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09/06/1994
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 2, 1994 1 . Attached are the July 7, 1994 minutes of the Shakopee Public Utilities Commission. 2 . Attached is the Monthly Progress Report from the Law Department . 3 . Attached is correspondence to the Mayor from Roderick MacRae regarding the cooperative support of the City of Shakopee and Murphy' s Landing in making this year' s Celtic Festival a great success . 4 . Attached is correspondence to the Shakopee Jaycees and Murphy' s Landing from the City Clerk regarding the new law limiting the number of temporary liquor licenses a City may issue. 5 . Attached is correspondence to the DNR from the Planning Director regarding the proposed Shiely Dewatering Permit . 6 . Attached are August 11, 1994 minutes of the Shakopee Planning Commission. 7 . Attached is correspondence to Joe Vaughn from the Recreation Assistant regarding a joint meeting scheduled for September 20th, with the City of Shakopee Recreation Staff, School District Staff and the leaders of the adult fall leagues . 8 . Attached is an article from the Real Estate Journal regarding proposed development in Shakopee. 9 . Attached are the August 17, 1994 minutes of the Community Development Commission. 10 . Attached is a memorandum from the Scott County Highway Department regarding the tenporary closure of CSAH 15 between 792' south of 12th Ave . to Trunk Highway 300 . 11 . Attached are the August 2, 1994 minutes of the Shakopee Coalition. 12 . Attached is correspondence from the Minnesota Dept . of Health regarding Sample Analysis Results for your Public Water Supply. 13 . Attached is correspondence from Valleyfair to the Zoning Administrator of Eden Prairie regarding complaints by Eden Prairie residents to their fireworks display. 14 . Attached is correspondence from the Mayor to Dan & Kimberly Gasow regarding their concerns of the bike path adjacent to the Upper Valley Drainage Trail . 15 . Attached is a memorandum from the Assistant City Planner regarding paving requirements at Brambilla Motors . 16 . Attached is a memorandum from the Assistant City Planner regarding semi-trailer parked at 2488 Hauer Trail . 17 . Attached is a memorandum from the Staff Engineer regarding the existing CSAH 18/Bloomington Ferry Bridge Project . 18 . Attached is correspondence to Hentges from the Public Works Director regarding the 1993 Street Reconstruction Project . 19 . Attached is a memorandum from the Public Works Director regarding a status update of various projects. 20 . Attached are the agendas for the September 8th meetings of the Board of Adjustment & Appeals and Planning Commission. 21 . Attached is the Monthly Progress Report from the Engineering Department for August . 22 . Attached is correspondence from the Staff Engineer to Beckrich Park Estates Homeowner' s Association regarding their request for construction of a noise berm on the north side of County Road 78 . 23 . Attached are memorandums from the City Attorney and the Police Chief regarding the Police Civil Service Commission Status. 24 . On June 21, 1994 City Council was advised of a petition before the Minnesota Transportation Regulation Board for investigating railroad crossbuck improvements, warning signs, and pavement marking improvements for railroad-highway grade crossings on the Soo Line Railroad in the Twin Cities Metro Area. No crossings are within the City of Shakopee . The City recently received notification that the Minnesota Transportation Regulation Board has ordered the new advance warning devices and has identified the amount of costs coming from federal funds, the Soo Line Railroad and the State Highway Safety Account . A copy of the order and a list of the crossings involved is on file with the City Clerk, if anyone desires to review it . 25 . Attached is the September calendar of Upcoming Meetings. 26 . Attached is the September Business Update from City Hall . 27. Attached is the Police Newsletter for Council review. 28 . Attached is a copy of the correspondence from the Assistant City Administrator that was sent to Jackson and Louisville Townships in regard to their contribution to the Recreation Department . 29 . Attached is a memorandum from the Assistant City Administrator regarding the "This Old House" program. 30 . The next issue of the "Shakopee City News" is scheduled for distribution later this month. 31 . Attached is the Building Report for August . 32 . Attached is a memorandum from the Planning Director regarding City Council Review of Variances . "IL 33 . Attached is the August Progress Report from the Planning Dept . � s MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Adjourned Regular Meeting) The Shakopee Public Utilities Commission convened in adjourned regular session on July 7, 1994 at 7 :00 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Vierling and O'Toole. Also present: Secretary Menden, Manager Van Hout , Admin. Asst . Adams, and City Attorney Karen Marty. Also present was Kevin Favero of R.W. Beck, and approximately 20 members of the public. President Cook opened the meeting and announced the agenda as being a presentation by Kevin Favero, followed by an opportunity for comment by both the members of the public and the Commissioners . The meeting was being videotaped by Joe Adams. Commissioner Cook asked for each person making comments to identify themselves and try to stay within 5 minutes time so as to allow an opportunity for everyone who might want to comment . He asked that the map and the summary be handed out to everyone. Kevin Favero, of R.W. Beck, presented a 30 minute overview of the substation sites considered; reviewed the reasons for the substation and the criteria that were applied in the evaluation of the sites. The summary sheet which had been distributed was projected on a screen for the presentation by Mr. Favero. He covered the factors of economics, environmental, reliability, and flexibility. There are 14 sites and 20 alternatives due to different transmission line configurations considered. Commissioner Cook opened the meeting to public comment . Several persons spoke with questions and comments: Elmer and Harold Marschall and their attorney Tim Keene, Joanne & Maynard Bratland, Dennis Purcell, John Green, Bonnie Notermann, Gary Laurent, Alan Walford, Darren Redetzke, and others. Items brought up were: source of the cost estimates, whether the cost included defending against lawsuits, total estimated cost of the substation, whynot locate in industrial area, strayvoltage g concerns, residential area, dairy farm area, reasons for specific 7 transmission line route, EMF concerns, clarifications of EMF and ELF, historical farm, prudent avoidance, why not locate under existing line, noise, future expansion, specific location of substation on the property, wetlands and DNR, why not use future school site, affect on wildlife, affect on water, adequacy of vegetation for screening, existing vs. new residential, distance of transmission line to residence, why not use county highway for transmission line route, experience with other utilities on property acquisition for transmission lines, destination of the distribution lines, and costs of underground transmission lines. Kevin Favero, the utilities staff, and the Utility Commissioners responded to the questions . Manager Van Hout commented on some specific considerations of the proposed transmission line route. Commissioner Cook and Kevin Favero described some complications with using Marschall Road as an alternative transmission line route. In response a question, Commissioner Cook asked City Attorney Marty about the process of getting transmission line right-of- way. Ms . Marty described the process of acquiring easements, and outlined the process of getting the conditional use permit needed because of the height of the poles . Commissioner Cook asked for comments from the Commissioners. . He commented that the Utilities Commission had worked hard to find the best site and feels they have tried to satisfy many issues. Commissioner O'Toole agreed, and emphasized that they have had to address many variables. He supports the present site. Commissioner Vierling advised that she had not responded to the public comments as much as the other Commissioners because she was relatively new to the Commission, but she was familiar with much of the history of this substation siting process from her time on the City Council and she supported the present site. Commissioner Cook summarized the consensus of the Utility Commission as: the substation site presently proposed is still the best site, but there was a need to review the transmission line route in more detail before making final commitments on it . He asked Manager Van Hout to comment on that possibility. Manager Van Hout responded that the reason the substation site and the transmission line route were both included in one filing with the EQB was because a substation site is useless without having a route to get lines to it, but nothing prevented the Commission from considering another route for the transmission line later. ` Commissioner Cook summarized the consensus of the Utilities Commission as: to leave the question before the EQB as it is now filed, but to make a commitment to the public to again review the transmission line route and consider alternative routes before starting construction of the transmission line. "` Commissioner Cook commented further in regard to the transmission line route, that notices of future SPUC meetings would be mailed to owners of all property within 350 feet of all possible transmission line routes being considered. This would be consistent with the standard distance used by the Planning Commission for conditional-use-hearings. • Commissioner Cook asked Karen Marty to report back to the EQB about this meeting and the conclusions . Motion to adjourn by O'Toole, seconded by Vierling. Motion Carried. I b j U_ / Barbara Menden: 'ommission Secretary f k' K V' f MONTHLY PROGRESS REPORT August 1994 LAW DEPARTMENT Civil projects are shown on this page; separate charts showing prosecutions are prepared. Project Deadline Progress Comments SPDC EAW for 7/94 Delayed EQB has violated its electrical Rules and failed to substation act in a timely manner. We continue to try to get a good resolution. Personnel 12/94 Good Was postponed until after handbook zoning ordinance . To be completed this year. NSP franchise 2/95 Slow Negotiating a new franchise. Some issues need to be resolved with NSP. Subdivision 4/95 On hold To be done after new regulations zoning ordinance is effective . 1994 City 12/94 Slow Put off for other work. Code update Springers 11/94 (New) Project handed to Mark Erickson to prepare papers for hearing on license . Hearing anticipated for October. [15MEMO] Attachments CO 13 I . u_I k j 1 . 0 I a (.1) I i I E I I; I i ii k ( ! k I I , Z1 I ! k Q ! I f f a: I 1L i///i//f////////////7///////////////7/////////////7///////8 0 k I I I1< ! j i j 3 a I iI ///////////////////7/////1/ Cl) w1 W y-- i i I ! v I I A`� ! %/// //. 0- W 1 i 1 , ! k !1 1 1 1 0_ v 1 I /////////////// ///////////, < mi.m., I i k1 i 1 ! k I 1 O Immo O # w////////////////////////. C C 2 1 1 [ 1 ; I ! 1 //////////////////////////// 2 :::::::/ (I) I I 0 I • I I 777777"///////'////////"%%7//77777/ Q I E ! ! I ! 0 I . 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SOOTTRIUgddV Jo JoquinN -*3 i CITY OF g HAKOPEE 2AUG 1 2 1994 6 . _ ,..._- Celtic esttvat WV eL,ni IE C � ' V I *' t ..P.52.2n•-74 gl: Auguet 10, 1994 gad, Lauitent, Mayon City o/ Shakopee 129 Hotmea St tee t Shakopee MIN 55379 Dean gaay, A4 you know, 8y now, the Celtic Fee#iva l at l'li 11phy'h Landing was a gaeat 4uccee4 #hie yea/ with anove�r,,Llow c..to,,rd o�C"2,000. 7h z .is due, .in pant, to the coopezat ive auppoAi o,f the 4� aupport � May'4 Landling. The .lea City °a g ShakopeeoA and y de�reh.ip and management ilia ha4 4.Lgn iLLcan ly impzoved thio yeah and that hale made all the dce zn the woz.ld to oua event. I e.pecinioy want to compliment you/ city cLelck, Judy COX, AMI. hen e/4oata cn helping u4 obtain'the alcohol .Licenze. Az you know thie wa4 a nopn#i ,eiy new pzocee4 Con all o1f u4 and entailed jumping" tiviough a numl.en o,f hoop4. Judy 4uccea4 i1y negotiated" all oo the ha/idle-6 and"pat jorth ane font ;Gan teyond ll the cao/ duty. You are ; Aiziw.a a to have hen on 4444. WE ane aFiieadly looking ¢oawaad to 1995! S.inceAeLy, ePZL--;/q( ac.—e-G---(Z,„_ Rodez.ick MacRae High Ch-le/ cc: Judy Cox 1210 West 22nd Street, Minneapolis, MN 55405 612-377-0130 . #1 SHAKOPEE August 17 , 1994 Mr. Paul Burton, President Shakopee Jaycees P.O. Box 133 Shakopee, MN. 55379 Dear Mr. Burton: I am writing to advise you of a new law which took effect August 1st limiting the number of temporary licenses a City may issue. The new law provides that "A municipality may not issue more than three temporary licenses for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period. " This includes temporary liquor and temporary beer licenses. Attached is a list of the temporary beer licenses that have been issued to the Shakopee Jaycees for the last year. According to the new law, the Jaycees would not be eligible for another temporary license until after June 5th, 1995. I wanted to bring this to your attention at this time in order that it may be useful to the Jaycees when planning fund raising activities for the summer of 1995. Please call if you have any questions. Sincerely, Cdi Via 4. J ith S. Cox • y Clerk CC: Mayor and City Count. Dennis R. Kraft, City Administrator CC'\ mL;\rr PRIDE SINCE DATES OF SHAKOPEE JAYCEES' TEMPORARY BEER LICENSES July 1, 1993 - July 1, 1994 License Period DATES OF LICENSES LOCATION OF LICENSES July 30, 1993 Tahpah Park August 6-8, 1993 Canterbury Downs August 7, 1993 Lions Park August 14-15, 1993 Pine Ridge Fitness Center June 4-5, 1994 Tahpah Park July 1, 1994 - July 1, 1995 License Period DATES OF LICENSES LOCATION OF LICENSES August 6, 1994 Lions Park August 13-14, 1994 Tahpah Park BEERTEMP.JAY 4 LI 11111"tiall SHAKOPE E August 31, 1994 Ms. Shirley Olson Executive Director Murphy's Landing 2187 E. Highway 101 Shakopee, MN 55379 Dear Ms. Olson: I am writing to advise you of a new law which took effect August 1st limiting the number of temporary licenses a City may issue. The new law provides that "A municipality may not issue more than three temporary licenses for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period. " This includes temporary liquor and temporary beer licenses. The City issued a temporary liquor license to the Minnesota Coalition Scottish Clans Inc. for August 6, 1994 at Murphy's Landing. On September 6th the City Council will be considering a temporary beer license for the Sportsmens Coalition for A Clean Minnesota River for September 10th at Murphy's Landing. According to this new law, the City Council may only issue one more license for the Murphy's Landing site until August 6, 1995. I wanted to bring this to your attention at this time in order that it may be useful to you when making plans for events at Murphy's Landing over the next eleven months. Please give me a call if you have any questions. Sincerely, , u Judit S. Cox City Clerk CC: Mayor and City Council Dennis R. Kraft, City Administrator C0\1\11.,\IT) PRIDE SINCE 7,c,;- 445- • SHAKOPEE August 18, 1994 Pat Lynch Area Hydrologist Division, of Waters Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 RE: Proposed Shiely Dewatering Permit Dear Mr. Lynch: At their meeting on August 16, 1994, the Shakopee City Council directed staff to convey the Council's concerns to the Department of Natural Resources on the proposed amendment to Water Appropriations Permit No. 67-012. As you are aware this permit is for the quarry dewatering by the Shiely Company in Shakopee. The City Council specifically stated in their motion that any increase in pumping from the Shiely Company quarry will require an Environmental Assessment Worksheet (EAW) and that the City of Shakopee be named as the Responsible Governing Unit (RGU). In order to accommodate this directive by the City Council, additional time for the review of the permit will be needed to at least provide opportunity for the EAW process. Both staff and the City Council are aware of the state legislative requirement for the approval of the proposed permit. I would like to request that all future actions with respect to the Shiely Water Appropriation Permit be addressed to City staff for review purposes. If you have any questions please call me at 445-3650. Thank you. Since, ly, Vv Lind•erg S. Ekola Planning Director c: Shakopee City Council CONLIUNm PRIDE SINCE 183 !'_u F Imes Street uth S'r.a:.:cee.\1 nnes,:i 55379--?;1 612-4-1;-'-r40 F.A\ (c) OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota August 11, 1994 MEMBERS PRESENT: Madigan, Joos, Christensen, Bladow, Link, & DuBois MEMBERS ABSENT: Mars STAFF PRESENT: Lindberg Ekola, Planning Director Paul Bilotta, Senior Planner Terrie Sandbeck, Assistant City Planner I. ROLL CALL Chrmn. Joos called the meeting to order at 7: 30 p.m. The roll call was taken as noted above. Commissioner DuBois arrived at 7:57 p.m. II. APPROVAL OF AGENDA The agenda was approved as presented. III. 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. IV. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 239' 6" STORAGE STRUCTURE IN A DISTRICT WITH A MAXIMUM HEIGHT REOUIREMENT OF 45' - RAHR MALTING CO. - 800 WEST 1ST AVENUE. Chrmn. Joos opened the public hearing regarding the above request. The Planning Director provided a brief summary regarding this matter. He stated that the applicant is proposing to install a grain storage day bin on top of the existing annex to replace the storage capacity that was lost during the grain bin explosion on June 16, 1994 . This structure would be 239 feet 6 inches in height, and would exceed the 45 foot height limitation in the I-2 Zoning District by 194 feet 6 inches. A Conditional Use Permit is required for all structures in excess of 45 feet in height. Mr. Dan Hennes, Plant Manager of Rahr Malting Company, located at 800 West 1st Avenue elaborated on the request. He stated that their company looses approximately $15, 000 to $20, 000 each day that the storage bin is not available for their use. Minutes of the Palm - 2 Shakopee Planning Commission August 11, 1994 Mr. Brett Comstock, 1828 West 5th Avenue, Hopkins, Minnesota, stated that the proposed day bin would be about 25 feet shorter than the malt elevator building that was recently completed. Comm. Bladow asked if the proposed day bin would be very visible from TH 101. Mr. Comstock responded that from TH 101 the day bin would be pretty much hidden, and that it would only be visible from the west, and from 3rd Avenue. Motion: Comm. Christensen / Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen / Madigan offered Resolution No. PC-694, A Resolution Granting a Conditional Use Permit to Rahr Malting Company to Construct a Structure 194 Feet 6 Inches in Excess of the 45 Foot Height Limitation Within the Heavy Industrial (I-2) Zoning District. Vote: The resolution was adopted unanimously. V. DISCUSSION: HIGHWAY COMMERCIAL DEVELOPMENT STANDARDS. Chrmn. Joos introduced this agenda item and opened the floor for its discussion. The Senior Planner stated that there have been a number of inquiries about development along the major entrances into the community along the TH 101 Southerly Bypass. He stated that staff is recommending the development of design standards for these areas. There was a consensus among the Planning Commission members that development standards are needed, and that there was support for the development of these standards. VI. DISCUSSION: 1994 COMPREHENSIVE PLAN LAND USE STRATEGIES. Chrmn. Joos introduced this agenda item and opened the floor for its discussion. The Senior Planner provided a brief summary regarding these issues. The Planning Commission discussed a large number of issues regarding land use issues on a citywide basis. Staff distributed maps to the Planning Commission and Minutes of the Page Shakopee Planning Commission August 11, 1994 requested that the Commissioners note problem areas as well as opportunities or assets on their maps. VII. OTHER BUSINESS: No other business was brought before the Commission. VIII. ADJOURNMENT The meeting adjourned at approximately 9:30 p.m. ( &e-V�s volley, 44-7 SHAKOPE E \M August 23, 1994 Joe Vaughn 2310 Byrd Avenue North Golden Valley, MN Dear Mr. Vaughn, Last spring at the information meeting on fees and charges it was determined that a meeting should be held with the City of Shakopee Recreation Staff, School District Staff and the leaders of the adult fall leagues. This meeting will hopefully bring about improved communications and better coordination of services provided by the three groups. The meeting is slated for Tuesday, September 20th. The meeting will begin at 6:30 pm in the City Hall upstairs conference room. It is my wish that you, as President of your association will attend this important meeting. If you are unable to attend, please have another person from your organization attend. Sincerely, Aj /0110raK Sherry Dvorak, Recreation Assistant cc: Barry Stock Mark McQuillan Paulette Rislund COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 AUG-23—'94 TUE 12:36 I D:METROPOL I TAN COUNCIL TEL NO:612/291-6550 i4765 P01 N 1A. 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' 4; 7.4 . imp CD ''' 0 0 .t.gilirl o .f� ,eE4 z 1I);iI1111 p111 `- 611 1 1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 17, 1994 Chairman Phillips called the meeting to order at 5 :30 p.m. with the following members present : Morke, VanHorn, Reinke, Stafford, Miller, Unseth, Phillips and Albinson. Commissioners Schoepester, Brandmire and Dauenhauer were absent. Barry Stock, Assistant City Administrator, Paul Bilotta, Senior Planner; Terrie Sandbeck, City Planner; and Don Mertz, Bill' s Toggery were also present . Reinke/VanHorn moved to approve the minutes of the July 20, 1994 meeting as kept . Motion carried unanimously. Mr. Stock noted that on Tuesday, August 23rd at approximately 6 : 00 p.m. the Shakopee City Council would be meeting in a Committee of the Whole format to discuss the need for an HRA versus EDA. Mr. Stock requested the Commissioners to be present at the meeting. Mr. Stock also noted that the Council would also be discussing code enforcement . Mr. Stock gave a brief update on the Danny' s Construction project . He noted that Danny' s Construction is currently located within the Southerly Bypass alignment. Following the completion of the Bypass Danny' s Construction had considered acquiring additional land to the East to maintain presence at their current site. Mr. Stock noted that City Council has passed a resolution notifying MnDOT that they would like to exercise their first right of refusal to acquire the property. Mr. Stock also noted that in the late 70' s the City utilized Metropolitan Council Grant Funds for Highway right-of-way acquisition further to the East of the Danny' s site. Comm. Reinke questioned why Danny' s Construction couldn' t continue to operate at their present site. Mr. Bilotta explained that the Danny' s Construction site is presently zoned I-2 . The comp plan calls for the property to be zoned commercial business. The current use of the property is inconsistent with the goals of the comprehensive plan. Mr. Stock noted that the bypass will be elevated in this area and that outdoor storage would not be a preferred use of the property. Access to the Danny' s Construction site would also be prohibitive once the City acquires the property to the East . Comm. Reinke questioned whether or not Danny' s Construction could acquire their building back from MnDOT. Mr. Stock stated that the City has the right of first refusal to acquire all MnDOT remnant properties left after completion of the Bypass . Comm. Reinke questioned the price to be paid for the property. Mr. Stock stated that he thought it was approximately $19, 000 . 00 per acre. Mr. Stock went onto state that the site could perhaps be used by the City for the second fire station. Once the bypass is complete, the City could end up with approximately 10 acres of property in this area. Discussion ensued on Blocks 3 and 4 . Mr. Stock stated that the City Council has directed the City Administrator to investigate Official Proceedings of the August 17, 1994 Shakopee Community Development Commission Page -2- other options to pursue in terms of finding a developer for these two blocks. Comm. VanHorn stated that he felt we simply need to market the concept better than we have. Comm. Albinson questioned whether or not the Scott County HRA could participate in the project. Mr. Stock stated that the Scott County HRA does not have authority to conduct business in the City without formal approval from the Shakopee HRA. He also stated that he was unsure whether or not any Scott County HRA programs in terms of low to moderate income assistance would be an attractive use of the property. Comm. Morke stated that he felt it was time for the City to decide to take action and do something. He felt that the City needed to take a lead role in getting something accomplished. Mr. Stock stated that the property is currently within a one year interim moratorium area. The interim ordinance expires in March of 1995 . He also stated that at any time the City could remove the interim ordinance and that the property owners could proceed to make improvements to their building. Comm. Albinson noted that before the property owners could apply for the Rehab Grant Program, the City would have to amend the Rehab Grant Program Guidelines . He noted that this area was explicitly excluded from the grant project area. Mr. Stock went on to state that he will be meeting with several downtown business owners next week to discuss options for improving the backsides of the buildings. Mr. Stock noted that the downtown business association is interested in raising funds to assist the property owners on the north side in approving their buildings. Several downtown property owners have also offered volunteer labor to clean up the backsides of the buildings. Comm. Morke stated that the City should also take a lead role in improving the former City Hall building. Mr. Stock stated that he would place this item on our next agenda for further discussion. Mr. Stock presented the Rehab Grant applications submitted by Bill' s Toggery. He noted that Mr. Wermerskirchen was proposing to make improvements to the front side of his building and signage. Mr. Wermerskirchen is also proposing to paint the front and back portions of his building where applicable. Comm. Miller questioned whether or not the Commission should discuss the painting as an eligible project cost consistent with the direction of the HRA. Comm. Phillips suggested that since this grant has been submitted he felt it would be more appropriate to deal with this particular grant application and then discuss painting as an eligible project cost . Comm. Reinke questioned whether or not the amount of lighting proposed by Mr. Wermerskirchen was necessary. Mr. Don Mertz stated that the cost quote obtained did include light improvements under the existing awning and for the new signage. Mr. Mertz went on to state that once the sign is in place they may delete a portion of the lighting from the project . Comm. Reinke stated that the high level lighting in the downtown area provides quite a bit of light and was unsure whether or not the amount of lighting proposed was Official Proceedings of the August 17, 1994 Shakopee Community Development Commission Page -3- actually needed. Mr. Mertz concurred and noted that perhaps the lighting quote would be reduced as they proceed through the project. Morke/Reinke moved to recommend to the Shakopee HRA the approval of the Rehab Grant Program application submitted by Mr. Bill Wermerskirchen for the property located at 138 South Lewis Street. Discussion then ensued on painting as a normal and customary maintenance cost . Comm. VanHorn stated that he felt that the intent of the Rehab Grant Program was to stimulate improvements in the downtown area. He stated that irregardless of what types of improvements are made they are definitely improvements . He felt that painting should continue to be an eligible program cost . He cited the Jerry' s Bar project as an example of what painting can do to facilitate a building improvement . Comm. Miller questioned whether or not he could support a project that was just painting alone. Mr. Stock stated that the Rehab Grant Program currently specifies that the minimum grant award is $1, 000 . 00 . Therefore, a grant applicant would have to complete a project with at least a value of $4, 000 . 00 . This program guideline was increased significantly from the original Rehab Grant Program Guidelines. Mr. Stock stated that if a property owner does a project of $4, 000 . 00 that in his opinion it was definitely an improvement even if it consisted of painting alone. Comm. Miller stated that with this provision establishing a minimum project size he felt more comfortable leaving painting as an eligible project cost . VanHorn/Reinke moved to maintain the status quo in terms of the Rehab Grant Program Guidelines and painting. Discussion ensued on other criteria for the Rehab Grant Program. Comm. Morke questioned whether or not we could request the applicants who have received grant program funding to pursue additional improvements to eliminate code enforcement problems which may exist on their property. Mr. Stock stated that this would be possible if the property owners agreed to the additional improvements . A simple Rehab Grant Program amendment would have to be processed. Possible additional improvements that property owners could pursue would include screening exterior garbage dumpsters and roof top air conditioning units. Morke/Albinson moved to request staff to send a letter to the property owners who may have code violations on their property in an attempt to convince them to pursue additional improvements to eliminate the code violations. Motion carried unanimously. Mr. Stock informed the Commission that staff has been working with the SW Metro Transit Commission in an attempt to establish a express commuter service to downtown Minneapolis. Mr. Stock shared with the Commission a proposal for joint service that he received Official Proceedings of the August 17, 1994 Shakopee Community Development Commission Page -4- from the SW Metro Transit Commissioner Executive Director Diane Harberts . He noted that the proposed service would provide peak AM and PM service to Shakopee at two times daily. Mr. Stock stated that we are trying to coordinate the service so that it connects with SW Metro' s reverse commute route from downtown Minneapolis. The transit pickup location in Shakopee would be the new parking lot being constructed on the Pelham lot . From this point Shakopee Dial-A-Ride vehicles could deliver riders to this location. The location would also provide for park and ride options for commuters. Comm. Morke questioned whether or not a bus shelter was being constructed. Mr. Stock stated that a bus shelter was not being proposed for the site at this time. Mr. Stock went on to state that Mr. George Bentley will be assisting staff in preparing a grant application to the Regional Transit Board for a bus shelter location. Mr. Stock is tentatively proposing that the bus shelter location be located behind the Shakopee Library. Mr. Stock stated that the bus shelter and park and ride lot would resemble the one constructed in Chaska. Discussion ensued on marketing the new service. Mr. Stock stated that he would be working directly with the advertising firm that develops the SW Metro Transit Commission brochures and transit guides. Mr. Stock stated that he felt it would be appropriate to design a transit newsletter that could be distributed to each household in Shakopee. Additionally, Mr. Stock stated that the September issue of the Shakopee City News would include a story on the new service. Mr. Stock stated that he hoped the Shakopee Valley News would do a feature on the service. Ads in the Shakopee Valley News would also be taken. Comm. Reinke questioned whether or not the existing transit components would be included with these advertising concepts. Mr. Stock responded in the affirmative. Reinke/Albinson moved to recommend to City Council that the appropriate City officials be authorized to execute a memorandum of understanding with SW Metro Transit for the development and operation of a commuter express shuttle service between Shakopee and Eden Prairie Center. Motion carried unanimously. Mr. Bilotta gave an update on the Huber Park design plan. Mr. Bilotta noted that the consultant has completed three design options for the park area. The Commissioners reviewed each of the alternative concept plans. Mr. Bilotta noted that a final report would be ready for the Commissions review at their next meeting. Albinson/Miller moved to adjourn the meeting at 7 :15 p.m. Motion carried unanimously. I o SCOTT COUNTY BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE HIGHWAY DEPARTMENT x 13.E t . ,y; 600 COUNTRY TRAIL EAST Design Engineer �. i.._. ..� JORDAN, MN 55352-9339 DON D.PAULSON (612) 496-8346 FAX (612) 496-8365 Construction Engineer MEMORANDUM DATE: August 23, 1994 TO: Those on Attached List FROM: Brad Larson, County Highway Engineer SUBJECT: Temporary Closure of CSAH 15 between 792 feet south of 12th Avenue to Trunk Highway 300 in the City of Shakopee On Monday, August 22, 1994, CSAH 15 was closed to through traffic between 792 feet south of 12th Avenue to Trunk Highway 300 in Shakopee for road construction. A marked detour is provided via CR 78, CR 79, 10th Avenue, CR 77 and CSAH 16. The temporary closure will be in effect until late October, 1994. If you have any questions or would like additional information, please contact this office. BJL/kmg Enc. An Equal Opportunity/Affirmative Action Employer OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION AUGUST 2, 1994 The meeting was called to order at 4 : 30 p.m. by Chairman Judson Kenyon. Members present: Brian Norris, Citizens State Bank/American Cancer Society; Claude Kolb, Shakopee Lions/Knights of Columbus; Patrick Ottman, SACS Schools; Eileen Moran, Scott County Human Services/Shakopee Rotary; Sherry Dvorak, City of Shakopee; Judson Kenyon, CAP; DeDee Ordemann, American Red Cross; Irene Sundboom, Front Steps. SACS SCHOOL Pat reports the school is having a can drive. They will pick up cans at businesses (445-7212) . The 2nd Saturday of each month is pickup day. AMERICAN RED CROSS Responded to three local house fires. FRONT STEPS Irene reports summer activities are going well. New resident moved in recently from a farm. The previous resident went to foster care in Minneapolis. Maybe do a mixed softball game next year. KC/LIONS Claude reports Renaissance Fund raiser is coming up for Shakopee Lions. 25th Anniversary of the KC Hall. SCOTT COUNTY HUMAN SERVICES Eileen reports that a grant is approved to try and make it • easier for the service organizations to serve individuals. Easier - i.e. so they may not have to apply to each agency. CITY OF SHAKOPEE Looking at the Community Center issue. Looking at picking a construction manager. Derby Days is this weekend. Slide-a- Thon is this weekend. Big fund raiser for Arc Suburban. CAP AGENCY Rotary has purchased some equipment for senior driving. Lions gave $5, 000 to food shelf. Golf benefit at Stonebrooke raised $7, 000 for food shelf. Marquette Banks in Shakopee and New Prague and Capesius Insurance Agency were sponsors. Berens and Country Market donated 600 cases of food. Just purchased a home for transitional individuals. Can accommodate 5 people. Started NAPS program for Seniors. Next meeting of the Shakopee Coalition is scheduled for September 6, 1994 in the Citizens State Bank Building Community Room at 4 : 30p.m. Presentation will be made by The Special Olympics Scott County Chargers. Respectfully Submitted Brian Norris 4- P- ailMinnesota Department of Health Division of Environmental Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-0040 DATE: AUG 2 5 1994 (612) 627-5100 PWSID# 5-7oa42 TO: Noncommunity Public Water Supply Owner/Operator FROM: Public Water Supply Unit Section of Drinking Water Protection SUBJECT: SAMPLE ANALYSIS RESULTS FOR YOUR PUBLIC WATER SUPPLY Attached are the results of analyses performed on water samples collected from your public water supply. These results show that your system is in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. These results must be kept in your files for a minimum of twelve (12) years. Analyses are attached for the contaminant groups checked below: gi; Coliform Bacteria 0 Volatile Organic Nitrate 0 Trihalomethane ' ❑ Nitrite ❑ Synthetic Organic ❑ Inorganic ❑ Radiochemical ❑ Other If you have any questions concerning these results, please contact the Department of Health field representative checked below: Bemidji ❑ John Bastien Minneapolis 0 Ade Adefuye (5119) 218/755-3820 0 Paul Felling 612/627- 0 Sheldon Christenson (5026 ❑ John Haag 0 Steve Craig (5024) ❑ Dan Houg 0 Brenda Eschenbacher (5174 ❑ Jerry Wambach ❑ Michael Gianotti (5027) ❑ ,Pa vid Goff (5025) Mankato 0 Dave Reimann 0'Carol Kephart (5175) 507/389-2501 0 Bob Schmidt 0 Pamela Steinbach (5028) ❑ Greg Stevens St. Cloud 0 Ralph Carlson Rochester ❑ Dave Abnet 612/255-4216 0 Jim Feddema 507/285-7289 ❑ John Hawk 0 Wally From 0 Larry Mierau ❑ Wendy Spanier 0 Tom Wilfahrt Duluth 0 Mark Peterson 0 Blake Nordin 218/723-4642 Other 0 Jerry Smith Marshall 0 Marianna Teff 612/627-5128 507/537-7151 0 Lesli Kramer ❑ Siobhan Dugan 612/627-5168 Fergus Falls 0 Art Barber ppEE 218/739-7585 0 Glenn Donnay C'O'Y OF SHAK ❑ Gary Otnes 0 Gerry WinklemanAUG 2 6 1994 D \I) ECE1VE21 < 7/ / An Equal Opportunity Employer MINNESOTA DEPARTMENT OF HEALTH SAMPLE: 9414417 CHEMICAL LABORATORY PAGE: 1 REPORT OF ANALYTICAL RESULTS DATE RECEIVED: 07/13/94 Final Report — Client Copy DATE GENERATED: 07/18/944 DATE REPORTED: JUL 2 0 799 PWSN SITE ID FACILITY NAME CITY HU 5700182 5700182 SHAKOPEE MEMORIAL PARK SHAKOPEE COLL DATE COLL TIME COLL ID COLLECTOR NAME ORIG SAMP 13—JUL-94 0815 5603 Carol Kephart . FLD BLANK TYPE QTR FIELD NUMB LOC FIELD RES PO4 RES O 3 94-303 SAMPLING POINT WELL 1 DRINKING FOUNTAIN SAMPLE COMMENTS ANALYSIS/COMMENTS RESULT UNIT: BACTICHEM 69 Nitrate + Nitrite Nitrogen, Total 0. 97 mg/L 327 PA Total Coliform—DW (Colilert) A /1.00 ml Absent CITY OF SHAKOPEE AUG 2 6 1994 DATE S ff A�6 .2 51994 4+ i (� : W: 10 III ,Iiy�G9y•��c IS1 � Ip Z r� ►Wit ` 4"1 dtile t.a e ai Family Amus ment PaRk One Valleyfair Drive, Shakopee, MN 55379 (612)445-7600 TDD(612)445-1364 Fax(612)445-1539 August 24 , 1994 Ms . Jean Johnson Zoning Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Ms . Johnson: I am in receipt of your letter dated August 18 , 1994 , regarding complaints by Eden Prairie residents to our fireworks display. Valleyfair has always operated in a responsible manner and addressed the reasonable concerns of the residents of Shakopee and its neighboring communities . We will certainly try to do so in this case . I will be in contact with you shortly, so that you and I and our representatives can evaluate the situation and address the concerns of your residents . In the meantime , Valleyfair plans to discontinue the fireworks for the remainder of the season as of this coming Sunday, August 28 , 1994 , which we trust will resolve any immediate problems . Very truly yours , -7A6tbaiT a. Walter R. Wittmer Vice President/General Manager WRW:dw cc : ''City of Shakopee PCA Noise Division J • , 1111111%;111 SI-JAKOPEE August 25, 1994 Dan & Kimberly Gasow 640 Hennes Avenue Shakopee, MN 55379 Dear Dan & Kim: Thank you for taking the time to send a correspondence outlining your concerns regarding the bike path adjacent to the Upper Valley Drainage Trail . I have been in contact with the Public Works Director to determine what is being done with respect to the issues that you noted in your correspondence . The trail that you have been referring to is more commonly known as the Upper Valley Drainage Trail . In order to expand residential opportunities South of 10th Avenue, it became necessary for the City to construct the Upper Valley Drainage System. Nearly all of the property that is being occupied by the Upper Valley Drainage System was dedicated to the City by the property developers . Tax increment funds were utilized by the City to construct much of the Upper Valley Drainageway. No direct tax dollars have been expended by the City to construct the drainage system and trail . It is important to note that the Upper Valley Drainageway System was designed first and foremost to be utilized as a drainage system. The addition of the trail was done to take advantage of the open space and :,rovide additional pedestrian amenities to our residents . Portions of the bike trail are still under construction or have recently been completed. The City' s contractor still has work remaining and there are definitely some pavement failures that he will need to repair as well as landscaping. Since the trail is located in a major drainageway, it requires significant maintenance . The Shakopee Public' Works Department presently mows a portion of the ditch four or five times a year. This typically occurs when grass reaches a height of 6" . As noted earlier, some portions of the trail are still under construction and have not been planted with grass or covered with sod. Once the entire project is coonlete, we are optimistic that much of the weed CO\1\1L\ ,E PRIDE SINCE ;*.