Use Plan from the 1980 Comprehensive Plan had two industrial land use categories (light and heavy) with the light industrial buffering the rest of the city from the heavy industrial uses. The existing zoning map was adopted to implement the light/heavy industrial land use concept which has been very successful. Attached are Exhibits B, C, and D which illustrate the two land use plans and the existing zoning districts. (These exhibits will be referred to in the following discussion on Phase I - Industrial zoning mapping. ) The 1990 Comprehensive Plan provided some specific policy direction on mining. It recommended that the mining uses be studied in the zoning update process and that appropriate land use controls be developed. The overly zone concept was recommended by the zoning ordinance consultant as a means to provide the City with additional. legislative controls on the mining operations. The impact of the mining hours of operation in the I-2 zoned areas of the City are less of a factor than they were under previous Zoning Ordinance provisions when mining was allowed as a conditional use in the Ag and R-1 districts. Although staff has not received a specific complaint on the Shiely operations, some general noise concerns have been identified with respect to the Shiely site and surrounding uses. Residents around Dean Lake have voiced concerns on noise levels from the industrial park area. Sudden bursts of noise from various activities in the area is one of the most frequent comments made by the residents. The noise regulations are based on the average noise levels on an hourly basis. Staff has found it difficult to explain noise regulations concepts to disrupted citizens. The existing residences south of Dean Lake are approximately 5000 - 6000 feet from the Shiely site. Future residences east of Dean Lake (proposed by the group which included the Shakopee 500) would be approximately 1500 to 2000 feet away. In addition to the noise considerations, the increased hours of operation from a mine can place impacts on increased trucking on City streets. Another consideration for the Planning Commission is that the increased hours of operation may result in the increased de-watering of the Shiely site. Staff has identified four alternatives for the Planning Commission to consider with regard to the mining hours of operation: 1. Maintain the 7 A.M. to 7 P.M. mining hours of operation. 3 r 2 . Approve the 6 A.M. to 7 P.M. hours of operation as requested by Shiely Company. 3 . Restrict mining operations to daylight hours from April to November. 4 . Delete all hours of operation restrictions on mining in the I- 2 district. Another alternative to the hours of operation for mining may be to separate certain activities involved in the mining operation from the hours restrictions. Staff is familiar with some basis operations which occur at the Shiely site including blasting, loading and hauling, crushing, and washing. Consideration could be given for allowing some mining activities to occur beyond the hours of operation. Additional research is needed on mining operations and the more specific activities which typically occur. Remapping of the Industrial Zones: With over 8,000 parcels of property in the City of Shakopee, it will be important that the remapping of the zoning districts take place in a strategic manner. -Staff has suggested that areas with limited or no controversy in terms of zoning mapping be considered initially. The zoning mapping process may occur in two or more phases. The effort to remap the industrial properties reflects the first phase. Since the text of the Zoning Ordinance did not create new industrial zoning districts, staff believes that the remapping of existing industrial zoned properties within the urban service area should be relatively free of controversy. Staff would also note that there has not been significant changes in the 1980 or the 1990 Comprehensive Plans with respect to the industrial designated areas in the community. Attached is a copy of the map (Exhibit E) for those areas being considered for Phase I mapping. A general description of these areas includes the following: Area 1 - The Rahr Malting plant site and I-i site north of 3rd Avenue. Area 2 - The Sarazin Street/Shenandoah Drive I-1 area. Area 3 - The existing I-2 industrial park area. Area 4-- The I-i Maras Street area. Exhibit D illustrates the existing zoning patterns. Also attached with this memo are copies of the land use plans from the 1980 and 1990 Comprehensive Plans (Exhibits B and C) . FINDINGS: Section 11.04, Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on 4 r findings or criteria including, but not limited, the criteria listed below: Criteria # 1 The original zoning ordinance was in error. Floodplain Provisions - Based on the DNR's comments the June 7 text wasin error. Hours of Operation - The existing mining provisions listed in Section 11. 05 were incorporated in the Zoning Ordinance within the time frame in which mining was allowed as a conditional use in the Ag and R-1 districts. Although the restriction of mining in 1-2 district:` will limit future mining activity to the I-2 zoned areas, future residential growth around Dean Lake will need some protection. Staff believes that hours of operation concept still has merit. Industrial Mapping - The original industrial zoning patterns for the recommended areas were not in error and continue to implement the goals and policies from the Comprehensive Plan. Criteria #2 Significant changes in community goals and policies have taken place. Floodplain Provisions - Based on changes in the DNR's statewide policies the City's goals and policies for floodplain provisions have been adjusted. Hours of Operation - With the adoption of the new Zoning Ordinance provisions, significant changes in the City's policies have taken place toward reducing impacts of mining operations on directly adjacent residential areas. Industrial Mapping - significant changes in the City's goals and policies have not taken place which would require a new zoning designation for the recommended areas. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Floodplain Provisions - To avoid significant changes in development patterns which could be potentially negative, the DNR has established state standards for floodplain regulations. This proposed amendment would adopt the required standards for the City. 5 r Hours of Operation - As the City grows, the benefit of the light/heavy industrial land use concept will become more apparent. The City will also experience an increase in competing concerns of industrial activities and residential privacy. A deletion of hours of operations controls entirely would likely be a negative impact especially on future residential uses east of Dean Lake. Industrial Mapping - Significant changes in development patterns have not occurred. The proposed industrial zoning mapping would readopt the same I-i and I-2 boundaries from the current zoning map. Criteria #4 The amendment is necessary to implement the Comprehensive plan's growth management program. Floodplain Provisions - The new floodplain provisions are necessary to implement the DNR's floodplain standards. Hours of Operation - Maintaining some hours of operation control is necessary to implementing the City's growth management program and land use compatibility. Industrial Mapping - The remapping of the industrial districts as proposed is necessary to implement the growth management program. ALTERNATIVES: Floodplain: 1. Recommend approval of the floodplain provision changes as directed by the DNR. 2 . Do not, recommend approyal, of the floodplain changes. Hours of Operation: 3 . Recommend approval of the hours of operation from 6 A.M. to 7 P.M. or one of the other alternatives listed in the staff report. 4 . Do not recommend that the hours of operation for mining be changed. 5. Table the recommendation for additional information from the applicant. 6 r Industrial Mapping: 6. Recommend that the industrial mapping of existing zoning areas as identified on Exhibit E be approved by the City Council. 7. Do not recommend that these areas be rezoned. 8. Table the recommendation for specified portions of the industrial mapping for further research. STAFF RECOMMENDATION: Staff recommends alternatives 1, 3 and 5. ACTION REOUESTED: Offer a motion which recommends to the City Council approval of the floodplain provisions as identified by the DNR, adjust the mining hours of operation from 6 A.M. to 7 P.M. , and the remapping of I-1 and I-2 areas as shown on Exhibit E. 7 r STATE EXHIBIT A DEPARTMENT OF NATURAL RESOURCES • 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155•4:. DNR INFORMATION (612)296.6157 July 7, 1994 Ms. Karen Marty. City Attorney City of Shakopee, City Hall 129 South Holmes Shakopee, MLN 55379-1376 Dear Ms. Marty: CONDITIONAL STATE APPROVAL OF FLOODPLALN ORDINANCE The Department of Natural Resources has completed its review of the ordinance is considering for adoption. The ordinance was entitled CHAPTER 11. ZONING-SEC. 11.56. FLOODPLAIN OVERLAY ZONE (FP). Our review determined that the ordinance was not yet totally compliant with "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota," Minnesota Regulations, Parts 6120.5000 to 6120.6200. Please take appropriate steps to revise the draft ordinance consistent with the following listed items: 1. Insert the language from Sec. 1.1 Statutory Authorization from the model ordinance at the beginning of SEC. 11.56. FLOODPLAIN OVERLAY ZONE (FP) or incorporate the statutory references at the beginning of your general zoning ordinance. �fn Sec. 11.02. DEFINITIONS.6. "Basement" add the additional language from Sec. 2.812 Basement from the model ordinance. 3. In SEC. 11.56. FLOODPLAIN OVERLAY ZONE (FP), Subd. 6.A. Storage of Materials...;SEC. 11.86. CONDITIONAL USE PERMIT STANDARDS FOR RESIDENTIAL ZONES Subd. 2. K.; SEC. 11.87. CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES Subd. 2. L.; and SEC. 11.88. CONDITIONAL USE PERMIT STANDARDS FOR INDUSTRY ZONES Subd. 2. G.: such uses are prohibited in the floodplain district (see Secs. 4.46 and 5.45 of the model). Sec. 11.84, Subd. 13 Special Provisions in the Floodplain Overlay Zone., insert the notification language from Secs. 10.41 and 10.42 of the model. 5 I—n SEC. 11.91. NONCONFOR.MITIES. the additional language in Sec. 11.13 of the model ordinance must be incorporated into both Type A and Type B Non conformities. -----671—n SEC. 11.86. Subd. 2. P. 1., SEC. 11.87. Subd. 2. Q, 1., and SEC. 11.88. Subd. 2. L. 1., change the statutory reference to Minnesota Statutes Chapter 103G. AN EQUAL OPPC�-U'N TY E,•--- 'ER Page Two We anticipate that you agree to make these amendments to the ordinance prior to holding the public hearing regarding the aforementioned revisions. Consequently, on behalf of the Commissioner of Natural Resources, I hereby conditionally certify state approval of the above cited ordinance revision in accordance with :Minnesota Statutes, Section 103F. This approval is valid upon receipt by September 1 of three (3) certified, signed copies of the formally adopted ordinance (including the necessary revisions cited above) and a completed copy of the Ordinance Certification Checklist (attached) by Area Hydrologist Pat Lynch located at the following address: DNR-Division of Waters • 1200 Warner Road St.Paul, NN 551Q6 Any changes of the subject draft ordinance prior to adoption (other than those cited above) must be approved by this agency prior to adoption before they can be considered valid. Also be advised that any future amendments of this ordinance or change in the designation of flood prone areas requires prior approval of the Commissioner. 'ote that you are required to send copies of hearing notice and final ecis' elating to variances and conditional use permits relating to this or ' ance to the Department. PIease send these directly to Area Hydrologist Pat Lynch and rely on him for assistance in administering your ordinance. Since your administration of a floodplain zoning ordinance is a pre- requisite of your eligibility in the National Flood Insurance Program, a certified copy of the adopted ordinance will be sent by this office to the Federal Emergency Management Agency. Your cooperation and initiative in providing for the reduction in flood damage through the administration of this ordinance is greatly appreciated. Sincerely, DIVISION OF WATERS 1j�t,t,t cyi IA 41.1 Ogb ghi Siu'6� jm. Supervisor Land Use Management Unit OS/BA:fw cc: Dale Homuth, Regional Hydrologist Pat Lynch, Area Hydrologist Jeanne Kern. FEMA w Page Three • 1). 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. 2). 2.812 Basement - means any area of a structure, including crawl spaces. having its floor or base-subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 3). 4.46 Storage of Materials and Equipment (Floodway):(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.5.45 Storage of Materials and Equipment (Flood Fringe):(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 4). 10.41 Hearings. Upon filing with the Board of Adjustment and Appeals an application for a Conditional Use Permit, the Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.10.42 Decisions. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 5). 11.13 The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous .and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. rI. t , EXHIBIT B - — I N In E ::. elA\ 1 CD T \ d I/ .. I� /��= 1� ` o� t s \ 1 II s i Il 1 0 ; t I I /� ,.. d II I >- 5 0, . g JI �s` /1I II J G // I/ = IC . 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Affiirof • , . . , • , . . 1 I., i i - • . . • , ... • , v : • , • . .... ;' • • 1 - I r 4 4 I t 1 •____ • 411 1/0 1111.0111010 - a ' ..... 44.. ,.... ....... , . . , ,,,,., ...... , . , ‘ , 1 ., . . i , . . , / 1 %, iii, 1 , , \ , . , I . „ . . . , . • . II . , , , . . . : • , , . • A4 • . , .. . . . . . . . /a, MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Danny's Construction DATE: August 12, 1994 INTRODUCTION: Staff recently received a letter from Mr. Keiran O'Brien regarding the acquisition of two remnant parcels from the Minnesota Department of Transportation (MNDOT) . The proposed remnant parcels are from the Danny's Construction and Eide Tool Company sites which were purchased in total by MNDOT for the Shakopee Bypass. Attached is a copy of the letter from Mr. O'Brien, owner of Danny's Construction. BACKGROUND: O'Brien Proposal Over the past several months staff has been working with representatives from Danny's Construction to identify alternatives for the future location of Mr. O'Brien's business. The alternatives identified range from redevelopment of a remnant portion of the existing parcels to the relocation elsewhere in the community. The remnant parcels are located north of CR 16 and west of CR 83 . Prior to the acquisition by MNDOT, Mr. O'Brien's business utilized most of the site for exterior storage for items including scaffolding, cranes, large wooden timbers and other construction equipment. A six foot high chain link fence with plastic slats surrounded the perimeter of the site. The building on the site included an office, two overhead cranes, work and storage spaces. Eide Tool Company manufactured steel components on their site. Mr. O'Brien's intent is to repurchase the remnant portions of the two properties and operate his business. The business involves an extensive amount of exterior storage. In his letter, Mr. O'Brien claims that his proposal is viable based on what he believes is a continuous use of exterior storage on both remnant properties. City Land Use Policies Due to the site's location near the CR 83/Shakopee Bypass intersection, the City Council's land use policies for this area have been directed toward commercial uses. Attached is a copy of the land use plan from the 1990 Comprehensive Plan which designates Racetrack related uses for the subject site (Exhibit B) . The 1980 Comprehensive Plan identified commercial uses for the subject site (Exhibit C) . 1 The Eide Tool company parcel is zoned RTD and the Danny's Construction property is zoned Heavy Industrial (I-2) . Attached is a copy of the zoning map (Exhibit D) . Since the zoning of Danny's Construction is not in conformance with the land use policies established in the Comprehensive Plan, staff would recommend that the remnant parcel be rezoned to a commercial designation in the zoning mapping process. The visibility of the subject site from the elevated bypass in the CR 83 gateway area will be greatly increased with the new highway. Intensive exterior storage in this area will become increasingly undesirable with greater visibility. MNDOT Acquisition In 1993, Mr. O'Brien entered into an agreement with MNDOT on the purchase of his entire parcel for the construction of the Shakopee Bypass. In his negotiations with MNDOT, Mr. O'Brien negotiated the retaining of the ownership of the building (80 feet x 180 feet) and the perimeter chain link fence at the salvage value of $5, 250. The agreement also allowed Mr. O'Brien the opportunity to lease the property back from MNDOT during which time he would move the building and fencing to a new location. In the negotiation process, Mr. O'Brien also expressed interest in buying back any surplus or remnant land from MNDOT when it could be released, at an amount of $19,000 per acre. The agreement specifies that the resale of remnant land to Mr. O'Brien would be a separate transaction and was not tied to the agreement for MNDOT land acquisition for the Bypass. DISCUSSION: The policy directions established by the City Council in the Comprehensive Plan have guided staff in their working with representatives from Danny's Construction. The opportunity to redevelop the remnant portions of the former industrial operation sites (Danny's Construction and Eide Tool) to commercial uses in conformance with the City's policies, best exist for the City at this time with the Bypass project and MNDOT's acquisition. Mr. O'Brien, as well as the Eide Tool Co. property owners have been fairly compensated for their properties. Since Mr. O'Brien wishes to pursue acquisition of the remnant parcel and his proposal is not in conformance with the Comprehensive Plan, staff is recommending that action be taken by the City to facilitate the redevelopment of the property in a manner that is consistent with the Comprehensive Plan. The redevelopment of the industrial properties to commercial uses is a legitimate public purpose. 2 1 Staff has contacted MNDOT regarding the potential acquisition of the site by the City. MNDOT staff has indicated that they will offer the remnant parcel to the City at a price of $19, 000 per acre. Per MNDOT policy, the City has been given the first right of refusal for the subject site. MNDOT staff indicated that the City would only be required to provide a commitment in the form of a resolution to purchase the remnant three acre site (approximately $57,000) . See Exhibit E. The City could utilize this site to negotiate possible land trades for a fire station site or perhaps consider the site itself as a possible fire station location. The City could also consider selling the property to the HRA for redevelopment purposes. It should be noted that the purchase or reconveyance of the property cannot happen until the project is complete per MNDOT policy. The Shakopee Bypass completion date is scheduled for 1997. Staff feels that relocation alternatives for Danny's Construction should also be addressed by the City Council. In previous discussions with representatives from Danny's Construction, the opportunity for rail access was one additional site location factor under consideration. The Wheeler property on the west side of the City is one site previously considered. Staff would also note that a portion of the Viking Steel property (the former Terminal Transport site) , located at the northwest corner of 4th Avenue and Viking Steel Road is currently being used as a temporary exterior storage facility for Danny's Construction. Danny's Construction representatives worked with City staff in developing plans for the use of the Viking Steel property which is an acceptable site with berms and landscaping for screening of their exterior storage. In the release of the building permit for the structure constructed on the Danny's Construction site, the City Council discussed the potential conflict between the building of the structure and the proposed Shakopee Bypass. At that time, in 1976, the plans for the Bypass and the adoption of an official map had not been determined. Unfortunately, there was not a strong legal position for the City to take against the issuance of the building permit. Mr. O'Brien was aware of the bypass project eventually being constructed through his property. ALTERNATIVES: 1. Approve Resolution No. 4066, committing to purchase the remnant parcel of the former Danny's Construction site ($57, 000) when the Bypass is completed. 2. Do not commit to the purchase of the remnant parcel. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternatives 1. 3 ACTION REQUESTED: Offer Resolution No. 4066, a .Resolution Approving the Purchase of the Remnant Parcel of Danny's Construction at the Time of Reconveyance, and move its adoption. 4 RESOLUTION NO. 4066 A RESOLUTION APPROVING THE PURCHASE OF THE REMNANT PARCEL OF DANNY'S CONSTRUCTION FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, MNDOT has given the City the first right of refusal on the purchase of the remnant parcel from the Danny's Construction site which is described on Exhibit A, attached hereto; and WHEREAS, MNDOT has requested a resolution expressing the City Council's commitment to purchasing the remnant parcel after the completion of the Shakopee Bypass project at a price not to exceed $19,000 per acre; and WHEREAS, the City Council desires to acquire this parcel in order to facilitate redevelopment in a use which conforms to the Comprehensive Plan; and WHEREAS, such redevelopment is a legitimate public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City of Shakopee shall purchase from MNDOT the remnant parcel described on Exhibit A attached hereto, for a price not to exceed $19,000 per acre, upon completion of the Shakopee Bypass project. Passed in session of the City Council of the City of Shakopee, Minnesota, held this 16th day of August, 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney .EXHIBIT A u' (1115t) ASSOCIATE Dannys Construction Co.,Inc. _"=E= 3549 Eagle Creek Boulevard,P.O.Box 11,Shakopee,Minnesota 55379 Phone:612-445-4143 Telefax:612-445-4337 August 4, 1994 ,/ zo Lindberg Ekola ? 199 City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Sir: Danny's Construction (DCCI) wishes to confirm its position regarding the surplus land portions of the sites known as 1) Danny's Construction and 2) Eide Tool and Die under the provisions of Chapter 11 of the Shakopee City Code. 1. Regarding the DCCI property: a) that subject parcel is zoned Heavy Industrial I-2 with permitted storage of Fabricated metal products, Machinery and appliances, and Transportation equipment under Sec 11. 33 Subd.2 .E7 thru 9. b) that some of those items previously stored adjacent to CR16, were moved to the rear of the site for storage in order to clear the Shakopee Bypass Right-of-Way, and that exterior storage continued on the site. c) that under the provisions of Sec 11. 60, Subd. 3 .D3a, the current storage area was not required to be screened. 2 . Regarding the Eide property: a) the most recent user of the property was Lunda Construction and their primary use of the site was for exterior storage of equipment. b) this parcel contains the elements of approved outside storage, ie screening as required by Sec 11.6.0 Subd. 3 . 3 of the city code. c) the city code provides that- - when a lawful non-conforming use is discontinued for a period of six (6) months, that any futureuse must be in conformance (Sec 11. 03, Subd.2F) . - that a conditional use permit not in use for a period of six months shall be void (Sec 11.04., Subd.6.C12) . r Page 2 City of Shakopee Nowhere in the city code does it provide for the voiding of a conditional use permit due to the sale of a site. -d) that the property has been in continuous use as an exterior storage site. On the basis of the facts contained in this letter it would appear appropriate that Danny's Construction (DCCI) acquire the surplus portions of these parcels under their right of first refusal and continue the uses presently in place. Danny's does agree to abide by the performance standards set forth in Sec 11. 60. Unless the City of Shakopee can show cause as to why DCCI should not use the property in the manner presented within 10 days of this letter, DCCI will begin the process of exercising its option and begin moving__equipment on to the site. Respe tfully, illie 1...