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10/04/1994
{ MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 30, 1994 1 . Attached is correspondence from the City Attorney to Mr. Spurrier regarding OSM response to his letter. 2 . Attached are the results of the September 13, 1994 Primary Election. 3 . Attached is correspondence from the Assistant City Administrator to Ms . Peggy Kling regarding concerns as they relate to the Women' s Volleyball program in Shakopee. 4 . Attached are the unapproved minutes of the Sept . 22, 1994 meeting of the Board of Adjustment and Appeals and Planning Commission. 5 . Attached are the agendas for the Oct . 6, 1994 meetings of the Board of Adjustment & Appeals and the Planning Commission. 6 . Attached is the Police Newsletter for Council review. 7 . Attached is the October Business Update from City Hall . 8 . Attached are the September 21, 1994 minutes of the Community Development Commission. September 21 1994 Mr. H. R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 Dear Mr. Spurrier: The City has received a response from OSM regarding your August 9, 1994, letter. I believe you were copied on it; if you did not receive a copy, please let me know and I will provide one . As I understand your issues, you are concerned (1) that the flood profile for the drainageway extends beyond the limits of the drainage easement; and (2) that the drainageway is subject to erosion. The first issue, the flood profile, is unanswered at this time. The drainageway was designed to contain the stormwater, and as far as staff knows, the drainageway was built as designed. We are hiring a consultant to survey a portion of the drainageway to check this. The second issue, erosion, is answered in OSM' s July 5, 1994, letter. Since construction of the drainageway is not complete, we anticipate some erosion will occur. Erosion should be minimal upon completion of the project . I will let you know what we learn from the surveys . Sincerely, Karen Marty(1 City Attorney KEM:bjm (19MEMO] cc : Mayor Laurent Members of the City Council: Mr. Kraft Mr. Nummer Mr. Willenbring 44 CITY OF SHAKOPEE SEPTEMBER 13, 1994 PRIMARY ELECTION Precincts 1 2 3 4 5 TOTAL Registered Voters 1144 1058 1867 2002 1246 7317 Voters 479 444 574 693 455 2645 % of Registered Voters Voting 42% 42% 31% 35% 36% 36% THIRD COMMISSIONER DISTRICT FOUR YEAR TERM BANNERMAN 112 116 196 234 128 786 FOSLID 208 180 186 202 152 928 NORRING 17 19 28 33 48 145 VIERLING 127 115 140 181 110 673 43 SHAKOPEE September 21, 1994 Ms. Peggy Kling 725 Scott Street Shakopee, MN 55379 Dear Ms. Kling: I want to thank you for the opportunity to discuss the various concerns that were expressed with respect to the City's roles and responsibilities as they relate to the Women's Volleyball program in Shakopee. I felt the meeting was very informative and will hopefully serve as a starting point for improved communications between the City and your organization. Sherry Dvorak has been assigned as the staff person responsible for providing administrative services to the Women's Volleyball League. If you have any questions regarding facilities, schedules, standings, rosters, etc. please contact Sherry directly at 445-3650. I am confident that Sherry will respond to your concerns in a timely manner. Sherry will also serve as liaison between your organization and Community Education and the School District. The City of Shakopee presently collects a $160.00 fee from each participating Volleyball Team. An Additional $10.00 Non-Resident fee for all players not living or working in Shakopee is also collected. The City of Shakopee retains 100% of the fees collected. The fees collected by the City are used to offset costs associated with providing support services not only to your organization but other programs within the City. At this point, it is important to note that the City of Shakopee and the Shakopee School District have a facility sharing agreement. The agreement basically specifies that the City of Shakopee has first right to reserve indoor school facilities for City recreation programs. These facilities are provided free of charge to the City. In turn, the Shakopee School District has first right to reserve outdoor athletic facilities owned and managed by the City of Shakopee. These facilities are likewise provided free of charge to the School District. Following is a brief summary of the services that the Recreation Department will provide to your organization: 1. Reservation of School facilities. 2. Attendance at League meetings. 3. Mailing of Pre-season meeting notices to all Managers. 4. Publicizing meetings in Recreation brochure and Valley News Leisure Ledger. 5. Prepare team schedule and provide copies to each team Manager. 6. Arrange for posting league standings in the weekly newspaper. 7. Answer questions from callers wanting information on the league. 8. Retain copies of past rosters and schedules. COMMUNITY PRIDEblNCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 The aforementioned listing is not all inclusive. The Recreation Department may be able to provide other services to your organization upon request. For example, safety issues should be immediately reported to Sherry Dvorak so that the appropriate contact can be made at the School District or Community Education Office to remedy the problem in a timely period. Shown in Attachment#1 is a list of concerns that were raised at our meeting last evening. Ms. Dvorak is presently following up on each of these issues and will be in contact with you in the near future to present her findings. I would like to briefly share with your league members the duties and responsibilities that have been assigned to various individuals within the Recreation Department. Shown in Attachment #2 is a listing of the programs and responsibilities assigned to Mark McQuillan and Sherry Dvorak. This should hopefully give your members an idea of the work demands and expectations currently being placed on Recreation Department staff. I have personally made a commitment to insure the communications between all leagues and Recreation Department staff is improved. The Shakopee Park and Recreation Advisory Board also supports our efforts to improve relationships between the City and all recreation program participants. If you feel that concerns are not properly being resolved, I would request that you call me at 445-3650. In Attachment #3 I have also included a list of the current Shakopee Park & Recreation Advisory members and their telephone numbers. I would like you to share the information contained herein with your league members at your meeting next week. Hopefully this will give everyone a greater understanding of the services currently being provided by the City and where revenues generated from the Volleyball League are being expended. I look forward to working with you and your members now and in the future. Please contact Sherry to arrange another meeting prior to League play if you feel it would be of value. Sincerely, Barry A: Stock Assistant City Administrator/ Community Services Director CC: Shakopee Park & Recreation Advisory Board Shakopee City Council • Mark McQuillan Sherry Dvorak BAS/tiv Attachment #1 1. Attempt to identify Volleyball Refs - Power League 2. Determine Availability - Referee Stands - Power League 3. Determine Availability - Coat Rack- Both Leages 4. Determine Availability - Chair or ladder - Both Leagues 5. Determine Working Condition - Standard Connections - Both Leagues - Repair if necessary. 6. Place Floor Mop in Equipment Room —Both Leagues 7. Storage Room Cleanliness 8. Have original Volleyball Standards returned to proper site. 9. Wall Bolt attachment - Determine working condition - Both Leagues - Repair if necessary. 10. Determine status of league in absence of a President - Power League 11. Attempt to ensure that floors are swept prior to play. 12. Attempt to ensure that floor sockets are clean prior to play. Attachment 12 Recreation Department Assigned Duties and Responsibilies Mark Mcquillan Mens Volleyball Youth Football Program Youth Baseball Program Mens Softball Mens Basketball Park Development Grant Application Development/Submittal/Follow-up Field Maintenance Playground Maintenance Playground Equipment Acquisition and Replacement Shakopee Showcase Skating Rinks Sherry Dvorak Womens Volleyball Womens Softball Gymnastics Summer Playground Programs/Activities Soccer T-Ball Swimming Pool Tennis Ski Club Youth Basketball Youth Softball Youth Volleyball Attachment #3 • • January 1994 PARK & RECREATION ADVISORY BOARD 7 members TERM EXPIRES NAME & ADDRESS PHONE APPOINTED 1/31/96 Dolores Lebens 445-1532 h 7/90 538 West 4th Avenue Shakopee, MN 55379 1/31/96 Paul TenEyck 445-5473 h 7/90 1133 Quincy Street Shakopee, MN 55379 1/31/97 Paulette Rislund 445-3084 7/90 503 Hillwood Drive Shakopee, MN 55379 1/31/97 Anne Seifert 445-0633 h 1/91 738 Scott Shakopee, MN 55379 1/31/95 Robert Tomczik 496-2774 h 7/90 1232 Monroe Street Shakopee, MN 55379 1/31/95 Steve Johnson 445-5346 h 7/90 2134 Bridge Crossing Shakopee, MN 55379 1/31/96 John Tieben Sr. 496-1521 h 9/92 1008 South Fuller Shakopee, MN 55379 .. a 01—/ OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Special Session Shakopee, Minnesota September 22, 1994 MEMBERS PRESENT: Madigan, Mars, Link, Joos, & Bladow MEMBERS ABSENT: Christensen & DuBois STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Sandbeck, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. H. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF SEPTEMBER 8. 1994. MEETING MINUTES The meeting minutes were approved as presented with Comm. Joos abstaining from the motion due to his absence from that meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. 7:30 PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A 8.5 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD SETBACK REQUIREMENT IN ORDER TO PLAT A RESIDENTIAL LOT CONTAINING AN EXISTING STRUCTURE ON THE PROPERTY LOCATED AT 447 MARKET STREET SOUTH. - JEFF MONNENS - RESOLUTION NO. PC-696 Chrmn. Mars opened the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that Jeff Monnens is proposing to plat three lots for residential development. The proposed Lot 1, Block 1 contains an existing single family residence that is located only 21.5 feet from the front lot line. In order to plat Minutes of the Page - Shakopee Planning Commission September 22, 1994 the site as proposed, an 8.5 foot variance would be necessary. She added that both the Preliminary and Final Plats for this site would be considered by the Planning Commission later this evening. She went on to say that the structure was built in 1918, when there were no setback or Zoning Ordinance requirements. The front yard setback requirement of 30 feet was not adopted until 1952. She added that there are numerous structures located closer than the 30 foot front yard setback which were built prior to the adoption of this requirement. She stated that the proposed lot pattern meets all other ordinance requirements, and fits within the neighborhood pattern. She said that staff is recommending approval of this variance request. Jeff Monnens, 447 South Market, Shakopee, approached the podium. He stated that he had no comments regarding the request, but offered to answer any questions from the Board. There were none. Motion: Comm. Joos/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Joos/Bladow offered a motion to request staff to prepare Variance Resolution No. PC-696, a Resolution Approving an 8.5 Foot Variance to Section 11.26, Subd. 5.B, the Minimum Front Yard Setback of 30 feet, after the recording of the proposed plat for the site. Vote: Motion carried unanimously. VI. OTHER BUSINESS There was no other business to be discussed. VII. ADJOURNMENT The meeting adjourned at 7:35 p.m. {BO .922} OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Special Session Shakopee, Minnesota September 22, 1994 MEMBERS PRESENT: Madigan, Mars, Joos, Bladow, & Link MEMBERS ABSENT: Christensen, DuBois STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Sandbeck, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Joos called the meeting to order at 7:35 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE SEPTEMBER 8. 1994. MEETING MINUTES The minutes of the September 8, 1994, meeting were approved as presented, with Chrmn. Joos abstaining from the vote due to his absence from that meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA The following Agenda Items were removed from the Consent Agenda: 1. Agenda Item 7, The Final Plat for The Meadows West Addition; and 2. Agenda Item 10, The Final Plat for the Prairie Bend Planned Unit Development. There were no other items on the Consent Agenda. VI. 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 - GOLD NUGGET DEVELOPMENT. INC. Chrmn. Joos opened the public hearing regarding the above entitled matter. • Minutes of the Page - 2 Shakopee Planning Commission September 22, 1994 The Asst. City Planner provided a brief summary regarding this matter. She stated that at the September 8th meeting, the Planning Commission continued the public hearing to allow time for the applicant to resolve the stormwater issues. She stated that the required ponding areas have been identified, and the size and location of the drainage easements which will contain the ponds have been determined. The revisions proposed by the applicant have resulted in a reduction of 3 lots (158 - 3 = 155 lots being proposed), and both the plat drawing and the grading plans have been revised to reflect these changes. She added that staff is recommending approval of the Preliminary Plat, subject to the conditions discussed in the staff report. Mr. Horst Graser, 3715 Island View Circle, Prior Lake, approached the podium. He stated that he, along with Paul Churney and Teresa Hagland of Pioneer Engineering, were at the meeting to represent the applicant, Gold Nugget Development, Inc. Mr. Graser provided a brief summary of the stormwater drainage issues. He added that they had concerns regarding the wording of recommended condition no. 3.A, regarding Outlot A, and recommended condition no. 2.B (7), regarding the requirement to construct an 8 foot wide trail between to connect the proposed trail within the subdivision to the existing trail along the northern side of the Upper Valley Drainageway and Trail. Discussion on these recommendations took place. The Upper Valley Drainageway is located along the northern portion of the proposed plat. This drainage and utility corridor is 120 feet in width and contains the VIP sewer main. A trail is located along the northern portion of the drainageway. The developer is proposing three 16 foot wide pedestrian easements between the lots to provide access to the trail system. A condition was recommended requiring the developer to install an 8 foot wide path within the proposed pedestrian access easement between Lots 16 and 17, Block 3; Lots 9 and 10, Block 4; and Lots 10 and 11 in Block 6. Staff also recommended that the remaining pedestrian easement on each side of the trail within the easement must be landscaped by the developer to provide screening for the adjacent homeowners. Mr. Graser stated that the developer was requesting a credit to the Park Dedication Requirement for the dedication of the pedestrian easement, the construction of the eight (8) foot wide trail, and the screening of the trail from the adjacent homeowners. Discussion on the methods of constructing trails to connect proposed trails within developments to the existing trail within the drainageway took place. Due to the steep grade, flooding potential of the ditch, maintenance requirements due to flooding, as well as the requirements of the American Disabilities Act (ADA), it may be best to have the City construct the connecting trails. However, since these connection trails will primarily serve the future residents of this development, staff stated that it may be appropriate to view them as public improvements (much the same as we view sidewalks), and require the developer to construct them. Staff generated the following alternatives to help address this issue: of the Page - 3 Minutes Shakopee Planning Commission September 22, 1994 1. Do not approve a credit to the Parkland Dedication requirement, and require the developer to construct the trail connections; 2. Approve a credit to the Parkland Dedication requirement, and require the developer to construct the trail connections; 3. Require the developer provide a letter of credit or a bond to cover the costs, and have the City construct the connecting trails; or 4. Do not require either the developer nor the City to construct the trail connections. The Planning Commission deferred their decision regarding this issue to the City Council because they felt it was a policy issue. Motion: Comm. Madigan/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Bladow offered a motion to recommend to the City Council the approval of the Preliminary Plat for the Meadows West, subject to the following conditions: 1. Prior to the approval of the Final Plat for the first phase of the development by the City Council, the developer shall submit the following to the City: A. Revised Preliminary and Final Plat drawing: The developer shall submit revised Final Plat drawings which provide street names in conformance with the City's street naming policies. In addition, the following street name revisions must be provided: 1) The proposed Whitney Avenue should be renamed to Whitney Street. 2) The cul-de-sac called Bluestem Court shall be changed to Foxglove Court. 3) The name of the cul-de-sac adjacent to Foxglove Lane, and located in the east portion of the plat, shall be changed to a name that is less similar to Foxglove Lane. B. Noise Analysis: Due to the close proximity of the proposed plat to the southerly bypass, the developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency (MPCA). If it is determined that any of the lots would be in Minutes of the Page - 4 Shakopee Planning Commission September 22, 1994 violation of these standards, the developer shall provide the necessary mitigation(berms, sound barriers, climate control, etc.) to bring those structures into compliance with the MPCA requirements. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the first phase of the development: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required public improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250 per sign pole (14 x $250 = $3,500.00). 6) Installation of a 5 foot wide sidewalk along the west boundary of the plat (within the MNDOT right-of-way along the east side of CR 77), and along the east boundary of the plat (within the county right-of-way along the west side of CR 79). If it is determined that the Scott Hennepin Trail system is to be located on the west side of CR 79, the sidewalk required in this area will not be necessary. 7) Construction of an 8 foot wide trial within the proposed pedestrian access easements within Block 3, Block 4, and Block 6. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. 8) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. 9) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. Minutes of the Page - 5 Shakopee Planning Commission September 22, 1994 10) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. C. The developer shall provide a recordable agreement which dedicates three 16 foot wide pedestrian access easements located in the following areas: 1) Between Lots 16 and 17 in Block 3; 2) Between Lots 9 and 10 in Block 4; and Between Lots 10 and 11 in Block 6. D. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. E. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 3. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: A. The applicant shall submit verification that the ownership of Outlot A has been transferred to the owner of the adjacent property to the south, with the intent that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. 4. Approval of the Preliminary Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 5. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the approval of any Building Permits. B. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Vote: Motion carried unanimously. Minutes of the Page - 6 September 22, 1994 Shakopee Planning Commission VII. FINAL PLAT: TO CONSIDER THE�AL EASTPLAT OF OF CR 77.E MEADOWS THE ADDITION. LOCATED WEST OF C UPPER VALLEY DRAINAGEWAY - GOLD NUGGET DEVELOPMENT. INC. Chrmn. Joos opened the public hearing regarding this matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the Gold Nugget Development is requesting approval of the Final Plat for the Meadows West, 1st Addition. At the September meeting, the Planning Commission continued the public hearing regarding the Preliminary Plat to allow time for the applicant to resolve the stormwater issues. The proposed Final Plat for the 1st Addition is in substantial conformance with the Preliminary Plat. She added that since this phase would result in an overlength cul-de-sac, the applicant79 from has requested and received approval for a 37 foot wide temporary access to the Scott County Highway Department. This temporary access would be located along the lot line between Lot 9 and Lot 10 in Block 3. Due to the phasing of the development, staff is in support of this option until such time that a permanent access can be constructed that would correct the overlength cul-de-sac issue. She stated that staff is recommending approval of the Final Plat for the first addition, subject to the conditions discussed in the staff report. Motion: Comm. Madigan/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Madigan Bladow offered a Plat for the Meadows Westion to t 1st Addition, to the City Council the approval of th subject to the following conditions: 1. Prior to the approval of the Final Plat for the first phase of the development by the City Council, the developer shall submit the following to the City: A. Revised Preliminary and Final Plat drawing: The developer shall submit revised Final Plat drawings which provide street names in conformance with the City's street naming policies. In addition, the following street name revisions must be provided: 1) The proposed Whitney Avenue should be renamed to Whitney Street. 2) The cul-de-sac called Bluestem Court shall be changed to Foxglove Court. Minutes of the Page - 7 Shakopee Planning Commission September 22, 1994 3) The name of the cul-de-sac adjacent to Foxglove Lane, and located in the east portion of the plat, shall be changed to a name that is less similar to Foxglove Lane. B. Noise Analysis: Due to the close proximity of the proposed plat to the southerly bypass, the developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency (MPCA). If it is determined that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation (berms, sound barriers, climate control, etc.) to bring those structures into compliance with the MPCA requirements. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the first phase of the development: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required public improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250 per sign pole (14 x $250 = $3,500.00). 6) Installation of a 5 foot wide sidewalk along the west boundary of the plat (within the MNDOT right-of-way along the east side of CR 77), and along the east boundary of the plat (within the county right-of-way along the west side of CR 79). If it is determined that the Scott Hennepin Trail system is to be located on the west side of CR 79, the sidewalk required in this area will not be necessary. 7) Construction of an 8 foot wide trial within the proposed pedestrian access easements within Block 3, Block 4, and Block 6. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. Minutes of the Page 8 Shakopee Planning Commission September 22, 1994 8) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. 9) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 10) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate fmancial guarantees to ensure compliance within the one year time frame. C. The developer shall provide a recordable agreement which dedicates three 16 foot wide pedestrian access easements located: 1) Between Lots 16 and 17 in Block 3; 2) Between Lots 9 and 10 in Block 4; and Between Lots 10 and 11 in Block 6. D. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. E. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 3. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: A. The applicant shall submit verification that the ownership of Outlot A has been transferred to the owner of the adjacent property to the south, with the intent that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. 4. Approval of the Preliminary Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 5. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: A. The applicant shall submit verification that the Minnesota Pollution Control Agency approved the NPDES Stormwater Permit for the proposed subdivision prior to approval of any Building Permits. Minutes of the Page - 9 Shakopee Planning Commission September 22, 1994 B. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. The Planning Commission again deferred their decision regarding this issue to the City Council because they felt it was a financial policy issue. Vote: Motion carried unanimously. VIII. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY AND FINAL PLAT FOR MONNENS 1ST ADDITION. LYING EAST OF MARKET STREET AND NORTH OF THE 5TH AVENUE AND MARKET STREET INTERSECTION. - JEFF MONNENS. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Asst. City Planner provided a brief summary regarding this matter. She stated that Jeff Monnens has submitted applications for approval of both the Preliminary and Final Plat for Monnens First Addition. The applicant is proposing to plat three lots for residential development. She added that the applicant received approval for a plat named Monnens' Addition in June, and that this plat is located south of the subject site, and it contains two residential lots. Due to the similar names, staff is recommending a condition requiring that the applicant change the name of this subdivision to something less similar to the other plat. She stated that staff is recommending approval of both the Preliminary and Final plats, subject to the conditions discussed in the staff report. Jeff Monnens, 447 South Market, Shakopee, approached the podium. He added that he is also requesting permission to defer the Park Dedication requirements to the time of the Building Permits for each of the three lots. Motion: Comm. Madigan/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Link/Bladow offered a motion to recommend to the City Council the approval of the Preliminary and Final Plats for Monnens First Addition, subject to the following conditions: Minutes of the Page - 10 Shakopee Planning Commission September 22, 1994 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of recordable agreement(s) for the following items: 1) Cash payment in lieu of park dedication shall be required. 2) A permit for work in the right-of-way is hereby approved to allow City utility services to be provided to the lots. 3) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. C. The applicant shall change the proposed name of the plat to something other than "Monnens First Addition". Staff will verify that the name chosen by the applicant is not similar to the name of an existing subdivision. D. The existing detached accessory structure located on Lot 2 which does not meet the 10 foot side yard setback requirement, shall be removed from the site. E. Twin homes will require separate utility connections. If the applicant develops the lots with twin homes, the sites must be identified prior to installation of utilities. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of a Building Permit for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Vote: Motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR ORCHARD PARK. LOCATED EAST OF CR 77 AND NORTH OF THE TH 101 BYPASS. - LAURENT BUILDERS. Chrmn. Joos opened the public hearing regarding the above entitled matter. Minutes of the Page - 11 Shakopee Planning Commission September 22, 1994 The Senior Planner provided a brief summary regarding this matter. He stated that Laurent Builders had submitted an application for approval of the preliminary plat for Orchard Park and that the 31.9 acre subdivision was currently in the process of being annexed to the City from Jackson Township. He further explained that the property is expected to be zoned R-2 (Urban Residential) after the property is annexed. The Senior Planner stated that the developer was requesting that the City's standard practice of restricting twin homes to no more than 10% of the lots be waived but that staff had included the condition in its recommendation to be consistent with past practice. The Senior Planner further stated that this subdivision is under relatively unique conditions because of large utility easements that make it very difficult to achieve the City's density targets for the area without the use of twin homes. Mr. Gary Laurent, 2415 Lakeview Drive, approached the podium. He stated that he agreed with staff's statement that it is difficult to achieve planned densities due to the large power line easement, gas line easement and drainage easements on the property. He indicated that as proposed, the subdivision would contain 58 single family lots and 28 twin home lots. He indicated that the location of twin homes along the Bypass was also in accordance with the types of development the City has previously located along the Shakopee Bypass. Chairmn. Joos asked the applicant whether he was planning to build his twin homes to a different construction standard in order to mitigate the sound of the Bypass. Mr. Laurent responded that he was anticipating needing to extend the MNDOT berm westward and would do whatever else he was required to do. The Planning Director responded that generally it is preferable to provide sound buffering at the property line rather than in the building construction so that sound mitigation occurs when the residents are outside of their homes as well. Motion: Comm. Link/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Link/Mars offered a motion to recommend to the City Council the approval of the Preliminary Plat for Orchard Park, subject to the following conditions: 1. The developer shall enter into an access agreement so that no permanent access may be taken from County Road 77. Access rights shall be limited by dedicating to the City the access rights in an access agreement. 2. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. Minutes of the Page - 12 Shakopee Planning Commission September 22, 1994 3. The developer shall install necessary improvements along the southern edge of the plat, abutting the bypass as required by ordinance, based upon the information regarding noise impacts from MN DOT. 4. No final plats may be approved for any portion of this subdivision until such time as the property has been annexed and rezoned to R-2 or an equivalent zoning district. 5. Approval of the title opinion by the City Attorney. 6. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer systems shall be in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paidprior to the release of each principal structure building permit. h. Prior to approval of the final plat, final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. j. Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77. 7. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. Minutes of the Page - 13 Shakopee Planning Commission September 22, 1994 8. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 9. Lot 12 in Block 2 shall be replatted into adjacent lot(s) to eliminate a landlocked parcel prior to final plat approval of the area that contains this lot. 10. The developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency (MPCA). If it is determined that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation (berms, sound barriers, climate control, etc.) to bring those structures into compliance with the MPCA requirements. 11. When final platted, all lots will be brought into conformance with the City's minimum lot width requirements. Vote: Motion carried unanimously. X. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF THE PRAIRIE BEND PLANNED UNIT DEVELOPMENT. LOCATED SOUTH OF 4TH AVENUE AND WEST AND SOUTH OF THE KNIGHTS OF COLUMBUS HALL. - SIENNA CORPORATION. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Senior Planner provided a brief summary regarding this matter. He stated that this plat was in substantial conformance with the previously approved preliminary plat. Chrmn. Joos asked if anyone in the audience would like to speak to this matter. Mr. James Johnston, Sienna Corporation, stated that some members of the Knights of Columbus (KC) had expressed concerns about the lack of buffering between their hall and the proposed single family homes. Mr. Johnston stated that he and the KC members had discussed this issue and that Sienna was planning on providing sufficient buffering to meet their concerns. Motion: Comm. Link/Madigan offered a motion to recommend to the City Council the approval of the Final Plat for Prairie Bend First Addition, subject to the following conditions: 1. Satisfy the conditions placed on the site during the preliminary plat and Planned Unit Development (PUD) approval processes. Minutes of the Page - 14 Shakopee Planning Commission September 22, 1994 2. A signature block for the Chair of the Planning Commission should be added. 3. The signature block identified as "Manager" will be changed to read "City Clerk." 4. Approval of title opinion by the City Attorney. 5. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. f. The applicant shall construct an 8' bituminous trail within Outlot B & F, as designated in the preliminary plat and the trail connections identified on the preliminary plat. g. The applicant shall be responsible for the costs of construction of sidewalk and trails as shown on the approved Planned Unit Development. 6. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 8. Prior to the recording of the final plat, Outlot C should be dedicated to the City for park purposes. 9. Prior to the recording of the final plat, Outlots B and F should be dedicated to the City. Vote: Motion carried unanimously. Minutes of the Page - 15 Shakopee Planning Commission September 22, 1994 XI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO SECTION 11.29 OF THE SHAKOPEE CITY CODE TO AMEND THE PERFORMANCE STANDARDS FOR RETAIL CENTERS IN THE HIGHWAY BUSINESS(B-1)DISTRICT.-CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Senior Planner provided a brief summary regarding this matter. He stated that in August, the Planning Commission directed staff to prepare amendments to the new zoning ordinance that would improve the quality of major new commercial developments, particularly since this type of development was anticipated at a the high visibility location of Marschall Road and the Bypass. He indicated that the text for the amendment had recently been prepared by the City Attorney and was located on the table. Motion: Comm. Madigan/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Bladow/Madigan offered a motion recommending to the City Council the approval of the proposed Zoning Ordinance text changes as written by the City Attorney and handed out on the table prior to the meeting. Vote; Motion carried unanimously. XII. PUBLIC HEARING: TO CONSIDER AMENDING THE STORMWATER MANAGEMENT PLAN IN THE COMPREHENSIVE PLAN -CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director provided an overview of the Comprehensive Plan process and how the Stormwater Management Plan fits into the process. He stated that the plan addressed water resource issues for the ultimate development of the City, as well as portions of township areas to the south. He noted that the township areas were included in the stormwater planning study area because in the long term (50 years or greater) the areas could become part of the City as the areas urbanize. He also noted that the stormwater from the township areas flow into the City and need to be coordinated into the study. Mr. Ekola noted that the long term study for stormwater management included a summary document which is intended to be inserted into the City's Comprehensive Plan, similar to the Sanitary Sewer planning process. Minutes of the Page - 16 Shakopee Planning Commission September 22, 1994 Mr. Pete Willenbring was introduced as the representative from Orr-Schelen Mageron Associates, Inc. (OSM), the consulting firm preparing the stormwater plans. Mr. Willenbring provided an overview on the long term study. He noted that there are numerous agencies involved with water management at the local, regional, state, and federal level. One of the primary reasons for preparing the plan was to condense the various requirements into one set of consistent policies and requirements which can be more effectively administered at the local level. The plan also was prepared to meet the state law requirements established by the Metropolitan Surface Water Act. Chairman Joos questioned why the stormwater map did not include information on the urban portion of the City. Mr. Willenbring noted that the plan document did address urban stormwater issues in greater detail. He also stated that the topographic or contour information was not available for the urban area of the map. Norbert Thies, Jackson Township Board Chair, questioned if the Stormwater Management Plan addressed drainage coming in from the township. He noted that a plan had been developed for the township 18 years earlier and questioned if it had been used in this study. Mr. Willenbring stated that the plan was used as a guideline in developing the City's Plan. Mr. Thies questioned why some ponds were being eliminated, such as the ponds near Lion's Park. Mr. Willenbring noted that the ponds were not being eliminated. Mr. Jon Albinson, 5240 Industrial Boulevard South, asked for more input on the wetlands overlay conceptual enforcement of the stormwater requirements. Mr. Ekola noted that the wetlands overlay regulations could be similar to those for the Floodplain or Shoreland Districts, but they would need further development. The enforcement aspects also need more attention in the future. Mr. Willenbring provided additional background on how the plan was developed. Mr. Ekola noted the letter placed on the table from Trout Unlimited on Eagle Creek. A letter responding to Trout Unlimited's concerns from OSM was reviewed by Mr. Willenbring. Further discussion took place on the effectiveness of treatment ponds in the floodplain, state law requirements, groundwater issues, and regional ponding concepts. Minutes of the Page - 17 Shakopee Planning Commission September 22, 1994 Mr. Stan Ellison, Land Use Planner for the Shakopee Mdewakanton Dakota Community, addressed the Planning Commission. He congratulated the City for their efforts and expressed a desire to work jointly with the City on stormwater planning. Motion: Comm. Link Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Bladow/Link offered a motion to recommend approval of the Comprehensive Stormwater Management Plan and move its approval. Vote: Motion carried unanimously. XIII. DISCUSSION: Chrmn. Joos opened the floor for discussion regarding the Comprehensive Plan - Land Use Categories. The Senior Planner stated that the staff is intending to propose land uses that were largely in line with the BRW plan but differed slightly. All residential land uses and densities were proposed to remain the same, but the Heavy Commercial and Business Park designations were to be eliminated. The staff also proposed the addition of an Office land use category. The Senior Planner then provided a brief overview of the Comprehensive Planning Process status and stated that based on the concerns raised by the Planning Commission in August, staff was working to create a market niche development strategy for the major commercial areas in town. These areas included having the Downtown fill a specialty retail/entertainment niche. The area at the intersection of CR 17 and the Bypass was identified for City-wide retail. This type of retail would likely be based on shopping centers of 125,000-200,000 square feet with a likely anchor being a grocery store. Staff expressed some degree of concern that there may be an excess amount of commercially planned property in this area and that some of the planned sites appear to be too small to support many viable, high quality businesses. Chrmn. Joos expressed concern with the impact of the CR 18/East Dean Lake area and the effect that commercial development could have at that location. The Senior Planner indicated that this area fulfills another market niche--regional commercial. The service area for developments in this area would likely be across many communities and would not necessarily have a negative impact on any of the other commercial areas in the City. This area could support anything from a power center with an anchors like Target, WalMart, and Best Buy up to a regional mall facility in excess of 800,000 square feet. Minutes of the Page - 18 Shakopee Planning Commission September 22, 1994 He further indicated that the commercial development of this area would likely not be immediate and should be carefully phased and regulated through zoning. The Senior Planner indicated that it was unlikely this area would compete with CR 17/Bypass because a grocery store would view the CR 17 location to be superior due to its proximity to the Shakopee population base. He indicated the primary area of concern for Downtown would be if restaurants and nightclubs were allowed to develop unchecked in the CR 18 location rather than in the Downtown since these uses have been identified as important for revitalization efforts. The Senior Planner indicated possible restudy areas in the northeast corner of the City because it would be difficult for these areas to be planned in advance of the changes that will occur with the new highways. XIV. OTHER BUSINESS A. Schedule of Upcoming Meetings. The Planning Commission scheduled the following meetings in order to complete the Comprehensive Plan process: October 6, 1994 (Regular): Transportation Element. October 20, 1994 (Special): Commercial / Industrial Land Use Alternatives. November 3, 1994 (Regular): Residential Phasing. November 10, 1994 (Special): Open Planning Commission Public Hearing on Comprehensive Plan Update. XV. ADJOURNMENT The meeting adjourned at approximately 10:13 p.m. {TE .922} TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN October 6, 1994 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of September 22, 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 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 Adjourned Regular Session Shakopee, MN October 6, 1994 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the September 22 , 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 Development Plan and Preliminary Plat for the Minnesota Valley Health Campus PUD, located east of County Road 17 (Marschall Road) and south of the future TH 101 Bypass. Applicant: St. Francis Regional Medical Center (SFRMC) 7 . 