=- problem will be eliminated. However, due to the fact that the trail is located adjacent to or near soil control techniques (rip rap - rocks) certain areas will be impossible to mow. Weed control in these areas will be a constant battle for our Public Works Department . There are also several areas within the drainage ditch that have a high water table or springs. In these areas water will generally be found throughout the year and mowing will be difficult if not impossible. Over the next year as the Upper Valley Drainage System and trail near completion we are optimistic that the turf will become more manageable. As the grass continues to take hold we expect that erosion along the drainageway banks will be reduced and sedimentation deposits along the trail will be minimized. The Public Works Department will also continue to sweep the trail as often as possible. In summary, both City staff and I agree with many of the concerns that you noted in your correspondence . The contractor currently completing work on the trail has been contacted to rectify those areas that are in need of improvement . The City has also included in the 1995 budget a $17, 000 mower that is especially designed to assist in maintaining the grass and turf within the drainage channel . I hope that this correspondence gives you a greater understanding of the construction status of the Upper Valley Drainage Trail and our maintenance dilemma. The City' s Public Work' s Director has been fully advised of your concerns and has assured me that the appropriate remedies will be evaluated and implemented. Sincerely, Gary L. L u ent, Mayor City of Shakopee GLL:trw C: Barry Stock, Ass' t . City Adm. Dave Hutton, P.W. Director pis NON-AGENDA INFORMATIONAL MEMO MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Paving Requirements at Brambilla Motors MEETING DATE: September 6, 1994 Introduction: At the August 25, 1994, meeting, the Committee of the Whole discussed the paving requirements for Brambilla Motors. The purpose of this memo is to provide the background information regarding this issue. Chronology of Events: May 3, 1994 Staff received a complaint regarding recreational vehicles being parked on the Class 5 gravel area located south of the Brambilla Motors building. Planning Dept. staff requested that the Building Inspector perform an inspection of the site and take photographs. The Building Inspector took three photographs and verified that there were recreational vehicles parked on the Class 5. Planning staff sent Enforcement Letter No. 1 to Jack Brambilla informing him of the following violations: 1) Condition No. 3.d of Conditional Use Permit Resolution No. PC-638; 2) City Code Sec. 11.33, Subd. 3.S.5, and 3) City Code Sec. 11.33, Subd. 3.S.8. City Code Sec. 11.33, Subd. 3.S.5 requires that all driveways, parking areas and outdoor storage areas be paved, and Sec. 11.33, Subd. 3.S.8 prohibits outdoor storage except as specifically approved in a Conditional Use Permit review by the Planning Commission. Conditional Use Permit Resolution No. PC- 638 was approved by the Shakopee Planning Commission on June 5, 1992. The site plan submitted with the CUP application showed 13 parking stalls along the east property line, 10 parking stalls along the north property line (east of the structure), and 3 parking stalls along the western portion of the site. No other outdoor storage was proposed on the site plan. Condition No. 3.d of Conditional Use Permit Resolution No. PC-638 required paved, bituminous, or concrete surfaces for all parking and outdoor storage areas. May 6 Mr. Brambilla informed staff that he intended to blacktop the area in the summer of 1994. He stated that his intent was to request an amendment to the Conditional Use Permit to install a fence over 6 feet in height, and for approval to have outdoor storage on the Class 5. Staff verbally requested that Mr. Brambilla remove the vehicles from the south of the building until he received approval for an amendment to his permit. 1 May 11 Mr. Brambilla informed Planning staff that he wanted to pave the graveled area right away, and would begin as soon as his contractor was able to start. The City does not require permits for paving. Therefore, staff would be unable to monitor completion with this intention through the Building Permit process. However, during random inspections, it would be reported that the vehicles would be removed from the lot, would be parked there at a later date, and then would be removed again. Aug. 29 Planning staff inspected the site on August 29, 1994, at 10:30 A.M. This inspection revealed that recreational vehicles, along with cars and equipment, were once again being parked on the class 5 gravel lot. Violation Letter No. 2 was sent to Mr. Brambilla. {CITYCOUN\EN FBRAMB.906) 2 NON-AGENDA INFORMATIONAL MEMO MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner %` , RE: Semi-Trailer Parked at 2488 Hauer Trail MEETING DATE: September 6, 1994 Introduction: At the August 25, 1994, Committee of the Whole meeting, Eldon Reinke discussed some of the issues relating to zoning enforcement and provided a specific example regarding a semi- trailer parked at 2488 Hauer Trail. The purpose of this memo is to provide the background information regarding this issue. Chronology of Events: Dec. 28, 1992 Received anonymous complaint of semi-trailer parked in residential district at 2488 Hauer Trail. The complainant said that this semi-trailer had been at the site for at least 12 months. City records had the property owners listed as Cecil and Martha Buckmeier. Fulton Schleismann, Building Official inspected the site and took three photographs. Jan. 28, 1993 Photographs and Inspection Ticket were routed to the Planning Dept. Staff sent Violation Letter No. 1 to the property owner and requested that the trailer be removed by Feb. 10, 1993. February 3 Cecil Buckmeier called the Planning Department and informed them that he would be moving to Austin, Minnesota soon. They thought they had purchased a house on December 15, 1992, but they did not find out that the purchase fell through until January 15, 1993. He informed staff that they were currently loading the trailer for their move to their new home. He added that the trailer will be removed from the site by February 17, 1993, and stated that he would let me know if that date changes. Staff scheduled an inspection for February 18, 1993. February 16 Cecil Buckmeier informed Planning Department staff that the trailer would be removed on Saturday, February 20, 1993. Staff scheduled an inspection for February 22, 1993. Feb. 22, 1993 An inspection by the Building Official verified that the trailer had been removed from the site. A letter expressing the City's appreciation in resolving the violation was sent to the Buckmeiers. (CITYCOUN\EN FTRAIL.906) # Ici MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineerp/►tit) SUBJECT: Existing CSAH 18/Bloomington Ferry Bridge Project DATE: August 29, 1994 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL: Attached is correspondence from the County Engineer regarding the turnback of County State Aid Highway 18 to the U.S. Fish & Wildlife/DNR. This is for Council information. If Council has concerns regarding the turnback they should be directed to staff for action. DMN/pmp NONAGENDA SCOTT COUNTY BRADLEY J.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 20, 1994 Mr. Dave Hutton ir') Director of Public Works ✓o/ 91 City of Shakopee ,j 1/4441°11* 129 South Holmes St. r 99 Shakopee, MN 55379 CQ ?o Re: Existing CSAH 18 Bloomington Ferry Bridge Project Dear Dave: As part of the Bloomington Ferry Bridge project, existing CSAH 18 north of TH 101 and a new frontage road along the north side of TH 101 will be turned over to the U.S. Fish & Wildlife Service/DNR as a park access and pedestrian/bike trail. This segment would not be turned back under city street jurisdiction. The enclosed map highlights this segment. It was brought to the attention of the County Board of Commissioners that the City may have some concerns or questions on this turnback, i.e. police or fire protection. If you have any questions or would like additional information, please call. Sincerely, w?/**4‘4Q- Bradley J. Larson, P.E. • County Highway Engineer BJL/kmg Enc. An Equal Opportunity/Affirmative Action Employer ..- . - .. . . •-4 .:I•Z .,,,,...-- \ 1 ' ‘•,. ..,,,=----,_<:____-,-----.;>:,__;-------- ,.,)-• ...--A. •=--. \\\'‘'. ,-cN...„.„-..;- 5 0 cm A \ -----2-1:: -- — e:__-_-.-------- •',C"----':'n,' .. A . .... ..--2---.--- , r‘ --2-i-'ff'''''--- ----;.------"<-- ,,-•i ',....!` 1 .,•---/-71-ff--:-:"%;=:.',Y"---.--'•7-----------------'' -..."--' . '--"=''''' ,c..--..,...=:,...,.,- .,, ,, • `......,-,— _....., .,,,...„... 2.1-• -",-". ..,‘ , --. ........ \ —-- N it .. fr''^-,,, -' ,-- --.„,_.. S'4•'.4z9 -,o\ • (-) c , ...-_,-,-..-._ , - • c\ - • ,--_-::-___,-..._-_----_-:-, :-.,_ ..-,....__' c:-.:,,,,,, , .,,J \\,c_ , ._io ‘,, ,,,„_,,,„7,1.---im„,,. _ , ____-_,3•_-__-_-_-- r'177111Lii s 25"''',' T ' 0 ' : 0 , • 1 F azi , . ,,--- 7' 't .,cj....•••• ri , •. 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Hentges & Sons, Inc. P.O. Box 520 Shakopee, MN 55379 RE: 1993 Street Reconstruction Project No. 1993-7 Dear Steve: I have previously informed you that the City of Shakopee would be enforcing the Liquidation Damages Provision of the contract and now that the project is substantially completed (punch list items remaining) I would like to advise you of our intentions in this regard. Section 4 of the Special Provisions indicate that once the utilities are installed on a segment of street, the bituminous base must be completed within 14 days or liquidated damages of$100.00 per day would be levied._:_On June 27, 1994 I sent you a letter indicting that the 14 day period had expired on 8th:Avenue and that if the asphalt base was not placed within 10 days of my letter (or by July 7)-the $100.00 per day penalty would start. The bituminous base was not completed until July 27, 1994, twenty days past the deadline. Therefore, I am declaring liquidated damagesin the amount of$2,000.00 for this provision. Section 5 of the Special Provisions indicates the final contract completion would be August 1, 1994. Since -the,, actual_completion date of the project was August 5, 1994 I am declaring liquidated damages for 4 days at $200.00 per day or $800.00. The total amount of the above two items is $2,800.00. Since we received no-requests for contract deadline extensions, I feel that I have no choice but to comply with the contractual provisions. I will be directing the project inspector to include a penalty of 52,800.00in the next pay estimate.- If you disagree with this action, please submit a request to the City Administrator for the City Council to review and discuss this item. Thank you. Sincerely, / David E. Hutton, P.E. Public Works Director Co\'_1LNm PRIDE SL\CE 1857 2.,- —e,Stn., - __.•. '‘ „12 I V\ 2 4 Lc1 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVID HUTTON, PUBLIC WORKS DIRECTOR DATE: AUGUST 31, 1994 I have prepared a status update of the various projects or issues that I am currently involved in, which I submitted to you and my staff on August 29. I have taken several of the key issues from this report and summarized below. Per your request, I would like to offer a final recommendation on these in case the City Council desires to consider my opinion. No immediate action is need by Council as all of these items will be coming back to Council in individual, specific memos from Engineering staff. Downtown Alley Reconstruction/Electrical Undergrounding The City Council previously rejected bids on this project and directed staff to schedule a new public hearing on this with a more exact cost breakdown based on the actual bids. Engineering staff, SPUC staff and HDR Engineering have been working at preparing all costs and assessments for a new hearing. The design is essentially done, so the project can be bid at any time after the hearing. Recommendation: Schedule new public hearing this fall, so that the project can be bid early next year for the lowest bids. Sarazin Street/Roundhouse Circle Phase I (County Road 16 - 4th Ave.) is currently being designed by OSM. Sienna Development wants to start yet this year, but I don't think the City will get good bids this late in the year, especially since the design is not done yet. In addition, we need additional right-of-way from the KC Hall and Carl Lindstrand to complete project. Once the design has established the right-of-way limits needed, staff will go to Council for permission to do the appraisals, make offers, and possibly initiate condemnation if need be. Recommendation: Authorize appraisals and initiate condemnation for the right of way. 1 C.R. 16 Sewer and Water Engineering needs to get this design done this fall and out for bids ahead of the County project or concurrent with it for next year. With the existing staffing vacancies,the City's consultant may need to provide assistance to get the design done. The County will be lobbying for this to be included in their contract under a cost participation agreement, but I feel strongly that the City should be the contract administrator for the sewer and water portion(P.S. the County does not understand sewer/water construction). This will involve some coordination of the two contractors, but that would not be a big problem. The big design issue is where do we install sewer/water stubs or services to accommodate future development- especially large parcels(i.e. Gene Hauer,Valley Green, etc.). Once the road is constructed, the County will not let the City cut it open for utilities so we need to install all stubs/services now. SPUC won't allow water stubs because it is against their policies, but I feel they must waive their policy in this case. The Council may need to get involved in this issue. Recommendations: 1. Advise the County that the City will be constructing the sewer and water on CR 16 under a City contract and that the County should work cooperatively towards this effort and write in additional language in their contract to cover this. 2. Advise SPUC that all anticipated water stubs or services will be extended out to the right of way line of CR 16 as part of this project, whether the abutting land has been platted or not. Scherer Bros. Drainage Study A public hearing has been scheduled for September 20th to consider all of the drainage improvement alternatives. Pete Willenbring of OSM should attend the hearing to go through his feasibility report. Alternative No. 3 is the recommended option because this provides the ultimate public drainage improvements for the entire area. Engineering staff should prepare a staff memo and resolution ordering plans for the September 20th meeting. Another funding option for the City Council would be to use storm drainage utility funds on the entire project rather than any special assessments. Recommendation: Order the project as described for Alternative 3 and direct staff to prepare plans and specs for this project. Note: Only that portion of the project that is needed for the immediate development (Scherrer) needs to be constructed at this time. 2 Fuller Street/Apgar Street This project is on hold until the City Council and County Board reach agreement on the proposed costs. Engineering is not working on this project at the moment. Strgar- Roscoe-Fausch has been notified that their proposal to do the design has been tabled. Whatever the City costs are ultimately, the Council should utilize the existing special assessment policy to recover as much of the costs as possible. St. Francis Sewer and Water Engineering is still waiting for the watermain portion from SPUC. The sewer portion is basically done. Once the watermain portion is received, Engineering should finish the report as soon as possible and take it to Council to set public hearing. SEH can provide assistance for the sewer portion. This project needs to get designed and bid this winter in order to construct to keep up with the hospital's schedule. Engineering staff has been waiting almost a year for the watermain portion. Recommendation: Request that SPUC finalize the watermain portion ASAP so that the feasibilty report can be completed soon. SPECIAL ASSESSMENT HEARINGS The following projects have been completed and special assessment hearings should be scheduled this fall. The assessments must be adopted and certified to the County by November 30, 1994. o Valley Park 11th o VIP Extension o 1993 Street Reconstruction Project o Any other 1994 projects that get completed this fall 3 Pavement Management System $25,000.00 is budgeted in 1994 for Phase I. The RFP's should be approved by , Council and sent out to respective firms so the field surveys can be done in 1994. A second $25,000.00 was submitted in the 1995 budget to complete purchase of system. Recommendation: Authorize staff to send out the RFP's as soon as possible. Consultant Contracts The City currently has three general engineering contracts with consultants (OSM, Strgar-Roscoe-Fausch and William Engelhardt and Associates)which expire at the end of this year. Note: SEH is only hired for a specific project (Comp. Sanitary Sewer Plan). The City must decide whether to renew all or any of these or go out with RFP's for new consultants. Because of the staff vacancies and fact that a new City Engineer probably won't be hired for several months, I would recommend renewing these 3 contracts for one year to allow the department to get up to full staffing and provide staff the flexiblity to use outside consultants to get the projects designed for next years bidding. Renewing the contracts does not cost the City any money as each specific project must come back to Council for approval with an estimate of the design fees prior to using any of the consultants. Shakopee Basin WMO The City must appoint a representative to this organization to replace me and attend the quarterly meetings. The next meeting is September 13th at 4:00 P.M. at Jackson Town Hall. Eagle Creek Bluff Wetlands Appeal The City's decision to grant the approval to Klaus VanZee for their wetland replacement plan has been appealed by Trout Unlimited. BWSR will be addressing the appeal and a hearing has been scheduled for October 13th. The City cannot proceed with the approval of this plat until after a decision has been reached at this hearing. If the City desires my presence at this hearing that may be negotiable with the City of Savage. 4 Trunk Sanitary Sewer Fee Council ordered staff to prepare a policy to establish a trunk sewer fee. SEH has prepared alternatives and City staff has met to discuss the details of the policy. This issue should be going to Council within the next month. Underground Storage Tanks Due to the contaminated soils found near the tanks, additional testing and monitoring is required to obtained Petrofund reimbursement. The Finance department is handling this issue and has all the correspondence related to this. DEH/pmp UPDATE 5 c TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN September 8, 1994 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of August 4 , 1994 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . Other Business a. b. 6 . Adjourn Lindberg S. Ekola Planning Director NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN September 8 , 1994 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the August 4 and 11, 1994 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6 . 7 : 30 P.M. PUBLIC HEARING CONTINUED: 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. Applicant: Gold Nugget Development, Inc. 7 . 7 : 35 P.M. PUBLIC HEARING: To consider a text amendment which would modify the hours of operation for mining as a conditional use in the I-2 district. Applicant: City of Shakopee 8 . 7 : 40 P.M. PUBLIC HEARING: To consider an application for the preliminary and final plat for Monnens 1st Addition, lying east of Market St. and north of the 5th Ave. and Market St. intersection. Applicant: Jeff Monnens 9 . 7 : 45 P.M. PUBLIC HEARING: To consider amending the Comprehensive Sewer Plan in the Shakopee Comprehensive Plan. Applicant: City of Shakopee 10 . 7 : 50 P.M. PUBLIC HEARING: To consider amending the Stormwater Management Plan in the Shakopee Comprehensive Plan. Applicant: City of Shakopee 11. DISCUSSION: To review the conceptual site plan for the St. Francis Regional Medical Center. *12 . FINAL PLAT CORRECTION: To correct a lot dimension in the final plat of The Meadows 9th Addition. Applicant: Gold Nugget Development, Inc. 13 . Other Business A. B. 14 . Adjourn Lindberg S. Ekola Planning Director 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. CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR AUGUST, 1994 Respectfully Submitted David M. Nummer Staff Engineer 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 10% Work Started 8/29/94 5. Pierce Street 6/94 7/94 0% See Narrative Section 6. 1994 Sidewalk Program 7/94 9/94 0% See Narrative Section 7. Public Works Parking Lot 7/94 10/94 80% 8. Parking Lot(Pelham) 7/94 10/94 0% Part of Downtown Streetscape 9. Downtown Streetscape II 7/94 10/94 15% See Narrative Section 10. Alley-Block 48 7/94 10/94 0% 11. 11th Ave. Storm Laterals 6/94 9/94 80% 12. Vierling Drive,Adams St. 7/94 9/94 0% Work Started on 8/29/94 to Presidential Lane 13. Pavement Preservation 8/94 10/94 0% Will Start When 11th Ave. is Complete Category II-Projects in Design 1. Downtown Alleys 6/93 Done 100% See Narrative Section 2. Fuller Street 7/94 9/94 0% See Narrative Section 3. Viking Steel Road Et.Al. 7/94 9/94 20% 4. County Road 16 Utilities 7/94 11/94 30% 5. 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. 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 80% Base Course is in Place,Wear Next Year 3. Dominion Hills 6/93 9/94 35% Portions have Gravel Base 4. Stonebrooke 2nd Unknown Unknown 0% 1 PROJECT START COMPLETE STATUS COMMENTS Category IV - Private Subdivision Construction(Cont.) 1. Meadows 9th 10/93 9/94 95% Asphalt Wear Is Completed, Working on Mound Rd 2. Westridge Bay 2nd 10/93 9/94 80% Base Course is Completed 3. Homestead Ridge 5/93 9/94 80% Asphalt Base And Curb Completed Category V - Special Projects 1. Comprehensive Sanitary Sewer Plan 1992 7/94 100% Draft Plan Completed 2. Comprehensive Stormwater 2/93 7/94 95% Draft Plan Completed Management Plan 3. 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 95% 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) All work complete except minor clean-up items. 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. 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. 3 7. Public Works Parking Lot The base course of pavement is completed. Final lift should be placed by September 15, 1994. 9. Downtown Streetscape All underground utility work should be completed by September 9, 1994 and anticipate pavement by the end of September. 11. 11th Avenue Storm Sewer Laterals Construction has started on this project. All storm sewer pipe has been installed on this project. Curb & gutter has been installed and paving should be done by August 31, 1994. 12. Vierling Drive Project was started on August 29, 1994 and the site has been graded. 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 City's design consultants for preparing the plans. A cost participation agreement will be prepared between the City and County to cover all costs. 4 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. 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. 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. 2. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report is completed. Staff submitted the final report to all agencies in July. 5 3. 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 Pi°ILA! SHAKOPEE August 29, 1994 Mr. Darren Redetzke Mr. Bill Nichols Beckrich Park Estates Homeowner's Association 744 Cortland Circle Shakopee, MN 55379 Dear Gentlemen: I am writing you to summarize my August 26, 1994 phone conversation with Mr. Redetzke. I contacted the Scott County Highway Department on August 25, 1994, and inquired as to their response to your request. The County indicated that constructing a noise berm on the north side of County Road 78 would not be possible due to the fact that the right-of-way directly adjacent to Beckrich Estates is owned by Hennepin Parks, and is intended for use as a regional trail. The County did comment that if excess material was available on their construction projects, they would make that material available to you to construct a berm outside of the right-of-way. The County did not indicate if they currently had any fill available. The City's position is that we cannot perform any work within the County's right-of-way without a permit from the County. Being that the County will not let you construct the berm in the right- of-way, they are unlikely to allow the City to do the same. Therefore, we cannot assist in constructing a berm in the County right-of-way. The City would, however, encourage you to construct the berm on your property if you feel that this would alleviate the noise problem. The City will also alert you if a contractor has excess material which would be suitable for your purposes. I would like to remind you that the construction of a berm on your property will require a grading permit from the City. The purpose of the grading permit is to ensure that existing drainage patterns are not disrupted and to ensure compliance with the Wetlands Conservation Act of 1991. Comma_\m PRIDE Si_\ 1 Being that the City will not be taking any formal action on your request, I will not be taking this item to the City Council, as previously indicated by Dave Hutton. I will include your letter, along with a copy of this correspondence into the informational items for Council to make them aware of your situation. If you have any questions or comments, please contact me at 445-3650. Sincerely, A 71-24%,..... David M. Nummer Staff Engineer DMN/pmp BECKRICH cc: City Council Info Packet Dale Dahlke WILLA! SHAKOPE E August 19, 1994 Mr. Bill Nichols Beckrich Homeowners Association 744 Cortland Circle Shakopee, MN 55379 Dear Mr. Nichols: I am in receipt of your August 1, 1994 letter regarding a request for the City to construct a noise berm along County Road 78. I will be taking this request to the City Council for consideration at their September 6, 1994 Council meeting. Please be prepared to address the City Council on your concerns at that time. If you have any questions or comments, please contact the City's project engineer, Dave Nummer. Thank you. Sincerely, /,,xciz_._ David E. Hutton, P.E. Public Works Director DEH/pmp NICHOLS cc: Dave Nummer, Staff Engineer Co 1t\IT, PRfDE SI\CE David Hutton Director of Public Works 500 Gorman St. Shakopee MN 55379 Beckrich Park Estates Homeowners Association c/o Darren Redetzke - Secretary Bill Nichols - President 744 Cortland Circle Shakopee, MN 55379 August 1, 1994 Dear Mr. Hutton: I am penning this letter to you on behalf of The Beckrich Park Estates Homeowners Association. If you are unfamiliar with our development let me explain who we are and where we are located. Beckrich Park Estates is a development of 36 homes located north of County Road 78, west of County Road 17 and east of County Road 79. The homes in this development range in value from $170,000 to over $300,000. Our development has a great concern about the noise pollution cause by the increased traffic flow along Cty 78. We would like Shakopee's assistance in solving this problem. Before the straightening and paving of Cty 78 only a few cars a day would pass along our peaceful development. But since the completion of the road not only has the traffic increased 10 fold, but now we have 16 ton dump trucks, 18 wheelers, belly dumps and a various assortment of other large vehicles with inadequate mufflers driving past. Typically the traffic begins early in the morning, 5:00AM, and doesn't slow until way after dark, typically 10:30 to 11:00PM. Even on Saturdays, when most people are trying to relax with their families, a steady steam of noisy trucks and automobiles speed along the road and honk at golfers putting on the 16th green at Stonebrook Golf Course. While having conversations in our yards there has been times when normal conversations turn into shouting matches just so that we can hear each other. What we are requesting from the city, and county, is a noise abatement earth berm. We feel that the amount of dollars it would take to build such a berm is minimal when compared to the tax revenues lost due to a lot not being developed due to noise problems. We have contacted the county in regards to this matter and were told that the right-of-way on the north side of CTY 78 is being reserved for a possible trail to connect county parks. Please do not let this hinder your decision about constructing a noise berm, for we are 1 willing to have the berm constructed on our properties. If you would like to meet with our board to discuss this further please contact myself and I can set up an appropriate time and place. Thanks for your help in advance. We look forward to hearing from you soon. BAz Regards, / ,tk NI t,Uo ( en Redetz aBill Nichols Secretary President Beckrich Park Estates Beckrich Park Estates 1 Home Owners Association Home Owners Association cc: Beckrich Park Estates Board Members MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: August 25, 1994 RE: Police Civil Service Commission You asked a couple of questions regarding the Police Civil Service Commission. The questions and their answers are set forth below: 1 . Is a Police Civil Service Commission required? No. Minn. Stat . Sec . 419 . 01 provides that a police civil service commission "may" be created in any city by ordinance. Ours is recognized in City Code Sec . 2 . 31, adopted many years ago. 2 . Can a Police Civil Service Commission be eliminated? Only with great difficulty. Minn. Stat . Sec. 419 . 16 and 419 . 17 require that, in order to discontinue a commission, a petition "signed by 25 percent of the number of legal voters voting at the last general municipal election shall be filed" with the City Council and request that the question of abolition of the commission be submitted to the voters. The question then is submitted at the next general municipal election. The commission is abolished only if two-thirds of the votes cast in the election favor the abolition. 3 . Does the Police Civil Service Commission authority apply to all employees of the police department, or just the uniformed officers? All employees . Minn. Stat . Sec . 419 . 05 provides that "The commission shall have absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department of such city and these powers shall extend to and include all members of the police department . " Their authority covers all employees . A reference in Minn. Stat . Sec. 419 . 07 confirms that the control covers not only officers, but also an "employee other than a peace officer" . Likewise, our Police Civil Service Commission Rules and Regulations provide that they apply to all positions in the police department . Similarly, an employee is defined as including "all sworn and non- sworn employees of the Police Department of Shakopee, Minnesota. " If you have further questions, please let me know. Signed 400 Ac !7 Karen Ma ty, i Attorney KEM:bjm [2 5MEMO] cc : Tom Steininger TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Civil Service Status DATE: 08 24 94 INTRODUCTION: The following information is provided in response to concerns that arose at last night's City Council Meeting regarding the civil service status of Police Department clerical employees BACKGROUND: The first question posed dealt with the origin of the Shakopee Police Civil Service Commission. M.S.A. 419. 01 reads in part: "There may be created in any city, except a city of the first class, a police civil service commission with powers and duties provided in sections 419. 01 to 419 . 18. Any such city which may wish to avail itself of the provisions thereof shall do so by an ordinance expressly accepting the provisions thereof The City of Shakopee created the Shakopee Police Civil Service Commission in 1959 by passing Ordinance #189 . The second question posed dealt with which employees fall under the authority of the Police Civil Service Commission. M.S.A. 419 . 05 reads in part: "The commission shall have absolute control and supervision over the employment, • promotion, discharge and suspension of all officers and employees of the police department Throughout Chapter 419, references are made to "all offices and employments. . . .no officer or employee. . . .each office, position and employment. . . .any officer or employee" The only place in section 419 which deals with only sworn personnel is 419 . 15 which brings officers who are employed when a city creates a civil service commission under the authority of the commission. The intent of the statute clearly is to deal with all employees, not just sworn personnel. A third question which may come up deals with discontinuing the commission. Discontinuance requires a petition signed by 25% of the number of legal voters voting at the last general municipal election and a two-thirds majority of the votes at the general municipal election following receipt of such petition. -*a y September 1994 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 g 10 City Hall Closed 7:00pm City 7:30pm Planning Council Commission 11 12 13 14 15 16 17 4:30pm Public Utilities 18 1 g 20 21 22 23 24 7:00pm City 5:30pm 7:30pm Planning Council Community Commission Development Commission 25 26 27 28 2g 30 7:00pm Park & Recreation August Arc tober SM TW T F S SMTW T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 26 27 28 29 30 31 A4a(0, BUSINESS UPDATE FROM CITY HALL Vol. 8 No. 9 Dear Chamber Member: September 1, 1994 Administration Initially service would be provided during peak A.M. and P.M. commuter times. The new service could be On August 2, 1994 the Shakopee BRA selected to hire initiated as early as September 26, 1994. a contractor to install vinyl siding on the home that was given to the Cityb the Stans Foundation. Remodeling of the home continues to occur. Staff expects the Park and Recreation project to be complete some time in September. Staff is also currently evaluating options to pursue in terms The City of Shakopee has applied for a grant for the of disposing of the property once the improvements are redevelopment of Huber Park through the Outdoor complete. Staff expects several alternatives to be Recreation Grant Program. The proposed grant presented to the HRA for their consideration at their application that has been submitted will provide for September 6, 1994 meeting. improvements to the boat landing area and additional parking. General park landscaping will also be On August 2, 1994 the Shakopee City Council approved incorporated into the project. The maximum grant Rehab Grant Applications for the following properties: award is$50,000. The City must provide a local match Jerry's Bar, Tole Bridge, Real Gem Jewelry, Betti Lu's contribution in an amount equal to the grant allocation and the Masonic Lodge building (formerly Business if the project is approved. Outfitters). Each of the grant applications approved call for the property owners to install awnings on their In a related matter, the City has hired Brauer and building exteriors. All of the projects are expected to Associates to complete a conceptual design study for be complete this Fall. the Huber Park area. The conceptual designs include various improvements to the Huber Park area On August 16, 1994 the Shakopee City Council including the possible extension of Levee Drive. The authorized the appropriate City officials to take the final concept plan to be proposed would likely be necessary steps to complete a reorganization of several implemented over a five to ten year period. departments. The reorganization will provide for the creation of three new positions and the elimination of Recreation staff is currently taking registrations for a four positions. The proposed reorganization is Fall youth soccer program. The program is a six week projected to generate a savings of approximately$5,000 program that will be implemented during the second annually. Various aspects of the reorganization will week of September. The City received a $500.00 occur over the next 60 day time period. contribution from Inland Container to offset equipment and supply costs associated with this new program. Staff is optimistic that Shakopee residents will step forward to create a youth soccer association that can Community Development provide access to this program both during the summer and fall periods. On September 6, 1994 the Shakopee City Council will be considering the implementation of a new transit On August 16, 1994 staff requested City Council service component in shakopee. Staff is proposing that authorization to execute a Memorandum of the City work with Southwest metro Transit to Understanding by and between the City of Shakopee implement a commuter express service to downtown and Lifetime Fitness. Lifetime Fitness would provide Minneapolis. The service would also allow Shakopee the City of Shakopee with cost estimates and a floor residents to travel to Eden Prairie and the Mega Mall. plan for the construction of a community center in Shakopee. The facility components to be included in Police the community center would include, but not be limited to the following: Gymnasium, ice arena, leisure pool, For the twelfth consecutive year,the Minnesota Vikings community meeting rooms, racquetball courts, aerobic Crime Prevention car program is underway with 300 and fitness areas. Lifetime Fitness would also conduct participating law enforcement agencies distributing 2.1 a market analysis to determine whether or not the million "Trading Cards" over a 10 week period. Shakopee area could support such a facility. Finally, Lifetime Fitness would complete a three year financial The program is designed to develop relationships operating proforma for the facility components between young people and law enforcement officers. identified. Prior to entering into the Memorandum of public Works/En ' eerie Understanding, City Council directed staff to obtain g professional assistance to complete a financial due diligence on Lifetime Fitness's ability to complete the As we move from Summer into Fall, construction scope of work outlined above. Staff is optimistic that projects around the City speed up to get done before the due diligence analysis will be complete in early Winter. The Downtown Streetscape Project is September. Pending a positive outcome of the due proceeding on schedule, with the utility work almost diligence, staff expects that City Council will execute complete. Other projects currently underway are the the Memorandum of Understanding by and between 11th Avenue storm sewer laterals, Vierling Drive West the City of Shakopee and Lifetime Fitness. Phase I of of County Road 15, and the final clean-up for the 1993 this analysis could be complete as early as October 1st. Reconstruction Project. The Engineering Department Information generated from Phase I will be evaluated is also looking forward to beginning design on projects by City Council to determine how to proceed with this for next year. project. While we are excited about the end of the construction season and beginning new projects, we are saddened to Planning report the resignation of two of the Engineering staff, Jeff Swenson and David Hutton. BOAA Meeting 8-04-94 910 East 8th Avenue(Zom) Var.Front Setback Denied Jeff Swenson,Engineering Technician II served the city 1167 Van Buren St. (Karst) Var.Side Setback Approved for 5 years. Jeff was involved in project inspection, 1167 Van Buren St. (Karst) Var.Lot Coverage Denied auto cad design and mapping and wetland delineation. PC Meeting 8-04-94 Jeff is relocating to the City of Buffalo to take on a Scherer South PUD Preliminary Plat Rec. Approval head technician position. Scherer South PUD Final Plat Rec. Approval Zoning Text/Map Amendments Map Industrial Rec. Approval David Hutton, Public Works Director and City Zoning Text/Map Amendments Floodplain Regs. Rec.Approval Zoning Text/Map Amendments Extend Mining TabledRecommendation Engineer has been with the City for 6 years. Dave's Valleyfair Floodplain Rez. Rec.Approval leadership and technical background have helped the 220 West 3rd(Hobday) CUP(Chiropractor) Approved Engineering and Public Works Departments to grow Gold Nugget Dev.,Inc. Rezone AG to R2 Rec. Approval The Meadows West Addn. Preliminary Plat Continued Public Hearing and flourish. Dave will be leaving the city to take on Princess Marble Vacate Road, etc. Rec. Approval being the Public Works Director in Savage. Vacate Hauer Trail Vacate portion Rec. Approval Other Items Before the Planning Commission Both Dave and Jeff will be surely missed, and we wish Overview of Comp. Plans Other Business No Action them the best in their new careers. Overview of Design Review Other Business No Action Street Width Policy Other Business No Action Set date for Shiely Co. visit Other Business Aug. 10, 1994 Note: Due to the length of the attachments they have not been included with the Non-Agenda Info. items. If you wish to view or receive a complete pack of attachments contact Barry. September 1, 1994 Jackson and Louisville Board Members Dear Township Officials: On Tuesday,August 30, 1994 the Jackson and Louisville Township officials met with the City Council to discuss the appropriate level of contributions to collect from the townships to offset the City of Shakopee recreation costs. At the meeting, it was explained that the original $3.00 non-resident fee that Jackson and Louisville Township paid was based on the following formula: Recreation Expenditures minus revenues times the ratio of participants per activity among: 1.)Jackson Township, 2.)Louisville Township, 3.) City of Shakopee and, those outside all three jurisdictions. The original $3.00 non-resident fee paid by Jackson and Louisville Townships since 1992 was based on 1989 program participants and 1990 recreation expenditures and revenues. The non-resident fee paid by other persons outside Jackson and Louisville Townships has been increased from $3.00 in 1990 to $5.00 in 1992 to $10.00 in 1993. This fall, the Shakopee City Council will be considering another adjustment to the non-resident fee in conjunction with adopting the 1995 fee schedule. It is likely that the non-resident fee will once again be increased. For calendar year 1995, the contribution amount to be paid by Jackson and Louisville Township will be kept at the level paid in 1992, 1993, and 1994. (Jackson - $2,700 and Louisville - $1479.00) At the next general Township Membership Board meeting which is typically held in March, the Shakopee City Council would like to request that the Township officials review and determine a new contribution amount that is consistent with the formula that was utilized in 1990 to determine a base cost for service. Consistent with the memorandum that was presented at the joint meeting,the 1995 proposed amount to be paid by the Townships based on the aforementioned formula would be as follows: Jackson - $7,785.28;Louisville-$4,017.20. If the Township officials believe another methodology should be implemented, it would be beneficial to schedule a joint meeting with the City Council prior to your general membership meeting in March to discuss alternative formulas. This would give you time to prepare a presentation for your constituents that will meet with the approval of City Council. Shown in Attachment #1 is a copy of the proposed 1995 recreation budget. The attachment also includes the 1994 budget and actual budget amounts for 1992 and 1993. Staff is proposing to utilize 1993 as the base year for determining contribution amounts for calendar years 1996- 1998 consistent with the memorandum presented at the joint meeting held on August 30, 1994. Shown in Attachment#2 is a listing of all revenues collected by the City for recreation programs by program activity in 1993. Shown in Attachment#3 is a 1993 registration participant list for your Township. The registration master list was utilized to determine the number of program participants for Jackson Township in 1993. Note that under the activity section on the registration master list is a coding for the appropriate activity that was registered for by the individual participant. Shown in Attachment #4 is a coding sheet which identifies the abbreviations associated with each program activity. I would be happy to meet with the Township Boardmembers at one of your upcoming board meetings if you have any questions regarding the City's recreation programs. I will be in contact with you in early January to determine if you require any additional information and/or would like to schedule a joint meeting with City Council prior to your March general membership meeting. If you have any questions prior to that time, please feel free to call me at 445-3650. Sincerely, Barry A. Stock Assistant City Administrator/ Community Services Director Enclosures (4) BAS/tiv lt;C) MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: This Old House Program - Non Agenda Informational DATE: September 1, 1994 INTRODUCTION: Staff has received correspondence from the Scott County Assessor' s office with respect to the administration of the "This Old House" law. Staff would like to simply make Council aware of some of the issues associated with this new legislation. BACKGROUND: Minnesota Statute 273 . 