• K. O'Brien, President Danny's Construction Company Inc CC: Barry Stock John Schmitt EXHIBIT B . ; ci e v � _ O�r1\ -- i -a _ i ` . _ f1_t1l% - e _ g. 13 ii / _ 1 l._1 I L %l=// j ` -sem' �' i r i Y 111111.- -)� (n iii Ij J �r�. i� p _ - LL T glit ,----, ..,,.......,_ , ,sr,_,--1c �� - � t .�� i -1 NIP— ;A; I�L =-.._JEJ me.. JL —_) — _.�. 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CITY OF SHAKOPEE 40,4 _ PUBLIC UTILITIES COMMISSION fgt \ KOr 1030 EAST FOURTH AVENUE �� ;.k ,< SHAKOPEE, MINNESOTA 55379 J,-c •_ 445.1988 August 12 , 1994 Minnesota Department of Natural Resources Division of Waters 1200 Warner Road St . Paul, MN 55106 RE: Amendment to DNR Permit Number 67-0172 , J. L . Shiely Co . The Shakopee Public Utilities Commission is responsible for the municipal water system of the City of Shakopee. In response to the - Request for Review and Comment - dated July 19 , 1994 , the Commission wishes to express their concern about the Shiely Company's plans, and specifically about the affect on the aquifers which supply water for the Shakopee municipal water system. Our concern is for both the present and the future water supply. To address that concern, we ask that the an Environmental Assessment Worksheet (EAW) be required of the J.L. Shiely Company, and that the City of Shakopee be designated as the Responsible Governmental Unit (RGU) for that EAW. Sincerely yours, �_ y // /) f ouis Van Hout, Utilities Manager Shakopee Public Utilities Commission c .c . Representative Kelso; Senator Johnston; Dave Hutton, City of Shdkopee; Scott County The Heart Of Progress Valley MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Update on the Shiely Dewatering Permit DATE: August 16, 1994 INTRODUCTION: Staff recently received information from the Department of Natural Resources (DNR) staff regarding the proposed Permit No. 67-012 for quarry dewatering by Shiely Co. DISCUSSION: DNR staff has informed City staff that the proposed dewatering permit by the Shiely Co. will require specific approval by the Minnesota State Legislature. This approval process will significantly slow the time frame for potential approval. Staff anticipates that a letter from the DNR formally notifying the City of the legislative approval requirement will be coming sometime next week. Staff will forward a copy of this letter to the City Council. RECOMMENDATION: Since formal notice by the DNR on the permit review has not been received at this time, staff would recommend that the City Council direct staff to notify the DNR of the City's concerns on the proposed permit and request additional time to review the proposal. This notice would place the City's concerns on record with the DNR. ACTION REOUESTED: Offer a motion which directs staff to convey the City's concerns on the proposed Permit No. 66-012 for quarry dewatering and request a time extension for the permit review to the DNR. ll MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Shiely Dewatering Permit Review DATE: August 12, 1994 INTRODUCTION: The Shiely Company has requested to amend their Water Appropriation Permit (No. 67-0172) from the Department of Natural Resources (DNR) to increase the authorized annual water appropriation from 2.5 billion gallons per year to 4.0 billion gallons per year. The purpose for the Water Appropriation Permit is for quarry dewatering. DISCUSSION: Attached is a copy of the request for comments from the DNR to the City. As noted on the routing sheet, no detailed information accompanied this request. Staff is requesting additional information from the DNR Area Hydrologist on this specific request. Staff has also received concerns from area residents on the proposed water appropriation increase. Based on the limited information and the area property owner concerns, staff has contacted DNR staff about extending the review time frame for this permit request. DNR staff has indicated that a time extension would likely be accepted from the City of Shakopee. Comments were to be due on August 19, 1994. RECOMMENDATION: Staff recommends that the City Council direct staff to request a time extension on the review of the proposed Shiely Water Appropriation Permit Amendment. ACTION REQUESTED: Offer a motion which directs staff to request a time extension to the DNR for 30 days on the review of the proposed Shiely Water Appropriation Permit Amendment. UNF METRA P.EG UN TEL : 1L - c4 Hug 1_ ..:4 10 :�,- N0 .011 F . L1 Post-It'"brand tax transmittal memo 7671 •of Pegeb P,Z To 1 —From rev.ifIS/94 MN DNR DIVISIO �. • 7� - z/ Dept. Phom e Metro Region - 1200 Warner E 17z-77/.2_ '�..e�y��7�p- F.,e Phone No. (612 Request for Revievf gL.._u, ,-�4,44,rrc4,4,� DNR PERMIT APPLICATION NUMBER 67—)/. 22 Date: Is 19 A'W Comments Due: 3Q c S To: cit County- 44-kope".44), Av 474 p 1� Watershed Authority- ,off A /iiin yKeer Al /., ..(5 Conservation District- S'co'ff" S'wcp Corps of Engineers- Acte E(4ninyi -,117:1 .1 o , . ti sit,, o'F �` 'S Ecological rvices- Sharon Pfeifer, � �`� Other- ea.NP 4..k Leff-kr _k fib. iv isloK a 1/`J,1c l otl,er Dawe. C'Latd[Q SZ6Z Cu ,k e Ea,/ ivot 6 /A.e.- From: Area Hydrologist, f74•-1 c1C. 3. i ysc-A Applicant: I• ‘....544 el�A✓+ c j County & Section, Township, Range: Sc0,44ns •- _ ,,,i/4 '77sw, ,q22W Protected Water: I.D. #: Brief Project Description (dimensions, volumes, disposal sites, equipment used, water depths, etc.) : 1L. L. SI'i{e( C . re a4,. - 4?) Ptfitti+- 67-— O/7-z 716 ;01c414 egtx-Size../ aneem, 4.,,9arz,,dry door.- '4,7s -74 Art"..- R. 5 Adints por,ye2r 7 (o ,6/A 07 la lC'wtl dI^ )Or ieew#7 ek vA.1(el j . No COO ife i ietrvr>rc. acco. +ries "Me reral:: (over) IiPJE METRO REGION TEL :t=,1::-7T2-T a Huq 12 .94 10 :54 PJo .x_11 1 F . 02 Page 2 F.A. 0 r 7-- 7..z A. 1. Describe impacts on fisheries, wildlife, scenic, economic, floodplain, or other interests (site specific comments) 2. Special status? (historic, endangered species, invading exotic plant species, scientific and natural areas, bass spawning, local permit needed, etc. ) B. other wetland impacts: 1. Does the project impact WCA or Corps of Engineers wetlands? [ ] YES [ J No 2. Proposed activities within the WCA wetlands are [ ) In Compliance [ ] Exempt ( ) Being Mitigated [ ] tin'own 3. Explain status of proposed WCA activities: C. [ Approval of roval withrconditionect as rproposed or modifications ** ( ) PP Recommended modifications or conditions: (mitigation, alternatives, deadlines, construction details, etc.) ( ) Denial ** D. ** Justification. supporting reasons must be specific enough for use in Commissioner's orders and hearings when denial or significant modification is recommended. I would like to receive a copy of the permit evaluation report. ( 3 YES ( ] NO Signed: - Date: _f / Representing: ...._ . ._.............r.. 11c. MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: Murphy's Landing DATE: August 8, 1994 INTRODUCTION: Staff has completed the feasibility report for analyzing the sewer and water facilities at Murphy's Landing. The report is attached for City Council consideration. BACKGROUND: This past spring, the City of Shakopee reached an agreement with Murphy's Landing in order to provide financial assistance to them. One of the items the City agreed to take over was the ownership and maintenance of all sewer and water infrastructure. Because of the existence of four lift stations and three wells within Murphy's Landing property, the City Council ordered a feasibility report on upgrading these systems. The intent of the report was to determine if any of the sewer lift stations or water wells could be consolidated to reduce the City's annual maintenance costs. Staff has completed the report, which is attached for Council review. Staff will give a presentation on the report at the August 16th Council meeting. Basically, the report concluded that it would not be feasible to eliminate any of the lift stations or wells. The report also recommended making repairs to the current sewer and water infrastructure in the amount of $16,225.00, as well as recommended future improvements and maintenance strategies. The Council also directed staff to determine the extent of the City's responsibility for the maintenance of the sewer and water facilities. In compliance with existing policies, the report recommended that the City be responsible for all main line utilities, including the lift stations and wells, but that the individual service lines be the responsibilty of the tenant, Murphy's Landing. ALTERNATIVES: 1. Accept the feasibility report and direct staff to make the recommended improvements. 2. Direct staff to revise or modify the report accordingly. RECOMMENDATION: Staff recommends Alternative No. 1. Furthermore, staff would like to receive Council approval to spend up to$20,000.00 to make all recommended improvements to Murphy's Landing utilities. The funding for this expense would come out of the Sanitary Sewer Fund. ACTION REQUESTED: 1. Authorize staff to spend a maximum of$20,000.00 for making improvements to Murphy's Landing sewer and water facilities according to the recommendations of the feasibility report dated August, 1994, and to utilize the Sanitary Sewer Fund to fund these improvements. 2. Move to declare that the City will only maintain the mainline facilities and that Murphy's Landing will be responsible for the service line maintenance and direct staff to notify them of same. DEH/pmp MURPHYS i ' FEASIBILITY FOR MURPHY'S LANDING ' SANITARY SEWER AND WATER SYSTEMS CITY OF SHAKOPEE 1 1 i ' I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Registration No. 19133. Date . 9911 1 I AUGUST 1994 I I A I TABLE OF CONTENTS I ITEM PAGE NO. Introduction . 1 IScope . . . 1 I Background . 1 - 2 Consolidation of Utility Services . . . 2 - 3 I Proposed Improvements . . 3 - 4 ICost Summary and Funding Sources . 4 - 5 IFuture Improvement/Maintenance . . . . 5 - 6 IConclusion . . . . . 6 Cost Analysis 7 I Sanitary Sewer Map . . . 8 IWater System Map . . 9 I I I I I I I INTRODUCTION The City Council of Shakopee ordered the preparation of a feasibility report for repairing and upgrading the existing sewer and water utility systems at Murphy's Landing. SCOPE This report evaluates the existing sewer and water infrastructure at the Murphy's Landing site and makes recommendations as to which systems are the most efficient, and the proposed improvements for building and maintaining those systems. Additionally, recommendations are made concerning future operation and maintenance strategies, and the extent of the City's responsibility for future infrastructure repairs at the Murphy's Landing site. Evaluation of the existing sewer and water systems was preformed in concert by staff and trained technicians from Waldor Pump, Inc. Waldor Pump personnel were utilized where site investigation required certification and training in confined space entry and hazardous materials handling, as well as to inspect pumps and electrical components which was beyond the expertise of staff. The findings in this report are a combination of recommendations by Waldor personnel and City staff. BACKGROUND I In the fall of 1993, Murphy's Landing staff contacted City of Shakopee officials concerning the condition of their utility systems. At that time, the Murphy's Landing staff reported an inoperable sanitary sewage lift station and ongoing problems with water service lines freezing during winter months. Financial assistance from the City was requested to repair the utility systems. Currently, Murphy's Landing has four lift stations which serve six buildings on the site. See Map Al in the Appendix. Lift Station No's. 1, 2 and 3 all discharge into the Metropolitan Waste Control Commission's (MWCC) forcemain adjacent to Trunk Highway 101. Lift Station No. I4 discharges into a gravity sewer line which flows to Lift Station No. 1. Lift Station No. 1 is currently in good working order, although it is 15 years old (with a design life of 15 to 20 years) and has received very little maintenance. Lift Station No. 2 was rebuilt in the fall of 1993 with a new duplex (two pump) pump system, controllers and electronics, and is in compliance with current code requirements. I 1 I A Lift Station No. 3 is set up to run on a duplex system. One of the pumps, as well as the controllers are non-functional at this time. The remaining pump is able to keep the station ' pumped out on a backup basis. Lift Station No. 4 is currently completely inoperable, and in need of rebuilding. The existing pump and wet well, as well as the control panel needs to be replaced. The water system at Murphy's Landing consists of four wells which provide water for most of the site. Some of the water service lines are shallow, and are prone to freezing in the winter. The Minnesota Department of Natural Resources(DNR) ownes a trail which runs along the river ' through the Murphy's Landing site. The DNR is proposing to construct restroom facilities adjacent to the trail as shown on Map Al in the Appendix. The effluent from these facilities will be pumped to Lift Station No. 1 via grinder pumps and forcemain. The potential peak flows ' from the restroom facilities will not adversely affect the existing systems. CONSOLIDATION OF UTILITY SERVICES TheP ossibility of consolidating sewer service lines to eliminate some of the lift stations was investigated. Lift Station No.'s 1 and 4 can be eliminated and a gravity sewer line installed ' which would flow to Lift Station No. 3. Lift Station No. 2 is too remote and does not have enough elevation difference to be replaced with gravity sewer. ' Installing a gravity line to replace Lift Station No.'s 1 and 4 would require removing the existing forcemain, as well as some gravity sewer between Lift Station No. 1 and 4, and an extensive amount of rock excavation to obtain adequate depth/grade for the gravity sewer. The estimated construction costs, excluding contingency and administrative costs is $300,000.00. ' The consolidation of water services and wells was also investigated. Due to the spacing of the wells, and the costs involved with capping and abandoning wells, consolidation of services does not appear to be feasible at this time. There may be a possibility of connecting to the City water system in the future when watermain is extended to the Murphy's Landing site. Currently the closest watermain is west of the Mill Pond bridge on 1st Avenue. A life cycle analysis was prepared which compared building the gravity sewer versus maintaining and rehabilitating the existing lift station system. See report in Appendix for assumptions and calculations of the life cycle analysis. ' 2 I I • The analysis showed that maintaining the current lift station system would cost 60% less than I constructing the gravity sewer over a study period of 30 years, which is the design life of the gravity sewer according to the City's Special Assessment Policy. Due to the result of the cost analysis, the construction of a gravity sewer to replace Lift Station No.'s 1 and 4 is not Irecommended. I PROPOSED IMPROVEMENTS IA. Lift Station No. 1 There are no improvements proposed at this time. See section on maintenance (future Iimprovements) below for discussion on future needs for Lift Station No. 1. B. Lift Station No. 2 I There are no proposed improvements to Lift Station No. 2 at this time. I C. Lift Station No. 3 I Lift Station No.3 was constructed with a duplex system, but is operating on only one pump. An investigation of the lift station and control panel revealed that one pump had been turned off, and that the controller for that pump was not operating properly. The pump is generally in good Icondition, but requires some minor repair and maintenance. The recommended improvements to Station No. 3 are to repair the pump, and replace the Idefective controller and floats. The estimated cost for these repairs is $1,940.00. LO Station No. 4 ID. StationNo. 4 consists of a septic tank that was retro-fitted with a small wet well and pump p P P I in 1973. The pump is currently inoperable, and the external piping and general configuration of the lift station are problematic. I The recommended improvements for Lift Station No. 4 are to utilize the existing septic tank as a wet well for the lift station and remove the existing steel well. A grinder pump would then be placed in the tank, which would operate as a lift station. A new control panel located in the I adjacent home would also be required. A steel access tube, similar to a manhole would be placed on top of the existing septic tank to provide access for maintenance or repairs. The estimated cost to rehabilitate the station is $6,800.00 I I 3 1 A The purchase of an additional pump for use as an emergency backup is also recommended at a cost of$1,410.00. An additional pump is needed because pumps in the other lift stations are not compatible due to their size and outlet configuration. ' In addition to the improvements listed above, this report recommends hiring a local contractor to relay the external piping leading to Lift Station No. 4 into a more conventional configuration. This would help to reduce clogging and freezing in these lines. The estimated cost for this work is $2300.00. E. Upgrades to all Lift Stations In addition to the operational needs at each lift station site, the addition of warning lites and/or audio alarms is recommended. These alarms would alert City maintenance crews and Murphy's Landing staff to any failure of the lift station pumps or controls. Currently, only Lift Station No. 2 has a warning light. The estimated cost to install warning lights in the other three stations, and ' an audio alarm system in all four stations is $2,275.00. F. Water System Improvements The existing systemMurphy's at M hy's Landing has several shallow service lines which are subject to freezing during winter months. See Map A2 in the Appendix for the water system ' configuration and layout. ' In order to remedy the water system problems, this report recommends lowering and insulating the water service lines at the Herrick House, and under the roadway in front of Murphy's Fine Foods. The estimated cost for lowering and insulating these lines is $1,500.00. COST SUMMARY AND FUNDING SOURCES The costs of the proposed improvements is summarized below: ' Lift Station No. 3 Rehabilitation $ 1,940.00 Lift Station No. 4 Rehabilitation $ 6,800.00 Lift Station No. 4 Extra Pump $ 1,410.00 Lift Station No. 4 Excavation/Piping $ 2,300.00 4 Lift Station Warning Lights/Sirens A $ 2,275.00 ' Water Service Lowering/Insulation $ 1,500.00 Grand Total $16,225.00 This project is proposed to be funded from the Sanitary Sewer Fund. FUTURE IMPROVEMENTS/MAINTENANCE A. Future Lift Station Improvements This report recommends that any future improvements to Lift Station No.'s 1, 2, or 3 include ' converting to a simplex (one pump) system, which would utilize pumps that are identical to the new pumps which were installed in Lift Station No. 2 last fall. The existing duplex system in Lift Station No. 2 would provide an emergency backup pump available on site, which could be ' moved to another station in the event of pump failure. ' This recommendation is based on the fact that the pumps at Murphy's Landing run an average of 25 to 40 hours per year, which is well within the capabilities of a simplex system. In addition, a simplex system is generally 40% less expensive to install and operate than a duplex system. B. LO Station One Future Improvements ' Lift Station No. 1 is currently operating and does not need any improvements. Due to the age of the station, and revisions to the building code that will have to be complied with during the next station overhaul, a cost estimate was prepared for the improvements that will be necessary if the station fails. Those improvements include the following: 1. Replace existing duplex pump system with a simplex (one pump) system. Use the same pumps that were used in the rehabilitation of Lift Station No. 2 for compatibility. 2. Install new top mounted junction box to replace the existing wet well mounted box (to meet code). ' 3. Remove access ladder (to meet code). 4. Provide new simplex control panel. 5 I IThe cost of these improvements is estimated at' $9,410.00. These improvements are not recommended at this time, but are included herein for future reference. I C Future City Maintenance Responsibilities/Strategies I The Cityof Shakopee is the fee owner of the roe that the Murphy's Landing "living P property rty is located on. On March 18, 1994 the City and the. Minnesota Valley Restoration Imuseum" Project d/b/a Murphy's Landing entered into a lease agreement covering the occupancy of the City owned property. The lease states that the City shall provide the following with regard to Isewer and water service: 1. Lessor shall maintain a working sewage lift station on the site. I2. Lessor shall provide a working well for water. The extent of City responsibility for maintenance of these facilities should be defined per standard I policy. The policy currently employed by the City is that the City will maintain all mainline sewer and water facilities, and the owner will be responsible for maintaining all service lines and connections to the mainline sewer. I Applying this policy to Murphy's Landing would suggest the City would be responsible for the maintenance of the lift stations and lines to the (MWCC) forcemain, in addition to the wells on Ithe site. Murphy's Landing will be responsible for all sewer and water service lines. This report recommends that the maintenance of the lift stations be completed by City crews with Iprofessional assistance. The City crews would handle the routine maintenance of the stations, including monthly inspections, cleaning of controls and checking alarm systems. IA trained technician would be utilized to inspect the stations, remove and service the pumps, and controls and note any code revisions requiring compliance. This service would be preformed I annually, at an estimated cost of$200.00 to $300.00 per station. I CONCLUSION I This report finds that the improvements and maintenance recommendations as described herein are necessary for the orderly functioning of Murphy's Landing, and as such are feasible. I I 1 6 LIFE CYCLE COST ANALYSIS GRAVITY SEWER VERSUS LIFT STATIONS ASSUMPTIONS ' o Gravity Sewer Design Life = 30 Years o Lift Station Design Life = 15 Years ' o Analysis Duration = 30 Years o Interest Rate = 8% o Using Present Day Dollars t o Salvage Valve for Gravity Sewer = $150,000.00 (Manholes, Original Rock Excavation) GRAVITY SEWER ' Present Pay Cost to Construct = $300,000.00 Present Day Value of Future Salvage = $150,000 X (P/F, 8%, 30) = $150,000 X (.0994) = $14,910.00 Total Present Pay Cost = $300,000.00 - $14,910.00 = $285,090.00 LIFT STATION O/M Costs = $100.00/Month + $250.00 Inspection Fee = $1,450.00/Year Rebuild Lift Station = $12,000.00 Cost Per Station = ' $1,450.00 X (P/A, 8%, 30) + $12,000.00 X (P/F, 8%, 15) + $12,000.00 = ' $1,450.00 X (11.2578) = $12,000.00 X (.0994) + $12,000.00 = $16,323.81 + $1,192.80 + $12,000.00 = ' $29,516.61 ' Total Cost = 4 X $29,516.61 = $118,066.44 $118,066.44 = 41.41% of Gravity Sewer Cost $285,090.00 ' 7 1 ell t ♦ % lik Al r Cr ' _ • y In * . tr W , ,os. 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IMI MI =I M ME MIN 1111111 ME NMI NMI OM MIN INIII I= MI MIMI ME M • • MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: Apgar Street/Fuller Street DATE: August 9, 1994 INTRODUCTION: Attached is a draft Cooperative Agreement between the City and the County regarding the County Road 77 realignment (Apgar Street/Fuller Street). BACKGROUND: On July 12. 