7 : 35 P.M. PUBLIC HEARING: To consider the Preliminary and Final Development Plans for the West View Seventh Addition PUD, located at 602 - 612 Jackson street. Applicant: Darrell Bahnsen, Jerry Enns, & Paul Harder 8 . 7 : 40 P.M. PUBLIC HEARING: To consider an amendment to the Conditional Use Permit, Resolution No. 638, to install fencing and asphalt paving, located at 550 Valley Park Drive. Applicant: Jack Brambilla 9 . 7 : 45 P.M. PUBLIC HEARING: To consider an application for a Zoning Map Amendment to rezone four parcels from RTD to I-1, located approximately 1000 feet east of Shenandoah Street and south of 4th Avenue. Applicant: OneComm Corporation 10. 7 : 50 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to install a cellular telephone antenna facility, located at 2914 4th Avenue East. Applicant: OneComm Corporation 11. 7 : 55 P.M. Public Hearing: To consider an application for a Conditional Use Permit to locate a modular office on the property located at 4908 Valley Industrial Boulevard North. Applicant: Northstar Auto Auction 12 . 8 : 00 P.M. Public Hearing Continued: 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 13 . Discussion: Conceptual Plans for Valley Fair PUD 14 . Review: Fischer Aggregates, Inc. 15. Discussion: Transportation Plan 16. Other Business A. B. 17 . Adjourn Lindberg S. Ekola Planning Director NOTE TO PLANNING MEMBERS: I. If you have any questions or need additional information on any of the above items, please call Terrie 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. 0-- 7 BUSINESS UPDATE FROM CITY HALL Vol. 8 No. 10 Dear Chamber Member: October 1, 1994 Administration City Clerk Advertising to fill the Public Works Director position is On September 6th, City Council approved a premises currently underway. The position application deadline permit for pull-tabs at Canterbury Inn for the Prior is scheduled for October . Interviews are expected to Lake Lions Club. be conducted during the first week of November. Staff is optimistic that the position will be filled immediately On September 20th, City Council approved a premises thereafter and that the successful candidate will begin permit for pull-tabs at the Eagles Club for the Hockey employment some time in early December. ' Association; and, approved an assessment agreement with Scott County for 1995. The Shakopee HRA is currently in the process of selecting a real estate firm to market the Stans house. The HRA has established that the property will be sold Community Development to a low to moderate income family who is also a first time home buyer. Staff expects that a realtor will be On September 26, 1994 the City of Shakopee in selected in early October and the property will be listed cooperation with Southwest Metro Transit Commission immediately thereafter. Staff is optimistic that the initiated a new shuttle bus service from Shakopee to property will be sold within the next 60 days. Eden Prairie Center. The new transit service will allow Shakopee residents to obtain direct express In early September, the Shakopee City Council directed service to Eden Prairie Center and Downtown the appropriate City officials to utilize a professional Minneapolis. Transit service can also be obtained to evaluation firm to conduct a due diligence on Lifetime other locations by transferring at the Eden Prairie Fitness. Lifetime Fitness is being considered as the Transit Hub. The new service also provides for a firm to utilize to prepare a preliminary design plan for reverse commute option for persons living outside of the Shakopee Community Center. The due diligence is Shakopee who may want to travel to our community expected to be complete by October 1st. The Shakopee for either work or pleasure. City Council is expected to make a decision with respect to whether or not we should proceed with Lifetime Fitness of their October 4, 1994 meeting. If Park and Recreation Council approves moving forward at this time, staff expects that preliminary design plans, construction cost estimates, market analysis and operating proformas On Monday, September 26, 1994 the Shakopee Park will be complete by Thanksgiving. and Recreation Advisory Board reviewed a preliminary development design plan for improvements to the Huber Park area. Initial plans call for improving the river boat launch at Huber Park and providing parking for vehicles and trailers. Preliminary plans also call for the development of storm drainage detention ponds which will divert storm water from directly discharging into the Minnesota River. The final design concepts will be presented to City Council for further consideration at their first meeting in November. Planning Public Works/Engineering PC Meeting 8-11-94 Rahr Malting Co. CUP:130' Structure Approved The Downtown Streetscape Project on 1st Avenue is progressing smoothly. The contractor plans on having Other Items Before the Planning Commission all sidewalk, paving and brick work completed by mid 1994 Conip. Plan Land Use Strategies Discussion October. Hwy Commercial Development Stand. Consensus for Support Construction is underway on Vierling Drive west of County Road 15 to Presidential Lane, and the 1994 PC Meeting 9-08-94 Sidewalk Replacement Program which includes the The Meadows West Preliminary Plat Continued installation of new sidewalk on the East side of to 9/22 Marschall Road from 4th Avenue to 10th Avenue and Monnens First Addn. Preliminary Plat Continued the installation of handicap ramps throughout the City to 9/22 to comply with the new American Disabilities Act Monnens First Addn. Final Plat Continued Requirements. to 9/22 Zoning Text Amend. Mining Hours Continued Staff is also working with the contractors to complete to 9/22 work on the 101 Drainage Project (Upper Valley) and Comp. Plan Amend. Stormwater Mgmt. Continued the 11th Avenue Storm Sewer project. to 9/22 Comp. Plan Amend. Sanitary Sewer Plan R e c . The Public Works/SPUC parking lot construction is Approval completed except for some minor items. This was a The Meadows 9th Surveyor's Correction much needed improvement that staff feels enhances the Rec. Approval Public Works and SPUC buildings. St. Francis Site Plan Concept Discussion Other Items Before the Planning Commission Set Special Planning Commission Meeting September 22, 1994 Vote November 8th Police Polls are open 7 am to 8 pm. NOTE: Every employee who is eligible to vote in an election has Last month two St. Paul Police Officers, Ron Ryan Jr. the right to be absent from work for the purpose and Tim Jones, were killed in the line of duty. of voting during the morning of the day of that Shakopee officers were present to pay their respects at election, without penalty or deduction from salary both funerals. or wages because of the absence (for a regularly scheduled state primary or general election). Shakopee Police Officers have been issued pocket recorders to comply with the following new Supreme Court ruling: e- - L On June 30, the Minnesota Supreme Court held in r State V. Michael Jerome Scales that "all custodial ' -"" interrogation about rights, and a waiver of those rights, , ,- and all questioning shall be electronically recorded �_:_ :`: where feasible and must be recorded when questioning ,,_fir,,,��- occurs at a place of detention." Failure of law enforcement officer to comply with this recording requirement may result in any statements the suspect makes in response to the interrogation being suppressed at trial. - --_ m. q8 OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 21, 1994 Vice Chair VanHorn called the meeting to order at 5 : 30 p.m. with the following members present : Stafford, Miller, Morke, Dauenhauer, VanHorn, Schoepester, Reinke, Brandmire and Albinson. Barry Stock, Assistant City Administrator; Terrie Sandbeck, City Planner and Paul Bilotta, Senior Planner were also present . Commissioner Unseth and Phillips were absent . Reinke/Morke moved to approve the minutes of the August 17, 1994 meeting as kept . Motion carried unanimously. Mr. Stock gave a brief Economic Development Update . He noted that the Shakopee HRA did approve the CDC' s recommendation to establish an Economic Development Authority (EDA) . Funds were also included in the 1995 budget to create an Economic Development Specialist position. Comm. Miller questioned what the budgeted salary range for the position would be . Mr. Stock stated that the salary range would be between $35, 000-$42 , 000 . Mr. Stock went on to note that the actual number of Commissioners to be on the EDA has not been established. He did note however that he felt it was the consensus of City Council to have all Councilmembers serve as EDA board members . It has not been established whether or not two additional seats will be available for open appointments by the EDA. Mr. Stock then gave an update on the Universal Forest Products Project . He noted that Universal Forest Products had applied for a conditional use permit to expand their facility and establish a wood processing plant . The application was submitted approximately 2 years ago and was subsequently denied. In an effort to retain Universal Forest Products as a manufacturer in Shakopee, City Council selected to amend the zoning ordinance . Staff has recently discovered that Universal Forest Products is considering relocating to either South Dakota or the township immediately south of Jordan. In speaking with the plant manager, economics seems to be the prime motivating factor for the relocation. Discussion ensued on the Huber Park Redevelopment Plan. Mr. Bilotta noted that the consultant has created three different design options . The Commission may select one of the plans or pick and choose various elements from each plan to recommend for inclusion in a final plan. Vice Chair VanHorn questioned what process would be utilized in developing a final plan. Mr. Stock noted that the CDC will be making a recommendation on the design concepts to be included in the final plan to the Park & Recreation Advisory Board. The Park & Recreation Advisory Board' s final plan will then be recommended to City Council for approval . The consultant will then prepare detailed cost estimates for the proposed final design plan. The CDC then reviewed various design elements . The first item discussed was whether or not Levee Drive should be extended through Official Proceedings of the September 21, 1994 Community Development Commission Page -2- Huber Park. It was the consensus of the Commission that vehicular access through the park should be minimized and emphasis should be placed on foot traffic . Construction costs associated with the street were also seen as a negative . Discussion then ensued on whether or not ponds should be placed in the park. It was the consensus of the Commission that since storm water management and state policies are emphasizing diversion of water from the Minnesota River that ponds should be incorporated into the park. The possibility of applying for additional grant funding for storm water detention was also noted as a plus . Discussion then ensued on the boat landing. It was the consensus of the Commission that the boat landing should be relocated further to the Eastern edge of the park. It was also strongly encouraged that the boat landing be recessed to allow for boat launching without having to access river current . Discussion then ensued on the old river bridge . It was the consensus of the Commission that the old river bridge should be maintained and that the upper deck should be transformed into a garden area. It was also the consensus of the Commission that a pedestrian foot bridge should be placed on the existing lower level decking. It was noted that it would be more cost effective to retain the existing bridge and place a foot bridge across the existing metal structure at grade level than it would be to demolish the old bridge and construct a new pedestrian bridge . Discussion then ensued on access to the upper deck of the bridge to the current parking lot on the Western side of the bridge . It was the consensus of the Commission that the East portion of the parking lot should be redesigned so that a circular ramp could be constructed from the upper deck to the Levee Drive area. Discussion returned to the ponding. It was noted by Comm. Miller that the designer should ensure that the pond depth and slope is suitable for a park environment . It was also the consensus of the Commission that fountains be placed within the ponds to ensure that the water does not become stagnant . It was also the consensus of the Commission that no permanent structures be installed in Huber Park due to the flooding component . Discussion then ensued on the type of mooring system to be placed adjacent to the river for boat docking. It was the consensus of the Commission that a floating dock type structure should be encouraged. The length of the docking would be driven by cost . Comm. Reinke stated that it is important for the CDC to not only look at Huber Park but also look at the entire river front area from Huber Park to Memorial Park. Vice Chair VanHorn concurred. He stated that it would be desirable to improve not only Huber Park but the existing marina area and properties along Bluff Street to Yogi Bear Campground. It was the consensus of the Commission that an operating marina in Shakopee would be beneficial in conjunction with the redevelopment of Huber Park. Official Proceedings of the September 21 , 1994 Community Development Commission Page -3- Morke/VanHorn moved to recommend to the Park & Recreation Advisory Board that the design components preferred by the Commission be incorporated into a final plan. Motion carried unanimously. Comm. Albinson noted that the Transportation Coalition has not met recently and that he has not heard of any changes to the timing schedules for the various projects . Mr. Stock noted that the Scott County Economic Development Coalition is planning a manufacturers luncheon during manufacturers week. The luncheon will be held on Wednesday, October 21, at 12 : 00 noon at Canterbury Inn. Mr. Stock shared with the Commission the marketing plan for the new transit circulator service . Mr. Stock noted that the Shakopee City Newsletter will be mailed tomorrow and that the main story focuses on the circulator service . Mr. Stock also shared with the Commission a postcard that will be mailed to each household in Shakopee . Mr. Stock stated that there are a series of direct mail advertisements that will be distributed over the next 6 weeks to encourage the new transit service . Comm. Reinke stated that he thought the marketing would include not only advertising of the transit circulator service but also the existing Vanpool service . Mr. Stock stated that initially the advertising is focusing ont he new service . Subsequent mailings will include not only emphasis on the existing Vanpool program but also on the Dial-A-Ride service . Comm. Reinke stated that some of the Vanpool riders are concerned that the circulator service is being implemented to replace the Vanpool program. Mr. Stock stated that the new service is not intended to replace the Vanpool program. The circulator service is designed to augment what we already have in place . However, if certain Vanpools are not meeting current Vanpool policies in terms of ridership we now have the ability to move those riders into the circulator system. The first option however would be to move riders from one Vanpool group to another Vanpool group. If ridership still does not meet Vanpool policy standards we could then consider reducing the vehicle size from a full size vehicle to a mini van. Only after exhausting all options will a Vanpool route be terminated. Discussion ensued on the existing Vanpools and the reporting status of several drivers . Mr. Stock noted that at the next Energy meeting a report will be complete indicating the number of riders for each Vanpool and the status of their monthly reporting. Comm. Reinke suggested that each Vanpool driver be informed of the meeting and be invited to attend. Mr. Stock stated that he would see that each Vanpool driver would be invited to the next meeting. Official Proceedings of the September 21, 1994 Community Development Commission Page -4- Comm. Reinke also requested staff to generate a list of pick ups points for each Vanpool group as well as a list of passengers and phone numbers . He also requested that staff pass on information to each Vanpool group on the guaranteed ride home program. Mr. Stock stated that he would follow up on these matters accordingly. Comm. Miller questioned whether or not the downtown business owners were sent a letter indicating that the grant program could be utilized to bring their properties into compliance with existing codes . Mr. Stock stated that the letter has not been drafted at this time . He stated that it will be distributed prior to the next CDC meeting. A copy of which will be included in the next CDC packet . Mr. Stock then gave a brief update ont he Community Center Project . He noted that the due diligence was nearly complete and that it would be submitted to the City Council at their first meeting in October. At this time, the due diligence results appear to be positive and there is no reason not to proceed with Phase I of the Community Center Project at this time . Phase I simply included developing a concept plan, cost estimates, operating performa and market analysis . Mr. Stock noted that City Council also included funding in the 1995 budget for a part-time Code Enforcement Officer. The Code Enforcement Officer would be a seasonal position within the Police Department . Morke/Miller moved to adjourn the meeting at 7 : 10 p.m. Motion carried unanimously. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 4, 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] Approval of Minutes: September 6, 1994 10] Communications: None 11] 7 : 00 P.M. PUBLIC HEARINGS: a] Proposed assessments for Valley Park 11th Addition, Project No. 1993-10 - Res. No. 4095 b) Application to renew currency exchange license for Shakopee Check Cashing, 1147 Canterbury Road - Res. No. 4098 12] Recommendations from Boards and Commissions: a] Amendment to the Zoning Map - Amend the Boundaries of the Floodplain to Exclude Portions of Valleyfair - Tabled 8/16/94 (Ord. No. 383) *b] Comprehensive Plan Amendment/Jackson Twp. Annexation *c] Final Plat of Prairie Bend 1st Addition, located East of Marschall Road and South of 4th Ave. - Res. 4093 d] Preliminary Plat of The Meadows West and Final Plat of The Meadows West 1st Add'n. , located btwn CR-79 and CR-77 and S of the Upper Valley Drainageway - Res. 4086 TENTATIVE AGENDA October 4, 1994 Page -2- 12] Recommendations from Boards and Commissions continued: *e] Preliminary and Final Plat of Monnens First Addition, located East of Market and South of 4th Avenue - Res. No. 4076 f] Preliminary Plat of Orchard Park, located East of CR-77 and North of the TH-101 Bypass - Res. No. 4092 13] Reports from Staff: a] Community Center - Lifetime Fitness b] Lion's Park Warming House Improvements *c] Murphy's Landing - Scott County Quit Claim Deed d] Murphy's Landing Sublease *e] Fischer Aggregates, Inc. EAW Report *f] Environmental Assessment Worksheet for the Chaska Interceptor g] Calling 1988A GO Improvement Bonds - tabled 9/20 *h] Approve Bills in the Amount of $140, 869 . 26 *i] Pawnbroker's Employee License *j ) Sale of Surplus Property *k] Street Light Request 1] 10th Avenue Sidewalk Maintenance m] Cost Sharing for Downtown Alleys - Res. No. 4101 14] Resolutions and Ordinances: *a] Res. No. 4075 - Setting Public Hearing on Vacation of Alley in Block 31, OSP *b] Res. No. 4087 - Appreciation to Eugene Pass *c] Res. No. 4088 - Appreciation to Charles Ries *d] Res. No. 4091 - Apportioning Assessments - Mn. Valley 8 *e] Res. No. 4089 - Accepting Public Improvements for Beckrich Park Estates *f] Res. No. 4099 - Amending 1994 Budget *g] Res. No. 4100 - Appointment of Election Judges *h] Res. No. 4094 - Receiving Report and Setting Hearing on St. Francis Regional Medical Center, Sanitary Sewer, Project No. 1995-2 *i] Res. No. 4096 - Setting Hearing on Improvements to Downtown Alleys, Project No. 1993-9 *j ] Res. No. 4097 - Setting Hearing on Assessments for 1993 Street Reconstruction, 1993-7 15] Other Business: a] b] 16] Adjourn to Tuesday, October 18, 1994 Dennis R. Kraft, City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 4 , 1994 1 . Roll Call at 7 : 00 P.M. 2 . Approve minutes of the September 6, 1994 . 3 . Stans House - Realtor Request for Proposals 4 . Other Business a) b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 6, 1994 Chrmn. Lynch called the meeting to order at 8 :50 p.m. with Comm. Beard, Dirks, Sweeney and Mayor Laurent present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst . City Administrator; Lindberg Ekola, Planning Director; Karen Marty, City Attorney; Dave Nummer, City Engineer, and Judith S. Cox, City Clerk. Sweeney/Lynch moved to approve the minutes of August 2 , 1994 . Motion carried unanimously. Mr. Kraft stated that discussions regarding TIF assistance to St . Francis for disposal of the existing building have taken place. He explained that the new facility does not allow for TIF assistance because of the way state law is currently written. The existing building must be sold and developed by an entity that pays taxes . St . Francis is seeking a letter of support to use in their marketing as they attempt to find people to re-use the facility. It would give them assistance in marketing ability. Comm. Sweeney stated he had no problem with informing St . Francis that HRA would consider financing for a tax paying entity but was not willing to give them advance approval . Comm. Beard asked whether the hospital pays real estate taxes . The answer was no, it is a non-profit . He stated that if this were made a TIF district in the future, there would be no loss . Sweeney/Beard moved to direct the executive director to prepare a letter of support for disposition of St . Francis Medical Center existing facility, indicating willingness of HRA to consider tax increment financing for a tax paying entity that might purchase it . Motion carried unanimously. Lynch/Beard offered 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 1994 Budget, and move its adoption. Comm. Sweeney asked whether this would have to be modified in any way in the event the EDA becomes a reality. Mr. Kraft replied, "No. " Motion carried unanimously. Barry Stock spoke about the Rehab Grant application for Bill' s Toggery regarding property improvements . He stated that an architect was used, which is consistent with the application guidelines. The proposal is to extend the main columns down the Official Proceedings of the September 6, 1994 Shakopee Housing and Redevelopment Authority Page -2- building front to break up the building, like it was in the beginning. Bill Wermerskirchen, owner Bill' s Toggery, approached the podium. He stated that the intention was to bring the store back to the historic character of 1893 . It would look like four separate pieces after extending the brick down to the awning. There will be grids in the windows to give it a 1900' s look. Four separate signs will reflect the four separate parts. There will be no change in the existing awning or the existing brick. Lighting will be added in the awning to enhance the signage and the entrance, which is confusing right now. Barry Stock stated that the CDC recommended approval of the grant request with a total grant request of $5, 828 . 00, and a total project cost of about $23, 000 . 00 . Comm. Sweeney expressed concern over what might be described as maintenance . He had a problem with painting as being a modification the HRA is willing to partially fund. He stated that painting is like maintenance most people do on their own homes, at their own expense. Beard/Lynch moved to approve the Rehab Grant Program Application submitted by Mr. Bill Wermerskirchen for the property located at 138 South Lewis Street in the amount of $5, 828 .53 . Motion carried unanimously. Comm. Dirks stated she was impressed with the improvements to Jerry' s Bar. Barry Stock spoke on the disposition of the home being remodeled by the HRA. He stated that the remodeling was going well, that most of the interior work was done, and that the siding on the exterior was behind by about three weeks . However, he was optimistic about selling the property to a low to moderate income family this year. Mr. Stock spoke about the MHFA Color It Home Program. He stated the program was limited to first time buyers within certain income guidelines falling within the low income and section 8, public housing income limits. He said money would be available for loans through MHFA, three local banks, at lower than normal interest rates in order to get someone into the house. The seller must pay two discount points for the existing home . Mr. Stock suggested that rather than try to create a program of our own and the problems -that go with it, we could use a program that already has guidelines in place. It would be up to the HRA whether to use real estate agents to list and market the property on our behalf . Official Proceedings of the September 6, 1994 Shakopee Housing and Redevelopment Authority Page -3- Comm. Sweeney wanted to know if the two discount points were negotiable with the Minnesota Mortgage Program. He suggested staff should be directed to see whether the points could be waived, given the peculiarities of the situation. Comm. Dirks stated she had talked to area realtors and was told there is an active market for homes valued in the $80, 000 . 00 and below range with plenty of buyers in the income range we' re looking at, from the standpoint of being able to sell it . Mayor Laurent stated he has yet to find a situation where someone could qualify for MHFA that couldn' t qualify under some_ other program. He suggested we try to solicit as many realtors as possible, and make the realtor come back with a market analysis of that house so we can get more representation or opinion as to the value of the house. We would then have an independent market evaluation and would know how much we would want to underwrite it for. Sweeney/Dirks moved to follow Mayor Laurent' s proposal to solicit realtors and move ahead with disposition of the property owned by the HRA at 1124 East 2nd Avenue. Motion carried unanimously. Comm. Sweeney stated the property could be disposed of by using the Minnesota Mortgage guidelines without using the Minnesota Mortgage Program. Mayor Laurent stated MHFA does offer lower interest rates, however, the qualifying criteria are stiffer. Chrmn. Lynch adjourned the HRA meeting at 9 :40 p.m. Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 6 , 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, Ass' t City Administrator (arrived late) ; Lindberg Ekola, Planning Director; Karen Marty, City Attorney; Dave Nummer, Staff Engineer; Judith S . Cox, City Clerk; and Gregg Voxland, Finance Director. Items deleted from the agenda: 13b) Hiring Clerk Typist for Police Department, 130) Set 1995 Budget Hearing Dates . Items added to the agenda: 15a) Next Committee of the Whole, 15b) Temporary Administrative Intern, 15c) SCCMR request . Sweeney/Beard moved to approve the agenda as modified. Motion carried unanimously. 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. George Realander, 206 Main St . , Shakopee, MN, approached the podium. He questioned the manner in which a $200 . 00 citation for an unattended fire was issued. He stated he was unaware of a permit needed for recreational fires and that the ordinances or rules were unclear. He also stated the police and fire department members were not informed in that they told him he could have a 3 ' x 3 ' recreational fire. Mayor Laurent said he will have staff check into the manner in which the citation was issued, as well as the ordinance . Ms . Marty informed Mr. Realander that his fire does not fall under any exemption and that a permit would be required. Doug Bell, 1501 East First Avenue, #15, Shakopee, MN, approached the podium. He stated that staff seemed to be enforcing a different fee amount than was discussed in a previous City Council Meeting. He wanted Resolution 3990, regarding the licensing fee amounts clarified. Mr. Bell had the understanding that the fee was a one time investigation fee of $330 . 00 and a licensing fee of $300 . 00, plus $50 . 00 per employee and that the investigation fee included the license fee. Ms . Marty stated she was incorrect when she previously said the one time fee included both the investigation fee and the licensing fee . Official Proceedings of the September 6, 1994 Shakopee City Council Page -2- Mr. Bell stated he introduced a letter to the Council July 26th and wanted it to be public information. The letter pertained to two other applicants and how they were also in violation of the ordinances . He stated he felt it appeared to be an act of discrimination, known by staff and Council, enforcing one ordinance against one business and not against all three equally. Ms . Marty stated this issue was part of the pending lawsuit and therefore was not an appropriate matter to discuss at this time . She also said the letter was not part of the City Council record as it was not a document considered at a Council Meeting, but that it is public information. Cncl . Sweeney suggested that in the future, when communications are received that they be listed on the agenda, and that a motion to receive and file them be made . He stated that a copy of Mr. Bell' s letter be resurrected and put on the agenda to receive and file it in order to make it part of the record. Sweeney/Lynch moved to direct staff to put the letter in question on the next agenda to be received and filed. Mr. Kraft asked if the City Clerk also received a copy because if only the Council members received it, it might be difficult to do. Ms . Cox, having been on vacation on July 26th, did not recall being given this particular letter. Mayor Laurent asked Mr. Bell to submit the letter he wants as part of the record to Ms . Cox, and Council would follow up with Cncl . Sweeney' s motion. Motion carried unanimously. Councilmembers added to the consent business 10b) Sportsmen' s Coalition for a Clean Minnesota River (SCCMR) ; 13d) Amendment to Lease with Murphy' s Landing; 13i) Design Fees for Vierling Drive . Mr. . Kraft requested item 14a) Consenting to HRA Tax Levy Resolution No. 4081, be taken off the consent agenda. Cncl . Sweeney asked that item 14b) 1994 Proposed Budget Resolution, be taken off the consent agenda. Sweeney/Lynch moved to approve the consent business as modified. Motion carried unanimously. Sweeney/Lynch moved to approve the minutes of August 2nd, 16th, 23rd, 25th, 1994 . (Motion carried under consent business . ) Official Proceedings of the September 6, 1994 Shakopee City Council Page -3- Beard/Sweeney moved to receive and file correspondence from Joe Klug. Cncl . Beard asked Dave Nummer about the progress on the ditch and whether or not it was on track. Mr. Nummer stated that Mr. Hutton had driven the length of the ditch before he left and noted trouble areas, making a list to direct the contractor to fix what was his responsibility and then he could look into having the contractor fix the areas that were not his responsibility. Mayor Laurent, referring to Mr. Klug' s letter, suggested that in letters received like this, an action to receive and file be made in order to be considered for the consent agenda. Cncl . Lynch asked whether there was another way to resolve the issue . Dave Nummer stated the project was not finished. The rip-rap will be re-done to look nicer and more uniform, the area to be sodded will be graded and the yard leveled out, and fencing as directed by Council . Motion carried unanimously. Mayor Laurent opened the 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 . Mr. Ekola stated the orientation with respect to the other properties is east-west, the others having a north-south orientation. Therefore, the setback comparisons between which is the front and which is the street side-yard is different as defined by the ordinance . Neither the old or the new ordinances have a provision for averaging setbacks of front or street side-yards that would allow the addition to be added on. Mayor Lynch asked if there were any members in the audience that would like to address the Council . Mr. Burl Zorn, applicant of the sight in question, approached the podium. Stated that the other three properties are closer to Dakota St . than 20 feet and closer than he would be after the proposed construction and challenged their 20 foot setback. He stated that the other three property owners had no objection to his plan and asked for a variance . He stated that from Seventh Street to Fourth Street, none of the properties had a 20 foot setback and that new construction had been allowed in multiple housing where he would challenge the 20 foot setback also. He asked for a decision based on fairness, enhancement of the neighborhood, the value of Official Proceedings of the September 6, 1994 Shakopee City Council Page -4- the house, and increased property taxes, and for the Council to work in his favor. On the overhead he noted the dotted line where he could build without approval by getting a permit . He is asking for a 10' x 16 ' area to build a four-season porch. He asked that Council consider what has already been approved by past ordinances or City Councils, and give him the same break others have had. There being no further comments from the audience, Mayor Laurent closed the public hearing. Discussion followed. Cncl . Sweeney stated the people on the planning commission and in the planning department are doing what the ordinance requires them to do; if there is a problem its with the ordinance and not the staff or planning commission. Dirks/Lynch offered Appeal Resolution No. CC-690, A Resolution Approving A 10 Foot Variance to Section 26, Subd. 5 .B. , and moved its adoption. Cncl . Dirks stated that in establishing guidelines with zone ordinances for development for the city, no situation is black and white. She stated that they have the ability to look at each situation individually and grant a variance. She pointed out that this was not a perfect city block with perfect intersections and that because there had been other variances and exceptions in the area she was willing to approve the Zorn' s exception. Cncl . Sweeney asked whether a 10 foot or 12 foot variance is appropriate . Mayor Laurent stated his understanding was that if Mr. Zorn builds what he wants to, he will be 20 feet from the lot line and not 18 feet . He said that he did not feel it was out of harmony with the neighborhood but had a problem with a variance of more than 10 feet . His concern was how to distinguish between this exception and another one . Burl Zorn stated that by definition, a variance is an exception. That an ordinance can' t be written that applies to every piece of property in the City. A variance is an exception to an ordinance on a case-by-case basis . He asked for a variance for his property which he feels stands alone and is an exception to the ordinance. Cncl . Beard stated he was comfortable in voting for Cncl . Dirks motion. Cncl . Sweeney stated a variance was granted to the assessment ordinance in the same area because blocks were peculiar on Dakota Street . Official Proceedings of the September 6, 1994 Shakopee City Council Page -5- Cncl . Lynch stated she had no problem voting for this because of a lot of non-conforming in the older part . Mayor Laurent asked Mr. Ekola how frequent this problem was and the reply was "quite rare . " Motion carried unanimously. Beard/Lynch moved to remove from the table item 12a) Appeal Resolution No. CC-689, Approving Variances to the Sign Ordinance for Can Am Recreational Vehicles . Motion carried. Mr. Ekola stated that the research requested was finished. Applicant would not be allowed to construct the proposed sign. He stated there was not a provision to allow increases in free standing signage . He said the purpose of free standing signage is to identify the sight and has a limited advertising capacity, where as wall signage tends to have more capacity and more area is allowed for that . He recommended the decision of the Board be upheld. Mr. Weber stated it is difficult to see the building and the fact that Landy' s won' t give him sign space, he wanted to know what his options were. Sweeney/Lynch offered Appeal Resolution #CC-689, A Resolution 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, and moved its adoption. Cncl . Sweeney stated he was against the motion because there would be an unlimited number of requests for the same variance from multiple tenants on a single piece of property, who have every right to expect the same treatment to do that . He noted his support of the Planning Commission' s action. Cncl . Dirks stated it is unfortunate that Mr. Weber is leasing from a landlord without signage space, but that it may be more appropriately negotiated in the lease . Motion failed unanimously. Variance denied. Mr. Stock described the program to implement a Memo Of Understanding in regard to the Transit Circulator (a new service which will augment our Van Pool Program and provide Shakopee residents with additional transit service to Downtown Minneapolis, the Mega Mall and Eden Prairie) . He noted it is intended to augment and not replace what is already in place . He said it would enable occasional riders to use it on a daily basis . He said a vehicle that is presently servicing Southwest Metro on a reverse commute basis will continue on their way through Eden Prairie and Official Proceedings of the September 6, 1994 Shakopee City Council Page -6- end up in downtown Shakopee at a new parking lot, to be constructed at the Pelham Hotel lot . It would be a park-and-ride location as well as the Dial-A-Ride feeding location. Mr. Stock explained that there would be no fare on the Dial-A-Ride to the park-and-ride lot or to get on the vehicle in the park-and- ride lot . It would be a free ride to the park-and-ride lot and to Eden Prairie Center. It is at the Eden Prairie Center that the fare would be paid if you go on to Minneapolis or elsewhere . Mr. Stock explained that this is a 15 month demonstration program. Funds are included in the 1994 program and the Regional Transit Board is aware of it . The implementation date is September' 26th. Advertising is intended to be through the City Newsletter and direct mail to every household in Shakopee, and hopefully the Valley News . Cncl . Dirks suggested the local attractions and motels also be notified as she has had many calls requesting information on how to go out of town to shop and get downtown. Cncl . Sweeney asked whether it is available to the reverse commuters from Minneapolis, the answer was yes . He then suggested notice also be made to the employment areas such as Mystic Lake and Anchor Glass to see if they might be interested in buying into direct Pelham Hotel parking at their expense . He also asked whether there would be a charge other than what is currently paid to Southwest Metro, the answer was no. Cncl . Beard expressed concern as to whether or not the frequency of service would impact the transit real estate taxes that are levied now because of less than hourly service . Mr. Stock stated it would not impact it . Mr. Stock stated that once implemented, we will use most of the money available to us to our fullest capacity with the exception of transit carry-over. They have been trying to apply for funds to pay for construction of that parking lot from the Regional Transit (RTB) , and if they aren' t successful they' ll apply for other funds for an alternative sight . Cncl . Lynch questioned why we couldn' t use the lot on the north side of First Street, which is empty most of the time, as a better park-and-ride lot and leave the other lot for downtown business . Mr. Stock replied it was not that accessible . Mayor Laurent asked whether there was a demand for parking downtown or whether the cars parked downtown would provide business support for the downtown people . Official Proceedings of the September 6, 1994 Shakopee City Council Page -7- Mr. Stock stated that most of the people that will utilize the service will do it by Dial-A-Ride, but that he would look into utilizing the lot on the north side . Beard/Lynch moved to authorize 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 . Cncl . Beard expressed concern that there has been some question about the wealthy suburbs pulling back 90% of their tax and transit money and then complaining because they don' t have a chance to spend it all . He stated there seems to be some question as to whether we' re entitled to our 90% since we have it so well off . Mr. Stock stated that what they ultimately want to do is to have a route and not rely on Dial-A-Ride to shuttle people to the park- and-ride lot . He said it would be more cost effective to have a continuous bus route such as down First Avenue, up Marschall Road, down 10th Avenue and down 6th, then out of town. He noted another possible lot would be the lot behind the library. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to hire a part-time Clerk Typist from Valley Temporary Staffing, Inc . for 20 hours per week at a rate of $11 . 62 per hour (for Planning Department) . (Motion carried under consent business . ) Sweeney/Lynch moved to fund Murphy' s Landing sewer and water improvements out of the CIF Fund. Cncl . Sweeney said the original rational for funding is it is the City' s property and the City' s improvements, and if the property were converted to some other city use the improvements would still have to be made . However, he didn' t feel that made it a General Funding expenditure, that private things shouldn' t be funded from enterprise funds . The difference being, we typically fund infra- structures on City property out of Capitol Improvement Funds . He argued in favor of treating this the same way. Motion carried unanimously. Mayor Laurent recessed the City Council Meeting for a break at 8 : 50 p.m. Mayor Laurent reconvened the City Council Meeting at 9 : 10 p.m. and immediately recessed for the HRA Meeting. Mayor Laurent reconvened the City Council meeting at 9 :40 p.m. Official Proceedings of the September 6, 1994 Shakopee City Council Page -8- Sweeney/Lynch authorized the appropriate City officials to enter into Addendum No. 1 to the lease between the City and Murphy' s Landing. (Motion carried under consent business . ) Sweeney/Lynch moved to approve the bills in the amount of $172, 314 .43 . (Motion carried under consent business . ) Sweeney/Lynch moved to direct staff to obtain appraisals for the Sarazin Street and Roundhouse Street right-of-way. (Motion carried under consent business . ) Sweeney/Lynch moved 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 . (Motion carried under consent business . ) . Sweeney/Lynch moved to authorize the appropriate City officials to enter into an agreement with Orr-Schelen-Mayeron and Associates, Inc . for the interim engineering services until such time as a new City Engineer is hired. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the payment of $13 , 714 . 16 to OSM for design fees for Vierling Drive . (Motion carried under consent business . ) Sweeney/Lynch moved to approved the purchase of two (2) 486DX2- 66MHz PC' s from EMPAC Computers, Bloomington for a total cost of $4, 634 . 88 . (Motion carried under consent business . ) Sweeney/Lynch moved to terminate the probationary status of Paul Bilotta and appoint him to the full-time permanent position of Senior Planner effective August 14 , 1994 . (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4085, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Prior Lake Lion' s Club, and moved it' s adoption. (Motion carried under consent business . ) Sweeney/Lynch moved to authorize the appropriate City officials to enter into a personal services contract with Esther TenEyck for Recording Secretary at Step I of the 1994 Seasonal/Part-time Pay Plan. (Motion carried under consent business . ) Sweeney/Lynch moved to authorize the appropriate City officials to enter into a personal services contract with Debra Clausen for Back-up Recording Secretary at Step I of the 1994 Seasonal/Part- time Pay Plan. (Motion carried under consent business . ) Sweeney/Lynch moved to direct the Chief of Police to post signs prohibiting parking on the West side of Lewis Street between 5th Official Proceedings of the September 6, 1994 Shakopee City Council Page -9- and 6th Avenues between 2 : 00 p.m. and 4 : 00 p.m. during school days . (Motion carried under consent business . ) Beard/Lynch offered 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, and moved it' s adoption. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 4082 , A Resolution Setting Proposed Maximum 1994 Tax Levy, Collectable in 1995 , and moved it' s adoption. Motion carried unanimously. Sweeney/Lynch offered Ordinance No. 385, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 6 , Other Business Regulation and Licensing, Section 6 . 28 , Pawnbrokers, Precious Metal Dealers and Secondhand Dealers, Subd. 2 , Definitions, By Repealing Paragraph F and Enacting One New Paragraph in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4083 , (Amendment #1) , A Resolution Amending Resolution No. 4030, A Resolution Approving the Preliminary and Final Development Plans for the Scherer South Planned Unit Development (PUD) , and moved it' s adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4079, A Resolution Authorizing the Execution of a Cooperative Construction Agreement with MnDOT for the Shakopee Bypass Drainage Project No. 1993-3 , and moved it' s adoption. (Motion carried under consent business . ) Sweeney/Lynch offered 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, and moved it' s adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4080, A Resolution Amending Resolution No. 3913 , Adopting the 1994 Budget, and moved it' s adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4063 , A Resolution of the City of Shakopee, Minnesota, Designating the Acting City Clerk, and moved it' s adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4084, A Resolution of the City of Shakopee, Minnesota, Designating the Acting City Administrator, and moved it' s adoption. (Motion carried under consent business . ) Consensus of Councilmembers was to meet as a Committee of the Whole on September 28, 1994 between 5 : 00 and 7 :00 p.m. to discuss the direction of the HRA as it relates to housing and the 5 year CIP. Official Proceedings of the September 6, 1994 Shakopee City Council Page -10- Sweeney/Beard moved to authorize the City Administrator to hire a Part-time Temporary Intern to complete work on various Administration programs for the Fall of 1994 . Motion carried unanimously. In response to the invitation to join the Sportsman' s Coalition for a Clean Minnesota River for a group membership fee of $100 . 00 , Cncl . Lynch stated that she would be attending their Annual Minnesota River Rally on September 10th and would obtain additional information. Beard/Sweeney moved to authorize painting the rear of the old City Hall building located at 129 East 1st Avenue for a cost of $300 . 00 . Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, September 20, 1994 at 7 : 00 p.m. The meeting adjourned at 9 : 58 p.m. 1100.01;ijk 111 •ith S . Cox W ty Clerk Esther TenEyck Recording Secretary 3 MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Stans House - Realtor Request for Proposals DATE: September 29, 1994 INTRODUCTION: On September 6, 1994 the Shakopee Housing and Redevelopment Authority directed staff to solicit requests for proposals from realtors for the listing and sale of the house and property located at 1124 East 2nd Avenue (Lot 8, Block 29, East Shakopee Addition) . BACKGROUND: Shown in Attachment #1 is the notice of request for proposals that was sent to real estate firms within the Shakopee area. The submittal deadline for proposals was September 29, 1994. Three proposals were submitted. Each of the proposals included a market analysis of the subject property. Shown in Attachment #2 is a summary of the proposals indicating the proposed sales commission level and suggested listing price. Staff believes that each of the real estate firms that submitted proposals have the ability to market the property consistent with the home ownership guidelines established by the Shakopee HRA. This being the case, staff would recommend that we utilize Dave Brown Realty as the real estate firm since they have submitted the most attractive sales commission rate. ALTERNATIVES: 1. Authorize the appropriate City officials to enter into a listing agreement with Dave Brown Realty for the disposition of the property located at 1124 East 2nd Avenue. 2 . Authorize the appropriate City officials to execute a listing agreement with Realty World - Kubes for the disposal of the property located at 1124 East 2nd Avenue. 3 . Authorize the appropriate City officials to execute a listing agreement with Edina Realty for the disposal of the property located at 1124 East 2nd Avenue. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to enter into a listing agreement with Dave Brown Realty for the disposition of the property located at 1124 East 2nd Avenue. BAS/tiv ,44hatsiENf NOTICE OF REQUEST FOR PROPOSALS The Shakopee Housing and Redevelopment Authority (HRA) is seeking proposals from realtors for listing and sale of the house and property located at 1124 East Second Avenue (Lot 8, Block 29, East Shakopee Addition). Realtors interested in submitting a proposal must agree to market the property consistent with the Home Ownership Guidelines established in the MHFA Color It Home Program (See Attachment #1). The successful proposal should include the following information: 1. The amount of the sales commission. 2. A copy of the Brokers License. 3. A copy of your firm's liability insurance policy. 4. Confirmation of MLS membership. 5. A brief summary on how you plan to market the property including the amount of public exposure in; (a) local media, (b) Multiple Listing Service. 6. A market analysis for the subject property. The determining factor for entering into an agreement with the preferred realtor will be the amount of commission charged, the amount and period of marketing exposure you intend to provide, your understanding of the MHFA Color It Home Program and the completeness of the property market analysis. Realtors wishing to view the premises should contact Barry Stock at 445-3650 to arrange an appointment. The Shakopee HRA reserves the right to cancel this solicitation of proposals, waive irregularities in said solicitation and reject any and all proposals if it is considered to be in the best interest of the HRA. Proposals are to be sealed and delivered to the Assistant City Administrator at 129 Holmes Street South, Shakopee, Minnesota by 10:00 a.m. on September 29, 1994. The proposals will be opened September 29, 1994 at 10:00 a.m. in the City Council Chambers of the City of Shakopee. TAMI\ADMIN\REALTORS Realtor Proposals Summary Evaluation Name of Realtor Commission Rate Proposed Listing 1. Dave Brown Realty 4.7% $79, 000 2 . Edina Realty 6% Low to mid 80's 3 . Realty World - Kubes 5.38% $72,900 //CC. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer 711^rj SUBJECT: Valley Park 11th, Project No. 1993-10 DATE: September 27, 1994 INTRODUCTION: Attached is Resolution No. 4095, a resolution adopting assessments for the above referenced project. BACKGROUND: This project consists of street construction for Park Place, as well as sanitary sewer and watermain extensions to serve the adjacent properties. The project was petitioned for by Valley Green Business Park, and will be 100% assessed to the business park. The final project costs are $711,546.34 which consists of construction costs of$562,410.40 and engineering/administration costs of$149,135.94. The Engineer's estimate which was submitted by the developers engineer totalled $1,123,029.38, including 30% contingency. The estimate less the contingency was $863,868.75. A public hearing to consider the assessments has been scheduled for October 4, 1994 at 7:00 P.M. ALTERNATIVES: 1. Adopt Resolution No. 4095. 2. Deny Resolution No. 4095. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4095, A Resolution Adopting Assessments for Valley Park 11th Addition, Project No. 1993-10 and move its adoption. DMN/pmp MEM4095 RESOLUTION NO. 4095 A Resolution Adopting Assessments For The Valley Park 11th Addition Project No. 1993-10 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Valley Park 11th Addition by street, sewer and watermain construction NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof,a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1995 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property,with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 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 N V V 1 -13 a r 0) 0) rn m 0 N) Co Z I o - C = Na m8 S N Dr> o gc o vc z 0 m .. " <om O * mz =3a -< �M mr )3 33 mm0Im a Mem . m -I K _ rmrm Z 2z n n > O ZZZ r y• (nC• C = z � D3 (n CC i 0 w -� � > mOO w -1 - 0 Z � � z MMM c`'o - ma (Orm v � U' -a-� rCD m 0 oro : m � O r- ao m v � 2m z v � � cn cnz m -1 0 2 > > O > ai2 '< O > m2 :50 "..1 cn r' ' _� r" oioz ! � oiozj 0 cn > -< W < - BZW < - � U) W r m 00 '30 . Ozmr yozmO v z n7":11T1 .91570 m O I O p > .--1 XX X r NEz X r N .‹ R N 0 n m• O 0 jm0 .. m < z pm _I .bmgiG) m z = _ a = Oa 4r aa = W r › = m1--- -0 v vm _, Z vM 03 0 OM -TIM vm -� z 0 0 p m QOzp mIO O -iO -- Z -, .n Cr) z z mn ZI . W m > = ma s m 0 cn = aa II II H to isl n --i A s • _a,N „ m k CO cn CO0 0) (0 a M CO0) (n (n rn 0) CO w m m co co co co 33 a Cn CD J 003 o cCD 03 rii D J m N J O 1 1 0 K r (C0 N P o Z in 1 (n Co '.1 (0 03 IIID MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE : 1995 Currency Exchange License DATE: September 27, 1994 INTRODUCTION & BACKGROUND: The City has received an application for renewal of a currency exchange license from Shakopee Check Cashing (Frank Marzario) . You may remember that the City . .has previously approved licenses for this applicant . The license is ultimately issued by the State of Minnesota. Current law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicant has provided the StateThe wCith thefPolegCeired $10 , 000 . 00 Currency Exchange Surety Bond. advised has aome tbat he ithe granting r ntingre fof any a currency exchange license Shakopee to object tog to this applicant . RECOMMENDED ACTION: Offer Resolution No. 4098 , A Resolution Approving the Application of Shakopee Check Cashing for a Currency Exchange License at 1147 Canterbury Road, and move its adoption. RESOLUTION NO. 4098 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE APPLICATION OF LICENSEPAT 1147EE KCASHING FOR A CURRENCY CANTERBURY ROAD WHEREAS, in 1992 approve 1 iof a 5proposedwas curreacy to require a City to or dsapprove exchange license; and WHEREAS, Shakopee Check Cashing4has7 applied for a Road; currency exchange license for a location at WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED FOLLOWS;BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS That the City approves the granting of a currency exchange license to Shakopee Check Cashing for its location at 1147 Canterbury Road. Adopted in Regular Session 4 h day of October, 1994 the City Counciof the City of Shakopee, Minnesota, held t Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner MEETING DATE: October 4, 1994 RE: Amendment to the Zoning Map-Amend the Boundaries of the Floodplain to Exclude Portions of Valleyfair INTRODUCTION: At its August 4, 1994 meeting, the Planning Commission reviewed a request from Cedar Fair Limited Partnership (Valleyfair) to amend the Official Zoning Map to exclude certain areas of the Valleyfair Amusement Park from the Floodplain District. Valleyfair has constructed dikes to protect those areas of their property. Attachment 1 is a copy of the staff report from the August 4, 1994, meeting for your reference. DISCUSSION: Attachment 2 is a letter dated August 15, 1994, from Mr. Lawrence E. Samstad, Engineer for the Lower Minnesota River Watershed District. It is staff's understanding that since the time of this letter, Valleyfair has sent a copy of the information which was sent to FEMA and the DNR to Mr. Samstad. The Watershed District is in the process of reviewing the information. According to legal counsel, the role of this organization is advisory to the City. Section 11.34, regarding the Floodplain District, Subd. 12, amendments to the Official Zoning Map are required to be approved by the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR) only. ALTERNATIVES: 1. Approve the request for the Amendment to the Zoning Map, and amend the boundaries of the Floodplain District to exclude portions of Valleyfair, subject to approval by FEMA and the DNR. 2. Approve the request for the Amendment to the Zoning Map, and amend the boundaries of the Floodplain District to exclude portions of Valleyfair, subject to approval by FEMA, the DNR, and the Lower Minnesota River Watershed District. 3. Do not approve the request for the Amendment to the Zoning Map. 4. Table the decision until approval is received from FEMA, the DNR, and/ or the Lower Minnesota River Watershed District. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council approve the request for the Amendment to the Zoning Map, and to amend the boundaries of the Floodplain District to exclude portions of Valleyfair (Alternative No. 1), subject to approval by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). Staff also recommends that publication of the ordinance not occur until after approval by FEMA and the DNR has taken place. ACTION REQUESTED: Offer Ordinance No. 383, an Ordinance Amending the Zoning Map to Exclude Certain Portions of the Valleyfair Amusement Park from the Floodplain District, and move its adoption. (CITYCOUN REZVFAIR.104) ATTACHMENT 1 Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: August 4, 1994 Re: Amendment to the Zoning Map - Amend the Boundaries of the Floodplain to Exclude Portions of Valleyfair Site Information: Applicant: Cedar Fair Limited Partnership (Valleyfair) Location: One Valleyfair Drive Current Zoning: Heavy Industrial / Floodplain District (See Exhibit A) Adjacent Zoning: North:Ag City of Chanhassen South: 1-2 Heavy Industrial East: B-1 Highway Business West: 1-2 Heavy Industrial Comp. Plan: 1980: Commercial Draft 1990: Commercial, High Density Residential, Open Space Area: Approximately 240 acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction: The applicant is requesting that the City amend the Official Zoning Map to exclude certain areas of the Valleyfair Amusement Park from the Floodplain District due to diking that has been constructed. The applicant is in the process of obtaining the necessary approvals from the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR). Background: On March 8, 1994, the City of Shakopee sent a request from Cedar Fair Limited Partnership (Valleyfair) to FEMA requesting a revision to Community Panel No. 270434 0002C of the Flood Insurance Rate Map (FIRM) which was developed for the National Flood Insurance Program in 1978, and a revision to the Flood Boundary and Floodway Map (FBFM) for the City of Shakopee. FEMA has performed a preliminary review of this request and found that all of the required supporting data has been provided. 1 Once a preliminary review of an application is complete, FEMA begins a detailed review of all requests. This review process usually takes approximately 90 days. FEMA began the detailed review of this application in late May of this year, and as of the writing of this staff report, the process has not yet been completed. Given the 90 day review time frame, staff anticipates that a determination should be made by the end of August. If FEMA determines that changes to the Floodplain Maps are warranted, they will either physically revise the map, or issue a Letter of Map Revision (LOMR). Once this request is approved, the City of Shakopee will be required to reflect this change on the Official Zoning Map. The applicant has submitted this rezoning request prior to the determination by FEMA and the DNR due to time constraints, and the need to begin the Planned Unit Development (PUD) process. Valleyfair anticipates the submittal of their PUD for review by the Planning Commission at their meeting in September, and they would like to have this portion of the process completed prior to the review of their PUD. Considerations: 1 . Section 11 .34, Subd. 1 discusses the establishment of Zoning Districts within the Floodplain. The Floodplain is divided into two districts: 1) The Floodway District; and 2) The Flood Fringe District. The Floodplain, Floodway, and the Flood Fringe areas are defined as those areas designated as such within the Flood Insurance Study which was performed in 1978. 2. Section 11 .34, Subd. 12, regarding Amendments to the Floodplain District, states the following: "The floodplain designation on the Official Zoning Map shall not be removed from floodplain areas unless it can be shown that the designation is in error, or that the area has been filled to at or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Chapter, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration (Federal Emergency Management Agency). " 2 3. Staff does not anticipate a determination regarding this request until late August. To expedite this process, the applicant is requesting the approval of this amendment to the Official Zoning Map contingent upon approval by both the Federal Emergency /Management Agency, and the Department of Natural Resources (DNR). Staff Recommendation: Staff recommends approval of this request for an Amendment to the Zoning Map, subject to approval by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). Action Requested: Offer a motion to recommend to the City Council the approval of the request to revise the Official Zoning Map to exclude certain areas of Valleyfair from the Floodplain District, subject to approval by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR), and move its approval. {PLANCOMM\REZVFAMR.AUG} 3 Watershed District • - Lower Minnesota R.lv er « deers • 151 WEST 125TH STREET BURNSVILLE, MINNESOTA 55337 August 4, 1994 Cyril B.Eu President Jim A.Kephart Vice President s . of Managers Merrill M Madsen Treasurer To: Board Wallace E Neal.Jr. Assn.Treasurer Edward A.Schlampp Secretary From: Lawrence E. Samstad, Engineer Lawrence E.Samstad r Engineer Bruce D.Malk:rsoe Anorney Re: Request to Revise Floodplain and Floodway Boundaries - VaIley Fair - Shakopee. I-have.reviewed the Application for Amendment to the Zoning Chapter 11 of the Shakopee City Code made by-Cedar Fair Limited Partnership (Valley Fair) in Shakopee. The request is for a change in floodway and an exception of the diked area of Valley Fair from the existing floodplain designation. My-reviewfxnds the following: • No application has been made to the Lower Minnesota River Watershed District for similar -changes or exceptions under the District's "Flood Plain Regulations, as Amended" dated March - ;;_27, 1974. • A statement in the application is that one of the reasons for the application is "to correct certain --:-inaccuracies in the original mapping". I am not aware of such inaccuracies and the District's maps were available for review at the time the Flood Plain Regulations were promulgated and passed by the Managers March of 1974. • :There is no apparent reason why the Floodway needs to be changed. • If the dikes were to be breached or abandoned, the area within the dikes would then continue to be in the Flood Plain. -• :FEMA and Flood Plain Insurance requirements should be addressed by the application. • Minnesota DNR flood plain requirements should also be addressed by the application. • The;.preceding two items should be investigated as to their effect on the City of Shakopee's participation in both those programs. With,permission of the Managers, I will request submission of all materials given to the City of Shakopee for review at the next regular meeting of the District Managers in September. Respectfully, Lawrence E. Samstad, P.E. Engineer REcsav ED UUG 4 1994 LA, rt„,,i, 17c Gr EXHIBIT A • • EXISTING ZONING .---------, 'S . ...:.:ii•:•:•:•/i.:•:•:,:':.'N. 4::::::::::::::::::::::::*i:•:::•:•i:7• • Z::**47,4::::::::::.*: 7::::::;X::*.::i:::::::: : :: :.:•::::::::::t :: ::::::: .--- „ fj':: ::::::::*:::-.. k•:::::::t .:•:•:•:•:::•:•.......:":.•.':::::. Ir:•:•:.:•:.: ,.:.::::i:: nriit.:•':::::::::: t ' .M..4::;::i:iiniii*:iMit:::::........-;:i*:::' .. r:MMAI.rd - ,...":',...7.A ..i: :;":,. _,igiiit-i;: i :.M. ..,,,,,,•••,•-•'''',„,vr:•;.*.t..4.71 ..%;'''''::: .*:::;::4• \ , .-;,••!i • :.::::::::.:•:•:•:•'•:•:•:::::::,ik:::':' ''''',:.:*:•: :::i:i:Eti:pit:i21 15:!!:.:' ____,,,,...••••...,7.,.. ..:•:•:::*..3':ft...:::?...N..: .':•:•:•:•:. : :::::: . ..::::;:,.V.A ''''."•-::•; ;:NV:'-1.:' ,... ./.‹.;I:ia:.•:.MONN..::: ::ark::::.::::14.4. ',..N.i;;::•:::::"tiii.:i:...: ;;;::: ,U.,f-:?-;:;:....%•-:...).*::W.:.:0W01;;;e11/2 '.....„......., ›..,57:k.•:...27... ... : 014 ,,, „,,.,:s. 4MVgMVin:.Mki::::::: . .'-''':::::::::::::V.:,,:::.-4:$:,.:,::,:::::!::•:.:-::.•::. ------,.. ... . .-,7'.-7::,14C4. ,.7..-..... .S::19.4,,,t>„::,..!,:::::::e4..VM1,7)..4,,Mirte,FA0,8tA?:!.:c.nW,, ;i::.: : '.::i:.:*i:M:::: c,:'.::.::::::i:i::::•:.:....:.::::':::':':.,:::,,:‘:',,:::::,:::::,::,::,::,::•:. . :.......... . ..... , . .:4:::...:.., :....4:::..E_ ..:;... . .„,,,,...,__,_.,...,„-,, :.,,,.....0,,,,,-...:.:k.:.'lig ::fr.:.::::.:.::::::::::::::::::::7::•4;;;::•::::::::::::::::',X.'•.-••.':':',.:..:;:-:::-:":-:X:-.: ........... , ...,._ .... :11..L.:4,_„..„,:e.,‘i,),A.... ;;:'.1,V;NRERM40125KM:);.:1.'-: ::.,;Ciiiiiiiii::::i:•:':'..:::.1]a::.:.:**:a:i.5. :.:ri:V:ii::.::.i:::,• i .Z.. . 1:B Tier gt•ii"'..Wigi,Xf: .; 4g1;f;r07...ifikili.§;;;W:g.::: 8::....? ,,.:*".gi:_.,ii:i...:i:i*i:ie: - 4. >,,i.:0f4-#./..:0;:t§,ii:i..,V,V :St.:.*? :'W•k. ::::::: ;:-:...: •:":-.$:::::::Ai*:i*i**:i:::1:*i: 1 , ....„. ..: :,.....za.x...; . .7 ....C . :3::::..... ;:::ir:!::::::::::::i.::i.::::?1,:•:•:.•:..:.::::.,.: .:,:.::i.::i.:::::i.k.::,::::::::::::X::::-*:•:::•::::::::::::::::::::::::::::::::::::::':::Ii::::i::$ •• _. sga_ INI_.r--!•, !I......-.„..--...,.. 1 , ......._I_„__...z..........-..,.4.,Lz_.'..,_-r•.-...I,.t,..v.. ,.4..g......i-.1:.:.:..:,..:..-:..-.3-.,.0'-..',.!'.'.'''.-,.'.•..•:•i-.".,w:.,.:.-...y•,.:,f..4.„,s,::,::.4.:-: 17..:*:•::?:1•7::..*:.4:':::.xi::':.:'::.::'i::'.:*i*.':..ii:.iiti. ,:::E•*::::i:i:: •z:::::::.::.:A::::::::$ II .( : 0 .:.: ... = :! .- P -• 7...--.^.4-, 12 --_, • DC 4: • x I g 1 ---, 1 47. .... l'. '',C"•••••• 2.• i \ ; i i i --,..... .• • • •• I f . ‘.. . • 1 ' .. ! 4TD' i .(.---;- --- -- • %. •....... I. • 1 / L2 .- .../ i . . I,/ uorp........ t2 —____ .x.... , F--..-.._ :m. ----- • .... , ,. ..._..... _ ....,...,__ -:i - - Iii ...Z•f Z.S. -•""'•• .............., t......................-1.. ...„ Ik..••••• • . '..7.... .........:..:. -.„ AG AGRICULTURE .... ..... .:. ... -..." - - - - _ II 4--------szt R1 RURAL RESIDENTIAL -, ----:." - :-. 11 ... R2 URBAN RESIDENTIAL • _ 4. .. . ._ R3 MID-DENSITY RES. - -•. _ - _ _ -- R4 MULTI FAMILY RES. _ . __ B1 HIGHWAYf :--_-S. BUSINESS 4. 4 B2 COMMUNITY BUSINESS - • . . .___ B3 CENTRAL BUSINESS - - - ...... -. - .. 11 LIGHT INDUSTRIAL - 12 HEAVY INDUSTRIAL •_ _ S SHORELAND Arn FLOODPLAIN DISTRICT .-.•oifr.k.:1 ...... . r., , -.-- MANDATORY PUD RTD RACETRACK DISTRICT .1.... - • Zoning Map City of SHAKOPEE EXHIBIT B • • PROPOSED ZONING ' � ` : . .4..:. . y _ ♦':;'f{'i.; ::is . .. >i:2?.�.:i:i�?:..�: " - _ : :•::.: . ` :~ 4'...i: f: :.:. • :v:a.... :V. :'•:.:/, ! i ` .j .:LAK r Z - •� kn j2' am = i / ,� i ftb,...._ ....,alliik.--- AG AGRICULTURE ----- ---� 1 rs R1 RURAL RESIDENTIALII R2 URBAN RESIDENTIAL .� �_ R3 MID-DENSITY RES. R4 MULTI FAMILY...RES. B1 HIGHWAY BUSINESS j j -� B2 COMMUNITY'BUSINESS _ B3 USINESS CENTRAL B -- _ - I1 LIGHT. INDUSTRIAL - 12 HEAVY INDUSTRIAL S SHORELAND ``'i� : t FLOQDPLAIN:.DISTRICT -.-•• MANDATORY`PUD RTD RACETRACK DISTRICT _ y r Zoning Map City of SHAKOPEE -4- - .______ __-_,,: .______,---_______________,______=..--... , r .=-...-_-_,_- ____--_____T.:._ •-________ .4 I 1 _ t I I . -&1 < I / '1 O ; QjZ I . i I I I i i l -- -- - ' 1 • W _-----C4----r• ----1-- liT.----' 7-17 t -r- —7 — ` s _ -4 .._i --T- �+-- -- - j _- -- -T t f. 1 C� t; r �'/ / • 1 Ii !< I 1 ' -4- t I . '1 - / ( ; • Q ' \\\\, ....\,...3k\s7 _ .-• : ' , ' -:_ '--1"..-17.-; 4 : 4 ; , ' ' •71- •,1..k.,‘„is,...- \,.! -.x,\„\c,' \\\\\\\\ "\\C74.--. 's, '-, , .- . 1 i .., --- . . A __a_ r•_•• - .. - _ \'`,,2_.\N„.7.. .._, .N.,\\..\ : .\-s.,, \..,,,,: .:.___./_...,...,_____,________ _ _..__ . ii ; ... ,;.t., ,.,, ,,, ,\ . , ,r\i,..; •\ ,.rs:\\„,, ,--.-\\*\,\44.\\ , \\\ i , ! *.I.11 • - • r.i.-71.'!-----Iii_i_--• '7,-: "7 .4\,,,,,, ,- . .-...... ..7 ---,..\\.>:-\-- -\-...,:,.: , --.\ ,-,-..-..7x,,_-.... ,\„ .---i : : pa : . ,i; lis. ,;,i...,".5 ..qii . - ; .; ;,..\. ... _4„,:.:\ , ,_ ,...k.-, :\-%,,,... . 1‘ \\Ii,.• .\ \ „, „ ; : t . , -.1 •-t •,--,r1,—: ---,..:-tc....d.,; -1.:= ,-- r- . --`.°' ,- -- .., ..,. -.- - --. ! - 2:1\8- -.,. '\' -;\. ..71-1T,,1-: iir._:,- - .1 , i , i :./ „..t.,\ , : -- ATTACHMENT 2 Lower Minnesota River Watershed District 151 WEST 126TH STREET BURNSVILLE, MINNESOTA 55337 Cyril B.Ess President August 15, 1994 — . ;, Jim A.Kephart Lice Presiden! ' iL IL-7... �? —_ Merrill M.Madsen Treasurer li Wallace E.Neal.Jr. Am. Treasurer Edward A.Schlampp Secretor:. Lawrence E.Samstad Enginee- — Bruce D.Malkerson Atrorne. Mayor and Shakopee City Council City of Shakopee - 129 South Holmes Street Shakopee, MN 55379 Re: Amendment to the Zoning Map - Amend the Boundaries of the Flood- plain to Exclude Portions of Valleyfair. Dear Mayor and Council Members: The enclosed is a memo to the Managers of the Lower Minnesota River Watershed District in reference to the above proposed amendment. The Managers requested me to write you to inform you that they have, in place, a Flood Plain Regulation. That regulation has been in force since 1968 and was updated in 1974 to conform to the Federal Emergency Management Agency regulations and regulations of the Minnesota Department of Natural Resources. Your planning staff has copies of the District's regulation. It may interest you to know that the study which established the boundaries of the Flood Plain and the Floodway was funded by a cooperative grant from the Lower Minnesota River Watershed District. In addition to the statements in my memo of August 4th to the Managers, the following items may be of interest to you in your consideration of the rezoning and relocation request. • The statement that `Valleyfair has sent a copy of the information that was sent to FEMA and the DNR to Mr. Samstad" is incorrect. As of this writing, I have not received any materials from Valleyfair. Last Thursday, Mr. John Dixon of Barr Engineering called and said that he would send the materials he had filed with FEMA and DNR to me. I have not yet received these materials. Therefore there has been no time for the District to review the requested changes. • No detailed legal description, detailed survey maps or any such definitive materials have been sent to me or the District so that a proper evaluation can be made of the request. • The flood plain area and floodway designations have never been questioned, although the opportunity for remedying any inaccuracies has long since expired. • No Corps of Engineers Flood-proof dikes have been constructed to protect the property to be removed from the floodplain. • No reason or reasons have been given for the realignment of the Floodway. The Floodway line should remain at its present location unless there is a good purpose for its relocation. City of Shakopee (Re: Valleyfair Floodplain Amendment) -2 of 2- August 15, 1994 The Managers of the Lower Minnesota River Watershed District are Shakopee. ned Theyrequesg tthat the preliminary information which they have been given by theCity of sufficient time be given them to receive and respond to the details of this proposal. Their next scheduled meeting is on Wednesday, September 14, at 7:00 PM. At that time they will review the matter and reply accordingly. If you have any legal or engineering questions or needs regarding this request, please contact Mr. Bruce Malkerson, the District's attorney, at phone 333-4800 or me at phone 445-7993. Yours truly, LOWER MINNESOTA RIVER WATERSHED DISTRICT RG-yet.-.r l�lY►�� Lawrence E. Samstad, P.E., Engineer cc: Managers Bruce Malkerson, Attorney Scott County Board of Commissioners Pat Lynch, MnDNR Federal Emergency Management Agency ORDINANCE NO. 383, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO EXCLUDE CERTAIN PORTIONS OF THE VALLEYFAIR AMUSEMENT PARK FROM THE FLOODPLAIN DISTRICT. WHEREAS, on April 20, 1994, Jeffrey R. Benson of Dorsey & Whitney, representing Cedar Fair Limited Partnership (Valleyfair), submitted an application requesting rezoning to exclude certain portions of the Valleyfair Amusement Park from the Floodplain District that is owned by them, and which is described on Attachment 1; and WHEREAS, a public hearing was held on August 4, 1994, and notices duly pent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on August 4, 1994, and voted to recommend approval of the rezoning request to the City • Council, subject to the approval of the request by both the Federal Emergency Management Agency (FEMA), and the Department of Natural Resources (DNR). THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.21 is hereby amended by excluding certain portions of the Valleyfair Amusement Park described on Attachment 1 from the Floodplain District. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Publication shall not occur until after approval is granted by the Federal Emergency Management Act (FEMA) and the Minnesota Department of Natural Resources (DNR). 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. ATTACHMENT NO. 1 FLOODPLAIN MODIFICATION: Land south of the following described line: Commencing at a point on the existing floodplain boundary approximately 1,700 feet east of the west line of Section 3, T115N, R22W; thence following the 721.3 elevation contour around the flood dike to a point approximately 500 feet west of the west line of said Section 3 where the flood dike intersects the existing floodplain line. FLOODWAY MODIFICATION: Land south of the following described line: Commencing at a point on the existing floodway limit that is approximately 2,200 feet east of the west line of Section 3, T115N, R22W; thence westnorthwesterly to a point approximately 150 feet east of said west line of Section 3 where said line intersects with the existing floodway boundary. a '8 CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Senior Planner DATE: October 4, 1994 RE: Proposed Comprehensive Plan Amendment to expand the Metropolitan Urban Service Area(MUSA)to the area contained in the Jackson Township annexation of 1994. DISCUSSION: On September 22, 1994, the Metropolitan Council approved the Comprehensive Plan Amendment that will expand the MUSA line to include that area of Jackson Township that is soon to be annexed to the City. In May, 1994, the Planning Commission and City Council had previously indicated support for this Comprehensive Plan Amendment. It is now appropriate for the City Council to officially indicate its support for the Comprehensive Plan Amendment by approving resolution number 5002. ALTERNATIVES: 1. Approve the proposed amendment. 2. Deny the proposed amendment. 3. Table the issue and indicate any additional information that needs to be supplied by staff. ACTION REQUESTED: '1Ic Offer Resolution No. 2, A Resolution of the City of Shakopee, Minnesota, Amending the 1981 Comprehensive Plan to Reflect the Proposed Expansion of the Metropolitan Urban Service Area to Include Certain Lands North of the Shakopee Bypass and West of County Road 79, and move its adoption. RESOLUTION NO .,5.802'q AM A RESOLUTION OF THE CITY OF SHAKOPEE, PROPOSEDMINNESOTEXPANSION EOFTHE THE 1981 COMPREHENSIVE PLAN TO REFLECT THE METROPOLITAN URBAN SERVICE AREA TO INCLUDE ROAD CERTAIN LANDS NORTH OF THE SHAKOPEE BYPASS AND WEST OF COUNTY WHEREAS, on August 4, 1981, the City Council adopted the Comprehensive Plan of the City; and WHEREAS, on May 5, 1994,the Planning Commission held a public hearing to consider an amendment to the City's 1980 Comprehensive Plan to expand the Metropolitan Service Area(MUSA) to said area and recommended approval of said amendment; and WHEREAS,on May 17, 1994, the City Council concurred with the Planning Commission's recommendation and approved said amendment; and WHEREAS, on September 12, 1994, the Metropolitan Council Community Development Committee reviewed said amendment; and WHEREAS, on September 22, 1994, the Metropolitan Council approved said amendment and assigned Referral File#14159-9; and WHEREAS, the City Council concurs with the Metropolitan Council's decision and agrees to the proposed amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, AS FOLLOWS: That the 1981 Comprehensive Plan is hereby amended to reflect the Shakopee Bypass ad west of expansion of the Metropolitan Urban Service Area to those areas north of the P CountyRoad 79, generally referred to as"Jackson Township Annexation-1994", at such time as said areas are annexed to the City of Shakopee. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Attest: Mayor of the City of Shakopee City Clerk Approved as to form: City Attorney IMMINIMENnik J2ç CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Senior Planner RE: Final Plat of Prairie Bend 1st Addition DATE: October 4, 1994 INTRODUCTION: Sienna Corporation has submitted an Application for Approval for the Final Plat of Prairie Bend 1st Addition. The subject site is located east of Marschall Road and south of 4th Avenue. This is the first phase of the development and it contains 6 Assisted Living lots, 37 Single Family lots, and 15 Multi-family lots. The area is zoned R-4,Multi-family Residential. (See Exhibit.A.) pISCUSSION: Staff received a review of the plat from Shakopee Public Utilities after the Planning Commission meeting in which this plat was recommended for approval. SPUC has requested the following additional conditions be placed on the plat approval: 1. Water will be available subject to standard terms, conditions and design criteria. 2. TWC will be$685/acre,WCC will be$457/SAC Unit. 3. Easements should be dedicated around the Townhouse lot lines on Roundhouse Street. 4. . Single-phase power will be available subject to the standard terms, conditions and design criteria. ALTERNATIVES: 1. Approve the final plat, subject to conditions. 2. Modify the recommended conditions and approve the final plat. 3. Deny the final plat. 4. Table the decision for further information from the applicant and/or staff. RECOMMENDATION: The Planning Commission recommended that the Application for Final Plat approval for Prairie Bend 1st Addition be approved as recommended by staff Staff has prepared the attached Resolution with the additional conditions recommended by SPUC but not considered by the Planning Commission.. ACTION REQUESTED: Offer Resolution No. 4093, a Resolution Approving the Final Plat for Prairie Bend 1st Addition, and move its approval. 2 RESOLUTION NO. 4093 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR PRAIRIE BEND, 1ST ADDITION. WHEREAS, the Estate of Lorraine Lenzmeier is the owner of said property; and WHEREAS, the Sienna Corporation is the anticipated owner and developer of said property; and WHEREAS, the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Prairie Bend, 1st Addition on September 22, 1994, and has recommended its . approval; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Final Plat for Prairie Bend, 1st Addition, described on Attachment 1, is hereby approved, subject to the following conditions: 1. The conditions placed on the site during the preliminary plat and Planned Unit Development(PUD) approval processes must be satisfied. 2. A signature block for the Chair of the Planning Commission should be added. . 3. The signature block identified as "Manager" will be changed to read "City Clerk." 4. Approval of title opinion by the City Attorney. 5. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. f. The applicant shall construct an 8'bituminous trail within Outlot B &F, as designated in the preliminary plat and the trail connections identified on the preliminary plat. g. The applicant shall be responsible for the costs of construction of sidewalk and trails as shown on the approved Planned Unit Development. 6. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 8. Prior to the recording of the final plat, Outlot C should be dedicated to the City for park purposes. 9. Prior to the recording of the final plat, Outlots B and F should be dedicated to the City. 10. Water will be available subject to standard terms, conditions and design criteria. 11. TWC will be$685/acre,WCC will be $457/SAC Unit. 12. Easements should be dedicated around the Townhouse lot lines on Roundhouse Street. 13. Single-phase power will be available subject to the standard terms, conditions and design criteria. 2 BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this _ _ day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 3 MEMO TO: Shakopee Planning Commission FROM: Paul Bilotta, Senior Planner RE: Final Plat of Prairie Bend 1st Addition DATE: September 22, 1994 INTRODUCTION: Sienna Corporation has submitted an Application for Approval for the Final Plat of Prairie Bend 1st Addition. The subject site is located east of Marschall Road and south of 4th Avenue. This is the first phase of the development and it contains 6 Assisted Living lots, 37 Single Family lots, and 15 Multi-family lots. The area is zoned R-4, Multi-family Residential. (See Exhibit A.) DISCUSSION: The preliminary plat for Prairie Bend was approved by the City Council on July 26, 1994. The Final Plat for Prairie Bend 1st Addition is in substantial conformance with the approved Preliminary Plat. (Attachment 1.) The only significant change in the plat has been a slight realignment of Roundhouse Street. This change was necessary because the City's design consultant for the Roundhouse Street project identified a problem with connecting the roadway to the existing intersection on CSAH 16. The proposed final plat contains the revised roadway alignment. Sienna Corporation will be completing a sale of the Multi-family portion of this plat in the near future, so there will be two Developer's Agreements prepared(one for Sienna's retained portion and one for the new owner's portion). STAFF RECOMMENDATION: Staff recommends approval of the Final Plat of Prairie Bend 1st Addition with the following conditions: 1. Satisfy the conditions placed on the site during the preliminary plat and Planned Unit Development (PUD) approval processes. 