11, Subd. 16 & 18 provides exemption from the property tax for all or a portion of the value of improvements made to homes 35 years of age or older. This law is commonly referred to as "this old house" . The legislation was enacted in 1993 and made effective for improvements made through January 2, 2003 . In 1994, the Minnesota Legislature made several amendments to the "this old house" law in order to clarify issues that the 1993 enactment was silent on. The law is designed to provide owners of older and deteriorated homes with an incentive to restore or renovate their houses. In turn, it is hoped that this will ultimately lead to the preservation or revitalization of older neighborhoods and cities, and the restoration of aging homes in rural communities . Shown in attachment #1 is a listing of the eligibility requirements and qualifying classes of property for this program. Persons who meet the eligibility requirements are required to complete an application form to apply for the value exemption. The Building Department staff will be sharing the program guidelines associated with this program with persons in Shakopee who are engaging in building improvements to their property consistent with the eligibility criteria. If Council wishes to obtain a complete information packet regarding the program, please feel free to contact me. DORTOH94 Exemption From The Property Tax Of Improvements Made To Homes 35 Years Of Age Or Older -- Read the following information before completing the application for exemption-from-the property tax of improvements made to homes 35 years of age or older. Minnesota law encourages property owners to restore or renovate their older homes. This law,-commonly.referred to as "This Old House" exempts from the property tax all or a portion of the value of improvements made to homes 35 years of age or older. TYPES OF PROPERTY ELIGIBLE;FOR THE EXEMPTION In order to be eligible for exemption,the property must meet the following three criteria: 1. Property must be 35 years of age or older at the time the improvements commence. 2. Property must be receiving the homestead classification. This includes property classified as residential homestead (including duplexes and triplexes)blind/paraplegic veteran/disabled homestead and agricultural homestead. Relative homesteads are eligible for the exemption. 3. The total market value of the property must be less than$150,000 (residential: land and buildings; agricultural: . house/garage/1 acre). In special circumstances, a property with a total market value of$150,000 or more but less than $300,000 may qualify for the exemption. In these instances, your assessor will help you determine if your property is eligible for the exemption. Properties with a total market value of$300,000 or more do not qualify forthe exemption. If your property is a condominium and your living unit is receiving the homestead classification, any improvements made to the unit would qualify for the exemption. Improvements to common areas are not eligible. If your property is a duplex or triplex and it is receiving the homestead classification, improvements made to any portion of the property qualify for the exemption from the property tax. If your property is used as a homestead and for a non-residential use,the exemption applies only to improvements made to the residential portion of the property receiving the homestead classification. For example, if your property is used both for a residence and for a business,the exemption applies only to the improvements made to the homesteaded residential portion of your property. TYPES OF III PROV 1N ENTS.THAT..QI) LTF'1'FOR>THE EJ"E I Ol .. ..:.... Only improvements that contribute a minimum value of$1,000 or more to the house or garage of a_property classed as homestead during the year of the improvement qualify for the exemption from the property tax. This includes improvements such as additions to the existing house and garage, expansion of the existing house and garage, restoring,remodeling or upgrading of the existing house, addition of a porch or deck or construction of a new garage. Please"note that the area qualifying for construction of a garage is limited to 600 square feet. TXFES OF IMPRO YEMENTS;THATDO N OT.QIJALIFY.FOR EXEMP 'ION:........ Improvements made to the site surrounding the home do not qualify for exemption. This includes such improvements to the site as: construction of a fence, construction of a driveway, installation of a lawn sprinkler system, installation of a swimming pool or tennis court, landscaping of the grounds, agricultural buildings. If more than 50 percent of the square footage of a house is torn down or razed, the original house is deemed to no longer exist, and any subsequent improvements made to the remaining structure are considered to constitute the construction of a new house. As a result, the value of any improvements would not qualify for exemption. If any combination of improvements double the original size of the structure, any improvement that further increases the size of the structure will not qualify for exemption. v LIMITATIONS `. ...... .. There is a limit to the dollar value of the improvement which may be exempted. The limit depends on the age of the property. Houses that are less than 35 years of age do not qualify. Houses that are at least 35 years of age but less than 70 years are limited to one-half of the value of the improvement up to a maximum exemption of$25,000. Houses that are 70 years of age or older are eligible to have the total value of any improvements exempted up to a maximum of $50,000. The age of the house is based upon the number of years that the qualifying residence has existed on its present • site. COST OF IMPROVEMENT VS. THE VALUE INCREASE TO THE PROPERTY Although the cost of improvements may be substantial. the actual value..added can be significantly less. This can be largely attributed to three factors: • Often times, improvements made to a house, particularly an.older_house,constitute routine maintenance and do not cause the valuation to increase. Reshingling a roof.painting.thehousei,repairing.afoundation, replacing a plumbing fixture are all examples of improvements that would not.ordinarily result in.a value increase. • Improvements made to an individual's home often timesreflectthatparticularindividual's personal likes or interests and most times the cost cannot be recovered when a property is sold..Addinga-sauna, a greenhouse or an indoor swimming pool would all be examples of improvements that t}pically.add;less-value,than their cost. • Improvements made to different areas of a house typically resuit.in..greater_orlesser returns. It is a well established appraisal principal that remodeling or improving a house's service areas(kitchen,laundry and bathroom)will generally yield the greatest return to the owner. Expenditures.suchas fnishing_basements.or attics will generally produce the smallest return. Although these considerations may vary from house to house and marketto market, in almost no instance is it possible to receive a dollar for dollar return between cost and value added to the-house. SALE OR.TRANSFER 4F.OWNERSHIP 41E�; !aPERTIF;... ...:. .:... Under the law, a property owner must disclose to prospective buyers whetheranyimprovements made to a home are exempt from the property tax. Additionally, sellers are also-required to-Notify buyers that the exemption will terminate when the property is sold. If you sell your property, only improvements made by the buyer_:after the'closing date of the,sale are eligible for the exemption. If the property loses its homestead status the exemption expires as:of the next assessment date. If the name of one of the owners of the property is removed from the-title to the property as a-result of a separation or divorce, or if a name is added to the title of the property as a result of amarriagethe improvements continue to qualify for the exemption. If you transfer the title to the property to someone else, but retain alife..estate in and continue to receive the homestead classification on the property,the improvements continue to qualify-for.the:exemption. If-you transfer title to a related person or persons as a gift or inheritance, the exemption expires as7.of the nextassessment date. In general, as long as you,the owner of the homestead, made the improvements to the house, maintain the property as your principal residence and retain an ownership interest or control of the.property,.the improvements continue to qualify for the exemption. If you live in a city or town that requires building permits, you must obtain'a building permit for construction of the improvement before the work commences. In addition you must complete a separate application for value exemption before the next assessment date. If you do not obtain a building permit before construction begins,the improvements are not eligible for exemption. If you live in a city or town that does not require building permits, you must make application for exemption before the improvement is begun. The exemption may be applied to no more than three separate improvements made-to the house and garage. All improvements listed on a single building permit or an,ap.plication for the exemption constitute a single improvement. In either case,if more than three separate improvements are planned you must choose which improvements you want to qualify for the exemption. Once an improvement has been designated for exemptionjtcannotbe repealed or replaced by a later improvement. If you need additional information please contact your assessor's office. CITY OF SHAROPEE BUILDING ACTIVITY REPORT - AUGUST 1994 August 1994 August 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 12 107 9 , 854 , 939 9 96 8, 087 ,812 Single Family-Septic - 14 2 , 827 , 889 6 22 2 , 809, 499 Multiple Dwellings - 4 1, 193 , 504 1 14 2 , 397 , 322 (# Units) (YTD Units) (-) (16) - (4) (38) - Dwelling Additions 8 106 435, 275 10 67 330, 273 Other 2 14 1, 446, 828 2 11 40, 731 New Comm. Bldgs - 10 1, 317,716 1 4 8,978,395 Comm. Bldg. Addns. - 2 250, 000 - 3 159, 750 New Industrial-Sewered 2 2 1,770, 000 2 2 6, 364,940 Ind. Sewered Addns. - 1 600, 000 1 2 17,549,300 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 8 31 288, 001 4 26 416, 330 Signs & Fences 8 78 126, 346 7 67 97, 001 Fireplaces/Wood Stoves 3 9 16, 259 2 6 13,200 Grading/Foundation 2 13 709, 970 3 6 210,500 Moving - 3 - - - - Razing - 3 11, 150 - 7 73 , 813 Remodeling (Res. ) 6 34 178,767 5 22 140,713 Remodeling (Comm/Ind. ) 3 28 2, 344, 019 4 39 2 , 407, 608 TOTAL 54 459 23 , 370, 663 57 394 50, 077, 187 No. YTD. No. YTD. Electrical 57 386 41 400 Plumbing & Heating 64 505 61 452 Total dwelling units in City after completion of all construction permitted to date 5, 143 44 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN AUGUST, 1994 10770 Novak Fleck 1683 Sage Lane House 75,520 L 15 B 2, Meadows 9th 10771 Vernon Karst 1167 Van Buren Street Addition 20,466 10772 Barbara Messerich 1507 Thistle Lane Fence 700 10773 Clete Link Const. 615 So. Sommerville Garage 11,520 10774 Olson Company 3253 East 4th Avenue Foundations 128,400 10775 Olson Company 3253 East 4th Avenue Signs 23,000 10776 Gary Bergquist Dominion Hills Sign 700 10777 Fendler Const. 132 East 5th Avenue Remodel 31,700 10778 R. J. Ryan Const. 4471 Valley Ind. Blvd. So. Office/Warehouse 1,540,000 10779 Joel Rissell 2063 Vierling Dr. West Deck 1,400 10780 Morris Oldfather 1113 Austin Court Garage 7,296 10781 Novak Fleck 1658 Thistle Lane House 94,036 L 6 B 2, Meadows 9th 10782 CCRCC 2360 Muhlenhardt Road Remodel 15,000 10783 King Homes 1284 Swift Circle Remodel 7,800 10784 Douglas Hohenstein 1463 Primrose Lane Deck 1,500 10785 Jeff Monnens 447 South Market Garage 11,264 10786 Tim's Landscaping 3900 Hwy 101 Grading 2,500 10787 Novak Fleck 658 Mound Street House 73,793 L 1 B 2, Meadows 9th 10788 Novak Fleck 698 Mound Street House 91,971 L 3 B 2, Meadows 9th 10789 Jason Zander 1030 Eastview Circle Deck 1,372 10790 T. E. Ibberson 800 West 1st Avenue Storage Bin 600,000 10791 Novak Fleck 659 Mound Street House 89,125 L 12 B 1, Meadows 9th 10792 Vernon Karst 1167 Van Buren Garage 6,912 10793 Detail Home Builders 1167 Heritage Drive E. House 111,126 L 3 B 3, Heritage Place 3rd 10794 Allied Fireside 1145 Menke Circle Fireplace 1,286 10795 Allied Fireside 2147 Parkridge Drive Fireplace 1,310 10796 Karen Wallerius 134 East 4th Avenue Remodel 484 10797 David Makis 520 East 3rd Avenue Fence 450 10798 Northfield Const. 428 South Holmes Re-.odel 90,000 10799 Dean Gillespie 1304 E. 11th Avenue Deck 4,424 10800 Laurie Zimmerman 2460 Marschall Road Horse Barn 15,000 10801 John Bauman 218 West 8th Avenue Window 300 10802 Novak Fleck 1677 Thistle Lane Hc'.:se 86,384 L 4 B 3, Meadows 9th 10803 Mitchell DuBois 1086 So. Madison Patio Door 700 10804 Joseph Suel 1065 Legion Street Porch 9,500 10805 Novak Fleck 1637 Thistle Lane House 85,470 L 5 B 3, Meadows 9th 10806 Novak Fleck 1758 Thistle Lane House 91,100 L 10 B 2, Meadows 9th 10807 Larry Lacy 2140 Heritage Drive Garage 3,840 10808 Elander Mechanical 591 Citation Drive Office/Shop 230,000 10809 Mike Menke 1585 Monarch Street House 183,333 L 8 B 2, Homestead Ridge 1st 10810 Monnens Custom Bldrs. 1505 Monarch Street House 172,511 L 5 B 2, Homestead Ridge 1st 10811 Griggs Contracting 3900 Hwy 101 Storage Tank 15,000 10812 Phyllis Haugen 1166 Harrison Street Fence 1,000 10813 John DeLacey 605 Lewis Street Fence/Deck 300 10814 David Pistulka 414 West 5th Avenue Garage 12,288 10815 Frank Kohout 2152 Murphy Avenue Fence 1,100 10816 Novak Fleck 1676 Primrose Lane House 90,887 L 18 B 3, Meadows 9th 10817 Bill Cooper 1357 Blue Heron Trail Garage 19,200 10818 Richard Dugan 314 Shawnee Trail Remodel 5,000 10819 Steve Dahl Const. 1443 Sage Court Porch/Deck 11,992 10820 Alan Hohenstein 1042 Pierce Street Gas Stove 800 10821 Gary Bergquist Dominion Hills Sign 700 10822 Tracy Barr 763 Lupine Court Fence 1,717 10823 VSI Construction 327 So. Marschall Road Canopy 10,000 Total: $4,093,177 Sad MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, Planning Director RE: City Council Review of Variances DATE: August 30, 1994 NON-AGENDA INFORMATION ITEM: The Board of Adjustment and Appeals reviews and decides upon variance requests to the Zoning Ordinance. Each variance request is tested against the established criteria established in the Zoning Ordinance which are attached. Criteria #1 relates to the physical characteristics of the subject site. The Board looks at the property in question with regards to its size, shape, topography, or other circumstances which affect its reasonable use. Circumstances include irregular shaped parcels, large rock outcroppings, or areas containing wetlands or floodplains. Criteria #2 relates to the equity of the ordinance as it applies to other properties in the same zoning district. It is the intent of the ordinance to treat all property owners within a given district equally. Criteria #3 prohibits variances if the request is due to actions of the applicant. This criteria is intended to keep applicants from taking actions which affect the use of their property in a way which would necessitate variances. For instance, a variance should not be granted when a property owner grades property in a fashion which would necessitate locating buildings closer to a neighbor's property than the zoning ordinance setbacks would normally allow. Criteria #4 is closely related to Criteria #2 in that it is intended variances not provide special privilege to a property owner. Variances may not be granted to give a property owner an economic advantage in developing the property or increasing property values. Criteria #5 provides that if a hardship is found, the variance granted must be the minimum that will alleviate the hardship. Applicants often can reduce the variance request significantly by redesigning their proposal. Criteria #6 relates to maintaining the integrity of the Zoning Ordinance. The Board needs to be cognizant that its decisions can set precedence for future variance requests. § 11 . 04 S •d. 3. Ins•ection. All permits issued hereunder shall be subject to reviewal, inspection, and assi• ment of grade and street number by the City Engineer and/or the Building Inspector, or other •-signated officials. Subd. 4. • seals. A. ' e Board of Adjustment and Appeals shall determine by resolution and in ha_ • ony with the general purpose of this Chapter and the Comprehensive Plan of th- City, all appeals for any order, requirement, permit, or decisions made by the Ci •dministrator under this Chapter and from any interpretation of the text of this Ch-•ter; and from any determination by the Administrator as to the location of the boun•=ry of a zoning district as shown on the Zoning Map. B. At any one time 'thin seven (7) days after the decision of the City Administrator under the provision of this Chapter, except in connection with prosecutions for violations thereof, the =•plicant or other person or officers of the City thereby may appeal to the Board of • •justment and Appeals by filing a written notice to the City Administrator stating 'e action. C. Before any determination of an -ppeal from action by the City Administrator, a public hearing shall take place a the Board of Adjustment and Appeals' next regularly scheduled meeting. Befo - which required notice can be given as required in Subparagraph D hereof. D. Notice of the hearing before the Board of Add► tment and Appeals shall be mailed to all appellants. In all cases involving determi -tion of district boundary lines, or interpretation of the text of this Chapter not les than ten (10) days published notice of hearing in the official newspaper shall be dven. E. The Board of Adjustment and Appeals may reverse or irm wholly or partly, or may modify the order, requirement, decision, or determin- ion as in its opinion ought to be made in the premises and to that end shall have - the powers of the officer from whom the appeal was taken and may issue or dire the issuance of a permit. The reasons for the Board of Adjustment and Appeals •ecision shall be stated. F. All decisions by the Board of Adjustment and Appeals are final subject to -ppeal to the Council. Appeals to the Council require public hearing, as stat-d in Subparagraph D hereof; all decisions by the Council are final. Subd. 5. Variances. A. Criteria for Granting Variances. 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 this land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, 1993 ed. 1087 § 11 . 04 and result from lot size or shape,topography,or other circumstances over which the owners of property since enactment of this Chapter have had `r no control. 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. 3. That the special conditions or circumstances do not result from the actions of the applicant. 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. 5. The variance requested is the minimum variance which would alleviate the hardship. 6. The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. B. Additional Conditions. In granting a new variance, the Board of Adjustment and Appeals may impose, in addition to the standards and requirements expressly specified by this Chapter, additional conditions which the Commission considers necessary to protect the interests of the surrounding area and the health, safety and general welfare of the community as a whole. Additional restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. C. Procedure. 1. An application for a variance shall be filed with the City Administrator on the appropriate forms stating the exceptional conditions and the peculiar difficulties claimed. A site plan must be attached at a scale large enough for clarity showing the following information: (a) Location and dimensions of: lot, building, driveways, and off-street parking spaces. (b) Distance between: building and front, side, and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. (c) Location of: signs, easements, underground utilities, septic tanks, tile fields, water wells, etc. (d) Any additional information as may reasonably be required by the Administrator and applicable Sections of the Zoning Chapter. 1.993 ed. 1088 *33 Monthly Progress Report Planning Department August 31, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration 1. 1995-1999 CIP 3/01/94 9/30/94 90% Committee of the Whole Review 2. File System Reorganization 4/15/94 9/30/94 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% Phase I Completed 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 8/01/94 8/31/94 Ongoing 49 Residential permits 3 Commercial permits 2 Industrial permits 2. Planning Reports 8/01/94 8/31/94 Ongoing 3 Variances 0 Appeal of BOAA 2 CUPs 0 CUP Reviews 2 Preliminary Plats 1 Final Plat 0 PUDs 2 Rezoning 2 Vacations 0 Minor Subdivisions 0 Comprehensive Plan Amendments 3 Text / Official Map Reviews 3. Enforcement 8/01/94 8/31/94 Ongoing 5 Zoning Code Violations 2 Resolved Violations Management Information Systems (MIS) 1. GIS Stage One 10/01/93 12/31/94 10% Awaiting Digitizing 2. Evaluate Scheduling Software 5/01/94 10/01/94 25% In progress 3. Network Security 5/01/94 10/01/94 5% Waiting on Input 4. Quarterly Staff Work Program 5/20/94 9/15/94 50% In Progress 5. MIS Database Development 7/7/94 12/31/94 10% Beginning 6. Project Mgmt. Database 8/01/94 12/31/94 10% Building Forms 7. Windows Training/Evaluation 8/15/94 10/01/94 10% In Progress 8. Install Windows (City wide) 8/01/94 3/01/95 10% In Progress {WP51\DOCS\TERRIE\PCREPORT.AUG}9/1/94 Monthly Progress Report Planning Department Continued BOAA / PC Meeting 8-04-94 BOAA Meeting 8-04-94 910 East 8th Avenue(Zorn) Var.Front Setback Denied 1167 Van Buren St. (Karst) Var.Side Setback Approved 1167 Van Buren St.(Karst) Var.Lot Coverage Denied PC Meeting 8-04-94 Scherer South PUD Preliminary Plat Rec. Approval Scherer South PUD Final Plat Rec. Approval Zoning Text/Map Amendments Map Industrial Rec. Approval Zoning Text/Map Amendments Floodplain Regs. Rec.Approval Zoning Text/Map Amendments Extend Mining Tabled Recommendation Valleyfair Floodplain Rez. Rec. Approval 220 West 3rd(Hobday) CUP(Chiropractor) Approved Gold Nugget Dev.,Inc. Rezone AG to R2 Rec. Approval The Meadows West Addn. Preliminary Plat Continued Public Hearing Princess Marble Vacate Road,etc. Rec. Approval Vacate Hauer Trail Vacate portion Rec. Approval Other Items Before the Planning Commission Overview of Comp. Plans Other Business No Action Overview of Design Review Other Business No Action Street Width Policy Other Business No Action Set date for Shiely Co.visit Other Business Aug. 10, 1994 PC Meeting 8-11-94 Rahr Malting Company CUP(Overheight) Approval Other Items Before the Planning Commission Comp. Plan Land Use Strat. Discussion No Action Hwy.Commercial Standards Discussion Consensus for Support 1WP51\DOCS\TERRIE\PCREPORT.AUG} 9/1/94 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 6, 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] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) *9] Approve Minutes of August 2nd, 16th, 23rd, 25th, 1994 10] Communications: a] Joe Klug regarding Upper Valley Drainage System b] Sportsmen's Coalition for a Clean Minnesota River 11] 7 : 00 P.M. PUBLIC HEARING on an appeal from Burl and Mary Zorn of the Shakopee Board of Adjustment and Appeals' denial of a variance from the front yard setback requirements 12 ] Recommendations from Boards and Commissions: a] Appeal Res. No. CC-689 - Approving Variances To The Sign Ordinance For CAN AM Recreational Vehicles - tabled August 16th b] Transit Circulator (Memorandum of Understanding) 13 ] Reports from Staff: *a] Vacant Clerical Position - Planning Department *b] Hiring Clerk Typist for Police Department c] Murphy's Landing Improvements d] Murphy's Landing Lease Amendment TENTATIVE AGENDA September 6, 1994 Page -2- 13 ] Reports from Staff continued: *e] Approve Bills in the Amount of $172 , 314 . 43 *f] Appraisals for Sarazin Street Project, Project 1994-10 *g] Viking Steel Road Appraisals *h] Contract with OSM Engineering for Interim Engineering Services i] Design Fees for Vierling Drive *j ] Planning Department Computer Purchases *k] Probation Termination for Paul Bilotta *1] Premises Permit - Prior Lake Lions Club - Res. No. 4085 *m] Contracts for Recording Secretary *n] Parking Limitation on the West Side of Lewis Street Between 5th and 6th Avenues o] Set 1995 Budget Hearing Dates 14] Resolutions and Ordinances: *a] Res. No. 4081 - Consenting To An HRA Tax Levy *b] Res. No. 4082 - Setting Proposed Maximum 1994 Tax Levy, Collectable In 1995 *c] Ord. No. 385 - Exempting Used Book Exchange From The Secondhand Dealer's Licensing Provisions *d] Res. No. 4083 - Amending Conditions Of Approval For Scherer Bros. Planned Unit Development *e] Res. No. 4079 - Authorizing Execution Of A Cooperative Construction Agreement With MN/DOT *f] Res. No. 4078 - Declaring Costs To Be Assessed And Setting Public Hearing On Proposed Assessments for Valley Park 11th Addition *g] Res. No. 4080 - Amending Recreation Budget *h] Res. No. 4063 - Acting City Clerk - tabled 8/16 *i] Res. No. 4084 - Acting City Administrator 15] Other Business: a] b] c] 16] Adjourn to Tuesday, September 20, 1994 at 7 : 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting September 6, 1994 1 . Roll Call at 7 : 00 P.M. 2 . Approve minutes of the August 2, 1994 . 3 . Possible TIF Assistance for St . Francis Regional Medical Center 4 . 1995 Tax Levy and Budget Adoption Resolution No. 94-3 5 . Rehab Grant Program Application - Bills Toggery 6 . Disposition of Property Stans House 7 . Other Business a) b) 8 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 2,- 1994 Chrmn. Lynch called the meeting to order at 7: 03 p.m. with Comm. Beard, Dirks, Sweeney and Mayor Laurent present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, City Engineer, and Judith S. Cox, City Clerk. Sweeney/Beard moved to approve the Minutes of July 12, 1994. Motion carried unanimously. Mr. Stock gave a presentation on the Stans House Exterior Improvements. He discussed two quotes he received regarding the exterior for vinyl siding. He gave a brief summary of the proposals from Minnesota Exteriors, Inc. and J.W. Construction. Minnesota Exteriors, Inc. gave the lowest bid which was in the amount of $7620. Mr. Stock also spoke on a painting bid he received from Kent Harrison Stearns Decorating for the exterior painting which was in the amount of $7600. He stated that staff recommends going with the bid from Minnesota Exteriors, Inc. Sweeney/Beard moved to accept the bid of Minnesota Exteriors, Inc. of $7620 for the vinyl siding. A brief discussion was had regarding the decision of having all this work done or if it would be a better idea to have sweat equity available for the buyer. Comm. Dirks stated she would like to target a low income family who would not have' the funds to do additional improvements on the house. Chrmn. Lynch stated that the original goal was to target a low to moderate income family. Mr. Kraft stated that probably a moderate income family will be able to purchase this home. Motion carried unanimously. Sweeney/Laurent moved to direct staff to enter into whatever agreements are necessary with the CAP agency to expedite the sale of the property to a low or moderate income family. Motion carried unanimously. OTHER BUSINESS: Ms. Marty stated that she needs to get HRA approval on the torrens in order to get the Rutt property issue resolved. Therefore, she asked the HRA to assent to the registering of the property. Sweeney/Beard moved to authorize the HRA officials to sign the assent to register title to certain land (Rutt property) . Motion carried unanimously. Chrmn. Lynch adjourned the HRA meeting at 7: 29 p.m. Dennis R. Kraft Executive Director Lisa Anderson Recording Secretary 3 MEMO TO: Honorable HRA Chair and Commissioners FROM: Dennis R. Kraft, Executive Director RE: Possible TIF Assistance for St . Francis Regional Medical Center DATE: September 1, 1994 INTRODUCTION: Attached is a letter from Mr. Don Leivermann, the President of St . Francis Regional Medical Center (SFRMC) , requesting assistance for the disposition of the current SFRMC facility. BACKGROUND: This letter describes initial plans for the new SFRMC facility on Highway 17 and by-pass . Obviously, when St . Francis moves into the new facility they will have a need to dispose of the existing facility. At this time they are formally requesting our assistance in aiding them in the disposition of the existing facility. More specifically, they are requesting a letter indicating that the HRA would work with St . Francis on the disposition of the facility. It is their intent to use copies of this letter to assist them in their marketing efforts on the existing facility. They are also desiring financial assistance in the form of establishing a TIF District in order to help the future purchaser in financing the acquisition or renovation of the facility. I have discussed this matter with Mr. Leivermann and I have told him that the HRA will need to know who the purchaser/user is going to be and also we will need to know the value of the facility in order to determine what kind of tax increment assistance might be available. I have also informed Mr. Leivermann that if the user is a public entity or a non-profit that does not pay taxes there obviously would be no tax increment possibilities. At this time I believe what SFRMC is looking for is an indication of whether the HRA would be willing to establish a TIF District if a suitable purchaser/user could be found. RECOMMENDATION: It is recommended that the HRA indicate that they would be willing to provide tax increment assistance for the disposition of this facility provided that a suitable buyer could be found and that the Executive Director be directed to send a letter to SFRMC indicating support by the HRA in assisting them with disposing of their existing facility. ACTION REQUESTED: Move to direct the Executive Director to prepare a letter of support by the HRA for the disposition of the SFRMC existing facility; and Move to indicate to St . Francis Regional Medical Center an indication of support in establishing a Tax Increment District in order to facilitate the disposition of the existing facility, provided that a suitable tax paying user can be found. 41. St.Francis REGIONAL MEDICAL CENTER August 18, 1994 Mr. Dennis Kraft Executive Director, HRA City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Dear Dennis: As you are aware, our plans are continuing to be developed for the new St. Francis Regional Medical Center. The initial phase of the new campus is approximately 110,000 square feet which includes: a 20,000 square foot clinic, a 20,000 square foot multi-tenant medical office building, and a 70,000 square foot outpatient and hospital facility. This new model of a facility will cost effectively serve residents of the surrounding communities today and in the future. One key item that still needs to be addressed, however, is the disposition of the existing hospital facility. This well-maintained facility could be an excellent facility for a variety of users, but undoubtedly some renovation will be needed. The purpose of this letter is to request formal assistance from the city, both in identifying potential users and, more importantly, financial assistance in the form of establishing a TIF District (Tax Increment Financing District) to help a purchaser in financing the acquisition/ renovation of the existing facility. Given its size and strategic location to the downtown area, this facility can support creating a range of new jobs, depending on use, not to mention the benefits of putting this facility on the tax rolls. We formally request your assistance and would like the ability to define for potential purchasers what type of assistance could be made available. Would you please consider providing us with a letter indicating the support the H.R.A. would extend for this facility. The letter would be used in marketing the facility to potential buyers and users. 325 West Fifth Avenue,Shakopee,Minnesota 55379(612)445-2322 Affirmative Action Employer A member of the Benedictine Health System. DL-6\Kraft Mr. Dennis Kraft Page 2 We are happy to answer any questions that you have and look forward to hearing from you. Sincerely, 14.. "11.°(°-‘44(1wm". Donald J. Leivermann President DJL/kt DL-6\Kraft I / TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1995 Tax Levy And Budget Adoption Resolution DATE: August 30, 1994 Introduction and Background Attached is Resolution Number 94-3 which requests the Shakopee City Council to consent to the tax levy for the HRA and adopts the 1995 budget. The levy is $101, 710 after reductions for HACA in the amount of $5, 370 and no allowance for uncollectables. The proposed budget is attached with appropriations in the amount of $119 , 080. Alternatives 1 . Adopt resolution as proposed. 2 . Modify amounts and adopt resolution. Action Offer Resolution Number 94-3 , A Resolution Requesting The Shakopee City Council To Consent To The Levy Of A Special Tax By The Housing And Redevelopment Authority In And For The City of Shakopee And Adopting The 1995 Budget, and move its adoption. Or \ CITY OF SHAKOPEE, MI`;`;ESOTA 1995 BUDGET HRA FUND BUDGET SUMMARY 1992 1993 199- 1995 Actual Actual Budget Proposed Revenue Taxes $ 27,943 $ 25,605 $ 25,590 $ 101,710 Intergovernmental 4,557 4,977 5,310 5,370 Charges for Service 45,000 Miscellaneous Interest 23,234 24,762 12,000 12,000 Total Revenue 100,734 55,344 42,900 119,080 Transfer in Total Revenue and Transfers 100,734 55,344 42,900 119,080 Expenditures and Transfers Personal Services 23,558 25,791 22.380 70,630 Supplies and Services 13,290 25,295 39 .990 45,950 Capital Outlay 80,465 1,500 2. 500 2,500 Total Expenditures & Transfers 117,313 52,586 64.870 119,080 Excess (deficiency) of Revenues over Expenditures and Transfers $ (16,579) $ 2,758 $ (21,970) $ 0 Fund Balance December 31 $ 272,932 $ 275,690 $ 253.720 $ 253,720 lk 1995 CITY OF SHAKOPEE PROGRAM 5 DGET : R.KSHEET 15 Housing and Redevelopment Authority Fund OBJECT DESCRIPTION TOTAL PROGRA1 191 MGT 4101 SALARIES FT $ 56,000 $ 56,000 4121 PERA 2,510 2,510 4122 FICA 4,280 4,280 4131 HEALTH & LIFE 4,840 4,840 4151 WORKCOMP 3,000 3,000 **TOTAL PERSONAL SERVICES 70,630 70,630 4210 SUPPLIES 4,400 4,400 4240 EQUIP. MAINT. 100 100 4310 PROFESSIONAL SERVICES 10,000 10,000 4320 POSTAGE 200 200 4321 TELEPHONE 250 250 4330 TRAVEL & SUBSISTENCE 800 800 4350 PRINTING & REPRO 500 500 4380 UTILITIES 200 200 4360 INSURANCE 1,500 1,500 4410 RENTS 1,500 1,500 4390 CONFERENCES & SCHOOLS 1,000 1,000 4433 DUES & SUBSCR. 500 500 4430 MISCELLANEOUS 25,000 25,000 **TOTAL SUPPLIES/SERVICES 45,950 45,950 4550 CAPITAL EQUIPMENT 2,500 2 , 500 **TOTAL CAPITAL 2,500 2,500 ****DIVISION TOTAL $ 119,080 $ 119,080 Or l► RESOLUTION NO. 94-3 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE AND ADOPTING THE 1995 BUDGET WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy, and WHEREAS, the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $101,710 (after reduction for $5,370 in HACA aid) to be collected 1995 by the Housing and Redevlopment Authority in and for the City of Shakopee. BE IT FURTHER RESOLVED, that the attached 1995 General Fund Budget be approved with total appropriations in the amount of $119,080. Adopted in session of the Shakopee Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, held this day of , 1994. Chairman ATTEST: Executive Director Approved as to form City Attorney MEMO TO: Shakopee Housing & Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Downtown Rehab Grant Program Application DATE: August 24, 1994 INTRODUCTION: The Community Development Commission is recommending HRA approval of the Downtown Rehab Grant Application request that was submitted by Mr. Bill Wermerskirchen for the property located at 138 South Lewis Street . BACKGROUND: Mr. Wermerskirchen is proposing a variety of improvements to his building. The scope of work will include renovation of the existing awning and installation of new signage. Additionally, Mr. Wermerskirchen is proposing the restoration of original architectural features such as the red brick columns on the front portion of his building. Mr. Wermerskirchen is also proposing to repaint the trim, awnings and back portion of his building. Total cost of Mr. Wermerskirchen' s improvements equate to $23, 314 . 14 . Shown in Attachment #1 is a cost rehab grant amount request of $5, 828 . 