1994 Staff made a request to the City Council to utilize one of the City's consultants, Strgar-Roscoe-Fausch (SRF), to design the new County Road 77 alignment (Fuller Street). The Council tabled this request until a Cooperative Agreement could be reached between the City and County on this project. City staff has met with the County staff regarding a Cooperative Agreement and attached is a proposed agreement for Council consideration. The agreement addresses both the existing County Road 77 (Apgar Street) construction costs, which will become a City street, plus the proposed costs for the new Fuller Street alignment, which will become the new County Road 77. Exhibit A of the agreement indicates that the estimated City cost for the Apgar Street Project would be $187,804.48. The County portion of the construction costs only is estimated at $104,264.05. In regards to Fuller Street, no detailed cost estimate has been prepared since plans have not yet been developed. County staff indicates this project would cost approximately $500,000.00,based on normal highway construction costs. Section II D. of the agreement indicates that the County would only fund a total of$277,000.00 for both projects. Since $104,000.00 would be for Apgar Street, the County would be paying for approximately $173,000.00 of Fuller Street, with the City paying the remainder. The following table summarizes the proposed funding by the County for both project: PROJECT CITY COUNTY TOTAL Apgar Street $187,804.48 $104,264.05 $292,068.53 Fuller Street $327,000.00 $173.000.00 $500,000.00 TOTALS $514,804.48 $277,264.05 $792,068.53 r • • , As you can see, it appears that the City is paying for a disproportionate share of the total costs of these two projects. Based on this proposal from the County, the City would be paying for a total of 65% of both roads. In the cover letter from the County Engineer, he indicates that the County is not able to fund any additional costs due to budget reasons. The County Engineer also indicates other issues that need to be addressed, including parking on Fuller Street, snow and ice control, etc. Staff feels that the proposed agreement unfairly places most of the financial burden on the City. In an effort to expedite the negotiations and keep this project moving, a joint Council/County Board meeting may be beneficial or at the least a task force made up of staff and policy makers from each entity should meet to resolve the issues and make recommendations back to the full political bodies. In the meantime, the County Engineer recommends proceeding with the design of Fuller Street and staff concurs. ACTION REQUESTED: 1. Direct the City Administrator and Mayor to set up a meeting between City/County staff and County Board representatives to resolve the issues relative to the proposed Cooperative Agreement. 2. Direct staff to bring back the consultants proposal to design Fuller Street to the next Council meeting with the intent on approving of doing the design. DEH/pmp DRAFT • •reement No. 77-9302 County Project Nos. 91-77-01/93-77-04 CR 77 • City of Shakopee County of Scott COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of County Road No. 77 from the Shakopee Bypass to 10th Avenue (Engineer's Stations 60+00 to 92+36) as shown on the County Engineer's plans for County Project No. 91-77-01 which improvement contemplates and includes grading, aggregate base, bituminous surfacing, drainage, concrete curb and gutter, landscaping and other related improvements; and WHEREAS, The County and the City have been negotiating to bring about the improvement of a realignment and construction of County Road No. 77 from approximately 700 feet south of Hennes Avenue to 10th Avenue under County Project No. 93-77-04 which improvement contemplates and includes right-of-way, grading, aggregate base, bituminous surfacing, drainage, concrete curb and gutter, landscaping and other related improvements; and WHEREAS, The above described projects lie within the corporate limits of the City; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: EXISTING COUNTY ROAD NO. 77 (APGAR STREET) COUNTY PROJECT NO. 91-77-01 A. The County or its agents will advertise for bids for the work and construction of the aforesaid Project No. 91-77-01, receive, and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County and City or their agents, which said plans and specifications are by this reference made a part hereof. That portion of CP 91-77-01 that will become a City street shall be designed to City of Shakopee's specifications. 1 • •eement No. 77-9302 • B. The County or its agents will acquire all right-of-way or easements as required to construct this project. C. The County shall administer the contract and inspect the construction of the County's contract work contemplated herewith. The City Engineer shall inspect and approve,that segment of the roadway that will be turned back to the City and cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the County's work (CP 91-77-01). D. The City shall reimburse the County for its share in the construction cost of the contract work for said County project (CP 91-77-01) and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to as Exhibit "A" of this agreement is an estimate of the construction cost for the contract work on said County project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said County project according to the provisions of this paragraph. E. In addition to payment of the City's proportionate share of the contract construction cost on CP 91-77-01, the County and the City further agree to participate in the Preliminary Engineering, which includes all costs of planning, design and preparation of plans and specifications, in an amount of eight percent (8%) of the cost of construction. The County and City further agree to participate in the construction engineering on CP 91-77-01, which includes the complete staking, inspection and supervision of the construction, in an amount of five percent (5%) of the final contract amount. Participation of engineering costs by the City shall be the same percentage as the total construction participation. The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. F. The City shall, based on the contract price for CP 91-77-01, deposit with the Scott County Treasurer ninety percent (90%) of the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after award of contract and execution of this Agreement, whichever is later. The remaining amount of the City's share of construction and engineering costs of the County's project (CP 91-77-01) shall be paid to the County upon completion of the projects and submittal to the City of the County's final, itemized, statement of the projects' costs. In the event that the partial payment exceeds the City's share of the final costs, such overpayment shall be returned to the City by the County. G. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. r 2 • •eement No . 77-9302 • H. All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. I. The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. J. The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. All fees, permits, bonds, etc., shall be issued to the Contractor or the County at no cost to the Contractor or the County. K. The City shall, at its own expense, remove and replace all City owned signs that are within the - construction limits of this project. L. Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County Road No. 77 constructed under these projects. I I PROPOSED REALIGNMENT OF COUNTY ROAD NO. 77 COUNTY PROJECT NO. 93-77-04 A. The City or its agents will acquire all right-of-way or easements as required to construct this project. B. The City or its agents will design the new alignment of County Road No. 77 to County highway standards. The design fees will be included in the cost participation agreement per Paragraph E below. The County or its agents will advertise for bids for the work and construction of the aforesaid Project No. 93-77-04, receive, and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County and City or their agents, which said plans and specifications are by this reference made a part hereof. C. The County shall administer the contract and inspect the construction of the County's contract work contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the County's work (CP 93-77-04). 3 • •eement No . 77-9302 • D. The City shall reimburse the County for its share in the construction cost of the contract work for said County project (CP 93-77-04) and the total final contract construction cost shall be apportioned as set forth in the existing Scott County "Policies for Cost:Participation with Municipalities, State of Minnesota and other Agencies" with the _exception that contract construction costs in excess of $277,000 for both CP 93-77-04 and CP"91-77-01 shall be the responsibility of the City. It is further agreed that unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioningthe cost of said County project according to the provisions of this paragraph. E. In addition to payment of the City's proportionate share of the contract construction cost on CP 93-77-04, the County and the City further agree to participate in the Preliminary Engineering, which includes all costs of planning, design and preparation of plans and specifications, in an amount of eight percent (8%) of the cost of construction. The County and City further agree to participate in the construction engineering on CP 93-77-04, which includes the complete staking, inspection and supervision of the construction, in an amount of five percent (5%) of the final contract amount. Participation of engineering costs by the City shall be the same percentage as the total construction participation. The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. F. The City shall, based on the contract price for CP 93-77-04, deposit with the Scott County Treasurer ninety percent (90%) of the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after award of contract and execution of this Agreement, whichever is later. The remaining amount of the City's share of construction and engineering costs of the County's project (CP 93-77-04) shall be paid to the County upon completion of the projects and submittal to the City of the County's final, itemized, statement of the projects' costs. In the event that the partial payment exceeds the City's share of the final costs, such overpayment shall be returned to the City by the County. G. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. H. All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. • 4 • #eemer: No . 77-9302 • J. The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractoror the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. All fees, permits, bonds, etc., shall be issued to the Contractor or the County at no cost to the Contractor or the County. K. The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. L. Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County Road No. 77 constructed under these projects. No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. M. Upon completion of the realigned County Road No. 77, the County will accept this segment as part of the County highway system and the City will accept the segment of existing CR 77 (Apgar Street) as a local City street. III Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. IV It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of.any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. r 5 • Seement Nc . 77-9302 • V It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of. any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein, and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of . said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. VII The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. r 6 • •reement No. 77-9302 County Project Nos. 91-77-01/93-77-04 CR 77 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor (SEAL) Date And City Administrator Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date By County Engineer Date APPROVED AS TO EXECUTION: By County Attorney Date K-WP50\AGRMT\COOP\917701 03/25 93 Rev. 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N. l/) : Or r N N CI C7 C7 to U, to to 0 to to to to In to to In to to to to to to Ti 7 Z N N N N N N N N N N N N N N N N N N N N N N N N N N N N Z N w ♦ • • SCOTT COUNTY i BRADLEYJ LARSON Highway Engineer HIGHWAY DEPARTMENT DANIEL M.JOBE 600 COUNTRY TRAIL EAST Design Engineer JORDAN, MN 55352-9339 DON D.PAULSON (612) 496-8346 FAX (612) 496-8365 Construction Engineer July 28, 1994 Mr. Dave Hutton Director of Public Works City of Shakopee O (,k► 129 South Holmes Street .400 Shakopee, MN 55379 �d1 1991 Re: County Road No. 77 1, Apgar/Fuller Streets Pe Cooperative Agreement No. 77-9302 CP 91-77-01 & CP 93-77-04 Dear Dave: Enclosed is the draft Cooperative Agreement for the design, right-of-way acquisition, and construction of existing CR 77 (Apgar Street) and future CR 77 (Fuller Street). This draft addresses the present budget position of Scott County to financially participate in both projects. Because of this project's budgetary restraint and the understanding of the City's desire to proceed in a timely manner (i.e. not the previously discussed 3-5 year future time frame for the new alignment construction), the standard County Cost Participation Policy is modified for these projects. The proposed modification results in the City assuming the financial responsibility for construction costs in excess of the amount Scott County has budgeted for the CP 91-77-01 project if that was intended to remain a County road. This additional City cost proposal is not unique to these projects, but has been utilized or proposed by the City of Savage on three separate projects--the City of Prior Lake on one project and the Shakopee Mdewakanton Dakota Community on another. In two of these situations, developers receiving benefit from the improvements provided the extra costs. Shakopee, also, through TIF, assumed the County cost of a portion of the CR 83 upgrading related to Canterbury Downs. While this draft Cooperative Agreement concerns the construction of a segment of "future" CR 77, other issues related to the jurisdictional exchange of roadways need to be addressed and agreed upon by the City and County before County funding on a new alignment is expended. Those issues are: An Equal Opportunity/Affirmative Action Employer • Mr. Dave Hutton • Re: CP 91-77-01/CP 93-77-04 July 28, 1994 Page 2 • Is the City willing to accept Apgar Street from the new CR 77 alignment to 6th Avenue as a City street? • Is the City willing togive up jurisdiction of existing Fuller Street from TH 169 south? • Is Scott County willing to accept the additional mileage that the exchange of a portion of Apgar for all of Fuller Street would result in? • The City's position on No Parking on.Fuller.Street if this becomes CR 77. • Future maintenance and snow&:ice control responsibilities on these roadways. In addition to these issues, it is our understanding that the developer on the north and west side of the proposed new alignment of Fuller Street has various proposals that could significantly alter or eliminate the need for a through street on existing Apgar Street south of 10th Avenue. Because of these issues and the need to keep things moving, we would suggest that the design of the new alignment could move ahead now with the other issues being resolved concurrent with the design:, process. The reasoning is that the new alignment will be required under eitherscenario--future County or City jurisdiction. Please review and contact me with your. comments. Thank you. Sincerely, e"'""lqi1A401 Bradley J. Larson, P.E. County Highway Engineer BJL/kmg CONSENT 1/0 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY/ COUNCIL FROM: Karen Marty, City Attorne �'��' DATE: August 10, 1994 RE: Registered Land Survey BACKGROUND: For approximately a year the City has been in the process of Torrensing property we sold to David Rutt, located near Market Street and Fourth Avenue. In the process of Torrensing, the title examiner recommended that we also obtain a Registered Land Survey. DISCUSSION: A Registered Land Survey was prepared a few months ago and approved by the City Council . It has not yet been approved by the Court . This land also is being platted. The plat dedicates a alley over land presently being used for an alley (but which land was not dedicated) . North of the alley is land which we actually own, but which has been used for years as part of the rear yards of the properties to the north. This land should be conveyed to those northern property owners. In order to convey the strips of land between the new alley and the northern lots to the northern property owners, we can take one of two alternatives. One alternative is to simply ignore those property owners until the platting takes place, and require that the land be deeded to them in the platting. This has two problems, in that we do not have any guarantee that the plat will actually occur, and we have limited authority to require that land be given away in a plat . A second alternative is to include those strips as separate parcels in the Registered Land Survey, and then obtain deeds conveying them to the northern property owners prior to the court finally approving the Registered Land Survey. Staff is recommending the second alternative, and therefore has had a revised Registered Land Survey prepared. ALTERNATIVES: 1 . Approve the revised Registered Land Survey. 2 . Do not approve the revised Registered Land Survey, and submit to the court the Registered Land Survey which was approved previously. RECOMMENDATION: Move to approve the revised Registered Land Survey. [10 MEMO] CONSENT li MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: August 10, 1994 RE: Acting City Clerk BACKGROUND: At the last Council meeting a memo and Resolution had been prepared regarding designating an Acting City Clerk. This Resolution was tabled at the request of the City Clerk. In discussing this later, staff discovered that Council has not adopted a resolution regarding the Acting City Administrator. In order to make these two actions consistent, staff is requesting that the resolution on the Acting City Clerk be tabled again until resolutions regarding both positions can be brought forward at the same time. ACTION REQUESTED: Remove the resolution designating an Acting City Clerk from the table, and then move to table it again. [10MEMO] . . liv, CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 8/10/94 . The HRA Fund is experiencing costs that will probably exceed the budget as it currently stands. Costs are related to the Stans House project and TIF studies. Included in the bill list is a check for SPUC which includes payment for a street light at CR 17 and Vierling Dr. Council authorized expenditures not to exceed $692 . 16 which was the estimate from SPUC. The cost billed is $766. 37 . Payment to E.F. Anderson for installation of Memorial Park playground equipment is $850. 00 over the approved amount due to rock conditions of which we were unaware when the project was started. • IIIA r 8/10/94 CITY OF SHAKOPEE • EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR 8 COUNCIL 69,140 254 26,746 39 12 CITY ADMINISTRATOR 192,340 10,803 112,290 58 13 CITY CLERK 118,690 6,529 68,117 57 15 FINANCE 284,660 7,690 178,424 63 16 LEGAL COUNSEL 187,970 8,887 90,165 48 17 PLANNING 412,130 9,546 212,070 51 18 GENERAL GOVERNMENT BUILDINGS • 115,790 5,781 75,661 65 31 POLICE 1,388,590 42,719 867,694 62 32 FIRE 865,310 13,547 710,444 82 33 INSPECTION-BLDG-PLMBG-HTG 187,120 6,358 101,743 54 41 ENGINEERING 361,480 10,422 202,810 56 42 STREET MAINTENANCE 586,820 15,594 258,636 44 44 SHOP 166,480 23,600 144,441 87 46 PARK MAINTENANCE 307,270 19,646 203,266 66 48 REFUSE COLLECTION 513,550 0 249,634 49 61 POOL 150,300 14,969 105,608 70 64 RECREATION 206,030 9,791 123,544 60 91 UNALLOCATED 143,960 -23,041 20,444 14 TOTAL GENERAL FUND 6,257,630 183,095 3,751,737 60 17 PLANNING 360,860 21,536 197,940 55 TOTAL TRANSIT 360,860 21,536 197,940 55 12 CITY ADMINISTRATOR 64,870 3,098 86,225 133 TOTAL HRA 64,870 3,098 86,225 133 00 N/A 642,300 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 642,300 0 0 0 .-1 x x a. a a. a. a. a. a. a s a a. • < E-+ E H H H H .- H H H H H H H H A Z . 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U1 CO 1• 0 N M n 47 CO CsJ 0 0% N ..0 N "•••1"••• U1 Is. •3' n 1 M 0% 00 0% %.1304 0 N N N 01 U1 IO .t 00 .-i ,-- N 0 a inn .-1 .7 • N U1 0 N -%0 d' ep H N N N e-I 0 0 .-1 U1 U1 0.. N tn. co 0 •* N' '"1 en C's1 .--I V} V>• CO. r-4 I> C> en.Ht/} erro. v> C> 0' r4 .-1 .-1 00 0 E+ E E 0 wwwd A a o4 43 44A W o. W W w C A H A 4 Gla 43 0 V 0 0 A CA � W }4 0HHH % A H U H 43 3 E+ 0 43 Z Ha E = 04g4 � Oo% a. E z 0 N Wy N c X„ V A . i r- H U 04 43 UH.. - U1 0 ,-I U► e+1- = 0 � m m 0 0 0 0 - .-i - d .7 .7 .T .7 I's r N CO x 0 - il H * # # * * # * 4 *V 3t # * * # Z0 A A 0 A A 0 A 0 A 0 0 0 0 0 Z Z Z Z Z OU c:4 w w C.L. w w GAs. w w w W w w w //4i MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Staffing Issues DATE: August 9, 1994 INTRODUCTION: On August 2, 1994 the Shakopee City Council tabled action on the proposed reorganization plan. BACKGROUND: In previous memorandums to City Council, staff has outlined the proposed reorganization plan and subsequent position reclassifications . Since our last meeting, staff has had the opportunity to meet with Councilmember Sweeney to review the following job descriptions : 1 . Receptionist, 2 . Customer Service Representative, 3 . Clerk Typist I, 4 . Clerk Typist II, 5 . Secretary, and 6 . Executive Secretary. (See attachments 1-6) The proposed reorganization would effectuate the creation of a new Clerk Typist I position, Customer Service Representative and Secretary position. Staff is seeking Council approval to advertise internally for the new positions. Staff will be meeting with the Union' s bargaining agent to establish a pay schedule for the newly created Customer Service Representative position. When this particular position is actually filled, the Shakopee City Council will have to amend the 1994 Contract By and Between the City of Shakopee and the City Hall Union to accurately reflect the new wage schedule and position. Staff is recommending that the appropriate City officials be authorized to advertise for the new position classifications including: 1 . Customer Service Representative, 2 . Clerk Typist I and 3 . Secretary. Consistent with the provisions of the City Personnel Policy, the positions will be internally advertised. The Scott County Personnel Department will be utilized to develop and administer skills testing for the aforementioned positions. The Scott County Personnel Department will then certify a list ranking the candidates . Upon receipt of this information, staff will be recommending appointments to either fill the positions internally or advertise externally for additional candidates. ALTERNATIVES: 1 . Authorize the appropriate City officials to advertise for the new position classifications. 2 . Do not advertise for all the position classifications as presented. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to advertise for the new position classifications. Attachment #1 • City of Shakopee Job Description JOB TITLE: Receptionist EXEMPT: No JOB CODE: 46 SALARY LEVEL: DIVISION: SHIFT: DEPARTMENT: LOCATION: EMPLOYEE: REPORTS TO: PREPARED BY: Barry A. Stock DATE: 4\18\94 APPROVED BY: DATE: SUMMARY: Receives and routes switchboard calls and walk-ins at establishment, determines nature of business, and directs callers to destination by performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Obtains caller' s name and arranges for appointment with person called upon. Directs caller to destination and records name, time of call, nature of business, and person called upon. Maintains various files and information to insure they are current and accurate. Types memos, correspondence, reports, and other documents using microcomputer word processing package. Answers general information inquiries from the public providing assistance via telephone, mail, fax and in person. Processes mail . Performs variety of clerical duties . QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE: High School Dipolma or General Education Degree (GED) and at - 1 - JOB DESCRIPTION Job Title : Receptionist least six months related experience and/or training; or equivalent combination of education. LANGUAGE SKILLS: Ability to read and comprehend simple instructions, correspondence, and memos . Ability to write simple correspondence. Ability to effectively present concise and accurate information in one-on-one and small group situations to customers, clients, and other employees of the organization. MATHEMATICAL SKILLS: Ability to add and subtract two digit numbers and to multiply and divide with 10' s and 100' s . Ability to perform these operations using units of American money and weight measurement, volume, and distance. - REASONING ABILITY: Ability to apply commonsense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations. OTHER SKILLS and ABILITIES: - Ability to use and operate computer. Ability to use and operate 10 key calculator. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally required to stand. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to adjust focus . WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . The noise level in the work environment is usually moderate . - 2 - Attachment #2 A City of Shakopee Job Description JOB TITLE: Customer Service Representative EXEMPT: No JOB CODE: 52 SALARY LEVEL: DIVISION: SHIFT: DEPARTMENT: LOCATION: EMPLOYEE: REPORTS TO: PREPARED BY: Barry A. Stock DATE: 7\27\94 APPROVED BY: DATE: SUMMARY: Responsible for receiving and accounting of all fees, charges and payments submitted by customers at City Hall . Is primary contact with public both on telephone and in person. Controls perceptions by Public of how City addresses their concerns. Receives switchboard calls and walk-ins at establishment, determines nature of business, and directs callers to destination by performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Receipts all payments to city for permits, fees and misc charges to proper account utilizing an automated cash drawer. Counts cash and balances cash with receipts and daily prepares bank deposit . Takes messages from telephone calls and/or visitors and distributes . Receives and routes calls on a desk phone system with multiple lines. Maintains various file and information to insure they are current and accurate. Provide information, explanation and assistance to the public and other employees . Answer routine questions and respond to calls on refuse/recycling and other misc problems . Types memos, correspondence, reports, transcribes and other documents using microcomputer word processing package from both hand written copy and dictaphone machine . Collects and distributes mail to appropriate personnel . Opens and stamps incoming mail for several departments . - 1 - • JOB DESCRIPTION Job Title : Customer Service Representative QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: High School Diploma or General Education Degree (GED) and at least three years related experience and/or training; or equivalent combination of education and experience. LANGUAGE SKILLS : Ability to read and comprehend simple instructions, correspondence, and memos . Ability to write routine reports and correspondence. Ability to effectively present information in a verbal question and answer format in one-on-one and small group situations to customers, clients, and other employees of the organization. Ability to accurately interpret and present information on organization policies and procedures to customers . Ability to accurately record telephone and other oral communication in note form. MATHEMATICAL SKILLS: Ability to add, subtract, multiply and divide two digit numbers. Ability to calculate percentages and ratios using a 10 key calculator. Ability to perform these operations using units of American money and weight measurement, volume, and distance. REASONING ABILITY: Ability to apply commonsense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations . OTHER SKILLS and ABILITIES: Ability to use and operate multi-line telephone system. Ability to use and operate computer. Ability to use and operate 10 key calculator. Ability to use and operate cash register. Ability to use and operate dictaphone transcriber. Ability to accurately type 40-50 wpm. PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with - 2 - A JOB DESCRIPTION Job Title : Customer Service Representative disabilities to perform the essential functions . While performing the duties of this job, the employee is occasionally required to stand. The employee must occasionally lift and/or move up to 10 pounds . Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. - 3 - Attachment #3 A City of Shakopee Job Description JOB TITLE: CLERK TYPIST II EXEMPT: No JOB CODE:SY SALARY LEVEL: DIVISION: SHIFT: DEPARTMENT: LOCATION: EMPLOYEE: REPORTS TO: PREPARED BY: Barry A. Stock DATE: 4\18\94 APPROVED BY: DATE: SUMMARY: Compiles data and operates typewriter or computer in performance of routine clerical duties to maintain business records and reports by performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Types reports, business correspondence, forms, orders, charts, labels, envelopes, and other material according to detailed instructions or well established guidelines using microcomputer word processing package. Edits and proof reads correspondence making grammatical corrections as appropriate. Maintains a variety of alphabetical, numerical, and statistical records and logs. Prepares routine forms and other routine material for further processing or mailing. Acts as receptionist, furnishing information involving routine departmental matters to the public over the counter or by phone, and assists the customer in filling out forms . Collets, sorts, alphabetizes, codes, and files correspondence, forms, cards, documents, and other materials in an established order. Codes information for computer entry and enters information into computer. Files records and reports, posts information to records, sorts and distributes mail, answers telephone, operates fax machine and performs similar duties. - 1 - JOB DESCRIPTION Job Title : CLERK TYPIST II Answers requests received by mail as directed. Computes amounts and checks totals on report forms or bills . Performs other duties as assigned. QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: High School Dipolma or General Education Degree (GED) and at least 3 years combination of education and experience. LANGUAGE SKILLS: Ability to read, analyze and interpret complex correspondence and documents such as safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence. Ability to effectively present concise and accurate information in one-on-one and small group situations to customers, clients and other employees of the organization. MATHEMATICAL SKILLS: Ability to calculate figures and amounts such as discounts, interest, proportions, percentages, area, circumference, and volume. REASONING ABILITY: Ability to apply commonsense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations . OTHER SKILLS and ABILITIES: Knowledge of policies, practices and services of the department . Ability to use and operate 10 key calculator. Ability to use and operate dictaphone transcriber. Ability to maintain working relationships with employees and the public and to follow written and oral instructions . - 2 - JOB DESCRIPTION Job Title : CLERK TYPIST II Ability to maintain simple alphabetical, numerical, and statistical records . Basic knowledge of computer operations including Word Perfect . Knowledge of English spelling, punctuation and grammar. Ability to type accurately from clear copy of rough draft . Ability to type 60-70 wpm. PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. - 3 - Attachment #4 City of Shakopee Job Description JOB TITLE: CLERK TYPIST I EXEMPT: No JOB CODE: 47 SALARY LEVEL: DIVISION: SHIFT: DEPARTMENT: LOCATION: EMPLOYEE: REPORTS TO: PREPARED BY: Barry A. Stock DATE: 4\18\94 APPROVED BY: DATE: SUMMARY: Compiles data and operates typewriter or computer in performance of routine clerical duties to maintain business records and reports by performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Types statistical reports, business correspondence, bulletins, memorandums, etc. according to detailed instructions or well established guidelines using microcomputer word processing package. Collects, sorts, alphabetizes, codes, and files information, correspondence, forms, cards, documents, and other materials in an established order. Edit and proofread correspondence making grammatical corrections as appropriate. Answers routine inquiries received by mail or telephone and relays messages to appropriate personnel . Operates office equipment such as adding machine, copy machine, calculator, computer, and communication radio. Sorts and distributes mail, answers telephone, operates fax machine and performs similar duties . Other duties as assigned. QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . - 1 - • JOB DESCRIPTION Job Title : CLERK TYPIST I EDUCATION and/or EXPERIENCE: High school diploma or general education degree (GED) and six months related experience and/or training or equivalent combination of education. LANGUAGE SKILLS: Ability to read and comprehend simple instructions, correspondence and memos. Ability to write simple correspondence. Ability to effectively present concise and accurate information in one on one and small group situations to customers, clients and other employees of the organization. MATHEMATICAL SKILLS: Ability to add, subtract, multiply and divide two digit numbers ._ Ability to use 10 key calculator to calculate percentages and ratios. REASONING ABILITY: Ability to apply commonsense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations. OTHER SKILLS and ABILITIES: Knowledge of policies, practices and services of the department. Ability to use and operate 10 key calculator. Ability to use and operate dictaphone transcriber. Ability to maintain working relationships with employees and the public -and to follow written and oral instructions. Ability to maintain files and records with accuracy. Basic knowledge of computer operations including Word Perfect . Knowledge of English spelling, punctuation and grammar. Ability to type 50-60 wpm. Ability to type accurately from clear copy of rough draft . PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with - 2 - • JOB DESCRIPTION Job Title: CLERK TYPIST I disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. - 3 - Attachment #5 City of Shakopee Job Description JOB TITLE: SECRETARY EXEMPT: No JOB CODE: 56 SALARY LEVEL: DIVISION: SHIFT: DEPARTMENT: LOCATION: EMPLOYEE: REPORTS TO: PREPARED BY: Barry A. Stock DATE: 4/18/94 APPROVED BY: DATE: SUMMARY: Schedules appointments, gives information to callers, transcribes dictation, and otherwise relieves officials of clerical work and minor administrative and business detail by performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Type/word process memos, correspondence and xeports using micro computer word processing package. Perform permit or application processing. Answer questions from public regarding codes, application procedures and department activities. Develop, prepare and enter data relative to- department operations. Edit and proof read correspondence making grammatical corrections as appropriate. Transcribes dictation from voice recordings on computer. Composes routine correspondence, reports and memorandum. Collects, organizes and maintains information and records in such a manner that all other department members can easily retrieve data as needed. Annually reviews the filing system to dispose of information that is no longer needed, and relocate other files to appropriate storage areas as needed. Answers telephone and gives information to callers or routes call to appropriate official and places outgoing calls . - 1 - • JOB DESCRIPTION Job Title: SECRETARY Schedules appointments and coordinates arrangements for office activities, meetings, etc.- -_ - - Greets visitors, ascertains nature of business, and directs visitors to appropriate person. Assists public in completing forms, searching files for information and direction to other city personnel . Performs computer/data processing activities including complex word perfect and lotus 1-2-3 functions . Makes copies of correspondence or other printed matter. Process inbound and outbound mail as it pertains to department . Serves as backup for receptionist and/or other Department Secretaries. Performs other related duties as required. QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: High School degree or General Eduction Degree (GED) and at least four years related experience and/or training or equivalent combination of education and experience. LANGUAGE SKILLS: Ability to read, analyze, and interpret general business periodicals, professional journals, technical procedures, or governmental regulations . Ability to write reports, and correspondence. Ability to effectively present information and respond to questions from groups of managers, clients, customers, and to general public. MATHEMATICAL SKILLS: Ability to calcu_ate figures and amounts such as discounts, interest, proportions, percentages, area, circumference, and volume. Ability to aptly mathematical concepts in practical problem solving situations . REASONING ABILITY: Ability to solve practical problems and deal with a variety of - 2 - • JOB DESCRIPTION Job Title : SECRETARY concrete variables in situations where only limited standardization exists . Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form. OTHER SKILLS and ABILITIES: Thorough knowledge of modern office practices, procedures, machines, and systems including knowledge of computer operation. Basic skills thorough knowledge of English, spelling and punctuation. Ability to maintain alphabetical, numerical, and statistical records . Ability to compose effective correspondence from general instructions. Ability to type 60-70 wpm error free. Ability to initiate and follow-up work projects to their completion under the supervision of superior. Ability to establish and maintain working relationship with employees and public and to follow written and oral instructions. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . - 3 - Attachment #6 City of Shakopee Job Description JOB TITLE: EXECUTIVE SECRETARY EXEMPT: Yes JOB CODE: 67 SALARY LEVEL: DIVISION: Administration SHIFT: DEPARTMENT: Administration LOCATION: EMPLOYEE: REPORTS TO: City Administrator PREPARED BY: Barry A. Stock DATE: 4\18\94 APPROVED BY: DATE:. • SUMMARY: Assists in maintaining official City records__and processes administrative policies and/or directivesdetermined by the City Administrator while performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Schedules and coordinates arrangements for office_ activities, meetings, etc. Performs data processing support activities including data entry and inquiry. Edits and proofreads written material . Collects, organizes and maintains information from- predetermined sources. Prepares memorandums outlining and explaining administrative procedures and policies to supervisory workers. Maintains official minute records on City boards and commissions, the official document book, the policy -book and publishes legal notices . Process renewals of beer and liquor licenses and cigarette licenses . Assigns tasks/projects or areas of responsibilities to employees and volunteers and organizes work loads and availability to meet completion schedule. Assists the City Clerk in conducting elections. Assists in coordination of Council agenda and prepares Council - 1 a JOB DESCRIPTION Job Title: EXECUTIVE SECRETARY agenda packet for meetings including "photo reproduction and collating. Performs complex computer/data processing activities including work perfect, lotus 1-2-3 and pagemaker. Provides information, explanation, and assistance to the public and other employees . Directs preparation and filing of City personnel documents . Performs other duties as -assigned. Schedules appointments, gives information to callers, takes dictation, composes and_types correspondence, reads and routes incoming mail, and performs other administrative and clerical duties. QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: High School Degree or General Education Degree (GED) and one year additional education and at least an additional five years related experience and/or equivalent combination of education and experience of which at. least 3 years must be related experience. LANGUAGE SKILLS: Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents . Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write correspondences that conform to prescribed style and format . Ability to effectively present information to managers, small groups, and/or appointed/elected officials. MATHEMATICAL SKILLS: Ability to calculate figures and amounts such as discounts, interest, proportions, percentages, area, circumference and volume. Ability to apply mathematical concepts in practical problem solving situations . - 2 - • JOB DESCRIPTION Job Title : EXECUTIVE SECRETARY REASONING ABILITY: Ability to define- problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions and deal with several abstract and concrete variables . OTHER SKILLS and ABILITIES: Through knowledge of modern office practices, procedures and systems Ability to prepare complex documents and correspondence from general instructions. Thorough knowledge of computer operations and other office machines:- Possesses accurate typing skills with knowledge of english, spelling, and punctuation. Possesses dictaphone and word processing skills with the ability to type 70-80 wpm. Has ability to effectively interpret and communicate general knowledge of City operations and policies . PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee frequently is required to stand and walk. - The employee must occasionally lift and/or move up to 10 pounds . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . - 3 - /Lis MEMORANDUM TO: MAYOR AND MEMBERS OF THE CIT COUNCIL FROM: Karen Marty, City Attorne DATE: August 12, 1994 RE: Murphy' s Landing BACKGROUND: Last March the City entered into a three-year lease allowing Murphy' s Landing to continue operating on City property. Various provisions of the lease limited use of the property for a living history museum, and prohibited subletting. The City now has been approached by Paper Warehouse, Inc . , with a proposal to have a Halloween program at Murphy' s Landing. The Murphy' s Landing board has reviewed the proposal and is in support of it . DISCUSSION: In past years Murphy' s Landing has conducted a small Halloween celebration, with a hayride and perhaps a few scary actors. This activity has not been financially successful . Paper Warehouse, Inc. , is proposing to substantially enlarge the Halloween celebration, with building facades, numerous actors, rides, themed activities, food, beverages, and a shop. The lease between Murphy' s Landing and the City will not allow this activity. In order to allow it, the lease will have to be amended to address the longer term desired by Paper Warehouse (they want a 25 year lease, but Murphy' s Landing only has a three year lease) , the prohibition in the current lease from doing anything on site other than a living history museum, and the requirement that any subletting obtain prior City approval . Staff needs City Council input as to whether this type of activity is to be encouraged or prohibited. If it is to be allowed, how restrictive does the City Council want to be in terms of where in Murphy' s Landing the Halloween celebration can take place, location and appearance of any new structures, etc? Many if not all of these items will need to be addressed between Murphy' s Landing management and Paper Warehouse, and City Council may be comfortable with allowing Murphy' s Landing to address these items as it deems best . Once staff has a better feel for the desires of the City Council, it will be fairly easy to put together an appropriate amendment to the existing lease. 1 ALTERNATIVES: 1 . Direct staff to prepare an amendment to the lease with Murphy' s Landing, allowing the proposed Halloween celebration, but leaving the details of the activities to be resolved between Murphy' s Landing and Paper Warehouse. 2 . Direct staff to prepare an amendment to the lease with Murphy' s Landing, and direct staff to specify the time, place, esthetics, precise operation, and management details of the Halloween celebration. 3 . Do not direct staff to prepare an amendment to the lease with Murphy' s Landing. RECOMMENDATION: Direct staff to prepare an amendment to the lease with Murphy' s Landing, and advise staff as to the level of detail desired in the amendment . )I,t. PAPER WAREHOUSE* ONO= Lr(r* 7634 Golden Triangle Drive • Eden Prairie, Minnesota • 55344 612-829-5467 • FAX 612-829-0247 PAPER WAREHOUSE INC. HALLOWEEN THEME PARK & MURPHY'S LANDING WHO IS PAPER WAREHOUSE: Paper Warehouse is a specialty retailer of party goods, based in Eden Prairie, Minnesota. The company started in 1983 with its first store in St. Louis Park, MN and today operates 71 stores in 16 states of which 41 are company-owned units and 30 are franchise-owned units. The company offers to the public a wide assortment of party and paper products, office products, seasonal decorating merchandise, greeting cards, balloons and various seasonal related categories. Its largest seasons are Halloween, Christmas, New Year's, Valentine's Day, St. Patrick's Day, July 4th and the graduation/wedding seasons. The company is owned and operated by Yale Dolginow and Brent Schlosser. Both individuals have been in the retail industry over 60 years. Mr. Dolginow's past experience has been as President of Dolgin's Catalog Showrooms, President of Modern Merchandising (LaBelles), Assistant to the President of Dayton Hudson Corp. and President of Carlson Catalog Showrooms, Inc., a division of Carlson Companies. Mr. Schlosser's past experience has been Director of Marketing at Dolgin's, Director of Marketing at Modern Merchandising, and Vice President of Carlson Catalog Showrooms, Inc. PAGE 2 HALLOWEEN THEME PARK MURPHY'S LANDING II WHAT IS THE EVENT: II Paper Warehouse has proposed to Murphy's Landing the use of their facility as a location for a Halloween theme park starting in the Fall of 1995. The theme park will be a family oriented entertainment event offering hay rides through a trail of choreographed haunted sets. Other attractions will include personal appearances by entertainment celebrities, a theme oriented food service menu and a retail merchandise shop offering Halloween related products. Existing structures will not be altered, but used as "backdrop" settings for the various staged exhibits and events. II BENEFITS FOR MURPHY'S LANDING: II We believe Murphy's Landing will benefit in several ways by allowing the use of their facility for this event: * Murphy's will receive guaranteed lease income under the terms of the contract with incremental financial benefits if the theme park attendance exceeds certain pre-determined levels. * Murphy's will receive increased awareness through the publicity efforts of the theme park campaign as well as word of mouth communication from those attending the event at the Murphy's Landing site. * Murphy's will receive the benefits of association with a multi-store retail operation located throughout the state of Minnesota. In conjunction with this promotion Paper Warehouse will be conducting an extensive advertising campaign utilizing Television, Radio, Newspaper Inserts and instore sales promotions. These efforts will reach over 700,000 households throughout our trade area and the Murphy's Landing location will be "cross promoted" within each of these mediums, in essence, at no charge. CONSENT 19- TO:: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Declaration of Surplus Vehicles DATE: August 5, 1994 Introduction City Council needs to declare certain vehicles/property as surplus in order to dispose of them. Background As part of the preparation for the fall Hennepin County auction, Council needs to declare various items surplus property as follows; 1. The city purchased a Surburban for the Fire Department to replace a Crown Victoria which was cycled down from the Police Department. The Ford should be sold. 2. The city purchased an 1994 S10 truck to replace 1982 S10 truck in the Engineering division. The 1982 S10 should be sold. 3. The City purchased a high pressure jetter in 1993 to replace the old sewer rodder. Public works requested to keep the old rodder for awhile to see how the jetter wokred versus a rodder. Public Works now desires to keep the rodder. 4. The City purchased a new squad car and cycled down an old squad to Inspection. The 1985 LTD that Inspection was using should be sold. The City has requested 6 auction slots for the fall auction. SPUC has requested to utilize two of the slots. Alternatives 1. Declare items surplus as recommended. 2. Modify proposed list of items to be declared surplus. 3. Do not sell items. Action Requested Move to declare the following items surplus property: 1989 Ford 2FABP72G1KX176248 1982 Chev 1GCBS14A4C0139659 1985 Ford 1FABP3937FG175662 c:\memo\auct94 tt- k. CONSENT MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock, Assistant City Administrator RE: Employment Resignation - Jeff Swenson DATE: August 10, 1994 INTRODUCTION: Attached is a resignation memorandum from Jeff Swenson, Engineering Technician. BACKGROUND: Consistent with the Personnel Policy, Jeff Swenson, Engineering Technician has submitted a 14 day notice resigning his position effective August 24, 1994 . Mr. Swenson has accepted a similar position with the City of Buffalo. In order to maintain engineering services at their current level, staff is requesting Council approval to advertise for the Engineering Tech II position vacated by Mr. Swenson. No official action is needed with respect to Mr. Swenson' s resignation. However, a motion would be in order directing the appropriate City officials to advertise for the vacated Tech II position. ALTERNATIVES: 1 . Authorize the appropriate City officials to advertise for the Engineering Tech II position. 