2. A signature block for the Chair of the Planning Commission should be added. 3. The signature block identified as "Manager" will be changed to read "City Clerk." 4. Approval of title opinion by the City Attorney. 5. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation'of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the • developer of$250.00 each per sign pole. f. The applicant shall construct an 8'bituminous trail within Outlot B &F, as designated in the preliminary plat and the trail connections identified on the preliminary plat. g. The applicant shall be responsible for the costs of construction of sidewalk and trails as shown on the approved Planned Unit Development. 6. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 8. Prior to the recording of the final plat, Outlot C should be dedicated to the City for park purposes. 9. Prior to the recording of the final plat, Outlots B and F should be dedicated to the City. 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SAllA2W_„ FREE! .. . i NCI 1 ______- . , uv, u I b u IP j b y j i 1 j • I 'ga ip u I Ig " iO , If I I I II • Ii IN %lig iiSii I. • " 'N n Vgl 1 iz Memo To: Dennis Kraft, City Administrator From: Terrie Sandbeck, Assistant City Planner Meeting Date: October 4, 1994 Re: Preliminary Plat for The Meadows West and Final Plat for The Meadows West 1st Addition Introduction: Gold Nugget Development, Inc. is requesting approval of the Preliminary Plat for The Meadows West, and the Final Plat for the first phase of this development. Both of these requests will be reviewed at the October 4, 1994, meeting of the City Council. At their September 22, 1994, meeting, the Planning Commission recommended approval of both the Preliminary and Final Plats, subject to conditions. Attachment 1 is a copy of the Planning Commission staff report for your reference. The City Council recently approved the developer's request to rezone the site from Agricultural (AG) to Urban Residential (R-2). The staff report which discussed the rezoning request was included in your August 16, 1994, Agenda Packets. Please refer to this staff report if you have questions regarding the rezoning of the site. Considerations: On September 29, 1994, City Staff met with the developer and his engineer, MNDOT staff, OSM staff and the representatives from the Orchard Park subdivision. It was recently identified that additional stormwater facilities are needed to convey flows from the drainage area south of the Bypass if Whitney Street is constructed over MNDOT drainage easement. A large stormwater pipe and a temporary drainage ditch were constructed in the MNDOT easement. The pipe was designed to accommodate flows based on the construction of a retention pond south of the Bypass. Since the pond will not be constructed until the area is developed, additional drainage facilities are needed within the Meadows West subdivision. A solution utilizing surface drainage on Whitney Street and the drainage easement between Lots 23 and 24 (shown on the preliminary plat) has been developed. It appears that this proposed solution could accommodate the necessary flows required by MNDOT. The proposed drainage facility will consist of a paved surface to preserve erosion down the slope of the drainageway. The developer's engineers will be developing the design plans and drainage calculations on this proposal as soon as possible. Staff will update the City Council on the stormwater design at the October 4 meeting. 1 Consideration was given at the September 29 meeting to moving the neighborhood connecting trail between Lots 16 and 17 Block 3 (shown on the preliminary plat) to the MNDOT drainage corridor. Staff would recommend that the connecting trails be maintained in the locations as reviewed by the Planning Commission to maintain a more even spacing. During the September 22, 1994, meeting of the Planning Commission, there were a few key issues addressed by the Commissioners. These are discussed below: 1. The Upper Valley Trail and Landscaping: The Upper Valley Drainageway is located along the northern portion of the proposed plat. This drainage and utility corridor is 120 feet in width and contains the Upper Valley Trail which is located along the northern portion of the drainageway. A condition has been recommended requiring the developer to install an 8 foot wide path within these pedestrian access easements (between Lots 16 and 17, Block 3; Lots 9 and 10, Block 4; and Lots 10 and 11, Block 6). A. Trail Crossings Staff recommended to the PC that a trail crossing the drainageway which would connect the Upper Valley Trail with the trail segments between the lots be provided by the developer. At the September 22, 1994, PC meeting, the developer requested a credit to the Park Dedication Requirement for the construction of this connecting trail credit for the landscaping within the pedestrian easements on each side of the trail. He also requested a park dedication. The Upper Valley Trail is intended to serve as a major pedestrian and bridge facility in the community. Providing adequate public access is essential to its use and enjoyment. With the relatively long blocks proposed in this subdivision (1000 - 1500 feet in length, east to west) connecting trails which cross the drainageway are necessary to promote trail accessibility and use. Several crossings have been constructed in the drainageway by both the City and developers of other subdivisions. Recently, staff has received complaints that some of the existing trail crossings had grates that were to steep. Other concerns raised included water and sediment on the trail surface. Designing and constructing trails in the drainageway requires more detailed attention than that given in the past. Unfortunately, the City Code does not provide maximum grades for trails. Staff is limited in direction it can give to a developer required to put trails in the drainageway. The developer is willing to construct the trail segments between the lots and would request a Park Dedication credit if the trail crossing the drainageway was required. Staff 2 believes that the crossings would benefit the residents of the proposed subdivision. The PC deferred the issue to the CC because they felt it was more of a financial policy issue. The following alternatives have been generated to help address this issue: 1. Require the developer to construct the trails crossing the drainageway and approve an appropriate park dedication. 2. Require the developer to construct the crossing trails but do not approve a park dedication credit. 3. Require the developer to provide an appropriate financial guarantee to cover the cost of constructing the two trail crossings and direct staff to design/construct the two trail crossings as part of a City project. 4. Do not require the developer to construct the trail crossing. B. Trail Landscaping Staff recommended a condition requiring that the developer install landscape screening within the pedestrian easement on each side of the trails to provide screening for the adjacent homeowners. Historically, the City has not provided credit to the Park Dedication requirements for this type of landscaping. For example, in the plat for Minnesota Valley 7th Addition, the developer was required to dedicate a pedestrian easement to connect Polk Street to the Shakopee Town Square parking area; to construct an 8 foot wide trail within the easement; and to screen the trail from the adjacent homeowners. No credit to the Park Dedication requirement was provided. 2. Outlot A The applicant is proposing to plat a small remnant parcel (labeled "Outlot A") located south of Vierling Drive in the southwest corner of the plat. Since the subdivision regulations do not allow the platting of remnant parcels, the ownership of this outlot must be transferred to the adjacent property owner to the south. A condition is being recommended which requires the developer to transfer the ownership of Outlot A to the owner of the adjacent property to the south prior to the approval of the Final Plat for that phase of the development with the parcel being created as a non buildable outlot with its own legal description. The sale and transfer of the parcel should be much easier to record. The intent is that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. 3 3. Stormwater Management At their September 8, 1994, meeting, the Planning Commission continued the public hearing regarding the request for approval of the Preliminary Plat to their September 22nd meeting to allow time for the applicant to resolve stormwater issues. The Stormwater Management Plan needed to be revised to provide the appropriate stormwater retention facilities. Once the ponding areas were identified and approved, the applicant needed to show the required drainage easements which will contain the ponding sites. The result was a reduction in the number of lots within the plat, and a minor realignment of the streets. As such, both the plat drawing and the grading plans were revised. Engineering staff have been working with the applicant's engineer, and stormwater concerns have been resolved. Alternatives: 1. Approve the Preliminary Plat for The Meadows West, and the Final Plat for The Meadows West 1st Addition, subject to conditions. 2. Do not approve the Preliminary Plat for The Meadows West, or the Final Plat for The Meadows 1st Addition, stating the reasons for denial. 3. Table the decision and request additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended that the City Council review the following alternatives and discuss the development of a policy regarding the construction of trail crossings in the Upper Valley Drainageway. Possible alternatives include: 1. Require the developer to construct the trail crossing the drainageway and approve an appropriate park dedication. 2. Require the developer to construct the crossing trails but do not approve a park dedication credit. 3. Require the developer to provide an appropriate financial guarantee to cover the cost of constructing the two trail crossings and direct staff to design/construct the two trail crossings as part of a City project. 4. Do not require the developer to construct the trail crossing. Once this policy has been established, the Planning Commission recommends that the policy be followed by the developer. In addition, the Planning Commission has recommended the 4 approval of the Preliminary Plat for The Meadows West, and the Final Plat for The Meadows West 1st Addition (Alternative No. 1), subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat for the first phase of the development: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required public improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 per sign pole (13 x $250 = $3,500.00 for entire site and five signs for the first phase). 6) Installation of a 5 foot wide sidewalk along the west boundary of the plat (within the MNDOT right-of-way along the east side of CR 77), and along the east boundary of the plat (within the county right-of-way along the west side of CR 79). If it is determined that the Scott Hennepin Trail system is to be located on the west side of CR 79, the sidewalk required in this area will not be necessary. 7) Construction of an 8 foot wide trial within the proposed pedestrian access easements within Block 3, Block 4, and Block 6. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. 8) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. 9) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 10) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording 5 of the fmal plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. C. The developer shall provide a recordable agreement which dedicates three 16 foot wide pedestrian access easements located in the following areas: 1) Between Lots 16 and 17 in Block 3; 2) Between Lots 9 and 10 in Block 4; and Between Lots 10 and 11 in Block 6. D. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. E. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. F. Noise Analysis: Due to the close proximity of the proposed plat to the southerly bypass, the developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency(MPCA). If it is determined that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation (berms, sound barriers, climate control, etc.) to bring those structures into compliance with the MPCA requirements. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: A. The applicant shall submit verification that the ownership of Outlot A has been transferred to the owner of the adjacent property to the south, with the intent that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. 3. Approval of the Preliminary Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 6 4. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the approval of any Building Permits. B. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Action Requested: 1. Offer Resolution No. 4086, A Resolution Approving the Preliminary Plat for The Meadows West, and the Final Plat for The Meadows West 1st Addition, and move its adoption; and 2. Offer a motion to hire an appraiser to perform an appraisal of the parcel to be funded by the Park Reserve Fund, and move its approval. (CrrYCOUN\PFPMEADO.104} 7 RESOLUTION NO. 4086, A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR THE MEADOWS WEST, AND THE FINAL PLAT FOR THE MEADOWS WEST 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review both the Preliminary Plat for The Meadows West, and the Final Plat for The Meadows West 1st Addition on September 22, 1994, and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for The Meadows West, and the Final Plat for The Meadows West 1st Addition, described on Attachment 1, attached hereto and incorporated herein, is hereby approved, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat for the first phase of the development: A. Approval of title opinion by the City Attorney. , B. Execution of a Developer's Agreement for construction of required public improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of • Shakopee. 5) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 per sign pole (13 x $250 = $3,500.00 for entire site and five signs for the first phase). 6) Installation of a 5 foot wide sidewalk along the west boundary of the plat (within the MNDOT right-of-way along the east side of CR 77), and along the east boundary of the plat (within the county right-of-way along the west side of CR 79). If it is determined that the Scott Hennepin Trail system is to be located on the west side of CR 79,the sidewalk required in this area will not be necessary. 7) Construction of an 8 foot wide trial within the proposed pedestrian access easements within Block 3, Block 4, and Block 6. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. 8) The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. 9) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 10) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. C. The developer shall provide a recordable agreement which dedicates the 37 foot wide temporary access easement onto CR 79. This easement shall be vacated after the construction of the streets within the second phase of the development. D. The developer shall provide a recordable agreement which dedicates the 16 foot wide pedestrian access easement located between Lots 16 and 17 in Block 3. E. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. F. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. G. Noise Analysis: Due to the close proximity of the proposed plat to the southerly bypass, the developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency (MPCA). If it is determined • that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation (berms, sound barriers, climate control, etc.) to bring those structures into compliance with the MPCA requirements. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: A. The applicant shall submit verification that the ownership of Outlot A has been transferred to the owner of the adjacent property to the south, with the intent that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. B. Prior to the recording of the final plat for the appropriate phases, the developer shall provide a recordable agreement which dedicates the 16 foot wide pedestrian access easements in the following areas: 1) Between Lots 9 and 10 in Block 4; and Between Lots 10 and 11 in Block 6. 3. Approval of the Preliminary Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 4. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the approval of any Building Permits. B. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk • Approved as to form: City Attorney - ATTACHMENT 1 - That part of the South Half of the Northeast Quarterand of the 2NNorth htHalf off the Southeast Quarter of. Section 12, Township 1 County, Minnesota lying southerly of a line that is 40.00 feet southerly of and parallel with the following described "Line A' and lying southerly of a line that is 68.00 feet northerly of and parallel with following described 'Line B". 'Line A' is described as commencing at the southeast corner of said Northeast Quarter; thence North 00 degrees 05 minutes 18 seconds West, assumed bearing, along the east line of said Northeast Quarter, a distance of 190.10 feet to the point of beginning of "Line A"; thence South 89 degrees 54 minutes 42 seconds West, a distance of 441.20 feet; thence westerly and southwesterly a distance of 817.47 feet along a tangential curve, concave to the southeast having a radius of 1,080.00 feet and a central angle of 43 degrees 22 minutes 04 seconds and said 'Line A" there terminating. 'Line 8" is described as commencing at the terminus of said "Line A"; thence South 46 degrees 32 minutes 38 seconds West, 61.55 feet; thence South 43 degrees 27 minutes 22 seconds East, 40.00 feet to the actual point of beginning; thence North 43 degrees 27 minutes 22 seconds West, a distance of 275.47 feet; thence Northwesterly, westerly and souttiwesterly a distance of 453.77 feet along a tangential curve, concave to the south having a radius of 282.00 feet and a central angle of 92 degrees 11 minutes 45 seconds; thence South 44 degrees 20 minutes 54 seconds West, a distance of 45.52 feet; thence southwesterly, a distance of 276.35 feet along a tangential curve, concave to the northwesterly having a radius of 928.00 feet and a central angle of 17 degrees 03 minutes 43 seconds; thence South 61 degrees 24 minutes 37 seconds West, a distance of 510.55 feet; thence southwesterly and westerly, a distance of 262.28 feet along a tangential curve, concave to the northwest having a radius of 428.00 feet and a central angle of 35 degrees 06 minutes 38 seconds and said 'Line B" there terminating. 0� ! ! i l �uw i i 9 rd r` R' R 0 gip M J. ila 1 i1 11 .1 • • . i i = s1 I 4 g J I Z I 1 iI- - i o I . 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I ATTACH HENT 1 Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: September 22, 1994 Re: Preliminary Plat for The Meadows West - Continued from Sept. 8th Site Information: Applicant: Gold Nugget Development, Inc. Location: Adjacent to CR 79 and CR 77, south of the Upper Valley Drainageway, and north of the existing P & V Addition. Current Zoning: Recently rezoned from Agricultural to Urban Residential (R-2). Adjacent Zoning: North:Ag Agricultural/Senior High School South: RR Jackson Township/Rural Residential East: R-2 Single Family Residential West: RR Jackson Township/Rural Residential Comp. Plan: 1980: Land use was not designated. Draft 1990: Single Family Residential. Area: 65.47 Acres. MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: Gold Nugget Development, Inc. is requesting approval of the Preliminary Plat for The Meadows West. The City Council recently approved their request to rezone the site from Agricultural (AG)to Urban Residential (R-2), at the recommendation of the Planning Commission. The staff report which discussed the rezoning request was included in your August 4, 1994, Agenda Packets. Please refer to this staff report for questions regarding the rezoning of the site. The applicant has also submitted a request for Final Plat approval for the 1st phase of the development, and this request will also be reviewed at the September 22, 1994, meeting. Please refer to this staff report for additional information regarding the Final Plat for the 1st phase. At the September 8, 1994, meeting, the Planning Commission continued the public hearing regarding this request to the September 22nd meeting to allow time for the applicant to resolve the stormwater issues. Once ponding areas are identified and approved, the required size and 1 location of drainage easements which will contain the ponding sites must be determined. The revisions proposed by the applicant have resulted in a reduction of 3 lots (158 - 3 = 155 lots being proposed), and both the plat drawing and the grading plan needed to be revised. The revised drawings are attached. Engineering staff has been working with the applicant's engineer to resolve the stormwater concerns. Staff will provide additional information regarding the resolution of the stormwater issues at the September 8, 1994, meeting. Background: The site was annexed into the City of Shakopee in 1988 from Jackson Township. It has remained zoned Agricultural since that time. With this application, the applicant is requesting Preliminary Plat approval for 155 lots on 63.45 net acres, and at a density of 2.45 lots per acre. Considerations: Context: 1. The approved 1990 draft Comprehensive Plan has designated this area for single family residential development. This land use category allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. It includes locations already developed, as well as locations of new plats. It recommends that a new zoning district be created which allows only detached housing as a principal use. Action on this recommendation is becoming reality with the update of the Zoning Ordinance. 2. The subject site is currently zoned Urban Residential (R-2). The purpose of the Urban Residential Zoning District is to allow the continuation of existing residential development and infilling of existing lots in the older residential areas of the City where central sewer and water systems are available. 3. The applicant is proposing to develop the site in three phases, starting on the eastern side of the plat, adjacent to CR 79, and working to the west, to CR 77. The applicant has been working with staff on the proposed plat for the 1st Addition. 4. All lots within the proposed development meet or exceed the 9,000 square foot minimum lot size requirement within the R-2 zoning district. Twenty-six (26) of the lots meet the requirements for development with single family homes, and 132 of the lots meet the requirements for development with two family dwellings. A condition has been recommended which limits the number of twin homes to no more than 10% of the lots within the plat. 2 General Considerations: 5. The Upper Valley Drainageway is located along the northern portion of the proposed plat. This drainage and utility corridor is 120 feet in width and contains the VIP sewer main. A trail is located along the northern portion of the drainageway. The developer is proposing three 20 foot wide pedestrian easements between the lots to provide access to the trail system. A condition has been recommended requiring the developer to install an 8 foot wide path within the proposed pedestrian access easement between Lots 16 and 17, Block 3; Lots 9 and 10, Block 4; and Lots 10 and 11 in Block 6, and to connect these trails to the existing trails within the drainageway. The remaining pedestrian easement on each side of the trail within the easement must be landscaped by the developer to provide screening for the adjacent homeowners. Because pedestrian easements cannot be recorded on the final plat drawing, the developer will be required to record a separate pedestrian access easement. 6. The Sidewalk/Trail Plan, which was adopted in September of 1992, requires sidewalks along both sides of CR 77, CR 79, and Vierling Drive. Since Vierling Drive will be constructed by the City as a State Aid project, the City will be constructing the required sidewalks along this street. However, a condition has been recommended requiring the developer to construct a 5 foot wide sidewalk along the west boundary of the plat(within the MNDOT right-of-way along the east side of CR 77), and along the east boundary of the plat (within the county right-of-way along the west side of CR 79). The Scott County Highway Department is in the process of soliciting bids for the construction of the Scott Hennepin Trail system, which is proposed to be located adjacent to CR 79. Although the county is recommending that this trail be constructed along the west side of CR 79, the location has not yet been officially determined. If it is determined that is to be located on the west side of CR 79, the sidewalk required to be constructed by the developer in this area will not be necessary. This determination should be made within the next month. 7. Typically, street names in the City use the following: East/West Roads: " " Avenue North/South Roads: " " Street Cul-de-sacs: " " Court or " " Circle Other Streets: " " Lane or " " Drive Since the last review by the Planning Commission, the street names within the plat have been revised to be in conformance with the City's street naming policies. 8. The applicant has commented that the 25 foot wide temporary drainage easements located adjacent to the Upper Valley drainage ditch, and the 35 foot wide temporary easements located adjacent to the drainage easement under the proposed Whitney Avenue, would 3 be vacated. The applicant should contact the Minnesota Department of Transportation (MNDOT) to discuss this process. 9. The applicant is proposing to plat a small remnant parcel (labeled "Oudot A") located south of Vierling Drive in the southwest corner of the plat. Since the subdivision regulations do not allow the platting of remnant parcels, the ownership of this outlot must be transferred to the adjacent property owner to the south. A condition is being recommended which requires the developer to transfer the ownership of Outlot A to the owner of the adjacent property to the south prior to the approval of the Final Plat for that phase of the development. The intent is that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. Transportation Issues: 10. The Transportation Section of the draft 1990 Comprehensive Plan has designated Vierling Drive, 10th Avenue, CR 77, and CR 79 as collector streets. This roadway classification provides both traffic movement between different areas in the City and require limited direct access to other public streets. A collector street within the urban area has the capacity to carry 1,000 to 5,000 vehicles per day. In the August 4, 1994, Staff Report, City Staff expressed concern about the amount of traffic that would be generated onto local streets which did not intersect with a collector street. To alleviate these concerns, the applicant submitted a revised Preliminary Plat which intersects Whitney Street with Vierling Drive. Vierling Drive is a continuation of an existing street, and will be constructed by the City as a State Aid project. 11. Since the first phase of the proposed development would result in an overlength cul-de- sac, the applicant has requested approval for a 37 foot wide temporary access to CR 79 from the Scott County Highway Department. This temporary access would be located along the lot line between Lot 9 and Lot 10 in Block 3. Due to the phasing of the development, staff is in support of this option until such time that a permanent access can be constructed that would correct the overlength cul-de-sac issue. 12. The Scott County Highway Department has commented that no private access will be allowed onto either CR 77 or CR 79. Typically, the City controls access to major streets in the subdivision process. Staff recommends that the developer dedicate the access rights to CR 79 (for Lots 1, 4, 5, and 6 of Block 1; Lots 1, 9, and 10 of Block 3; and Lots 1 and 2, Block 4); and to dedicate the access rights to CR 77 (for Lots 18, 19, and 20 of Block 6) in the dedication statement on the Final Plat. Access rights shall be limited by dedicating to Scott County the access rights in the dedication statement, and these access limitations shall be shown on the Final Plat drawing. 4 Staff also recommends that the access rights to Vierling Drive be limited by dedicating the access rights to the City in the dedication statement for the Final Plat, and to show these access limitations on the Final Plat drawing. 13. Approved Entrance Permits will be required for the construction of the streets within the plat. The applicant has submitted an application for Entrance Permits from the Scott County Highway Dept. 14. The developer is proposing to dedicate 60 feet of right-of-way for CR 79, for a total of 120 feet of right-of-way. No right-of-way dedication for CR 77 is required because the Minnesota Department of Transportation has already acquired a 100 foot wide right-of- way in this area. The Scott County Highway Department has commented that they are in agreement with the amount of right-of-way proposed to be dedicated for both CR 77 and CR 79. Engineering and Utility Issues: 15. There is a 50 foot wide Minnegasco easement located along the south side of the proposed plat. Minnegasco has commented that the homes that will be constructed on the lots which contain this easement must be placed a minimum of 10 feet from the easement in order to meet FFA and VA loan requirements. Minnegasco will not release any portion of their easement for the builders that do not comply with this requirement. 16. Shakopee Public Utilities(SPUC)has commented that water availability is subject to their standard terms and conditions, including, but not limited to, approval of the watermain design, inspection of the watermain installation, and fees for the inspections, trunk water charge, water connection charges, and meter charges. Single phase electrical power is available subject to standard terms and conditions. The developer will be required to enter into an underground distribution agreement with SPUC. 17. The Minnesota Department of Transportation has provided the following comments: Comment 1 All future drainage within the Upper Valley Drainageway Project must be in compliance with the City's Comprehensive Drainage Plan. Questions may be directed to Mike Gerbensky of our Hydraulics Section at 797- 1280. Response 1 City Staff will review the proposed drainage and calculations to ensure that the development complies with the Comprehensive Drainage Plan. Comment 2 Lots 23 and 24 are platted over a permanent drainage easement. No. permanent structures of any kind may be placed within this area. Questions may be directed to Steve Bucko of our Right of Way Section at 582-1392. 5 Response 2 This drainage easement is 40 feet in width and is located along the lot line between Lot 23 and Lot 24. This results in a 20 foot wide easement on each lot. However, there is sufficient area remaining for residential development on the lots once the temporary drainage easements have been vacated. Comment 3 Noise levels from new TH 169 are expected to exceed state nighttime standards. According to the approved Indirect Source Permit for the new TH 169, the responsibility for noise attenuation lies with the City and developer. MnDOT suggests having a consultant analyze this area for noise levels. Questions may be directed to James Hansen of our planning Section at 582-1392. Response 3 Minn. Rules Sec. 7010.0030 states that the City is required to "take all reasonable measures" to prohibit someone from developing their land in such a way as to violate the state noise standards. Staff has discussed the need for a noise analysis with the applicant's Engineer. A condition has been recommended requiring the developer to ensure compliance with the standards established by the Minnesota Pollution Control Agency (MPCA). 18. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency, including an NPDES Permit for the stormwater runoff and erosion control. A copy of the NPDES Permit must be submitted to the City to verify its approval prior to the approval of any Building Permits for the site. Other Considerations: 19. The developer has requested a one year delay in the requirement to set the iron monuments for the plat. A condition has been recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The developer will be required to provide adequate financial guarantees to ensure compliance within the one year time frame. 20. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. Using the Assessed Value from the Scott County Assessor's Office in the calculation, the park dedication requirement would be approximately $31,970.00, or only $202.35 per residential lot. Over the past two years, the average park dedication fee has ranged form $400 to $750 per single family residential lot. The developer has not provided a recent purchase price, or the results of a recent appraisal to be used in the calculation for the Park Dedication requirement. Based on these low calculations, the Planning Commission may want to recommend to the City Council the hiring of an appraiser to perform an appraisal of the parcels within this development. The appraisal would cost approximately $1,000 and would be funded by the Park Reserve Fund. 6 The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due at the time of the approval of the plat by the City Council. The developer for this proposed plat has recently submitted a request to defer the Park Dedication payments to the time of the issuance of the Building Permit. If approved, the City Council will enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 21. There are existing special assessments on this site of$16,568.06 for the VIP extension, as well as pending assessments. Alternatives: 1. Recommend that the City Council approve the Preliminary Plat for The Meadows West, subject to conditions. 2. Recommend that the City Council deny the request for approval of the Preliminary Plat for The Meadows West. 3. Continue the public hearing and request additional information from the applicant and/or staff. Staff Recommendation: Staff recommends Alternative No. 1, to recommend approval of the Preliminary Plat for The Meadows West, subject to the following conditions: 1. Prior to the approval of the Final Plat for the first phase of the development by the City Council, the developer shall submit the following to the City: A. Noise Analysis: Due to the close proximity of the proposed plat to the southerly bypass, the developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency (MPCA). If it is determined that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation (berms, sound barriers, climate control, etc.) to bring those structures into compliance with the MPCA requirements. 2. The following procedural actions must be completed prior to the recording of the Final Plat for the first phase of the development: A. Approval of title opinion by the City Attorney. 7 B. Execution of a Developer's Agreement for construction of required public improvements: 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250 per sign pole (14 x $250 = $3,500.00). 6. Installation of a 5 foot wide sidewalk along the west boundary of the plat (within the MNDOT right-of-way along the east side of CR 77), and along the east boundary of the plat (within the county right-of-way along the west side of CR 79). If it is determined that the Scott Hennepin Trail system is to be located on the west side of CR 79, the sidewalk required in this area will not be necessary. 7. Construction of an 8 foot wide trial within the proposed pedestrian access easements within Block 3, Block 4, and Block 6 to provide access to the Upper Valley Drainageway and Trail system. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. 8. The Park Dedication Requirement shall be made as a cash payment in lieu of park land. The fees shall be deferred on a lot by lot basis, and are to be paid prior to the release of each principal structure building permit. 9. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 10. The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. C. The developer shall provide a recordable agreement which dedicates three 20 foot wide pedestrian access easements located in the following areas: 1)Between Lots 16 and 17 in Block 3; 2) Between Lots 9 and 10 in Block 4; and Between Lots 10 and 11 in Block 6. D. Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access 8 rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. E. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 3. The following procedural actions must be completed prior to the recording of the Final Plat for the second phase of the development: A. The applicant shall submit verification that the ownership of Outlot A has been transferred to the owner of the adjacent property to the south, with the intent that Outlot A will be combined with the lot to the south proposed within the Orchard Park subdivision. 4. Approval of the Preliminary Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage, and erosion control plans. 5. The following must be completed prior to the approval of a Building Permit and / or grading permit for any of the lots at the site: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the approval of any Building Permits. B. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Action Requested: 1. Offer a motion to recommend to the City Council the approval of the Preliminary Plat for The Meadows West, and move its approval; and 2. Offer a motion to recommend to the City Council the hiring of an appraiser to perform an appraisal of the parcel to be funded by the Park Reserve Fund, and move its approval. {PLANCOMMTPMEADOW.SEP} 9 - _�.— • nor �'� -`'..,,,,!.:•-",- .'•rte .,,. , w - .../,. ll 7..'-rt..."N.t. 2 ..4111rigpla. ..• ". it- I ' ° `111 :. ,_T I f; - It I • �,�NM MI co i;- it—. ._ 11111 1 :!!:1-. - , , , sc \ N /;� 0� ..,. _111 , I.J.._ i . :,.. .1%5 �r - 1111 , i , © - - :iltlivc/ - - . zi®€1L••- . , 2IIh E 1 C �Q�'r. 9 . ► Millet• -_ t E — afiiPleill 'III �, 1 I Bio,. -ff;ile . • * 4 d At N "Cllr' �° �ai�� a a `i mill .iplig 7 "Ilpq 1111114 .rair11 1 11181i1115 ;#4t��1�� 54Nis4 eat: im r sr, awl 11iiiie 111. r mu ass � -,V-glIl 11 :. ft . W++'� O`er —rAii11=11 MOM a 1 x �;' :::_ � N-4%.:4;::407,.. ...::,?:. ;.*:,......:4.. sut , IA1 scorn twill • . .'14.4 sElihi ttvonevoiclog& inzaimm .:rii.:i.: ,.. s..4......s...sio- :..-:.:..: ... • '� .4i. -44a, ,:z, 4 nti �Ma 011;11101-» 1i'innG ''' : , ;,,T - , '•:• :•.? am\.. . Aga ifiti– trine Q111/1/11110., 8 . ...... , . 1®0_ �1G111e r1E1a. � ' 11111 r ..,..r. st fill 1111111P Wm N ,�'tvils 1111.r". IM 116111V1E11 ire`. -1 •T-11^1 -i • o0 � : .I t 1 3s.s - - ...' ' ;�4`� ,, , "' - .� yr i _ .l- 1 . —1 i T , E- e t _ k_ u *: CsIII r` , �_' s , ♦. .-r ab.. i , 1,1p) CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner 95/ MEETING DATE: October 4, 1994, RE: Preliminary and Final Plat for Monnens First Addition Introduction: At its September 22, 1994, meeting, the Planning Commission reviewed the Preliminary and Final Plat for Monnens First Addition, and recommended its approval, subject to conditions. Attached is the Staff Memo to the Planning Commission for your reference. Lot 1 contains an existing structure that is located 21.5 feet from the front lot line, and does not meet the required 30 foot front yard setback requirement. In order to plat the site as proposed, an 8.5 foot variance was necessary for this lot. This variance request was approved at the September 22, 1994, meeting of the Board of Adjustment and Appeals. The variance approval was contingent upon the recording of the Final Plat. Alternatives: 1. Approve both the Preliminaryand Final Plat for Monnens First Addition, subject to P J P conditions. 2. Approve the Preliminary Plat subject to conditions, and table the decision regarding the Final Plat for Monnens First Addition. 3. Do not approve the Preliminary and Final Plat, stating the reasons for denial. 4. Table the decision and request additional information from the applicant and / or staff. Planning Commission Recommendation: The Planning Commission has recommended Alternative No. 1, the approval of both the Preliminary and Final Plats for Monnens First Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. 1 B. Execution of recordable agreement(s) for the following items: 1) Cash payment in lieu of park dedication shall be required. 2) A permit for work in the right-of-way is hereby approved to allow City utility services to be provided to the lots. 3) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. C. The applicant shall change the proposed name of the plat to something other than "Monnens First Addition". Staff will verify that the name chosen by the applicant is not similar to the name of an existing subdivision. D. The existing detached accessory structure located on Lot 2 which does not meet the 10 foot side yard setback requirement, shall be removed from the site. E. Twin homes will require separate utility connections. If the applicant develops the lots with twin homes, the sites must be identified prior to installation of utilities. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of a Building Permit for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Action Requested: Offer Resolution No. 4076, A Resolution Approving the Preliminary and Final Plats for Monnens First Addition, and move its adoption. {cCrCYCOUN PFPMONNE.104) 2 RESOLUTION NO. 4076, A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLATS FOR MONNENS FIRST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review both the Preliminary and Final Plats for Monnens First Addition on September 22, 1994, and have recommended their approval; and WHEREAS, all notices of thepublic hearinghave been dulysent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plats for Monnens First Addition, described as: That part of the following described property lying southerly and westerly of the plat of MACEY SECOND ADDITION, Scott County, Minnesota. That part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the east line of Market Street, 100.00 feet south of the southwest corner of Block 209, Leriemondies, (East Shakopee); thence south along the east line of said Market Street a distance of 176.4 feet to the northerly Right- of-Way line of the now abandoned Chicago, Milwaukee, St. Paul, and Pacific Railway; Thence southeasterly along said Right-of-Way line a distance of 192.70 feet; thence easterly a distance of 52.10 feet; thence northerly parallel with said east line of Market Street a distance of 265.70 feet to a point 90.00 feet southerly of the southerly line of said Block 209; thence westerly a distance of 228.2 feet to the point of beginning; Together with Outlot E, Milwaukee Manor 1st Addition. is hereby approved, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of recordable agreement(s) for the following items: 1) Cash payment in lieu of park dedication shall be required. 2) A permit for work in the right-of-way is hereby approved to allow City utility services to be provided to the lots. 3) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. C. The applicant shall change the proposed name of the plat to something other than "Monnens First Addition". Staff will verify that the name chosen by the applicant is not similar to the name of an existing subdivision. D. The existing detached accessory structure located on Lot 2 which does not meet the 10 foot side yard setback requirement, shall be removed from the site. E. Twin homes will require separate utility connections. If the applicant develops the lots with twin homes, the sites must be identified prior to installation of utilities. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of a Building Permit for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney (C I TYC O UMPFPM O N N E.104) ATTACHMENT 1 Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: September 22, 1994 Re: Preliminary and Final Plat for Monnens First Addition Public Hearing Continued from September 8, 1994 Site Information: Applicant: Jeff Monnens Location: East of Market Street, South of 4th Avenue, and over and north of the abandoned Chicago, Milwaukee, St. Paul, and Pacific Railroad tracks. Current Zoning: Urban Residential (R-2) (See Exhibit A.) Adjacent Zoning: North: R-2 Residential South: R-2 Residential East: R-2 Residential West: R-2 Residential Comp. Plan: 1980: Single Family Residential Draft 1990: Single Family Residential Area: 47,910 Square Feet, or 1.10 Acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: Jeff Monnens has submitted applications for approval of both the Preliminary and Final Plat for the proposed Monnens First Addition. The applicant is proposing to plat three lots for residential development. Considerations: General Considerations: 1. The approved 1990 draft Comprehensive Plan has designated this area for single family residential development. This land use category allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. It includes locations already developed, as well as locations of new plats. 1 2. The subject site is currently zoned Urban Residential (R-2). The purpose of the Urban Residential Zoning District is to allow the continuation of existing residential development and infilling of existing lots in the older residential areas of the City where central sewer and water systems are available. 3. The subject site contains unplatted land, as well as Outlot E, Milwaukee Manor 1st Addition. All three of the proposed residential lots meet the dimension and area requirements for development with two-family dwellings. Planning Considerations: 4. The applicant received approval for Monnens' Addition in June of this year. However, as of the writing of this staff report, it has not been recorded with the county. Monnens' Addition is located south of the subject site, and it contains two residential lots. Due to the similar names, staff is recommending a condition requiring that the applicant change the name of this subdivision to something other than "Monnens First Addition". Staff will verify that the name chosen by the applicant is not similar to the name of an existing subdivision. 5. Lot 1 contains an existing structure that is located 21.5 feet from the front lot line, and does not meet the required 30 foot front yard setback requirement. In order to plat the site as proposed, an 8.5 foot variance will be necessary for this lot. A separate request for a variance has been submitted, and the variance will be considered by the Board of Adjustments and Appeals at their meeting on September 22, 1994. Staff is recommending the approval of this variance request. 6. Lot 2 contains an existing accessory structure that does not meet the 10 foot side yard setback requirement. The applicant is proposing to remove this structure from the site. Staff is recommending a condition to ensure that this does occur. 7. If the developer wishes a one year delay in the requirement to set the iron monuments for the plat, a request for such a delay must be submitted. A condition could be recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The City would require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. Since the area is not identified as a futurepark site in the City's draft Comprehensive 8. ty P Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. Using the Assessed Value from the Scott County Assessor's Office in the calculation, the park dedication requirement would be approximately $933.00 per residential lot. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. 2 The developer for this proposed plat has not submitted a request to defer the Park Dedication payments to the time of the issuance of the Building Permit. If he were to do so, the City Council may enter into a contractual agreement to allow the park dedication payments to be deferred. This contract would designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 9. There are existing special assessments against the unplatted portion of the site, but there are no assessments on Outlot A, Milwaukee Manor 1st Addition. Engineering and Utility Comments: 10. The applicant has informed staff that there are no wetlands on the site, and staff has verified this claim. Staff is in the process of issuing a Certificate of Exemption to the Wetlands Act of 1991 to the property owner. 11. The developer is not required to obtain an NPDES Permit from the Minnesota Pollution Control Agency, as the development is less than 5 acres in size. 12. In order to install City services to the lots, a street cut permit is required. Since Market Street is less than 5 years old, the City Council must approve the street cut. Staff has recommended a condition stating that the City Council approves the necessary permits for work in the right-of-way with their approval of this plat. Alternatives: 1. Recommend to the City Council the approval of both the Preliminary and Final Plat for Monnens First Addition, subject to conditions. 2. Recommend to the City Council the approval of the Preliminary Plat for Monnens First Addition, subject to conditions. 3. Recommend denial of the Preliminary and Final Plat to the City Council. 4. Continue the public hearing and request additional information from the applicant and / or staff. Staff Recommendation: Staff recommends Alternative No. 1, the approval of the Preliminary and Final Plats for the Monnens First Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: 3 A. Approval of title opinion by the City Attorney. B. Execution of recordable agreement(s) for the following items: 1) Cash payment in lieu of park dedication shall be required. 2) A permit for work in the right-of-way is hereby approved to allow City utility services to be provided to the lots. 3) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. C. The applicant shall change the proposed name of the plat to something other than "Monnens First Addition". Staff will verify that the name chosen by the applicant is not similar to the name of an existing subdivision. D. The existing detached accessory structure located on Lot 2 which does not meet the 10 foot side yard setback requirement, shall be removed from the site. E. Twin homes will require separate utility connections. If the applicant develops the lots with twin homes, the sites must be identified prior to installation of utilities. 2. Approval of the Preliminary and Final Plat is contingent upon the following: A. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of a Building Permit for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. Action Requested: Offer a motion to recommend to the City Council the approval of the Preliminary and Final Plats for Monnens First Addition, and move its approval. {PLANCOMM\PFPMONNE.S22} 4 EXHIBIT A . ,. . . ., ,, ___,_.,.. E -- 2-,ia-?: tong: - : — . , ,hi'. - p -0 '11W/ 1_,,W,__ .- •:1_ _ _-_ . • Is 4,! `-' t 1� ' 1 • ■1 ,' i jai• 0 ! (nit ittAr-, 1-7-7-‘ -. IV wr t NI '4 '''-'' ''2jr161-31 0-EI C1-1*--.4.Lii--1 'S '''11-LI----- --- - / ' C c==:=2 ,.., ,, , __ _. jl{ „. , __ �� „1 T a t ! I mititi i 111 tiCilfi �1y ''ti. - �/�/2 Z///I ______,,,L , '� --all di:+ 1�1it• ;c p - IOU n - rtrrle 0 ' iiv �� �, - si 9i_, 1111= -gym t . , 1 .1 It st . .._auvli. tot aw-.1--ill�,�� ►sita 011-1"A li tMI ,�� _ - - _- , _ MI }� .;�� �.: i--�ii1 o�.1p �r /roc 1 ; 1 =_ , .4t ! : . 1 ' .iia Haab. = = A 62 a # I n 4,„11,V. 1, ,11 SUBJECT SITE > `E _ Nil A Ej 2, a �iihaciao I1! a �,, „► „� z' .r "--,,- .,AI 74 VE. . . ,- J:- 111 a$i 011: 1 iii1:. a..Hp.in._„ni 5._A i.z. i_i,, ii_"_,ll iiti:11 .71 4.11 -i: 1�sio `Li l �IJPP !1 11 315111 4fa .4.1 ta iGiI111 i-P 11 !nil! ilii l i !Wt`s!A t ...n g� all'1� �- !lit-sif111'1 !III] 1111 Ell 11!10► iv AG AGRICULTURE MB inriiM. 'n"”' —1.. -. 1/11 ...,.. » �.e�� l R1 RURAL RESIDENTIAL i' "AL' "'�' � `f 5 ` a 1 ' mi R2 URBAN RESIDENTIAL i! NEI mill mar mood! ! • - ,��1 R3 MID-DENSITY RES. 1 • in MEM R4 MULTI FAMILY RES. : i0 aim a F.PURIMy Fa 1 • ;2*3 MEM B1 HIGHWAY BUSINESS am .s 11 82 COMMUNITY BUSINESS a A o ©� , B3 CENTRAL BUSINESS :am maw NNE "I� "lin rum num t Q MEI ®�� M� ©Ni am as" Ilimm atm. ili ' 11 LIGHT INDUSTRIAL -;m —� maw on St- - 12 HEAVY INDUSTRIAL 1' r;� oma; �� ��"a ��3 111,// �, ©,a araallUill o�� S SHORELAND � a �igqi'p iiiFLOODPLAIN DISTRIC 111 a qQ: 7• 6 c, \'. 1 I 1 10, 9 8 13 _i ® ..:.EXHIBIT B - •- - -- ® � 4 10 2 101IRS' ' 2 6 7 8 N 4 4 5 ' o S6 2 t 3 1 ill RI. 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I -3T —1 r 317 2 3 4 i 5 2 3 ' 4 = i • _ c 5 2 , L. 5 2 I t ON l A0 1 i 2NO 7TH S- 298 ' I 303 , 2 1 3 4 2 a 7 _ 0 9 3 7 5 1 '0 B 6 i 0 9 1 305 I -- 3I � le _ �N 313 � 31€ I --- � i, , � ERS �, ! .. cv % M r- - ^ 2 ? c 3 5 , i C % 1 j c� r"- 1 _ - — — -- — -- — - i � N J ; v‘ 1 , co- c CERT '!.,,.0. 3i i ERT - LT jui411-1, l..I kjii 0-1 161-04-v. 209 I i .....1 r Y\'''S Le42111.1Y1C,t.16‘r--5 A4 bOrri0, ' --- 2 r\:-.7,)C,-c..--' • PRELIMINARY PLAT g to . 1 .-rtie Souniceot k....*. A- *Noy cteomo Aooir...4 t._8_I ___ -..) ; I ... _--- I 62.9t, Mwks 187.(Y) IC' Si,r_01,1() hotit-t:ob.s 1\1 W01 44 R. A .... / ---------- ----- 10,51,9 lir_._ . -7- _ .. _ ____ -----)-- • ._.__. 2 1 1 11 1 ..... _..........._____ §,,, _._.. ).1 I - 1\ qj ...... .. ... • '.-t I ) r t) 11 --.3 I I 7 .. • . ' i ) • 1 I g I I , 1 i ..-"''''''' 1 1 t ' rol I "N ko 1 w --c- \\,\>:\\*. I i 0 to 1 0, u z,.E, , ..4 0 (A 1 \ lc' I 0 \...---- , . # ., .. 1 ) .... 2 i U--x tsTikic., ; to 715 t.. 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LERIEMONDIE'S (EAST SHAKOPEE) • KNOW ALL MEN BY T:;RSF: /'1 Y."XX.:E:'l:: •�l.;F.' hams C DuBois, .iuSbl, V 6.:'•..•�..t i•: purcauacr of tau fol. p Southerly line of MACEY SECOND ADDITION to w.tl; O H --�\ 182.98 N 88°07'44"E 0--. __ 'r,lat pati of Inu meas. 18299 deed 228.2 MACEY SECOND Ann W 10i___ - T__—.__-- -----• 10 Thal part of ulu / W �y I 22, Scull Chun of Marks( Sito:i (EAST StIAKOpER); I 4" ( fool 10 Lho uur1. H0 0 Pacific Railway; W 0 0 I 1 �� I N Marko! nnatn,•,a F- dap 10 /.,P N z "-� M!t rl:+! fil r..ul u wP m I �_I m -_ .- -- _ .,I' hold htu.l. ::!! A. O ` '' A41 Thu! ,.a l'I'Ir'y M.nur O W Q - �. I,:,�i,•'' Nlluatn,) is : I— it 0 7.; _ Ou!,ut If, MILt•,'n WL._ N89°5719 W J ) F- e�1 N V t liavo nrul,vll I:,u NI!mu Y 4 �V - — — ' _ 1 W i_ ) •lo.lt rntn 14., pohl O i:. ..-1- t- _ __ 9 to �Or (0 I82.99 �1 10 r - _ . 1 lb wilm:an 10.111.0.1 ..u. Cr 0 I 9 duJ uJ Q ~ 0u — W 0 c Y G 'A I 0- - reQ W M I v I Z N c.__- lune A. Thais ~ M O C3' 2 Y ; O 0 W ,A 0) I `a' I o STATE OP MINNESOTA W10 COUNTY OF SCOTT Z .I �P O I - : J 0 o L_i.J Toe i'orugoing instruln.•. cn F- ' ,-'r is lune A. mots, u s: • a 4 1 �` I c % /I,M 1-_�/ ___ N 89°57'19"W _ — ---J • T sW 10 ch __ iea—.Il— •,I----- .� 10 1 N 3 9 • e 6 Chic_ �o`/ W 7,Ae Do/ Nl/ hej/y 1�` In witness wneiroot eai. o• /W��4 R/yf -------) their hands this _ ///IC) / /Se'?0400 ,11,,S/,oma//oec,.: O 0 I; ! I. `w/$ °/ q • c=-- 0 0 I /pi/ , J , g 4666 o0; Np° Oto c=-- Z I '/ •/�'`•L�i .� / 3S%S„w RO/%o0 I. John J. DWloial M �i1 / e d N Ns� ' 011110-r°s9 : I N 88°07'44"E 0�T4' -..9" , �-_—.---- T -- ---� 2 I. IV 96 �' 183.17 N 89°26'16"W 4 -- 52I° ' STATE ON MINNESOTA /` /i „ 6s 3.`�`.. COUNTY OF scary /1 . / . 2, F �' /,t.,r :f / _ /s. Thu foregoing Oat;•wo e .l. V /,,,-....•<•.,..j t'•, `r•. '. :/ ��;• Fpr by Joint J. DuBois and . i .n 0 30 60 90 / ........... SCALE IN FEET ' i/4 In witness whereof sal.. oNA111146 ORIENTATION o Tao f.,.,I Ilya of Market Streit: S n).•i.,uanto.i .,.,ti .1 a,;,:,3,'.1 .,.r.u. .'i N n° uY' a" K r 2.ffary Monnena STATE ON MINNESOTA COUNTY OF SCOTT 4DonoLo,i i.,..., ...:.. „l„ T.,o f.,rogutng inat.romo, 0 Douoiaa A i.1eo .:, ., I,,Oo Iron i;,:, ).1_-___ 4y ,..•t i,•.'y hi iLz MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Senior Planner RE: Preliminary Plat for Orchard Park DATE: October 4, 1994 INTRODUCTION: Mr. Gary Laurent of Laurent Builders, Inc., has submitted an Application for Approval of the Preliminary Plat for Orchard Park. The proposed subdivision is located east of the CR 77 and south of Vierling Drive. The proposed plat covers 31.9 acres. The property is currently located in Jackson Township and is in the middle of the annexation process. It is anticipated that the property will be zoned R-2 (Urban Residential) after the property is annexed. (See Attachment 1). DISCUSSION: At the request of the developer, the Planning Commission considered waiving the City's past practice of limiting the number of two family dwellings to only 10% of the lots in a subdivision. This practice has been based on tradition and is not required by any city codes. All proposed uses are permitted uses in the R-2 District. The developer and staff noted that the proposed subdivision is somewhat unique in that it has significant amounts of its land controlled by large utility easements. Staff noted that in order to develop at planned densities and to avoid underutilizing the MUSA allocation based on those planned densities would be difficult without some level of twin home or other mid-density development. The developer also indicated a desire to create a street with twin homes on both sides of the street to increase the compatibility of the residences. Finally, the developer noted that in residential subdivisions along the Bypass, the City has frequently considered mid-density residential development to be desirable. ALTERNATIVES: 1. Approve the preliminary plat, subject to conditions. 2. Modify the recommended conditions and approve the preliminary plat. 3. Deny the preliminary plat. 4. Table the decision for further information from the applicant and/or staff. RECOMMENDATION: The Planning Commission recommended that the Application for Preliminary Plat approval for Orchard Park be approved as recommended by staff with the elimination of condition#9 in order to allow more twin homes than 10% of the lots. Staff has prepared the attached Resolution in accordance with the Planning Commission's recommendation and this would be alternative 1. ACTION REQUESTED: Offer.Resolution No. 4092, a Resolution Approving the Preliminary Plat for Orchard Park, and move its approval. 2 RESOLUTION NO. 4092 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR ORCHARD PARK WHEREAS,Laurent Builders, Inc. is the owner of said property; and WHEREAS,the property upon which the request is being made is legally described as follows: That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 115, Range 23 lying easterly and northerly of the following described line; Commencing at the Northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 84 degrees 26 minutes 44 seconds East, assumed bearing, along the north line of said Southwest Quarter of the Southeast Quarter a distance of 50.29 feet to the right-of-way line of Parcel 51 A, Minnesota Department of Transportation Right Of Way Plat No. 70-20, and the point of beginning of the line to be described; thence South 00 degrees 34 minutes 55 seconds West along said right-of- way line, a distance of 826.75 feet;thence South 09 degrees 06 minutes 44 seconds East a distance of 202.24 feet; thence South 57 degrees 38 minutes 18 seconds East a distance of 168.43 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 500.00 feet; thence North 65 degrees 35 minutes 12 seconds East a distance of 219.32 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 401.67 feet;thence North 89 degrees 45 minutes 34 seconds East a distance of 16.29 feet to a point on the east line of said Southwest Quarter of the Southeast Quarter and there terminating; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat for Orchard Park on September 22, 1994 and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the Preliminary Plat for Orchard Park, described on Attachment 1, is hereby approved, subject to the following conditions: 1. The developer shall enter into an access agreement so that no permanent access may be taken from County Road 77. Access rights shall be limited by dedicating to the City the access rights in an access agreement. 2. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. 3. The developer shall install necessary improvements along the southern edge of the plat, abutting the bypass as required by ordinance, based upon the information regarding noise impacts from MN DOT. 4. No final plats may be approved for any portion of this subdivision until such time as the property has been annexed and rezoned to R-2 or an equivalent zoning district. 5. Approval of the title opinion by the City Attorney. 6. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer systems shall be in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. Prior to approval of the final plat, final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. j. Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77. 2 7. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 8. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 9. Lot 12 in Block 2 shall be replatted into adjacent lot(s)to eliminate a landlocked parcel prior to final plat approval of the area that contains this lot. 10. The developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency(MPCA). If it is determined that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation(berms, sound barriers, climate control, etc.)to bring those structures into compliance with the MPCA requirements. 11. When final platted, all lots will be brought into conformance with the City's minimum lot width requirements. 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 3 MEMO TO: Shakopee Planning Commission FROM: Paul Bilotta, Senior Planner RE: Preliminary Plat for Orchard Park DATE: September 22, 1994 INTRODUCTION: Mr. Gary Laurent of Laurent Builders, Inc., has submitted an Application for Approval of the Preliminary Plat for Orchard Park. The proposed subdivision is located east of the CR 77 and south of Vierling Drive. The proposed plat covers 31.9 acres. The property is currently located in Jackson Township and is in the middle of the annexation process. It is anticipated that the property will be zoned R-2 (Urban Residential) after the property is annexed. (See Attachment 1). DISCUSSION: The Planning Commission and City Council have recommended an amendment to the City's Comprehensive Plan that would identify this area for Single Family development. The proposed R-2 Zoning district is consistent with that designation. The minimum lot size in the R-2 district is 9,000 square feet for a single family lot. City staff has worked extensively with the developer to modify the street layout with the intent of providing adequate access to the new residents while discouraging traffic volumes that might have a negative impact on the existing P &V Subdivision to the east. The property to the north of the site is the proposed Meadows West Subdivision. City staff has encouraged the two developments to work in a cooperative fashion so that street layouts are compatible and utilities will be provided to both parties. The County has indicated a general acceptance of the temporary access point on CR 77. This will be removed when adequate access is provided to the development. The development of this site has a number of constraints placed upon it by the limited opportunities for street access on the south, east and west sides. There are also very significant utility easements cutting across the site for electric, natural gas and drainage. The development abuts the proposed Shakopee Bypass and therefore the developer is required to take the steps necessary to mitigate noise impacts from that roadway. The developer has informed City staff that the necessary agencies have been contacted and the exact mitigation requirements are being determined. Although exact dimensions were not provided, it appears there are some lots in the subdivision that are either just above or below the minimum lot width requirements. Due to the scale, it is difficult to determine whether they are in or out of conformance. If any are out of conformance, it appears lots lines could be shifted slightly to provide the necessary lot widths at the time of final platting. STAFF RECOMMENDATION: Staff is recommending approval of the Application for Preliminary Plat approval for Orchard Park, subject to the following conditions: 1. The developer shall enter into an access agreement so that no permanent access may be taken from County Road 77. Access rights shall be limited by dedicating to the City the access rights in an access agreement. 2. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. 3. The developer shall install necessary improvements along the southern edge of the plat, abutting the bypass as required by ordinance, based upon the information regarding noise impacts from MN DOT. 4. No final plats may be approved for any portion of this subdivision until such time as the property has been annexed and rezoned to R-2 or an equivalent zoning district. 5. Approval of the title opinion by the City Attorney. 6. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer systems shall be in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. Prior to approval of the final plat,final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. j. Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77. 7. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 8. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 9. The developer shall not develop more than 10% of the lots with two-family dwellings. All sewer and water services necessary for two family dwelling s must be installed at the time the streets are constructed. 10. Lot 12 in Block 2 shall be replatted into adjacent lot(s)to eliminate a landlocked parcel prior to final plat approval of the area that contains this lot. 11. The developer shall submit a noise analysis to ensure that the proposed plat will comply with the noise standards established by the Minnesota Pollution Control Agency(MPCA). If it is determined that any of the lots would be in violation of these standards, the developer shall provide the necessary mitigation(berms, sound barriers, climate control, etc.)to bring those structures into compliance with the MPCA requirements. 12. When final platted, all lots will be brought into conformance with the City's minimum lot width requirements. ACTION REQUESTED: Offer a motion recommending to the City Council the approval of the Preliminary Plat for Orchard Park, subject to conditions, and move its approval. 3 • P . 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I I ♦ 1L I-. gZZ W tk4.-;..11 - 1.!....•/ . i -.... ..!., . : ' , , _ 1 a .r:. t.71r •' �— 11� � 3 Ig dd 1� _ f • • 1 il } y1 . r. r.l f. rrr �.. Iqr rM "M ' \\ /I� �' I 1 • '}• I-- i I S �•. f W i 1 r� r� r�11 V/ h , 1 1 " • .& w see w _ 202.2 ... M-rSS,b N -. 5 i1 s I� .�. Uvoa A1.Nn03 ( . i 41 Z o W f•N� ....V:5 W 41 6! IIi 7 . C i I 1 1 ? • • ♦I.♦ • 13A . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Community Center - Lifetime Fitness DATE: September 29, 1994 INTRODUCTION: A police background investigation and financial due diligence has been completed on Lifetime Fitness. The report findings would indicate that it would be appropriate for City Council to consider utilizing the services of Lifetime Fitness for planning and design services associated with the proposed Community Center Project. BACKGROUND: In mid-August, staff presented City Council with a proposal to utilize Lifetime Fitness to complete a scope of services including the development of a site plan, preliminary floor plan, three year operating proforma, market analysis and building construction cost estimates. At that time, it was the consensus of City Council to complete a police background investigation on the principal partners involved with Lifetime Fitness, Inc. and a review of the financial condition of Lifetime Fitness, Inc. City Council subsequently selected to use Springsted Financial Advisors Group to preform the financial due diligence. Shown in Attachment #1 is a copy of the report completed by Springsted. The report identifies several area of possible concern. The report summary states that if the City is comfortable with the areas of risk and concern, the development of contractual arrangements should continue. Shown in Attachment #2 is a copy of the police background investigation that was completed by the Shakopee Police Department. The report basically concludes that the principal partners investigated are of good character. Shown in Attachment #3 is the proposed memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. The Memorandum of Understanding outlines the proposed scope of services that Lifetime Fitness would provide to the City of Shakopee at a fixed cost not to exceed a predetermined dollar amount. Since our last meeting on this subject, Lifetime Fitness has had time to further refine their costs associated with providing the outlined scope of services as compared to their current workload of activities. While a final cost quotation was not available as of late Friday, staff expects that the cost will be between $20, 000 and $30,000. Staff believes that a price quotation within this range would be reasonable for the amount of work to be completed. Lifetime Fitness officials have stated that they believe this phase of the project could be completed prior to November 11th. Upon completion of the scope of services identified in the Memorandum of Understanding, City Council will evaluate whether or not it would be appropriate to proceed with a final facility design. It should be noted that Lifetime Fitness has expressed interest in facilitating the final project design and bid specification preparation (Architectural services) as well as project overview during construction (Phase II) . Once the facility is complete, there may also be the possibility of developing an operational services agreement with Lifetime Fitness (Phase III) . Staff is recommending that the appropriate City officials be authorized to execute the Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. The Shakopee Park & Recreation Advisory Board went on record in support of the Memorandum of Understanding this past August. ALTERNATIVES: 1. Recommend to City Council that the appropriate City officials be authorized to execute the Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness. 2 . Do not utilize the services of Lifetime Fitness. 3. Table action pending further information from staff. 4. Direct staff to review construction management firms and recommend a firm to City Council for consideration at their next meeting. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Move that the appropriate City officials be authorized to execute the Memorandum of Understanding by and between the City of Shakopee and Lifetime Fitness for planning and preliminary design services associated with the proposed Community Center project. BAS/tiv Attachment #1 S P R I N GST ED 120 South Sixth Street Suite 2507 PUBLIC FINANCE ADVISORS Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (612) 349-5230 Home Office 85 East Seventh Place Suite 100 16655 West Bluemound Road 290 Saint Paul, MN 55101-2143 Brookfield,Suite WI 53005 5935 (612) 223-3000 (414) 782-8222 Fax (612) 2223-3 3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 1850 K Street NW Suite 215 Washington, DC 20006-2200 September 27, 1994 (202) 466-3344 6 Fax: (0202) Mr. Barry A. Stock Assistant City Administrator City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Re: Lifetime Fitness Financial Analysis Dear Mr. Stock: Per your request, Springsted Incorporated has conducted a financial analysis of FCA, Inc., doing business as Lifetime Fitness. This analysis consisted of reviewing the historical financial statements and comparisons with industry data, as well as interviews with key company personnel, suppliers, lenders and investors. The overall comments are summarized at the end of this report, along with areas of concern which should be carefully considered by the City of Shakopee. Please note that although this report has thoroughly reviewed the available data, it is not a guarantee of future financial performance by the company. Furthermore, all information provided by the company was either verbal or derived from compiled and unaudited financial statements. Springsted cannot verify the accuracy of this information. General Description of Company The company was incorporated in 1990, with primary business activities beginning in 1992. The company is engaged in developing and managing health fitness centers for "serious" physical fitness enthusiasts and provides state-of-the-art facilities with an emphasis on customer service. The company currently owns and operates facilities in Eagan and Brooklyn Park, and owns, but does not operate, a facility in Fridley. Key Personnel Mr. Bahram Akradi is the President of the company and is the key person in its operation. Mr. Akradi was a vice-president of U.S. Swim and Fitness and facilitated its expansion until its purchase by the Bally Corporation. Mr. Akradi was contractually restrained from developing competing facilities until 1991. His current intentions are to expand the company's revenues September 27, 1994 Page 2 until it is an attractive acquisition candidate. Mr. Akradi's involvement with the company includes facility design, marketing, financial management and operations. Stockholders The company stock is held by the following persons. The quantities are approximations represented by Mr. Akradi. Mr. Bahram Akradi 50% Mr. Wheelock Whitney 12% Eagan LTD/Mr. Byron Watsky 11% Dr. J. Eckert& Group 8% Mr. John Driscoll/Weyerhaeuser Family 5% Others (5+) 14% Key Financial Data Balance Sheet Summary The company's cash position grew significantly in 1994 due to the advance initiation fees sold for the Eagan facility, which opened in September, 1994. This expansion also added over $5,000,000 of fixed assets to the balance sheet. Since the company is a service business with customer prepayments and the resulting accounts receivable, inventory, accounts payable and accruals are low and generate little concern over the company's current working capital or liquidity conditions. The company's fixed assets also show a significant amount ($1.8MM+) of construction in progress, which reflects the company's interim financial reporting period (7/31/94 of a calendar fiscal year) and the state of completion of the Eagan facility at that time. The company's primary long-term debt for the Eagan facility (-$3.6 MM) was provided by First Bank and is personally guaranteed by Mr. John Driscoll, one of the stockholders. The company also has a $750,000 SBA 7(a) loan from Signal Bank. Profit and Loss Statement The company's sales have grown significantly each year and reflect the rapid expansion in facilities and clientele. The sales come primarily in the form of initiation fees and monthly memberships, with some residual income from the Fridley facility rental revenue and licensing of some of the company's proprietary products and services. The company's gross margin has dropped significantly each year; however, the nature of the company's operations has differed extensively in the three years and it is difficult to draw conclusions or generate predictions about future gross margins. The current year has significant presales from the Eagan facility along with significant startup expenses. Nevertheless, the company has generated $272,000 of profits in the first seven months of the year. Comparison with Industry Data We have compared some of the company's key financial ratio's with the Robert Morris Associates (RMA) Annual Statement Studies (1993 edition). This data base consists of financial statements submitted by lenders in approximately 400 categories. The SIC category September 27, 1994 Page 3 chosen for comparison purposes was #7991, Physical Fitness Facilities. RMA clusters companies in five groups based on their sales volume. The $1-3,000,000 sales category was chosen for this analysis. The company's gross margin, or the direct costs of goods sold/sales, was 108%, 58% and 48% for the last three years, as compared to the RMA percentage of 88%. This increased efficiency over the industry average may be due to the Eagan startup period or due to the rent and depreciation expenses exclusion from the ratio. The company's operating profit/sales for the last three years were -28%, 34% and 35% as compared to the 12% RMA average. The earnings before tax/sales percentage was -72%, 4% and 17% compared to the 11% RMA average. This ratio eliminates any accounting or reporting biases and reflects the companies excellent attainment of profits. The company's debt/equity ratio was 1.82, 0.70 and 1.30 compared to the RMA average of 2.1. The debt/equity ratio measures the degree of external financing compared to owner financing and reflects the degree of "leverage" of the company's equity. The company is less leveraged than industry averages. Summary of Financial Condition The company has experienced rapid growth in sales and capitalization, yet has shown control of its operating margins within this period. The company's quick attainment of profits is consistent with the competitive advantages described by the company's references (see next section). Although the company's initiation fee and membership revenues are growing rapidly, there is too short a history to predict future sales. Some of the company's stockholders have significant wealth (Forbes 400 Families) and at minimum, will be available to consider future investment, should the company require future equity capital. Based on the company's recent history, future capital needs would likely be required due to facility expansion rather than to cover operating losses. Company References Contacts were made with a company stockholder, lender, supplier, public official, and builder. All references described the company and Mr. Akradi as having great integrity, professionalism, knowledge, and competitive advantages. Frequent statements described Mr. Akradi as "the most knowledgeable person in this industry in the country" and as "always accomplishing what he says he will do." Many of the references stressed the company's focus on customer service and satisfaction. Areas of Concern/Risk Springsted has identified a few key areas of concern whose resulting risks need to be carefully considered by the City of Shakopee. 1. Although the company has performed well during its brief history, this company is exposed to the common risks to new ventures; rapid growth, changing markets, and concentration of expertise in one key individual. As a general rule, new and emerging ventures involve greater risk and uncertainty than mature companies. 2. The City of Shakopee is considering the engagement of Lifetime Fitness in a management capacity of a public facility. To some extent, this facility could ultimately compete with future private facilities developed and owned by Lifetime Fitness. This potential conflict should be September 27, 1994 Page 4 resolved to the satisfaction of the City and the company prior to any engagement of the company. 3. The City is considering the engagement of the company into a development and service contract into which the company has no equity investment. This operation will "compete" for management "attention" with facilities the company owns. Appropriate incentives need to be offered to the company to allow the Shakopee facility to warrant as much attention as facilities in which the company has invested its equity. Without this consideration, the company's considerable expertise may not be fully focused on a successful Shakopee operation. 4. The company has primarily marketed its facilities to adult physical fitness enthusiasts. The Shakopee facility will be targeted at families. There may be differences in the clientele that could require different services. 