53 . If this grant request is approved, the total amount of HRA grant commitments to date would equate to approximately $16, 530 . 00 . On August 2, 1994 the Shakopee HRA approved the five (5) Downtown Rehab Grant Applications that were recommended by the CDC. At that time, the HRA questioned whether or not the grant program should continue to cover normal maintenance improvements such as painting. Following the approval of Mr. Wermerskirchen' s application, the CDC discussed whether or no exterior painting should be continued as an eligible program expenditure. It was the consensus of the CDC that application guidelines continue to allow painting as an eligible project cost . (See CDC minutes in non-agenda info packet) The CDC believes that the improvements proposed by Mr. Wermerskirchen are consistent with the provisions of the Rehab Grant Program Guidelines. Therefore, they are recommending approval of the Rehab Grant Program Application as submitted. ALTERNATIVES: 1 . Move to approve the Rehab Grant Program Application submitted by Mr. Bill Wermerskirchen for the property located at 138 South Lewis Street. 2 . Amend the scope of the work proposed by Mr. Wermerskirchen and approve as amended. 3 . Table action pending further information from staff . 4 . Do not approve the Rehab Grant Program Application submitted by Mr. Bill Wermerskirchen. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve the Rehab Grant Program Application submitted by Mr. Bill Wermerskirchen for the property located at 138 South Lewis Street . BAS/tiv • i Attachment #1 Bill Wermerskirchen - 138 So. Lewis St. Architech 300. 00 Lighting 7,500.00 Painting 2,235. 00 Window Grids 1,763 . 64 Signage 8,782.50 Brick Work 964.00 Cedar Work 1,769. 00 Total $23,314. 14 Grant Amount Request $5,828.53 411-coo MEMO TO: Dennis R.Kraft, Executive Director Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Disposition of Property - Stans House DATE: August 30, 1994 INTRODUCTION: On several occasions the Shakopee HRA has discussed how to dispose of the home that we are currently remodeling. The HRA Commissioners have stated that it is their desire to sell the home to a low to moderate income family. It would be appropriate at this time to discuss possible options for disposing of the property. BACKGROUND: In an effort to generate ideas for disposing of the property, staff met with representatives from the CAP Agency, Affordable Housing Coalition and the Scott County HRA on August 22, 1994 . It was determined at the meeting that none of the aforementioned organizations have the capability to serve as the City' s selling agent . The meeting was beneficial in generating issues and options to consider in selling the property. The HRA could develop it' s own program for disposing of the property that would meet with the original objectives set forth by the HRA prior to embarking on this project . A second option would be to adopt the program guidelines and criteria that are currently in place for a program sponsored by the Minnesota Home finance Agency (MHFA) . Currently the MHFA is sponsoring the Minnesota Mortgage Program (See Attachment #1) . The program guidelines are consistent with the initial directions set forth by the Shakopee HRA. Most notably, the program is limited to first-time home buyers . Additionally, the income limits to qualify for funding under the program fall within the Section 8 and Public Housing low income limits (See Attachment #2) . There are also several lenders within Shakopee who are participating in the Minnesota Mortgage Program (See Attachment #3) . Rather than starting from scratch, staff is proposing that the HRA utilize the program guidelines as established in the Minnesota Mortgage Program. If the HRA concurs, staff believes that it would be beneficial to obtain professional assistance from a real estate agent to dispose of the property. A real estate agent will be able to provide the City with the following expertise: 1 . Ability to complete a market analysis and determine an appropriate listing price. 2 . Ability to qualify potential property owners consistent with the guidelines set forth in the Minnesota Mortgage Program. 3 . Ability to market the property effectively. Staff is proposing that the subsequent listing agreement include a provision which would specify that the listing agent would be expected to market the program and find a candidate who can meet all the requirements as set forth in the Minnesota Mortgage Program. Attached is a cost analysis which depicts current expenditures related to this project and projected revenues should we proceed with the course of action as recommended herein. It should be noted that one of the Minnesota Mortgage Program requirements specifies that the seller must pay two discount points. This requirements has been calculated in the aforementioned analysis. Staff is seeking authorization to solicit proposals from local real estate firms to dispose of the property located at 1124 East 2nd Avenue. Upon receipt of the proposals, staff will be making a recommendation to the HRA to enter into listing agreement with the real estate firm whose proposal and qualifications best suit our needs. Staff expects that a recommendation with respect to selection of a real estate agent will be available for review at our next regular meeting. ALTERNATIVES: 1. Authorize the appropriate City officials to solicit real estate agent proposals to dispose of the home located at 1124 East 2nd Avenue. 2 . Determine a sale price for the property and direct the appropriate city officials to dispose of the property utilizing the Minnesota Mortgage Program guidelines. 3 . Direct staff to develop some other type of program guidelines to dispose of the property. STAFF RECOMMENDATIONS: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to solicit real estate agent proposals to dispose of the home located at 1124 East 2nd Avenue. BAS/tiv Current Interest Rate. The current interest rate and discount points for The Minnesota Mortgage Program are: Current interest is 7.30%. Annual percentage rater is 8.09% Home seller must pay two (2)discount points if selling existing home, or 2.5 discount points if selling a new Lome. o i Income Limits. To qualify for the The Minnesota Mortgage Program your adjusted income'may not exceed: MAXIMUM ADJUSTED INCOME' New One- Existing Family One-,Two- COUNTY Home Family Home Twin(miss. k Daloota; ` r 1 Sherb1Q1e'W ' �_ Olmsted $32,500 $28,500 19114;,-,, • Home Cost Limits. The home you purchase must fall within the following acquisition cost limits: MAXIMUM HOME PRICE IF YOU'RE BUYING New One-Family, ExistingTwo- Existing One- COUNTY FamilyHome Family-Home < ,. Olmsted $80,000 $70,000 HAF Income Limits. You may qualify for the Homeownership Assistance Fund(HAF)if your maximum adjusted income does not exceed the amounts listed: MAXIMUM ADJUSTED INCOME2 FOR HAF Monthly Payment En Cost and/or Entry COUNTY Assistance Only Cost Assistance Twin Cities(Atoka,Carver,thissgo, € . Dakota,Hennepin,Tsanti,Ramsey,Stott, $28,000 $26,000 Sherburne,Washington,Wright) �. . Olmsted $23,000 $21,000 7477414 Annual percentage rare combines the interest rare,loan fees,and other costs of obtaining the loan into a single feature.This shows the true costs of borrowing so that it may be compared with other loan programs. -Determine approximate"adjusted gross household"income by subtracting$1,000 from your current gross annual income for each household member who will live in the home. New construction available in Chisago,Isanti,Sherburne,and Wright counties. This material will be made available in alternative format upon request. tAllit MINNESOTA HOUSING we' FINANCE AGENCY D1993 Minnesota Housing Finance Agency A IW Printed on recycled paper. EQUAL HOUSING �•7 Please recycle. LENDER 9/93 1 t-'.t o 'i.r w -nv � Lk) f'"iV c -' :d I ' .O C C CD T..`' .,., y H b: IVa , ' y3 3- W 0 a 'n 0 �E-'RH � • '! r�Y„^ rS w o n n 0 pryfD � ' PO °Eo ° 9Vrro ( ) A 3 ro oo? 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A- cAnt z SCOTT COUNTY HOUSING & REDEVELOPMENT AUTHORITY 16049 FRANKLIN TRAIL S.E.#104 IN PRIOR LAKE,MINNESOTA 55372 • (612)447-8875 SECTION 8 AND PUBLIC HOUSING INCOME LIMITS - EFFECTIVE MAY 31. 1994 Household Size Very Low Income Low Income 1 - Person $ 17,8501' $ 27,950. 2 - Person 20,400. 31,900. 3 - Person 22,950. 35,900. 4 - Person`. 25,500 39,900. 5 - Person 27,550. 43,100. 6 - Person 29,600. 46,300. 7 - Person'• 31,600-;, 49,500. 8 - Person 33,650. 52,650. FAIR MARKET RENTS - EFFECTIVE APRIL 6. 1994 Bedroom Size Amount 0 - Bedroom, $' 370.00 1 - Bedroom 474.00 2 '- Bedroom 604.00 3 - Bedroom ' 819.00 4 - Bedroom 926.00 Manufactured Home Space Single Wide 223.00 Double Wide 238.00 (Lot Rent Only) ANNUAL ADJUSTMENT FACTORS - EFFECTIVE APRIL 26, 1994 HIGHEST COST UTILITY Included 1.024 Excluded 1.023 Manufactured Home Spaces use Highest Cost Utility Excluded A.F.D.C. BASIC GRANTS Monthly Yearly 1 - Child $ 437.00 $ 2 - Children 532.00 6,384. 3 - Children 621.00 7,452. 4 - Childrent 697.00 8,364.�- 5 - Children 773.00 9,276. 6 - Children + 850.00 10,200. MAYNARD HARMS,BELLE PLAINE,DISTRICT I -V.P. HRA A MARIETTA SHARKEY,NEW PRAGUE,DISTRICT II-Secretary MARJORIE HENDERSON,SHAKOPEE,DISTRICT III- Chair. MARY BETH ONKKA,PRIOR LAKE,DISTRICT IV-Tr e as urer Q L ' SYLVESTER WACKER,SAVAGE,DISTRICT V- Cc men i ss io ner ScottEQUAL HOUSING County OPPORTUNITY An Equal Opportunity I Affirmative Action Employer Attachment #3 Minnesota Mortgage Program Lenders List - Shakopee 1. Family Bank 327 Marschall St. 496-0019 2. Marquette Bank 380 So. Marschall Rd. 496-7403 3 . Norwest Mortgage, Inc. 738 E. First Ave. 496-0765 • o � r•. TJ G F '' , t. ..w. )MMS 6. . G o .G w '-, �+ O G'c/i p n p•CD .'O o- .. .Q '�' r•. O O n W fD o �Y.ti-..a tio "r# r<D 0 -- C Q Gip O c) n 0 0 n O G n Q.rn.Q ro 9 y "C/O w w ^ 1YB E < :II 'fir: p lili 00 "0 O.. FI • r_t. ii t;. 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M rD „a' ,, HU tV - ° ° 0 5oro 5 � t^Drna- 'a'•.o rte .`7-i--)..... j - o 9 rD w Oro 0 O n IRI (�el- C ,..4-,� Jy rt x y• ,roJL. � Epwax n v n rt f(1:...1 I. ,+ >, G 5'r) p � x0 B cr y.-:rte o 'CD ] tcr D cG ^ a• g" p g rt, µ ,•s O -0 y UG F° h' crq � O p .n O p i ,M , 04! -< n Crg Q w 2 a re o y.p a n a. a• 0 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 2, 1994 Mayor Laurent called the meeting to order at 7: 00 p.m. 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 Hutton, Public Works Director, and Judith S. Cox, City Clerk. City Administrator added 15b) Purchase of Land to the agenda. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an HRA meeting at 7: 03 p.m. Mayor Laurent reconvened the City Council meeting at 7 :30 p.m. Liaison reports were given by 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. Doug Bell, 1590 East First Avenue, #15, Shakopee, MN, approached the podium. He wanted to remind the Council that all businesses and citizens of Shakopee must be treated equal. Mr. Mike Mobley, 838 4th Avenue East, Shakopee, MN, approached the podium. He stated that some stucco on the exterior of his home was damaged due to the work that was being done on 4th Avenue, and the contractor's insurance was not willing to pay for the damage. He asked the Council if the City would be paying for this damage. The City Attorney informed Mr. Mobley that this was something he needed to deal with at Conciliation Court. Councilmembers added to the consent business 13d) MN Coalition Scottish Clans-Temp Beer License-Memo on the table; 15a) Letter to the City from Parkside Printing, Inc. The City Clerk asked that item 14b) Ord. No. 382, Designating the Acting City Clerk, be taken off the consent agenda. Sweeney/Lynch moved to approve the consent business as modified. Motion carried unanimously. Sweeney/Lynch moved to receive and file the letter from Brad Larson, Scott County Highway Engineer, indicating that the stop signs at 4th Avenue and Fuller Street are currently not warranted and will not be installed. (Motion carried under consent business. ) Official Proceedings of the August 2 , 1994 Shakopee City Council Page -2- Sweeney/Lynch moved to approve the purchase of four Self Contained Breathing Apparatuses from Clarey's Saftey Supply for $9 , 400 . 00. (Motion carried under consent business. ) Sweeney/Lynch moved to approve the transfer from the Capital Equipment Fund to the General Fund $704 , 265 . 44 for the purchase of equipment in 1994 . (Motion carried under consent business. ) Sweeney/Lynch moved to approve the applications and grant the temporary non-intoxicating malt liquor licenses to the Shakopee Jaycees for August 8 , 1994 at Lions Park and August 13 & 14, 1994 at Tahpah Park. (Motion carried under consent business. ) Sweeney/Lynch moved to approve the application and grant a temporary on-sale intoxicating liquor license to the Minnesota Coalition of Scottish Clans at Murphy's Landing, 2187 East Highway 101 for August 6th and 7th, 1994, conditioned upon the filing of a certificate of insurance approved by the City Attorney. (Motion carried under consent business. ) Sweeney/Lynch moved to grant a variance from the City Code (Sec. 5.36) to allow the Minnesota Coalition of Scottish Clans to contract with the holder of a full-year on-sale liquor license, issued by any City in the State, for liquor catering services. (Motion carried under consent business. ) Mayor Laurent commented that he would be abstaining from the following agenda items: 13e) Vierling Drive Excess R-O-W Conveyance; 13f) Vierling Drive Sewer & Water Petitions - Res. No. 4039; and 14a) Res. No. 4044 - Accepting Bids on Vierling Drive from CR-15 to Presidential Lane, 1994-7 . Mayor Laurent turned the meeting over to Vice Mayor Beard due to a conflict of interest regarding the proposed improvements to Vierling Drive. Lynch/Dirks moved to have the following items removed from the table: 13e) Vierling Drive Excess R-O-W Conveyance; 13f) Vierling Drive Sewer & Water Petitions - Res. No. 4039; and, 14a) Res. No. 4044 - Accepting Bids on Vierling Drive from C.R. 15. Presidential Lane, 1994-7 . Motion carried unanimously with Mayor Laurent abstaining from the motion. Mr. Hutton gave a brief presentation regarding these matters. He stated that staff met with the developer, Mr. Link. Mr. Link has stated that he would like to postpone this project for this year because of the proposed assessments on this project, until he is ready to develop the property. Mr. Hutton stated that staff needs Official Proceedings of the August 2, 1994 Shakopee City Council Page -3- a petition from the developer waiving the right to a public hearing for sewer and water. Mr. Link is not willing to submit a petition regarding the sewer and water. The second item Mr. Hutton discussed dealt with right-of-way vacation of Vierling Drive. He stated that the vacation resolution has never been recorded at the courthouse because staff was not sure what portions of Vierling Drive City Council desired to vacate when the resolution was adopted. He explained that it was staff's understanding that only that part of Vierling Drive no longer needed as a result of the realignment was being vacated. He explained that the legal description attached to the resolution incorrectly described all of Vierling Drive. He stated that the City Attorney has prepared a resolution correcting the legal description, if that was Council's intent. The third item Mr. Hutton discussed was that bids have been taken for this project but council has not awarded it because of other steps that need to be taken. Mr. Hutton stated the options that are available for council regarding these actions. Sweeney/Lynch offered Resolution No. 4053, A Resolution of the City of Shakopee, MN, Directing Staff to Correct Resolution No. 4022 by Removing Attachment A to That Resolution and Inserted A Corrected Attachment A, and move its adoption. Mr. Cletus Link, 1216 Jefferson Street, Shakopee, MN, approached the podium. He stated that weather or not Council can do that is a legal question. He said that he would recommend getting legal counsel on the whole thing. Motion carried unanimously with Mayor Laurent abstaining from the motion. Sweeney/Lynch offered 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. (Street construction, sewer and water. ) Cncl. Sweeney stated his concern that a developer or land owner could hold a whole series of developments hostage until they feel like completing their development. Cncl. Lynch and Cncl. Dirks stated that in the past there seemed pressure to get the Vierling Drive project moving, but now they do not sense that pressure. They are willing to delay the street construction for a year, but not the two developments needing the utilities. Mr. Kraft pointed out that by holding a public hearing, it would give all the people who have an interest in constructing the street Official Proceedings of the August , 1994 Shakopee City Council Page -4- 2 a chance to come forward and speak regarding this issue. A brief discussion was held regarding having the motion changed to delete the street portion of the hearing since a public hearing was held earlier regarding that and to include only the sewer and water improvements. Sweeney/Lynch moved to amend Resolution No. 4054 by striking the words street construction, curb and gutter, and sidewalks, and to state that the bids were received by the Council on August 2 , 1994 . Motion carried with Mayor Laurent abstaining. Mr. Cletus Link, 1216 Jefferson Street, Shakopee, MN, approached the podium. He stated that he feels this whole matter is being pushed down his throat. He does not feel it is fair to make him pay the assessments of $185, 000 right now. He also stated that he petitioned to the City to develop some land here and he met all the conditions of the developers agreement, the plat was accepted. Mr. Link stated that he signed everything and now the City Council is not giving him a chance to develop and to put his own sewer and water in. He stated that he waited three years to get this development going. He has got one hundred thousand yards of dirt to move but has not been given a chance. He stated that he would get an injunction against this property and tie it up for years in court. He stated that Council shoved the watermain on Jefferson and they won't get away with this. Mr. Link also stated that he is required to bring water and sewer to the property and that's okay, but he asked where it is in the City's policy to bring the sewer to the center of Vierling Drive so he can hook up to it. Mr. Link told the Council that his crew was asked to stop working today, (August 2 , 1994) and he was wondering if they could continue working tomorrow or is this matter going right to court. Motion carried on Resolution No. 4054 , as amended with Mayor Laurent abstaining from the motion. Mr. Hutton stated that during the design of this project there was two designs going on. Staff has informed Mr. Link of that but Mr. Hutton stated that he was not aware that the financial guarantee that was submitted by Mr. Link included the cost to put in that segment. Mr. Hutton stated that an amendment could be made to allow that connection to be made that financial guarantee is needed to insure that those improvements can be made. Mr. Link stated that he designed his project first and it was approved and now after Vierling Drive has been designed, he has been told to match the sewer and water with that on Vierling Drive. He stated it doesn't work that way and is now being asked to lower one of his manholes. Official Proceedings of the August 2 , 1994 Shakopee City Council Page -5- Mr. Peter Link, 1208 South Monroe, Shakopee, MN, approached the podium. He stated that the City agreed this morning to pay for having the manhole lowered, but Mr. Link stated it just does not make any sense. Mr. Link gave a description on some maps which manholes need to be changed. Mr. Cletus Link stated again that everything has previously been approved and that you don't tell a person that 17 lots are approved but then come back and say you can't have any sewer. Mr. Hutton stated that on June 9, 1994 , the developer's agreement was signed with the City. Staff was under the impression that the sewer would be available (in Vierling Drive) and the City would put it in under contract and the developer would make a connection at Vierling and Jefferson. That process has been delayed and meanwhile the developer has been putting in sewer and water in his development (South Parkview 2nd) and would like to make that connection. Mr. Hutton stated that Mr. Link and his engineers were provided with the City's design when they were doing their design and there is a one foot gap in the elevation. Mr. Hutton stated that he met today and are going to try to resolve that issue. It is an issue of whether the City Council wishes to direct staff to allow that connection to be made under the current agreement. Mr. Cletus Link stated he did not agree with these comments. He stated that he first learned that he would not be allowed to put sewer in but that it would be included in the 13th Avenue project and Mr. Link objected to that at that point in time. Mr. Hutton quoted from the developer's agreement which stated that the developer would construct and install at the developer's expense some improvements and lists them on Jefferson Street all the way down to Vierling Drive. Mr. Peter Link stated that if City Staff would let him start at the interceptor he wouldn't be going through this problem right now. Dirks/Lynch moved to amend the developer's agreement between Mr. Link and the City allowing him to do the portion of sewer from the site to the VIP. Motion carried unanimously with Mayor Laurent abstaining from the motion. Sweeney/Lynch moved to table Resolution No. 4044 , Accepting bids on Vierling Drive from C.R. 15 to Presidential Lane, 1994-7. Motion carried unanimously with Mayor Laurent abstaining from the motion. Acting Vice Mayor passed the gavel back to Mayor Laurent. Mayor Laurent recessed the City Council meeting for a break between 8 :55 p.m. and 9 : 09 p.m. Official Proceedings of the August 2 , 1994 Shakopee City Council Page -6- Sweeney/Lynch moved to approve bills in the amount of $84, 668 . 33 , and move its adoption. (Motion carried under consent business. ) Mr. Hutton gave a brief summary regarding the Upper Valley Drainageway. Staff received a letter from Mr. Joe Klug regarding how the upper valley drainage system and the rip rap has affected his property. A short video tape was displayed regarding this property. Mr. Hutton suggested to the Council that some type of fence or retaining wall be constructed to prevent any danger of children or adults from rolling into that rip rap. A brief explanation on the use of easements was given by Ms. Marty. Mr. Joe Klug, 403 Mint Circle, Shakopee, MN, approached the podium. He questioned if there were any rights he had to that easement and if he would be compensated for what he can't use for his yard through taxes. Ms. Marty clarified that his compensation was included in the price of his lot. There was no action taken on compensation to Mr. Klug for the City's use of the City's easement. Beard/Lynch moved to install a chain-link fence on the top edge of the rip rap adjacent to Mr. Klug's property at 403 Mint Circle, Shakopee, MN. Motion carried unanimously. Mr. Stock stated that at the last meeting Council requested staff to obtain additional information with respect to the job descriptions and proposed point values for each position included in the City staffing issue. He gave a brief description of each position and asked Council for comments and input. Beard/Dirks moved to table City Hall staffing issues to the August 16, 1994 , City Council meeting in order to have more time to look at the memo just placed before the Council. Motion carried unanimously. Dirks/Lynch moved to table item 14b) Ordinance No. 382, Designating the Acting City Clerk - to the August 16, 1994 , City Council meeting. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to execute a lease agreement by and between the City of Shakopee and Mark Kuchenmeister for space at the former City Hall building on a month to month renewal basis effective August 8th, at a rate of $250. 00 per month. (Motion carried under consent business. ) Official Proceedings of the August 2 , 19944 Shakopee City Council Page -7- Mr. Kraft stated that there is property for sale in the amount of $135, 000 that the school would like to obtain without going to the MN Board of Education to get approval. He stated that they would like the City to buy the property and lease it to the school district. A consensus was reached by the City Council that the City Administrator negotiate an agreement with the school district regarding their request. Lynch/Sweeney moved to approve the application and grant a pawnbroker's employee license to Michael Elliott Zieve, Shakopee Pawn & Cash Co. , 1147 Canterbury Road. Motion carried unanimously. Mayor Laurent adjourned the City Council meeting at 10: 11 p.m. u ith S. Cox y Clerk Lisa Anderson Recording Secretary p OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 16 , 1994 Mayor Lauren: called the meeting to order at 7 : 00 p.m. with Cncl . Lynch, Beard, Dirks and Sweeney present . Also present : Dennis R. Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekc_a, Planning Director; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S . Cox, City Clerk. Councilmembers added the following items : 13b) Employment Resignation - Dave Hutton, 13c) Interim staffing for engineering, and 13d) Como Plan goals and objectives . Sweeney/Beard moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers . Mayor Lauren: gave the Mayor' s report . Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. There was no response . Councilmembers added to the consent business : 10f) Flood plain zoning and industrial mapping - Ord. #384, and llc) Murphy' s Landing feasibility report . Beard/Lynch moved to approve the consent business as modified. Motion carried unanimously. Beard/Lynch moved to approve the minutes of July 12, 19 & 26, 1994 . (Motion carried under consent business . ) Beard/Lynch moved to directed staff to prepare the appropriate ordinance amending the pawn shop and second hand dealer ordinance to allow for the sale of used books . (Motion carried under consent business . ) Mayor Laurent opened the public hearing on the proposed vacation of a portion of Hauer Trail lying east of Jasper Road. Mr. Hutton explained that the City Council previously held a public hearing on the vacation of Jasper Road from Hauer Trail to County Road 16 . After the public hearing, Council directed staff to prepare the appropriate resolution vacating Jasper Road and a portion of Hauer Trail . Since the notices and public hearing were only on the vacation of Jasper Road, Mr. Hutton explained that a public hearing is necessary to consider the vacation of a portion of Hauer Trail lying east of Jasper Road. Mr. Hutton stated that the Planning Commission did review the vacation and found that it is in compliance with the comprehensive plan. Official Proceedings of the August 16 , 1994 Shakopee City Council Page -2- Allen Needer, 2745 Hauer Trail, stated that he does see a need to vacate Jasper Road for safety purposes and that it is ok with him to vacate part of Hauer Trail if it is necessary. There being no further comments from the audience, Mayor Laurent closed the public hearing. Lynch/Beard offered Resolution No. 4056, A Resolution Vacating Hauer Trail east of Jasper Road and Jasper Road from Hauer Trail to County Road 16, and moved it' s adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the proposed vacation of easements lying within Cretex Industrial Park 1st Addition. Mr. Ekola explained that the City has received a petition requesting the vacation of a 70 foot wide roadway easement as well as several internal easements lying within Lots 1, 2, 3 , Block 1, Cretex Industrial Park 1st Addition. He explained that the Planning Commission has approved the vacation request . Mayor Laurent asked if there were any comments from members of the audience . There was no response . Mayor Laurent closed the public hearing. Sweeney/Beard offered 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 2, and Between Lot 2 and 3 , Block 1, Cretex Industrial Park 1st Addition, and moved its adoption. Motion carried unanimously. Mayor Laurent explained that he would be abstaining from voting on the proposed sewer and water improvements to Vierling Drive between Adams Street and Presidential Lane because he is part owner of the company who will be benefitted by the improvements . Mayor Laurent passed the gavel to Vice Mayor Beard and removed himself from the Council table. Vice Mayor Beard opened the public hearing on the proposed sewer and water improvements to Vierling Drive between Adams Street and Presidential Lane, Project #1994-7 . Mr. Hutton explained that the public hearing is on the proposed sewer and water improvements . He explained that a public hearing was held last spring on the roadway improvements after which the roadway improvements were ordered by City Council . He passed out copies of a new assessment roll indicating the estimated costs for the improvements for the benefitted properties . He explained that F Official Proceedings of the August 16 , 1994 Shakopee City Council Page -3- the City knows the costs for the improvements because bids have been received. He explained the proposed costs for the improvements and how they would be assessed to benefitted properties . He explained that the street would be assessed 100% for 36 feet only and that the oversizing would not be assessed. He stated that the improvements were not petitioned for so there would need to be a 4/5ths vote of the Council in order to order the project . Vice Mayor Beard read a letter from Todd and Vicky Martinson, Plymouth, stating that they are purchasing a lot in MN Valley 8th Addition and that they support the sewer project . Marvin Liszt, Attorney representing Clete & Helen Link, asked if the roadway part of the improvement was considered at a public hearing earlier. Mr. Hutton responded that it was held this past spring. Mr. Liszt asked if the public hearing last spring dealt with the cost for the road construction. Hr. Hutton responded in the affirmative . Mr. Liszt asked if the costs were the same as they were last spring. Mr. Hutton responded that the costs projected last spring were $130 . 00 per foot . Mr. Liszt noted that the published notice for this evenings public hearing included roadway construction and asked that the public hearing be delayed so that the published notice could be corrected. He also stated that Mr. Link feels that the sewer and water costs are high and that he objects to the proposed assessments because he feels that there is no benefit to his property. He stated that Mr. Link feels that he could make the improvements at a lessor cost and that he objects to the approval of the proposed project . Clete Link, 1216 Jefferson, stated that he objected to the proposed project . He noted that the City only received two bids on this project and that they usually get as many as ten bids on a project . He stated that the timing is wrong and that he feels that he can install the water and sewer cheaper than the City. He said that we need to sit down with the Engineer and work out the problems in order to get the job done . He explained that his plat has been approved and that the plans for the roadway design have been approved and that they do not jive with the proposed Vierling Drive construction. Mr. Hutton explained that there have been a number of meetings with the developers in this area regarding the proposed improvements . Mr. Liszt stated that for the reasons stated earlier, they do not believe that there is a benefit to Mr. Link' s project and that they object to the proposed improvements . Official Proceedings of the August 16 , 1994 Shakopee City Council Page -4- Gary Laurent, Laurent Builders, stated that Mr. Dean Walden and Laurent Builders are developing Minnesota Valley 8th Addition and that they are strongly in favor of the proposed projec He explained that Minnesota Valley 8th Addition has been developing over the past 17 years and elaborated on the activities that have taken place until final plat approval was received in June of 1994 . He then elaborated on 8 reasons why a reasonable developer would expect that this project would be built this year. He said that any one of which is a good reason to order the project . If the project is not ordered, Mr. Laurent asked that they be allowed to hook up to the interceptor and to pay no more than they would have had to pay had the project been done, as was approved for Mr.Link' s development at the last meeting. Stan Davies, 927 South Lewis, stated that he owns property down stream and to the west of the project . He does want sewer and water installed in the street . His property is currently in Jackson Township and he cannot officially begin developing it until it is annexed to the City of Shakopee . Darrell France, Chaska, purchaser of a lot in Minnesota Valley 8th Addition, stated that he would like to see the project go forward. Tom Schleper, 968 South Pierce, stated that he has bought a lot in Minnesota Valley 8th Addition, and that he would like to see the project go forward with no delay. Vice Mayor Beard closed the public hearing at 8 :08 p.m. Sweeney/Lynch offered Resolution No. 4057, A Resolution Ordering An Improvement To Vierling Drive, From County Road 15 to Presidential Lane, Project No. 1994-7, and moved its adoption. Motion carried unanimously with Mayor Laurent abstaining. Sweeney/Dirks moved to remove Resolution No. 4044 from the table . Motion carried unanimously. Sweeney/Dirks offered Resolution No. 4044, A Resolution Ordering an Improvement to Vierling Drive, from CR-15 to Presidential Lane, Project No. 1994-7, and moved its adoption. Motion carried unanimously with Mayor Laurent abstaining. Vice Mayor Beard returned the gavel to Mayor Laurent . Mayor Laurent opened the public hearing on the appeal from Don Weber from CAN AM Recreational Vehicles of the Shakopee Board of Adjustment and Appeals denial of a variance from the sign ordinance . Mr. Ekola explained that the current sign ordinance allows for a 150 square foot sign with a maximum height of 20 feet in this Official Proceedings of the August 16 , 1994 Shakopee City Council Page -5- particular area. He explained that CAN AM Recreational Vehicles is requesting 2 variances from the sign ordinance to allow for a 264 square foot sign with a 22 foot height . He explained that the Shakopee Board of Adjustments & Appeals denied the request at their July meeting. He stated that the existing sign is already a non conforming sign and that if the variances are approved it will be more non conforming. Don Weber, Manager, CAN AM Recreational Vehicles, reviewed the 6 criteria for granting a variance and why he feels he meets the criteria as outlined in his letter dated July 14, 1994 . He stated that without a sign he has the image of a temporary business . He stated that he does have long term goals and that the granting of a variance will be in the best interest of everyone . There being no further comments from the audience, Mayor Laurent closed the public hearing. Discussion ensued on what the new sign ordinance will allow for signage in this area once it becomes effective. Mayor Laurent suggested that the request be tabled and that staff research whether or not the sign requested would be permitted under the new zoning ordinance . Dirks/Lynch moved to table Appeal Resolution No. CC-689, A Resolution of the City of Shakopee, MN, 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. Motion carried unanimously. Mr. Stock stated that Council directed the Park & Recreation Advisory Board to determine what City components they would recommend be included in a community center and that Paulette Rislund was present to make a report to the Council . Paulette Rislund, Chair, Shakopee Park & Recreation Advisory Board, advised the City Council on what activities the Board undertook in order to gather input from the public on what facilities should be included in a community center. Some of the more frequently mentioned facilities included an ice arena, pool, gymnasium, and general space for youth and adult recreation. She explained that it appeared impossible to meet all of the needs that have been identified for $6 million and that before the Board could decide on which facilities to recommend to City Council they were approached by Lifetime Fitness . She stated that the Board recommends utilizing the services of Lifetime Fitness and to include in their study the areas identified on the community center facility components list provided to City Council, as Exhibit A. Mr. Stock explained the scope of services that Lifetime Fitness could perform. He explained that staff is recommending City Official Proceedings of the August 16 , 1994 Shakopee Cloy Council Page -6- Council to retain the services of Lifetime Fitness for Phase I at this time . Phase I - develop a site plan and a preliminary floor plan, and develop a construction cost estimate and a three year operating performa as well as a market analysis . ) Discussion followed on using the services of Lifetime Fitness and their ability to perform and whether or not they would be objective with Phase I because of the possibility of their being involved in Phase II and/or Phase III . Councilor Sweeney suggested that a due diligence analysis be performed on Lifetime Fitness to determine if they are capable of performing these types of services . Barom Akradi, President, Lifetime Fitness, stated that he would prefer that the City do a due diligence before they get involved with the project . He stated that the actual cost for Phase I will be more than the $15, 000 . 00 that they quoted but that the City would only be paying the $15, 000 . 00 . He gave the City Council a background of the work that Lifetime Fitness has done over the years and explained that they are now trying to get into a new area, the public sector. Sweeney/Beard moved to direct staff to obtain proposals for a due diligence on Lifetime Fitness . The City Administrator stated that he will contact the City' s Bond Counsel and the City Auditor. Motion carried unanimously. Beard/Lynch offered Ordinance No. 382, 4th Series, An Ordinance of the City of Shakopee, MN, 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) , and moved its adoption. (Motion carried under consent business . ) Beard/Lynch moved to table the amendment to the zoning map, amending the boundaries of the flood plain to exclude portions of ValleyFair (Ordinance No. 383) . Motion carried unanimously. Beard/Lynch offered Resolution No. 4046, A Resolution Amending Resolution No. 3913 , Adopting the 1994 Budget, and moved its adoption. (Motion carried under consent business . ) Beard/Lynch offered Resolution No. 4061, A Resolution of the City of Shakopee, MN, Approving the Preliminary and Final Plats for the Scherer South Planned Unit Development (PUD) , and moved its adoption. (Motion carried under consent business . ) Beard/Lynch offered Ordinance No. 384 , 4th Series, An Ordinance of the City of Shakopee, MN, Amending Ordinance No. 377, Which Adopted a New City Code, Chapter 11, Zoning, By Revising Various Provisions Relating to the Flood Plain, and by Adopting a New Zoning Map to Zone Industrial Areas, and moved its adoption. (Motion carried under consent business . ) Official Proceedings of the August 16 , 1994 Shakopee City Council Page -7- Sweeney/Beard moved to direct staff to convey the Council' s concerns regarding the Sheily Company' s request to amend their Water Appropriations Permit (NO. 67-0172) to the DNR requiring that any increase in pumping require an environmental assessment worksheet (EAW) and ask that the City be named as the responsible governmental unit (R.G.U. ) . Discussion ensued regarding the Sheily Company' s request to amend their Water Appropriations Permit (NO. 67-0172) from the DNR to increase the authorized annual water appropriation from 2 . 5 billion gallons to 4 . 0 billion gallons per year. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a break at 9 : 35 PM. Mayor Laurent reconvened the City Council meeting at 9 : 55 PM. Shirley Olson, Murphy' s Landing, addressed the City Council regarding a request from Paper Warehouse to sub-lease Murphy' s Landing during the month of October for a Halloween Fund Raiser. She explained that they are desiring a 25 year lease and that Murphy' s Landing only has a three year lease with the City and also that the three year lease requires approval from City Council prior to entering into a sub-lease. She explained that there would be no physical alteration of the structures and that the negotiations include an approximate payment of $20, 000 . 