2 . Do not advertise for the Engineering Tech II position at this time. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to advertise for the Engineering Tech II position. MEMO TO: Dennis R. Kraft, City Administrator FROM: Jeff Swenson, Engineering Technician RE: Employment Status DATE: August 10, 1994 As required by the Personnel Policy I am hereby giving my 14 day notice to terminate my employment with the City of Shakopee. My employment will terminate as of August 24, 1994. I have accepted a position with the City of Buffalo as an Engineering Technician in a newly formed Engineering Department. CONSENT fc2, aJ TO: Dennis R. Kraft, City. Administrator FROM: Gregg Voxland, Finance Director RE: Enterprise Fund for Refuse Collection DATE: July 29, 1994 Introduction The Committee Of the Whole has recommended that Council establish an enterprise fund for refuse collection and recycling. Background A recommendation from the auditors following the 1992 and 1993 audit was to establish an enterprise fund for refuse collection. Two benefits for the City would be to reduce expenditures in the General Fund compared to other cities and to more clearly show the relationship of revenues to costs. The state has been suggesting this change for several years. There would be no change in operations as a result of creating an enterprise fund for refuse collection. Action Requested Offer Resolution No. 4055 A Resolution Establishing An Enterprise Fund For Refuse Collection, and move its adoption. • Resolution No. 4055 A RESOLUTION ESTABLISHING AN ENTERPRISE FUND FOR REFUSE COLLECTION Whereas, the auditors for the City of Shakopee and the State Auditor have recommended that an enterprise fund for refuse collection be established, and Whereas, the Committee Of The Whole has recommended that an enterprise fund for refuse collection be established, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that an enterprise fund for refuse collection and recycling be established and the recording of financial transactions be removed from the General Fund effective January 1, 1994 . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler]t^-'`) SUBJECT: Amending Fee Resolution DATE: August 9, 1994 INTRODUCTION AND BACKGROUND: Effective August 1, 1994, Minnesota law concerning handguns changed significantly. One change provides that the police department can charge a fee, up to $10. 00, for processing applications for Permits to Carry. The police department would like to implement this application fee at this time. The attached resolution will accomplish this. ALTERNATIVES: 1] Adopt a fee for applying for a permit 2] Do not adopt a fee for applying for a permit RECOMMENDATION: Staff recommends alternative #1, adopt a fee. RECOMMENDED ACTION: Offer Resolution No. 4059, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 3924, Adopting The 1994 Fee Schedule, By Adopting Fees Relating To Applications For Permits To Carry Firearms, and move its adoption. • RESOLUTION NO. 4059 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3924, ADOPTING THE 1994 FEE SCHEDULE, BY ADOPTING FEES RELATING TO APPLICATIONS FOR PERMITS TO CARRY FIREARMS WHEREAS, the City Council adopted Resolution No. 3924 approving a fee schedule for the City of Shakopee; and WHEREAS, 1994 Legislation allows for the charging of a fee, up to $10,00, for processing applications for Permits to Carry a handgun in public. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that Resolution No. 3924 is hereby amended by adding a $10. 00 application fee for Permits to Carry a handgun in public. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of August, 1994 . ATTEST: City Clerk Approved as to form , City Attorney CONSEI\IT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Appointment of Election Judges DATE: August 9, 1994 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 4060 which appoints election judges for the September 13th primaryelection. All individuals have been contacted and have agreed to work and to attend a training session for election judges as required by law. The compensation contained in the resolution has been increased from the previous year. Compensation is set at $5. 00/hr for regular judges and $5.50/hr for those designated as Chair. This is a $0.50/hr increase over last year. This is more in line with what neighboring communities are paying for election judges. This increase was budgeted for 1994. RECOMMENDED ACTION: Offer Resolution No. 4060, A Resolution Appointing Judges of Election And Establishing Compensation, and move its adoption. RESOLUTION NO. 4060 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . The following persons are hereby appointed Judges of Election for the September 13, 1994 Primary Election for the six polling precincts with the City of Shakopee designated in Resolution No. 3646, adopted August 18, 1992 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Nancy Vaughan Kris Dirks Betty Christensen SECOND PRECINCT: Regular Judges Dolores Hartmann Susan Stolarcek, Chair Betty Menden Walter Ruhland Rose Schleper THIRD PRECINCT: Regular Judges Laura Olson Maetta Jurewicz, Chair Joe Schleper Brigid Altman Kathy Marschall FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Lillian Weinandt, Chair Joan Schultz Edna Wangerin Muriel Koskovich Jermayn Leavitt FIFTH PRECINCT: Regular Judges Joan Hart Carol Link Virgilla Geske, Chair Wayne Dirks Gavl Madigan 2 . The Election Judges shall be compensated for their work at the rate of $5 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $5 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 16th day of August, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 12. 01 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Vierling Drive, Project No. 1994-7 DATE: August 11, 1994 INTRODUCTION: Attached is Resolution No. 4044, a resolution accepting bids and awarding the contract for Vierling Drive, Project No. 1994-7. BACKGROUND: On May 17, 1994 the City Council of Shakopee ordered the advertisement for bids for Vierling Drive, from County Road 15 to Presidential Lane. On July 8, 1994 the bids were received and publicly opened for this project. A total of two bids were received and are summarized in the attached resolution. The low bidder is Ryan Contracting with a bid of$505,519.50. Staff has reviewed the bids for completeness and has determined that the low bidder is qualified to perform the work as described in the plans and specifications. The Engineer's estimate for this project is $481,323.70. On August 2, 1994, City Council tabled Resolution No. 4044 to allow for a public hearing to be held on August 16th for the sewer and water portion of the project. You may remember that the hearing on the street improvements was held on March 8, 1994. The street improvements were ordered by Resolution No. 3966 after that public hearing. Staff was expecting to recieve petitions for the sewer and water improvements. Because Mr. Link indicated that he did not desire the sewer and water improvements at this time, he did not submit the necessary petition. Absent a petition, it was necessary to schedule a public hearing on making the sewer and water improvements. After the public hearing is held on August 16th and after the sewer and water improvements are ordered, it would be appropriate to award the bids for the Vierling Drive Improvements, Resolution No. 4044. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4044 awarding the contract to Ryan Contracting, Inc. 2. Reject the low bid and award the contract to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to award the contract to Ryan Contracting, Inc. ACTION REQUESTED: 1. Remove Resolution No. 4044 from the table. 2. Offer Resolution No. 4044,A Resolution Accepting Bids on Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption. 3. Approve of a contingency in the amount of 10% of the bid for use by the City Engineer in authorizing change orders on this project. DEH/pmp MEM4044 • • RESOLUTION NO. 4044 A Resolution Accepting Bids On Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS,pursuant to an advertisement for bids for Vierling Drive Project No. 1994-7, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Ryan Contracting, Inc. $505,519.50 S.M. Hentges & Sons, Inc. $555,444.50 AND WHEREAS, it appears that Ryan Contracting, Inc., 8700 13th Avenue E., PP Shakopee, MN 55379 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 Ryan Contracting, Inc. the name of the City of Shakopee for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 by pavement, sanitary sewer, storm sewer and watermain 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 , 1994. Mayor of the Ci Shakopee ATTEST: City Clerk Approved as to form: City Attorney CO1\ISENT 12i MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: Stormwater Report for Northern Shakopee (Scherer Brothers Site) DATE: August 9, 1994 INTRODUCTION: Attached is Resolution No. 4058, which accepts the feasibility report and orders a public hearing for the stormwater improvements to Northern Shakopee (Scherer Brothers Site). BACKGROUND: On May 17, 1994 the City Council ordered a feasibility report prepared for stormwater improvements near and adjacent to the Scherer Brothers Site on 4th Avenue. This report was petitioned for by Scherer Brothers as part of their development plan because the improvements benefit additional properties besides theirs,plus some of the improvements needed are not located on Scherer Brother's property. The feasibility report has been completed and is attached for Council review. The report identifies a drainage area generally described as north of Canterbury Downs and between Shenandoah Drive and County Road 83. The report identifies four alternatives ranging in cost from approximately $576,000.00 - $844,000.00. This area does not have adequate stormwater facilities or outlets and therefore any future development, including Scherer Brothers, will have difficulty addressing stormwater in their plans. Because the improvement benefits several properties, staff is proposing to hold a public hearing to present all options and costs to these properties. Attached is Resolution No. 4058, which sets the public hearing on these improvements for September 20, 1994. Staff has met with representatives of both Scherer Brothers and Certainteed to review this report since they are the two main affected properties. ALTERNATIVES: 1. Adopt Resolution No. 4058, to set a public hearing date. 2. Deny Resolution No. 4058. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4058, A Resolution Receiving a Report and Calling a Hearing on Stormwater Improvements to Northern Shakopee, Generally Described as the Area North of Canterbury Downs, Between Shenandoah Drive and County Road 83, Project No. 1995-1 and move its adoption. DEH/pmp MEM4058 RESOLUTIOl4 NO. 4058 A Resolution Receiving A Report And Calling A Hearing On Stormwater Improvements To Northern Shakopee, Generally Described As The Area North Of Canterbury Downs, Between Shenandoah Drive And County Road 83 Project No. 1995-1 WHEREAS,pursuant to Resolution No. 4011 of the City Council adopted May 17, 1994, a report has been prepared by the City Engineer, with reference to the stormwater improvements to northern Shakopee in the area north of Canterbury Downs, between Shenandoah Drive and County Road 83 and this report was received by the Council on August 16, 1994. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, IVIINNESOTA: 1. The Council will consider the stormwater improvements for the area north of Canterbury Downs and between Shenandoah Drive and County Road 83 in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$844,000.00. 2. A public hearing shall be held on such proposed improvements on the 20th day of September, 1994, at 7:30 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1995-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney r r I STORMWATER FEASIBILITY STUDY r FOR r NORTHERN SHAKOPEE I I r 1 r PREPARED FOR THE CITY OF SHAKOPEE OSM PROJECT NO. 1775.74 r if 0 Orr Schelen Mayeron& Associates, Inc. r Engineers Architects Planners Surveyors CISMK Orr Schelen Mayeron& August 11, 1994 Associates,Irtc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 Honorable Mayor, City Council and Staff 612-595-5775 1-800-753-5775 City of Shakopee FAX 595-5774 Engineers 129 East 1st Avenue Architects Shakopee, MN 55379 Planners Y Re: Stormwater Feasibility Study for Northern Shakopee OSM Project No. 1775.74 Dear Mayor, City Council and City Staff: Attached please find a copy of the Stormwater Feasibility Study for Northern Shakopee. This study identified and evaluated several alternatives which are available to carry stormwater from the northern area of Shakopee to the Minnesota River. During the evaluation of the alternatives, several issues were identified that had a bearing on determining the most attractive feasible alternative. The major issues of concern included: 1. The need to maintain the natural drainage patterns in the area if possible. 2. The feasibility of crossing the existing VIP sanitary sewer line located within the study area. 3. The need to design the project in conformance with the City's Stormwater Management Plan. As part of this plan, we need to provide rate control and treatment of stormwater run-off directed to the Minnesota River. 4. The need to establish a public drainage system if water from upstream properties transcends downstream private property. Private drainage systems which receive water from areas beyond their property boundaries are not in the best interest of the City nor of the parties in possession of the private stormwater conveyance system. 5. The need to provide the most economical design. Upon evaluating each of the available alternatives on the above criteria, it was determined that the best solution would be to make the existing CertainTeed stormwater conveyance system a municipal system. In addition, construct a municipal drainageway for stormwater run-off generated from areas south of 4th Avenue through Scherer Brothers, outletting to the east into an improved stormwater conveyance system located along the existing alignment of the CertainTeed ditch. Equal Opportunity Employer Honorable Mayor, City Council and Staff August 11, 1994 Page 2 This alternative would provide rate control and generated fromathiso area of Shakopee treatment toof all stormwaterMiMinnesota River, minimize the quantityp prior to discharging to the Minnesota Riv of rock excavation required in the installation conveyance system; and will avoid anyer, In tsystem, costs associated with alternative of a new stormwater new crossings with the In addition,ato with each of the otr thisiae were competitive�P trunk sanitary nstwith the costs sewer. stormwater conveyance system and provide stormwater The total cost to construct this er ponding is estimated at $692000. If you have any questions or co mments e to co Y this stormwater feasibility stud ' tact me at 595-5767. for Northern Shakopee, please do not he itat Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. at2-- '441p/_ Peter R. WillenbrinP.E. /ref g, P Manager, Water Resource Department r H:\1775.74\WATER\LETTERS\940811.ci t OSik . 300 Park Place Center 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 612-595-5775 1-800-753-5775 August 9, 1994 FAX 595-5774 Engineers Architects Planners Surveyors Mayor, City Council, and Staff City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 ' Re: Stormwater Feasibility Study for the Northern Shakopee OSM Project No. 1775.74 Dear Mayor, Council and Staff: Attached is a copy of our Stormwater Feasibility study that outlines the results of our investigation into alternatives to properly manage stormwater run-off directed to the Minnesota River from areas in Northern Shakopee. We would like to thank the members of your City Engineering and Planning Staff for their assistance in the preparation of this report. If you have any questions concerning any of the information or alternatives outlined in this report, please do not hesitate to contact me at 595-5767. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. I Peter R. Willenbring, P.E. Manager, Water Resource Department I H:\1775.74\WATER\REPO RT\CO VERLTR • I Equal Opportunity Employer 1 I 1 • I STORMWATER FEASIBILITY STUDY FOR NORTHERN SHAKOPEE I I PREPARED BY: ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 (612) 595-5775 OSM Project No. 1775.74 I I I I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Peter R. Willenbring, P.E. Date: August 1994 Reg. No. 15998 I TABLE OF CONTENTS COVER LETTER TITLE PAGE TABLE OF CONTENTS LIST OF FIGURES LIST OF TABLES LIST OF APPENDICES Page No. I. INTRODUCTION AND PURPOSE 1 II. REVIEW AND ANALYSIS OF BACKGROUND INFORMATION 1 III. DISCUSSION OF IMPROVEMENT ALTERNATIVES 3 IV. RECOMMENDED IMPROVEMENT ALTERNATIVE 19 1 LIST OF FIGURES 1. Project Location Map 2 2. Map showing Alignment of Alternative #1 6 3. Map showing Alignment of Alternative #2 10 4. Map showing Alignment of Alternative #3 14 5. Map showing Alignment of Alternative #4 17 LIST OF TABLES I. Cost Estimate of the Recommended Alternative #1 7 2. Cost Estimate of the Recommended Alternative #2 11 3. Cost Estimate of the Recommended Alternative #3 15 4. Cost Estimate of the Recommended Alternative #4 18 LIST OF APPENDICES A. Results of the Hydrologic/Hydraulic Analysis of Alternative #1 B. Results of the Hydrologic/Hydraulic Analysis of Alternative #2 C. Results of the Hydrologic/Hydraulic Analysis of Alternative #3 D. Results of the Hydrologic/Hydraulic Analysis of Alternative #4 OSM Project No. 1775.74 TOC I I. INTRODUCTION AND PURPOSE ' The purpose for preparing this Stormwater Feasibility Study for Northern Shakopee is to provide a stormwater conveyance system which will direct stormwater run-off from this area of Shakopee to the Minnesota River. This stormwater conveyance system will incorporate rate control and treatment of stormwater run-off prior to discharging to the Minnesota River. 1 A 22.5 acre parcel located north of 4th Avenue and south of T.H. 101 is proposed for industrial development. Stormwater run-off generated from this parcel currently drains to the north and then east through a privately owned ditch system which crosses T.H. 101 and outlets into the Minnesota River. This area of Shakopee currently has no municipal drainage systems inplace. Therefore, it is ' through this feasibility study that a municipal drainage system will be recommended for the conveyance of stormwater run-off from northern Shakopee to the Minnesota River. This study is being completed at the direction of the City Staff in order to adequately plan and provide stormwater management measures which will provide rate control and treatment of stormwater run-off prior to being discharged to the Minnesota River. II. REVIEW AND ANALYSIS OF BACKGROUND INFORMATION A. Location This stormwater feasibility study is being prepared for the area located south of T.H. 101, west of County Road 83, east of Shenandoah Drive and north of Canterbury Downs within the City of Shakopee (Figure 1). This feasibility report has been written for the areas shown as MR 3, MR 4 and MR 5 in Figure 1. B. Watershed Information This watershed in Northern Shakopee is comprised of six subwatersheds with a total area of approximately 825 acres. This report will be focused on subwatersheds shown as MR 3, MR 4, and MR 5 in Figure 1 with a total area of 315 acres. Stormwater run-off generated from these subwatersheds drains to the north crossing under the Chicago and Northwestern Railway and T.H. 101 outletting to the Minnesota River. C. Hydrologic/Hydraulic Results Subwatersheds MR 3, MR 4, and MR 5 currently have two inplace outlets which convey stormwater run-off from south of T.H. 101 north to the Minnesota River. An existing 24" CIP passes under the Chicago and Northwestern Railway and a 24" RCP crosses T.H. 101 in Subwatershed OSM Project No. 1775.74 Page 1 1 1u -4');14 O O_ u., i _ ,.. ,,i 1A_ u_ O S .) �` 'S U ir, ,9 >4 o- 2 �c co �� io lSz J > I . W$ 2 � >10 I , / $ I 4 //Iz1L / hI,¢ i i .;:s .2 Cr R HinosaI� 1 50NI :e I ,lii Fr w .1 1111 di Q b 7 `�y� 5 § i .Z I - 1 77- \\c\i v. 1 28 M I X Pr ui , =i a 1 l'f, . if Lai CO io co z i (4'1 It 14.11Xll°11 111 13 cc cc S lin I A ,(sdy1 ?P e \ .Cr 0 4 11110 M x lirE ., a N 1= p 4 OVON lAWAP P��! Il 13315 ON ISI IA s, �J 1 kz46,s ,. 4, ® i 7,gr(4. , i Drawn By: Drawing Title Comm. No. 1 TAW :: : Orr 1775.74 - �_:-- Schelen� = - n & PROJECT LOCATION MAP f Associ Associates, Inc.Surveyors CITY OF SHAKOPEE Figure Date: Engineers ■ Architects ■ Planners ■ 1 6-29-1994 300 Park Place Center•■ 5775 Wayzata Boulevard Minneapolis.MN 55415-1220 • 612-595-5775 1 MR 5. The hydraulic capacity of this crossing is limited to approximately 14 cfs. A 36" CMP passes under the Chicago and Northwestern Railway and a 36" RCP crosses T.H. 101 within Subwatershed MR 4 at approximately the eastern boundary of the CertainTeed property line. The hydraulic capacity of this crossing at MR 4 is estimated to be 55 cfs. In addition to analyzing the hydraulic capacity of these crossings, a complete hydrologic/hydraulic analysis has been completed for each alternative discussed, and the results are included in the Appendix of this study. III. DISCUSSION OF IMPROVEMENT ALTERNATIVES A hydrologic/hydraulic analysis of each alternative was completed using the TR 20 based computer model with the trade name, HYDROCAD. The following conditions applied to the evaluation of each of the alternatives considered within this report: 1. It is proposed that a culvert crossing under 4th Avenue west of Shenandoah Drive be constructed and the existing culvert crossing which conveys stormwater run-off from the west to the east under Shenandoah Drive south of 4th Avenue be removed. It is anticipated that this change will be incorporated into the reconstruction of 4th Avenue in the near future. This reduces the watershed area of Subwatershed MR 3 by an estimated 35 acres. 2. The allowable peak discharge rate from each subwatershed or parcel within the study area will be limited to the ratio of that contributing drainage area to the total drainage area tributary to its crossing at T.H. 101 for each alternative evaluated. I I I I I I OSM Project No. 1775.74 Page 3 I Alternative No. 1: Allow CertainTeed to maintain and operate its current private drainage system located in Subwatershed MR 4 by conveying stormwater run-off Iwest to the outfall at Subwatershed MR 5. This alternative would allow the existing stormwater conveyance system located on 1 the property of CertainTeed Products Corporation to be maintained as a private stormwater conveyance system. In addition, stormwater run-off generated from Subwatershed MR 3 would be conveyed under 4th Avenue to the north along the I Scherer Brothers proposed stormwater system, then directed to the west outletting at the existing 24" CIP located in Subwatershed MR 5. This alternative is shown in Figure 2. IThe allowable peak discharge rate out of subwatershed MR 5 would be limited to the existing capacity of the 24" CIP crossing located at the Chicago Northwestern IRailway at an estimated 14 cfs. The hydrologic/hydraulic analysis of this alternative included the following: 1 1. Subwatershed MR 3 has a total drainage area of 155 acres which comprises approximately 68% of the total drainage area tributary to the outlet at I Subwatershed MR 5. The allowable peak discharge rate from Subwatershed MR 3 is then limited to 9.5 cfs. I 2. Stormwater storage required for the 100-year 24-hour storm event for Subwatershed MR 3 is estimated to be 41.4 acre-feet. 3. The proposed Scherer Brothers development comprises 22.5 acres of Subwatershed MR 5, which is approximately 10% of the total drainage area tributary to the outlet at Subwatershed MR 5. The peak discharge I rate from the proposed Scherer Brothers site was limited to 10.9 cfs (1.4 cfs contribution by Scherer Brothers with 9.5 cfs flow through from Subwatershed MR 3). I4. Total required stormwater storage for the 100-year, 24-hour duration storm event on the Scherer Brothers site would be approximately 6.6 acre-feet. I5. The remaining 51.5 acres of Subwatershed MR 5, which comprises approximately 22% of the total drainage area, would be limited to 3 cfs. I6. The stormwater storage required for the remainder of Subwatershed MR 3 would be approximately 15.7 acre-feet in the 100-year, 24-hour storm event. I The total stormwater storage required for this alternative in the 100-year, 24-hour g q storm event, is approximately 63.7 acre-feet. Results of the hydrologic/hydraulic Ianalysis may be seen in Appendix A. The invert elevation of the culvert crossing at subwatershed MR5 is at elevation 729.80. The invert elevation of the outlet pipe I from the ponding area being proposed at 4th Avenue is at elevation 732.0. This limits the available fall throughout this stormwater conveyance system to OSM Project No. 1775.74 Page 4 I approximately 2.2 feet. Therefore, the average slope through the system would g y ou d be approximately 0.1%. Construction of this alternative would include a special structure to convey stormwater under the existing VIP sanitary sewer sytem. The cost to implement this alternative is estimated at $576,000. A breakdown of these costs and the estimated assessments can be seen in Table 1. I 1 I I I I I I I 1 1 1 I OSM Project No. 1775.74 Page 5 I I/ __,./-- MI � 14 cfs SCOTT COUNTY HISTORICAL SOCIETY INC. II OWENS - ILLINOIS 55 cfs 1 01 GLASS co. ■ olior II 11111 Akk. — -7111;-- ---------------'- 15.7 POND --ft 27" RCP D SANT aARY 10.9 cf- POND , I V R 5 SCHERER BROS. THUNDERHAWK (6.8 cc-ft) R 4PRIVATE STORMWATER S"STEM '96, INLAND CC II t 27" SANITARY SEWER 27" RCP CERTAINTEED PRODUCTS CORP. II 7J POND EASEMENT AVE J �o �`° J 15" R C P MRONSKI o = 9.5 cfs JAo II fie' SANITARY SEWER 0" 1 i PROPOSED POND 1\dif R :15 iii I EDWARD CHRISTIAN LOCATION 41 .4 ac-ft JOSEPH KOSKOVICH 1 JACOBS REALITY / II ( CANTERBURY ) 0 600 1200 ISCALE IN FEET Drawn By: Drawing Title Comm. No. - -_ _ _.r - Orr TAW �-� =�,�< Schelen 1775. 