5. The company, although highly service oriented, is also profit motivated. They may not be accustomed to public decision making processes that are not profit oriented. Their familiarity with the public process has not been documented. Summary Lifetime Fitness has attracted considerable debt and equity investment and generated significant sales and profits in a brief period. The company President is highly regarded and has a demonstrated track record with a similar company. Some of the company stockholders have considerable wealth and although not guaranteed, are at least capable and available to consider the protection of their existing investment should future losses occur. As stated previously, there is no guarantee of the future performance of this company. Early and historical performance indicates a solid company that should be considered to serve the City. If the City is comfortable with the areas of risk and concern described above, the development of a contractual arrangement between the City and the company should continue. Sincerely, Gary L Fields Vice President cc: Mr. David N. MacGillivray Attachments SPRINGSTED INCORPORATED SPREADSHEET ANALYSIS (000'S) Company Name: LIFETIME FITNESS Address: #of Months 12 12 7 Date (Mo./Day/Yr.) 12/31/92 12/31/93 07/31/94 BALANCE SHEET Cash & Mtable Securities 19 411 580 Receivables 3 5 25 Inventory 0 3 3 Notes Receivables 0 32 28 Prepaid Expenses 0 2 7 Notes Receivable - shareholders 0 0 208 0 0 0 CURRENT ASSETS 22 453 851 Net Fixed Assets 643 590 3,133 Intangibles 0 0 11 Other Assets 0 0 26 Const. In Process 1,826 TOTAL ASSETS 665 1,043 5,847 Short Term N/P - Bank 0 0 0 Notes Payable - Other(accrued rent) 76 34 34 Accts. Payable 69 20 162 Accruals 16 27 60 Taxes (Income) 0 0 0 Current Portion LTD 58 67 67 Accrued Interest 0 0 13 Deferred Dues 0 0 59 CURRENT LIABILITIES 219 148 395 Long Term Debt 210 179 2,821 Subordinated (Officer) Debt 7 0 1 Deferred Rent 0 102 82 TOTAL LIABILITIES 436 429 3,299 Common Stock 229 358 2,000 Capital Surplus 0 613 613 Retained Earnings 0 (324) (65) (Less) Treasury Stock 0 33 0 Total Net Worth 229 614 2,548 TOTAL LIABILITIES & NET WORTH 665 1,043 5,847 Contingent Liabilities Total Assets - Total Liab. & N.W. = 0 0 0 All financial data was derived from company compiled financial statements. PROFIT& LOSS STATEMENT #of Months 12 12 7 RMA 7991 Yr. Ending 12/31/92 12/31/93 07/31/94 P. F. Facilities Sales 318 1,179 1,579 - COGS 342 685 761 =GROSS PROFIT (24) 494 818 - Selling, Gen. &Admin. (SGA) 64 93 263 = Operating Profit (88) 401 555 - Officer(s) Salary 6 2 24 - Depr. Exp. 73 110 73 - Interest Expense 6 20 36 - Rent 77 241 160 + Other Income 21 19 10 =EBT (229) 47 272 - Income Tax 0 0 0 = PAT (229) 47 272 COGS/SALES % 107.55% 58.10% 48.20% 87.60% SGA/SALES % 20.13% 7.89% 16.66% OFF.COMP./SALES % 1.89% 0.17% 1.52% OPR. PROFIT/SALES % -27.67% 34.01% 35.15% 12.40% OTHER INC./SALES % 6.60% 1.61% 0.63% EBT/SALES % -72.01% 3.99% 17.23% 10.90% PAT/SALES% -72.01% 3.99% 17.23% OPERATING CYCLE + Days Receivable 3 2 3 14.00 + Days Inventory 0 2 1 - Days A/P 73 11 45 - Days Accruals 17 14 17 = Operating Cycle (86) (22) (57) RATIOS % of Sales Growth 270.75% 129.59% Profit (% of Sales, annualized) -72.01% 3.99% 29.53% D/E Ratio 1.82 0.70 1.30 2.10 Working Capital (197) 305 456 Current Ratio 0.10 3.06 2.15 Quick Ratio 0.10 2.81 1.53 RECONCILIATION OF NM/ Ending N/W 614 2,548 - PAT 47 272 - Beginning N/W 229 614 = NEW EQUITY 338 1,662 CAPITAL EXPENDITURES Ending Net Fixed Assets 590 3,133 + Depreciation 110 73 - Beginning Net Fixed Assets 643 590 = CAPITAL EXPENDITURES 57 2,616 Attachment #2 To: Chief Tom Steininger From: Detective Russ Lawrence Date: September 16, 1994 Re: Life Time Fitness Bahram Akradi Abdollah J. Javidan William James Garlick 94-6564 , 09-14-94 All interviews with the principal parties were tape recorded by myself and in regards to data privacy issues, records obtained will be retained by me, as well as the tape recordings. On 09-06-94 in the afternoon hours I was requested by Chief Steininger, from the Assistant City Administrator Barry Stock, to do a background check on the above listed business. I was furnished a release form signed by the three principals of the business Lifetime Fitness, another sheet with addresses of business, two pages of personal and business references furnished by Lifetime. After obtaining some basic information on the individuals through police resources, the first appointment I had was with: William Garlick. I met with him in Eagan at the current business on 09-08-94 . All questions asked by myself were answered openly. I knew most of the answers before I asked them and the answers coincided with what I had found out about either the business or him personally. Due to the fact that Lifetime Fitness had a grand opening for their Eagan facility, the next time I was able to talk to principal parties, Bahram Akradi and Abdollah J. Javidan was on the following Tuesday afternoon, 09-13-94 . All questions asked of Bahram and Abdollah were answered very openly. They shared more information than I was requesting. Most of the questions that I asked I already knew the answers to, and they answered them openly both concerning themselves personally and professionally, and everything in regards to the business also. There was also one other business partner that is not listed on the sheet furnished to the city originally and that individual is the vice president of sales. His name is Joseph Allen Hall.dob/06-25- 65, who I interviewed by phone and did not tape record. He is a minimal partner. He resides at 6052 Dupont Avenue South, Minneapolis, 55419, home phone: 866-6702 , SS # 471-96-9166. He has been with the company and Bahram since about 1989 . He is a single individual who does his personal banking with Riverside in Edina, MN. After obtaining his name and talking with Mr. Hall, I also did the routine personal and business checks on him. All checks not noted prior to this, there was no significant problems either personally or professionally with any of the individuals in regards to the companies that they work for or are part of. I did find that Bahram is personally responsible for all bills and any loans that are existing. He has a very impressive group of investors that have backed him in his business adventures. I did contact the business references listed and those that did make contact with me and those that I spoke to had nothing negative to say about Bahram or any of his business dealings under the various business names that he has operated under since approximately 1986. They assured me, that the corporation papers are all filed with the state with all the partners listed. They will furnish them to the city upon request. They listed verbally to me various facilities that they have constructed or been very involved with in Minnesota, the Gregor/Phoenix area and in Colorado. At the cities request they will furnish any documentation that is necessary. The company Lifetime Fitness, according to the partners, has never been in conciliation court or had any mechanics liens attached. There had been some personal ones previously that have all been satisfied and I have the documentation for that. Due to the fact that Bahram and Abdollah are from Iran, routine INS checks were done. INS computers showed some discrepancies, of which after I personally talked with the two individuals, got their new "A" numbers, ran them again through INS and they are permanent residents and their reasons for this are retained by myself also. One of the business partners, Garlick, did have a hit on a criminal history. That was explained to me and it was a Minnesota case, and I did not see any problems with the city doing business because of this one discrepancy. The four individuals that are partners in the firm, with Bahram being solely financially responsible for the business, were very open about any past histories they have and there was nothing in any of the histories that would warrant the city not doing business with them. Contacting the business references, which I have hand written notes retained in my files, they have always been very timely with their bills. Some business contacts go back to the mid 80's and there have been no problems with payments being made promptly and in a timely fashion. Through one bank facility it was through equipment loans and they did not hesitate to promote Lifetime Fitness. It may be noted that from one reference, Mike Zink, from Riverside bank, who is the senior vice president, that he made the comment that when Bahram says that he can do it, he does do it, and is very timely even when time constraints seem to be very difficult for completion of tasks. Due to time I did not make any contacts with the personal references listed on the sheet, six persons, as the city appears to be more concerned with their business dealings than with their personal lives, I didn't delve into that any deeper than was necessary to find that they were of good character. Attachment #3 MEMORANDUM OF UNDERSTANDING The City of Shakopee desires to utilize the services of Lifetime Fitness for planning and design services associated with the proposed community center project. Project Understanding The City of Shakopee desires Lifetime Fitness to complete a variety of tasks associated with a proposed community center on a 27 acre parcel of land, Southwest of the existing High School, between CR- 77 and CR-79 in Shakopee. The components to be included in the proposed community center are shown in Exhibit A. The City desires the conceptual design phase to include component program analysis, preliminary floor plan and preliminary cost estimates which adequately define the concept. The City also desires Lifetime Fitness to complete an overall site conceptual plan. Lifetime Fitness is also requested to complete a financial operating proforma for the facility. The study is to be completed by November 11th, 1994. The City has allocated $6 Million to cover all costs associated with this project including consulting fees, engineering, architectural services, construction, grading, design, furnishings, landscaping and equipment costs. Scope of Services 1. Review the proposed site and prepare an overall site concept plan. (The City is to provide site topography and survey. ) 2 . Determine and document with schematic drawings (site plan, floor plans and building elevations) . Note: City will provide plans and specifications for ice arena portion of facility for reference purposes. 3. Provide a complete budget cost estimate that defines the proposed project. The budget should specify costs for each project component separately. 4. Complete a three year operating proforma for the proposed project. 5. Complete a market analysis to determine the feasibility of said project. 6. Attend necessary meetings with the City Council, Park & Recreation Advisory Board and City Staff to address design and cost factors associated with the project. Compensation Lifetime Fitness is to provide the above scope of services for a fixed cost not to exceed $ The following parties hereby agree to accept the terms and conditions set forth herein: Lifetime Fitness Date Mayor City Administrator City Clerk Date TAMI\ADMIN\LIFETIME.MEM Exhibit A Community Center City Facility Components Sq. Ft. 1. Gymnasium (Two Court with dividing curtain) 10, 000 2 . Cantileavered :Running Track 1/10th mile 3 . Meeting Rooms (1000 sq.ft. ea) 4, 000 4. Mens Locker 1,500 5. Womens Locker 1, 500 6. Family Changing Rooms 500 7 . Lobby/Front Desk/Lounge/Commons/Gathering Space 3, 000 8 . Aquatics Area (Liesure Pool/Waterslide/Water Features/Separated .Lap Swim/Whirlpool (Six Lane 25 yrds) Pool Office and Storage) 13 , 000 9. Staff Offices 1, 000 10. Concession/Snack Area 900 11. -Kitchenette 400 12 . Cable Studio - 500 13. Miscl. Storage Space 1000 14 . Site Grading/Parking Lot/Utility Services/Landscaping 15. Ice Arena 85 ft. x 200 ft. regulation rink. Four hockey locker rooms Staff Office/Skate Rental Room Mezzanine 16. Raquetball Courts (Two) 1, 600 17 . Aerobics Room 2, 000 18 Cardiovascular Area 2, 000 19. Weight Room 2,000 20. Daycare Room 1, 000 21. Outdoor Play Area (Playground Structure) 22 . Sauna 200 23 . Athletic Fields/Backstops/Safety Fencing (Site design to determine number of fields and type) 10/03/1994 07:05 6129470077 LIFETIME PAGE 02 # j3 a . LIFE October 3, 1994 Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street South Shakopee,Minnesota 55379 Dear Barry, After reviewing the scope of services that were listed as items 1-6 of the memorandum of understanding,we have estimated well over 300 hours of work between architects, Abdi Javidan and myself. We estimate three to four weeks for completion from the time you give us the go ahead. In order to help you with an estimated cost you can rely on,LIFE TIME Fitness will agree to a set fee of$25,000, and will agree to assume all reimbursables. PIease call me for any furthur questions. Yours in health, / Bahram Akradi President 6442 CITY WEST PARKWAY,SUITE 275 • EDEN PRAIRIE • MN • 55344 • PHONE 612.947.0000 FAX 612.947.0077 3 6 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Lion' s Park Warming House Improvements DATE: September 27, 1994 INTRODUCTION: The Shakopee Hockey Association has approached City staff with the concept of remodeling the former ice bubble building for a permanent warming house facility. On Monday, September 26th, the Park & Recreation Advisory Board moved to recommend to City Council approval of the remodeling plan and cost share arrangement . BACKGROUND: For many years warming house facilities at Lion' s Park for winter skating activities have been located in the swimming pool building. With the demise of the ice bubble, the equipment building that was formerly attached to the ice bubble could be utilized for a warming house. The building formerly provided space for restrooms and Zamboni/equipment storage . The Shakopee Hockey Association would like to continue storing the Zamboni at this facility. They are also willing to utilize the Zamboni to resurface the ice at Lion' s Park. Both the Hockey Association and staff believe that the proximity of the former ice bubble building makes more sense to utilize as a warming house as compared to the former swimming pool building. Persons utilizing the pool building have to cross the parking lot at Lion' s Park on skates to gain access to the skating areas . Utilizing the former hockey bubble building will eliminate this safety concern. Representatives from the Hockey Association and City staff have reviewed alternative designs for remodeling the former ice bubble building. Much of the space as currently configured is being occupied by the Zamboni and equipment storage . Representatives from the Hockey Association are proposing that the interior of the structure be completely gutted to provide better use of the facility. Estimated costs for the improvements range between $9, 000 . 00 and $11, 000 . (Demolition/Construction - $6, 000 , New Furnaces - $2000 , External Light Switch Trenching and Outdoor Timing Device - $2000, Electrical $500, Misc . - $500) . The Hockey Association is offering to cover 50% of the redevelopment costs . They are requesting that the City of Shakopee cover the remaining 50% . It should also be noted that the Hockey Association has exhausted all opportunities for obtaining additional funds from other private organizations to offset redevelopment costs . Mr. Mark Pidde, Vice President, Shakopee/Prior Lake Hockey Association will be present at our meeting to discuss the proposed rehabilitation and funding proposal . The 1994 budget does not provide adequate funds to cover the City' s share being requested by the Hockey Association. There is approximately $2, 000 . 00 within the existing Parks Division budget to cover a portion of the City's share. The remaining balance could be allocated from the Park Reserve Fund, General Balance or Contingency. The Park & Recreation Advisory Board is recommending that we proceed with the building improvements and cost share arrangement proposed by the Hockey Association with the City's funding to be allocated from the Park Division Budget and Park Reserve Fund. ALTERNATIVES: 1. Recommend to City Council that the former ice bubble equipment/storage building be remodeled to serve as a warming house with funding to be allocated from the 1994 Parks Division Budget ($2, 000) and Park Reserve Fund ($3, 000) . 2. Recommend to City Council that the former ice bubble equipment/storage building be remodeled to serve as a warming house with funding to be allocated from the 1994 Parks Division Budget ($2,000) and General Fund Balance ($3 ,000) . 3 . Recommend to City Council that the former ice bubble equipment/storage building be remodeled to serve as a warming house with funding to be allocated from the 1994 Parks Division Budget ($2,000) and Contingency ($3,000) . 4. Do not pursue remodeling of the former ice bubble building at this time. 5. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move that the former ice bubble equipment/storage building be remodeled to serve as a warming house with funding to be allocated from the 1994 Parks Division Budget ($2,000) and Park Reserve Fund ($3,000) and authorize staff to cost quotations and proceed accordingly. BAS/tiv MEMO TO: Dennis R. KLINgstrator FROM: Barry A. Stock, Assistant City Administrator RE: Murphy' s Landing - Scott County - Quit Claim Deed DATE: September 29, 1994 INTRODUCTION: This past June the Shakopee City Council requested the appropriate City officials to contact Scott County to determine if they would be willing to transfer property that was currently under their ownership to the City of Shakopee lying within Murphy' s Landing. BACKGROUND: On September 20, 1994 the Scott County Board approved execution of a Quit Claim Deed to the City of Shakopee for the transfer of Murphy' s Landing property to the City of Shakopee on behalf of the Historical Society. It would be appropriate at this time to authorize the appropriate City officials to execute any and all documents associated with the Quit Claim Deed. With the deed in hand, the City is now free to execute the necessary documents with the Minnesota Department of Natural Resources (DNR) related to the establishment and completion of the trail through the Murphy' s Landing site . It should also be noted that the deed transfer specifies that the City will be holding the property in trust for the Historical Society or its successor in interest . In other words, if the City ultimately selects to sell the property it would revert back to the Historical Society or its successor in interest . The DNR will be approaching the City within the next several months with a request to grant a permanent easement through the Murphy' s Landing site . This easement agreement will require official Council action at a later date . ALTERNATIVES : 1 . Authorize the appropriate City officials to execute the necessary documents associated with the Quit Claim Deed for the transfer of Murphy' s Landing property to the City from Scott County. 2 . Table action pending further information from staff . 3 . Do not accept the Quit Claim Deed. STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to execute the necessary documents associated with the Quit Claim Deed for the transfer of Murphy' s Landing property to the City from Scott County. BAS/tiv MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne0 DATE: September 26, 1994 RE: Murphy' s Landing Sublease BACKGROUND: Murphy' s Landing has been approached by Paper Warehouse, which would like to hold a Halloween theme event at Murphy' s Landing each year. This did not entirely fit within our existing lease with Murphy' s Landing, and therefore we amended the lease. The City' s lease with Murphy' s Landing is for a period of three years. Paper Warehouse intends to expend several thousand dollars in preparing the Halloween theme event, and will not be able to recoup their investment if they are forced to vacate by 1997 (when the present Murphy' s Landing lease ends) . They are asking the City to sign the attached Recognition and Non- Disturbance Agreement . It will allow them to remain on the site for a minimum of twenty-five years. ALTERNATIVE: 1 . Authorize the appropriate City officials to execute the Recognition and Non-Disturbance Agreement . 2 . Recommend changes to the Recognition and Non-Disturbance Agreement, and move to table while staff pursues the changes. 3 . Decline to enter into a Recognition and Non-Disturbance Agreement . RECOMMENDATION: Move to authorize the appropriate City officials to execute the Recognition and Non-Disturbance Agreement . [2 3MEMO2] 89/38/94 11123 IT 612 831 1693 J SMITH'R KORSH P.03 9/30/94:IV , I RECOGNITION AND NON-DISTURBANCE AGREEMENT This Agreement,made and entered into as of the day of October, 1994, by and between the City of Shakopee (hereinafter referred to as the "lessor under the Primary Lease" or the "Primary Lessor"), Minnesota Valley Restoration Project, Inc., d/b/a Historic Murphy's Landing(hereinafter referred to as the lessee under the Primary Lease" or the "Landlord")and Paper Warehouse Inc., a Minnesota corporation (hereinafter referred to as the "Tenant under the Sublease" or the "Tenant"). WHEREAS, the Primary Lessor has entered into that certain lease with the lessee under the Primary Lease dated March 18, 1994, and all amendments, modifications and supplements thereto (hereinafter referred to as the "Primary Lease") for the Premises described in the attached Exhibit A(hereinafter referred to as the "demised premises under the Primary Lease"); and WHEREAS, Landlord has subleased to Tenant a portion of the demised premises under the Primary Lease (hereinafter referred to as the "Demised Premises") pursuant to the terms of that certain Sublease Agreement dated October , 1994 (hereinafter referred to as the "Sublease"); and WHEREAS, the Tenant under the Sublease will make a substantial investment in the improvement of the Demised Premises; and WHEREAS,the parties have agreed to allow for the Tenant under the Sublease to remain on the Demised Premises for a period of time beyond the term of the Primary Lease in the event of its tannin/Moo or non-renawat prior to NovoIObet 15. Woos. NOW, THEREFORE, in consideration of mutual rights, responsibilities and covenants herein setforth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows, to wit: 1. The Primary Lessee hereby consents to and recognizes the validity of the Sublease Agreement and agrees not to disturb the tenancy of the Tenant thereunder as long as the Tenant pays its rent and otherwise is not in default of the Sublease. 2. Notwithstanding paragraph 7 of the Primary Lease, in the event of default by the lessee under the Primary Lease, or in the event the Primary Lease is terminated or not extended for any reason, the Primary Lessor hereby agrees that it shall continue to recognize the Sublease as a direct lease between the Primary Lessor and the Tenant and that the Tenant's use, possession and enjoyment of the Ii 09/38/94 11124 E 612 831 1693 J SMLTH/R KORSH P.04 Demised Premises shall not be interfered with for a period of twenty-five (25) years from the date hereof, so long as no default exists under the Sublease. 3. Further, the Primary Lessor agrees that for a period of two (2) years following the termination of the Sublease that the Demised Premises will not be used for the purpose of a Halloween themed event as conducted by the Tenant on the Demised Premises. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first-above written. • THE CITY OFSHAKOPEE MINNESOTA VALLEY RESTORATION PROJECT, INC. LIT Gary Laurent, Mayor Shirley Olson, Executive Director By: By: Dennis Kraft, City Admin. By: By: Judith S. Cox, City Clerk PAPER WAREHOUSE INC., a Minnesota corporation By: Its: President -2- RBC(OMUR4,PW1 /3 Jv CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Authorization for City Administrator to Sign Fischer Aggregates, Inc. EAW Report Allowing Initiation of the Environmental Review Process DATE: September 30, 1994 INTRODUCTION & BACKGROUND: The required Environmental Assessment Worksheet(EAW) for the proposed Fischer Aggregates, Inc. sand and gravel expansion has been prepared. Fischer Aggregates,Inc. purchased the former N.B.Z. gravel mine located south of County Road 16 and west of County Road 83. In order for the Environmental Quality Board (EQB) to accept the EAW allowing for the initiation of the review process, the report must be signed by an authorized official of the City. The signature certifies that the report has been properly prepared, that all project components are described in the EAW as required by the EQB, and will be distributed to the appropriate review agencies. Staff has taken the appropriate actions to meet all three certification requirements. A copy of the EAW report for the proposed Fischer Aggregates, Inc. is available in the Planning Department for further review. ACTION REQUESTED: Offer a motion authorizing the City Administrator to sign the Fischer Aggregates, Inc. EAW report as required. LSE/pmp FISCHER CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Senior Planner RE: Environmental Assessment Worksheet for the Chaska Interceptor DATE: October 4, 1994 INTRODUCTION: On October 11, 1994, the 30 day comment period for the Chaska Interceptor Environmental Assessment Worksheet(EAW)will be ending. The City of Shakopee, as an interested party, was sent a copy of the EAW for review(Exhibit A). The RGU for this project is the Minnesota Pollution Control Agency(MPCA). This EAW covers only the first two stages of the Interceptor (Prior Lake Interceptor to west Right-of-way line of TH 169). Another EAW will be prepared for the third and final phase of the interceptor. DISCUSSION: These two phases of the Chaska Interceptor are to be constructed in right-of-way for the Shakopee Bypass. The TH101 Bypass corridor has already undergone an EIS, so most, if not all, above ground environmental concerns have been addressed during this process. The construction of the Chaska Interceptor will be coordinated with the highway construction to minimize negative environmental impacts that would result from the construction phase of the project. The one area of concern that differs from the highway project is the impacts that could result from excavation or the long term operation of the Chaska Interceptor. Specifically, these concerns are primarily in the areas of dewatering, bedrock removal and potential groundwater contamination. The EAW seems to indicate that the Metropolitan Council will be following current engineering and construction processes to minimize the potential for environmental damage. In addition, specific permits will be required from the Minnesota Department of Natural Resources(DNR), MPCA, Scott County and the City of Shakopee(see p. 3,Exhibit A). Staff believes the extra detail that will examined during the permitting process with further ensure that the environment will be protected from any significant negative impacts. Staff does have the following, relatively minor, comments that it believes should be answered or corrected, but it does not believe that they any of them will require an EIS. 1. Item 6 states "The proposed interceptor thus eliminates the need for future local trunk sewers south of the TH 101 Bypass". There will still need to be future local trunk sewers south of the TH 101 Bypass to carry wastes to the Chaska Interceptor. The Chaska Interceptor will also not carry wastes from the east end of Shakopee and therefore does not reduce the needs for sewers in this area. 2. Item 8 should also indicate a need to obtain a Certificate of Exemption to the Wetlands Act. If MNDOT has taken all of the necessary steps regarding wetlands as stated in the EAW, this permit should not be difficult to obtain. 3. Item 9 should state, "The St. Francis Regional Medical Center, a major regional medical facility, is planned for construction south of the intersection of the Bypass and Marschall Road." The project is not currently under construction but is in the planning and review stages. 4. Item 10 should indicate the ground cover types. If no changes are proposed in addition to those changes resulting from the construction of the Bypass, these should be readily available from MNDOT. ALTERNATIVES: 1. Make a motion indicating that staff should send a letter to the MPCA indicating support for a negative declaration on the need for an EIS for the proposed Chaska Interceptor Phase I and II. 2. Make a motion indicating that staff should send a letter opposing a negative declaration on the need for an EIS. This alternative would indicate support for requiring an EIS. 3. Provide no comment on this issue. RECOMMENDATION: Staff recommends alternative#1 that a motion be made indicating that staff should send a letter to the MPCA indicating support for a negative declaration on the need for an EIS for the proposed Chaska Interceptor Phase I and II. ACTION REQUESTED: Make a motion indicating that staff should send a letter to the MPCA indicating support for a negative declaration on the need for an EIS for the proposed Chaska Interceptor Phase I and II. 6 r Minnesota Pollution Control Agency .EXHIBIT A 0 sF p September • 9 19191 8, 1994 �' <S TO INTERESTED PARTIES Enclosed is the Environmental Assessment Worksheet(EAW) on Chaska Met Council Wastewater Service Interceptor- Stages I& II. The EAW was prepared by the Minnesota Pollution Control Agency (MPCA) and is being distributed for a 30-day review and comment period pursuant to the Environmental Quality Board rules... The comment period will begin the day the EAW availability notice is published in the Environmental Quality Board Monitor, which will likely occur in the September 12, 1994, issue. Comments received on the EAW will be used by the MPCA in evaluating the potential for significant environmental effects from this project and deciding on the need for an Environmental Impact Statement. If you have any questions on the EAW, please contact Craig N. Affeldt of my staff at 612%296-7796. Sincerely, ?ate IN-tor-- Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division PH:pnk Enclosure 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612)296-6300(voice); (612)282-5332 (TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall •Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 10%fibers from paper recycled by consumers. r ti OA-N21 Environmental Assessment Worksheet (EAW) NOTE TO REVIEWERS Comments must be submitted to the Minnesota Pollution Control Agency (MPGA) during the 30-day comment period following notice of the EAW in the Environmental Quality Board(EQB)Monitor. (Contact the MPCA or the EQB to learn when the comment period ends). Comments should address the accuracy and completeness of the information,potential impacts that may warrant further investigation,and the need for an Environmental Impact Statement(EIS). 1. Project Title Chaska MCWS Interceptor-Stages I&II(TH 169 to Prior Lake Interceptor) Proposer Met Council Wastewater Service 3. RGU MN Pollution Control Agency ' Contact Person Jim Nosak Contact Person Craig Affeldt Address 230 East Fifth Street and Title Principal Planner . Mears Park Centre Address 520 Lafayette Road North St. Paul. Minnesota 55101 St. Paul. Minnesota 55155-4194 Phone 612/229-3277 Phone 612/296-7796 4. Reason for EAW Preparation ❑EIS Scoping ■Mandatory EAW 0 Citizen Petition • l7 RGU Discretion 0 Proposer Volunteered If EAW or EIS is mandatory,give EQB rule category number(s) Minn. Rules pt.4410.4300,subp. 18.A. 5. Project Location The proposed project traverses Sections 10, 11, 12, 13, 14,and 15 of T115N, R23W and Section 7,8,9, and 10 of T115N, R22W County Scott County City/Twp. City of Shakopee and Jackson Township Attach copies of each of the following to the EAW: Figure 1. a county map showing the general location of the project; Figure 2. copy(ies)of USGS 7.5 minute, 1:24,000 scale map indicating the project boundaries; Figure 3. a site plan showing all significant project and natural features; Figure 4. a zoning map; Figure 5. depiction of environmental constraints;and Figure 6. Shakopee Service Area boundaries. 6. Description-Give a complete description of the proposed project and ancillary facilities. Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The Metropolitan Council Wastewater Services (MCWS)section has proposed that its wastewater treatment plant(WWTP)at Chaska,Minnesota,be phased out and replaced with a lift station and force main/gravity sewer interceptor. This proposed lift station and interceptor sewer will convey existing and future flows from the Bluff Creek portion of Chanhassen,the city of Chaska,and areas south of the new Trunk Highway(TH) 101 Bypass in Jackson Township and the city of Shakopee to the MCWS's Blue Lake WWTP. The proposed interceptor thus eliminates the need for future local trunk sewers south of the TH 101 Bypass. Figures 1 and 2 show the location of the proposed interceptor in Carver and Scott Counties. The proposed interceptor is intended to be constructed in three stages as shown in Figure 3. The first stage is approximately 19,700 linear feet of gravity sewer which connects to the Prior Lake Interceptor on its east end and terminates on its west end at County Road(CR) 17. The first stage of the interceptor will be constructed within the right-of-way of the proposed TH 101 Bypass. Between the Prior Lake Interceptor and Eagle Creek Blvd. ,County State Aid Highway(CSAH) 16,the interceptor will be on the north side of the TH 101 Bypass,and from CSAH 16 to CR 17 the proposed interceptor will be on the south side of the TH 101 Bypass. Stage II of the proposed interceptor commences where Stage I terminates and continues westward within the right-of-way and on the south side of the TH 101 Bypass to the west right-of-way line of TH 169. Stage II of the interceptor is comprised of 7,300 linear feet of gravity sewer from CR 17 to CR 15,and from CR 15 to TH 169 Stage H is comprised of 7,400 linear feet of force main. These first two stages are intended to be constructed concurrent or in sequence with construction of the TH 101 Bypass. This EAW deals only with these first two stages of the interceptor projects. A separate EAW will be written in the future to cover the third and final stage of the project. The third stage will contain a lift station located at the present Chaska WWTP and 16,300 linear feet of force main. Construction of the TH 101 Bypass has already begun and will continue through 1997. Construction of Stages I&II of the proposed interceptor will begin in 1995 and is scheduled to be completed by the end of 1996,concurrent or in sequence with the corresponding highway construction. In this manner,overall environmental disruption is minimized in that both highway and interceptor construction occur during the same time period. The construction means and methods for the force main portion of the proposed interceptor is anticipated to be accomplished by open-cut trenching,with a trench width of approximately 20 feet at the surface. Open-cut trenching, including blasting and removal of bedrock, is expected to be employed for installation of the gravity sewer. 7. Project Magnitude Data Total Project Area(acres) N/A or Length(Miles) force main 1.4 mi.: gravity 5.1 mi. Number of Residential Units Unattached N/A Attached N/A 2 Commercial/Industrial/Institutional Building Area(gross floor space) Total N/A square feet; • Indicate area of specific uses: Office N/A Manufacturing N/A Retail N/A Other Industrial N/A Warehouse N/A Institutional N/A Light Industrial N/A Agricultural N/A Other Commercial(specify) N/A Building Height(s) N/A • 8. Permits and Approvals Required-List all known local, state, and federal permits,approvals,and funding required: Unit of Government Type of Application Status Minnesota Department of Natural Dewatering-ground water To be obtained Resources(DNR) appropriation MPCA Approval of Construction To be obtained Documents MPCA State Disposal System permit To be obtained Minnesota Public Facilities Loan from State Revolving To be obtained Authority Loan Program Minnesota Department of Permit to Construct on within To be obtained Transportation(Mn/DOT) TH Right-of-way Carver County Review of Construction To be obtained Documents Scott County Review of Construction To be obtained Documents Scott County Permit to Construct within To be obtained County Right-of-way City of Chaska Approval of Construction To be obtained Documents City of Shakopee Approval of Construction To be obtained Documents 3 9. Land Use-Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses,such as soil contamination or abandoned storage tanks. Existing and Planned Land Uses Specific land uses noted along the southern portions of the TH 101 Bypass corridor include a small developed residential subdivision at the southwest quadrant of the TH 169TH 101 interchange and another small developed residential area three miles east where the bypass crosses CSAH 16. The St. Francis Regional Medical Center,a major regional medical facility, is under construction south of the intersection of the bypass and Marschall Road. The future land uses designated for the bypass corridor include continued residential growth in areas immediately north of the bypass route. Smaller designated areas of park lands and open space are also identified as a part of these residential neighborhoods. South of the corridor,future land use designations can be described as residential with key commercial areas in the areas of interchange locations. These locations are described as being primarily in the areas of the Marschall Road and Canterbury Road intersections. Open space and agricultural land use activities are noted in relation to Jackson Township in the western portion of the bypass corridor,south of the existing Shakopee city limits. The zoning map for the project area is included as Figure 4. At the east end of the interceptor route,there is undeveloped open space and extensive wetland areas in the vicinity of the northern portion of Deans Lake. In this area,the interceptor is proposed to be connected to the existing Prior Lake Interceptor which runs northward to the Blue Lake WWTP. Significant land uses within this area include an NSP substation and bordering industrial land uses on both sides of the Prior Lake Interceptor. Scattered open and undeveloped lands comprise the balance of this area. Compatibility/Land Use Impacts Stages I&II of the interceptor route will for the most part utilize existing public rights-of-way. Most of the corridor between TH 169 and the connection to the Prior Lake Interceptor will be within Mn/DOT right-of-way for the TH 101 Bypass. The only anticipated exceptions involve small areas of land currently in agricultural use in the vicinity of proposed bypass interchanges. Construction of the interceptor is planned to coincide or be sequenced with the bypass construction in order to minimize disturbance of environmental features within and adjacent to the right-of-way. Potential for Encountering Environmental Hazards With regard to potential ground water contamination sources, MPCA's database was assessed for known and reported sites,which are: • locations which have been placed on either the state or federal superfund lists; • federal CERCLA sites,eligible for future addition to the superfund list; • sites where state enforcement action regarding hazardous wastes has been noted; • permitted solid waste facilities; • permitted hazardous waste management facilities; • sites from a 1980 Metropolitan Area inventory of known and reported historic disposal locations; • State inventory of open dumps; • reported leaking underground storage tanks;and • a record of locations where voluntary investigation of soils or ground water has been undertaken. 4 Within the project area,the MPCA database identifies one reported site: The Gopher State Truck Stop(NE 1/4,NW 1/4, SW 1/4, Section 11,T115,R23W); 1151 Hwy. 169,a CERCLA site, is approximately 1,800 feet north of the force main location(see Figure 5). 10. Cover Types-Estimate the acreage of the site with each of the following cover types before and after development(before and after totals should be equal): Before After Types 2 to 8 Wetlands 0.0 0.0 Wooded/Forest 0.0 0.0 Brush/Grassland 0.0 0.0 Cropland 0.0 0.0 Urban/Suburban Lawn Landscaping 0.0 0.0 Impervious Surface 0.0 0.0 Other(describe) 96.0 96.0 • (TH 101 Bypass right-of-way) The entire length of the proposed interceptor will be constructed within the limits of the right-of-way of the TH 101 Bypass. No changes to cover types in addition to those changes resulting from the construction of the bypass are anticipated. 11. Fish Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. There are several wetlands along the project corridor. The wetlands east of CR 83 have been delineated by Mn/DOT for the Army Corps of Engineers Section 404 permit obtained for the TH 101 Bypass construction. There are several additional wetland basins between TH 169 and CR 83. These basins will also be delineated to obtain permits for the TH 101 Bypass. Because the interceptor will be constructed within the right-of-way of the TH 101 Bypass,no impacts to wetlands in addition to those of the bypass are anticipated. b. Are there any state-listed endangered,threatened, or special-concern species; rate plant communities; colonial waterbird nesting colonies; native prairie or other rate habitat; or other sensitive ecological resources on or near the site. 0 Yes ■No If yes,describe the resource and how it would be affected by the project. Indicate if a site survey of the sources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. The Minnesota Department of Natural Resources Natural Heritage Database(Eliason, 1992)was accessed to determine documented existence of unique, rare,threatened, or endangered flora and fauna in and around the project corridor. The database retrieval was performed very early in the feasibility stage of the proposed project when alternative routes through the area were under consideration. The database retrieval identified only one record(see Figure 5) within the proposed project corridor. One gopher snake, a species of state special concern, was collected near Shakopee (T115N, R22W, Sections 6 & 7,T115N, R23W, Sections 1 & 2)on August 25, 1932. 5 According to the U.S. Department of Transportation(Federal Highway Administration)and Minnesota Department of Transportation Draft Environmental Impact Statement for the proposed Trunk Highway 101 Bypass(1977),there are no known resident populations of threatened or endangered species within the area of the proposed TH 101 Bypass,including the area cited above. No impacts to threatened or endangered species or other unique or rare flora or fauna are anticipated as a result of the proposed interceptor project. 12. Physical Impacts on Water Resources: Will the project involve the physical or hydrologic alteration (dredging, filling,stream diversion, outfall structure, diking,impoundment)of any surface water (lake,pond,wetland,stream, drainage ditch)? 0 Yes ■ No If yes,identify the water resource to be affected and describe: the alteration,including the construction process;volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. The proposed project will not involve hydrologic alteration of any lake,pond, stream, river or drainage ditch. There will be impacts to wetland habitat as a result of the construction of the TH 101 Bypass. The areas of wetland disturbance are shown on Figure 5. No impacts to wetlands in addition to those resulting from the construction of the Bypass are anticipated. 13. Water Use a. Will the project involve the installation or abandonment of any wells? 0 Yes ■ No b. Will the project require an appropriation of ground or surface water(including dewatering)? ■Yes ❑No If yes,indicate the source, quantity, duration,purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. Construction of the gravity portion of the interceptor will require dewatering at the eastern end of Stage I. The ground water at this eastern end is less than 10 feet below the surface,while the invert of the interceptor is up to 40 feet below the surface. A DNR ground water appropriation permit is being sought for the requisite dewatering work. Since geotechnical investigations have shown no contamination in the area to be dewatered, discharge of the ground water is intended to be to the outlet of Deans Lake,with no National Pollutant Discharge Elimination System permit required. Should the quality of the ground water being discharged degrade as dewatering proceeds,mitigation measures, such as construction of settling basins, will be employed. It is anticipated that the dewatering will be necessary for a total of at least two to three months, although dewatering operations at any single specific location will likely be of less than a one week duration. Construction dewatering should have only brief effects on localized ground water levels and no permanent effects are anticipated. The area of influence of the dewatering operations is currently being studied via test pumping, and such information will be included in the DNR permit application. Observation wells employed during the test pumping will be retained and supplemented as necessary during construction to provide continuous ground water monitoring as the work progresses. 6 c. Will the project require connection to a public water supply? ❑ Yes ■ No If yes,identify the supply,the DNR water appropriation permit number of the supply,and the quantity to be used. • 14. Water-related Land Use Management Districts-Does any part of the project site involve a shoreland zoning district,a delineation 100-year flood plain, or a state or federally designated wild or scenic river land use district? 0 Yes ■ No If yes,identify the district and discuss the compatibility of the project with the land use restrictions of the district. 