00 plus utilities and a percent of the gross over a certain amount to Murphy' s Landing for the sub-lease . Discussion followed. Dirks/Lynch moved to 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 . Motion carried unanimously. Mr. Stock stated that staff has submitted a reorganization plan to City Council and that at the last meeting the reorganization plan was tabled in order that some corrections could be made to the job descriptions . He stated that the job descriptions have been changed including education and experience. He said the greatest change occurred to the Customer Service Representative position because it contained a lot of duplication. Cncl . Lynch asked if it was customary to advertise internally when a job description is changed. Mr. Kraft explained that the procedure being utilized to fill the positions in the reorganization plan are consistent with the current union agreement with Teamsters 320 . Official Proceedings of the August 16 , 1994 Shakopee City Council Page -8- Cncl . Sweeney asked what "internally advertise" meant . Mr. Stock responded that it is the intent to advertise within the organization and that there maybe some testing and if the applicants are not qualified, that then the advertising would go outside . Discussion followed. Sweeney/Lynch moved to authorize the appropriate City officials to advertise for the new position classifications according to the process outlined this evening. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 4066, A Resolution Approving the purchase of the Remnant Parcel of Danny' s Construction from the Minnesota Department of Transportation, and moved its adoption. Motion carried unanimously. Beard/Lynch moved to direct the City Administrator and Mayor to set up a meeting between the City and County staff and County Board Representatives to resolve the issues relative to the proposed cooperative agreement relating to the CR-77 realignment (Apgar Street/Fuller Street) ; and to include Cncl .Sweeney. Discussion followed. Motion carried unanimously. Beard/Lynch moved to approve the revised registered land survey for the David Rutt property located near Market Street and 4th Avenue . (Motion carried under consent business . ) Beard/Lynch moved to remove the Resolution designating an Acting City Clerk from the table. (Motion carried under consent business . ) Beard/Lynch moved to table the Resolution designating an Acting City Clerk. (Motion carried under consent business . ) Beard/Lynch moved to approve the bills in the amount of $615, 471 . 73 . (Motion carried under consent business . ) Beard/Lynch moved to declare the following items surplus property; 1989 Ford, 2 FABP72G1KX176248; 1982 Chev, 1GCBS14A4CO139659; 1985 Ford, 1FABP3937FG175662 . (Motion carried under consent business . ) Beard/Lynch moved to authorize the appropriate City officials to advertise for the Engineering Tech II position. (Motion carried under consent business . ) To fill the position created by the resignation of Jeff Swenson from the Engineering Department . Beard/Lynch offered Resolution No. 4055, A Resolution Establishing an Enterprise Fund for Refuse Collection, and moved its adoption. (Motion carried under consent business . ) Official Proceedings of the August 16 , 1994 Shakopee City Council Page -9- Beard/Lynch offered Resolution No. 4059, A Resolution of the City of Shakopee, MN, Amending Resolution No. 3924, Adopting the 1994 Fee Schedule, By Adopting Fees Relating to Applications for Permits to Carry Firearms, and moved its adoption. (Motion carried under consent business . ) Beard/Lynch offered Resolution No. 4046, A Resolution Appointing Judges of Election, and Establishing Compensation, and moved its adoption. (Motion carried under consent business . ) Beard/Lynch offered Resolution No. 4058 , A Resolution Receiving A Report and Calling a Hearing on Storm Water Improvements to Northern Shakopee, Generally Described as the Area North of Canterbury Downs, Between Shenandoah Drive and CR-83 , Project No. 1995-1, and moved its adoption. (Motion carried under consent business . ) Beard/Lynch offered Resolution No. 4065, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Monnens Addition, and moved its adoption. (Motion carried under consent business . ) A Committee of the Whole meeting was set for Tuesday, August 23 , 1994 at 5 : 00 p.m. A Committee of the Whole meeting was set for Tuesday, August 30th at 7 :00 p.m. to meet with Jackson and Louisville Township Boards to discuss the City' s 1995 budget . Mr. Kraft explained that Mr. Hutton is asking to leave prior to the 30 day notice required in order to receive benefits . Sweeney/Beard moved to waive the 30 day termination provision and authorized the September 2, 1994 termination of David Hutton, Public Works Director with full terminal benefits . Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to advertise for the Public Works Director position. Motion carried unanimously. Sweeney/Beard moved to direct the City Administrator to negotiate a contract with Orr-Schelen-Mayoren & Associates, Inc . to provide Acting City Engineer services for the minimum amount of time possible during the interim. Motion carried unanimously. Sweeney/Lynch directed the City Administrator to 1) utilize Dave Nummer as coordinator overseeing Public Works operation, with Harry Pass continuing to 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) continue utilizing the two consultants working on specific projects, Dan Official Proceedings of the August 16 , 1994 Shakopee City Council Page -10- Boxrud (SEH) Comprehensive Sanitary Plan and Chaska Interceptor and Pete Willenbring, (OSM) Comprehensive Storm Plan, Upper Valley Ditch and Scherer Bros . Lumber Drainage Study to continue providing input to the City Council on these items according to their respective contracts until these projects have been completed. Motion carried unanimously. Mr. Ekola asked the Councilmembers to return their comments on the compressive plan goals and objectives by the end of the week. Sweeney/Beard moved to adjourn to Tuesday, August 23 , 1994 at 5 : 00 p .m. Motion carried unanimously. The meeting adjourned at 10 : 51 p.m. ith S . Co) ty Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 23, 1994 Mayor Laurent called the meeting to order at 5: 07 p.m. with Councilmembers Lynch, Dirks (at 5: 09 p.m. ) , Beard and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Dave Nummer, Staff Engineer; Lindberg Ekola, Planning Director; Paul Bilotta, Senior Planner; Gregg Voxland, Finance Director; Tom Steininger, Chief of Police; and Frank Ries, Fire Chief. Two items were added to the agenda: 4a) Vacant Clerical Position, and 4b) HRA Tax Levy. Sweeney/Beard moved to approve the agenda as modified. Motion carried unanimously. Sweeney/Beard moved to authorize the appropriate City Officials to utilize the services of Springsted to complete the Lifetime Fitness due diligence. Discussion followed on whether or not the due diligence should include more than financial. Motion carried unanimously. Sweeney/Beard moved to direct staff to request Springsted to include in their due diligence on Lifetime Fitness a background on the principals and past performance on projects. Motion carried unanimously. Sweeney/Beard moved to authorize the appropriate City Officials to hire a part-time clerk-typist from Valley Temporary Staffing, Inc. for 20 hours a week at a rate of $11. 62 per hour (for Police Department) . Motion carried unanimously. Mr. Kraft noted that the HRA must now certify its final levy to the County by September 15th as opposed to December. Beard/Sweeney moved to share in the cost with the County and School District for obtaining outside expert assistance for the Rahr Malting tax appeal based on pro rata tax benefit received by the City. Motion carried unanimously. Mayor Laurent adjourned the meeting to Thursday, August 25th at 5: 00 p.m. Meeting adjourned at 5: 30 p.m. 67x Jidith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 25, 1994 Mayor Gary Laurent called the meeting to order at 5: 03 p.m. with Councilmembers Lynch and Sweeney present. Councilmembers Dirks and Beard were absent. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Dave Nummer, Staff Engineer; Gregg Voxland, Finance Director; Tom Steininger, Chief of Police; and Frank Ries, Fire Chief. Sweeney/Lynch moved to accept the resignation of Agnes Unze, Clerk Typist II, as submitted. Motion carried unanimously. There being no further business to come before the Council, Mayor Laurent adjourned the meeting to August 30, 1994 at 5: 00 p.m. The meeting adjourned at 5: 05 p.m. dr tutti rj. S. C x ty Clerk Recording Secretary )&a , August 16, 1994 Mr. Dennis Kraft City Administrator 129 Holmes Street South Shakopee MN. 55379 Re: Upper Valley Drainage System Dear Dennis : This letter is a follow up of my recent participation to the City of Shakopee ' s city council meeting on August 2 , 1994 . My initial intent when I attended this meeting was to address my concerns to the rip-rap that resides on my property. I also wanted to point out some other forms of final landscaping needed to finish this project, and to make my lot and the drainage ditch more appealing. As you recall Mr. Hutton provided the council with a video tape of an unfi- shed project, however, you have to agree that even when finished this rip-rap in my yard will not be a very appealing sight. I feeling laying rip-rap in someones yard is unsightly and depreciates the value of that lot. I also feel that the council was unfair in voting down some other type of final landscaping needed to finish this project. Moreover, it is my understanding that the council is more, interested in the money issue rather than how the poor choice of final grading will effect the appearance of my lot. Or maybe the fact is that the city went over there budget to construct a nice retaining wall for the residence of Spencer Street. Are we forgetting that my wife and I are tax paying citizens of this city. Now explain to me how a tax paying citizen of the City of Shakopee can be proud of this city with the decisions that where made to physically destroy a residence lot and make part of that lot completely useless to him and his family at the price at which I purchased it. The.' council my have been looking out for the other tax payers of this community, but what about the tax payer who has to live with the damages received to my yard. I believe that if this where any council members yard or any other city working officials yard that this project would not have been handled in this matter. I feel that as a tax paying citizen of Shakopee, I am not being treated properly on this issue and I intend to seek further legal advice. I would also like to urge the council to reconsider there first decision and come up with some other form of final landscaping. I am giving the council 30 days to reconsider there decision, because I feel the rip-rap is unacceptable, after which I intend to bring my case to court. Thank you. Sincerely, Joe • i .3 0 Who bone -1- ►5 4-kg... Tip - f r4P In my y ? C e a-4-wi+n Iv 404 6)1opet`5 if s,d'ence utAio own5 44)0,4 .)&asA.. Mut,54 b-e. _ i . c.1/3' k e ne *4 --- t,+� . ..i r\,,1 -Cat' Q. a eco u o n 44, A-AY nio�ne 5pk.NI` d � o,n , ck,p-cAio I i ,n m1 \) ka- . tJak - . ct'F4 o; 6/\I 511 A‘ )6eQ,z...) . • . .. City Council follows these goals in deciding „ how to use tax increment money: 1. The use of the money must comply with state law. 2. The money shall be used to meet a community need. 0 Projects using tax increment money must provide a benefit to current Shakopee residents. C4. ,Projects using tax increment money should result in fair, equitable and equal IIi opportunity for all Shakopee residents. , a 1 MEMORANDUM )04D TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Sportsmen's Coalition for A Clean Minnesota River Request for Consumption of Alcoholic Beverages on Public Property DATE: September 2, 1994 INTRODUCTION: The City has received a request to allow the consumption of alcoholic beverages on City property from the Sportsmen's Coalition for a Clean Minnesota River. BACKGROUND: The Sportsmen's Coalition for a Clean Minnesota River applied for a temporary non-intoxicating malt liquor license for September 10th at Murphy's Landing. The Coalition along with the Friends of the Minnesota Valley are sponsoring an educational event on September 10th from noon until 11: 00 p.m. The event is to raise public awareness of river issues and to educate citizens as to what they can do to help clean up the Minnesota River. In conjunction with the event they desire to provide food and refreshments. They have made arrangements with Murphy's Landing to utilizing the pavilion area. Upon receipt of all of their information for the application it was determined that they do not meet the requirements of the city code to obtain a license. They are not a non-profit organization having its registered office and principal place of activity within the City. Selling beer at event was just a nicety they wished to provide and was not intended to be a large money maker. Absent being eligible for a temporary beer license, they have asked if they could provide beer without a charge. The City Attorney can find no prohibition against giving away beer. The City does, however, have a prohibition on the consumption or possession of any alcoholic beverage on any City park, street, public property or private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council. There is not sufficient time for the Coalition to locate a qualified applicant who could make application for the temporary license and meet the publication requirements. If the dispensing of beer to individuals is limited to a confined area, as would be required for a license, staff recommends approval of the request. The Coalition plans on complying with this requirement. Sportsmen's Coalition for A Clean Minnesota River Request for Consumption of Alcoholic Beverages on Public Property Page -2- RECOMMENDED ACTION: Authorize the Sportsmen's Coalition for a Clean Minnesota River to dispense non-intoxicating malt liquor on City property located at Murphy's Landing, 2187 E. Hwy 101, on September 10, 1994, at no charge, subject to approval by the Murphy's Landing Executive Director. lob SCCIIRR SPORTSMEN'S COALITION FOR A CLEAN MINNESOTA RIVER To : Judy Cox Shakopee City Clerk 129 Holms Street 3 A ' 3 3 3 Shakopee , MN 55379-1351 17661 9 d3S Q 3clovvHS-10 AiiO From: Scott Sparlin Coord . SCCMR Re: Dispensing of beer on City property Ms . Cox, On September 10th, 1994, at the Murphy's Landing Pavillion in Shakopee , we are holding our 4th annual Minnesota River Rally. This rally is intended to raise public awareness as to the degraded condition of the Minnesota River and guide individuals and groups as to what can be done to change perceptions and actions that will improve water quality. At this event we wish to give away 3 .2 beer, we are asking your permission to do so . Your timely consideration of this matter is appreciated. In closing I would invite the City of Shakopee to join the SCCMR in our quest of a clean Minnesota River, group membership is $100 . 00 and the cities of Chaska and New Ulm have joined and offered support, yours would be the 34th member of groups that have committed to this important resource. SCOTT SPARLIN COORDINATOR PO BOX 488 NEW ULM, MN Si 1gg 5 6 0 7 3 parlin 507 / 359 - 2346 September 2, 1994 Friends of the Council Members City of Shakopee inner to 129 Holmes Street South Valley Shakopee, MN 55379-1351 3815 East 80th Street Bloomington, Minnesota 55425-1600 Dear Council Members: Honorary Board of Directors The Sportsmen's Coalition for a Clean Minnesota River and the Friends of the Minnesota Valley respectfully request that the Shirley K. Hunt Alexander Shakopee City Council give permission for 3.2 beer to be served at Edina, Minnesota the Fourth Annual Minnesota River Rally. Elmer L.Andersen Arden Hills, Minnesota The SCCMR and the Friends are co-sponsoring the Rally at Raymond Black Murphy's Landing in Shakopee on Saturday September 10th, from Mound, Minnesota noon to 11 pm. The purpose of the event is to raise public Les and Fran Blacklock awareness of river issues and educate citizens as to what they can Moose Lake, Minnesota do to help clean up the Minnesota River. Dr.Walter Breckenridge There will be a variety of entertainment as well as food and Minneapolis, Minnesota beverages. Because Murphy's Landing is on city property, we Forrest A. Carpenter understand that city permission is required to serve 3.2 beer on the Prior Lake, Minnesota premises. There is no charge for beer (we are giving it away), and Dr.Adele Skipton Elwell beer will be consumed at the pavilion area. Bemidji, Minnesota Robert L. Herbst Both SCCMR and the Friends are non-profit citizens groups devoted Duluth, Minnesota to protection of the natural resources of the Minnesota Valley and promotion of environmental education. William G. Kirchner Richfield, Minnesota Thank you for your consideration in this matter. Les Malkerson Shakopee, Minnesota Walter F. Mondale Sincerely, Minneapolis, Minnesota Charles M. Moos , _ " 7 V/Ai Deephaven, Minnesota Ann Haines Samuel H. Morgan St. Paul, Minnesota Executive Director Friends of the Minnesota Valley Richardson & Susan Okie White Bear Lake, Minnesota Kathleen Ridder St. Paul, Minnesota 4rs PRINTED ON 1�«r RECYCLED PAPER Working to conserve and manage wisely the cultural and natural resources of the Minnesota Valley. ✓✓ 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 Burl A. and Mary L. Zorn MEETING DATE: September 6, 1994 INTRODUCTION: Burl and Mary Zorn have requested a ten (10) foot variance from the required 30' front yard setback in order to construct a 20 foot by 16 foot addition, and a 20 foot by 12 foot deck, onto the west side of the home. The site is located on the southeast corner of the intersection of East 8th Avenue and Dakota Street, and is within the Urban Residential (R-2) Zoning District. At their August 4, 1994, meeting, the Board of Adjustment and Appeals denied the request for the variance. The applicants have appealed this decision to the City Council. BACKGROUND: The Board of Adjustment and Appeals opened the public hearing regarding this request at their July 9, 1994, meeting. The public hearing was continued to their August 4, 1994, meeting to allow time for additional research to be performed. At the August 4th meeting, a motion to approve the variance request failed by a vote of 3 to 3, with one member of the BOAA abstaining from the vote. The applicants have submitted the attached letter requesting an appeal of the decision of the BOAA. (See Attachment 1.) Also submitted is a petition of support signed by four neighbors residing on Dakota Street. (See Attachment 2.) A copy of the staff reports from the July 9, 1994, and August 4, 1994, meetings have also been attached to this staff report. Please refer to these staff reports for background information regarding this variance request. DISCUSSION: Setbacks are measured from property lines. On rectangular shaped corner lots, four setbacks are required by the Zoning Ordinance, including the front, street side, interior side, and rear yard setbacks. These yards are defined by the lot's orientation to public streets, starting with the front yard. For corner lots, such as the applicant's lot, the shortest property line adjacent to a street is defined as the front yard. The other street frontage becomes the street side yard. Opposite from the front yard is the rear yard; and opposite from the street side yard is their interior side yard. The subject site is zoned R-2. The front yard setback requirement is 30 feet (Dakota Street) and the street side yard setback requirement is 20 feet (8th Avenue). 1 The east-west orientation of the applicant's parcel is similar to the other lots to the south on Block 319, along Dakota Street. In contrast the three other corner lots on the same intersection as the applicant's site (8th Avenue and Dakota) have a north-south orientation, as do other lots to the north. This orientation difference results in a transition in setback requirements. Attachment No. 4 and Attachment No. 5 from the August 4, 1994, BOAA staff report illustrate the lot orientation patterns and the transitions for setbacks. Neither the average front yard setback provision in the existing Zoning Ordinance, nor the average street side yard setback provision proposed in the new Zoning Ordinance which was approved on June 7th, will allow the applicant's proposal to be constructed. ALTERNATIVES: 1. Uphold the decision of the Board of Adjustment and Appeals and affirm the denial of the variance request. 2. Overturn the decision of the Board of Adjustment and Appeals and approve a ten (10) foot variance to the 30 foot front yard setback requirement (Section 26, Subd. 5.B), as requested by the applicant. 3. Table the decision to allow the applicant and/ or staff to provide additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Appeal Resolution No. CC-690, A Resolution Approving A Ten (10) Foot Variance to Section 26, Subd. 5.B, and move its approval. (If the City Council concurs with the decision of the Board of Adjustment and Appeals to deny the variance request, the City Council should vote against the adoption of this Resolution.) {CITYCOUN\APPEALZO.906} 2 APPEAL RESOLUTION NO. CC-690 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A 10 FOOT VARIANCE TO SECTION 26, SUBD. 5.B. WHEREAS, Mary Zorn, the applicant and owner, has filed an application dated June 13, 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 twelve (12) foot variance to the 30 foot front yard setback requirement (Section 26, Subd. 5.B); and WHEREAS, Burl Zorn, representative for the applicant at the July 7, 1994, and August 4, 1994, public hearings regarding this request, stated that there was an error in the completion of the application and that only a ten (10) foot variance is being requested under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code; and WHEREAS, this parcel is presently zoned Urban Residential (R-2); and WHEREAS, the property upon which the request is being made is legally described as: The North Half of Lots 5 and 6, and the North Half of the West 20 feet of Lot 7, Valley View Addition; 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 time it heard from the City Planner and invited members of the public to comment. WHEREAS, at the conclusion of the public hearing, the motion to approve the variance request failed by a vote of three (3) to three (3), with one new Commissioner abstaining from the vote; 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-690 is hereby APPROVED, and the applicant has been granted a 10 foot variance to the 30 foot front yard setback requirement (Section 26, Subd. 5.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 1 5 1994 9: " K St BT i AVE //, r fat g _x OPEF: 1,1N 55379—'2E03 =,/.122712k 6' na145-3330 94 2n :1 ti f ni OBd 12 MAYOR GARY LAURENT / CITY COUNCIL CITY OF SHAKOPEE 129 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1351 SUBJECT: APPEAL OF DECISION OF THE SHAKOPEE BOARD OF ADJUSTMENT AND APPEALS MADE 4 AUG 9$, DENYING MY REQUEST FOR A 10' VARIANCE, OF ESTABLISHED CITY ORDINANCES, FOR FRONT YARD SETBACK . ON MY PROPERTY AT 910 EAST 8TH AVE IN SHAKOPEE . (ENCL#1 ) . MAYOR LAURENT, MEMBERS OF THE COUNCIL IT IS MY OPINION THAT I HAVE MET ALL 6 CRITERIA FOR VARIANCE APPROVAL WHICH I HAD OUTLINED IN MY ORIGINAL APPLICATION FOR VARIANCE SUBMITTED 13 JUNE 94 (SNCL#2) . I PRESENTED MY CASE TO THE BOARD OF ADJUSTMENT AND APPEALS ON 7-7-94 AND AGAIN OH 8-4-94 AT WHICH TIME MY APPLICATION FAILED ON A VOTE OF 3 TO 3 WITH - 1 ABSTENTION. MY APPEAL IS BASED ON WHAT I BELIEVE SHOULD BE THE BASIS FOR THE GRANTING OF ANY VARIANCE. THAT IS, ON A CASE BY CASE BASIS WHERE APPROVAL IS DETERMINED BY COMMUNITY ENHANCEMENT BASED UPON COMMON SENSE AND NOT UPON THE STRICT APPLICATION OF ORDINANCES. A VARIANCE IS, BY DEFINITION,AN EXCEPTION TO CODE AND THAT IS WHAT I AM REQUESTING. .._._. .-...,. MY PLAN OF CONSTRUCTION o C i i.; FOR AN ADDITION ON THE WEST SIDE OF MY HOUSE C :'` ' Q 16 ' R-,1)0MAND z 20 ' x 12 ' EC . W1711-LE TCS � �_ _.w FACT TE SIDE ? MY HOUSE , O _i - NC IT I n� ; OF7-71072 s^OUS- t .. i is v e.j�:,4 v - ��if � i� .--T7-' ,773F-0 T - r SUCH, TEE PLAN REQUIRES t 1 !7: 2 VARIANCE RIA? xCE OF EXISTIa_�._v' ORDINANCES, AND ALLOWS FOR A 2 0 SETBACK FROM MY PROPERTY LIRE ON THE DAKOTA STREET SIDE AT COMPLETION OF CONSTRUCTION. SIDING, WINDOWS AND ROOF WOULD MATCH THE MATERIALS NOW EXISTENT ON ORIGINAL HOUSE. DISCUSSION PROPERTY IS LOCATED ON A CORNER LOT AT THE SOUTHEAST CORNER OF DAKOTA AND 8TH AVE INTERSECTION. CONSTRUCTION COMPLETE, MY 20' SETBACK WOULD STILL EXCEED THAT NOW FOUND ON THE EAST SIDE OF DAKOTA SOUTH TO 4TH STREET WHICH INCLUDES NEW CONSTRUCTION OF MULTIPLE FAMILY UNITS RECENTLY APPROVED BY THE BOARD. OF THE 4 PROPERTIES LOCATED AT THE CORNER OF 8TH AVE AHD DAKOTA, NONE BUT NINE MEET THE 30 ' SETBACK REQUIREMENT AND IN FACT, ON THE DAKOTA SIDE OF THE OTHER. THREE HOUSES, NONE MEET EVEN THE 20 ' SETBACK. GRANTING MY VARIANCE WOULD BRING MY PROPERTY IN CONFORMITY WITH THE OTHER THREE PROPERTIES ON THE CORNER LOTS AT THIS INTERSECTION. PROPERTY OWNERS TO MY SOUTH ON THE EAST SIDE OF DAKOTA HAVE NO OBJECTION TO THIS PROJECT AND IN FACT FAVOR ITS COMPLETION AS IT ENHANCES THE APPEARANCE AND CONSEQUENT VALUE OF ALL PROPERTY IN THE IMMEDIATE NEIGHBORHOOD (SNCL#3) . MY ALTERNATIVE BUILDING SITES ON THIS PROPERTY ARE . AT THE FRONT OF MY HOUSE (SIDE OF HOUSE BY ORDINANCE DESCRIPTION) WHICH WOULD BE TOTALLY IMPRACTICAL , AS WELL AS DESTROYING THE SYMMETRIC LOOK OF THE OTHER HOMES ON THE SOUTH SIDE OF 8TH - ,, ... w:A;t. �-ems--- +•-r_-� ..--.._.rte AVE A ST ,O M EOE . SECTION 11 . 03 , SUBd. 3 . OF THE CITY CODE STA TES THAT OE CORNER LOTS, TEE REQUIRED FRONT I:21.RD SETBACK SHALL BE PROVIDED ON BOTH STREETS , HOWEVER, WITHIN THE R-2 -ZONING DISTRICT , THIS SETBACK M Y BE RED CED 10 ' IN 4 2 1..1''Ejl I O DETERMINED TO BE THE ST.REET SID.=' YARD.. TS I S IS EXACTLY WHAT I WISH TO HAVE DONE . UNEOR 'UNAT io,1 , BY DEFINITION THE ACTUAL STREET SIDE OF MY HOME IS CONSIDERED THE FRONT OF MY HOME BY ORDIRNCE DEFINITION. THIS SECTION OF THE CODE WAS OBVIOUSLY ADOPTED TO TAKE CARE OF THE SPECIAi. PROBLEMS FOUND BY OWNERS OF CORNER LOTS. BECAUSE MY LOT IS NOT DEEP ENOUGH FOR THE FRONT OF MY HOUSE TO BE CONSIDERED THE FRONT OF MY HOUSE, I AM DENIED THE BENEFIT OF THIS PROVISION BY ORDINANCE. AGAIN, THE OTHER 3 PROPERTY OWNERS AT THE INTERSECTION WHERE WE ARE LOCATED HAVE CONSTRUCTED BUILDINGS CLOSER TO DAKOTA STREET THAN MY PROPOSED BUILDING WTTA BE AFTER CONSTRUCTION. QUOTING FROM THE APPLICABLE ORDINANCE,"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 PROPERTY OWNERS IN THE USE OF THEIR LAND. ' THIS LANGUAGE FITS MY CASE PRECISELY. BY EXISTING ORDINANCE, I KNOW THAT MY CORNER LOT DOES NOT MEET REQUIREMENTS WHICH WOULD ALLOW ME TO ADD THE ADDITION I HAVE PLANNED. THAT IS WHY I HAVE ASKED FOR A VARIANCE. I DO NOT PROPOSE TO CHANGE EXISTING ORDINANCES BUT MERELY TO BE GRANTED THE AUTHORITY TO BUILD AN ADDITION ON MY HOME WHICH CONFORMS TO COMMUNITY STANDARDS, IMPROVES THE APPEARANCE AND VALUE OF THE NEIGHBORHOOD, ENHANCES THE TAX BASE, CONTRIBUTES TO THE MAINTENANCE OF WHAT IS SOON TO BE THE SHAKOPEE INNER CITY, AND MOST IMPORTANT DIMINISHES BO ONES RIGBY'S OR PROPERTY VALUE. 24"- YLui i L :t. -e._=_ Jl ai-..S-AS UENS L vaa i aJ._.1 NE . F1C 0 THE CITY 71,ND IS DETRIMEN-TTO NO T - PL i COV-7--R S Tu yA^ a L TN PUBLI*. MEETING OF THE CITY COUNCIL AND TO PROVIDE AN EXPANDED JUSTIFICATION, KEYED TO THE 6 CRITERIA, UPON WHICH TEE GRANTING OF A VARIANCE IS CONDITIONED . I RESPECTFULLY REQUEST THAT MY APPLICATION FOR VARIANCE BE FAVORABLY CONSIDERED BY THE CITY COUNCIL . APPRO ING THIS APPLICATION IS FAIR, HURTS NO ONE, AND IS BENEFICIAL TO THE CITY AND MY PARTICULAR NEIGHBORHOOD. SINCERELY 611&/A 4IF a 17 OtAll BURL A. SO 11) MAReR L. RN ,15 ATTACHMENT 2 TC iiHng IT ALE_ :94 fez17 .1; j' ADY2-SE k_e LOOKED AT THE PROPOSED BLiTIDING PLAN FOR THE ADDITION TO THE WEST SIDE (DAKOTA AVE) OF BURL AND '41iat"i'r ZORN'S HOUSE AT 91(1 EAST 8TH AVE. I AK ALSO AWARE OF THEIR APPLICATION _FOR A VARIANCE OF 10 ORDER FOR THEM TO COMPLETE THE CONSTRUCTION THEY HAVE PLANNED. PLEASE BE ADVISED .!1117'T OBJECTION WHATEVER 7i0 THE ZORN'S PROPOSED PROJECT. -S '/ 77 3/0/9 (1 _276.,_27_41_44._._ 01 . .. • • geOr P/e-bY bff' fte 0 -*-3- 5;19 'IQ ez. Applicant: Mary L. Zorn Memo To: Shakopee Board of Adjustment and Appeals From: Terrie Sandbeck, Assistant City Planner Meeting Date: July 7, 1994 Re: PC-690, 12' Front Yard Setback Variance Site Information Applicant Mary L. Zorn Location 910 East 8th Avenue Current Zoning Urban Residential, (R-2) Comp. Plan Designation 1980 - Single Family Residential Draft 1990 - Single Family Residential Municipal Utilities Site is served by municipal utilities. Adjacent Zoning Zone Title North R-2 Urban Residential South R-2 Urban Residential East R-2 Urban Residential West R-2 Urban Residential Case History There have been no Variances approved, or Conditional Use Permits issued, for this site. Introduction The applicant is requesting a 12 foot variance to Section 11.26, Subd. 5.B, for the construction of a 20 foot by 16 foot addition, and a 20 foot by 12 foot deck, onto the west side of the home. The site is located on the northeast corner of East 8th Avenue and Dakota Street. If the variance request were approved, the addition and the deck would be 12 feet into the required 30 foot front yard setback, and 18 feet from the property line along Dakota Street. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Portion of the Section Map which provides the Location of the Site; Exhibit C, Site Plan; and Exhibit D, Photographs of the Site. The applicant requests a variance from the following section of the City Code: Section Subd. Subject Section 11.26 Subd. 5.B Front Yard Setback of 30' in the R-2 Zoning 1 District The "front yard" is defined as the shortest of the two frontages. Section 11.03, Subd. 3, regarding lot provisions, 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 yard. For the subject site, the "front yard", as defined by the City Code, faces west, toward Dakota Street, and requires a 30 foot setback; and the "street side yard" faces north, toward 8th Avenue, and requires only a 20 foot setback. (See Exhibit B.) The front door to the residence and the driveway are oriented to the north, toward East 8th Avenue. Section 11.03, Subd. 7.F. states the following: "Where adjoining structures existing on the effective date of this Chapter have a dfferent setback from that required, the front setback of a new structure shall conform to the average prevailing setback. The average prevailing setback shall be the average of all existing principal buildings on the same block face. " Staff met with the property owner on April 2, 1994, to discuss the possibility of using this computation. However, the average setback is 30 feet for the homes on the block face adjacent to Dakota. Therefore, this provision is not of help to the applicant. Findings The criteria required for the granting of variances are listed below with staff findings. Criterion 1 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 Exceptional or extraordinary circumstances do not apply to this property. The subject site is a rectangular, corner lot. It is comparable in size (lot width, depth and area) and shape to other properties in the vicinity and in the R-2 zone. 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. 2 Finding Dkbtus theOther 30 foot structures front on yardthe setbackaota requirementStreet lock face. The ha av‘e'er a bg ne gn concept consris cted availauingble for consideration to the subject site, but does not reduce the setbacks. As researched by staff, other structures on the Dakota block face have an average setback of 30 feet. Had other structures on the block face been located closer to Dakota Street, the average prevailing setback provision could have been applied. The averaging concept is intended to provide continuity for setbacks for nonconforming structures on a common block face. The update of Chapter 11, the Zoning Ordinance, is currently underway. Although the text has been approved, the mapping process must be completed prior to implementing the new ordinance. Section 11.30, Subd. 5, of the new Zoning Ordinance discusses design standards within the "Old Shakopee Residential Zone", and states the following: "Minimum front yard setback: equal to the average setback of other principal structures on the block. If there are fewer than three structures on the block, the setback is 30 feet. "Minimum street side yard setback: equal to the average street side yard setback of other principal structures on the block. If non exist, the setback is 10 feet. " Although these proposed provisions will be helpful to a number of residents within the older portion of Shakopee, they would not be of help to the applicant due to the configuration of the lot on the block. Criterion 3 That the special conditions or circumstances do not result from the actions of the applicant. Finding The applicant is requesting to build the 16 foot by 20 foot addition which would extend into the front yard setback. Other design alternatives do exist for constructing within the required setbacks. Approximately 8 to 10 feet of yard space exists between the west wall of the house and the 30 foot front yard setback line, based upon information submitted by the applicant. In addition, there is approximately 14 feet of distance between the north side of the house and the 20 foot required street side yard setback. 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. 3 Finding The variance would confer a special privilege to the applicant. The standard R-2 Zoning District building setbacks would be exceeded, as well as the averaging of the front yard setbacks, which is already included in the Zoning Ordinance. The averaging setback concept was placed in the ordinance to recognize hardships with existing nonconforming structures. Criterion 5 The variance requested is the minimum variance which would alleviate the hardship. Finding The 12 foot variance for the 16 foot by 20 foot addition is not the minimum variance possible. Other alternatives for additions to the subject residence are possible which would meet the setback requirements, or be significantly less than the proposed variance. 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 district regulations, as well as the averaging concept and their applications to other areas in the same zone. 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 12 foot variance from the 30 foot front yard setback requirement because the criteria for granting variances cannot be satisfied. Action Requested 4 Offer Variance Resolution No. PC-690, A Resolution Approving a 12 Foot Variance to Section 26, Subd. 5.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\VARZORN.JU} 5 EXHIBIT A i' , r , 168' - !' 1.-'�" - ! , �;, ,` �-►. r-T�'„�, r' -,. ate- N �' _ _ It- •,_ k , ., Il• 1. , _vs . . i . I I , iii uko \ i Vg• ' • grokit. • e..- I' , , ----., /IL , ,,,i\ I i,r1 crr ‘ wag Wig latCLj 413. gcr; \a” „„ 0 -r no �� 1 �� ilt lint S13.\ TA: I lig� 161. N C i iit i ' oat 1111 sewilis t o�1■r� �TSS lami . �1��a �©�e y©— . illa .. • :11111 11111 _I :MI1l _ ��� Sam —iia NII Irill llill • • �Ii �� e�� i! ' l 1 �Eit vrids �� MaimM�. ++ i moE • \ , f a age a cmT1 =Dag ■111 m1. • 1 ,R . 1---L Am li. WS a .1.1i Ell B- - moreAtacrY r i —'- aDCIT Y —I -� Wit. 2W'OD . -6 =MI- ' I ti 'CI a i ''i 1 moo ,-;,--7, , Intl ' ` ' 1 'AG AGRICULTURE -` —I� ` i 21 Nonmi eE� 5 411 .. -= �L� I . 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W Cf O cJ 'A371208.S'OI 3 O � L33?lLS ,tfr i U Fr e Q1 J EXHIBIT D VARIANCE REQUEST Mary Zorn 910 East 8th Avarice Photographs taken by Terrie Sandbeck, Assistant Planner on April 2, 1994 .-00111 • View of Zorn Home from ;GIS , ,' Dakota Street, facing East • _ j' i�r 40, • w^. R. ta Y`Y • .. i View of Adjacent Structures from Dakota Street, facing Southeast MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Terrie Sandbeck, Assistant City Planner RE: Variance from the Required 30' Front Yard Setback MEETING DATE: August 4, 1994 INTRODUCTION: Mary Zorn has submitted an application for a twelve (12) foot variance from the required 30' front yard setback in order to construct a 20 foot by 16 foot addition, and a 20 foot by 12 foot deck, onto the west side of the home. The site is located on the southeast corner of the intersection of East 8th Avenue and Dakota Street, and is within the Urban Residential (R-2) Zoning District. The Board of Adjustment and Appeals opened the public hearing regarding this request at their meeting on July 7, 1994. After much discussion regarding the request, the Board continued the public hearing to the August 4, 1994, meeting, and requested additional information. The purpose of this memo is to provide the requested information to assist the Board in making a decision. Attached is the copy of the July 7, 1994, staff report for your reference. DISCUSSION: A variance allows a deviation from a Zoning Ordinance requirement in unique situations generally related to lot size, shape, or geography. Most variances are directly related to geographic features, such as a swampy area, steep slope, or a rocky area within a parcel. Such features would place an undue hardship on the landowner in developing his property if his variance were not granted. The Board of Adjustment and Appeals may grant a variance only in the event that the six (6) criterion for granting variances are met. These six criterion are listed in the copy of the July 7, 1994, staff report. The role of the Board of Adjustment and Appeals is to look at the facts like a judge, and to make a decision. To assist the Board in making this decision, staff has provided the following information: 1 . Definitions: Lot Line: Front: That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. 1 Rear: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Side: Any boundary of a lot which is not a front lot line or a rear lot line. Yard: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted by this Chapter. Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way to a depth required in the yard regulations for the district in which such lot is located. Rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. Side: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Street A yard extending along the side lot line adjacent to a street, and Side: located between the front and rear yards. Setback: The minimum horizontal distance between a structure or a sanitary facility and the property lines of the lot. 2. Application of the Provisions of the Zoning Ordinance to the Subject Site: Section 11 .26, Subd. 5.B, states that the front yard setback requirement within the R-2 Zoning District is 30 feet. Section 11 .02 states that the "front yard" is defined as the shortest of the two frontages. Section 11 .03, Subd. 3, regarding lot provisions, 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 side yard. For the subject site, the "front yard", as defined by the City Code, faces 2 west, toward Dakota Street, and requires a 30 foot setback; and the "street side yard" faces north, toward 8th Avenue, and requires only a 20 foot setback. Please refer to Attachment No. 2 for a visual representation of this application. The orientation of the structure, or of the access drive, do not affect the Zoning Ordinance's definition of the "front yard". 3. Alternative to Staff's Application of the Provisions of the Zoning Ordinance to the Subject Site: At the BOAA meeting on July 7, 1994, some of the members of the Board suggested that the orientation of the house should determine the "front yard". If this were applied to the subject site, the buildable area would be reduced from 3,600 square feet (45' by 80') to 1 ,650 square feet (15' by 110') of buildable area. In addition to reducing the buildable area, this alternative would also increase the non-conformity of the existing structure. Please refer to Attachment No. 2 for a visual representation of this application. 4. Purpose of Setbacks: * To provide for adequate light, air, and privacy. * To afford safe play space for children and recreation space for older persons. * To reduce fire hazards and to provide adequate access for fire fighting purposes. * To provide traffic safety and visibility on streets, alleys, and driveways. * To provide for consistent building massing and establish the placement of structures on parcels. * To limit the amount of impervious surface for stormwater management objectives. * To maintain a healthful and safe environment. 5. Alternatives to Staff's Application of the Provisions of the Zoning Ordinance: At the meeting on July 7, 1994, some of the members of the Board suggested other alternatives to the existing provisions of the Zoning Ordinance. To assist in the visualization of these alternative applications, staff has provided a drawing of a typical city block which provides four alternative setback applications for corner lots. Please refer to Attachment No. 1 . These four alternatives include: A. Current setbacks. B. Assuming reorientation of street side yard as front. C. Without the 10' reduction to the street side yard setback. 