74 -a .1_s.ds Mayeron & ALIGNMENT O F Date _=°yr=F.'$' A Y=i Associates, Inc. — Engineers . Architects ■ Planners ■ Surveyors ALTERNATIVE #1 Figure I 6/29/1994 300 Park Place Center■ 5775 Wayzata Boulevard 2 Minneapolis,MN 55416-1228■ 612-595-5775 F cc Ts m W a' .5 m d W 3 13321Vd C1311133N39 E E ,,,i- 1- 0 " mWN 23N3SS3SSv C31HWI1S3 ` "aN0Q v) Z W Q N o` N Q Ln ZW a aeadoioys do 40 a :o 13 ` oi usws vu). yr Q 0 ; W O i. N p g e-- r... — J CO - W Q yoino�soN ydasor CO ori o ,h g W Q Z Q .is yy y yr y N 0 ` W 1� 0 Z -j U)U) rmret Q m (/ungla�uo�) p N $ E-- O 3 /4l�oad sg000r iv (i .a ° NO N as 'I' .is '4' vs CG v) y G. C3 0 E , Ilag wa{saMgpON n $ M -_ Z ° t- J N N• -. N yr C < W C .e 0 p punp1Jofg•H o v M N 0 W n- 1:1 ei .y as .lir v). .ten C a J r) O . Q 0. <PISUOJM N `V N .4:)N _ hv �i.is s . N O N N^ U a N. uo!Isuy0 pJOMp3 co N O n v /> - U N1.1). m aadoloyS 3 o/'4 o6 4el tee .1 .0 N m 3pooJI!Od uJalsaAy4JoN P St a a = v0600!113 CX — ;a uogolodlo0 a JauiO4uo3 poop! 'O 3 0 -0 uoi40JodJo3 c III slonpoJd a H g paaluio4JOO 'm aado�byS do 4� q o o4,1 NX - N m d AuodwoO CO c0 .h N Jaquwnl N o o R L slay oig Jalayos CV +s •s +� v) 2 p0OJlIOd o. P v ulajsaMgpJoN o c? .41c r. 3 wii o600iy0 .ti tis :.s .is 0 -r3 vv $ °' 0 S) iMoyo Jepunyl . ccc N 0' - Cr. Cs1 .fir 44. W). +N 6 al ' N 0' N a `w O N N O N. 2 O d M N EU i N '" ./) vs yr 4 N W OD Q 0' (Nci? Ci 0a '° � otON N N NN<0 (I> V? ) N O N pp pp � _ N o') N U N 0 0 �1' V 0 < .C._;::U) N y V>N N v?N N V) Q R o a n O N .- el M r N N el g 10. m N o m a U < < LJ.. LL U < u < } a 2 =.::::,: U J W 1J.1 J J J W J W 0 a a. C 0 O 5 N .`_ 0 O O Q. O o a C < 0 0 0 < c o a o o ;� ccc� a o >o .45 C N a)E > 0 CV N N 0 > C rj 0 Z o ZO o O O O C O 0 0 0 .0 ccc o -o < CI cQ a a d .- N N N N N 0 C O C 7 .g- m m 0 E E U) N -a0 o o € mg oCY C 0 a m c rEm C `O C -a as O 0 f c m } a E o 0 o to v 3y-- - E0. mm0) 00 m ° c Hom 0 oma 0 . O .sr ho ob m O £ v. vE O N U m0Oa O 0Ow ° N o u co > > • v m E m m 2 c a C E ci a m = CO O N 3 ` 3 t O o- Cl W r Ego Edo o o v°) 0 4c 6oc 0 0 W 0 a W a N 0 N O 0 0. N W V H Z — 1111 1111 r 11111 - - all 1111 — r — 1111 11111 1111 - - - 1111 I Alternative No. 2: Allow CertainTeed and Scherer Brothers to maintain and operate a private stormwater conveyance system within Subwatershed MR 4. This alternative would allow Scherer Brothers and CertainTeed to maintain and operate a private stormwater conveyance system which would utilize the existing ' CertainTeed stormwater conveyance system outletting to the Minnesota River. In addition, this alternative would require stormwater run-off generated from Subwatershed MR 3 to be conveyed northward under 4th Avenue through a municipal drainage system outletting at the existing 24" CIP outlet at Subwatershed MR 5. This alternative is shown in Figure 3. The peak discharge rate out of Subwatershed MR 4 would be limited to approximately 55 cfs for the 100-year 24-hour duration storm event with discharge rate contributions to be determined through a private agreement between Scherer Brothers and CertainTeed Products Corporation. Stormwater run-off rate limitations out of Subwatershed MR 5 would be limited to the existing capacity of the 24" CIP which is approximately 14 cfs. The hydrologic/hydraulic analysis of this alternative included the following: 1. Subwatershed MR 3 accounts for approximately 76% of the total drainage area, therefore, the peak discharge rate from Subwatershed MR 3 was limited to 10.6 cfs. 2. Subwatershed MR 3 is required to store approximately 40.6 acre-feet of stormwater storage for the 100-year, 24-hour storm event. 3. The peak discharge rate from Subwatershed MR 5 is limited to 14 cfs of which 10.6 cfs is flow through from Subwatershed MR 3. 4. Subwatershed MR 5 is required to store an estimated 15.0 acre-feet of stormwater in the 100-year, 24-hour storm event. 5. In addition, Scherer Brothers would still be required to provide their proposed 6.7 acre-feet of stormwater storage for the 100-year, 24-hour storm event. The total stormwater storage required for the 100-year, 24-hour storm event for this alternative is approximately 66 acre-feet. Results of the hydrologic/hydraulic analysis may be seen in Appendix B. The invert elevation of the culvert crossing at subwatershed MR5 is approximately at elevation 729.80. The invert elevation of the outlet pipe from the ponding being proposed at 4th Avenue is proposed to be at elevation 732.0. This limits the available fall throughout this stormwater conveyance system to approximately 2.2 feet. Therefore, the average slope OSM Project No. 1775.74 Page 8 I through the system would be approximately 0.1%. Construction of this alternative would include a special structure to convey stormwater under the existing VIP sanitary sewer system. The estimated cost to implement this alternative is estimated at $578,000. A breakdown of these costs can be seen in Table 2. I I I I I I I I I I 1 OSM Project No. 1775.74 Page 9 I I777 14 cfs ` SCOTT COUNTY HISTORICAL SOCIETY INC. IIOWENS - ILLINOIS �55 cfs 1 01 GLASS CO. I 11011111"`"11 --711 ----- IJJNDY 1v R 5 , S OH ER ER BROS. I )O (6.7 ac—ft) V R z- PRIVATE STORMWATER 9y THUNDERHAWK SYSTEM INLAND CC II 27" SANITARY SEWER / CERTAINTEED PRODUCTS CORP. CD 21 " RCP POND PRIVATE STORMWATER SYSTEM I AVE. I 04� � m MRONSKI O �N, SANITARY SEWER <> i ,\-\ 10.6 cfs PROPOSED POND M R 3 LOCATION EDWARD CHRISTIAN 40.6 ac-ft JOSEPH KOSKOVICH Ilil 111 ' JACOBS REALITY ( CANTERBURY ) 0 600 1200 ISCALE IN FEET Drawn By: Drawing Title Comm. No. I TAW nwA2cIelen 1775. 74 Mayeron & ALIGNMENT OF _ Associates, Inc. ALTERNATIVE #2 9 Dates - Fi ure Engineers• Architects • Planners . Surveyors I 6/29/1 994 300 Park Place Center. 5775 Wayzata Boulevard 3 Minneapolis,11N 55416-1228■ 612-595-5775 F a W 0 13321Va E § N W m ?lad 1N3WSS3SSV a31V.14S3 Lu:Q ZLli N QFO W 2 U) Z W Q it)c• \O Q W aado>oyS ,r, ,,,� q M „o J0/40 U N N N N (V N N N 0 Z ft ILLI- O W 14oin0)s0N o a a Q U > 2 cQ, N III v ° . w ydasof o c" ;o Z. y 4" Cr) Q Q IL" - u) F- ^ ^ '� Z Q d (Nngia�uoo) q , c Q Ce 3 Aifloed sq000r Z 2 2 ,- 0 .0 vs :Z<-1. 4"'" us• O N ( f2 0 N O ItX c M Ila9 0 2 ` a ; .` wa4saMy}�ON N N y c3::: W J CO• �s vs CQ W 0 • G et V Pun� J019•H o Fr- a C . yr +n yr s�rr W J v v ui;: s? N N Al?.3•.. uoi1siayO In a a co _ paon�p3 N 2 .i eadoiogS o 10 410 u) .� V m ym Poomod m o a $uaa;somLIPON . .3 v obooiy0 n - Auodwoo • ;� OL iagwni cv .o }> sia a iaia o N u, y� 9 y S N :C,.... U01.10.10dJo3 o p aauiolu00 .0 7 0 cpuoJu� :g uO14OJodJoO s40npaid co o 0 Paalqo4Ja3 c eadoioyS o M ° -- '� 1 do O — yr yr <4. C3:....... Hpoomo1 o N Q Ge wa{sa/'ny4oN �„) co co. uS - N )� y'. 06001140 s? t? yr .4/),...:.. . .. d C_ 0. vp >MogJapunyl .0 ct. 0 .. ..........::::"..........i.:. CI 4/3. CO N $ g N II a eh ^ O 'y Vr vs. Vf 4 N •0 b .— 8 cNi .0co a N N N <I) V r--- CV V D;V = 8 8 ae LN z 2 (NIg N N o O C Oa a o O C } LLQ } o a z• U w 0C U 0 O o 5 o w 6 O 0 O C a-O 0 ` 0`0 0 O0 E 0 > O 0 O 00 0 0 } 9 0 7 N w 0 �v w O 0 C Q C c U N o d N N a 0 C 0 -S. O C >• • C p > 0 O ) o 0 C p C > C N73 O 0. C 0 O -a m `r 0 7 O 'd '0 2 0) O } O •0.;.; p a o ' O c a a, . o C• O H D O N G 2 m t a . 8 x tOi, v c >hi 2y _ o - m fl a E _ csi � E ;� 3 ° a 6 5 O � Q o) o W U) L U N N u+ 2 z EN 11111 1111 M 1111 — — — — 11111 — 11111 — — — — — E 111111 I 111 Alternative No. 3: Provide a municipal drainage system through Subwatershed MR 4 which will convey stormwater run-off generated from this watershed to the Minnesota River. This alternative would acquire the existing stormwater conveyance system located ' on CertainTeed property as a municipal system. In addition, the City would provide improvements to this stormwater conveyance system in order to accommodate increased flows from industrial development occurring south of 4th Avenue. The peak discharge rate from this system is estimated to be 55 cfs through the 36" CMP crossing located north of CertainTeed in the 100-year, 24- hour storm event. This alternative is shown in Figure 4. The hydrologic/hydraulic anal sis of this alternative included the following: 1 1. Subwatershed MR 3 accounts for approximately 58% of the total contributing drainage area to the outlet at Subwatershed MR 4. The 1 allowable peak discharge rate from Subwatershed MR 3 will be limited to approximately 31.9 cfs. 2. The stormwater storage required for the 100-year, 24-hour storm event is estimated at 32.2 acre-feet for Subwatershed MR 3. 3. The proposed 22.5 acre Scherer Brothers development accounts for ' approximately 8% of the total drainage area. The peak discharge rate allowable from the Scherer Brothers site will be approximately 4.5 cfs. 4. The peak discharge rate from the Scherer Brothers property would be approximately 36.4 cfs with 31.9 cfs being flow through from Subwatershed MR 3. 5. The proposed Scherer Brothers site would be required to provide approximately 6.5 acre-feet of stormwater storage. 6. The remainder of the 55 cfs discharge rate through the existing 36" CMP at the Chicago Northwestern Railway would be contributed by CertainTeed and In-Land Container Corporation. U7. The stormwater storage required within Subwatershed MR 4 is estimated to be 21.9 acre-feet for the 100-year, 24-hour storm event. ' 8. Subwatershed MR 5 with a peak discharge rate of 14 cfs would be required to store an estimated 12 acre-feet of stormwater in the 100-year, 24-hour ' storm event. The total stormwater storage required for this alternative in the 100-year, 24-hour storm event is estimated to be 72.6 acre-feet. The results of the hydrologic OSM Project No. 1775.74 Page 12 /hydraulic analysis are included in Appendix C. The cost to implement this alternative is estimated at $692,000. A breakdown of these costs along with the ' estimated assessments can be seen in Table 3. 1 I 1 I U I I OSM Project No. 1775.74 Page 13 I II / 14 cfs SCOTT COUNTY HISTORICAL SOCIETY INC. OWENS - ILLINOIS 55 cfs GLASS CO. 101 I 11111 4 cfsr 4: '''-' -,. POND SAN,, , . 12.0 ac-ft 1' � • POND 11111110611107- - I V R 5 SCHERER 54" RCP 66" RCP I BROS. POND ( 6.5 ac—ft) 21 .9 AC-FT THUNDERHAWK / V R 4 INLAND CON r27" SANITARY SEWER /' 36 " RCP CERTAINTEED PRODUCTS CORP. POND EASEMENT AVE. II JPO � W 30' RCP WRONSK[ °'� 1 31 .9 cfs II 'C�� P�yJ�o _ SANITARY SEWER 1�0 Ir PROPOSED POND IVI R 3 LOCATION EDWARD CHRISTIAN 32.2 ac-ft JOSEPH KOSKOVICH II il I I JACOBS REALITY I ( CANTERBURY ) 0 600 1200 ISCALE IN FEET Drawn By: Drawing Title Comm. No. li Sc I TAW nom:;:._ Orr helen ALIGNMENT OF 1775. 74 ='=' w Mayeron & Associates, Inc. Date: ALTERNATIVE #3 Figure Engineers• Architects • Planners • Surveyors I 6/29/1994 300 Park Place Center■ 5775 Wayzata Boulevard 4 Minneapolis,MN 55416-1226• 612-595-5775 r 13 I C W E E o W O 13O2Yd sad 1N3SS3SSV a31HW11S3 t m F- } m Wo WN U 5 a W a N Z M 0. N W aado�[o'US n ,� co N N Q Jo 40 U N N r ui N Q > M N N .n .yy N N Z it a mLO N < Q > M Q et ^ o• yolno�so){ o t c co co oc F w ydasof v N o N ccri 1— Z 03 Q 'Q ./Y t? ./► .A N y. W Q 0: H a, 0 W r )— m (AJngJa}uo3) o o ° ^ ^ °N` zQ CI Q $ o Q O A411oaj sg000f .0 10 .o r. .°-' in in F- V N 0C 2 IlaB o o v W V) We4SeMq4JON .- y ` N W 32 c2 Q o a N ^ N 7- 3 1- Q C Icv NILI N H 4? 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V NO Otf) N V O N �) O � ONV) V V (n V) ch V C ch c0 a) N O 0 0 to 4/> • 0 V)c+) ,-N N(A N v).c0 (AN o'-N N N (/) N O 20... be ir)U 0 N O 01 C4 01 N O N N cn o = co if) ^ N r a T C t >: LL Q Q LL LL LL Q LL Q LL LL Q LL Q >: >: o }O- a mU J W W J J J W J W U J _l W J W U U ' o -a a a C C m o o a. a o 7 oop pp aCCCo 0 U E M � � '' 00 a-2o m oo a Z ZL ZZZ 0 60o > o= ° ow L„ aaaa U - c - a ca L cc = Eas a < < < < p < a -0 dU .ca ach ch E0 z0NNN U Ca a C CD N2 p co co C c V O C 13 Tr0 a) & 'a aO O Tr 0. O O C E2 c °' -a o o0. m N c m a m• o ii) o m c a V ° .$o 0c3 o a ij E co ° E C3 ; c a E E • o a a) E t mN ° m ' m cE ` o ° c 0 H0 hotit v) C > ” mo w m E . UNU 0 m mL0 E 3 £ c >$ m m j QE coN r- ✓ 'om m r ° L c" 3 D 1 o. ,IS mT O L m a m G 2x3 if) W as > s V 0 33 o00J, o > cc E U N wO o o > W Z W U o WN M E 11111 N NE 10111 1111 - - - 11111 i P 11111 — N i M r ' Alternative No. 4: Allow CertainTeed to maintain and operate its current private drainage system located in Subwatershed MR 4 by providing an additional outlet ' through the Chicago Northwestern Railroad tracks directly north of the proposed Scherer Brothers development. This alternative would allow Certainteed to maintain its existing private stormwater drainage system in Subwatershed MR 4. This alternative would also provide an additional stormwater crossing under the VIP sanitary sewer line and ' the Chicago and Northwestern Railroad directly north of the proposed Pond #1 of the Scherer Brothers development. Stormwater would then be directed easterly through 48" RCP to the existing 36" RCP crossing under T.H. 101 directly north of CertainTeed Corporation. The hydrologic/hydraulic analysis of this alternative included the following: ' 1. Subwatershed MR 3 accounts for approximately 58% of the total contributing drainage area to the outlet at Subwatershed MR 4. The allowable peak discharge rate from Subwatershed MR 3 will be limited to approximately 31.9 cfs. 2. The stormwater storage required for the 100-year, 24-hour storm event is estimated at 32.2 acre-feet for Subwatershed MR 3. 3. The proposed 22.5 acre Scherer Brothers development accounts for approximately 8% of the total drainage area. The peak discharge rate allowable from the Scherer Brothers site will be approximately 4.5 cfs. 4. The peak discharge rate from the Scherer Brothers property would be ' approximately 36.4 cfs with 31.9 cfs being flow through from Subwatershed MR 3. 5. The proposed Scherer Brothers site would be required to provide approximately 6.5 acre-feet of stormwater storage. ' 6. The remainder of the allowable discharge rate at this crossing would be utilized by the CertainTeed and In-Land Container Companies. The total stormwater storage required for this alternative in the 100-year 24-hour storm event is estimated at 51 acre-feet. The results of the hydrologic/hydraulic analysis are included in Appendix D. ' The estimated cost to implement this alternative is estimated at $845,000. A breakdown of these costs and the estimated assessments can be seen on Table 4. 111 OSM Project No. 1775.74 Page 16 II i -----7_ 77 14 cfs V iSCOTT COUNTY HISTORICAL SOCIETY INC. RCP 55 cfs OWENS - ILLINOIS II 36 4 cfs GLASS CO. • 36. • 1 01 2-36 RCP rn-. 11- 11- 11. 1006 --111.111 --- 'allami. r * i POND ,," RCP _� Sq� 12.0 ac-ft POND I ARY =:**ttr„-. II111;iammiiiiiiiiiiimp,-- i V R 5 SCHERER I BROS. PRIVATE DITCH 1//s/ � THUNDERHAWK (6.5 ac-ft) INLAND CON- I ; V R z 27" SANITARY SEWER i CERTAINTEED PRODUCTS CORP. POND EASEMENT AVE. i I— �o oe*`.o m 0 30' R C P I WRONSKI ' i 31 .9 cfs SANITARY SEWER S i V R 3 PROPOSED POND LOCATION EDWARD CHRISTIAN 32.2 ac-ft 11 1 JOSEPH KOSKOVICH i i JACOBS REALITY ( CANTERBURY ) 0 600 1200 ISCALE IN FEET Drawn By: Drawing Title Comm. No. i TAW '. ___ Orr Schelen 1775.74 Mayeron ALIGNMENT OF Associates, Inc ALTERNATIVE 4 Figure # Fi ure Engineers• Architects • Planners . Surveyors I 6/29/1994 300 Park Place Center. 5775 Wayzata Boulevard 5 Minneapolis,MN 55418-1228■ 812-595-5775 71 oCX 3 13021`1d a3ll133N39 E E N W o m 213d 1N3WSS3SS`d a3lvWI1S3 a'9 z N Q ,2 g W N Z 0 _ P W Q Gado)1oyS �r) 1 °° ° °° M N >- ;O{}I0 nj M 0` V Q W W Q W H .d u, V, Q U > v yoino>lso>{ o r•-• 0 _ ^ '� ydesorco o v a F- Q m a) a3 � L 0 ^ Lr) N Z 2 J v P d (/ingJaluo3) o o S 47. ao S Q Q 3 /lJ,poad sg000r .0 ,o a '0 N N O 0 .is as �s .is '? vs O N cn c`) V C 2 11e0 O CO 00 W 0, wo4sarny} e JoN — .,, - , v r— N y tin ./Y tis QC W C G CX o ow co i-- Q � punp>lJofg'H � o o a' W 0.. 0 N c ' C .N/> N CO d J Zi I>JSUOJ/1/� o o a cs ./f CO 0014Slig3 "n ' CO ,., N P pJ0Mp3 �i r: a Ricsi as .is 40. .,s ./s yr f N aado>loyS o 0 0 .0 O `n -C do A /A 3 r pooJl!Od .it walsamy}JoN ./O) 0 �' to )$obooiyo cx c_ 'y 2 uoi4oJodJoo o CD JauiOi.uo3 0 0 0 0 3 puolul 0 V uol4oJodJo3 o s4onpoJdcO . paaluio4Jeo V aado�ogS o 0 0 0 CI) 10 AI3 _N a Auodwoo 03 o a o, ^ 3 Jagwni N e° C" ggl 9101,41.01g JeJayoS cV as N oe _ pooJIlod uJaaseMy4JoN o 0 0 0 Cl) 3 )g oOOo!y3 0 N icsi ^ M C o N *O Q >imoylepuny1 v N 8 .is .n .n ,,, 0. $ ^ u) p�y R n P i N- O. q0� E o 0 (.1a el i s • 7.°' aD N .is W pp po o p p0 OOON � I� oOCO0 6 � 85 0 0 V _p c0 N ^ — 0 O V v> N N IID N CO V 0. n Lcn N � o' c,5 NN S � v, PN t\ F 0 N N V)(1><1) (1>V> V) � � N O 0 U) N t 0 0 0 0 0 0 0 C .r 2: N cA LCD ,O c', V V CO CO ,7 CO c0 I� _ <1) C 0 V> co — v) N cn V> NN N V) .0 — N ='0 u> v> Kr> <> V)V>V> Z.. p oo Q p g C O N LL Q Q LL LL LL < LL < U. LL < LL < > 'o O ;...m., o J W W J J J W J W _I J W J W U 0 a C N C C O o j O O _ N ` Cr o-aaa C Q0 a Q U U U Q c •a 6 0 o c c c o o a E m > m o ° ° ° o a > 0 0 0 0 z c000c O °- C O O 00 a � a0i ij Q. O 2dad 2 Cavo °- c °- c w O L v a CD-C) 0 0 Q- v a a c Q c Q o c Q Q c c c Q c < ° 0 - - - - 0 COv 000 0000 �— vv vv `'' otoZ000 � 0 o a 0_ co CO N N N N CV N -) co CO V V d 0) a) U S O C c4 O E E D 0 0 O O -6 0 o L N m m N O 0 C m e m e o C 0 O O O o v 0 a) t m 3 3 c 0 N a E .a 'o o .am E a) E � a N m E CD—) 0 03N 0 0 E oma 000 y � c o • o > o O m 0 m E 0 0 o N 0 O el o o0 0 E a N m N Q >` .�... N N H v > v m E m m H ci CD 0 0 m _c W J • E .o a E n. E N E uu " ' a 0> E o 0 C w N Q O O O O C C O p Z W ❑ V W Q N U N O o a W U r- M r I — Imo. Nip E MINI — M In 1111 Mill 11111 11111 — MIMI E 11111 I IV. RECOMMENDED IMPROVEMENT ALTERNATIVE It is recommended that Alternative No. 3 be implemented to provide conveyance of stormwater run-off to the Minnesota River from Subwatersheds MR 3, MR 4, and MR 5. This alternative provides the most effective means of conveying stormwater run-off from Subwatershed MR 3 north under 4th Avenue outletting into the Minnesota River. This alternative is recommended for implementation for the following reasons: ► This alternative maintains the pre-development overland, overflow drainage patterns for the study area where Alternatives 1 and 2 alter the pre- "! development overland overflow drainage pattern. ► This alternative will provide rate control and treatment of all stormwater run-off directed to the Minnesota River from this study area in conformance with the City of Shakopee's Stormwater Management Plan. ► This alternative will eliminate existing drainage problems associated with the current under capacity of the CertainTeed stormwater conveyance system and provide CertainTeed with 100-year 24-hour storm event flood protection. ► This alternative is estimated to be $150,000 less expensive to implement than Alternative 4. It is recommended that the stormwater drainage system proposed for the Scherer Brothers development be upgraded to a 36" RCP at 0.10% from ponds labeled Pond No. 2 to Pond No. 1. It is also recommended that the NWL in Pond No. 1 and Pond No. 2 be set at 730.5 and 731.5 respectively. The storage available in Ponds No. 1 and No. 2 should be approximately 4.7 and 2.0 acre-feet respectively. This improvement alternative should take place with the development of this parcel by Scherer Brothers Lumber Company. The proposed ponding and improvements to the existing CertainTeed drainage system will be constructed as development occurs within Subwatershed MR 3. In addition, the stormwater storage recommended for Subwatershed MR 3 will be provided as development occurs within this subwatershed. In the same way, 1 stormwater storage will be provided within Subwatershed MR 5 as development occurs. The estimated cost to implement this alternative is estimated at $692,000. A breakdown of these costs, as well as the estimated assessments associated with this alternative can be seen on Table No. 4. I OSM Project No. 1775.74 Page 19 1 1 i 1 f APPENDIX A HYDROLOGIC / HYDRAULIC ANALYSIS OF ALTERNATIVE #1 1i 1 1 IData for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems WATERSHED ROUTING I A < A < U T ( )SUBCATCHMENT 111 REACH A POND LINK I 1 I I I I 1 i Data for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems RUNOFF BY SCS TR-20 METHOD: TYPE II 24-HOUR RAINFALL= 6 . 0 IN, SCS U.H. 1SUBCAT AREA Tc WGT'D PEAK Tpeak VOL NUMBER (ACRE) (MIN) --GROUND COVERS (%CN) -- CN C (CFS) (HRS) (AF) 1 3 155 . 00 69 . 0 100%82 - - - 82 - 296. 7 12 . 64 50 . 54 51 22. 50 20 . 0 100%89 - - - 89 - 105 . 8 12 . 02 8 . 32 I/ 52 50 . 50 30 . 0 100%89 - - - 89 - 189 . 4 12 . 16 18 . 76 11 11I I I I I r 1 1 t 11 I IData for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems POND ROUTING BY STOR-IND METHOD IIPOND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG 1 (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) 3 1 733 . 5 737 . 5 737 . 5 41. 41 296 . 7 9 . 4 97 695 . 0 II51 1 733 . 1 735 . 5 735 . 3 6. 76 106 . 2 10 . 9 90 706 . 9 52 1 730 . 0 734 . 0 732 . 9 15 . 71 193 . 6 14 . 1 93 708 . 3 I I 11 I I 1 I I I t 1 " Data for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 SUBCATCHMENT 3 DRAINAGE AREA SOUTH OF 4TH AVE. IACRES CN 155 . 00 82 SCS TR-20 METHOD 1 TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 296 . 7 CFS Q 12. 64 HRS VOLUME= 50 . 54 AF 1 Method Comment Tc (min) DIRECT ENTRY 69 . 0 ' SUBCATCHMENT 3 RUNOFF DRAINAGE AREA SOUTH OF 4TH AUE . 280 260 AREA= 155 AC 11 240 Tc= 69 MIN 220 CN= 82 200 160 SCS TR-20 METHOD " 140 TYPE II 24-HOUR 3 120 RAINFALL= 6 . 0 IN 00 L.L. 80 PEAK= 296 . 7 CFS 80 @ 12 . 64 HRS 40 UOLUME= 50 . 54 AF 20 ' em N 1- LID CO m N r lD CO m N N N N N rl TIME (hours) I I I IData for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 1 SUBCATCHMENT 51 PROPOSED SHERER BROTHERS SITE II ACRES CN 22. 50 89 SCS TR-20 METHOD ' TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 105 . 8 CFS @ 12 . 02 HRS VOLUME= 8 . 32 AF 'Method Comment Tc (min) DIRECT ENTRY 20 . 0 SUBCATCHMENT 51 RUNOFF PROPOSED SHERER BROTHERS SITE 100 - 9e AREA= 22. 5 AC 1 80 Tc= 20 MIN CN= 89 70 70 - `� 60 `u' SCS TR-20 METHOD 50 TYPE II 24-HOUR RAINFALL= 6 . 0 IN 3 o 40 - 1 30 - 20 PEAK= 105 . 8 CFS @ 12 .02 HRS UOLUME= 8 . 32 AF 10 ' em N lD OJ m N lD CO m N N N N N fl TIME (hours) 1 1 1 1 I IData for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 1 SUBCATCHMENT 52 REMAINDER OF SUBWATERSHED MR5 IIACRES CN 50 . 50 89 SCS TR-20 METHOD IITYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 189 . 4 CFS @ 12 . 16 HRS VOLUME= 18 . 76 AF 1 Method Comment Tc (min) DIRECT ENTRY 30 . 0 II SUBCATCHMENT 52 RUNOFF REMAINDER OF SUBWATERSHED MR5 1 AREA, 50 . 5 AC II 5060 Tc= 20 MIN .:. 30 CN= 89 i SCS TR-20 METHOD I �, TYPE II 24-HOUR 88 RAINFALL= 6 . 0 IN 0 70 _1 50 PEAK= 189 . 4 CFS 1 40 @ 12 . 16 HRS 20 VOLUME= 18 . 76 AF 10 _ 1 em N t0 M m N W M m N N N N N 17 TIME (hours) II 1 1 I i 1 II 1 iData for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 3 PONDING SOUTH OF 4TH AVENUE STARTING ELEV= 733 . 5 FT FLOOD ELEV= 737 . 5 FT 1 ELEVATION CUM.STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 737 . 5 FT 733 . 5 0 . 00 PEAK STORAGE = 41 . 41 AF II 737 . 5 41 . 50 Qin = 296 . 7 CFS Q 12 . 64 HRS Qout= 9 .4 CFS @ 24 . 22 HRS ATTEN= 97 % LAG= 695 . 0 MIN IIIN/OUT= 50 . 54 / 12 . 97 AF INVERT (FT) OUTLET DEVICES 733 . 5 15" CULVERT 11 n= . 012 L=80 ' S= . 001 ' / ' Ke= . 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 733 . 5 I 0 . 0 0 . 0 . 1 . 2 . 3 . 6 . 8 1 . 1 1 . 4 1 . 7 I734 . 5 I 2 . 1 2 . 5 2 . 8 3 . 2 3 . 5 3 . 8 4 . 0 4 . 1 4 . 5 4 . 8 735 . 5 I 5 . 1 5 . 4 5 . 7 6 . 0 6 . 2 6 . 5 6 . 7 6. 9 7 . 2 7 . 4 736 . 5 I 7 . 6 7 . 8 8 . 0 8 . 2 8 . 4 8 . 6 8 . 8 8 . 9 9 . 1 9 . 3 • 737 . 5 9 . 4 11 POND 3 INFLOW 8 OUTFLOW I PONDING SOUTH OF 4TH AVENUE 26a - p 260 - STOR-IND METHOD I 240 - PEAK ELEU= 737 . 