15. Water Surface Use-Will the project change the number or type of water craft on any water body? ❑ Yes ■ No If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet)to: Table 1 Depth to Ground Water and Bedrock Minimum Average Ground Water Less than 10 Feet 100 Feet(western end) 10 to 40 feet(eastern end) Bedrock Near Surface 20 to 30 feet • • Describe the soils on the site,giving Soil Conservation Service(SCS) classifications,if known(SCS interpretations and soil boring logs need not be attached). The soils in the project corridor are level and gently sloping loamy and sandy Hubbard, Estherville, Dakota,Hayden,Waukegan,Terril and Copas soils. These soils are typically dark-colored,well-drained, droughty soils developed under prairie grasses. East of CR 83,the alignment crosses the well-drained soils of the Duelm and Zimmerman series and poorly-drained Isanti soils in depressions. Table 2 below provides simple summary information for well logs obtained from the Minnesota Geological Survey for the project study area. The locations of these wells are shown on Figure 5. The table identifies the Township, Range,and Section as well as the unique well number of each well for which a log was obtained,depth to first encountered bedrock is noted, as is bedrock type,and, if it was reported, depth to ground water is also given. 7 Table 2 Depth to Bedrock and Static Water Level Unique Depth to Depth to Static Half- Well Bedrock Bedrock Water Level Township Range Section Section Number (in feet) Type (in feet) 115N • 22W 2 S 207405 16 Limestone 10 115N 22W 3 S 207402 25 Sandstone 7 115N 22W 9 All 180922 3 Limestone 32 115N 22W 10 All 207071 22 Limestone 40 115N 22W 11 All 220601 27 Limestone Not Reported 115N 22W 14 All 205981 254 St.Lawrence 2 Formation 115N 22W 15 N 178548 >165 Not Reported 44 115N 22W 16 N 228356 66 Limestone Not Reported 115N 22W 16 N 228358 75 Limestone Not Reported 115N 22W 18 N 205983 50 Limestone Not Reported 115N 23W 11 All 206813 40 Limestone 90 115N 23W 12 S 211850 31 Limestone 100 115N 23W 12 S 211714 22 Limestone 85 115N 23W 13 N 206805 40 Limestone Not Reported 115N 23W 14 N 211853 >67 Not Reported Not Reported 115N 23W 15 All 206807 38 Limestone 108 115N 23W 15 All 206808 31 Limestone 105 115N 23W 15 All 207073 219 Gravel+Limestone 100 Source: Minnesota Geological Survey Well Log Data 17. Erosion and Sedimentation- Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 96 ; cubic yards 629.000 . • Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. Approximately.23,000 cubic yards of soils will be excavated for force main construction. Most of this material will be replaced as cover for the interceptor. The gravity sewer segment of the project will require removal of 606,000 cubic yards of soil. Again, soils will be replaced once the interceptor pipe is installed. 8 The proposed project alignment crosses isolated areas of erodible soils between Old Brick Yard Road and CSAH 15 including Terri!sandy loam,Hayden sandy clay loam,Hayden loam and Lester silt loam. Terri! sandy loam soils are well-drained upland soils subject to wind erosion. The Hayden soils in this segment of the alignment are located on moderate slopes and are moderately eroded. Because of the topography in this area,these soils are subject to water erosion. The Lester silt loam soils are well-drained and are subject to wind erosion. There are terrace escarpments located just west of the proposed alignment crossing of CSAH 16. An area of stony land is located between CSAH 16 and County Road 83. Best management practices to control erosion and sedimentation will be employed by Mn/DOT where necessary. Erosion of soils subject to wind erosion will be minimized by watering practices intended to minimize dust during construction. Silt fence and bale checks will be constructed and maintained to minimize water erosion. Construction of the proposed interceptor project will be staged to either coincide or be in sequence with the construction of the TH 101 Bypass to minimize environmental disturbance. Re-establishment of disturbed areas will occur upon completion of construction in each segment. Topsoil will be replaced and each segment will be seeded and mulched to protect from erosion until vegetation is re-established. Wood fiber blankets will be used on steep slopes to provide a stable substrate for vegetation re-establishment. 18. Water Quality-Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. No changes to the quantity or quality of site runoff are anticipated as a result of the proposed interceptor project. Changes in water quantity and quality resulting from the construction of the TH 101 Bypass have been addressed by Mn/DOT. b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. No impacts to surface waters are anticipated as a result of the construction or operation of the proposed interceptor project. 19. Water Quality-Wastewaters a Describe sources,quantities,and composition (except for normal domestic sewage) all sanitary and industrial wastewaters produced or treated at the site. The future service area for the Chaska Interceptor will include the entire city of Chaska,a portion of the city of Chanhassen,and a substantial portion of the city of Shakopee which is presently unsewered. Part of the service expansion in Shakopee is outside of the current MUSA boundaries. Figure 6 shows the planned service areas. The Chaska WWTP has a design capacity of 1.85 million gallons per day(MGD)average flow. The plant experienced extreme limitations in accommodating flows during 1991 and 1992. Arrangements were completed in 1992 to provide for interim relief through connection of a part of northern Chaska to the Chanhassen sewer system,which flows to the Lake Ann Interceptor. This step is considered a 9 temporary solution to the treatment limitations at the Chaska WWTP. The Blue Lake WWTP was designed with the expectation that the Chaska WWTP would be phased out with Chaska flows directed to Blue Lake. Current and projected population estimates for the Chaska and Chanhassen(Bluff Creek area)service area were undertaken for the Chaska WWTP Facility Plan(May 1993). The population projections used for Chaska and Chanhassen(Bluff Creek Area)for the year 2040 are 27,500 and 11,945 respectively. These numbers are based on Metropolitan Council projections. Projected flows from the service area of the Chaska Interceptor are shown in Table 3 below. Flows were calculated using the MPCA"Determination of Design Flow"table. Table 3 Projected Average Flows(MGD) Source Present 2000 2010 2015 2020 2030 2040 Chaska 1.52 2.05 2.55 2.77 2.98 3.54 3.90 Chanhassen 0.00 0.76 1.29 1.49 1.70 2.11 2.27 Shakopee 0.00 3.43 4.41 4.58 4.74 5.08 5.41 Total 1.52 6.24 8.25 8.84 9.42 10.73 11.58 b. Describe any waster treatment methods to be used and give estimate of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site _ conditions for such systems.Identify receiving waters(including ground water)and estimate the impact of the discharge on the quality of the receiving waters. Wastewater now treated at the Chaska WWTP will be conveyed to the Blue Lake WWTP which was designed with the expectation of eventual receipt of Chaska flows. c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. The Blue Lake WWTP was designed to accommodate Chaska flows. The facility has recently been expanded and upgraded accordingly. No new requirements or modifications at Blue Lake are anticipated in order to accept the flow from the Chaska Interceptor. Table 4 summarizes effluent data for 1993 and 1994 which demonstrates that the Blue Lake WWTP is meeting its effluent standards. 10 Table 4 Blue Lake WWTP 1994 Monthly Summary of Effluent Quality 1993 Jan. Feb. March April May June (Avg.) Limit (94) (94) (94) (94) (94) (94) Wastewater Flow 22.5 32 23.0 23.2 23.7 26.3 27.0 25.3 CBOD-Monthly Avg 5 12'/25 3 3 3 3 3 4 CBOD-Weekly Avg 7 18'/40 4 5 3 3 3 5 TSS-Monthly Avg 5 30 3 4 4 5 4 6 TSS-Weekly Avg 6 45 4 5 4 5 5 8 NH3-N .3.1 (2) 1.7 1.7 1.6 1.0 0.4 0.6 1. June-September 2. Nine milligrams per liter(mg/1)May(river flow less than 3,000 cfs),twelve mg/I June,two mg/1 July-September,five mg/1 October,seven mg/I November monthly average maximum. 20. Ground Water-Potential for Contamination a. Approximate depth (in feet)to ground water: 0' minimum; 10-40' (west end); 100' (east end) average. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. Generally,the project study area is situated within 100 to 200 feet of glacial deposits above the Prairie Du Chien-Jordan bedrock formation. However,there are numerous outcrops of shallower bedrock within the project area. Along the southern bank of the Minnesota River at Blue Lake and for approximately one mile to the west,bedrock is also near the surface. Within the central portion of the project corridor,there are also various occurrences of bedrock near the surface. Much of the study area is within a significant recharge area for the Prairie Du Chien aquifer,the principal source of ground water locally and for the metropolitan area. The following is a list of soils present within the project area which have high infiltration rates (infiltration in excess of five inches per hour): • Estherville loam and sandy loam • Estherville gravelly sandy loam • Hubbard fine sand • Hubbard loamy fine sand • Dakota sandy loam 11 • Dakota loam • Duelm fine sandy loam • Isanti fine sandy loam • Zimmerman fine sand Project construction will be staged to either coincide or be sequenced with the TH 101 Bypass construction in order to minimize environmental disturbance, including potential for ground water contamination during construction activities. The force main portion of the interceptor will be constructed of polyethylene pipe bonded at the joints by a solvent to prevent leakage. The polyethylene material will be resistant to corrosion from materials in the soils as well as from hydrogen sulfide (H2S) gas and other chemicals in the sewage. The gravity portion of the interceptor will be constructed of reinforced concrete pipe(RCP),a material resistant to most corrosive forces present in the soils. Since the gravity pipe will also be subject to corrosive forces from within, areas known to be subject to these forces will be lined with a plastic"boot"to protect the pipe. The joints of the gravity pipe will be sealed with gaskets to prevent leakage. Upon completion of the construction of the interceptor,the force main pipe will be pressure tested,and the gravity pipe tested for infiltration of ground water and/or exfiltration of sewage,before the interceptor is placed into service. • c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them form contaminating ground water. Petroleum products will be used during the construction of the proposed interceptor for equipment fuel and lubrication. 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types,amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges ashes., Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. No solid or hazardous wastes will be generated from the operation of the proposed interceptor project. Solid wastes generated in the construction of the proposed interceptor will be disposed of in an approved facility. b. Indicate the number, location,size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). None. 12 22. Traffic-Parking spaces added -None. Existing spaces(if project involves expansion)-N/A. Estimated Total Average Daily Traffic(ADT)generated-N/A. Estimate maximum peak hour traffic generated(if known)and its timing-N/A. For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. During construction of the interceptor,ADT will not change significantly. Localized detours,bypasses, construction zone signing and slight traffic delays will occur with the construction of the TH 101 Bypass where it will intersect existing roads. The interceptor construction schedule has been staged to either coincide with or be sequenced with construction of the TH 101 Bypass to minimize overall disruption. • 23. Vehicle-related Air Emissions—Provide an estimate of the effect of the project's traffic generation on air quality,including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impact. Vehicle-related air emissions will be generated only during the construction phase of the proposed interceptor project. No emissions beyond those typical for a staged construction effort are anticipated. No increases in vehicle-related emissions will result from the project following completion of construction activities. 24. Stationary Source Air Emissions-Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? D Yes ■ No If yes, describe the sources, quantities,and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust,odors,or noise during construction and/or operation? ■ Yes D No If yes, describe the sources,characteristics,duration, and quantities or intensity,and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Dust and noise will be generated during the construction phase of the proposed interceptor project. Measures to mitigate dust emissions from the construction activities will be employed including application of water to areas actively graded and avoidance of construction activities during periods of high winds. Additional dust controls will include minimizing the amount of open graded area,particularly in areas with soils susceptible to wind erosion. Following completion of construction,each segment will be final graded, seeded,and mulched to revegetate disrupted areas and minimize dust. No dust will be generated from the interceptor after disturbed areas are revegetated. Construction equipment will temporarily increase noise levels in the area. These increases are not expected to be significant when compared to equipment noise resulting from the construction of the TH 101 Bypass. Noise mitigation will be achieved by requiring contractors to comply with state requirements for installation and maintenance of mufflers on construction equipment. Compliance with local noise ordinances will be required. 13 26. Are any of the following resources on or in proximity to the site: a. Archeological,historical,or architectural resources? 0 Yes ■ No • Correspondence and meetings were held with the Minnesota Historical Society(State Historic Preservation Office). It has been determined that the potential for encountering significant archaeological resources along the TH 101 Bypass corridor is remote,based on records and prior surveys(i.e.,Minn.Trunk Highway Archaeological Reconnaissance Survey Program). In relation to this,it is noted that the EIS for the Bypass corridor did not report any historic or archaeological sites. b. Prime or unique farmlands? 0 Yes • No The TH 101 Bypass right-of-way appears to traverse a small island of prime soils south of Shakopee. The balance of soils along the interceptor route are rated as having marginal cropland suitability. There are properties,particularly to the south of the proposed interceptor route which are utilized for crop production and other agricultural purposes. However,for virtually'all its distance,the proposed interceptor route will remain within existing public rights-of-way,and will not impact nearby agricultural lands. No properties within the project area were identified as being enrolled in the • Agricultural Preserves program. c. Designated parks, recreation areas, or trails? 0 Yes ■ No d. Scenic views and vistas? 0 Yes ■ No e. Other unique resources? 0 Yes ■ No • If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 27. Will the project create adverse visual impacts? (Examples include:glare from intense lights;lights visible in wilderness areas;and large visible plumes from cooling towers or exhaust stacks.) ❑ Yes ■ No If yes,explain. 28. Compatibility with plans-Is the project subject to an adopted local comprehensive plan or any other applicable land use,water, or resource management plan of an local, regional,state, or federal agency? ■ Yes 0 No If yes, identify the applicable plan (s), discuss the compatibility of the project with the provisions of the plan (s), and explain how any conflicts between the project and the plan (s)will be resolved. If no, explain. The project is consistent with the Shakopee Comprehensive Land Use Plan. The project has been approved by the Metropolitan Council Wastewater Services and is included as an element of its capital budget program. 14 29. Impact on Infrastructure and Public Services-Will new or expanded utilities,roads,other infrastructure,or public services be required to serve the project? 0 Yes • No If yes, describe the new or additional infrastructure/services needed. Note: Additional projects are being constructed simultaneously or in close proximity to this interceptor project. These include Mn/DOT's construction of the TH 101 Bypass and various infrastructure improvements proposed by the city of Shakopee to be coordinated with the bypass construction. 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? ■ Yes 0 No If yes,briefly describe future stages,their timing,and plans for environmental review. Stage III of the Chaska Interceptor will include construction of a lift station to replace the Chaska WWTP. An additional segment of force main will be constructed from the new lift station near the Chaska WWTP site to the western terminus of the currently proposed interceptor. Development plans for Chaska and Shakopee anticipate increasing population growth and accompanying incremental and orderly residential,commercial,and industrial development within the service area for the proposed interceptor project. Projections of this growth have been considered in the planning for these cities and in the design of regional wastewater treatment facilities. b. Is this project a subsequent stage of an earlier project? ■ Yes 0 No If yes,briefly describe the past development,its timing,and any past environmental review. This project is part of an overall plan to improve and extend metropolitan wastewater treatment service to remaining unsewered areas within MUSA boundaries and to expand the MUSA as population growth and development require. All stages of this service extension plan(i.e.,each specific project)have undergone an appropriate level of planning and environmental review. • c. Is other development anticipated on adjacent lands or outlots? ■ Yes 0 No If yes, briefly describe the development and its relationship to the present project. This project has been planned to coincide or be in sequence with major planned Mn/DOT improvements, including construction of the TH 101 Bypass,as well as with planned local infrastructure improvements. d. If a,b, or c were marked Yes,discuss any cumulative environmental impacts resulting from this project and the other development. The third stage of the Chaska Interceptor is proposed to be constructed as a force main,either along the TH 41 right-of-way between the Chaska WWTP area and TH 169 or generally within NSP easements from the Chaska WWTP area to TH 169,there connecting to the western terminus of the interceptor constructed along the TH 101 Bypass (see Figure 3). Construction along the first 15 alternative alignment would involve two bridge crossings along TH 41 and could result in the temporary disruption of wetlands within the TH 41 right-of-way. Construction along the second alternative alignment would involve an underwater crossing of the Minnesota River and would result in wetland impacts within the floodplain of the Minnesota River. The Chaska WWTP has been operating at capacity and has had to make temporary arrangements to divert a portion of the wastewater flow to the plant through the connection of the northern portion of the city of Chaska to the Chanhassen sewer system. The Blue Lake WWTP was designed and constructed with the expectation that the Chaska WWTP would be phased-out and Chaska flows would eventually be directed to Blue Lake. In addition,this project is one part of a continuing plan to provide wastewater treatment services to a growing metropolitan area. Environmental impacts will continue to be assessed on a case-by-case basis as projects are proposed. 31. Other Potential Environmental Impacts-If the project may cause any adverse environmental impacts which were not addressed by Items 1 to 28, identify and discuss them here, along with any proposed mitigation. 32. SUMMARY OF ISSUES List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Direct environmental impacts occurring as a result of the construction of the proposed interceptor project will be minimized by appropriate construction techniques and by scheduling of the project so that it will • coincide or be sequenced with other major public construction activities,thereby minimizing overall environmental effects. The most significant indirect impact of this project is that, by phase-out of the Chaska WWTP and development of the Chaska interceptor,anticipated strain to an overtaxed facility is avoided and the potential for water quality violations of the Minnesota River eliminated. In addition,wastewater treatment service is extended into planned development areas. This growth and development pattern is anticipated by and in accordance with local comprehensive plans and local land use policies. 16 CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EQB Monitor). A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature q.,...e. 44160,- B. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document,which are related to the project as "connected actions" or"phased actions", as defined, respectively, at MN Rules. pt. 4410.0200, subp. 9b and subp. 60. r ____4 Signature v C. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature --4 &Ar---4g‘tg° Title of Signer Director, Environmental Planning and Review Office Date I7 f i� 17 I , • M i 2 N �_ y . $ II At v. ;•ilk -I ';i[A•t tr SS c • C ; .•' .1.•'-::r. �, ! ' }O Cl• itiN 4 1161 •MIR rifi':"..t-'4,:.:. • j...,.:-.,...:1 ....-1 •.<.. .... r •. ..4- ' , . ,. .:RI 3 ffi 1111114. ' ;, ;"'_ tsiiipg 6, i . .,•:-:.; . • :. l'.. --• 6 : 1...411. :1 : .•.-, ,iiiir,„.„, . 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I = l t' �� dt kA''' N.sell.,:fl: to.:.::: ____:,: ....._... . ^ :: 1 1tars eus am �, & Ilka-•. , ES I + r \ rth. , , issi.t......iv a, 'No ...ave , Nill I Z 1 , takik... 1 1 1 w11 r ji 111ii J 1 1 11 ' < II) 11 ¢ • y I I la Z W < W 1 c 1 ih-1, co I-Iii (!1 it iiio I W • i / D _ m .... —...1 a , cc - '' IP f---angb- ; z < , L ; a ' W et:4 i( __ 1 ,,_ Lai 1 c, a Cn Ara i � .t. 1ilirk- I w in/ i Pa IF �� 001 v N 111 rT--�- 1 ti"k.nt , 111116 num I '1� 11. 1 1 Ili lo ;_ t ,\ n'11', an 11`".II 1 • A. , - 1111 p,,,- 11 "�`i11a1 __ 11 = O 111111 1 it. t0 1 i IL u► r.m'kl 11:0_,_ =i / it .� eu cd \` • 01 /' .=1,-.,/ J r - :.,Ica tu ul tL — 11.14 UC N Q Q 0\ U .., holVI ♦ m11 SZLL .on.o^IB 1o1 moos 6.0 v1 iP i Old We SS 8 $41-t2-90 tlELZ.L6/..GIO/0+s•P3'C.:/ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Calling 1988A GO Improvement Bonds REVISED DATE: September 27, 1994 Introduction Council is requested to call the 1988A Go Improvement bonds for prepayment. Background The 1988 GO Improvement Bond debt service fund has more than enough cash in the fund to pay off the remaining outstanding bonds. These bonds are callable 2/1/95 at par (no prepayment penalty) . The interest rate on the bonds is 6.60 to 7 .00%. Council is requested to call these bonds because there are sufficient funds on hand to pay off the bonds. Also, short term reinvestment interest rates are less than the rate we are paying on the bonds. Paying off the bonds and closing the debt service fund frees up funds for Council to use for some other purpose. If the bonds are called, there would be left over in the fund about $500, 000 in cash. It is very unusual to have such a large amount left over when the bond issue is paid off. The majority of the surplus comes from interest earnings on large assessment prepayments and some overlap of assessments and state aid - construction. Alternatives 1. Call bonds. 2 . Do not call bonds. Recommendation Alternative number 1. Action Requested Move to direct staff to proceed with the process of calling the 1988A GO Improvement Bonds on February 1, 1995. 13h CONSENT • Attached is a print out showing the division budget status for 1994 based on data entered as of 9/29/94 . The HRA Fund is experiencing costs that will exceed the budget as it currently stands. Costs are related to the Stans House project, TIF studies and land registration. Included in the bill list is the return of the $8,900 deposit from Clete Link for the sewer connection of South Parkview II to the VIP interceptor because the connection is complete. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/29/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR 8 COUNCIL 69,140 2,616 39,098 57 12 CITY ADMINISTRATOR 192,340 12,831 131,805 69 13 CITY CLERK 118,690 9,376 79,506 67 15 FINANCE 284,660 18,558 207,826 73 16 LEGAL COUNSEL 187,970 16,632 113,599 - 60 17 PLANNING 412,130 38,272 276,598 67 18 GENERAL GOVERNMENT BUILDINGS 115,790 8,509 86,925 75 31 POLICE 1,388,590 99,717 1,019,681 73 32 FIRE 865,310 46,743 767,271 89 33 INSPECTION-BLDG-PLMBG-HTG 187,120 18,585 128,788 69 41 ENGINEERING 361,480 28,472 243,611 67 42 STREET MAINTENANCE 586,820 28,290 299,741 51 44 SHOP 166,480 8,982 156,898 94 46 PARK MAINTENANCE 307,270 20,002 235,965 77 48 REFUSE COLLECTION 513,550 0 0 0 61 POOL 150,300 22,371 136,924 91 64 RECREATION 208,880 13,765 144,354 69 91 UNALLOCATED 73,610 4,011 24,552 33 TOTAL GENERAL FUND 6,190,130 397,732 4,093,142 66 17 PLANNING 360,860 26,926 234,432 65 TOTAL TRANSIT 360,860 26,926 234,432 65 12 CITY ADMINISTRATOR 64,870 20,797 121,144 187 TOTAL HRA 64,870 20,797 121,144 187 00 N/A 766,200 0 704,265 92 TOTAL CAPITAL EQUIP REVOLVING FUND 766,200 0 704,265 92 = = __= 1-7 oS oa a a a' w • a: a' a a a a s P4 ' .4 H .-1 H H H H H H H H H H H H H z 00 0 co P. •6 z O a w U H 441 .o n CO C. cm 0 r♦ .--1 N C+) O .o .0 .O .o .o .0 n n .--1 9--1 9-1 9--1 '. .--I .-i r-i .--I .--1 .--I .--1 r-1 .t .t .7 .t Z 0 O O O O 0 0 0 9.-1 .-1 .-1 .t ra H O 0 O 0 0 0 0 0 O O O .--I .--1 O O O O O O O O O 0 0 0 N N 0 # O O O O M ra C') O n .o O .--1 C n rA 01 01 C') n n Co 0 n n N n n n H. u1 - - .-4 1•1 .-1 N .-•i r-1 .0 r-1 r-I .-1 z .t .t .t .t N N N N N N C') N N N CD i i 1 I I I I i i i i I I 1 O .-1 O 0 O N N N O N N r4 N N N (> N CT CT O. .-I .-d .-d .t .-1 1.4 O .-I r-I ra U .7 O. 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Vy O. .-1 0 v� A a w W (• • H z 1-1 cn 1-1 4 0 H W N W N C9 E-1 x U U cn cn c4 W A U .7 u1 H CO O O O O O O .-1 .-i N 1� 1� w O. a Z A Z Z Z Z Z z Z z O J W W W W W 44 W W W W CO 'iSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Pawnbroker' s Employee License DATE : September 27, 1994 INTRODUCTION: The City has received an application for an employee license from an applicant desiring to work in a pawnshop licensed in the City of Shakopee . BACKGROUND: Sevin Patrick Aksamit has submitted an application for an employee license to work at Shakopee Pawn & Cash Company, 1147 Canterbury Road. On June 7th, City Council approved a pawnshop license for Shakopee Pawn & Cash Company and approved employee licenses for employees . Mr. Marzario wishes to add an additional employee . The Police Department has conducted the customary background investigation on Sevin Patrick Aksamit . The investigation disclosed nothing to prohibit the issuance of an employee license to Mr. Aksamit . ALTERNATIVES : 1 . Grant a license . 2 . Deny a license. 3 . Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Approve the application and grant a Pawnbroker' s Employee License to Sevin Patrick Aksamit, Shakopee Pawn & Cash Company, 1147 Canterbury Road. CONSENT TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Surplus Property DATE: 09 26 94 INTRODUCTION: Unclaimed property including recovered bicycles and property which has no value to the City has accumulated at the police department and should be sold. BACKGROUND: Throughout the year, items whose owner is not known come into the possession of the Police Department. Although every effort is made to locate the owners of this property, much of it remains in our possession. From time to time, this property must be disposed of because of the room it takes up. The simplest way to do this is by auction. Such an auction also presents a good opportunity to dispose of items of city property such as obsolete office equipment and unserviceable furniture. Before any of this property can be disposed of, it must be declared surplus by action of the City Council. A list of these items is attached to this memo. ACTION REQUESTED: Move to declare items listed herein as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. To: Chief Steininger From: Teri Van Cleve Date: September 28, 1994 Re: Surplus property Inventory # Item Description 2013 Tandy, lap top computer, SER/608001774 1787 IBM XT CPU, 2 floppy disk drives, SER/183211, And keyboard 1785 IBM XT CPU, 2 floppy disk drives, SER/1822569 1786 IBM XT CPU, 2 floppy disk drives, SER/1822539 1802 Amber monitor SER/6030613 1800 Amber monitor SER/5421624 None IBM 3276 monitor, keyboard, and a Texas Instrument protocol converter None Miscellaneous old metal file racks To: Chief Steininger From: Teri Van Cleve Date: September 29, 1994 Re: Surplus property Inventory # Item Description 2013 Tandy, lap top computer, SER/608001774 1787 IBM XT CPU, 2 floppy disk drives, SER/183211, And keyboard 1785 IBM XT CPU, 2 floppy disk drives, SER/1822569 1786 IBM XT CPU, 2 floppy disk drives, SER/1822539 1802 Amber monitor SER/6030613 1800 Amber monitor SER/5421624 None IBM 3276 monitor, keyboard, and a Texas Instrument protocol converter None Miscellaneous old metal file racks None 55 bicycles and miscellaneous bike parts including frames Surplus Property TAG # Brand Item Serial # 5861 Underwood/Olivetti Typewriter 5862 Jensen JTE 602 Speakers 5863 Johnson radio/antenna/ B615CO29A power src 5864 Power source cord 5886 30 cassette tapes 5887 Samsung AM/FM Radio/Cassette Ply 5888 Pioneer Am/FM C1375836 radio/cassette- dash 5889 Regency Transceiver 193-801968 5891 Sony In-dash radio/cassette 5892 Coleman Blue "Oscar" cooler 5857 G E VCR model VG7510 6Z2Z03104 5856 Panasonic VHS VCR KOHD50042 Omnivision 5874 Elgin Diamond/Quartz FND 04012 Watch 5873 Helbros Regency Gold Clrd R5650 85-3 watch 22098 Igloo Blue/White cooler 22099 Cassette case w/cassettes 22100 Crate CRM AMP (black) 22097 Coleman Blue/White/ cooler 22091 Magnavox VCR model 59107130 VR9720AT01 21924 large tan suitcase 21920 Sony CD player 867106 w/remote 1 Surplus Property 21911 jewelry box with 5 rings, 9 watches, money clip, many chains 21912 movie "Millers Crossing" 21914 Panasonic SW Double Superheterodyne System, Model RF2800 21915 Silverware set 21917 Rossignol-Olympia Cross country skis 21918 Champion Auto Brake pads FD-50 Store 22092 100 rear bumper mini truck 22093 101 rear bumper mini truck 21919 Coleman-Peak back pack w/sleeping roll 22094 basketball hoop w/net 22095 Sentrek receiver cassette/receiver 10050049 22096 Stihl TS 360 Saw 21925 General Fire extinguisher 923497 model WS/LS 900 21926 Bundy Trumpet w/case 900574ML 21927 Cooler Blue/white 21928 kitchen utensil box beer kegs 2 black rubber 8 gal kegs beer kegs 2 aluminum 8 gal kegs beer kegs 5 aluminum 16 gal kegs Surplus Property beer taps 7 beer taps, various styles framed art print of horses art colored print of horses Kirby parts in gray box Kirby parts in gray box Kirby parts in cardboard box Kirby parts in cardboard box Kirby attachments, red Kirby attachments, black Kirby parts in cardboard box Kirby hand held vacuum 5868 Realistic CB radio, TRC410 4303237 5884 Sanyo Radio/Tape player CONSENT /3K MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer -PAW SUBJECT: Street Light Request DATE: September 28, 1994 INTRODUCTION: Staff has received a request from Mr. Charles Griffin for the City to take over maintenance and operation of an existing street light on a private street. Staff is seeking Council direction on this issue. BACKGROUND: Attached is a memo from Lou VanHout, Shakopee Public Utilities Manager, who initially received the request. Mr. VanHout has forwarded the request to the City for consideration. The street light in question is located on the corner of Deans Lake Road and the road which fronts the lake (also known as Deans Lake Road). Both of these streets are privately owned and maintained. The power to serve the street light comes directly from Mr. Griffin's house. If the City were to accept responsibility for operating and maintaining the light, another power source or separate meter would have be provided to monitor the power used by the light. The standard policy for street light requests is for the City to receive a petition signed by at least 35% of the affected property owners requesting the improvement. A petition is typically required because the City assesses any installation or associated costs to the neighborhood requesting the light. In this case, the costs to provide an alternate power source would be assessed to the benefitting properties. In his memo, Mr. VanHout indicates that the light would serve nine homes. This being the case, Mr. Griffin does not represent 35% of the affected property owners. A more fundamental issue underlying the operation and maintenance of the street light is if the City is willing to take responsibility for, and expand public money on a street light located on private property which serves a private roadway. It is this policy decision for which staff is requesting direction. ALTERNATIVES: 1. Direct staff to respectfully inform Mr. Griffin that the City is not interested in accepting responsibility for the street light at this time. 2. Establish a policy by which street light requests on private roads are handled in the same manner as requests for street lights on public streets. 3. Remove this item from the consent agenda for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1. If Council wishes to discuss this policy decision, Alternative No. 3 should be used. ACTION REQUESTED: Move to direct staff to respectfully inform Mr. Griffin that the City is not interested in accepting responsibility for the street light at this time. DMN/pmp LIGHT TO: Dave Nummer, Acting City Engineer FROM: Lou Van Hout , Utilities Manager RE: Street Light Request , Charles Griffin DATE: 9/20/94 Earlier this Summer T was contacted by Mr. Charles Griffin, 5310 Eagle Creek Blvd. , about getting an existing privately-owned light converted to a city street light . Two years ago, Mr. Griffin had installed a pole and light on the corner of his property to light the road intersection. He is asking for that light to become a city street light . As background: SPUC contributes energy and relamping for city street lights , and the maintenance on standard streetlight installations . Installation of individual streetlights is funded and approved by City Council . Some facts about this specific light are: - Electric power for the light now comes from Mr. Griffin ' s home . The pole appears to he constructed of aluminum or galvanized iron pipe. The present light is completely private - it is not a "security light" maintained by SPUC . - The roads provide access to approximately 9 homes in the Dean' s Lake area . - There is a question about whether the roads are dedicated city streets or private. There are technical issues , costs , easements , etc . which would need to be addressed if the City is interested in converting the light to a street light . I advised Mr. Griffin that I would summarize the facts of the situation and refer the question to city hall . c . c . Charles Griffin / J2 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer' SUBJECT: 10th Avenue Sidewalk Maintenance DATE: September 27, 1994 INTRODUCTION: Staff has received several inquiries regarding snow removal on 10th Avenue and other collector streets. Staff is seeking Council direction on this issue. BACKGROUND: The current policy regarding snow removal in the City of Shakopee requires the adjacent property owner to be responsible for keeping the sidewalks clear of snow and ice. The exceptions to this policy are: Public areas such as adjacent to public parking lots, and 10th Avenue from Marschall Road to Tyler Street. These areas are plowed by City crews. See attached sidewalk list from the 1993/1994 Public Works Snow and Ice Control Plan. This summer, in conjunction with the 1994 Sidewalk Replacement Program, the City is extending the 10th Avenue sidewalk approximately two blocks from Tyler Street to the Shakopee Town Square Mall, as well as sidewalk on the east side of Marschall Road and the south side of 1st Avenue. Staff has received requests for the City snow removal service to be extended to the new 10th Avenue sidewalk. Similarly, snow removal has been requested by several property owners adjacent to the new Marschall Road and 1st Avenue sidewalks. These property owners frequently site the plowing of the 10th Avenue sidewalk as a basis for having their sidewalks plowed. In order to plow sidewalks, the City could certainly hire as many operators and purchase as much equipment as the taxpayers will support. With the current Public Work's staffing and equipment, taking on additional responsibilities would adversely affect the efficiency with which snow removal operations are carried out. Currently, plowing sidewalks is a low priority, with streets and parking lots taking precedence. ALTERNATIVES: 1. Direct staff to remove snow on 10th Avenue sidewalks from Marschall Road to the Shakopee Town Square Mall. 2. Hold the status quo with regard to snow removal on sidewalks. 3. Direct staff to prepare a report for removing snow on all sidewalks adjacent to collector or higher status streets, including costs and impacts on staff and equipment. 4. Direct staff to remove snow on other sidewalks as determined by Council. 5. Table this item pending additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. This small amount of additional plowing should not adversely affect current plowing operations. Council direction on plowing other sidewalks is also requested. As this is a policy decision, staff has no recommendation. ACTION REQUESTED: 1. Direct staff to remove snow on 10th Avenue sidewalks from Marschall Road to the Shakopee Town Square Mall. 2. Provide direction on plowing other City sidewalks. DMN/pmp SIDEWALK SIDEWALKS Ii. Downtown Area A. City Hall B. Around all Parking Lots - Pablos lot - 2nd and Lewis - Lot across from Bill 's Toggery - 2nd and Lewis - Gene Brown lot on 2nd between Sommerville and Lewis - Across from Berens on 2nd and Fuller - Library parking lot - Brambilla lot on Levee Drive and Fuller C. All Railroad Crossings 2 . 10th Avenue: Marschall Road to Dakota Street (Both sides) Marschall Road to Tyler Street (South side) I I I 1 1 A19. 13 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Cost Sharing for Downtown Alleys Project No. 1993-9 DATE; September 29, 1994 INTRODUCTION: Shakopee Public Utilities Commission (SPUC) has requested the City Council revisit the cost sharing concept for the Downtown Alleys Project. Attached is Resolution No. 5001, which addresses cost sharing for this project. BACKGROUND: On April 19, 1994, the City Council of Shakopee rejected the lone bid received on this project due to high bid prices. Since this time, staff has been working with SPUC and their consultant HDR to redesign the electrical portion of the project with the intent of reducing the overall project costs. The redesign of the electrical portion of the project has reduced the electrical portion of the cost estimate from $756,000.00 to $658,000.00, thus reducing the overall project costs by almost $100,000.00. At the request of the Community Development Commission (CDC), staff has increased the scope of the work to include undergrounding the electric service in Block 21, between Fuller Street and Atwood Street and between 1st Avenue and 2nd Avenue. Staff will be seeking Council authorization for this increase in the Scope of Services when the project is considered at the public hearing (See memo on this agenda). The cost estimate for the electrical portion of the project, including the new design (with the addition of Block 21) is $724,000.00. This is still $26,000.00 less than the original estimate without Block 21. Although the redesign has reduced the total project cost,the majority of the savings is in reducing the size and quantity of underground concrete duct work, which was previously identified as a City cost. The portion of the contract which SPUC is responsible for actually increased substantially. This increase is due to additional secondary transformers and wiring which allows for reduced duct bank sizing. Due to the increase in cost for SPUC, the Commission is requesting that City Council revisit cost sharing on this project. Lou VanHout, Utilities Manager has computed the "value" of the electrical undergrounding to SPUC. Mr. VanHout has defined this value as the cost to SPUC to replace the overhead lines. The overhead lines in the Downtown area are scheduled for replacement in SPUC's Capital 1 Improvement Plan for the year 2000-2003. The value to SPUC is $272,000.00. SPUC's estimated share of the project is $393,000.00. This leaves a difference between the value perceived by SPUC and their costs of $121,000.00. In an effort to resolve this issue, City staff and SPUC representatives have met on several occasions, and have formulated some recommendations which will be brought forward to the Utility Commission on October 3, 1994 and to the City Council on October 4, 1994. The recommendations from the Joint City/SPUC staff meetings are as follows: 1. Mr. VanHout is recommending to the Utility Commission that SPUC crews be utilized to perform the overhead portion of the project. The consensus from our discussions was that SPUC could probably reduce their overall costs by utilizing their own crews, who typically work at a lesser rate than contractors. This item does not require Council action, and staff will update Council on any action taken by the Utilities Commission. 