3 D. Without a street side yard setback at all. 6. Existing Front and Street Side Yard Setbacks of Structures Located on adjacent corners: NORTHWEST CORNER: Constructed in 1967. Front Yard Setback: No City Records St. Side Yard Setback: No City Records SOUTHWEST CORNER: Constructed in 1960. Front Yard Setback: 32' St. Side Yard Setback: 20' NORTHEAST CORNER: Constructed in 1957. Front Yard Setback: No City Records St. Side Yard Setback: 24' SUBJECT SITE: Constructed in 1960. Front Yard Setback: No City Records (40' per applicant's site plan) St. Side Yard Setback: No City Records (32' per applicant's site plan) The information listed above is provided on a copy of a portion of a Section Map (see Attachment No. 4). Attachment No. 5 illustrates the lot orientation and front yard setbacks. As this areal photograph illustrates, the applicant's lot has an east/west orientation, while the other three corner lots in the immediate area have a north/south orientation. Therefore, the applicant's setbacks are not comparable to the setbacks required for the other corner lots. The building lines will not match with those of the other block faces. Please refer to these attachments for a more visual representation of this information. 7. Information Required for a Building Permit: At the July 7, 1994, meeting, Mr. Burl Zorn stated that the applicant is requesting only a ten (10) foot variance, and not a twelve (12) foot variance as stated in the July staff report. Both the "Application for Variance Database Worksheet" and the site plan submitted by the applicant show that a twelve (12) foot variance is being requested. If this variance is approved, 4 the applicant should be aware that the approval of the Building Permit will require verification of the location of the property line, and the distance between the property line and the footings. ALTERNATIVES: 1 . Deny the variance request. 2. Approve the variance request. 3. Continue the public hearing and request additional information from the applicant and/or staff. 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 certain criteria can be met. Staff is recommending denial of the application for the variance from the 30 foot front yard setback requirement because the criteria for granting variances cannot be satisfied. ACTION REQUESTED: Offer Variance Resolution No. PC-690, A Resolution Approving a 12 Foot Variance to Section 26, Subd. 5.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.) {PIAN C O M Vit\V ARZO RN.J U} 5 ... „.... , . ... ,,. . ,., ...... ....... 0.1 'I.' .... . .... C..n •.... 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CT hi, e. ;4 ..,..,,...i i "••`;',•,•n..:...I-24.ic',-r--,0•.,• , ". � t g r. .V 4 r 4 - y ».• "� 1r FRO E �; . xY I4 w:v•:IA' Dian ir . . .. ._*..,, _ _ ..4, i a - -'''''•-•-.'''!"-V• •—..'!,'-'--' "7V.-,,j _ _ ------- - '''''''''42"..:1:7.'1:-..:1" ...- .- . _ . 4,,...._,:, y STREET SIDE. 1 . - E. SUBJECT SITE yy� C/44 � E n . at s� .��.- -. I „�s� _ 12, It ;„1„;«, a. . r----, _ __ . i • ,'''•---- 1." . a -- • 1 r. O - '�.. y ..P t - .Y �' q •n •-t. , *""1.. At* I Ili - � i a A NORTH -,.', 4 b °' " -' fir. - MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Appeal of the Decision of the Shakopee Board of Adjustment and Appeals CAN AM Recreational Vehicles Sign Variance MEETING DATE: September 6, 1994 INTRODUCTION: At the August 16, 1994 meeting, the City Council tabled the sign variance appeal request from Mr. Don Weber of CAN AM Recreational Vehicles in order to allow time for staff to research the new Zoning Ordinance requirements for free-standing signs and identify how they would impact the variance request. BACKGROUND: CAN AM Recreational Vehicles requested a variance to the maximum area and height requirements for a free-standing sign in the B-1 district. The subject site is located at 6220 Highway 101. Assuming the site is zoned Highway Business under the new Zoning Ordinance, it will be subject to the following: "Free-standing and business complex signs shall not exceed one square foot per linear foot of street frontage, not to exceed 150 square feet in area. No free-standing sign shall exceed 20 feet in height. One sign structure per street frontage shall be permitted." The free-standing sign on the subject site is a nonconforming sign. The existing free-standing sign on the subject site contains 204 square feet of sign area (54 square feet in excess of that allowed by both the current and new Zoning Ordinance text requirements) and measures 22 feet in height. The proposed sign would add 60 square feet of sign area. The subject site has approximately 583 feet of frontage to Highway 101. The sign regulations do allow additional wall signage to be constructed on a property with more than one tenant. A maximum of 200 square feet per tenant is allowed. DISCUSSION: The purpose of free-standing signage is to identify a site to passing motorists. The amount of information or advertising that can be understood by the passing motorists is limited by the vehicle speed and amount of signage. Free-standing signs can be a traffic hazard by distracting a driver's attention from the road. Large free-standing signs also can become dangerous in high wind situations, block views, obstruct light and air to properties, 1 impact property values, and create negative aesthetic images for a community. The 150 square foot free-standing sign area maximum has been adhered to by several multi tenant properties in the City's commercially zoned areas. For example, the Shakopee Town Square Mall has a dozen or more tenants on their site and have developed adequate free-standing signage which identifies its multiple tenants. Other businesses along Marschall Road and Hwy 101/1st Avenue have also constructed signage within the sign ordinance requirements. Increasing the allowable size of free-standing signage to 264 square feet becomes a competitive disadvantage for smaller businesses on other B-1 zoned properties in the City. Larger businesses will tend to construct to the maximum sign areas allowed. The larger signage becomes more costly to smaller local businesses and result in more visual clutter for the community. Variance appeals are reviewed under the six criteria established in the Zoning Ordinance. Attached is a copy of the August 16 City Council memo which addresses these six criteria. ALTERNATIVES: 1. Uphold the decision of the Board of Adjustment and Appeal and affirm the denial of the variance request. 2. Overturn the decision of the Board of Adjustment and Appeals and approve that the variance request regarding the maximum area allowed for free-standing signs and the maximum height 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. RECOMMENDATION: Staff recommends alternative #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.) 2 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 T. 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-1), 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. 1 RECOMMENDATION: Staff recommends Alternative No. 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.) {CmCO UN\APPEALCA.816} 2 APPEAL RESOLUTION NO. CC-689 A RESOLUTION OF THE CITY OF SHAKOPEE, MLN:IESOTA, 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, SUED. 4.B (2), ITEIM 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 �`' Cati M RECREATIONAL VEHICLES Choice it .RV Sales & Rentals' City Of Shakopee July 14/94 Board Of Adjustments And Appeals To Whom it may concern, This letter is to appeal the decision to deny our request for a variance ?C 689 , to allow us to erect a permanent sicn for our business , Can Am ecreat _ 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 hic 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 would be too late for them to stop and enter the driveway. 2We --are being denied the same rights commonly enjoyed by neighboring businesse in--the fact that we are currently unable to erect a sign, which all neighborin< _ businesses already have. The sign we are requesting is 60 square feet,and bein that the existing sign belongs to another business,we do not feel that our req- 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 detrimental to the purposes of this chapter, or to the property in the same zone. Public health and safety is in no way affected by the granting of a variance . 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 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 101 South,Shakccee,MN 55379 Tetephore (6612)4=5-1252 RECREATIONAL VEHICLES "First Ct :e in RV S_'es& c ) Prosperity and General welfare will also be enhanced if a sicn 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 van'_ 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—resultA.n= a traffic accident, and therefor should be of prime concern to the._:city.- of Shakopee,:because, as stated in section 11 .' 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 encl-osed. Sincerely, 2.9 Don Weber Can Am R.V. r 6220 Highway 101 South.Shakcpee.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-1) 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 1 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.21Uy 4 EXHIBIT A • • AG.\ /.z •• • • • • _ \� • ' (• • • t •. • • �� • •� - • �• Et. • • ' AG 12 / 1 �� '77 . . • • • • • ..i.• '. �. - , --ifiaiiil t� a'' .J' i SUBJECT SITE > '. B1 ^••.�.ti .� . . • ------ - 1 li / i i .r 1 i ` tl �..' J '� • - .•= B t tr--- --- i f, , . u ua i __ ` _ I' C ., _ - 1 � �� AG AGRICULTURE R 1 RURAL RESIDENTIAL '., R2 URBAN RESIDENTIAL- __ R3 MID-DENSITY RES. -., R4 MULTI FAMILY RES. B 1 HIGHWAY BUSINESS 11 B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS -- I1 LIGHT INDUSTRIAL- -°-- R1 12 HEAVY INDUSTRIAL -- S SHORELAND3 FLOODPLAIN DISTRICT i -•-- MANDATORY PUD , RTO RACETRACK DISTRICT - ' Zoning Map City of SHAKOPEE LXHIJil'1 .tS - � z .ti APPLICATION FOR a1LDING PERMIT SHAKOPEE, MINNESOTA 55379 //.-F' ,> 612-445-3650 B.P. No. i , '•,..__ / -% APPLICANT TO COMPLETE NUMBERED SPACES ONLY - I PROJECT ADDRESS l C ., /� , U l R I _pi Pi U(/P'�EE�/'l��1/tilt riAi. _- I OW NLN OF LAND / L / N /:IF ,S Ciq L" • iA/6 \ I.: r • L'r _..__ r 'NAME AOORESS 7 DESCRIPTION OF LANG ST LOT. 511"..C- • 7 -7:7,,,.v S!i IP / , .3 NC c .., ..,_ IN OIK AIPOIIION PARCEL NUJ r MF ILS ANU UOUNUS.PLAT RA- .g' S OFR -o.-441 0 I- +, s o l A APPLICANT W,.Z,.} S ci I. AJ r o 4.7-7 ! /^ r .--;.^ -- NAME ADDRESS T. C.ONTRAPTOR P Cra, 'I L.- Pi-i QAicr i) 7L..`? -,?.)-4 t-j . NAME AOORESS V. CLASS OF WORK . .•ADDITION . ..ALTERATION -REPAIR . •MOVE . I•RAZING -HOUSE X-S;GN -PATIO -PORCH -STORAGE SLOG. ,•TANK . DRIVEWAY - -FENCE -GARAGE I 1.1 •.. N......N •q INN.11-•I FALL/ .. . / 7Q._I_ i la. .. FY:. . -uF ,....c., C A _O-LJ a POLO. _ (5 ,34 S. SLOG WIDTH. G•TL). ;,i0 CO i SLOG. LENGTH- BLDG. HEIGHT 9 ESTIMATED COST_OR VALUE. S7 c -, q.5.--v SPACE itELOW FOR OFFICIAL USE ONLY TYPE OF CONST TOTAL SO FEET =- FIRE ZONE NO DWELLING UNITSI OCCUPANCY GROUP NO OF STORIES USE ZONE DIVISION -- MAK OCC. LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES ' REO"D - YES , NO COVERED UNCOVERED LIMITING CONDITIONS PLICATION APPROVALS filmL- 7/ ,/11 Y-ZON G ADMINISTRATOR DATE -\ COMMENTS � i. : :.•• ct L. ?zi4Z- CITY[NGr [tR - • _ / oArc \1 circ YUI�� / DATE APPLICATION FEES �. NOTES PERMIT S 2).fl C I. SEPARATE "PERMITS ARE REQUIRED FOR S PLAN CHECK ELECTRICAL PLUMBING. MECHANICAL. SEPTIC TANK.SIGNS..AND WELL INSTALLATIONS. GRADE ANO SURVEY CHECK S Z.THIS PERMIT BECOMES NULL ANO VOID IF WORK PARK ANO LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- FIRE NUMBER S MENCEO-WITHIN-120 DAYS.OR IF CONSTRUCTION IS SUSPENDED OR ABANDONEDFOR A PERIOD OF I20 WATER CONNECTION S `DAYS AT-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 7 FOLLOWING: TOTAL $ 7_y, z 7 A.COMMERCIAL PROJECTS X �T B.INDUSTRIAL PROJECTS A7‘..37,0,24..00 .AC.RESIDENTIAL DWELLINGS P �" (OVER) SIGNATURE GF ...l1GANT 7- ii- 2; DA>E WHITE-INSPECTOR YELLOW•FILE PINK-APPLICA, 1111• c IPI ,'In .sill I - A•.:) ,rEC.r''AT•ONS THE PIANS SHALL INCIUDE A SIJRVEc= -, I nR LON P :r_TI ON S ,., PE DONE PREPARED Ann AT'r^•-FD E' A A .I AI I r. .+A....lN P 107 AND PUCK N.:rnr,FF DMA NCIONA OF LOT AND NOATH POINT p hIMI N'.InN.: Or rAnr,' RI Aa AND SIOF VAaDS I 1n,A Irr"N "I AII rfitPIN,-• RIIILIINC.S ON T-)r LOT I , All 'I. I I rr.'I.O•I I Il. II nlNr OH rDN^.TAIICTION c. III) Altlrr. '•I IAKI S I SI AHI 1,111-0 IIY T..E SI)HVEYbw ALONG EACI-I SIDE LOr I.Nr- AT THF PHONY AND PEAR BUILDING LINES. THF MAINTENENCE OF THESE. STAKES ONCE ESTABLISHED BY THE SURVEYOR SHALL BE THE RESPONS'P LIT. OF THE BUILDING PERMIT APPLICANT II ,IR •anr ,ARn ANT) AFTRArK. DIMENSIONS OE RUILD'NOS LOCATED ON ADJACENT LOTS I 1111 Iii. All.,?) r.1 Al 1 I A r.i4 r11'. A. •.1I.I•.VN ON IJI-CflNf) I•I A r f,I)A11F I- r'IA ITUNS AT THE l'OI.LOWING POINTS 1. FACIA LOT CORNER )BOTH EXISTING ANO PROPOSED) _ 2' CROWN OF STREET A7 EACH LOT LINE EXTENDED l' TOP—OF C)/R9 AT EAC/-I LOT LINE EXTENDED Nnr) or NO CIIHR EXISTS, RI Ur TOPS TO PE ESTABLISHED t. I•r)4r1•r)•.111 I AWN ANTI I)IrlVf WA'r El.EVA TIONS Ar AIL SIDES OF DUILOINJ: .._ SI I-LEVATIONS OF THE TOP OF FOUNDATION ANO GARAGE FLOOR NOTE--SIKH ELEVATIONS MAY 9E BASED UPON AN ASSUMED DATUM K THE PROPOSED DISPOSAL OF DRAINAGE AND SURFACE WATERS.' INDICATING DIRECTION Or SURFACE WATER DRAINAGE Re 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 ANO ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT ,70--' E.7 /-//r1-/ PLEASE SIGN ON REVERSE SIDE f. A I , ' _z1 4 I r-` ) -.., �'� \ �. T� .....\ A i 1 (.-•)1 .,s ik'‘1 . c. Q....1„ \..)-...--_-1..-..1--- I \� 1 : 4\. \ . 11 II - _ \ k______ S-FT - ' 1 I \ \‘: --- --------1 , rPA•,v SKETCH HERE WHEN REOUIRED EXHIBIT C RECREATIONAL VEHICLES Sal , 3 Rents-= — City Of Shakopee Jure 1 /94 129 South Holmes Street Shakopee, MN. 55379 R=: Variance application. From: Don c e:er Can Am Rec_=.atioral Vehicles Unit B, 6220 Hwy 101 S, Shakopee, MN. 53379 To whom it tray concern, This letter is toaccoi- any our-application for a varia=nce. We wish to erect alighted,-perrmannent sign near Hwy 101 , in front of our office. Our office-:-is_located a considerable distance back from the road, and is blocked.from view by buildings of neighboring businesses and trees on our left-2AndIright. Due_to this blocked view, it is extremely diffi- to attractzpasse=sby to our office. Also, any customers on their way to see us are having a'hard time finding- us. Of very real concerti to-us_-:is that the lack of a permanent sign gives our company an image o£:_instability, that is we don't appear as a long term company without a-proper, permanent sign. In_our business of motorhome sales and rentals, an unstable-.-image does not instill confidence in potential customers-who tray 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,ce� 1 Don Weber r 5220 ' ighway 1C,• Scut!". Sha•::e2 MN 55379 Teie^hone (E'2• 445-1252 EXHIBIT r _ _ • ;. • . .•f s -, t4E, 3 111111111116r1".iste....4402114140 •rit • 111191453. 14,- ••1111M101111=116... 0 • • • • ! ^ r'C T' EXHIBIT E • ' , 1I i f t..Y.1 404 0.%4\ 1 e• ,... , 0,4\ ,, . v-\ i ,t1 ,.,- 0.,-, . . . . .. . . . . • . . .• 1 •I .i „t ►STttJv . zz _ _. . . 1 ` '' _--..:.-;rc-_,..;`CA -,- -; .sem: RECREATIONAL VEHICLES MOTOR HafitE I Atb` 1 I . . f ...... 1 • - _�. • '1:Le • ti• WARMING: bettwo\\ �. MC . N Pi�� •••4•yntq Ntv.:t of tr..ecr0ir _ALE [DATE 1-t 3 fig I! .P.I.::A .a...i.44.,cm.n of SW 14 . r • t ^'► _ . � J• •--. . . tw _'Fig s.s �"'� jSSs-..�. y .•..�' i- jt ti S .•may. �+''''r'" �. - ;• i • •t.-.,•:,-'7,0;:".r�•vt •al 7% '1�-L Z_.-7 •---OTr ^ .. `' y 5 •� � 1 '* 'tom f` •;; • . . t Li 'rC_:=G a `:.�. -`�`_ '`` 'c.. J. .IF'y ; _= R XHIBIT F ,= G _ y 4--•i Rt 'Z.n. -•.. d S.r�s a•' 3G1'i •:''. T r t. r •"•-t• �/ .c. r r_r f.,- t.):-.1. -• •• • • M ..-. ,.�<�. i-• _;�•'L•�R :r•.t- >_•c�'{..r r •e �1 '� -., ?�.. ` .- .'••� :`t' t .•za. ,vita" rT s f ? •c r�•• >s_r �J- �` r ;�c..• :� G rot•..a .!•4.....3-,11•• • 7i.y -1 .t a,C•rl I-' �. .7,.:74...i-11.7.,:,': a 1*. .".".1....--�`• --"-'• ••Y'v i} •w.+•' _r .•rte_•• �: •�.,' ..:•.•-_.%:-7..�1 -- i� _0... • . _ cx,.••-si.•2,..-40 •,�A •'7• ?i.'r,_,,,,����Ttry r•1-. ..i.:-:. `i s _ s• ?1 ;x y}�', .-1 � j i a�y'S ; ��_. -j. yj t"ti•i.''}�`f,iii.f..,;‘:.S'r _r•I�V jam: -t _ : '44.- -i. ..•.iML a}' _ ..'-_ �s'' �'r4<- . `•. •,s• :: ?4�. w-?i. 4"..sit z;. -�_ . --'r=` ~�1" r.;- �. 'Y t.;je- �-Y 7 ~.;• .••••='T">r • -•t -.moi - a < d. i ��'s' �'70-......r.- - s ./• •r ��- ,= - -.^. - ''Y T:- ,atm =i -4-L.-At,. ..., �• 'a� -,:. • .���. Z=,l' - ''':'.1.---".......--"2-- -4. . F! -a i -c ?i K_ . ia�.` w 'e" �.�3�,,Y • f t3 '!''e _moi:- .??..4t"*...).:..... a 3 -'� ,.......1: _........v Z.r- •}� SFJ +7- =" •2_'�T �j,+ •:....": ,,,/..+,4,`r t1? _ T`f" r,?'f= l� MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Transit Circulator (Memorandum of Understanding) DATE: August 24, 1994 INTRODUCTION: The 1994 Transit Budget included funds to implement a new transit service in Shakopee on a six month demonstration project basis. The new service will augment our Van Pool Program and provide Shakopee residents with additional transit service to Downtown Minneapolis, the Mega Mall and Eden Prairie. BACKGROUND: In an effort to coordinate transit service in the Southwest metro area, staff has been working with Southwest Metro Transit to develop the new transit service component. Southwest Metro currently has numerous vehicles providing express fixed route service to Downtown Minneapolis. Southwest Metro is willing to work with the City of Shakopee to extend one of their existing routes to provide express service to Shakopee during peak AM and PM times. Staff is attempting to utilize one of the vehicles that is currently providing reverse commute service to Eden Prairie Center. Reverse commute allows persons who reside in the Minneapolis area to access transit vehicles terminating in either Eden Prairie or Shakopee. The proposed service will terminate at the new parking lot that is being constructed on the former Pellham Hotel lot. Transit riders commuting from Minneapolis would then have the option to access local Dial-A-Ride vehicles to receive transit service to any destination point within the Shakopee city limits. Shakopee Dial- A-Ride vehicles will also be able to deliver Shakopee residents to the express service park and ride location where they could board express service vehicles to Downtown Minneapolis via the Eden Prairie Center transit hub. At the Eden Prairie transit hub, Shakopee residents would have the opportunity to access any of the other Southwest Metro transit routes. Attached is a joint service proposal that was prepared by Diane Harberts, Southwest Metro Transit Administrator. Staff is recommending that the proposal be used as a basis for drafting a Memorandum of Understanding by and between the City and Southwest Metro. The memorandum of understanding would outline the services to be provided by Southwest Metro. The cost for the proposed service is $150. 00 per hour. Southwest Metro would also receive an 10% administrative fee to cover their direct costs for administering this program. This is well within the amount budgeted by staff for the demonstration project. I also want to note that the vehicle to be utilized for the express service will result in no deadhead miles. The proposed transit service implementation date is September 26, 1994. In order to advertise the new transit service option, staff will be utilizing the design company which generates much of the Southwest Metro Transit advertising pieces. Staff is also considering the development of a direct mail piece that can be distributed to every resident in Shakopee. In addition to the direct mail piece, staff will include extensive coverage of the new service in the next issue of the Shakopee City News which is scheduled for distribution in September. Funds were included in the 1994 Transit Budget to cover the marketing expenses associated with this new program. On August 17, 1994 the CDC reviewed the various components of the proposed new service. The CDC is recommending Council approval to develop and execute a Memorandum of Understanding by and between the Southwest Metro Transit Commission and the City of Shakopee for the Express Service Demonstration Project. ALTERNATIVES: 1. Move to authorize the appropriate City officials to develop and execute a Memorandum of Understanding by and between the City of Shakopee and Southwest Metro Transit Commission for the Express Commuter Demonstration Project be executed. 2. Recommend changes to the proposed service plan and approve accordingly. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to authorize the appropriate City officials to develop and execute a Memorandum of Understanding by and between the City of Shakopee and Southwest Metro Transit Commission for the Express Commuter Demonstration Project. 08/17/1994 14:52 6129498542 SW METRO TRANSIT PAGE 02 SOUTHWEST METRO TRANSIT 8084 Mitchell Road,Suite 104 August 17, 1994 Eden Prairie,MN 55344 (612)934.7948 Fr(614)949-8542 MEMO TO: Barry Stock, Shakopee Transit FROM: Diane Harberts, Executive Director RE: Shakopee/Southwest Metro Transit Joint Service Proposal In our continuing efforts to coordinate our resources, please find below a joint service proposal for your consideration. Please call me at 949-8544 with your comments and interest to implement this proposal. pROPOSAj, SERVICE LEVEL: Commuter Express Shuttle service between Shakopee and the Eden Prairie Center. Bus connections to Minneapolis, the Mall of America Transit Hub, and Normandale Community College available at the Eden Prairie Center. 2AM trips, 2 PM Trips that focus on 7:30 and 8:00am work starts in Minneapolis. NET COST: Daily: $ 126.11 Weekly: $ 630.57 Year: $32,789.51 SERVICE PERIOD: Eighteen month demonstration project--Sept. 26,1994 - Dec. 31,1995 SHAKOPEE TRANSIT STOP LOCATION: Existing parking lot as identified by city staff. Residents would park and ride or take Dial-A-Ride to this location. EXISTING SERVICE CONDITIONS: - Eleven express bus connections to Mpls. available at the Eden Prairie Center - Midday express service between Mpls. and Eden Prairie Center with connections on SMTC Dial-A-Ride to Shakopee. (Attractive to van poolers also) - Expanded SMTC Dial-A-Ride connections between Eden Prairie Center and Shakopee and between Shakopee and Chaska providing additional connections in the AM and PM for Shakopee residents. FUTURE OPPORTUNITIES: - Connection to Hennepin Technical College - Direct Express bus from Shakopee to Mpls - Reverse-Commute connections via connections with SMTC - Expanded service connections between SMTC, MN Valley Transit Authority and Shakopee service areas. A Joint Powers Agreement by and between the Gties of Chanhassen,Chaska&Eden Prairie 08/12/1994 11:41 6129498542 SW METRO TRANSIT PAGE 01 MCTO SERVICESHAIJGES -Itatsuitifir26,1994 Pick 7/2 6 SHAKOPEE AREA TRANSIT Ez tre Ruts-o2.A, .2 PM tries Y '`� t -QQA Total Less Vehicle Net Miles Hours Cost/Day Capital Cost Cost I Day AM 49.00 1.64 225.43 -43.84 181.59 PM 50.20 2.06 262.01 -55.06 206.95 Total 99.20 3.70 487.43 -98.90 $388.54 Total Less Vehicle Net Cost/Week Capital Cost Cost/Week Opt 1ai\ I 2,437.17 -494.49 $1,942.68 fti rc. NI'- c.: r Total Less Vehicle Net t :% ev4. ' Cost/Year Capital Cost Cost/Year 126.732.87 -25,713.49 $101,019.38 SHAKOPEE AREA TRANSIT Shuttle Routes•2 AM trips.2 PM Win Total Less Vehicle Net Miles Hours Cost I Day Capes!Cost Cost/Day AM 17.00 0.57 78.29 -15.24 63.06 PM 17.00 0.57 78.29 -15.24 63.06 / Total 34.00 1.14 156.58 -30.47 $126.11 Ork.k Total Less Vehicle Net Cost/Week Capital Cost. Cost I Week 782.92 -152.36 $630.57 Total Less Vehicle Net Cost/Year Capital Cost Cost/Year - 40,712.04 -7,922.53 $32,789.51 - - SOUTHWEST METRO TRANSIT • Total Less Vehicle Net 111 kr) Miles Hours Cost I Day Capital Cost Cost/Day ' AM 13.70 0.40 58.24 -10.69 47.55 SY t% *PM 88.40 3.20 426.42 -85.53 340.89 P il Total 102.10 3.60 484.66 -96.23 $388.44 0 • Total Less Vehicle Net a Cost I Week Capital Cost Cost/Week 2,423.30 -481.13 $1,942.18 ill Total Less Vehicle Net i Cost/Year Capital Cost Cost/Year 2r 126,011.74 -25,018.53 $100,993.21 25I *Note: PM data includes new 2 new Mid-Day trips I- 4 08/17/1994 14:52 6129498542 SW METRO TRANSSIT PAGE 03 Page 2 Joint Service Proposal Southwest Metro Transit proposes to assist Shakopee in the management and coordinate of operations. SMTC would bill Shakopee for out of pocket expenses plus an administrative fee (to be determined) for administrative coordination. The administrative coordination would include: - Providing customer service information to Shakopee residents - Receiving, investigating and resolving customer complaints and comments (Documentation to be provided to Shakopee) - Recommending Marketing/PR strategies - Coordinating, editing, etc., marketing materials - Recommending service improvements and changes - Monitoring of proposed service to ensure meeting regional performance standards - Compiling of reports necessary for Shakopee reporting requirements with the Regional Transit Board/Met Council. - Keeping Shakopee current on related regional issues and policy changes CONSENT /30L. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Vacant Clerical Position DATE: September 1, 1994 INTRODUCTION: Permission from Council is needed to hire a clerk/typist from a temporary employment service. BACKGROUND: As you know, Aggie Unze submitted her resignation late last month and will leave us at the conclusion of her work day on September 8, 1994 . In the interim, the Planning Department would like to hire a clerk/typist through Valley Temporary Staffing, Inc. , of Shakopee for 20 hours a week at a cost of $11 . 62 per hour (this is total cost to City, not the wage of the temporary employee) until the Planning Secretary is hired. There are funds in the Planning Budget to cover this expenditure. Staff is uncertain about the time frame that it will take to fill the Planning Secretary position. An interim clerical person is needed to assist in daily clerical tasks during this time. ALTERNATIVES: 1 . Authorize hiring a part-time clerk/typist through Valley Temp. 2 . Do not authorize hiring of a part-time clerk/typist . RECOMMENDATION: Alternative #1 . ACTION REQUESTED: Authorize the appropriate city officials to hire a part-time clerk/typist from Valley Temporary Staffing, Inc. for 20 hours a week at a rate of $11 . 62 per hour. CONSENT / t /3 TO: Mayor Laurent Councilmembers Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Vacant Clerical Position DATE: 09 01 94 INTRODUCTION: Sherry Borchardt resigned her clerical position with the Police Department on 08 25 94. BACKGROUND: State law requires the Police Civil Service Commission to establish "eligible registers" and to certify the three names standing highest on the appropriate list to fill any vacancy. These lists must be the result of competitive testing. In August 1994, the appropriate notices were posted for City Employees and other persons who wished to establish themselves as candidates for the position of clerk typist to notify the Commission of their intentions. Nine applications were received. Written tests were administered by Scott County and oral testing was done by representatives of the Civil Service Commission. The Commission met on August 24, 1994 and established an eligibility list for the position of clerk typist. The top three names on the list are: 1. Myra LaFrance 2 . Heidi Bien 3 . Tracy Menden Funds exist in the 1993 Police Budget to pay for this position. ALTERNATIVES: 1. Appoint Myra LaFrance to the position of clerk typist. 2 . Appoint Heidi Bien to the position of clerk typist. 3 . Appoint Tracy Menden to the position of clerk typist. 4 . Do not fill the vacant position. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Appoint Myra LaFrance to the position of clerk typist, effective immediately, at the 1994 rate of $1,464 . 08 per month with subsequent adjustments as provided for by the Public and Law Enforcement Clerical, Custodial and Technical Employees Union Contract. TO: City of Shakopee Honorable Mayor and Councilmembers FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility Register DATE: 09 01 94 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing has established an eligible register for the position of Shakopee Police Clerk Typist I. The names of the top three candidates and their final scores are hereby submitted for your consideration. 1. Myra LaFrance 96. 0 2 . Heidi Bien 94. 1 3 . Tracy Menden 87.8 TO: Shakopee Police Department % Chief Tom Steininger FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility Register DATE: 08 24 94 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing hereby establishes the following eligible register for the position of Clerk Typist I. CLERK TYPIST I TEST FINAL SCORES - RAW SCORE BASE CANDIDATE PHASE I INTERVIEW FINAL RANK SCORE SCORE SCORE LaFrance, Myra 86. 0 10.0 96.0 1 Bien, Heidi 84.1 10.0 94.1 2 Menden, Tracy 78.3 9.5 87.8 3 Rice, Denise 81.5 6.0 87.5 4 Trueman, Mary 79.6 4.0 83.6 5 Schlefsky, Jan 73.8 5.5 79.3 6 Signed, Marcia Spagnolo, Chairman Shakopee Police Civil Service Commission 1 % C TO: Dennis R. Kraft, City, Administrator FROM: Gregg Voxland, Finance Director RE: Murphy's Landing Improvements DATE: August 22, 1994 Introduction Council action on 8/16/94 authorized improvements to Murphy's Landing sewer and water systems. Council is requested to reconsider source of funding for the improvements. Background Murphy's Landing is a private site owned by a public entity (City) most closely related to a park from the utility fund perspective. As such, the facilities on the site are not part of the utility assets or responsibility. Council has consistently upheld this position/perspective. The action approved for the upgrading of sewer and water facilities at Murphy's used the sewer fund for financing. The sewer fund should not be financing water improvements and based on past practice, should not fund any of the project for private facilities. Council has the authority to use the sewer fund for the improvements at Murphy's landing if it desires. However, it is strongly recommended that one of the funding sources listed as alternatives below be utilized. Alternatives 1. General Fund. 2 . CIF. 3 . Park Reserve Fund. Recommendation Alternative number 1. Action Requested Move to fund the Murphy's Landing sewer and water improvements out of the General Fund and direct staff to prepare a budget amendment for the same. lac) MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: September 1, 1994 RE: Amendment to Lease with Murphy' s Landing BACKGROUND: Murphy' s Landing has been approached by Paper Warehouse to have a Halloween celebration on Murphy' s Landing. Paper Warehouse has described the activity as "a Halloween theme park" . Murphy' s Landing is in favor of adding this activity. The City lease with Murphy' s Landing prohibits this type of use . Therefore, we would need to amend our lease in order to allow it . In particular, we need to allow a Halloween activity, which is not a part of the living history museum; allow the construction of a "haunted house" and also allow ownership of the haunted house to remain in the tenant; and provide for termination of the sublease if our lease with Murphy' s Landing should end. Various other provisions to split expenses and provide legal protection are included. The Lease also is being amended to allow the restaurant on site. There has been a restaurant for years, but the Lease is not clear that it is permitted. An amendment has been included to clarify that . Attached is a draft amendment to the lease with Murphy' s Landing. It is being reviewed by Murphy' s Landing and Paper Warehouse, and I expect to receive comments or responses from them before the Council meeting. ALTERNATIVES: 1 . Authorize the appropriate City officials to enter into Addendum No. 1 to the Lease between the City and Murphy' s Landing. 2 . Do not authorize entering into the lease addendum. 3 . Table for amendments or further information from staff . RECOMMENDATION: Authorize the appropriate City officials to enter into Addendum No. 1 to the Lease between the City and Murphy' s Landing. [12MURPHY] Attachment ADDENDUM NO. 1 TO LEASE WHEREAS, on March 18, 1994, the City of Shakopee, Minnesota, Lessor, with an address of 129 S. Holmes Street, Shakopee, MN 55379, entered into a Lease with Minnesota Valley Restoration Project, Inc . d/b/a Historic Murphy' s Landing, Tenant, for property addressed as 2187 Highway 101, Shakopee, MN 55379, commonly known as Murphy' s Landing; and WHEREAS, Minnesota Valley Restoration Project, Inc . has received a proposal from Paper Warehouse, Inc . to conduct an annual Halloween celebration; and WHEREAS, the Lease does not allow this celebration; and WHEREAS, Minnesota Valley Restoration Project, Inc . , has requested an amendment to the Lease to allow this celebration. NOW, THEREFORE, the Lease dated March 18, 1994, between the City of Shakopee and Minnesota Valley Restoration Project, Inc. , is hereby amended as follows : 1 . Lease paragraph 1, Intention of Parties, is hereby amended by adding one sentence to the end of the second paragraph, which shall read as follows : "In the event Tenant shall subcontract with a company which constructs a `haunted house' on the Premises for a Halloween celebration, the `haunted house' shall not belong to Lessor. Ownership of the "haunted house" shall be as determined by Tenant and its sublessee . If, however, the `haunted house' is abandoned upon termination of the sublease, Lessor may retain or dispose of it as Lessor deems expedient . " 2 . Lease paragraph 2, Payments, c, Infrastructure Improvement and Maintenance is amended by adding a new sentence at the end, which shall read as follows : "Tenant shall pay any increase in infrastructure improvement and maintenance costs caused or requested by a sublessee of Tenant . " 3 . Lease paragraph 3 , Use, a, Living History Museum, is amended by changing the first sentence to read as follows : "During the Term Tenant shall use the Premises for the purpose of a living history museum, presently known as Murphy' s Landing, and for no other purpose, except as described in paragraphs 3 .c . and 3 .d below. " 4 . Lease paragraph 3 , Use, is amended by adding a new paragraph 3 .d, which shall read as follows : "d. Halloween Celebration. Tenant also may use the premises for a Halloween activity, including seasonal decorations, rides, sale of goods, and other activities not normally a part of a living history museum; provided, however, such activities may not damage or detract from the use of the Premises as a living history museum. " 5 . Lease paragraph 6, Alterations, is amended to read as follows : "Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. Approval is hereby given to allow a `haunted house' to be constructed on the Premises, in a location and design that Tenant determines will not detract from the use of the Premises as a living history museum. " 6 . Lease paragraph 7 is amended to read as follows : "Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor, and except as specified below. Any sublease shall be terminable upon 30 days' prior written notice by the Lessor if the Lease is not renewed, or if the Lease is terminated for any reason. Tenant shall include notice of this provision in any sublease. No sublessee shall be allowed to commit waste. Any significant damage to the Premises, in the sole opinion of Lessor, shall be considered a breach of this Lease under paragraph 14 . a. Tenant is hereby given permission to sublet those areas specified on Exhibit B as residential apartments. b. Tenant may sublet a portion of the Office Complex, identified as building 4 on Exhibit A-i , for a restaurant . c. Tenant may sublet a portion or all of the Premises for a Halloween celebration. " 7 . Lease paragraph 8 is hereby amended by adding "sublessees" in the ninth line between "employees" and "or" , so that that line shall read "Tenant' s employees, sublessees, or agents, . . . " 8 . All other provisions of the Lease remain in full force and effect . LESSOR TENANT THE CITY OF SHAKOPEE MINNESOTA VALLEY RESTORATION PROJECT, INC. By By Gary Laurent, Mayor By By Dennis Kraft, City Admin. By By Judith S . Cox, City Clerk [12MURPHY -2- l3 CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 8/30/94 . The HRA Fund is experiencing costs that will exceed the budget as it currently stands. Costs are related to the Stans House project and TIF studies. The shop division is running ahead of budget primarily due to more costs associated with the fuel tank replacement and will need a budget amendment. 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 & COUNCIL 69,140 9,990 36,482 53 12 CITY ADMINISTRATOR 192,340 16,858 118,347 62 13 CITY CLERK 118,690 8,153 69,741 59 15 FINANCE 284,660 17,8C4 188,538 66 16 LEGAL COUNSEL 187,970 15,253 96,530 51 17 PLANNING 412,130 34,708 237,233 58 18 GENERAL GOVERNMENT BUILDINGS 115,790 7,965 77,846 67 31 POLICE 1,388,590 89,000 913,974 66 32 FIRE 865,310 23,338 720,235 83 33 INSPECTION-BLDG-PLMBG-HTG 187,120 14,180 109,565 59 41 ENGINEERING 361,480 20,765 213,152 59 42 STREET MAINTENANCE 586,820 25,098 268,138 46 44 SHOP 166,480 28,478 149,321 90 46 PARK MAINTENANCE 307,270 30,840 214,461 70 48 REFUSE COLLECTION 513,550 0 249,634 49 61 POOL 150,300 23,900 114,540 76 64 RECREATION 206,030 16,091 129,844 63 91 UNALLOCATED 73,610 -22,284 21,201 29 TOTAL GENERAL FUND 6,187,280 360,137 3,928,782 63 17 PLANNING 360,860 28,047 204,449 57 TOTAL TRANSIT 360,860 28,047 204,449 57 12 CITY ADMINISTRATOR 64,870 17,221 100,347 155 TOTAL HRA 64,870 17,221 100,347 155 00 N/A 642,300 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 642,300 0 0 0 CD CD O O O O O O O O O O O O �., O O\ O. 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CI PC1 z C a H 0 G 00 w N r H in �o V <A <J) <n <A <0 N I....rn r to co N .O F' l, N V+ ‘O W a% co N 4.1 ON h"' N4, CO V7 V+ F-' 4, V N 0 4, i- OA W N N CO W F-' N c. 4' V+ Ln N 0 Co N v N O. co 0 0 .- N N Vn U'+ V+ OT IN V+ W • ro w ao fD r MEMO TO: Dennis Kraft, City Administrator r ly FROM: Dave Nummer, Staff Engineer P' ''J SUBJECT: Appraisals for Sarazin Street Project DATE: August 29, 1994 INTRODUCTION: Staff is seeking permission to obtain appraisals for purchasing right-of-way for Sarazin Street and Roundhouse Street, Project No. 1994-10. BACKGROUND: On June 21, 1994, the City Council ordered the improvement of Sarazin Street and Roundhouse Street, and accepted a proposal from Orr-Schelen-Mayeron & Assoc. (OSM) to provide design services for this project. The project was petitioned for by the Sienna Corporation, who is in the process of platting the land north of the Upper Valley Drainageway, and south of 4th Avenue. The right-of-way for Sarazin Street and Roundhouse Street is being dedicated through the Sienna plat. The right-of-way south of the Sienna plat, and a portion adjacent to the Knights of Columbus Hall will have to be acquired prior to construction. OSM has completed the design to the point that the alignment is set and the right-of-way which needs to be obtained can be identified. Staff is requesting permission to obtain appraisals on the land to be acquired for right-of-way. ALTERNATIVES: 1. Direct staff to obtain appraisals for the Sarazin Street and Roundhouse Street right-of-way. 2. Deny the request. 3. Table the request for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct staff to obtain appraisals for the Sarazin Street and Roundhouse Street right-of- way. DMN/pmp APPRAISALS CONSENT c MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer 7AI'" SUBJECT: Viking Steel Road Appraisals DATE: August 30, 1994 INTRODUCTION: Attached is correspondence from Peter J. Patchin & Assoc. regarding benefit appraisals for Viking Steel Road between 4th Avenue and Trunk Highway (T.H.) 101. BACKGROUND: On July 19, 1994 the City Council held a public hearing for constructing Viking Steel Road from County Road 16 to T.H. 101. At the conclusion of the hearing, the design was ordered, as well as a benefit appraisal for the properties adjacent to Viking Steel Road north of 4th Avenue. Staff has contacted Peter J. Patchin & Assoc. to provide the City a quote for performing the appraisals. The attached correspondence from Mr. Patchin implicates that the appraisal is estimated to cost $4,500.00, and can be completed within 60 days of our notice to proceed. ALTERNATIVES: 1. Execute the memorandum of understanding with Peter J. Patchin& Assoc. to perform the appraisals. 2. Do not execute the memorandum of understanding. 