5 FT 220 - PEAK STOR= 41 . 41 AF 200 - f u 160 - Qin= 296 . 7 CFS " 140 Qout= 9 . 4 CFS 120 LAG= 695 MIN 0 lee II � 80 - 60 - 40 - II 20 em N LO M m N d 0 CO m -- - -- NNNNNM II TIME (hours) II I 1 " Data for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 51 SHERER BROTHERS SITE " STARTING ELEV= 733 . 1 FT FLOOD ELEV= 735 . 5 FT IIELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 3 FT 733 . 1 0 . 00 PEAK STORAGE = 6 . 76 AF II 735 . 5 7 . 25 Qin = 106 . 2 CFS © 12 . 02 HRS Qout= 10 . 9 CFS Q 23 . 80 HRS ATTEN= 90 % LAG= 706 . 9 MIN IIIN/OUT= 21 . 30 / 15 . 08 AF INVERT (FT) OUTLET DEVICES 733 . 1 27" CULVERT IIn=. 012 L=1000 ' S=. 001 ' / ' Ke=. 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 733 . 1 1 0 . 0 0 . 0 . 1 . 2 . 4 . 7 1 . 0 1 . 3 1 . 7 2 . 2 II 734 . 1 1 2 . 7 3 . 3 3 . 8 4 . 5 5 . 1 5 . 8 6 . 5 7 . 2 7 . 9 8 . 6 735 . 1 1 9 . 3 10 . 0 10 . 7 11 . 3 11 . 9 I POND 51 INFLOW & OUTFLOW SHERER BROTHERS SITE II 100 90 STOR-IND METHOD PEAK ELEU= 735 . 3 FT 80 PEAK STOR= 6 . 76 AF 1 ^ 70 u 60 Qin= 106 . 2 CFS 50 Oout= 10 . 9 CFS LAG= 706 . 9 MIN II 0 40 30 20 � IIle - ----------__ __________-__ em N V LC) OD m N d' k.0 CO m --- -- -- N N N N N M II TIME (hours) " Data for SCHERER BROTHERS ALTERNATIVE #1 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 52 POND MR5 1 STARTING ELEV= 730 . 0 FT FLOOD ELEV= 734 . 0 FT 1 ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 732 . 9 FT 730 . 0 0 . 00 PEAK STORAGE = 15 . 71 AF I 734 . 0 21 . 50 Qin = 193 . 6 CFS @ 12 . 16 HRS Qout= 14 . 1 CFS @ 23 . 97 HRS ATTEN= 93 % LAG= 708 . 3 MIN IIIN/OUT= 33 . 85 / 19 . 54 AF INVERT (FT) OUTLET DEVICES 1 730 . 0 24" CULVERT n= . 012 L=200 ' S=. 001 ' / ' Ke= . 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION II FEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 730 . 0 I 0 . 0 0 . 0 . 1 . 2 .4 . 7 1 . 0 1 . 4 1 . 8 2 . 3 I731 . 0 I 2 . 8 3 . 4 4 . 0 4 . 6 5 . 3 6 . 0 6 . 7 7 . 4 8 . 1 8 . 9 732 . 0 I 9 . 6 10 . 3 10 . 9 11 . 5 12 . 0 12 . 4 12 . 6 12 . 6 13 . 3 13 . 9 733 . 0 I 14 . 5 15 . 1 15 . 7 16 . 3 16. 8 17 . 3 17 . 8 18 . 3 18 . 8 19 . 2 •1 734 . 0 19 . 7 POND 52 INFLOW & OUTFLOW I 190 POND MR5 18 7 STOR-IND METHOD 1 6 PEAK ELEU= 732 . 9 FT 14 PEAK STOR= 15 . 71 AF '+ 1 i Qin 193 . 6 CFS ' 1 1 10 1g Qout= 14 . 1 CFS LAG= 708 . 3 MIN o 7 I El_JR 4 Iem N o OD m N V tD CO m -- - - - N N N N N 19 II TIME (hours) I i 1 1 APPENDIX B HYDROLOGIC / HYDRAULIC ANALYSIS OF ALTERNATIVE #2 IData for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems i WATERSHED ROUTING 1 � AA 111111 1 OSUBCATCHMENT REACH A PDMND I i LINK 1 i 1 i 1 1 1 1 1 1 1 IData for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems RUNOFF BY SCS TR-20 METHOD: TYPE II 24-HOUR RAINFALL= 6 . 0 IN, SCS U.H. SUBCAT AREA Tc WGT'D PEAK Tpeak VOL NUMBER (ACRE) (MIN) --GROUND COVERS (%CN) -- CN C (CFS) (HRS) (AF) 1 3 155 . 00 69 . 0 100%82 - - - 82 - 296 . 7 12 . 64 50 . 54 5 50 . 50 30 . 0 100%89 - - - 89 - 189 . 4 12 . 16 18 . 76 1 1 1 1 1 1 1 1 1 1 1 I IIData for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 1 POND ROUTING BY STOR-IND METHOD IIPOND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) 3 1 733 . 5 736 . 1 735 . 9 40 . 58 296 . 7 10 . 6 96 581 . 8 1 5 1 730 . 0 734 . 0 732 . 9 14 . 95 189 . 7 14 . 0 93 657 . 4 I I I I 1 I I I Data for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HYdroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems I SUBCATCHMENT 3 DRAINAGE AREA SOUTH OF 4TH AVE. IACRES CN 155 . 00 82 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 296. 7 CFS @ 12 . 64 HRS VOLUME= 50 . 54 AF Method Comment Tc (min) DIRECT ENTRY 69 . 0 SUBCATCHMENT 3 RUNOFF DRAINAGE AREA SOUTH OF 4TH AUE . 280 262 AREA= 155 AC 240 Tc= 69 MIN 220 CN= 82 200 180 u 160 SCS TR-20 METHOD 140 TYPE II 24-HOUR 120 RAINFALL= 6 . 0 IN lee LL 80 PEAK= 296 . 7 CFS 60 0 12 . 64 HRS 40 UOLUME= 50. 54 AF 20 - em N LD CO m N LD CO m N N N N N P1 TIME (hours) I I i 1 I I 1 IIData for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 1 SUBCATCHMENT 5 REMAINDER OF SUBWATERSHED MR5 IACRES CN 50 . 50 89 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 189 . 4 CFS @ 12 . 16 HRS VOLUME= 18 . 76 AF ! Method Comment Tc (min) DIRECT ENTRY 30 . 0 r SUBCATCHMENT 5 RUNOFF REMAINDER OF SUBWATERSHED MR5 e 68 AREA= 58 . 5 AC 3a Tc= 38 MIN CN= 89 e0 SCS TR-28 METHOD .� TYPE II 24-HOUR 88 RAINFALL= 6 . 8 IN 0 570 8 PEAK= 189 . 4 CFS 40@ 12 . 16 HRS 28 VOLUME= 18. 76 AF 10 em N 0 CO m CV"-4- lD CO m N N N N TIME (hours) 11 I 11 I I I IIData for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 POND 3 PONDING SOUTH OF 4TH AVENUE STARTING ELEV= 733 . 5 FT FLOOD ELEV= 736 . 1 FT 11 ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 9 FT 723 . 5 0 . 00 PEAK STORAGE = 40 . 58 AF 1/ 736 . 1 43 . 50 Qin = 296 . 7 CFS @ 12 . 64 HRS Qout= 10 . 6 CFS 15 22 . 33 HRS ATTEN= 96 % LAG= 581 . 8 MIN IIIN/OUT= 50 . 54 / 14 . 33 AF INVERT (FT) OUTLET DEVICES II 733 . 5 21" CULVERT n=. 012 L=80 ' S=. 001 ' / ' Ke=. 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION 11 FEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 733 . 5 1 0 . 0 0 . 0 . 1 . 2 . 4 . 7 1 . 0 1 . 4 1 . 8 2 . 3 I734 . 5 1 2 . 8 3 . 3 3 . 9 4 . 5 5 . 1 5 . 8 6 . 4 7 . 1 7 . 7 8 . 3 735 . 5 1 8 . 9 9 . 4 9 . 8 10 . 0 10 . 4 11 . 1 11 . 8 12 . 4 POND 3 INFLOW & OUTFLOW PONDING SOUTH OF 4TH AVENUE 1/ 280 260 STOR-IND METHOD 240 PEAK ELEU= 735 . 9 FT 220 PEAK STOR= 40 . 58 AF 11 7) zee 180 Qin= 296 . 7 CFS u 160 Qout= 10 . 6 CFS 140 0 120 LAG= 581 . 8 MIN J 100 L 80 I 60 40 20 em N LO c m N d- lD CO m I - -- - N N N N N f17 TIME (hours) I II I I IIData for SCHERER BROTHERS ALTERNATIVE #2 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES, INC. 5 Jul 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 POND 5 POND MR5 tSTARTING ELEV= 730 . 0 FT FLOOD ELEV= 734 . 0 FT IIELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 732. 9 FT 730 . 0 0 . 00 PEAK STORAGE = 14 . 95 AF 734. 0 20 . 50 Qin = 189 . 7 CFS Q 12 . 16 HRS Qout= 14 . 0 CFS © 23 . 12 HRS ATTEN= 93 % LAG= 657 . 4 MIN IIIN/OUT= 33 . 09 / 19 . 58 AF INVERT (FT) OUTLET DEVICES I 730 . 0 24" CULVERT n= . 012 L=200 ' S=. 001 ' / ' Ke=. 5 Cc= . 9 Cd= . 6 TOTAL DISCHARGE vs ELEVATION 11 FEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 730 . 0 I 0 . 0 0 . 0 . 1 . 2 . 4 . 7 1 . 0 1 . 4 1 . 8 2 . 3 II731 . 0 I 2 . 8 3 . 4 4 . 0 4 . 6 5 . 3 6. 0 6 . 7 7 . 4 8 . 1 8 . 9 732 . 0 I 9 . 6 10 . 3 10 . 9 11 . 5 12 . 0 12 .4 12 . 6 12. 6 13 . 3 13 . 9 733 . 0 I 14 . 5 15 . 1 15 . 7 16 . 3 16 . 8 17 . 3 17 . 8 18 . 3 18 . 8 19 . 2 734 . 0 I 19 . 7 II POND 5 INFLOW & OUTFLOW ItPOND MR5 180 - 173 STOR-IND METHOD il 163 - PEAK ELEU= 732 . 9 FT 153 - 4 PEAK STOR= 14 . 95 AF II �+ 110 - Qin 189 . 7 CFS leo Qout= 14 . 0 CFS 90 - 80LAG= 657 . 4 MIN - 0 7011 - w 60 w 50O 11 20 � em N 71- LO OJ m N 71- LO CO m -- N N N N N Pi 1 TIME (hours) II II APPENDIX C HYDROLOGIC / HYDRAULIC ANALYSIS OF ALTERNATIVE #3 " Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems I REACH ROUTING BY STOR-IND METHOD " REACH BOTTOM SIDE PEAK TRAVEL PEAK NO. DIAM WIDTH DEPTH SLOPES n LENGTH SLOPE VEL. TIME Qout (IN) (FT) (FT) (FT/FT) (FT) (FT/FT) (FPS) (MIN) (CFS) 11 41 5 . 0 4 . 0 . 25 . 25 . 035 250 . 0015 2 . 4 1 . 8 118 . 6 11 44 - 5 . 0 4 . 0 . 25 . 25 . 035 180 . 0015 2 . 3 1 . 3 115 . 8 I 11 I I I 1' it I I I I 11 " Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems REACH ROUTING BY STOR-IND METHOD " REACH BOTTOM SIDE PEAK TRAVEL PEAK NO. DIAM WIDTH DEPTH SLOPES n LENGTH SLOPE VEL. TIME Qout (IN) (FT) (FT) (FT/FT) (FT) (FT/FT) (FPS) (MINI_ (CFS) 41 5 . 0 4 . 0 . 25 . 25 . 035 250 . 0015 2 . 4 1 . 8 118 . 6 11 44 - 5 . 0 4 . 0 . 25 . 25 . 035 180 . 0015 2 . 3 1 . 3 115 . 8 11 I I I I 1 it I I I I I I IIData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems I POND ROUTING BY STOR-IND METHOD POND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG I (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) 3 1 731 . 6 735 . 6 735 . 5 32. 40 296 . 7 31. 7 89 159 . 4 I5 1 730 . 0 734 . 0 732 . 2 12 . 02 189 . 4 14 . 0 93 102 . 7 41 1 730 . 5 735 . 5 734 . 2 2 . 54 87 . 8 37 . 2 58 22 . 0 11 42 1 731 . 5 735 . 5 735 . 8 1 . 29 32 . 9 32 . 5 1 49 . 8 I 43 1 733 . 4 735 . 5 734 . 7 . 50 15 . 7 5 . 2 67 21 . 3 44 1 727 . 7 732 . 0 732 . 6 . 01 118 . 6 118 . 5 0 . 1 II45 1 727 . 1 733 . 5 733 . 0 . 09 170 . 2 169 . 2 1 . 3 46 1 725 . 0 730 . 0 729 . 9 21 . 70 301 . 1 54 . 6 82 112 . 0 II47 1 733 . 0 737 . 0 735 . 7 1 . 23 26 . 7 1 . 5 94 88 . 2 I 1 I/ 11 II II I I II II IData for SCHERER BROTHERS ALTERNATIVE #3 5 Aug 94 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems SUBCATCHMENT 3 DRAINAGE AREA SOUTH OF 4TH AVE. IIACRES CN SCS TR-20 METHOD 155 . 00 82 TYPE II 24-HOUR li RAINFALL= 6 . 0 IN PEAK= 296 . 7 CFS @ 12 . 64 HRS VOLUME= 50 . 54 AF IITc (min) Method Comment DIRECT ENTRY 69 . 0 IISUBCATCHMENT 3 RUNOFF DRAINAGE AREA SOUTH OF 4TH AUE . II280 AREA= 155 AC 26069 Tc= MIN 11 240 CN=70 82 220 180 SCS TR-20 METHOD II u 160 TYPE II 24-HOUR " 140 RAINFALL= 6 .0 IN 3 120 100 PEAK= 296 . 7 CFS 80 @ 12 .64 HRS 60 40 UOLUME= 50 . 54 AF 20 II BN N 0 OD m N ct LU CO 0 N N N N N Cl TIME (hours) II I II $ II I II II " Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems I SUBCATCHMENT 41 PROPOSED SHERER BROTHERS SITE IIACRES CN 17 . 50 89 SCS TR-20 METHOD TYPE II 24-HOUR. RAINFALL= 6 . 0 IN PEAK= 82 . 3 CFS @ 12 . 02 HRS VOLUME= 6 . 47 AF 1Method Comment Tc (min) DIRECT ENTRY 20 . 0 SUBCATCHMENT 41 RUNOFF PROPOSED SHERER BROTHERS SITE 80 - 75 - AREA= 17 . 5 AC 70 _ �, Tc= 20 MIN I/ 65 - 60 CN= 89 55 - qe _ SCS TR-20 METHOD 40 TYPE II 24-HOUR 3 35 _ RAINFALL= 6 . 0 IN o 30 - 25 - PEAK= 82 . 3 CFS 10 - 0 - @ 12 . 02 HRS UOLU 15 ME= 6 . 47 AF 1 5 - em N tD CO m N lD CO m N N N N N F1 TIME (hours) 11 I I 11 I I 11 I IIData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II SUBCATCHMENT 42 SCHERER BROTHERS IIACRES CN 2 . 00 89 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 12 . 3 CFS @ 11 . 81 HRS VOLUME= . 73 AF IIMethod Comment Tc (min) DIRECT ENTRY 5 . 0 11 SUBCATCHMENT 42 RUNOFF SCHERER BROTHERS II 12 - 11 - 1 AREA= 2 AC I I l0 - Tc= 5 MIN 9 - CN= 89 '- 8 - (� 7 _ SCS TR-20 METHOD II J 6 - TYPE II 24-HOUR 3 5 RAINFALL= 6 . 0 IN of 4 - PEAK= 12 . 3 CFS ILL 3 @ 11 . 81 HRS 2 - VOLUME= . 73 AF II 1 -__) em N tO CO m Nr CO m N N - N N Pi TIME Chours) il II 11 II II II II II Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 5 Aug 94 HYdroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems SUBCATCHMENT 43 SCHERER BROTHERS IIACRES CN 3 . 00 89 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 15 . 7 CFS © 11 . 85 HRS VOLUME= 1 . 10 AF 1lMethod Comment Tc (min) DIRECT ENTRY 8 . 0 SUBCATCHMENT 43 RUNOFF SCHERER BROTHERS 15 - 14 - 1 AREA= 3 AC 13 -_ 11 - Tc= 8 MIN 11 12 CN= 89 70 10 - 9- SCS TR-20 METHOD .0 8 _ TYPE II 24-HOUR 7 RAINFALL= 6 . 0 IN 3 6 - _1 4 - PEAK= 15 . 7 CFS 3 - 0 11 . 85 HRS VOLUME= 1 . 10 AF em N 71' LO CO m N LID CO m N N N N N �l TIME (hours) I I I I I I rData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems SUBCATCHMENT 44 WEST SIDE OF CERTAINTEED PROPERTY ACRES CN 17 . 50 95 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6. 0 IN PEAK= 97 . 4 CFS @ 11 . 98 HRS VOLUME= 7 . 03 AF Method Comment Tc (min) DIRECT ENTRY 15 . 0 SUBCATCHMENT 44 RUNOFF 9g55 NEST SIDE OF CERTAINTEED PROPERTY 9e - AREA= 17 . 5 AC I !I:_ Tc= 15 MIN CN= 95 `*- SCS TR-20 METHOD qq TYPE II 24-HOUR 3 4 RAINFALL- 6 . 0 IN o E' _ PEAK= 97. 4 CFS @ 11 . 98 HRS 1 _ UOLUME= 7. 03 AF m N t lD N N N N N P1 TIME (hours) 11I I I 11 I I 11 IIData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems I SUBCATCHMENT 45 MIDDLE CERTAINTEED PROPERTY IIACRES CN 10 . 00 98 SCS TR-20 METHOD TYPE II 24-HOUR 11 RAINFALL= 6 . 0 IN PEAK= 56 . 8 CFS Q 11 . 97 HRS VOLUME= 4 . 12 AF IlMethod Comment Tc (min) DIRECT ENTRY 15 . 0 11 SUBCATCHMENT 45 RUNOFF MIDDLE CERTAINTEED PROPERTY I 55 - 50 - AREA= 10 AC 45 - Tc= 15 MIN r-. 40 CN= 98 35 SCS TR-22 METHOD 2530 - 25 - TYPE II 24-HOUR 3 25 RAINFALL= 6 .0 IN 0 20 - 15 - PEAK= 56. 8 CFS II LL 10 - @ 11 . 97 HRS UOLUME= 4 . 12 AF 5 - II em N 1- l0 CO m N 0 CO m N N N N N rl TIME (hours) II I I II II II I 1 IData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems i SUBCATCHMENT 46 CERTAINTEED IIACRES CN 55 . 50 89 SCS TR-20 METHOD 1 TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 179 . 7 CFS © 12 . 26 HRS VOLUME= 20 . 70 AF IMethod Comment Tc (min) DIRECT ENTRY 40 . 0 ' SUBCATCHMENT 46 RUNOFF CERTAINTEED 70 60 AREA= 55 . 5 AC 40 Tc= 40 MIN 20 CN= 89 00 5C5 TR-20 METHOD 90 TYPE II 24-HOUR 3 8e RAINFALL= 6 . 0 IN 60 w 50 PEAK= 179 . 7 CFS 40@ 12 . 26 HRS 20 VOLUME=- 20 . 70 AF 10 em __N V tD CO m lO CO N N N N N fT7 TIME (hours) I/ I I I I I I I IData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 5 Aug 94 SUBCATCHMENT 47 CERTAINTEED POND IIACRES CN 4. 70 98 SCS TR-20 METHOD ' TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 26. 7 CFS @ 11 . 97 HRS VOLUME= 1 . 93 AF II Method Comment DIRECT ENTRY Tc (min) 15 . 0 SUBCATCHMENT 47 RUNOFF CERTAINTEED POND 26 - 24 - 22 AREA= 4 . 7 AC 20 Tc= 15 MIN r-, 18 _ CN= 98 u 16 SCS TR-20 METHOD 14 - TYPE II 24-HOUR 0 12 RAINFALL= 6 . 0 IN 8 PEAK= 26 . 7 CFS @ 11 . 97 HRS 4 UOLUME= 1 . 93 AF 2 0 • 0 N lD CO m N N N N N N M TIME (hours) I I I I I I "' Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 5 Aug 94 I REACH 41 " DEPTH END AREA DISCH (FT) (SQ-FT) (CFS) 5 ' x 4 ' CHANNEL STOR-IND METHOD 0 . 0 0 . 0 0 . 0 SIDE SLOPE= . 25 ' /' MAX. DEPTH= 2 . 94 FT . 4 2. 6 2. 0 n= . 035 PEAK VELOCITY= 2. 4 FPS . 8 6. 6 7 . 4 LENGTH= 250 FT TRAVEL TIME = 1 . 8 MIN 1 . 2 11 . 8 16 . 5 SLOPE= . 0015 FT/FT Qin = 122. 0 CFS @ 12 . 00 HRS 1 . 7 20 . 4 35 . 0 Qout= 118. 6 CFS © 12 . 03 HRS 2 . 4 35 . 0 72 . 6 ATTEN= 3 % LAG= 1 . 4 MIN 3 . 2 57 . 0 139 . 3 IN/OUT= 47 . 95 / 47 . 89 AF 4. 0 84 . 0 234 . 5 REACH 41 INFLOW & OUTFLOW 120 110 5' x 4' CHANNEL 11 100 SIDE SLOPE= . 25 '/' 90 n=. 035 L=250' S= . 0015 80 70 STOR-IND METHOD 60 VELOCITY= 2. 4 FPS 0 50 TRAVEL= 1 . 8 MIN I/ 40 w 30 Qin 122 . 0 CFS 20 0.. - 118 . 6 CFS 10 LAG= em N r LD CO m N 7 tD CO m N N N N N Pi 11 TIME (hours) I I I I I I I Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 REACH 44 11 DEPTH END AREA DISCH (FT) (SQ-FT) (CFS) 5 ' x 4 ' CHANNEL STOR-IND METHOD 0 . 0 0 . 0 0 . 0 SIDE SLOPE= . 25 ' / ' MAX. DEPTH= 2 . 89 FT II . 4 2 . 6 2. 0 n= . 035 PEAK VELOCITY= 2 . 3 FPS . 8 6 . 6 7 . 4 LENGTH= 180 FT TRAVEL TIME = 1. 3 MIN 1 . 2 11 . 8 16. 5 SLOPE= . 0015 FT/FT Qin = 118 . 5 CFS @ 12 . 03 HRS II 1 . 7 20 . 4 35 . 0 Qout= 115 . 8 CFS @ 12 . 05 HRS 2 . 4 35 . 0 72 . 6 ATTEN= 2 % LAG= 1 . 2 MIN 3 . 2 57 . 0 139 . 3 IN/OUT= 47 . 89 / 47 . 84 AF I 4 . 0 84. 0 234 . 5 REACH 44 INFLOW & OUTFLOW II 116 5' x 4' CHANNEL II 100 90 SIDE SLOPE= 25 '/' n= . 035 L=180' 5= . 0015 - 80 I 70 60 STOR-IND METHOD VELOCITY= 2 . 3 FPS 56 TRAVEL= 1 . 3 MIN II ° 40 LL 30 Qin 118. 5 CFS to - 115. 8 CFS 20 LAG= u 1. I 10 60 N V LID OD m N .D OD m -- --- -- N N N N N ri I/ TIME (hours) II II II II I 11 II IData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 3 PONDING SOUTH OF 4TH AVENUE " STARTING ELEV= 731 . 6 FT FLOOD ELEV= 735 . 6 FT IIELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 5 FT 731 . 6 0 . 00 PEAK STORAGE = 32 . 40 AF II 735 . 6 33 . 00 Qin = 296. 7 CFS @ 12 . 64 HRS Qout= 31 . 7 CFS @ 15 . 30 HRS ATTEN= 89 % LAG= 159 . 4 MIN IIIN/OUT= 50 . 54 / 34 . 44 AF INVERT (FT) OUTLET DEVICES 731 . 6 30" CULVERT IIn=. 012 L=110 ' S=. 0009 ' / ' Ke=. 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 731 . 6 I 0 . 0 0 . 0 . 1 . 3 . 5 . 8 1 . 2 1 . 6 2 . 2 2. 8 II732 . 6 3 . 4 4 . 2 4 . 9 5 . 8 6 . 6 7 . 6 8 . 5 9 . 5 10 . 6 11 . 6 733 . 6 I 12 . 7 13 . 8 15 . 0 16 . 1 17 . 2 18 . 3 19 . 4 20 . 4 21 . 5 22. 4 734 . 6 23 . 3 24 . 1 24 . 7 25 . 0 25 . 6 26 . 9 28 . 1 29 . 2 30 . 3 31 . 4 735 . 6 I 32 . 4 II POND 3 INFLOIJ & OUTFLOW IIPONDING SOUTH OF 4TH AVENUE 280 260 STOR-IND METHOD II 242 PEAK ELEU= 735 . 5 FT 220 PEAK STOR= 32 . 40 AF r'. 203 11 4 180 80 Qin= 296 . 7 CFS 60 140 Qout= 31 . 7 CFS 123 LAG= 159 . 4 MIN II 0 lee Li_ 80 60 40 II3m N lD CO m N Ci' k.0 CO m -- - N N N N N r*1 I/ TIME (hours) II I IData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 5 POND MR5 STARTING ELEV= 730 . 0 FT FLOOD ELEV= 734 . 0 FT II ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 732 . 2 FT 730 . 0 0 . 00 PEAK STORAGE = 12 . 02 AF II 734 . 0 22 . 00 Qin = 189 . 4 CFS Q 12 . 16 HRS Qout= 14 . 0 CFS @ 13 . 87 HRS ATTEN= 93 % LAG= 102 . 7 MIN I IN/OUT= 18 . 76 / 13 . 59 AF INVERT (FT) OUTLET DEVICES 730 . 0 24" CULVERT 11 n=. 012 L=200 ' S=. 0035 ' / ' Ke=. 5 Cc= . 9 Cd= . 6 TOTAL DISCHARGE vs ELEVATION tFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 730 . 0 I 0 . 0 0 . 0 . 2 . 4 . 7 1 . 1 1 . 6 2 . 1 2 . 7 3 . 4 731 . 0 I 4 . 1 4 . 8 5 . 6 6 . 5 7 . 3 8 . 2 9 . 1 10 . 0 10 . 8 11 . 7 II732 . 0 12 . 5 13 . 3 14 . 1 14 . 7 15 . 3 15 . 7 15 . 9 15 . 7 16 . 3 16 . 8 733 . 0 17 . 3 17 . 8 18 . 3 18 . 8 19 . 2 19 . 7 20 . 1 20 . 6 21 . 0 21 . 4 734 . 0 21 . 8 11 POND 5 INFLOLJ & OUTFLOW POND MR5 II 92 STOR-IND METHOD 60 II 58 PEAK ELEU= 732 . 2 FT �0 PEAK STOR= 12 . 82 AF 20 �+ l80 Qin= 189 . 4 CFS II Qout= 14 . 0 CFS g0 LAG= 102 . 7 MIN 0 70 60 1 50 3 20 10 II em N LD CO m NN LD CO m N N N N N m II TIME (hours) i 11 0. IData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems ' POND 41 SHERER BROTHERS POND #1 ,STARTING ELEV= 730 . 5 FT FLOOD ELEV= 735 . 5 FT I ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 734 . 2 FT 730 . 5 0 . 00 PEAK STORAGE = 2 . 54 AF II 734. 0 2 . 20 Qin = 87 . 8 CFS @ 12 . 02 HRS 735 . 5 4 . 70 Qout= 37 . 2 CFS @ 12 . 39 HRS ATTEN= 58 % LAG= 22. 0 MIN IN/OUT= 42 . 10 / 40 . 92 AF I/ INVERT (FT) OUTLET DEVICES 730 . 5 36" CULVERT 11 n=. 012 L=300 ' S=. 0015 ' /' Ke= . 5 Cc= . 9 Cd= . 6 TOTAL DISCHARGE vs ELEVATION 11 FEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 730 . 5 0 . 0 0 . 0 . 1 . 3 . 6 1 . 0 1 . 4 2 . 0 2 . 6 3 . 3 731 . 5 4 . 1 4 . 9 5 . 8 6 . 8 7 . 8 8 . 9 10 . 1 11 . 3 12 . 5 13 . 8 II732 . 5 15 . 1 16 . 5 17 . 9 19 . 3 20 . 7 22 . 1 23 . 5 25 . 0 26 . 4 27 . 8 733 . 5 29 . 2 30 . 5 31 . 8 33 . 1 34 . 3 35 . 4 36 . 3 37 . 2 37 . 8 38 . 1 734 . 5 37 . 4 38 . 6 39 . 9 41 . 1 42 . 2 43 . 3 44 . 4 45 . 5 46 . 6 47 . 6 II735 . 5 48 . 6 POND 41 INFLOW & OUTFLOW IISHERER BROTHERS POND #1 85 80 STOR-IND METHOD II 78 PEAK ELEU= 734 . 2 FT 65 PEAK STOR= 2 . 54 AF 68 I 55 Qin= 87 . 8 CFS 58 45 Qout= 37 . 2 CFS 48 LAG= 22 MIN 35 II c 30 28 15 1 1II 5 em N V tD CO m N I- tD CO m N N N N N M I/ TIME (hours) II II I Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 5 Aug 94 II POND 42 SCHERER BROTHERS POND #2 IISTARTING ELEV= 731 . 5 FT FLOOD ELEV= 735 . 5 FT I ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 8 FT 731 . 5 0 . 00 PEAK STORAGE = 1 . 29 AF II 735 . 5 1 . 20 Qin = 32 . 9 CFS © 14 . 99 HRS Qout= 32 . 5 CFS © 15 . 82 HRS ATTEN= 1 % LAG= 49 . 8 MIN I IN/OUT= 36. 23 / 35 . 63 AF INVERT (FT) OUTLET DEVICES II0 . 0 36" RCP AT 0 . 10% ELEV(FT) DISCH (CFS) 731 . 5 0 . 0 732 . 5 3 . 3 11 733 . 5 12 . 6 734 . 5 24 . 2 735 . 5 30 . 6 I 736 . 5 35 . 9 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 731 . 5 0 . 0 . 3 . 7 1 . 0 1 . 3 1 . 7 2 . 0 2. 3 2 . 6 3 . 0 732 . 5 3 . 3 4 . 2 5 . 2 6 . 1 7 . 0 8 . 0 8 . 9 9 . 8 10 . 7 11 . 7 II733 . 5 I 12 . 6 13 . 8 14 . 9 16. 1 17 . 2 18 . 4 19 . 6 20 . 7 21 . 9 23 . 0 734 . 5 24 . 2 24 . 8 25 . 5 26 . 1 26 . 8 27 . 4 28 . 0 28 . 7 29 . 3 30 . 0 735 . 5 30 . 6 IIPOND 42 INFLOW 8, OUTFLOW SCHERER BROTHERS POND #2 II 32 28 STOR-IND METHOD 26 AK ELEU= 735 .8 FT II :24 ^ 22 P .TOR= 1 . 29 AF 02e u 18 Qin= . 9 CFS II 16 Qout= 32 CFS 14 0 12 LAG= 49. 8 N -' 10 8 II 4 I; 2 ' I em .....'N r LO Co m N Cr LO CO 0 N N N N N r7 TIME (hours) II1 IIData for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 43 SCHERER BROTHERS POND #3 " STARTING ELEV= 733 . 4 FT FLOOD ELEV= 735 . 5 FT 1 ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 734 . 7 FT 733 . 4 0 . 00 PEAK STORAGE = . 50 AF I 735 . 5 . 80 Qin = 15 . 7 CFS @ 11 . 85 HRS Qout= 5 . 2 CFS @ 12 . 20 HRS ATTEN= 67 % LAG= 21 . 3 MIN IIIN/OUT= 1 . 10 / 1 . 06 AF INVERT (FT) OUTLET DEVICES 733 . 4 21" CULVERT IIn=. 012 L=120 ' S=. 0025 ' / ' Ke= . 5 Cc= . 9 Cd= . 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 733 . 4 1 0 . 0 0 . 0 . 1 . 3 . 6 . 9 1 . 2 1 . 7 2 . 2 2 . 7 734 . 4 1 3 . 3 3 . 9 4 . 5 5 . 1 5 . 8 6 . 5 7 . 2 7 . 8 8 . 5 9 . 1 II 735 . 4 1 9 . 6 10 . 1 10 . 5 1 POND 43 INFLOIJ & OUTFLOW SCHERER BROTHERS POND #3 15 - 1 II 14 - STOR-IND METHOD 13 PEAK ELEU= 734 . 7 FT 12 1 1 - PEAK STOR= . 58 AF II 70 10 - '-4- 9 - Qin= 1 5 . 7 CFS 8 Qout= 5 . 2 CFS 7 LAG= 21 . 3 MIN I 3 6 0 4 3 em N 1- 0 m m N 1 to w u COC9 --- --- N N N N N f'-7 IITIME (hours) II II I " Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 5 Aug 94 HydroCAD 3 . 02 000640 Cc) 1986-1992 Applied Microcomputer Systems POND 44 WEASTERN MOST CULVERT CROSSING @ RR SPUR " STARTING ELEV= 727 . 7 FT FLOOD ELEV= 732 . 0 FT II ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) ._, PEAK ELEVATION= 732 . 6 FT 727 . 7 0 . 00 PEAK STORAGE = . 01 AF I 732 . 0 . 01 Qin = 118 . 6 CFS @ 12 . 03 HRS Qout= 118 . 5 CFS @ 12 . 03 HRS ATTEN= 0 % LAG= . 1 MIN IIIN/OUT= 47 . 89 / 47 . 89 AF INVERT (FT) OUTLET DEVICES 727 . 7 60" CULVERT 11 n=. 012 L=100 ' S= . 003 ' /' Ke= . 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION 1 FEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 727 . 7 I 0 . 0 . 1 . 2 . 6 1 . 1 1 . 7 2 . 4 3 . 3 4 . 3 5 . 5 728 . 7 I 6 . 7 8 . 1 9 . 6 11 . 2 12 . 9 14 . 6 16 . 5 18 . 5 20 . 6 22 . 8 II729 . 7 I 25 . 0 27 . 4 29 . 8 32 . 3 34 . 9 37 . 6 40 . 3 43 . 1 46 . 0 48 . 9 730 . 7 I 51 . 9 55 . 0 58 . 1 61 . 2 64 . 5 67 . 7 71 . 0 74 . 4 77 . 7 81 . 1 731 . 7 I 84 . 6 88 . 0 91 . 5 95 . 0 II POND 44 INFLOLJ & OUTFLOW WEASTERN MOST CULVERT CROSSING e RR SPUR II 110 STOR-IND METHOD 100 - I 90 PEAK ELEV= 732 .6 FT PEAK STOR= 01 AF 80 - c_ 70 - Oin= 118 . 6 CFS I ,� 60 Qout= 118 . 5 CFS 3 5g _ LAG= . 1 MIN of 4M- II 20 - 1M - I Mm N lD CO m N 'Kt l0 CO m N N N N N r-i II TIME (hours) II I II " Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 POND 45 EASTERN RAILROAD SPUR CROSSING " STARTING ELEV= 727 . 1 FT FLOOD ELEV= 733 . 5 FT II ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 733 . 0 FT 727 . 1 0 . 00 PEAK STORAGE = . 09 AF II 733 . 5 . 10 Qin = 170 . 2 CFS @ 12 . 02 HRS Qout= 169 . 2 CFS Q 12. 02 HRS ATTEN= 1 % LAG= . 3 MIN 11 IN/OUT= 51 . 96 / 51 . 94 AF INVERT (FT) OUTLET DEVICES 727 . 1 66" CULVERT IIn=. 012 L=120 ' S= . 003 ' / ' Ke=. 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 727 . 1 0 . 0 . 1 . 3 . 6 1 . 1 1 . 8 2 . 6 3 . 5 4 . 6 5 . 8 728 . 1 7 . 2 8 . 7 10 . 2 11 . 9 13 . 8 15 . 7 17 . 7 19 . 9 22 . 1 24 . 5 II729 . 1 26 . 9 29 . 5 32 . 1 34 . 8 37 . 6 40 . 5 43 . 5 46 . 5 49 . 7 52 . 9 730 . 1 56 . 2 59 . 5 62 . 9 66 . 4 69 . 9 73 . 5 77 . 2 80 . 9 84 . 6 88 . 4 731 . 1 92 . 3 96 . 1 100 . 1 104 . 0 108 . 0 112 . 0 116 . 0 120 . 0 124 . 1 128 . 2 II732 . 1 132 . 2 136 . 3 140 . 3 144 . 4 148 . 4 152 . 4 156 . 4 160 . 4 164 . 3 168. 2 733 . 1 172 . 0 175 . 7 179 . 4 183 . 0 186 . 5 I POND 45 INFLOW & OUTFLOW EASTERN RAILROAD SPUR CROSSING 70 50 - STOR-IND METHOD 40 - PEAK ELEU= 733 FT 30 - PEAK STOR= 09 AF I 20 - 7 10 - 22 - Qin= 170 . 2 CFS ,J 90 - Qout= 169 . 2 CFS I82 - LAG= 3 MIN 050 - 6e - u_ II 82 40 - 30 - 20 10 em N 'V LO CO m N 'c7' l0 CO m II - - N N N N NM TIME (hours) II I 1 I Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 POND 46 PROPOSED DITCH THROUGH CERTAINTEED , STARTING ELEV= 725 . 0 FT FLOOD ELEV= 730 . 0 FT II ELEVATION CUM.STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 729 . 9 FT 725 . 0 0 . 00 PEAK STORAGE = 21 . 70 AF 1 730 . 0 22 . 00 Qin = 301 . 1 CFS @ 12 . 14 HRS Qout= 54 . 6 CFS @ 14 . 01 HRS ATTEN= 82 % LAG= 112 . 0 MIN IIIN/OUT= 74 . 29 / 64 . 29 AF INVERT (FT) OUTLET DEVICES 725 . 0 36" CULVERT IIn=. 024 L=50 ' S= . 012 ' / ' Ke= . 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION iFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 725 . 0 0 . 0 0 . 0 . 2 . 4 . 8 1 . 3 1 . 9 2 . 5 3 . 3 4 . 2 II726 . 0 5 . 1 6 . 1 7 . 2 8 . 4 9 . 6 10 . 9 12 . 2 13 . 6 15 . 0 16 . 5 727 . 0 18 . 0 19 . 5 21 . 1 22 . 7 24 . 3 25 . 9 27 . 5 29 . 1 30 . 7 32 . 3 728 . 0 33 . 8 35 . 3 36 . 8 38 . 2 39 . 5 40 . 8 41 . 9 42 . 9 43 . 6 44 . 1 729 . 0 43 . 4 44 . 8 46 . 1 47 . 3 48 . 6 49 . 8 50 . 9 52. 1 53 . 2 54 . 3 li 730 . 0 55 . 4 II POND 46 INFLOW & OUTFLOW PROPOSED DITCH THROUGH CERTAINTEED 280 - II 80 - 260 - STOR-IND METHOD 240 PEAK ELEU= 729 . 9 FT 220 - PEAK STOR= 21 . 70 AF ' � zee - 4 1 80 Q i n= 301 . 1 CFS u 160 Qout= 54 . 6 CFS 140 - LAG= 112 MIN 12e - II o lee 11- ee 60 - II 20 / _---- em N Cr LD CO m N 'Kt LO CO m -- - -- N N N N N I-9 II TIME Chours) 1 I I Data for SCHERER BROTHERS ALTERNATIVE #3 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 5 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 1 POND 47 CERTAINTEED POND " STARTING ELEV= 733 . 