2. A 50/50 cost split is proposed for the monetary difference between the value perceived by SPUC and their estimated costs ($121,000.00). This arrangement seems equitable, since the City's portion of the electrical work (duct banks and street lights) was reduced by $38,000.00 ($113,000.00 without Block 21) due to the redesign, which is the cause of the increased costs to SPUC. On previous occasions, the Utility Commission has also expressed a very civic minded approach to completing the project and enhancing the Downtown area. The administration of the cost split is proposed to be handled by subtracting SPUC's value ($272,000.00) from their total costs to the project, then sharing the remaining costs on a 50/50 City/SPUC basis. SPUC's total costs would then be $272,000.00 + 50% of the difference between their value and their total portion of the final project costs. The Utilities Commission will be considering this issue at their October 3rd meeting. Staff will update Council on any action taken by the Commission. ALTERNATIVES: 1. Approve of the 50/50 cost split as detailed herein, and adopt Resolution No. 5001. 2. Approve of some other cost split proportions. 3. Deny the request for further cost split. 2 RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No.-596T; A Resolution Establishing a Cost Sharing Policy for the Downtown Alleys Project, Project No. 1993-9 and move its adoption. DMN/pmp MEM5001 3 • yio/ RESOLUTION NO.580f A Resolution Establishing A.Cost Participation Policy For The Downtown Alleys Project Project No. 1993-9 WHEREAS, the City of Shakopee and the Shakopee Public Utilities Commission mutually desire to underground the existing power lines in the Downtown area; and WHEREAS, a redesign of this project was undertaken to reduce the total project costs; and WHEREAS, said redesign did decrease total costs, but increased Shakopee Public Utilities Commission's costs for this project; and WHEREAS, Shakopee Public Utilities Commission has plans to replace their existing facilities with overhead facilities in a few years at an estimated cost of$272,000.00; and WHEREAS, the estimated costs for undergrounding these utilities exceed the replacement cost by a significant amount. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: The Shakopee Public Utilities Commission's cost for the construction of the Downtown Alleys, Project No. 1993-9, shall be calculated in the following manner: 1. Shakopee Public Utilities Commission shall pay $272,000.00, plus 50% of their project costs above and beyond $272,000.00. • 2. The City of Shakopee shall pay the remaining 50% of the Shakopee Public Utilities Commission project costs above and beyond $272,000.00. • Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /3,r/\) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Cost Sharing for Downtown Alleys Project No. 1993-9 DATE; September 29, 1994 INTRODUCTION: Shakopee Public Utilities Commission (SPUC) has requested the City Council revisit the cost sharing concept for the Downtown Alleys Project. Attached is Resolution No. 5001, which addresses cost sharing for this project. BACKGROUND: On April 19, 1994, the City Council of Shakopee rejected the lone bid received on this project due to high bid prices. Since this time, staff has been working with SPUC and their consultant HDR to redesign the electrical portion of the project with the intent of reducing the overall project costs. The redesign of the electrical portion of the project has reduced the electrical portion of the cost estimate from $756,000.00 to $658,000.00, thus reducing the overall project costs by almost $100,000.00. At the request of the Community Development Commission(CDC), staff has increased the scope of the work to include undergrounding the electric service in Block 21, between Fuller Street and Atwood Street and between 1st Avenue and 2nd Avenue. Staff will be seeking Council authorization for this increase in the Scope of Services when the project is considered at the public hearing (See memo on this agenda). The cost estimate for the electrical portion of the project, including the new design (with the addition of Block 21) is $724,000.00. This is still $26,000.00 less than the original estimate without Block 21. Although the redesign has reduced the total project cost,the majority of the savings is in reducing the size and quantity of underground concrete duct work, which was previously identified as a City cost. The portion of the contract which SPUC is responsible for actually increased substantially. This increase is due to additional secondary transformers and wiring which allows for reduced duct bank sizing. Due to the increase in cost for SPUC, the Commission is requesting that City Council revisit cost sharing on this project. Lou VanHout, Utilities Manager has computed the "value" of the electrical undergrounding to SPUC. Mr. VanHout has defined this value as the cost to SPUC to replace the overhead lines. The overhead lines in the Downtown area are scheduled for replacement in SPUC's Capital 1 Improvement Plan for the year 2000-2003. The value to SPUC is $272,000.00. SPUC's estimated share of the project is $393,000.00. This leaves a difference between the value perceived by SPUC and their costs of$121,000.00. In an effort to resolve this issue, City staff and SPUC representatives have met on several occasions, and have formulated some recommendations which will be brought forward to the Utility Commission on October 3, 1994 and to the City Council on October 4, 1994. The recommendations from the Joint City/SPUC staff meetings are as follows: 1. Mr. VanHout is recommending to the Utility Commission that SPUC crews be utilized to perform the overhead portion of the project. The consensus from our discussions was that SPUC could probably reduce their overall costs by utilizing their own crews, who typically work at a lesser rate than contractors. This item does not require Council action, and staff will update Council on any action taken by the Utilities Commission. 2. A 50/50 cost split is proposed for the monetary difference between the value perceived by SPUC and their estimated costs ($121,000.00). This arrangement seems equitable, since the City's portion of the electrical work (duct banks and street lights) was reduced by $38,000.00 ($113,000.00 without Block 21) due to the redesign, which is the cause of the increased costs to SPUC. On previous occasions, the Utility Commission has also expressed a very civic_ minded approach to completing the project and enhancing the Downtown area. The administration of the cost split is proposed to be handled by subtracting SPUC's value ($272,000.00) from their total costs to the project, then sharing the remaining costs on a 50/50 City/SPUC basis. SPUC's total costs would then be $272,000.00 + 50% of the difference between their value and their total portion of the final project costs. The Utilities Commission will be considering this issue at their October 3rd meeting. Staff will update Council on any action taken by the Commission. ALTERNATIVES: 1. Approve of the 50/50 cost split as detailed herein, and adopt Resolution No. 5001. 2. Approve of some other cost split proportions. 3. Deny the request for further cost split. 2 RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5001, A Resolution Establishing a Cost Sharing Policy for the Downtown Alleys Project, Project No. 1993-9 and move its adoption. DMN/pmp MEM5001 RESOLUTION NO. 5001 A Resolution Establishing A.Cost Participation Policy For The Downtown Alleys Project Project No. 1993-9 WHEREAS, the City of Shakopee and the Shakopee Public Utilities Commission mutually desire to underground the existing power lines in the Downtown area; and WHEREAS, a redesign of this project was undertaken to reduce the total project costs; and WHEREAS, said redesign did decrease total costs, but increased Shakopee Public Utilities Commission's costs for this project; and WHEREAS, Shakopee Public Utilities Commission has plans to replace their existing • facilities with overhead facilities in a few years at an estimated cost of $272,000.00; and WHEREAS, the estimated costs for undergrounding these utilities exceed the replacement cost by a significant amount. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, NIINNESOTA: The Shakopee Public Utilities Commission's cost for the construction of the Downtown Alleys, Project No. 1993-9, shall be calculated in the following manner: 1. Shakopee Public Utilities Commission shall pay $272,000.00, plus 50% of their project costs above and beyond $272,000.00. • 2. The City of Shakopee shall pay the remaining 50% of the Shakopee Public Utilities Commission project costs above and beyond $272,000.00. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /1/0b CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of Remaining Alley in Block 31, Shakopee Plat MEETING DATE: October 4, 1994 INTRODUCTION: The attached Resolution No. 4075 sets a public hearing date to consider the vacation of the remaining alley within Block 31, Shakopee Plat. DISCUSSION: The City has received a petition for the vacation of the remainder of the alley located in Block 31, Shakopee Plat from Margorie R. Henderson, representing the Stans Foundation. The portion of the alley proposed for vacation is sixteen (16) feet in width, and is located adjacent to the west 40 feet of Lots 3 and 8, and adjacent to Lots 1, 2, 9, and 10, within Block 31, Shakopee Plat. The attached resolution sets a public hearing for November 15, 1994. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 4075, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Remainder of the Alley Located in Block 31, Shakopee Plat, and move its adoption. (CITYCOUN\VACASPHD.104) ice. .. RESOLUTION NO. 4075 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE REMAINDER OF THE ALLEY LOCATED IN BLOCK 31, SHAKOPEE PLAT WHEREAS, it has been made to appear to the Shakopee City Council that the portion of the sixteen (16) foot wide alley located adjacent to the west 40 feet of Lots 3 and 8, and adjacent to Lots 1, 2, 9, and 10, within Block 31, Shakopee Plat, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 15th day of November, 1994, at 7:00 P.M. or thereafter, on the matter of vacating that portion of the remaining alley located adjacent to the west 40 feet of Lots 3 and 8, and adjacent to Lots 1, 2, 9, and 10, within Block 31, Shakopee Plat. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSENT RESOLUTION NO. 4087 A RESOLUTION OF APPRECIATION TO EUGENE PASS WHEREAS, the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years; and WHEREAS, those individuals who are members of the City' s Volunteer Fire Department give many hours of their time for training, practice, and responding to fires within the City and sometimes outside of the City; and WHEREAS, Eugene Pass was a member of the Shakopee Fire department for over 20 years from September, 1973 until his retirement in October, 1993 ; and WHEREAS, Eugene diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department; and WHEREAS, Eugene faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness; and WHEREAS, Eugene displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. Eugene Pass for his many years of service on the Shakopee Volunteer Fire Department. Adopted in regular session of the City Council of Elie City of Shakopee, held this 4th day of October, 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney . CONSENT itc RESOLUTION NO. 4088 A RESOLUTION OF APPRECIATION TO CHARLES RIES WHEREAS, the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years; and WHEREAS, those individuals who are members of the City' s Volunteer Fire Department give many hours of their time for training, practice, and responding to fires within the City and sometimes outside of the City; and WHEREAS, Charles Ries was a member of the Shakopee Fire department for over 200 years from June, 1973 until his retirement in November, 1993; and WHEREAS, Charles diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department; and WHEREAS, Charles faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness; and WHEREAS, Charles displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. Charles Ries for his many years of service on the Shakopee Volunteer Fire Department. Adopted in regular session of the City Council of the City of Shakopee, held this 4th day of October, 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney CONSEE\IT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Assessments for Minnesota Valley 8th DATE: September 22, 1994 INTRODUCTION AND BACKGROUND: The attached resolution will apportion existing special assessments against the new parcels created as a result of the platting of Minnesota Valley 8th Addition. The developer has agreed to the apportionment which is outlined in the developers agreement for this plat. This plat has been recorded with the County Recorder and it is appropriate that the apportionment be adopted at this time. RECOMMENDED ACTION: Offer Resolution No. 4091, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Minnesota Valley 8th Addition, and move its adoption. RESOLUTION NO. 4091 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF MINNESOTA VALLEY 8TH ADDITION WHEREAS, on September 20, 1988, Resolution No. 29461 adopted by the City Council levied assessments against properties benefitted by construction of the Valley Industrial Park Sanitary Sewer Extension from the West side of County Road 17 tot he East side of County Road 79, Project No. 1987-13 ; and WHEREAS, Outlot C of Minnesota Valley 3rd Addition has been subdivided into the plat of Minnesota Valley 6th Addition; and WHEREAS, Outlots B, D and E of Minnesota Valley 3rd Addition have been subdivided into the plat of Minnesota Valley 8th Addition; and WHEREAS, Outlot A of Minnesota Valley 6th Addition has been subdivided into the plat of Minnesota Valley 8th Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlots B, D and E, Minnesota Valley 3rd Addition and Outlot A, Minnesota Valley 6th Addition because of the platting of Minnesota Valley 8th Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a Developer' s Agreement for Minnesota Valley 8th Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: That the 1994 payable remaining balance of assessments to parcels #27-084052-0, #27-084054-0, #27-084055-0 and #27-167002- 0 in the amount of $515 .18 are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 199 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney EXHIBIT A MINNESOTA VALLEY 8TH ADDITION REAPPORTIONMENT P.I.D. NO. PROPERTY OWNER LEGAL 1987-13 V.I.P. DESCRIPTION ASSESSMENT 27-188001-0 LAURENT BUILDERS INC. LOT 1 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188002-0 LAURENT BUILDERS INC. LOT 2 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188003-0 LAURENT BUILDERS INC. LOT 3 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188004-0 LAURENT BUILDERS INC. LOT 4 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188005-0 LAURENT BUILDERS INC. LOT 5 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188006-0 LAURENT BUILDERS INC. LOT 6 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188007-0 LAURENT BUILDERS INC. LOT 7 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188008-0 LAURENT BUILDERS INC. LOT 1 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188009-0 LAURENT BUILDERS INC. LOT 2 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188010-0 LAURENT BUILDERS INC. LOT 3 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION EXHIBIT A MINNESOTA VALLEY 8TH ADDITION REAPPORTIONMENT P.I.D. NO. PROPERTY OWNER LEGAL 1987-13 V.I.P. DESCRIPTION ASSESSMENT 27-188011-0 LAURENT BUILDERS INC. LOT 4 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188012-0 LAURENT BUILDERS INC. LOT 1 BLOCK 3 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188013-0 LAURENT BUILDERS INC. LOT 2 BLOCK 3 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188014-0 LAURENT BUILDERS INC. LOT 3 BLOCK 3 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188015-0 LAURENT BUILDERS INC. LOT 4 BLOCK 3 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188016-0 LAURENT BUILDERS INC. LOT 5 BLOCK 3 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188017-0 LAURENT BUILDERS INC. LOT 6 BLOCK 3 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188018-0 LAURENT BUILDERS INC. LOT 7 BLOCK 3 $28.64 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION TOTAL= $515.18 io vise d - CD /,( 3c ! 1t T EXHIBIT A MINNESOTA VALLEY 8TH ADDITION REAPPORTIONMENT P.I.D. NO. PROPERTY OWNER LEGAL 1987-13 V.I.P. DESCRIPTION ASSESSMENT 27-188001-0 LAURENT BUILDERS INC. LOT 1 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188002-0 LAURENT BUILDERS INC. LOT 2 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188003-0 LAURENT BUILDERS INC. LOT 3 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188004-0 LAURENT BUILDERS INC. LOT 4 BLOCK 1 • $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188005-0 LAURENT BUILDERS INC. LOT 5 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188006-0 LAURENT BUILDERS INC. LOT 6 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188007-0 LAURENT BUILDERS INC. LOT 7 BLOCK 1 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188008-0 LAURENT BUILDERS INC. LOT 1 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188009-0 LAURENT BUILDERS INC. LOT 2 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188010-0 LAURENT BUILDERS INC. LOT 3 BLOCK 2 $28.62 128 S. FULLER ST. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION EXHIBIT A MINNESOTA VALLEY 8TH ADDITION REAPPORTIONMENT P.I.D. NO. PROPERTY OWNER LEGAL 1987-13 V.I.P. DESCRIPTION ASSESSMENT 27-188011-0 DEAN J &JANICE WALDEN LOT 4 BLOCK 2 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188012-0 DEAN J &JANICE WALDEN LOT 1 BLOCK 3 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188013-0 DEAN J &JANICE WALDEN LOT 2 BLOCK 3 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188014-0 DEAN J &JANICE WALDEN LOT 3 BLOCK 3 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188015-0 DEAN J &JANICE WALDEN LOT 4 BLOCK 3 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188016-0 DEAN J &JANICE WALDEN LOT 5 BLOCK 3 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188017-0 DEAN J &JANICE WALDEN LOT 6 BLOCK 3 $28.62 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION 27-188018-0 DEAN J &JANICE WALDEN LOT 7 BLOCK 3 $28.64 13741 JOHNSON MEMORIAL DR. MINNESOTA VALLEY SHAKOPEE, MN. 55379 8TH ADDITION TOTAL= $515.18 CONSENT ] yfz.) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Beckrich Park Estates - Accepting Public Improvements and Releasing Escrow and Payment Agreement DATE: September 19, 1994 INTRODUCTION: Mr. Dale Dahlke has asked that his escrow and payment agreement for Beckrich Park Estates be released. BACKGROUND: When Mr. Dahlke platted Beckrich Park Estates he entered into a developers agreement which provided that he would install public improvements. In order to insure their construction he entered into a escrow and payment agreement with a bank (Escrow Agent) and the City and deposited money with the Escrow Agent to cover the estimated cost of the improvements. The improvements have been completed, inspected and accepted by the City and are past the one year maintenance period. Before the Escrow Agent can reimburse to Mr. Dahlke the amount on deposit remaining (the amount deposited is 125% times the estimated cost of the improvements) , the Agreement requires the City to adopt a resolution accepting the improvements. The attached resolution accepts the public improvements and authorizes the release of the escrow and payment agreement. There are a few additional plats which will require similar action by the City Council. Staff will bring them to Council as needed. ALTERNATIVES: 1] Accept the public improvements for Beckrich Park Estates 2] Do not accept the public improvements 3] Table the request RECOMMENDED ACTION: Offer Resolution No. 4089, A Resolution Accepting Public Improvements for Beckrich Park Estates, and move its adoption. BECKRICH.P&E RESOLUTION NO. 4089 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR BECKRICH PARK ESTATES WHEREAS, on April 21, 1992, City Council adopted Resolution approving the final plat of Beckrich Park Estates; and a r No. 3572 , g PP WHEREAS, on May 21, 1992 , the Developer of Beckrich Park Estates and the City of Shakopee entered into a Developer' s Agreement insuring the developer' s construction of required public improvements; and WHEREAS, on May 21, 1992 , the Developer of Beckrich Park Estates, the City of Shakopee, and Marquette Bank, Shakopee, entered into an Escrow and Payment Agreement which provided for funds for the construction of the required public improvements; and WHEREAS, the Escrow and Payment Agreement requires that the City accept the completed improvements by resolution; and WHEREAS, the public improvements have been constructed by the Developer and inspected and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the public improvements for Beckrich Park Estates are hereby accepted. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to release the said Escrow and Payment Agreement on file with the Scott County Recorder. 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 TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant RE: 1994 Budget Amendment Resolution No. 4099 DATE: September 27, 1994 Introduction There have been several changes since the adoption of the 1994 Budget that require budget amendments. Background 1. Budget Amendment Resolution number 4050 included a portion for the installation of new fuel tanks at the public works garage, however the amendment did not cover the full cost. Additional cost paid in August totaled $18,574.04. We are anticipating the need for additional funds for soil clean up costs in the future. 2 . Council approved hiring an intern for work on the Pay for Performance plan, and AWAIR Program at the September 6th meeting. In order to fund these projects, which were not included on the 1994 budget, a transfer of funds from the Council budget for Professional Services (originally designated for the Coalition, RAMP type program) , to the Admin. budget (Temp. wages) is required. The amount approved at the September 6th meeting was for a maximum of $8.00 per hour, 20 hours per week for 10 weeks. This would total $1, 600. plus benefits (FICA @7. 65%) of $122 .40 for a total of $1,722.40. 3 . In the 1993 Budget $15,000 was included for the purchase and installation of a Civil Defense Siren, but it was not delivered until 1994. Amendment #3995 provided for a portion of the costs but it did not include sales tax of $703 .80, and the installation proved to be more costly than anticipated. This is a chart of the actual costs vs what was included in the Budget Amendment: Actual Cost Res #3995 Difference Siren 11,449.98 11,450. . 02 Sales tax 703.80 -0- (703 .80) Installation 1, 522 . 69 1,300. (222 .69) Therefore an amendment is required for the additional $930. 4 . The 1994 Budget included revenue items for Administrative Charges. Some of these items are now recorded as Expenses Charged Back. An amendment to move these dollars from the revenue account for Administrative Charges to the Contra-Expense account for Expenses Charged Back is required. 5. With the creation of a new Enterprise Fund for Refuse Collection the budget for this program in the General Fund needs to be eliminated. Attached is a resolution that amends the 1994 budget to provide appropriations riations for the above items. PP Alternatives 1. Approve resolution as presented. 2. Amend resolution and approve. 3. Do not approve resolution. Action Offer Resolution No. 4099 A Resolution amending Resolution No. 3913 Adopting the 1994 Budget and move its adoption. RESOLUTION 4099 A RESOLUTION AMENDING RESOLUTION 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 increased as follows: Fund Division Account Increase(Decrease) Portion for the Fuel Tanks at the Public Works Garage: General Shop Capital Equipment 18,570 Capital Equip. Transfers Out 18,570 General Transfers In 18,570 Portion for Intern: General Admin. Personal Services 1,720 General Mayor Professional Services (1,720) Portion for Civil Defense Siren: General Police Capital Equipment 930 Capital Equip. Transfers Out 930 General Transfers In 930 Portion for the Administrative Charges: General Admin. Charges (9001-3404) (20,000) General City Clerk Exp. Charge Back (0131-4800) 2,000 General Finance Exp. Charge Back (0151-4800) 6,000 General Legal Exp. Charge Back (0161-4800) 2,000 General Planning Exp. Charge Back (0171-4800) 4,000 General Engin. Exp. Charge Back (0411-4800) 6,000 Portion for the Refuse Fund: General Refuse Coll. Refuse Charges (516,000) General Refuse Coll. Personal Services (2,900) General Refuse Coll. Supplies & Services (510,650) 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 iya MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: September 30, 1994 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 8th General Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. RECOMMENDED ACTION: Woo Offer Resolution No. -s50-0.0•, A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. q! b RESOLUTION NO. -05•01:5-0.- A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . The following persons are hereby appointed Judges of Election for the November 8, 1994 General Election for the six polling precincts with the City of Shakopee designated in Resolution No. 3646, adopted August 18, 1992 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Nancy Vaughan Donald Hart Ruth O'Reilley Betty Christensen Vella Gould Claude Kolb Hazel Eckland Irene Bursey Delores Reed Geraldine Heiland SECOND PRECINCT: Regular Judges Dolores Hartmann Susan Stolarcek, Chair Betty Menden Walter Ruhland Bob Neiters Rose Schleper Kathy Lewis Connie Berens Ethel Schneider Pat Schroers Eugene Pexa THIRD PRECINCT: Regular Judges Laura Olson Maetta Jurewicz, Chair Joe Schleper Brigid Altman Claudia Meyer Kathy Marschall Darlene Meuissen Martha Skalsky Marie Beckrich Jan Gerold Rose Lenzmeier Pat Mertz Char Steininger FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Lillian Weinandt, Chair Joan Schultz Edna Wangerin Muriel Koskovich Pat Clemens Jermayn Leavitt Ottilla Mingo Marge Bischoff Glenda Spiotta Don Zupan Don McNeil Lenore Johnson FIFTH PRECINCT: Regular Judges Joan Hart Carol Link Virgilla Geske, Chair Barbara Zupan Gayl Madigan Thea May Louise Vyskocil Ag Horeisch Carol Uhrhammer Betty Dols Judy Streefland 2 . The Election Judges shall be compensated for their work at the rate of $5 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $5 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 4th day of October, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT y4 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer P SUBJECT: St. Francis Sanitary Sewer Extension DATE: September 27, 1994 INTRODUCTION: Attached is Resolution No. 4094, a resolution receiving a report and calling a hearing on the St. Francis Sanitary Sewer Extension, Project No. 1995-2. BACKGROUND: On July 6, 1993, the City Council ordered the preparation of a feasibility report for sanitary sewer and watermain extensions to serve the new St. Francis Medical Center site adjacent to County Road 17. These improvements were petitioned for by St. Francis Hospital. During the past 14 months, staff has worked with Shakopee Public Utilities Commission(SPUC), their consultant Schoell & Madson, St. Francis Hospital staff, and the hospital's developer Fraunshuh Companies to identify possible alignments for the sewer and water services. The sanitary sewer portion of the report has been in a final draft form for some time, but was awaiting resolution of well and booster pump locations between St. Francis and SPUC. As work progressed on the watermain portion of the report, it became clear that the watermain location and size, as well as the installation of wells and booster pumps was greatly complicating that portion of the report. Due to this fact, and for the sake of expediency, City staff and SPUC representatives,have mutually decided to separate the sewer and watermain portions of the report. Although the reports will be presented separately, the construction of both utilities should be coordinated to allow for assessment of the watermain portion of the project. Separation of the two reports will also allow staff more time to design this project in-house. The watermain portion will be designed by SPUC's consultant, and can probably be completed in a lesser time frame. The feasibility report for sanitary sewer extension has been completed, and is attached for City Council review. The report recommends constructing a sewer lateral from the St. Francis site to the Chaska Interceptor. This sewer will serve area SS-I, and portions of areas SS-J and VP-H as defined by the Comprehensive Sanitary Sewer Plan. See service area map in the feasibility report. The current Special Assessment Policy allows for assessing new sewer construction such as this 100% to the benefitted properties. The attached resolution sets the public hearing to consider the sanitary sewer improvements for November. 15, 1994. ALTERNATIVES: 1. Adopt Resolution No. 4094. 2. Deny Resolution No. 4094. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4094, A Resolution Receiving a Report and Calling a Hearing on the St. Francis Regional Medical Center Sanitary Sewer Improvements, Project No. 1995-2 and move its adoption. DMN/pmp MEM4094 RESOLUTION NO. 4094 A Resolution Receiving A Report And Calling A Hearing On An Improvement For The St. Francis Regional Medical Center Sanitary Sewer Improvements Project No. 1995-2 WHEREAS,pursuant to Resolution No. 3828 of the City Council adopted July 6, 1993, a report has been prepared by the City Engineer, with reference to the improvement by installation of sanitary sewer to the new St. Francis Regional Medical Center on County Road 17 from the V.I.P. Trunk Sewer and this report was received by the Council on October 4, 1994. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of installation of sanitary sewer to the St. Francis Regional Medical Center on County Road 17 from the V.I.P. Trunk Sewer in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$115,230.00. 2. A public hearing shall be held on such proposed improvements on the 15th day of November, 1994, at 7:30 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1995-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT ) 4/2- MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer PMrj SUBJECT: Downtown Alleys, Project No. 1993-9 DATE: September 27, 1994 INTRODUCTION: Attached is Resolution No. 4096, a resolution calling a public hearing on an improvement for the Downtown Alleys, Project No. 1993-9. BACKGROUND: On April 20, 1993, a public hearing was held and the project was ordered. When bids were opened, only one bid was received, which was rejected. Since more than one year has elapsed since the initial public hearing with no contract awarded, a second public hearing will be required. The attached resolution sets the public hearing for November 1, 1994. ALTERNATIVES: 1. Adopt Resolution No. 4096. 2. Deny Resolution No. 4096. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4096, A Resolution Calling a Hearing on an Improvement to the Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30 and 31, Project No. 1993-9 and move its adoption. DMN/pmp MEM4096 RESOLUTION NO. 4096 A Resolution Calling A Hearing On An Improvement To The Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30, And 31 Project No. 1993-9 WHEREAS, pursuant to Resolution No. 3815 of the City Council adopted January 7, 1992, a report has been prepared by the City Engineer, with reference to the improvement of the Downtown Alleys in Blocks 21-25 and Blocks 29-31 by reconstruction and electrical undergrounding and this report was received by the Council on April 6, 1993. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TilE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of installation of the Downtown Alleys in Blocks 21-25 and Blocks 29-31 by reconstruction and electrical undergrounding in acccordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$784,000.00. 2. A public hearing shall be held on such proposed improvements on the 1st day of November, 1994, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1993-9 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer K,41-) SUBJECT: 1993 Reconstruction Project DATE: September 28, 1994 INTRODUCTION: Staff is requesting that the City Council set a date for the public hearing to consider the special assessments for the 1993 Reconstruction Project. BACKGROUND: The 1993 Reconstruction Project is essentialy complete and all project costs have been idientified. This project consists of the following street segments: • Naumkeag Street, between 2nd Avenue and 4th Avenue • 4th Avenue, between Naumkeag Street and Fillmore Street • Fillmore Street, between 3rd Avenue and 4th Avenue • Atwood Street, between 4th Avenue and 5th Avenue • Spencer Street, between 1st Avenue and 3rd Avenue • Spencer Street, between 4th Avenue and Shakopee Avenue • 8th Avenue, between Spencer Street and Atwood Street The final project costs are $1,653,193.74, which consists of construction costs totalling $1,356,907.58,and Engineering/Administrative costs of$296,286.16. The original Engineer's estimate for this project was $1,819,000. The total amount proposed to be assessed is $247,236.86. Prior to levying assessments on this project,a public hearing must be held. Special assessments must be certified to Scott County by November 30, 1994 in order to include them in the 1995 property taxes. Attached is Reslution No. 4097, which declares the costs to be assessed and sets the public hearing for November 1, 1994. ALTERNATIVES: 1. Adopt Resolution No. 4097. 2. Deny Resolution No. 4097. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4097, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the 1993 Reconstruction Project No. 1993-7 and move its adoption. DMN/pmp MEMS4097 RESOLUTION NO. 4097 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The 1993 Reconstruction Project Project No. 1993-7 WHEREAS,a contract has been let for the improvement of: Naumkeag Street, between 2nd and 4th Avenue;4th Avenue,between Naumkeag Street and Fillmore Street;Fillmore Street, between 3rd Avenue and 4th Avenue; Atwood Street, between 4th Avenue and 5th Avenue; Spencer Street, between 1st Avenue and 3rd Avenue; Spencer Street, between 4th Avenue and Shakopee Avenue; 8th Avenue,between Spencer Street and Atwood Street and the contract price for such improvements is$1,324,060.00,the construction contingency amounts to$32,847.58and the expenses incurred or to be incurred in the making of such improvements amounts to $296,286.16,so that the total cost of the improvements will be $1,653,193.74. Of this cost the City of Shakopee will pay$1,100,659.79as its share of the cost and the Shakopee Public Utilities Commission will pay $305,297.09 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 $247,236.86. 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 1st day of November, 1994, in the Council Chambers of City Hall at 7:30 P.M.or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearingto begiven 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 1 FEASIBILITY REPORT FOR 1ST. FRAN IS MEDICAL CENTER C SANITARY SEWER IMPROVEMENTS 1 1 1 1 I 1 I hereby certify that this plan, specification, or report was prepared by me or under my 1 direct supervision and that I am a duly Regist red Professional Engineer under the laws of the State of Minnesota i24,4 Date . / 01— 9// Registration No. ZO7 3 . 1 Project Team Ray Ruuska Dave Nummer 1 SEPTEMBER 1994 I� 1 TABLE OF CONTENTS I 1 DESCRIPTION PAGE NO. Introduction 1 Scope 1 ' Background 1 g Proposed Improvements 2 ' Cost Estimate 2 Special Assessments 3 Summary and Conclusions 3 • 1 I I 1 1 INTRODUCTION 1 By Resolution No. 3828, the City Council of Shakopee ordered the preparation of a feasibility ' report for the St. Francis Regional Medical Center sanitary sewer and watermain improvements. SCOPE This report evaluates the feasibility of extending sanitary sewer to the proposed St. Francis Regional Medical Center. See area map in Appendix. This report provides recommended improvements, cost estimates, possible funding sources and an estimated assessment roll. Watermain improvements to serve this area are not included in this report. A feasibility report on the watermain is being prepared by Shakopee Public Utilities. BACKGROUND In June of 1993, representatives of the St. Francis Regional Medical Center petitioned for sewer and water services for the proposed medical campus adjacent to County State Aid Highway 17 (CSAH) and south of the Trunk Highway (T.H.) 101 Bypass. Attached in the Appendix is a tentative site plan for the Medical Center Campus. The campus would be built in several phases. The sewer and water services will be needed for the first phase of the construction. Recently, the City of Shakopee entered into an agreement with the Metropolitan Waste Control Commission (MWCC) to include capacity in the proposed Chaska Interceptor to accommodate flow from Shakopee. The proposed sewer main from the St. Francis property is proposed to utilize the Chaska Interceptor. The preliminary interceptor design established a connection point for the proposed trunk sewer. The Chaska Interceptor is scheduled to be completed by June, 1996. Sewer service is being requested by St. Francis beginning in December, 1995. Since the Chaska Interceptor is not proposed to be in service at the time specified by St. Francis, temporary arrangements will need to be considered on the Medical Campus site. I � 1 I I I PROPOSED IMPROVEMENTS I trunk sewer south from the Chaska Interceptor is proposed to provide service to the St. Francis IA Medical Center. This sewer would serve the drainage areas SS-I, VP-H and part of SS-J as identified in the Comprehensive Sewer Study (approximately 134 acres). See map in Appendix. I Drainage areas SS-I and VP-H are within the current MUSA area. Area SS-J is not within the current MUSA. I It is proposed to construct a 10 inch PVC sanitary sewer on the east side of CSAH 17. The sewer will range from 20 to 30 feet deep. Due to the depth of the proposed trunk sewer, additional right-of-way or utility easements may needed to facilitate construction and maintenance 1 of the new sewer. Private service lines and sewer laterals into undeveloped property are not included in this project. I If these facilities are requested by property owners, they will be installed at the property owner's expense. 1 COST ESTIMATE 1 The estimated construction costs are summarized below. A detailed cost estimate can be found 111 in the Appendix. Estimated Sewer Cost $107,420.00 I Plus 20% Contingency 21,484.00 Subtotal $128,904.00 Plus 25% Engr./Admin. 32,226.00 ITOTAL PROJECT $161,130.00 I . cost estimate does not include any right-of-way or easement acquisition costs. I 1 I I2 I I I SPECIAL ASSESSMENTS/FUNDING I I The City of Shakopee Special Assessment Policy calls for assessing trunk sewers 100% to the entire drainage area benefitting from the sewer. There are approximately 134 acres benefitted by the trunk sewer. Based on an area assessment method, the estimated sewer assessments would I be $545.00 per acre. Areas outside of the current MUSA will not have direct access to sanitary sewer, and this report recommends that the assessments for these areas be deferred until the MUSA is extended into these areas. I RECOMMENDATION AND CONCLUSION ISanitary sewer service is needed to develop these areas of Shakopee. The costs for these improvements will be assessed 100% to the benefitting properties. IThis report concludes that the improvements are feasible and recommends that the project be ordered as described herein. I I I I I I I I3 1 ' APPENDIX 1 PAGE NO. 1 ' Area Map 1 Zoning Map 2 ' Hospital Site Plan 3 - IChaska Interceptor 4 Cost Estimate 5 Assessment Map 6 ' Assessment Roll 7 - 8 1 1 1 1 1 1 i 15111111t11II/ .i. ■ Z ■ r , r- C I. '"D. 1 77 III riI IJ ' 1 — _ G. 7 H. NO. 77 I 41116 11 `` 1\ 1 Ill 1111 c___ L J ■■■—■ ■ 1 '•..:..,ter �. �� '111.1//: ='':a%)=. � !• 1/4,, aay■HI Illi .... I r3 Ns • 7a, CO. RD. 79:\ Wtii mu ;" 1 : N .. ��r ._Er trill13141 b.-, . Ili 1111r4 0 en c,, is. -- j NI--3 - 'AA 1 7:111:411111- pirfra u VAI P Pir k. 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P:''' „,,, 22 44\\ 1.0.,>i,T .:114. 0.. 144, ,,),.,: ,.‘, . , ., ( ‘41:4,11,..,, ,:,‘\:.k.i,,.. .0.,.., ....,:iieka\ :, „.,... j. wv. r►waw • • .. ti t' f,'• , i EN E r — 11111 NB MI EN ON MI IN NS ■■M no NS a NS EN IMO I I ST. FRANCIS MEDICAL CENTER COST ESTIMATE I I ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS SEWER I 1 10" PVC SDR26 (20' - 30') L.F. 2550 $35.00 $89,250.00 2 48" Manhole (0' - 10') EA. 7 $1,100.00 $7,700.00 I3 Excess Manhole Depth L.F. 84 $80.00 $6,720.00 I 4 Seeding/Mulching ACRE 5 $750.00 $3,750.00 I Estimated Sewer Cost $107,420.00 I Plus 20% Contingency $21,484.00 Subtotal $128,904.00 Plus 25% Engr./Admin. $32,226.00 ITOTAL EST. 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Ctf a r o o L2 ♦n W c T Ca c r) CI CO O o Cu O o V. ,f) CO Q CD W CCS f� �. N- �.0 .c T _ .= T M .. N -C /o ^ �r J. T Cn 0. T U) U) r W U) T W U) Co C) LL T V) W rn II Oo r - U) a N O (+) N T O 0 0 0 to O O W 4) r O O O O O O cmr I E ,- CO z c) co W O Z a U) v7 r T C)--) r .- a) T W a) CO a °) co rn rn rn co C1 i I I 1 I I CL U Cn Q co N N N N N N r8 l5 a, CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: 1st Avenue Contract Amendment DATE: October 4, 1994 INTRODUCTION: The Downtown Streetscape Phase II Project 1st Avenue, is proceeding ahead of schedule. The base paving was completed today. The original contract specified that the wear course of paving would not be placed until 1995. The reason behind this condition was that staff did not feel the contractor would be able to pave the wear course this year due to weather conditions and timing so late in the fall. Being that the contract is ahead of schedule, there may be time available yet this year for paving the wear course. Staff would like to stress the point that we would like the flexibility of allowing the wear course to be paved this year. If conditions do not warrant paving, the wear will be left for next year. ACTION REQUESTED: Move to amend Item 12 in the Downtown Streetscape's Special Provisions, Project No. 1993-12 to allow paving in calendar year 1994 if conditions warrant, and as determined by the Engineer. DMN/pmp SHORT