3. Table for further information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct the appropriate City officials to execute the memorandum of understanding with Peter J. Patchin & Associates, Inc. to perform the appraisals for Viking Steel Road, Project No. 1994-10. DMN/pmp VIKING Peter J. Patchin & Associates, Inc. Valuation Consultants (612) 895-1205 101 West Burnsville Parkway, Suite 200, Burnsville, Minnesota 55337 FAX (612) 895-1521 01), August 26, 1994 41/0 Ofr , 7pF, l9 9¢ City of Shakopee /P `/ 129 Holmes Street South 1 l! Shakopee, MN 55379 ATTN: Mr. David Hutton Public Works Director RE: Viking Steel Road Project Dear Dave: This letter is in response to your request for a proposal, dated August 19, 1994. I have reviewed materials contained in "Feasibility Report for Viking Steel Road and an Un-Named Road" prepared by your staff, dated May 31, 1994. It would be our task to estimate the market value benefit of the Viking Steel Road project to those properties lying north of 4th Avenue and south of T.H. #101. The appraisals of benefits for all parcels involved would be included under one cover. Our fee for this appraisal project is estimated to be $4,500.00. We could deliver the final report within 60 days from receipt of your notice to proceed. Thank you for considering our firm. Sincerely, PETE ATCHIN & ASSO TES, INC. Peter J. Patchin, MAI, CRE President PJP:prj Peter J. Patchin & Associates, Inc. Valuation Consultants (612) 895-1205 101 West Burnsville Parkway, Suite 200, Burnsville, Minnesota 55337 FAX (612) 895-1521 August 26, 1994 City of Shakopee 129 South Holmes Street Shakopee, MN 55379 ATTN: Mr. David Hutton Public Works Director RE: Valuation Consulting and Appraisal Services Peter J. Patchin & Associates, Inc. 101 W. Burnsville Parkway, Ste. 200 Burnsville, Minnesota 55337 To whom it may concern: This letter is intended to be a memorandum of understanding concerning the engagement of Peter J. Patchin & Associates, Inc. for purpose of rendering valuation consultation and/or appraisal reports. It is understood by both parties that the nature of the assignment is as follows: Type of Property: Land Parcels Adjoining Viking Steel Road Project Location: Viking Steel Road between 4th Avenue And T.H. #101 Shakopee, Minnesota Function of Appraisal/ Consultation: Estimate market value benefits of special improvements (street, sewer, water, and storm sewer). Data Needed to Perform Value Analysis: Received already. Estimated Cost of Services Rendered: $4,500.00 for appraisal report; plus $125.00 per hour for time subsequent to delivery of appraisal report. Delivery Date: 60 days following execution of contract. Terms - Total amount due within 30 days following date of invoice, 1-1/2% per month interest charges will be added to accounts not paid by that time. Retainer Fee -to be paid in advance of commencement of assignment: N/A Date: August 26, 1994 Sincerely, PETER J. PATCHIN & ASS.' IATES, INC. / ,. 7, ,,,,,:,_ i 2 t r J. Patchin, MAI, CRE President PIP:prj Client Firm Name: City of Shakopee Individual Responsible: Signature: Peter J. Patchin & Associates, Inc. • CONSENT • MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft , City Administrator RE: Contract with O . S .M. Engineering for Interim Engineering Services DATE: September 1 , 1994 Attached please find a copy of an agreement between the City and O . S .M. Engineering for the provision of part-time engineering services to be provided to the City during the interim period between City Engineers . Also attached please find a copy of the 1994 O. S .M. Fee Schedule . During this interim period O.S .M. is proposing to use a multiplier of 2 . 0 on their standard labor rates for general engineering consultation, meetings and similar services which are paid out of our General Fund. The standard O.S .M. multiplier is 2 . 25 . This agreement also indicates that for those times when the City needs a registered engineer at Council meetings that a flat fee of $100 . 00 per meeting will apply unless a lesser fee is warranted. While I do not intend to have a consulting engineer at every meeting, it is possible that a P.E. will be needed during some assessment public hearings scheduled this fall . At this time I do not know how much engineering time we are going to be requiring, although I would imagine it would be in the vicinity of 4 to 6 hours per week. Obviously, if the demand is less than that less time will be utilized. The individual who would be assigned to this project is a experience P.E. who currently serves as City Engineer, on a consulting basis, for the City of Monticello. ALTERNATIVES: 1 . Authorize the appropriate City officials to enter into an agreement with O. S .M. and Associates, Inc . for the provision of interim engineering services as discussed above . 2 . Do not authorize this agreement . RECOMMENDATION: Alternative #1 is recommended. ACTION REQUESTED: Move to authorize the appropriate City officials to enter into an agreement with Orr-Schelen-Mayeron and Associates Inc . for the provision of interim engineering services until such time as a new City Engineer is hired. August 30, 1994 • Orr • Schelen Mlaveron& Associates,Inc. Mr. Dennis Kraft 3,:,, = n«r City Administrator ' a za."z1 `L City of Shakopee 6:2-595-5777: 129 South Holmes Street i-BCG-733 -E Shakopee, MN 55379 F.-VK 595-577 'gineer_ r hitect_ __;nners Re: City Engineering Services Dear Mr. Kraft: This is in furtherance of our conversation of August 30, 1994 wherein we discussed the City's potential needs for interim city engineering services. Bret Weiss would be pleased to assist you on an as-needed basis for approximately four to eight hours per week to help meet your ongoing engineering needs. Through his previous work for you, Bret is generally familiar with the city, has some knowledge of specific projects currently under development, and knows many of the city staff. At this time, Bret also serves as city engineer for the City of Monticello. Accordingly, he is familiar, not only with the technical aspects of this work, but also with the managerial and administrative aspects. Bret's resume is enclosed for your consideration. With respect to fees, we propose a multiplier of 2.0 on our standard burdened labor rates for general engineering consultation,meetings, administrative functions, and similar services typically paid out of your general fund. Our normal fees, which we propose for services associated with specific capital improvement projects, review of plats, and similar services not typically paid through your general fund, are based on a multiplier of 2.25 as shown on the attached fee schedule. Bret's classification is "Senior Registered Engineer". For city council meetings, we propose a flat fee of$100 per meeting, unless a lesser fee is warranted by the amount of time actually spent at the meeting. If this proposal is acceptable, please so indicate by signing in the space below and returning one copy of this letter to me. If you would like to discuss this matter further, please do not hesitate to contact me at 595-5665. Thank you for the opportunity to continue to be of service to the City of Shakopee. Sincerely, Accepted: ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. Gary L. Laurent, Mayor Edward J. DeLaForest, P.E. Dennis Kraft Vice President City Administrator c: Bret Weiss, P.E., OSM Ernie Fenton, OSM Judith S. Cox, City Clerk Butch Larsen, OSM H:\CIVIL\NM\ENGINEER\EJD'X3C94.DK Equal opportunity Employer August 30, 1994 • Orr . Schelen blaveron& Associates,Lac. Mr. Dennis Kraft _ n 5-5 City Administrator )28 City of Shakopee 2.5°5_. 129 South Holmes Street :-800-7 -5775 -\X 595- Shakopee, MN 55379 Eng; rs Arch::_cts Plan. s Re: City Engineering Services sun`, rs Dear Mr. Kraft: This is in furtherance of our conversation of August 30, 1994 wherein we discussed the City's potential needs for interim city engineering services. Bret Weiss would be pleased to assist you on an as-needed basis for approximately four to eight hours per week to help meet your ongoing engineering needs. Through his previous work for you, Bret is generally familiar with the city, has some knowledge of specific projects currently under development, and knows many of the city staff. At this time, Bret also serves as city engineer for the City of Monticello. Accordingly, he is familiar, not only with the technical aspects of this work, but also with the managerial and administrative aspects. Bret's resume is enclosed for your consideration. With respect to fees, we propose a multiplier of 2.0 on our standard burdened labor rates for general engineering consultation,meetings, administrative functions, and similar services typically paid out of your general fund. Our normal fees, which we propose for services associated with specific capital improvement projects, review of plats, and similar services not typically paid through your general fund, are based on a multiplier of 2.25 as shown on the attached fee schedule. Bret's classification is "Senior Registered Engineer". For city council meetings,we propose a flat fee of$100 per meeting, unless a lesser fee is warranted by the amount of time actually spent at the meeting. If this proposal is acceptable, please so indicate by signing in the space below and returning one copy of this letter to me. If you would like to discuss this matter further, please do not hesitate to contact me at 595-5665. Thank you for the opportunity to continue to be of service to the City of Shakopee. Sincerely, Accepted: ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. C_. -11\1111& '''l ' Gary L. Laurent, Mayor ✓/ rX" Edward J. DeLaForest, P.E. Dennis Kraft Vice President City Administrator c: Bret Weiss, P.E., OSM Ernie Fenton, OSM Judith S. Cox, City Clerk Butch Larsen, OSM HACIVIL NM\ENGINEER\EJ D\083094.D K Equal Opportunity Enmpioyer • Bret A. Weiss, P.E. Associate/Civil Engineer Orr-Sch el en-Mayeron & Associates, Inc. Education B.S. Civil Engineering University of Minnesota Registration Minnesota Experience Mr. Weiss is a registered professional engineer in OSM's Civil Engineering Department. He has diverse experience in many types of municipal and general civil engineering projects including storm sewers, water distribution systems, site grading and parking facilities. He is also an experienced project manager responsible for the planning,coordination,design and construction administration of a wide variety of projects. Mr. Weiss serves as the City Engineer for the City of Monticello. In this capacity he attends City Council meetings,provides engineering review for all development projects proposed within the City of Monticello,and works in conjunction with City staff relative to all engineering matters. Mr. Weiss also serves as the prime consultant representative to the Cities of Shakopee and Inver Grove Heights,MN. Prior to his employment with OSM,Mr.Weiss worked as a design engineer for a local consulting firm specializing in residential and commercial development. He designed streets and utilities for numerous developments throughout the Twin Cities area. Mr.Weiss also provided services as a Project Inspector of street,utility and development construction for the City of Maple Grove Engineering Department. The following is a brief listing of Mr. Weiss' representative experience. I. 7th Street and Minnesota Street City of Monticello Prepared engineering plans and specifications for street and utility construction for a collector street in the City of Monticello. The process involved developing an alignment through unplatted land and acquiring the right-of-way for the collector street. Sandberg East 2nd Addition City of Monticello Prepared engineering plans and specifications for a 25+ lot subdivision in Monticello, MN. The project involved numerous layouts to economically extend sanitary sewer and watermain to an area located near the city limits. The Meadows and The Meadows 2nd Addition City of Monticello Prepared engineering plans and specifications for street and utility construction for a 25 lot subdivision in Monticello, MN. Professional History • • Bret A. Weiss, P.E. (Con tin ued) IN Fallon Avenue, Briar Oakes Estate, Cardinal Hills City of Monticello Developed engineering plans and specifications for two residential subdivisions consisting of 50+ lots. The design includes the extension of utilities to the City limits and construction of a temporary lift station. im Alden Ponds City of Eagan Performed all tasks including preliminary cost estimate,preliminary feasibility report and designed plans and specifications for a street and utility project for a 200+ unit residential townhome project in Eagan, MN. Sibley Hills Drive City of Eagan Wrote preliminary feasibility report and cost estimate for a$500,000 street and utility project in Eagan, MN. Street and Utilities City of Burnsville Performed all tasks including preliminary cost estimate,preliminary feasibility report and designed plans and specifications for a$500,000 commercial street and utility project in Burnsville, MN. ▪ Colonial Hills City of Burnsville Performed all tasks including preliminary cost estimate,preliminary feasibility report and designed plans and specifications for a $300,000 residential street and utility project in Burnsville, MN. Cardinal Hills 2nd Addition City of Monticello Developed plans and specifications for a 50 lot subdivision. Design included streets and utilities. ▪ Fire Stations 1, 2 and 3 City of Eagan Prepared preliminary feasibility and cost report for pavement reconstruction. School Boulevard City of Monticello Prepared plans and specifications for 0.75 miles of collector street within the City of Monticello. Also prepared alignment and participated in the right-of- way acquisition. ▪ Southern Water System City of Inver Grove Heights Project Manager responsible for the design of 30,000 ft. of 12-and 16-inch Professional History • • Bret A. Weiss, P.E, (Con tin u ed) watermain. Project work also includes the abandonment and sealing of 20 commercial and residential wells, and reconnection of existing commercial and residential services to city water. Industrial Park Stormwater Study City of Monticello Developed and implemented a stormwater plan including a Capital Improvement Program for the proposed improvements. . Sunset Pond Dam City of Burnsville Assisted with the preparation of a flood protection plan. Hart Boulevard Storm Sewer Watershed Area Monticello, MN Assisted with the preparation of a Hydrologic study for this watershed area: I. Designed storm sewer ponding system, streets, grading and utility plans, and supervised construction of an 85 lot residential subdivision in Plymouth, MN. I. Designed storm sewer ponding and hydrologic analysis and grading plans for several other Twin Cities residential developments. . Reviewed developer's hydrologic analysis, grading,street and utility plans for proposed developments in the cities of Eagan,Shorewood and Monticello,MN. Logan Avenue City of Minneapolis Designed two high volume low head pumping stations along with storm sewer and utility improvements associated with flood control for Minnehaha Creek. Sanitary Sewer Study Andover, MN Performed a sanitary sewer study for a multi-acre site in Andover, MN outside of the MUSA boundary. I. Comprehensive Sanitary Sewer Plan City of Inver Grove Heights Assisted in all tasks including research and data collection, design calcula- tions, quantity and cost estimates, and report writing for the Comprehensive Sanitary Sewer Plan for 4,500 acres in Inver Grove Heights, MN. • 77th Street Corridor City of Richfield Determined current and projected future sanitary sewer flows for a multi-acre redevelopment area in Richfield, MN, Professional History IP Bret A. Weiss, P.E. (Continued) ▪ Environmental Assessment Worksheet (EAW) City of Inver Grove Heights Prepared an EAW for a trunk sanitary sewer project. ▪ Environmental Assessment Worksheet (EAW) City of Monticello Prepared an EAW for Cardinal Hills Subdivision consisting of a sewer extension and potential 240 lot subdivision. 1. East Segment of the Central Interceptor Sewer Designing an extension to the 30" trunk sewer. The design includes extension of the sewer through a DNR protected wetland in order to limit tree removal. 1.1 Water Study City of Northfield Prepared a Comprehensive Water System Study and plan for the City of Northfield. The analysis was completed on a computer model and included projections for future expansion. IN Water Study Carleton College,Northfield, MN Prepared a Comprehensive Water System Study and plan for Carleton College, Northfield, MN. The analysis was completed on a computer model and included projections for future expansion; I. Comprehensive Water Use Study City of Burnsville Assisted in all tasks including research, data collection, preliminary analysis, computer analysis, report writing and visual aid preparation for the 1989 Comprehensive Water Use Study for the City of Burnsville. I. Parking Lot - Fire Station No. 1 City of Burnsville Designed a grading, drainage and paving plan including earthwork analysis, quantity and cost estimates. Site Development Reviews City of Eagan Provided preliminary and final plat review including engineering plans and specifications for approximately 10 private developments in Eagan, MN. -_ I. Site Development Reviews City of Shorewood Provided preliminary and final plat review including engineering plans and specifications for approximately 5 private developments in Shorewood, MN, and wrote a report detailing recommendations. Professional History • Bret A. Weiss, P.E. (Con tin ued) Evergreens City of Monticello Provided preliminary and final plat review including engineering plans and specifications for a several hundred lot subdivision in Monticello, MN. Champlin Post Office Champlin, MN Designed final paving plan and completed existing and developed stormwater analysis. Fire Station No. 1 Apple Valley, MN Designed grading and paving plan. Duties included construction and engineering management. wi Fire Station No. 2 Lino Lakes, MN Designed grading and paving plan. Duties included construction and engineering management. Cardinal Hills Value Plus Homes Designed the preliminary grading and utility plans for a 109 acre residential development in Monticello,MN. The final grading plans have been completed for 75 lots of the total 250 lot subdivision. The design included mitigation with the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service for wetland degradation. Professional History Orr ! • Sche::en __ Ma%eron& 5775 V. ; 53 - As orates It1C. A `< 1994 FEE SCHEDULE Schedule of direct personnel costs to be multiplied by 2.25 to determine hourly fee: Senior Registered Engineer, Architect, Planner, Surveyor $39.50 Registered Project Engineer, Architect, Planner, Surveyor $34.25 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: Construction Observer $27.00 3-Person Survey Crew $53.00 2-Person Survey Crew $43.00 "Direct personnel cost" is defined as salaries plus payroll burden and fringe benefits. All personnel assigned to the project will be billed at the rates shown above based 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. En _.= • Anc,^...c,.:. • P:3n,.,.- • Sur%e,,, 15 ..i MEMO TO: Dennis R. Kraft, City Administrator FROM: David Nummber, Staff Engineer PAV-1 RE: Design Fees for Vierling Drive DATE: September 2, 1994 INTRODUCTION: Attached is correspondence from Bret Weiss of Orr-Schelen- Mayeron (OSM) regarding the design of the Sanitary Sewer and Water Utilities for Vierling Drive, Between County Road 15 and Presidential Lane. BACKGROUND: OSM was originally retained to do the street and storm sewer design for Vierling Drive. The scope of services in their contract is attached for reference. The original contract amount is $15, 600.00. On August 16, 1994, the City Council held a public hearing for adding sanitary sewer and watermain facilities to the Vierling Drive Project. At the conclusion of the hearing, the improvements were ordered. Since OSM was already designing the rest of the project, they were also asked to design the sewer and watermain. The attached correspondence requests and increase in the contract amount in the amount of $7,769. 28 . Staff has reviewed the invoice and feels that the costs are reasonable in light of the work that was preformed. Vierling Drive is designated as a state aid route, and as such is eligible for state aid funding. On state aid projects, the City may request up to 10% of the contract amount for reimbursement of preliminary engineering fees. The portion of the contract which is eligible for state aid is $374, 080.80, therefore the maximum preliminary engineering reimbursement would be $37,408 . 08. The total costs to date for Vierling Drive is $29,272.44 which includes both OSM design fees and staff time charged to this project. The request from OSM would bring the total preliminary engineering costs to $37, 041.72, which is less than the total allowed for reimbursement. Basically, the additional design fees could be passed on 100% to state aid. The reimbursement for engineering fees is above and beyond the construction reimbursement. ALTERNATIVES: 1. Authorize payment of the attached invoice to OSM in the amount of $13 , 714 . 16. 2 . Authorize payment with some other amount. 3 . Table for further information. RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Move to authorize the payment of $13,714. 16 to OSM for design fees for Vierling Drive. DN/tiv SEP 01 '94 14 08 OSM MPLS, MN P.2 CS* Sdielert 300 Park Place Centex 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 612.595-5775 1-800-753.5775 FAX 595-5774 September 1, 1994Ater Architects Planners Surveyors Mr. Dave Nummer City of Shakopee 129 South Holmes Street Shakopee, MN ,55379 Re: Extra Services Vierling Drive City of Shakopee Project No. 1994-7 OSM Project No. 5453.00 Dear Mr. Nummer: This letter is a follow-up to our discussions regarding the extra services associated with the above-referenced project. As we have discussed, our original scope of services did not include the preparation of utility plans and specifications. The additional costs associated with preparing the necessary bidding documents for the sanitary sewer and watermain project is$7,769.28. This extra cost,plus the base fee of$15,600.00,amounts to a total fee of $23,369.28. We have attached an invoice in that amount to this letter for your information. Please give me a call at 595-5705 if you have any questions or comments regarding this letter or the associated extra services. Thank you for your consideration. Sincerely, ORR-SCHELBN•MAYERON & ASSOCIATES, INC. Lit34-t /Jy/jj f • lig 1 Bret A. Weiss, P.E. Project Manager Attachment nm Wm)OPPorturtitY emPicla SEP 01 '94 14:08 OSM MPLS, MN P.3 CZNI, SC}yelen 300 Park Place Center 612-595-5775 AsatekInc. SMinne5 apoliss,,Nw i6-I228 d FAX 595-5773 5 Invoice Revised August 31, 1994 City of Shakopee Attn: Dave Hutton 129 South Holmes Street Shakopee, MN 55379 Proj. No. 117-5453-00 II i In conjunction with preparation of plans and specifications for an extension of U ierli ng Drive, West of C.R, 15. Time and expenses for the months of May, June and July, 1994. 'DIRECT PERSONNEL COSTS: I8. Wgis 21.50 hours @ $39.50 per hour $ 829.50 M. Morse 40.00 hours @ $31.50 per hour 1,260.00 R. COrn!11 8.50 hours @ $27.00 per hour 229.50 '8. Relifsteck 65.00 hours @ $22.00 per hour 1,430.00 ID. Uc�strand 49.50 hours @ $27.00 per hour 1,336.50 :R, Nva? 10.00 hours @ $24.50 per hour 245.00 :P. J0m9s 22.00 hours @ $16.00 per hour 352.00 'M, Ouervig 4.00 hours @ $34.11 per hour 136.44 K. Midthun 4.00 hours @ $19.61 per hour 78.44 P. J�nk�ns 1.00 hour @ $24.47 per hour 24.47 $ 5,921,85 Factor x 2.25 $13,324.16 MN Pollution Control Agency $ 240.00 MN Dept. of Health 150.00 390.00 This' Invoice $13,714.16 I TOTAL AMOUNT BILLED TO DATE IS $23,369.28 ' r declare under Ins pew• o$penury tnet sus CL .c lust end correct and that no part of it*boon peed Sumature ENGINEERING SERVICES FOR VIERLING DRIVE, STREET CONSTRUCTION AND APPURTENANT WORK FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES The work will include preparation of plans and specifications for street and storm sewer construction for Vierling Drive, from CR 15 to Presidential Lane. The following services will be provided as necessary to complete the project: 1) Review and evaluate the feasibility report prepared by the City and determine project specifics. 2) Set up soil testing program and evaluate borings. (All testing shall be paid for by the City under separate invoice). 3) Prepare construction plans at 1" = 20' scale, specifications and bidding documents according to State Aid standards. 4) Prepare a detailed construction cost estimate. 5) Prepare and submit necessary permit applications to the regulatory agencies. (Permit fees to be paid by City.) 6) Prepare necessary bid plan sets for City distribution. 7) Assist the City in acquiring State Aid approval and advertising for bids. 8) Provide recommendations for Award of Contract. 9) Provide periodic observations during construction as necessary. 10) Prepare supplementary drawings for clarification of working drawings as required. 11) Review shop drawings to determine compliance with plans and specifications. 12) Review testing reports as requested. H:\CMI. •M E'.61,4 IiR 1Aw'-:U,3:-:.;i 1 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director SUBJECT: Planning Department Computer Purchases DATE: August 30, 1994 INTRODUCTION: Planning staff is requesting City Council approval for the purchase of two new computers. BACKGROUND: The 1994 Planning Department capital equipment budget included$10,000 for GIS/CAD related computer purchases. The intent of the $10,000 was threefold; 1) to give Planning additional computer horsepower via a work station framework, 2) to give the City capacity to prepare computer aided (CAD) maps, and 3) to obtain hardware necessary for building the GIS system with Scott County Surveyor's Department. The hardware idea at the time of the 1994 Budget preparation (early 1993 meetings with Jim Hentges of the Scott County Surveyor's Department) was that we would need a work station to do the GIS work. That hardware concept is changing with the increased capacities of the personal computers. The capacity of a 486 DX-66 personal computer can operate the CAD software handily. The 486 can also via a modem handle connections with the Scott County information systems. With Arcview software and the 486 PCs, we can work into the future Scott County GIS applications. Purchasing the 486 computers would allow all of us in the Planning Department to utilize the windows environment immediately. The windows software has tremendous capacities for interlinking different software packages such as word processing, data bases and spreadsheet software. It is one of our departmental goals to have all members up and running on the windows environment in 1994. The products recently prepared under the windows environment include the Community Center flyer; the Goals, Objectives and Policies for the Comp Plan; and the CIP tables. There are two PCs in the Planning Department needing immediate replacement. One has faulty hardware (bad mother board) that prevents it from using the hard drive properly. The other is an antiquated XT PC (8088 chip) with a monochrome monitor that will absolutely not handle windows, GIS or CAD applications. DISCUSSION: Although the proposed computer purchases total less than $5,000, which is the threshold for City Administrator approval for capital equipment items, staff is bringing this item to the City Council since it was not specifically identified in the 1994 budget. The purchase of the two computers has been reviewed by the MIS Committee. They recommended to the City Administrator the purchase of the two computers for the Planning Department. 1 Quotations were sought on the following computer hardware systems: 486 DX2-66MHz computer Dual floppy drives 200+ Mb hard drive 17" SVGA monitor 16 bit Ethernet 10Base/T network card DOS 6.22 Window for Workgroups 3.11 Mouse QUOTATIONS VENDOR PRICES EMPaC Computers, Inc $2,317.4 Bloomington 884-4992 PC Express $2,46654 Richfield 8621-5555 * Office Products of Minn. $3,001.17 Minneapolis 835-6789 All prices include sales tax. * Office Products prices are based on the Hewlett Packard line of PC's. Over the past several years, LOGIS has used Office Products of Minnesota as their supplier of personal computers. RECOMMENDATION: Purchase two (2) PC's as configured above from EMPaC Computers, Bloomington for a total price of$4,634.88. Funds for the two computers would come from Planning Department's 1994 Capital Equipment budget. REQUESTED ACTION: Move to approve the purchase of two (2) 486DX2-66MHz PC's from EMPaC Computers, Bloomington for a total cost of$4,634.88. 2 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director SUBJECT: Planning Department Computer Purchases DATE: August 30, 1994 INTRODUCTION: Planning staff is requesting City Council approval for the purchase of two new computers. BACKGROUND: The 1994 Planning Department capital equipment budget included $10,000 for GIS;'CAD related computer purchases. The intent of the $10,000 was threefold; 1) to give Planning additional computer horsepower via a work station framework, 2) to give the City capacity to prepare computer aided (CAD) maps, and 3) to obtain hardware necessary for building the GIS system with Scott County Surveyor's Department. The hardware idea at the time of the 1994 Budget preparation (early 1993 meetings with Jim HentQes of the Scott County Surveyor's Department) was that we would need a work station to do the GIS work. That hardware concept is changing with the increased capacities of the personal computers. The capacity of a 486 DX-66 personal computer can operate the CAD software handily. The 486 can also via a modem handle connections with the Scott County information systems. With Arcview software and the 486 PCs, we can work into the future Scott County GIS applications. Purchasing the 486 computers would allow all of us in the Planning Department to utilize the windows environment immediately. The windows software has tremendous capacities for interlinking different software packages such as word processing, data bases and spreadsheet software. It is one of our departmental goals to have all members up and running on the windows environment in 1994. The products recently prepared under the windows environment include the Community Center flyer; the Goals, Objectives and Policies for the Comp Plan; and the CIP tables. There are two PCs in the Planning Department needing immediate replacement. One has faulty hardware (bad mother board) that prevents it from using the hard drive properly. The other is an antiquated XT PC (8088 chip) with a monochrome monitor that will absolutely not handle windows, GIS or CAD applications. DISCUSSION: Although the proposed computer purchases total less than 55,000, which is the threshold for City Administrator approval for capital equipment items, staff is bringing this item to the City Council since it was not specifically identified in the 1994 budget. The purchase of the two computers has been reviev.ed by the MIS Committee. They recommended to the City Administrator the purchase of the tv o computers for the Planning Department. 1 Quotations were sought on the following computer hardware systems: 486 DX2-66MHz computer Dual floppy drives 200+ Mb hard drive 17" SVGA monitor 16 bit Ethernet 10Base/T network card DOS 6.22 Window for Workgroups 3.11 Mouse QUOTATIONS VENDOR PRICES EMPaC Computers, Inc $2,317.44 Bloomington 884-4992 PC Express $2,466_54 Richfield 8621-5555 * Office Products of Minn. $3,W1.17 Minneapolis 835-6789 All prices include sales tax. * Office Products prices are based on the Hewlett Packard line of PC's. Over the past several years, LOGIS has used Office Products of Minnesota as their supplier of personal computers. RECOMMENDATION: Purchase two (2) PC's as configured above from EMPaC Computers, Bloomington for a total price of S4,634.88. Funds for the two computers would come from Planning Department's 1994 Capital Equipment budget. REQUESTED ACTION: Move to approve the purchase of two (2) 486DX2-66MHz PC's from EMPaC Computers, Bloomington for a total cost of $4,634.88. 2 J 1c CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Probation Termination For Paul Bilotta DATE: August 18, 1994 INTRODUCTION: Paul Bilotta, Senior Planner has successfully completed the required six month probationary period for new employees. BACKGROUND: Paul Bilotta was hired on February 14, 1994, subject to the six month probationary period. A performance evaluation has been completed and it is recommended that the probationary status be terminated. ALTERNATIVES: 1. Terminate probation. 2. Continue probation for additional six months. 3. Terminate employment. RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to terminate the probationary status of Paul Bilotta and appoint him to the full-time permanent position of Senior Planner effective August 14, 1994. CONSENT /8.Q MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Premises Permit - Prior Lak- Lions Club DATE: September 2, 1994 INTRODUCTION: The attached resolution approves a premises permit for the Prior Lake Lions Club at Canterbury Inn, 1244 Canterbury Road. BACKGROUND: The Prior Lake Lions Club has made application for a premises permit at Canterbury Inn, for the second time. They made application last December but were unable to obtain a permit because the Optimist Club of Burnsville already had a permit and had not submitted a notice that they were discontinuing their operation. The Prior Lake Lions Club has now selected a different location, than was identified on their first application, to sell pull tabs. Their first application identified the exact location already licensed for the Optimist Club. The Gambling Control Board will issue multiple permits for the same premises as long as the area leased by the multiple parties is not the same. You may also remember receiving, in a non-agenda info packet earlier this year, a copy of a letter from the Gambling Manager of the Optimist Club to the owner of the premises identifying the problems the Optimist Club was experiencing with the managers at Canterbury Inn. In follow-up to that letter, when I received the new application from the Prior Lake Lions Club, I called Mr. Carothers, Gambling Manager, Optimist Club. He advised me that he would be preparing a letter to the Gambling Control Board advising that they have discontinued their operation at Canterbury Inn - their permit is good until 8-31-95. He advised that he would provide me with a copy of the letter. The current City Code does not preclude multiple premises permits for the sale of pull-tabs at one location. Absent any objections from the Optimist Club regarding a premises permit being issued to the Prior Lake Lions Club, staff recommends approval of the application. RECOMMENDED ACTION: Offer Resolution No. 4085, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Prior Lake Lions Club, and move its adoption. RESOLUTION NO. 4085 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR THE PRIOR LAKE LIONS CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Prior Lake Lions Club is seeking a Premises Permit for Players Bar and Grille, B/W Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Prior Lake Lions Club at Players Bar and Grille, B/W Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota, be approved. Adopted in Regular 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 iMK:UtNAki E'„.la Fax 61:-E94-9364 bite:61:494-08 9-08 to:duditn;ax at:$naia e "tof R,City ?a.r:of i ir:dag:.ieptetier Z 1994 3:29:501 • 1 OPTIMIST CLUB OF BURNSVILLE 12725 DUPONT AVENUE SOUTH BU'RNSVILLE.MINNESOTA 55337 (612)894-6230 FAX 894-9364 August 31. 1994 Gambling Control Board 1711 West County Road B Suite 300.South Roseville. Minnesota 55113 RE: License= 2768-005 To whom it may concern: Consider this the cancellation of the lease at the above mentioned site. Players Bar and Grille at Canteiljury Inn Motel. Vernon N. Carothers (. 1/4* .L.----' Gambling Manager from:UM MOTU PBOBIFHSOLVERS Fax:612-894-9364 Voice:612-894-6238 To:Judith Cox at:Shakopee,City of Page 2 of 2 Friday,September 2,1994 3:29:58p8 OPTIMIST CLUB OF BURNSVILLE 12725 DUPONT AVENUE SOUTH BURNSVILLE.MINNESOTA 55337 (612)894-6230 FAX 894-9364 August 31. 1994 Gambling Control Board 1711 West County Road B Suite 300 South Roseville. Minnesota 55113 RE: License 2768-005 To whom it may concern: Consider this the cancellation of the lease at the above mentioned site. Players Bar and Grille at Canterbury Inn Motel. Vernon N. Carothers ()\ Gambling Manager CONSENT . 1),tA) MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Contracts for Recording Secretary DATE: August 30, 1994 INTRODUCTION: Authorization is requested to enter into contracts for recording secretaries for preparing minutes for City Council and Planning Commission meetings. BACKGROUND: Debra Zabel, Recording Secretary for City Council, recently resigned. You may remember that she accepted a position in Montana. Following Debra's resignation, the City advertised for a recording secretary. Four applications were received. Two applicants have court reporting skills, as did Debra. Staff is recommending hiring Esther TenEyck as the regular council secretary and Debra Clausen as a back-up recording secretary. Debra would be available to back-up both the council secretary and the planning secretary. Both positions, regular and back-up recording secretary would be compensated at Step I, for recording secretary, $7. 06/hr. RECOMMENDED ACTION: 1) Authorize the appropriate City officials to enter into a personal services contract with Esther TeyEyck for recording secretary at Step 1 of the 1994 Seasonal/Part-Time Pay Plan. 2) Authorize the appropriate City officials to enter into a personal services contract with Debra Clausen for back-up recording secretary at Step 1 of the 1994 Seasonal/Part-Time Pay Plan. / 6miMEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Parking Limitation on the West Side of Lewis Street between 5th and 6th Avenues DATE: September 1, 1994 INTRODUCTION: Mr. Robert Ostlund, the Superintendent of I .S.D. 720 has requested that the City prohibit parking on the West side of Lewis Street between 5th and 6th Avenues from 2 : 00 to 4 : 00 PM during school days . BACKGROUND: I .S .D. 720 has changed the location for 5th and 6th grade students for the 1994-1995 academic year. Now all 5th and 6th graders will be transported to Central School . As a result of this change additional school buses will be transporting these students from all over the district to Central School . Because of the nature of busing in the morning there is not a particular parking problem that will be generated by this change, however the transportation home in the afternoon will require that additional parking be provided for school buses . The safest way to bus students is to have the buses lined up along the curb in a single file rather than double parking school buses . Therefore, a request has been made to have the City install "No Parking from 2 PM to 4PM" signs along the West side of Lewis Street between 5th and 6th Avenues . RECOMMENDATION: It is recommended that the City Council pass a motion which will provide for the installation of No Parking signs on the West side of Lewis Street between 5th and 6th Avenues during school days . ACTION REQUESTED: Move to direct the Chief of Police to post signs prohibiting parking on the West side of Lewis Street between 5th and 6th Avenues from 2 PM to 4 PM during school days. . TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1995 Budget Hearing DATE: August 25, 1994 Attached is a calendar to assist in setting the dates for the public hearing for the 1995 tax levy and budget. Council should set dates for the initial hearing, a possible continuation hearing and the subsequent hearing at which the actual adoption will occur. The subsequent hearing can occur the same time as a regular Council meeting. Suggested dates are: Initial Dec 7 Continuation Dec 14 Subsequent Dec 20 • F- CC o H LL P.r pp . N Smi Ww c.03 cr) W OFcn - J _ ~ • § § 0 CONSENT TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1995 HRA Tax Levy Consent Resolution No. 4081 DATE: August 30, 1994 Introduction Attached is Resolution Number 4081 which consents to the HRA tax levy. Background State law provides that the city must consent to the levy of a tax by the HRA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 4081, A Resolution Consenting To The Levy Of A Special Tax By The Housing And Redevelopment Authority In And For The City Of Shakopee, and move its adoption. RESOLUTION NO. 4081 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority a taxing district for the purpose of levying and collecting a special benefit tax, and HEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $101,710 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1995. 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 /y.i) TO: Dennis Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1994 Proposed Budget Resolution DATE: August 30, 1994 Introduction Attached is Resolution Number 4082 which sets the maximum proposed 1994/95 tax levy. Background Time frames The existing law requires that Shakopee certify a proposed budget, budget hearing date and proposed maximum tax levy to the county by September 15. The City has to publish notice and hold a public hearing, adopt the final tax levy and adopt the budget a later hearing, and then certify the final levy to the county by December 28, 1994. Tax Levy The proposed maximum tax levy for 1994/95 is a total levy of $2, 939, 740 including the full debt service levy of $259,986. The levy last year was $2,805, 925 including $270, 682 for debt service. The increase in the gross levy is $133, 815 or 4.8%. It is recommended that Council include the levy for two bond issues that have sufficient funding on hand in this proposed maximum levy. Once the hearing notices are sent from the county Council can see the impact on residences and then either cancel the two debt levies or levy that amount as a general fund levy. The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. General Fund Budget The Council is supposed to certify a proposed budget to the County Auditor by September 15th. Council may change the amount up or down for the final budget. The resolution includes the General Fund Budget total draft amount of $5,701, 420. Alternatives 1. Adopt resolution as drafted. 