0 FT FLOOD ELEV= 737 . 0 FT IIELEVATION CUM.STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 7 FT 733 . 0 0 . 00 PEAK STORAGE = 1 . 23 AF 1 737 . 0 1 . 80 Qin = 26 . 7 CFS @ 11 . 97 HRS Qout= 1 . 5 CFS @ 13 . 44 HRS ATTEN= 94 % LAG= 88 . 2 MIN IIIN/OUT= 1 . 93 / 1 . 65 AF INVERT (FT) OUTLET DEVICES 733 . 0 6" CULVERT IIn= . 01 L=20 ' S=. 001 ' / ' Ke=. 5 Cc=. 9 Cd= . 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 733 . 0 I 0 . 0 0 . 0 . 1 . 1 . 2 . 3 . 4 . 5 . 6 . 7 II734 . 0 I . 7 . 8 . 9 . 9 1 . 0 1 . 0 1 . 1 1 . 1 1 . 2 1 . 2 735 . 0 I 1 . 2 1 . 3 1 . 3 1 . 4 1 . 4 1 . 4 1 . 4 1 . 5 1 . 5 1 . 5 736 . 0 I 1 . 6 1 . 6 1 . 6 1 . 7 1 . 7 1 . 7 1 . 7 1 . 8 1 . 8 1 . 8 737 . 0 I 1 . 8 II POND 47 INFLOW & OUTFLOW CERTAINTEED POND II26 - 24 - STOR-IND METHOD II 22 - PEAK ELEU= 735 . 7 FT 20 PEAK STOR= 1 . 23 AF ,-, 18 - c} 16 - Qin= 26 . 7 CFS I u 14 Qout= 1 . 5 CFS 12 - LAG= 88 . 2 MIN 0 10 - I II _i 8 L21 :----').. 1 i em N LID CO m N V tD CO m N N N N N 71 II TIME (hours) 1 III I 1 e s APPENDIX D ' HYDROLOGIC / HYDRAULIC ANALYSIS OF ALTERNATIVE #4 " Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems WATERSHED ROUTING i A\<--(41) ^ n 0 K43) 43 42 < (42) 1 a T 1 O ( )SUBCATCHMENT I REACH A POND 2 LINK I I I I 1 I 1 I IData for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems RUNOFF BY SCS TR-20 METHOD: TYPE II 24-HOUR RAINFALL= 6 . 0 IN, SCS U.H. SUBCAT AREA Tc WGT' D PEAK Tpeak VOL NUMBER (ACRE) (MIN) --GROUND COVERS (%CN) -- CN C (CFS) (HRS) (AF) I/ 3 155 . 00 69 . 0 100%82 - - - 82 - 296 . 7 12 . 64 50 . 54 5 50 . 50 30 . 0 100%89 - - - 89 - 189 .4 12 . 16 18 . 76 1 41 17 . 50 20 . 0 100%89 - - - 89 - 82 . 3 12 . 02 6 . 47 I42 2 . 00 5 . 0 100%89 - - - 89 - 12 . 3 11 . 81 . 73 43 3 . 00 8 . 0 100%89 - - - 89 - 15 . 7 11 . 85 1 . 10 1 1 1 1 I I I I I I/ 1 IData for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 11 POND ROUTING BY STOR-IND METHOD 11 POND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) I 3 1 731 . 0 735 . 0 734 . 9 32 . 37 296 . 7 31. 7 89 159 . 0 1 5 1 730 . 0 734 . 0 732 . 2 12 . 02 189 . 4 14 . 0 93 102 . 7 41 1 730 . 5 735 . 5 735 . 7 4 . 97 87 . 8 30 . 9 65 422 . 3 1 42 1 731 . 5 735 . 5 735 . 8 1 . 30 33 . 0 32 . 6 1 49 . 9 43 1 733 . 4 735 . 5 734 . 7 . 50 15 . 7 5 . 2 67 21 . 3 11 11 II II I I I I II I II I 1 Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems SUBCATCHMENT 3 DRAINAGE AREA SOUTH OF 4TH AVE. 1 ACRES CN 155 . 00 82 SCS TR-20 METHOD 11 TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 296 . 7 CFS @ 12 . 64 HRS VOLUME= 50 . 54 AF " Method Comment Tc (min) DIRECT ENTRY 69 . 0 SUBCATCHMENT 3 RUNOFF DRAINAGE AREA SOUTH OF 4TH AVE . II280 260 AREA= 155 AC ' 240 Tc= 69 MIN 220 CN= 82 200 L.) 160 SCS TR-20 METHOD t 140 TYPE II 24-HOUR 120 RAINFALL= 6 .0 IN 0 100 1 a_ 80 PEAK= 296 . 7 CFS 60 G 12 . 64 HRS 40 VOLUME= 50 . 54 AF 20 11 em N V lD OD m N lD CO m N N N N N f'"1 TIME (hours) 11 1 1 1 1 i 1 1 " Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems SUBCATCHMENT 5 REMAINDER OF SUBWATERSHED MR5 IACRES CN 50 . 50 89 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 189 . 4 CFS @ 12 . 16 HRS VOLUME= 18 . 76 AF II Method Comment Tc (min) DIRECT ENTRY 30 . 0 SUBCATCHMENT 5 RUNOFF REMAINDER OF SUBWATERSHED MR5 I8 6� AREA= 50 . 5 AC 50 Tc= 30 MIN 30 CN= 89 1 88 SCS TR-20 METHOD TYPE II 24-HOUR ge RAINFALL= 6 . 0 IN O70 58 PEAK= 189 . 4 CFS 40e 12 . 16 HRS 20 jOLUMEI8 . 7GF 10 ' 0m N V uD CO m N LD CO m N N N N N f*7 TIME (hours) 1 I I 1 I I IData for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II SUBCATCHMENT 41 PROPOSED SHERER BROTHERS SITE 1 ACRES CN 17 . 50 89 SCS TR-20 METHOD IITYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 82 . 3 CFS Q 12 . 02 HRS VOLUME= 6 . 47 AF 11 Method Comment Tc (min) DIRECT ENTRY 20 . 0 11 SUBCATCHMENT 41 RUNOFF PROPOSED SHERER BROTHERS SITE I 88 75 1 AREA= 17 . 5 AC 75 Tc= 28 MIN 5 60 CN= 89 55 u 4e SCS TR-20 METHOD II 4E3 TYPE II 24-HOUR 3 35 II 6RAINFALL= 6 . 8 IN o 30 2525 PEAK= 82 . 3 CFS 15 @ 12 . 82 HRS 18 VOLUME= 6 . 47 AF 5 II em N lD M m N 4 0 M m N N N N N M IITIME (hours) II I 11 I II II " Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems SUBCATCHMENT 42 AREA TRIB. TO SCHERER BROS . POND 2 IACRES CN 2 . 00 89 SCS TR-20 METHOD ' TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 12 . 3 CFS © 11 . 81 HRS VOLUME= . 73 AF I Method Comment Tc (min) DIRECT ENTRY 5 . 0 1 SUBCATCHMENT 42 RUNOFF AREA TRIB . TO SCHERER BROS . POND 2 12 - 11 - AREA= 2 AC 10 - Tc= 5 MIN 9 - CN= 89 7) 8 7 _ SCS TR-20 METHOD ' 6 _ TYPE II 24-HOUR 5 _ RAINFALL= 6 . 0 IN 4 PEAK= 12 . 3 CFS 3 @ 11 . 81 HRS 2 UOLUME= . 73 AF 1 m N 71- 0 CO m N lD CO m N N N N N M TIME (hours) 1 1 1 1 1 1 i IIData for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems 1 SUBCATCHMENT 43 SCHERER BROS. DRAINAGE AREA TRIB. TO POND 1 ACRES CN 3 . 00 89 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 6 . 0 IN PEAK= 15 . 7 CFS @ 11 . 85 HRS VOLUME= 1 . 10 AF IIMethod Comment Tc (min) DIRECT ENTRY 8 . 0 SUBCATCHMENT 43 RUNOFF SCHERER BROS DRAINAGE AREA TRIB . TO POND 1 15 - 1 AREA= 3 AC 13 _ Tc= 8 MIN 12 1 1 - CN= 89 70 10 - 9 - SCS TR-20 METHOD 8 - TYPE II 24-HOUR 6 - RAINFALL= 6 . 0 IN 5 PEAK= 15 . 7 CFS ' 33 - 8 11 . 85 HRS 2 VOLUME= 1 . 10 AF 1 am N v in CO m N in CO m N N N N N (T] TIME (hours) 1 I 1 1 I 1 I 11 Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 3 PONDING SOUTH OF 4TH AVENUE " STARTING ELEV= 731 . 0 FT FLOOD ELEV= 735 . 0 FT I ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 734 . 9 FT 731 . 0 0 . 00 PEAK STORAGE = 32 . 37 AF II735 . 0 33 . 00 Qin = 296 . 7 CFS @ 12 . 64 HRS Qout= 31 . 7 CFS @ 15 . 29 HRS ATTEN= 89 % LAG= 159 . 0 MIN 11 IN/OUT= 50 . 54 / 34 . 53 AF INVERT (FT) OUTLET DEVICES 1 731 . 0 30" CULVERT IIn=. 012 L=110 ' S=. 001 ' / ' Ke= . 5 Cc=. 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION 1 FEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 731 . 0 I 0 . 0 0 . 0 . 1 . 3 . 5 . 8 1 . 2 1 . 7 2 . 2 2. 8 II732 . 0 3 . 5 4 . 2 5 . 0 5 . 8 6 . 7 7 . 7 8 . 6 9 . 6 10 . 7 11 . 8 733 . 0 I 12 . 9 14 . 0 15 . 1 16 . 2 17 . 3 18 . 4 19 . 5 20 . 6 21 . 6 22 . 6 734 . 0 23 . 4 24 . 2 24 . 8 25 . 1 25 . 8 27 . 0 28 . 2 29 . 3 30 . 4 31 . 5 735 . 0 I 32 . 5 II POND 3 INFLOW & OUTFLOW IPONDING SOUTH OF 4TH AVENUE 280 260 STOR-IND METHOD I 240 PEAK ELEU= 734 . 9 FT 220 PEAK STOR= 32 . 37 AF r, 200 180 II u 160 Qin= 296 . 7 CFS 140 Qout= 31 . 7 CFS 120 LAG= 159 MIN II 0 lee 80 60 40 20 --_ ....._--- - - --- ---.... -_--___ II em N 71' LD CO m N V lD CO m N N N N N ri II TIME (hours) I 11 IIData for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 5 POND MR5 STARTING ELEV= 730 . 0 FT FLOOD ELEV= 734 . 0 FT IIELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 732 . 2 FT 730 . 0 0 . 00 PEAK STORAGE = 12 . 02 AF I 734 . 0 22 . 00 Qin = 189 .4 CFS IP 12 . 16 HRS Qout= 14 . 0 CFS @ 13 . 87 HRS ATTEN= 93 % LAG= 102 . 7 MIN IIIN/OUT= 18 . 76 / 13 . 59 AF INVERT (FT) OUTLET DEVICES 730 . 0 24" CULVERT IIn=. 012 L=200 ' S=. 0035 ' / ' Ke=. 5 Cc=. 9 Cd= . 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 730 . 0 I 0 . 0 0 . 0 . 2 . 4 . 7 1 . 1 1 . 6 2 . 1 2 . 7 3 . 4 II731 . 0 I 4 . 1 4 . 8 5 . 6 6 . 5 7 . 3 8 . 2 9 . 1 10 . 0 10 . 8 11 . 7 732 . 0 I 12 . 5 13 . 3 14 . 1 14 . 7 15 . 3 15 . 7 15 . 9 15 . 7 16 . 3 16 . 8 733 . 0 I 17 . 3 17 . 8 18 . 3 18 . 8 19 . 2 19 . 7 20 . 1 20 . 6 21 . 0 21 . 4 734 . 0 I 21 . 8 II POND 5 INFLOIJ & OUTFLOW II POND MR5 STOR-IND METHOD 60 I 40 PEAK ELEU= 732 . 2 FT Oe PEAK STOR= 12 . 02 AF 90 Qin 189 . 4 CFS lQout= 14 . 0 CFS 80 LAG= 102 . 7 MIN II 0 60 w 50 2e am N V' tD CO m 4 LO CO m -- - N N N N N I9 IITIME (hours) 1 II IIData for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems II POND 41 SCHERER BROTHERS SITE 1 STARTING ELEV= 730 . 5 FT FLOOD ELEV= 735 . 5 FT I ELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 7 FT 730 . 5 0 . 00 PEAK STORAGE = 4 . 97 AF I 734 . 0 2 . 20 Qin = 87 . 8 CFS © 12 . 02 HRS 735 . 5 4 . 70 Qout= 30 . 9 CFS @ 19 . 06 HRS ATTEN= 65 % LAG= 422. 3 MIN IIIN/OUT= 42 . 19 / 40 . 93 AF INVERT (FT) OUTLET DEVICES 730 . 5 24" CULVERT IIn= . 012 L=80 ' S=. 04 ' / ' Ke=. 5 Cc= . 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 730 . 5 0 . 0 . 1 . 2 . 6 1 . 0 1 . 5 2 . 1 2 . 8 3 . 6 4 . 4 I 731 . 5 5 . 3 6 . 3 7 . 3 8 . 4 9 . 5 10 . 5 11 . 6 12 . 6 13 . 6 14 . 5 732 . 5 15 . 1 15 . 9 16 . 6 17 . 2 17 . 9 18 . 5 19 . 1 19 . 7 20 . 3 20 . 8 733 . 5 21 . 4 21 . 9 22 . 4 22 . 9 23 . 4 23 . 9 24 . 4 24 . 8 25 . 3 25 . 7 734 . 5 26 . 2 26 . 6 27 . 0 27 . 5 27 . 9 28 . 3 28 . 7 29 . 1 29 . 5 29 . 9 II735 . 5 30 . 2 11 POND 41 INFLOW & OUTFLOW SCHERER BROTHERS SITE 85 ' 80 72 STOR-IND METHOD PEAK ELEU= 735 . 7 FT 6065 PEAK STOR= 4 . 97 AF I `r, 58 45 Qin= 87 . 8 CFS Qout= 30 . 9 CFS 40 LAG= 422 . 3 MIN I 35 0 3e - - ---------_,J 25 `� 20 -. _ 15II CD N 7t LI) CO m N I- tD 03 m -- - - -- -- N N N N N F1 IITIME (hours) Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC. 8 Aug 94 HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems I POND 42 POND 2 STARTING ELEV= 731 . 5 FT FLOOD ELEV= 735 . 5 FT IELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 735 . 8 FT 731 . 5 0 . 00 PEAK STORAGE = 1 . 30 AF U 735 . 5 1 . 20 Qin = 33 . 0 CFS @ 14 . 99 HRS Qout= 32 . 6 CFS @ 15 . 82 HRS ATTEN= 1 % LAG= 49 . 9 MIN IIN/OUT= 36 . 32 / 35 . 72 AF INVERT (FT) OUTLET DEVICES I 0 . 0 36" RCP AT 0 . 10% ELEV(FT) DISCH (CFS) 731 . 5 0 . 0 732 . 5 3 . 3 I 733 . 5 12 . 6 734 . 5 24 . 2 735 . 5 30 . 6 1 736 . 5 35 . 9 TOTAL DISCHARGE vs ELEVATION IFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 731 . 5 I 0 . 0 . 3 . 7 1 . 0 1 . 3 1 . 7 2 . 0 2 . 3 2 . 6 3 . 0 732 . 5 I 3 . 3 4 . 2 5 . 2 6 . 1 7 . 0 8 . 0 8 . 9 9 . 8 10 . 7 11 . 7 I 733 . 5 12 . 6 13 . 8 14 . 9 16 . 1 17 . 2 18 . 4 19 . 6 20 . 7 21 . 9 23 . 0 734 . 5 I 24 . 2 24 . 8 25 . 5 26 . 1 26 . 8 27 . 4 28 . 0 28 . 7 29 . 3 30 . 0 735 . 5 I 30 . 6 IIPOND 42 INFLOW & OUTFLOW POND 2 1 32 30 STOR-IND METHOD 28 II 26 .A< ELEU= 735 . 8 FT 24 P •' TOR= 1 . 30 AF 22 c: 20 j Din= ' 0 CFS j 6 Qout= 32 .. CFS II3 14 LAG= 49 . 9 ,,`,I,N o 12 -J 10 / I 8 6 r' 4 r 2 I Oo..... N V UD CO m N Ct U0 03 m N N N N N r'7 TIME (hours) " Data for SCHERER BROTHERS ALTERNATIVE #4 Prepared by ORR, SCHELEN, MAYERON & ASSOCIATES , INC . 8 Aug 94 ' HydroCAD 3 . 02 000640 (c) 1986-1992 Applied Microcomputer Systems POND 43 SCHERER BROTHERS POND 3 ISTARTING ELEV= 733 . 4 FT FLOOD ELEV= 735 . 5 FT IELEVATION CUM. STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 734 . 7 FT 733 . 4 0 . 00 PEAK STORAGE = . 50 AF I 735 . 5 . 80 Qin = 15 . 7 CFS @ 11 . 85 HRS Qout= 5 . 2 CFS @ 12 . 20 HRS ATTEN= 67 % LAG= 21 . 3 MIN I IN/OUT= 1 . 10 / 1 . 06 AF INVERT (FT) OUTLET DEVICES I 733 . 4 21" CULVERT n= . 012 L=120 ' S=. 0025 ' / ' Ke=. 5 Cc= . 9 Cd=. 6 TOTAL DISCHARGE vs ELEVATION IIFEET 0 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 733 . 4 I 0 . 0 0 . 0 . 1 . 3 . 6 . 9 1 . 2 1 . 7 2 . 2 2 . 7 I 734 . 4 I 3 . 3 3 . 9 4 . 5 5 . 1 5 . 8 6 . 5 7 . 2 7 . 8 8 . 5 9 . 1 735 . 4 1 9 . 6 10 . 1 10 . 5 II POND 43 INFLOLJ & OUTFLOW SCHERER BROTHERS POND 3 1115 14 STOR-IND METHOD 13 PEAK ELEU= 734 . 7 FT 12 11 PEAK STOR= . 50 AF II le 9 Qin= 15 . 7 CFS 3 8 Qout= 5 . 2 CFS 7 LAG= 21 . 3 MIN II 3 6 0 5 w 4 II 2 ,+ 1 ----- em N tO M m N M -- m I - - - - - N N N N N fr1 TIME (hours) I I II 1 CONSENT Jz MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Assessments for Monnens Addition DATE: August 11, 1994 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 4065 which will apportion the existing special assessments among the new parcels created as a result of the platting of the Monnens Addition. The developer agreed to the apportionment in the developers agreement. RECOMMENDED ACTION: Offer Resolution No. 4065, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Monnens Addition, and move its adoption. • RESOLUTION NO. 4065 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF MONNENS ADDITION WHEREAS, on May 5, 1992, Resolution No. 3582 adopted by the City Council levied assessments against properties benefitted by construction of 5th Avenue from Spencer to Market, Market Street from 7th to 4th, and Main Street from 6th to 5th, Project No. 1989- 4; and WHEREAS, a tract of land benefitted by the said improvemen_ ts,_ known as parcel number 27-906-115-0, has been subdivided into ~the plat of Monnens Additions; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said tract because of the platting of Monnens Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a developers agreement for Monnens Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1994 payable remaining balance of assessments to parcel 27-906-115-0 is $3, 362 .49.49 for the 1989-4 5th Avenue Improvement Project and is hereby apportioned as follows: PROPERTY LEGAL 1989-4 P.I.D.NO. OWNER DESCRIPTION Code 71 27-185-001-0 Monnens Custom Lot 1, Block 1 $1, 681.25 Builders Monnens 1006 Dakota St. S. Addition 27-185-002-0 Monnens Custom Lot 2, Block 1 $1, 681.24 Builders Monnens 1006 Dakota St. S. Addition 2 . That all other parts of Resolution No. 3582 shall continue in effect. Resolution No. 4065 Page -2- Adopted in session of the City Council of the City of Shakopee, Minnesota, held this 7th day of , 1993. . Mayor City Clerk Approved as to form . City Attorney os i3 6, MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Employment Resignation - Dave Hutton DATE: August 15, 1994 INTRODUCTION: Attached is a resignation memorandum from Dave Hutton, Public Works Director. BACKGROUND: Mr. Hutton has accepted a Public Works Director position with the City of Savage. The Personnel Policy specifies that department heads shall give a 30 day separation notice. Failure to comply with this procedure may be cause for denying terminal leave benefits. Mr. Hutton has requested that the City Council consider waiving the 30 day separation provision. Mr. Hutton has requested a final employment date of September 2nd. Mr. Hutton would like the Council to consider the separation date and continue to provide full terminal leave benefits. If City Council will not entertain full terminal leave benefits and a earlier separation date, Mr. Hutton has stated that he will meet the 30 day separation provision as stated in the Personnel Policy. ALTERNATIVES«` 1. Authorize the appropriate City officials to advertise for the Public Works Director position. 2. Waive the 30 day termination provision and entertain the September. 2nd=termination date as requested by Mr. Hutton with full terminal leave benefits. 3. Do not waive the 30 day termination provision. STAFF RECOMMENDATION: Staff recommends- alternative #1 and #2 . ACTION REOUESTED:. .._;,._ 1. Authorizethe appropriate City officials to advertise for the Public Works Director position. 2 . Move to waive the 30 day termination provision and entertain the September 2nd. termination for Mr. Dave Hutton with full terminal leave. benefits. MEMO TO:___DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVID HUTTON, PUBLIC WORKS DIRECTOR DATE: AUGUST.__12, 1994 I am hereby notifying you that I will be terminating my employment with the-City of Shakopee as soon as possible in accordance with the Personnel Policy. As I understand it, a 30 day notice is required, I have -accepted the position of Public Works Director/City Engineer for the City--of Savage. I would 1i-ke to request approval to leave Shakopee as of September 2, 1994inorder to start my new employment on September 6, 1994 and still receive full severance pay. I am aware that this would not be a full 30 days. If this is unacceptable, I will terminate employment- as of September 11, 1994 which I believe is a full 30 days. Thank you for this consideration. I sincerely have regrets about leaving Shakopee and have enjoyed working here. I feel that the employees in my department are some of thebestI have ever worked with and will truly miss them. I 3c MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director , SUBJECT: Interim Staffing for Engineering DATE: August 16, 1994 As a result of my resignation, the City of Shakopee will be without a City Engineer and Public Works Director for approximately ± 3 months during the advertisement and selection process. This raises the question as to what should the City do in the interim. As I see it, the following options are available. 1. Utilize one of the City's consultants as Acting City Engineer. 2. Utilize Dave Nummer, Design Engineer, as acting City Engineer. 3. Utilize Ray Ruuska, Lead Technician as Acting City Engineer. 4. Do Nothing. RECOMMENDATION: At this point I would recommend Alternative No. 1. Specifically, I would recommend using Mr. Bret Weiss, of Orr-Schelen-Mayeron&Assoc., Inc. (OSM)as Acting City Engineer. I think Mr. Weiss would only be needed around 10 - 15 hours per week, plus attend Council meetings. There are several reasons for this recommendation. One, Mr. Weiss is a licensed Professional Engineer, (P.E.) and the City is required to have a P.E. sign all construction plans and administer the State Aid System. Two, I believe that having a P.E. provides Mr. Weiss with additional training and skills needed for the City Engineer position. There are no P.E.'s on City staff. Three, Mr. Weiss and OSM are very familiar with the City of Shakopee having been our consultant for over 10 years. Mr. Weiss and his firm are actively involved in several current projects such as Vierling Drive, Sarazin Street/Roundhouse Circle, and the Upper Valley Drainageway. I believe that the existing Engineering staff have the capability and knowledge to handle the majority of the day to day activities, but utilizing Mr. Weiss for 10 - 15 hours per week would provide the City Council professional judgement on complex engineering issues. The current fee schedule for OSM indicates that the hourly rate for Mr. Weiss would be approximately $88.00 per hour. The alternative to using OSM, would be to utilize one of the City's other consultants, Strgar- Roscoe-Fausch or Bill Engelhardt. There would be no costs savings in using one of these firms and they are not as familiar with the City of Shakopee as OSM. ADDITIONAL RECOMMENDATIONS: 1. Utilize Dave Nummer as coordinator overseeing Public Works operations. Harry Pass would still be the foreman in charge of day to day activities. 2. Initiate the hiring process but postpone the actual hiring of a technician to replace Jeff Swenson until after the new Public Works Director/City Engineer is selected. 3. I further recommend that the two consultants working on specific projects, Dan Boxrud, (SEH): Comprehensive Sanitary Plan and Chaska Interceptor and Pete Willenbring (OSM): Comprehensive Storm Plan, Upper Valley Ditch and Scherer Brothers Lumber Drainage Study be retained to provide continued input to the City Council on these items according to their respective contracts until these projects have been completed. ACTION REQUESTED: 1. Direct the City Administrator to negotiate a contract with Orr-Schelen-Mayeron&Assoc., Inc. to provide Acting City Engineer services during the interim period. 2. Direct the City Administrator to implement the additional recomendations 1, 2 and 3 as outlined above. DEH/pmp APPOINT Orr Schelen 300 Park Place Center 612-595-5775 Mayeron& 5775 Wayzata Boulevard 1-800-753-5775 Associates,Inc. Minneapolis MN 55416-1228 FAX 595-5773 1994 FEE SCHEDULE Schedule of direct personnel costs to be multiplied by 2.25 to determine hourly fee: Principal $47.00 Senior Registered Engineer, Architect, Planner, Surveyor $39.50 Registered Project Engineer, Architect, Planner, Surveyor $34.25 4.25 Project Engineer, Architect, Planner, Surveyor $27.00 Engineer, Architect, Planner, Surveyor $22.00 Senior Designer $31.50 Designer, Level II $27.00 Designer, Level I $24.50 Senior Technician $22.00 Technician, Level II $20.00 Technician, Level I $16.00 Schedule of direct personnel cost to be multiplied by 2.15 to determine hourly fee: •nstruction Observer $27.00 3-P- _ •n Survey Crew $53.00 2-Pers,bn Survey Crew $43.00 "Direct personnel cost" is defined-as salaries plus payroll burden and fringe benefits. • 11 personnel assigned to the project will be billed at the rates shown above b. ed on their respective classification multiplied by the appropriate multiplier. Schedule of computer cost per hour: Microcomputer $ 5.00 Microcomputer CAD Workstation $15.00 Computer costs will be charged at the above hourly rates. All other costs, such as vehicle mileage, survey equipment and vehicles, word processing, clerical, printing and reproduction costs are included in the hourly fee. This Fee Schedule is subject to revision in subsequent years on an annual basis, and subject to approval by the City Council. Enginee-a • Archi[ec:s • Planners • Surveyors MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: August 19, 1994 RE: Doug Bell' s Pawnshop License Questions have been raised regarding the accuracy of information presented in the July resolution denying Mr.' Bell a license. As you may know, the Court had requested that the City Council consider his new application as soon as possible, and therefore the memo I prepared was somewhat rushed. I received two pieces of bad information in preparing that resolution, and would like to correct the misinformation. First, I was advised by SPUC that the bank had called and indicated that Mr. Bell' s utility bill check had bounced. Although I called SPUC several times to verify this, SPDC continually said that they still did not have the check back from the bank. It finally did return, and had not bounced. The resolution indicated as follows : "D. Mr. Bell has delinquent and unpaid bills owing to the City, contrary to City Code Sec. 6 . 03 , Subd. 2, and City Code Sec. 6 .28, Subd. 5 .D, as shown by the following facts : "1 . Mr. Bell has a lease for the property where his business is located, which lease requires him to pay all utilities. On July 8, 1994, Shakopee Public Utilities notified the property owner that electric power was being turned off because the bill had not been paid. On July 11, 1994 , Mr. Bell provided Shakopee Public Utilities with a check for $330, but the bank has advised Shakopee Public Utilities that there are insufficient funds (NSF) in the account to cover the check. " I did advise you at a subsequent meeting that the check had cleared. I regret the incorrect information. Had I known that the check had cleared, I would have deleted this portion of the resolution. Paragraph A. 1 of the resolution contains language about Mr. Bell's failure to pay bills on time, and therefore further reference to that would not have been needed. Second, I was advised by the Police Department that Mr. Bell had been charged with theft for taking interest from a woman who had pawned jewelry at his shop, when he did not have the jewelry. I also was advised that it was suspected that he had stolen or sold the jewelry. I thought Mr. Bell had been tab charged at the time of the theft, but learned later that a formal complaint had been requested, which in turn had been delayed while the Police Department provided us with additional information. Miscommunication occurred between the Legal Department and the Police Department, resulting in the case not being charged. I did not know that had happened until August 17 . Today I was assured that the theft of interest would be tab charged, and the suspected theft or sale of the jewelry would be referred to the County Attorney' s office for possible prosecution as a felony. The resolution provided as follows: "7 . Mr. Bell has been charged with theft and misconduct of a pawnbroker. He had accepted the pawn of jewelry worth $6036, and later accepted additional interest—on the items to keep them pawned. The owner came in to redeem the jewelry before the end of the extended redemption period, but Mr. Bell did not have the jewelry. " It should have provided that Mr. Bell "is being charged" with theft . The charge of "misconduct of a pawnbroker" will not be filed unless the case is accepted by the County. I am very unhappy about the incorrect information, and have taken steps to assure that miscommunication does not occur again. I apologize for any confusion or uncertainty that these may have caused you. I have reviewed the remaining paragraphs of the resolution, and they are accurate. At this point you have two options . One, you may make a motion to Council to reconsider Mr. Bell' s application, and grant him a license. Two, you may review the resolution and determine that the remaining and corrected provisions sustain your original vote. For your information, the resolution (without exhibits) is attached. Please let me know if you have any questions. Signedt Karen Ma ty, i Attorney Aglit:bjm (19BELL] Attachment cc: Dennis Kraft Tom Steininger -2-