2 . increase or decrease amounts for tax levy or budget in the resolution. Action Offer Resolution Number 4082, A Resolution Setting Proposed Maximum 1994 Tax Levy, Collectable In 1995, and move its adoption. RESOLUTION NO. 4082 A RESOLUTION SETTING PROPOSED MAXIMUM 1994 TAX LEVY, COLLECTIBLE IN 1995 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that $2,939,740 (after reductions for HACA aid) be levied as the proposed maximum tax levy in accordance with existing law for the current year upon the taxable property in the City of Shakopee. BE IT FURTHER RESOLVED, that the proposed appropriations for the General Fund Budget for 1995 is $5,701,420. BE IT FURTHER RESOLVED, that the public hearing for the tax levy is December 7, 1994 with the continuation date of December 14, 1994. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney CONSENT l'Ic EXPLANATION TO ORDINANCE 385 ORIGINATING DEPARTMENT: Law Department PURPOSE: To exempt a used book exchange from the Secondhand Dealer' s Licensing provisions . REMARKS : At the August 16, 1994, City Council meeting the City Council approved a request by Ivy Land Books and Gifts to allow the sale of used books without complying with the Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers licensing provisions . Although stolen books can show up at used bookstores, it is relatively uncommon. Shakopee has not had any recent problems with stolen books, and the requirement that the store provide only credit rather than cash will discourage thieves . Therefore, staff has prepared a simple amendment to exempt this category of sales of used goods . ACTION REQUESTED: Offer Ordinance No. 385 , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6 . 28, Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, Subd. 2, Definitions, by repealing paragraph F and enacting one new paragraph in lieu thereof, and move its adoption. Submitted by: >/gL4 A City Atto ney [16 MEMO] ORDINANCE NO. 385 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 , OTHER BUSINESS REGULATION AND LICENSING, SEC. 6 . 28, PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS, SUED. 2 , DEFINITIONS, BY REPEALING PARAGRAPH F AND ENACTING ONE NEW PARAGRAPH IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 6 , Other Business Regulation and Licensing, Sec . 6 . 28 , Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, Subd. 2 , Definitions, is hereby amended by repealing paragraph F and enacting one new paragraph in lieu thereof, which shall read as follows : SEC. 6 .28 . PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS . Subd. 2 . Definitions. As used in this Section, the following words and terms shall have the meanings stated: F. "Secondhand Dealer" means a person engaged in the business of buying previously used, rented, owned, or leased goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns, and wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled. Persons conducting the following transactions shall not be deemed to be Secondhand Dealers : 1. Transactions where all the following are present : a. The sale is held on property occupied as a dwelling by the seller, or owned, rented, or leased by a charitable organization; b. The items offered for sale are owned by the occupant ; c . No sale exceeds a period of 72 consecutive hours d. No more than four sales are held in any 12- month period; and • e. None of the items offered for sale was purchased for resale or received on consignment for the purpose of resale . 2 . Sales of goods at an auction held by an auctioneer. 3 . Transactions involving goods taken as partial or full payment for new goods, where such business is incidental to and not the primary business of the person. 4 . Transactions by a business specializing in the sale of antiques and other goods more than 20 years old, where any other transactions are incidental to the antique business . 5 . The sale and exchange of used books , where the business gives only credit and not cash for used books it acauires from customers . 6 4. Bulk sales of property from a merchant, manufacturer or wholesaler having an established place of business, or goods sold at open sale from bankrupt stock. 7 6-. Sale of goods at an exhibition, providing the exhibition does not last longer than ten days in any 12-month period. 8 Sales of automobiles by a licensed automobile dealer. 9 4. Sales made by the sheriff or other public officials in the discharge of their official duties . 10 4. Sales made by assignees or receivers appointed by the State or a court to make sales for the benefit of creditors . 11 14. Sales by a charitable organization of donated items . _;ore : =he rodlinod language is deleted; the underlined language Is inserted. Sec ion 2 - General Provisions . City Code Chapter 1 , nera-_VProvisions and Definitions Applicable to the Entire City 2 Code Including Penalty For Violation, and Section 6 . 99, Violation a Petty Misdemeanor or Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 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 . [16MEMO] 3 p/ce CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Amendment to Resolution No. 4030 Deleting Condition 3.D MEETING DATE: September 6, 1994 Introduction and Discussion: On June 21, 1994, the Shakopee City Council adopted Resolution No. 4030, a resolution approving both the Preliminary and Final Development Plans for the proposed Scherer South PUD. During the preparation of the staff report for this application, staff was informed by Shakopee Public Utilities that the existing 1" water service line in 4th Avenue was required to be disconnected and plugged at the 12" main. Condition No. 3.D of Resolution No. 4030 required compliance with this prior to the recording of the Development Agreement with the Scott County Recorder's Office. Recently, the legal department discovered that this condition cannot be required in the resolution. Therefore, staff is recommending that Condition No. 3.D of Resolution No. 4030 be deleted. Staff Recommendation: Staff recommends that Resolution No. 4030 be Amended to delete Condition No. 3.D, which states: "3. The following must be completed prior to the recording of the Development Agreement with the Scott County Recorder's Office: D. The existing 1" water service line in 4th Avenue to Scherer South will be disconnected and plugged at the 12"main. " Action Requested: Offer Resolution No. 4083, A Resolution Approving Amendment No. 1 to the Preliminary and Final Development Plans for the Scherer South Planned Unit Development, and move its adoption. {CITYCOUN WN ENDPUD.906} RESOLUTION NO. 4083 (AMENDMENT NO. 1) A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4030, A RESOLUTION APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE SCHERER SOUTH PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, the City Council of the City of Shakopee did approve the Preliminary and Final Development Plans for the Scherer South Planned Unit Development on June 21, 1994; and WHEREAS, the City Council of the City of Shakopee did approve Amendment No. 1 to the Preliminary and Final Development Plans for the Scherer South Planned Unit Development on September 6, 1994, which deleted Condition No. 4.D which stated, "4. The following must be completed prior to the recording of the Development Agreement with the Scott County Recorder's Office: D. The existing 1 " water service line in 4th Avenue to Scherer South will be disconnected and plugged at the 12"main. 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 Amendment No. 1 to the Preliminary and Final Development Plans 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 "A": 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, as measured along said south line 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; and except that part thereof lying Westerly of a line drawn parallel with and 600 feet Westerly of as measured at a right angle to said Line "A". is hereby approved subject to the following conditions: 1. The following variances from the Zoning Ordinance are approved: A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". The approval of this PUD allows the following buildings to be constructed on the subject site: a. Office Building. A one story office structure which includes a 2,230 square foot hardware sales area and a 1,530 square foot display area. Millwork/Warehouse. A single story structure, 64,000 square feet in area, used as a millwork warehouse. Closed Dock. Loading dock and connecting link between office and millwork / warehouse structure, 3,299 square feet in area. b. Garage. A single story, 4,800 square foot structure, used for light maintenance, washing, and parts storage. c. Warehouse. A single story structure 30,000 square feet in area, used for cold storage for roofing, siding, and related hardware. d. Covered Storage. 24,800 square feet of covered storage, open on one side only. The back of this structure will form perimeter screening and fencing for the site. e. President Homes. A warehouse, 2,400 square feet in side, and 4,800 square feet of open loading docks. To include a small office and restroom facility. B. Section 11.05, Subd. 4.B, regarding Fences, which states, "Fences in excess of the above heights shall require a Conditional Use Permit" (or approval through a PUD). The approval of this PUD allows a fence, eight (8) feet in height,to be constructed on the subject site. The fence shall be located within the areas designated on the site plans. Barbed wire fences shall not be permitted on the site. C. Section 11.33, Subd. 3.N, states that "retail sales and displays are allowed as a Conditional Use when they are necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the principal structure". The PUD shall comply with the requirements of Section 11.33, Subd. 3.N. The office, dock, and millwork /warehouse building serves as the principal structure on the subject site. The applicant's submittal identifies 3,760 square feet of retail (display and hardware) area within this proposed structure. Retail operations shall be limited to Monday through Friday from 6 a.m. to 6 p.m. The calculations as per Section 11.33, Subd. 3.N would be as follows: Office (First Floor / Phase I only) 11,400' sq. Closed Dock (40' x 80') 3,200' sq. Millwork / Warehouse (160' x 240') 36,600' sa. Total Area of Principal Structure 51,200' sq. 3,760' sa. Total Retail Proposed by Applicant 51,200 'sq. Total Area of Principal Structure = 7.35% of Structure 2. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the Planned Unit Development must be filed with the Scott County Recorder. B. A Major Subdivision plat must be approved and recorded for the subject site. 3. The following must be completed prior to the recording of the Development Agreement with the Scott County Recorder's Office: A. Verification of the approval of the Stormwater Management Plan by the Lower Minnesota Watershed District must be submitted to the City prior to the recording of the Final Development Plan for the PUD by the Scott County Recorder's Office. B. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed Planned Unit Development prior to the recording of the Final Development Plan with the Scott County Recorder's Office. C. The applicant shall submit verification that the private sanitary sewer easements between the property owner to the west and Scherer Bros. have been completed and executed. D. The applicant shall submit a revised Final Development Plan which shows the location of the easement for the VIP sewer. 4. Approval of the Preliminary and Final Development Plans are contingent upon the following: A. Approval of the Final Development Plan is contingent upon the approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. B. Approval of the Final Development Plan is contingent upon the approval of the Stormwater Management Plan by the City Engineer. 5. The following must be completed prior to the approval of a Building Permit: A. All proposed signage requires the approval of Sign Permits from the City of Shakopee, and must meet the requirements of Section 4.30, Subd. 4. 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. E. The applicant shall pay the existing special assessments against this property prior to the approval of the Building Permit. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this — day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney CONSENT irs) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff EngineerP/N ' SUBJECT: Mn/DOT Cost Participation Agreement DATE: August 29, 1994 INTRODUCTION: Attached is Resolution No. 4079, which authorizes the appropriate City officials to execute agreement 72322 between Mn/DOT and the City of Shakopee which covers the cost participation of each agency for work related to the Upper Valley Drainage Project. Mn/DOT has requested that the City execute the agreement. BACKGROUND: The above referenced agreement pertaining to the relocating of a high pressure gasmain that was necessary for the construction of the current phase of the Upper Valley Drainage Project. The agreement states that 47.8% of the costs to lower the gasmain is the responsibility of the City of Shakopee, and that the remaining 52.8% will be paid by Mn/DOT. Previously, the City entered into an agreement with Mn/DOT covering the construction of the Upper Valley Drainageway (Resolution No. 3841). This existing agreement identifies the same financial responsibility (47.8%) for the City as the new agreement does. The City Attorney reviewed the existing agreement when Mn/DOT originally requested the City to participate in the cost of the gasmain work several months ago, and determined that the existing agreement did not cover gasmain relocation. Since that time, Mn/DOT has drafted the new agreement which covers the gasmain work. The City Attorney has reviewed this new document and has approved it as to the form and content. ALTERNATIVES: 1. Adopt Resolution No. 4079, Authorizing the proper City officials to execute the agreement No. 72322 with Mn/DOT. 2. Deny Resolution No. 4079. 3. Table for further information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No, 4079, A Resolution Authorizing the Execution of a Cooperative Construction Agreement with MN/DOT for the Shakopee Bypass Drainage Project No. 1993-3, and move it's adoption. DMN/pmp AGREEMENT P �otiEsoi- Minnesota olb Department of Transportation a Transportation Building 395 John Ireland Boulevard 296-8652 rOF Saint Paul, Minnesota 55155 MAIL STOP 678 August 1, 1994 Room 715N Mr. David Hutton Public Works Director/Engineer City of Shakopee wow 129 east 1st Avenue 40 Shakopee, MN 55379-1376 "LC ' ; In Reply Refer To: e� 199 r 4,..4 S.P. 7005-62 (TH 101) / Scott County 1 SHAKOPEE BYPASS Agreement No. 72322 Dear Mr. Hutton: Enclosed are copies of the Agency Agreement that provides for the participation of costs in the relocating of Minnegasco's gas lines for the drainage improvements along the Shakopee Bypass. The costs are based upon the estimate which is a part of Relocation Agreement No. 71451 with Minnegasco. A copy of this fully executed agreement is attached. You will note on Exhibit A of Agreement 72322 is the same as Exhibit B of Agreement 71451. Fourty Seven and Two Tenths percent, 47.2% of the estimated total cost of the relocation (Ninety One Thousand Nine Hundred Nineteen and 21/100 Dollars ($91,919.21) , or Fourty Three Thousand Nine Hundred Thirty Seven and 38/100 ($43,937.38) is the City of Shakopee's responsibility. An administrative cost of One Thousand Five Hundred and no/100 ($1,500.00) has been added to cover the cost (as estimated by our external audit section) to cover the audit costs related to Agreement 71451 with Minnegasco. Upon completion of the project and at the conclusion of the Audit, the Cities portion will be re-calucated using the final costs. If an overpayment by the City was made, you will be refunded that amount, any underpayment, you will be billed. The administrative cost will remain at $1500. 00. Kindly execute and return to this office all copies of the Agreement as soon as possible. Please attach a certified copy of the Council resolution approving and authorizing this Agreement to each copy of the document. Subsequent to execution by the State, one copy will be returned to you. An Equal Opportunity Employer If you have any questions regarding the above referenced project, please contact Bruce Mikkelson, at telephone number 296-8652. Sincerely, Patricia Schrader Acting Utilities Agreements Engineer Enclosures: Agency Agreement RESOLUTION NO. 4079 A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR THE SHAKOPEE BYPASS DRAINAGE PROJECT NO. 1993-3 BE IT RESOLVED that the City of Shakopee enter into Agreement No. 72322 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: To provide for payment by the State to the City of the State's share of the cost to the storm sewer and ditch construction to be performed north of and along proposed Trunk Highway No. 101 (Shakopee Bypass) from Mainline Ditch Segment No. 6 located near the northwest quadrant of the proposed Trunk Highway No.101 (Shakopee Bypass) - County State Aid Highway No. 16 intersection to the end of Mainline Ditch Segment No. 1 located on the north side of proposed Trunk Highway 101 (Shakopee Bypass) at Engineer Station 87=70 under State Project No. 7005-62 (T.H. 191=187). BE IT FURTHER RESOLVED tat the City officers are hereby authorized and directed to execute such agreement. 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 CERTIFICATION I hereby certify that the foregoing Resolution is a true and a correct copy of the resolution presented to and adopted by the Council of the City of Shakopee at a duly authorized meeting thereof held on the 3rd day of August, 1993, as shown by the minutes of the meeting in my possession. r . /yy,) �U n m u I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer)20'N) SUBJECT: Mn/DOT Cost Participation Agreement DATE: August 29, 1994 INTRODUCTION: Attached is Resolution No. 4079, which authorizes the appropriate City officials to execute agreement 72322 between Mn/DOT and the City of Shakopee which covers the cost participation of each agency for work related to the Upper Valley Drainage Project. Mn/DOT has requested that the City execute the agreement. BACKGROUND: The above referenced agreement pertaining to the relocating of a high pressure gasmain that was necessary for the construction of the current phase of the Upper Valley Drainage Project. The agreement states that 47.8% of the costs to lower the gasmain is the responsibility of the City of Shakopee, and that the remaining 52.8% will be paid by Mn/DOT. Previously, the City entered into an agreement with Mn/DOT covering the construction of the Upper Valley Drainageway (Resolution No. 3841). This existing agreement identifies the same financial responsibility (47.8%) for the City as the new agreement does. The City Attorney reviewed the existing agreement when Mn/DOT originally requested the City to participate in the cost of the gasmain work several months ago, and determined that the existing agreement did not cover gasmain relocation. Since that time, Mn/DOT has drafted the new agreement which covers the gasmain work. The City Attorney has reviewed this new document and has approved it as to the form and content. ALTERNATIVES: 1. Adopt Resolution No. 4079, Authorizing the proper City officials to execute the agreement No. 72322 with Mn/DOT. 2. Deny Resolution No. 4079. 3. Table for further information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No, 4079, A Resolution Authorizing the Execution of a Cooperative Construction Agreement with MN/DOT for the Shakopee Bypass Drainage Project No. 1993-3, and move it's adoption. DMN/pmp AGREEMENT RESOLUTION NO. 4079 A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR THE SHAKOPEE BYPASS DRAINAGE PROJECT NO. 1993-3 BE IT RESOLVED that the City of Shakopee enter into Agreement No. 72322 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: To provide for payment by the State to the City of the State's share of the cost to the storm sewer and ditch construction to be performed north of and along, proposed Trunk Highway No. 101 (Shakopee Bypass) from Mainline Ditch Segment No. 6 located near the northwest quadrant of the proposed Trunk Highway No.101 (Shakopee Bypass) - County State Aid Highway No. 16 intersection to the end of Mainline Ditch Segment No. 1 located on the north side of proposed Trunk Highway 101 (Shakopee Bypass) at Engineer Station 87=70 under State Project No. 7005-62 (T.H. 191=187). BE IT FURTHER RESOLVED tat the City officers are hereby authorized and directed to execute such agreement. 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 CERTIFICATION I hereby certify that the foregoing Resolution is a true and a correct copy of the resolution presented to and adopted by the Council of the City of Shakopee at a duly authorized meeting thereof held on the 3rd day of August, 1993, as shown by the minutes of the meeting in my possession. ''d1• T9viin le,o� p;) �v, ✓ 'partme o o Trans , tati; : Tran--purtatit�__ Buii 71-, 0 395 John Ireland Boulevard 296-8652 "'T L, _ n i 4 1eso n 7)5; E MAIL STOP 678 11=` Paul `' Room 715N August7l, 1994 Mr. David Hutton Public Works Director/Engineer Cr .r, City of Shakopee 'JJ ��w.` , 129 east 1st Avenue ,/9 . Shakopee, MN 55379-1376 AUc s - 4 In Reply Refer To: c .ists,.. /� , , S.P. 7005-62 (TH 101) CS / y p 8 Scott County jS' SHAKOPEE BYPASS Agreement No. 72322 Dear Mr. Hutton: Enclosed are copies of the Agency Agreement that provides for the participation of costs in the relocating of Minnegasco's gas lines for the drainage improvements along the Shakopee Bypass. The costs are based upon the estimate which is a part of Relocation Agreement No. 71451 with Minnegasco. A copy of this fully executed agreement is attached. You will note on Exhibit A of Agreement 72322 is the same as Exhibit B of Agreement 71451. Fourty Seven and Two Tenths percent, 47.2% of the estimated total cost of the relocation (Ninety One Thousand Nine Hundred Nineteen and 21/100 Dollars ($91, 919.21) , or Fourty Three Thousand Nine Hundred Thirty Seven and 38/100 ($43 , 937 . 38) is the City of Shakopee's responsibility. An administrative cost of One Thousand Five Hundred and no/100 ($1, 500. 00) has been added to cover the cost (as estimated by our external audit section) to cover the audit costs related to Agreement 71451 with Minnegasco. Upon completion of the project and at the conclusion of the Audit, the Cities portion will be re-calucated using the final costs. If an overpayment by the City was made, you will be refunded that amount, any underpayment, you will be billed. The administrative cost will remain at $1500.00. Kindly execute and return to this office all copies of the Agreement as soon as possible. Please attach a certified copy of the Council resolution approving and authorizing this Agreement to each copy of the document. Subsequent to execution by the State, one copy will be returned to you. Al Equal Opp-rrunity Employer If you have any questions regarding the above referenced project, please contact Bruce Mikkelson, at telephone number 296-8652 . Sincerely, c7,„ Patricia Schrader Acting Utilities Agreements Engineer Enclosures: Agency Agreement Prepared by: Utilities Agreements Unit (Receivable) $45 , 437 . 38 S. P. 7005-62 (T.H. 101) Scott County T.H. 101 Drainage Improvements CITY OF SHAKOPEE Agency Agreement No. 72322 AGENCY AGREEMENT (COST PARTICIPATION) THIS AGREEMENT, made by and between the State of Minnesota, acting by and through its Commissioner of Transportation, hereinafter referred to as the "State" and the CITY OF SHAKOPEE, hereinafter referred to as the "Utility" . WITNESSETH THAT: WHEREAS, the Utility did prepare plans and specifications and did let a contract for the drainage improvements on Trunk Highway 101, said project being identified in the records of the Utility S.P. 7005-62 ; and WHEREAS, the Utility is not staffed to prepare the documents necessary to enter into a contract with Minnegasco, Inc. , to make the necessary improvements to it's buried gas facilities, and the Utility asked the State to perform such duties: NOW, THEREFORE, IT IS AGREED: ARTICLE - AGENCY APPOINTMENT Agreement No. 72322 rage 2 The Utility in connection with the construction of the aforesaid portion of Trunk Highway 101 By-_ass drainage improvements, does hereby appoint the Commissioner cf Transportation as its Agent to prepare the Agreement for the cost participation in the relocation of the gas facilities. ARTICLE - AGENCY CONSTRUCTION The relocation of the gas facilities shall be under the supervision of the Utilitly. ARTICLE - AGENCY PAYMENT The actual cost of said relocation shall be determined in accordance with RELOCATION AGREEMENT NO. 71451, executed between the State and Minnegasco, Inc. The Utility hereby authorizes the Commissioner of Transportation, as its Agent, to pay Minnegasco, Inc. , directly for said installation. The Utility agrees to pay to the State the "Total Cost" incurred by the State in the construction of said Utility System. Total Cost as referred to shall consist of: 1. "Construction Cost" ; All relocation costs incurred by Minnegasco, Inc. , in the relocation of their facilities. 2 . "Administrative Cost" , a lump sum of $1500. 00 to defray the costs incurred by .the State in the preparation of the Agreement and in the State's auditing of Minnegasco's billing. Agreement No. 72322 :age 3 It is estimated that said cost of the Utility' s share of the work hereinunder and based on Minnegasco's estimate as shown on Exhibit "B" of RELOCATION AGREEMENT NO. 71451 and said Exhibit "A" of this Agreement, the estimated Construction Cost to be Ninety One Thousand Nine Hundred Nineteen and 71/100 Dollars ($91, 919 . 71) . The Utilitly shall be responsible for 47 . 8% ($43 , 937 . 38) and the State for 52 . 2% ($47 , 981. 83) . In addition to the Utility shall also pay Administrative Costs of $1500 . 00. The Utility agrees to advance to the Commissioner of Transportation said sum as approved on the transmitted Exhibit "B" forthwith upon receipt of a written request from the State for such payment. Upon completion and acceptance of the work provided for in RELOCATION AGREEMENT NO. 71451 and after audit of the final bill, the Utility shall then be responsible for 47.8% of the audited final' bill, plus the Administrative lump sum of $1500. 00. The Commissioner shall determine and compute the amount due the Trunk Highway Fund of the State of Minnesota hereunder from the Utility. After the Commissioner has determined as aforesaid the actual amount due from the Utility, he shall apply on the payment thereof as much as may be necessary of the aforesaid funds advanced by the Utility. If the amount found due from the Utility shall be less than the amount of the funds advanced, then, and in that event, the balance of said advanced fund shall be returned to the Utility without interest. If the amount found due from the Utility shall exceed said amount of funds advanced to the State, the Utility agrees to promptly pay the State the difference between the said amount due and said amount of funds advanced. Agreement No. 72322 Page 4 It is further agreed that the aforesaid computation and determination by the Commissioner of Transportation of the amount due from the Utility hereunder shall be final, binding, and conclusive. S . P. 7005-62 (T.H. 101) Scott County Agreement No. 72322 IN TESTIMONY WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (CITY SEAL) CITY OF By Mayor By City Director of Public Works Director of Finance By By By City Attorney By DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA Recommended for Approval: Commissioner of Transportation By Division Director of Construction Director, and Maintenance Office of Technical Support Director, Design Services Section Approved: Approved as to form and Commissioner of Administration execution: By Special Assistant Authorized Signature Attorney General State of Minnesota - 5 - _ DirsiGG ::P.�.,-� A:---Til V Mr. Bruce Mikkeison Utilities Agreement Engineer Minnesota Department of Transportation Transportation Building St. Paul, MN 55155 Re: S.P. 7005-62 (T.1-1. 101) Shakopee Bypass Upper V. Drainage - Storm Sewer Connection Agreement No. 71451 Minnegasco Job Nos. A0969-94 & A0970-94 Dear Mr. Mikkelson: _ _ __. Enclosed are eight (8) copies of the plan and esr4mate for the above referenced project. Minnegasco plsns to utilize our own work force and a private contractor to complete the required relocation work. The contacted work will be done by Northern Pipeline Construction Company. The contractor will install all proposed gas mails, make tie-in connections, and gas main abandonments. Inspecting, tapping, stopping off gas flow, opening and closing valves, and regulation work will be done by Minnegasco personnel. We believe that our own work force should do this work to ensure service preservation to our customers and because it is also cost effective. This type of work is highly specialized and technical; it requires familiarity of company policies and procedures, the .uili7atic-, of specialized equipment, and access to Minnegasco's private records. . The sinmmary of estimated costs for this project: A0969-94 A0970-94 Minnegasco Direct Labor S 2320.73 S 1,160.36 Materials and Supplies 15,637.63 10,560.87 . Equipment and Transportation 560.00 280.00 Contractor(Northern Pipeline) 44.658.39 16.746.23 Total CostS 63,176.75 S 28,747.46 = $ 91,919.21 If you have any questions, please call me a: 342-5287. Sincerely, .73-7. 3� Ql) g11.2. J X , 1-1 `6 �31 I-- 4Ji'iu�, Co .r _ ( ooOsc V. Juria, PE '` Design Engineer �51 IYM — - i 14 � �, • Enclosure , A G R 7 2 322 , , ,, 700 West Linden Avenue EXHIBIT A P.O. Box 1165 CONSENT ly -e MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer D/H/`) SUBJECT: Valley Park 11th Addition, Project No. 1993-10 DATE: August 29, 1994 INTRODUCTION: Attached is Resolution No. 4078, a resolution declaring the amount to be assessed and ordering the preparation of the proposed assessments. BACKGROUND: Work on the Valley Park 11th Project,Project No. 1993-10 has been completed and accepted by the Engineering Department. The Valley Green Business Park has requested that the City assess the project as soon as possible. The final project costs are $711,546.34 which consists of construction costs of$562,410.40 and administrative/engineering costs of$149,135.94. Prior to levying assessments on this project, a public hearing must be held. The attached resolution sets a public hearing for October 4, 1994 at 7:00 P.M.in the City Council Chambers. At the hearing, staff will give a detailed presentation on the assessment calculations and policies used on this project. ALTERNATIVES: 1. Adopt Resolution No. 4078. 2. Deny Resolution No. 4078. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4078, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Valley Park 1 lth Addition,Project No. 1993-10 and move its adoption. DMN/pmp MEM4078 RESOLUTION NO. 4078 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Valley Park 11th Addition Project No. 1993-10 WHEREAS, a contract has been let for the improvement of: Valley Park 11th Addition and the contract price for such improvements is $562,410.40, the construction contingency amounts to $0 and the expenses incurred or to be incurred in the making of such improvements amounts to $149,135.94,so that the total cost of the improvements will be $711,546.34. Of this cost the City of Shakopee will pay $0 as its share of the cost and the Shakopee Public Utilities Commission will pay $0 as its share of the cost. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $711,546.34. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 4th day of October, 1994, in the Council Chambers of City Hall at 7:00 P.M.or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT /y MEMO TO: Dennis R.Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Budget Amendment - Resolution No. 4080 DATE: August 30, 1994 INTRODUCTION: This summer the Recreation Department staff solicited sponsors for each of the Youth T-Ball Teams. The program generated revenues and expenditures that were no included in the 1994 budget. BACKGROUND: This past summer the T-Ball Program generated enough interest to support 18 T-Ball Teams. In an effort to cover program costs, staff solicited sponsorships from various businesses in the community. The sponsorship ($75.00) was utilized to buy t-shirts for each team member and offset supply costs. Neither the revenues or expenditures associated with this program were included in the 1994 budget. It would be appropriate at this time to approve Resolution No. 4080 amending the 1994 budget to address the appropriate revenue and expenditure amounts. Staff would like to note that the 1995 budget as submitted to City Council for review and consideration does include the revenues and expenditures associated with the T-Ball Program. ALTERNATIVES: 1. Offered Resolution No. 4080, A Resolution Amending Resolution No. 3913 , Adopting the 1994 Budget. 2 . Do not approve Resolution No. 4080. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Offered Resolution No. 4080, A Resolution Amending Resolution No. 3913, Adopting the 1994 Budget. BAS/tiv RESOLUTION NO. 4080 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 $1,350 General Recreation Supplies $1,350 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 / 4/11 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CI Y COUNCIL FROM: Karen Marty, City Attorn DATE: September 1, 1994 RE: Acting City Clerk BACKGROUND: From time to time the City Clerk is unavailable . The Assistant City Administrator has been authorized to fill in when the City Clerk is absent, but no provision was made to cover when the Assistant City Administrator also is absent . That problem arose in late July, and some documents could not be signed in a timely manner. In order to avoid a repeat of this problem, we are proposing that two individuals be authorized to act as Acting City Clerk. They are listed in the order they would be asked to serve. The . City Administrator has recommended that these individuals be those holding the following positions : 1 . Assistant City Administrator 2 . City Planner The City Clerk and I have discussed her concerns about proper handling of her responsibilities when she is absent . She will be preparing some instructions to be followed by any acting individuals . In addition, she noted that an incorrect number had been typed onto the resolution prior to the last Council meeting. The number now has been corrected. ALTERNATIVES : 1 . Offer Resolution No. 4063 , a resolution designating the Acting City Clerk, and move its adoption. 2 . Amend Resolution No. 4063 , and move its adoption. RECOMMENDATION: Offer Resolution No. 4063 , a resolution designating the Acting City Clerk, and move its adoption. [1CCL] RESOLUTION NO. 4063 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DESIGNATING THE ACTING CITY CLERK. WHEREAS, from time to time the City Clerk is unavailable to perform her duties; and WHEREAS, presently the Assistant City Administrator is designated as Acting City Clerk; and WHEREAS, the City Council desires to establish a list of employees who may act as Acting City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the individuals in the following positions are authorized to fulfill the duties of the City Clerk when the City Clerk is unavailable : 1 . Assistant City Administrator 2 . City Planner The individual in each position shall be authorized in the order and ranking indicated. If the individual in one of these positions is Acting City Administrator, that individual shall be passed over, and the individual in the next position shall be Acting City Clerk. 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 7 12,• Aooroved as to form: �:% % r / - City Attorney [_CCL] CONSENT ) 41)11 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne� DATE: September 1, 1994 RE: Acting City Administrator BACKGROUND: From time to time the Administrator authorized tolfbill in le . The Assistant City Administrator when the City Administrator is absent . "Common knowledge" seems to allow the Directorof Public ifill in when both are unavailable, but no officaauthorizatoncan befound This an Acting City was discovered in the course of establishing Clerk. In order to officially designate someone to fill in when the City Administrator and the Assistant eCity s of Administratorer both are absent, we are proposing that authorized to act as Acting City Admto inistraterve . or. Cihey are listed in the order they would be asked Administrator has recommended that these individuals be those holding the following positions : 1 . Assistant City Administrator 2 . Director of Finance 3 . Chief of Police ALTERNATIVES : 1 . Offer Resolution No. 4084 , at esols ution,designating the Acting City Administrator, and move2 . Amend Resolution No. 4084, and move its adoption. RECOMMENDATION: Offer Resolution No. 4084, a resolution designating the Acting City Administrator, and move its adoption. [1CCL] RESOLUTION NO. 4084 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DESIGNATING THE ACTING CITY ADMINISTRATOR. WHEREAS, from time to time the City Administrator is unavailable to perform his duties; and WHEREAS, presently the Assistant City Administrator is designated as Acting City Administrator; and WHEREAS, the City Council desires to establish a list of employees who may act as Acting City Administrator. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the individuals in the following positions are authorized to fulfill the duties of the City Administrator when the City Administrator is unavailable : 1 . Assistant City Administrator 2 . Director of Finance 3 . Chief of Police The individual in each position shall be authorized in the order and ranking indicated. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1994 . Mayor of the City of Shakopee City Clerk Attest : % f / -/7 / - = City Attorney . --- � Approved as to form: 1CCL] MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of a Temporary Part Time Intern DATE: September 6, 1994 There are several projects of moderate priority that are not beingg addressed in as timely manner as I would like. Therefore, requesting authorization to hire a temporary part time intern this Fall to facilitate the completion of these projects . BACKGROUND: for Several months ago the City Council directed thatest The person performance plan be prepared for management employees . is now who would have been assigned to that project, Barry sed community spending a significant amount of time on the proposed several center. The City is also in need of complying the venal mandates from higher governmental sources including OSHA aply with all theAWAIR need whether as wellas needing to completeworkon a new the requirements, employee performance review system. Currently there is sufficient money in the budget to odhire temporary part time intern for this purpose. If app by the City Council, I am contemplating offering this job to a second year graduate student in Public Administration from Hamli em t ly ty0 I would envision that the job would last for app weeks, would include no depending upon whatdprobably be in the sta standard wages are forg of $6 - $8 per houa p job such as this. RECogIENDATION • rove the creation of a temporary part time intern position It is recommended that the City app rove the Department of tmthat Administration for the Fall of this year with the provision the job not exceed 20 hours per week for a maximum time of 10 weeks . ACTION REQUESTED: Move to authorize the City Administrator to hire a part time temporary intern to complete work on various administration programs for the Fall of /(5---C SCCMR SPORTSMEN'S COALITION FOR A CLEAN MINNESOTA RIVER To : Judy Cox Shakopee City Clerk I 129 Holms Street 3 Q Shakopee , MN 55379--1351 i766r 9 d3 33dOut/Hs dO AII0 From: Scott Sparlin Coord. SCCMR Re : Dispensing of beer on City property Ms . Cox, On September 10th, 1994, at the Murphy' s Landing Pavillion in Shakopee , we are holding our 4th annual Minnesota River Rally. This rally is intended to raise public awareness as to the degraded condition of the Minnesota River and guide individuals and groups as to what can be done to change perceptions and actions that will im::rove water quality. At this event we wish to E. ive away 3 . 2 beer, we are asking your permission to do so . Your timely consideration of this matter is annreciated. In closing I would invite the City of Shakopee to join the SCCMR in our quest of a clean ? '-nnesota River , group membership is 5100 . 00 and the cities of Chaska and New Ulm have joined and offered support , yours would be the 32th me-ber of groups that have committed SCOTT SPARLIN to this important resource . COORDINATOR PO BOX 488 �', NEW ULM, MN c 5 6 0 7 3 S'� _,�� 507 / 359 - 2346 t �- .-arll._