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HomeMy WebLinkAbout10/18/1994 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: October 14, 1994 1 . Attached is the Monthly Progress Report from the Engineering Department for September. 2 . Attached is a memorandum from the Staff Engineer regarding the Pelham Parking Lot . 3 . Attached is correspondence from the City Attorney to Mr. Spurrier regarding Meadows Addition grading. 4 . Attached are the September 12, 1994 minutes of the Shakopee Public Utilities Commission. 5 . Attached is the Building Activity Report for September. 6 . Attached is a memorandum from the Planning Director regarding Jackson Township Annexation/Rezoning. 7. Attached is the Police Newsletter for Council review. 8 . Attached is a memorandum from the Assistant City Administrator regarding Lifetime Fitness - Phase I - Project Timeline . 9 . Attached are the October 6th minutes of the Board of Adjustment & Appeals and the Planning Commission 10 . Attached are the Revenue and Expenditure Reports as of September 30, 1994 . 11 . Attached is correspondence from the Staff Engineer to Brad Larson, Scott County Highway Department regarding a Warrant Study for Intersection of C.R. 15 and 11th Avenue . 1 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR SEPTEMBER, 1994 Respectfully Submitted a*fr49,/sgoss444, David M. Nummer Staff Engineer 1 I PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1 1. Minibypass 5/93 7/1/94. 99% Punch List Items Remaining 2. Upper Valley Drainage 9/93 7/29/94 95% See Narrative Section 3. 1993 Street Reconsturction 8/93 8/1/94 99% Assessment Hearing on 11/1/94 4. Rahr Service Line 5/94 10/94 99% Restoration Remaining 5. Pierce Street 6/94 7/94 50% See Narrative Section 6. 1994 Sidewalk Program 7/94 9/94 50% See Narrative Section 7. Public Works Parking Lot 7/94 10/94 99% Punch List Items Remaining 8. Parking Lot(Pelham) 7/94 10/94 10% Part of Downtown Streetscape 9. Downtown Streetscape II 7/94 10/94 60% See Narrative Section 10. Alley- Block 48 7/94 10/94 10% 11. 11th Ave. Storm Laterals 6/94 9/94 95% 12. Vierling Drive,Adams St. 7/94 9/94 30% Work Started on 8/29/94 to Presidential Lane 13. Pavement Preservation 8/94 10/94 95% Category II-Projects in Design 1. Downtown Alleys 6/93 Done 100% See Narrative Section 2. Fuller Street 7/94 9/94 0% See Narrative Section 3. Sarazin(Viking Steel Rd.) 7/94 9/94 90% Staff Reviewing Preliminary Plans 4. County Road 16 Utilities 7/94 11/94 30% OSM Doing Design 5. Alley in Block 51 8/94 9/94 0% See Narrative Section Category III- Projects Under Study 1. St. Francis Sewer/Water 7/93 8/94 100% Public Hearing Set for 11/15/94 2. C.S.A.H. 18 Connection 11/93 7/94 10% See Narrative Section 3. Maras Street 6/94 10/94 15% See Narrative Section Category IV - Private Subdivision Construction 1. Meadows 8th 5/93 8/94 100% 2. Maple Trails 6/93 9/94 95% Restoration/Shouldering Remaining 3. Dominion Hills 6/93 9/94 35% Portions have Gravel Base 4. Stonebrooke 2nd Unknown Unknown 0% 5. South Parkview 2nd 6/94 11/94 50% Utilities Complete 1 PROJECT START COMPLETE STATUS COMMENTS Category IV - Private Subdivision Construction(Cont.) 6. Meadows 9th 10/93 9/94 95% Asphalt Wear Is Completed, Working on Mound Rd 7. Westridge Bay 2nd 10/93 9/94 95% Restoration/Clean-up Remaining 8. Homestead Ridge 5/93 9/94 80% Asphalt Base And Curb Completed 9. Minnesota Valley 8th 9/94 11/94 15% Grading Complete/Starting Utility Work Category V - Special Projects 1. Comprehensive Sanitary Sewer Plan 1992 7/94 100% Draft Plan Completed 2. Comprehensive Stormwater 2/93 7/94 100% Draft Plan Completed Management Plan 3. Pavement Management System 6/94 9/94 100% See Narrative Section RFP's Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 2. Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline ditch is approximately 100% complete. The Contractor is placing topsoil and seeding. Work in the Tahpah Park area is about 99% complete. Excavation has begun for the Lions Park Pond and is complete. Restoration work has also begun on areas where only storm sewer pipe was installed. Bike trail construction is completed from County Road 17 to County Road 79. 5. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. 6. 1994 Sidewalk Program The pedestrian ramp and sidewalk work on this project is mostly complete except for some minor punch list items. The sidewalk on the north side of 1st Avenue from Shakopee Ford to the Mill Pond bridge is on hold until the Met Waste forcemain work is completed through this area. Work remaining includes retaining wall, grading and restoration. 9. Downtown Streetscape Utilities and base paving are complete. We anticipate wear course by mid October. Streetscape items left to complete include light poles and brick pavers. 11. 11th Avenue Storm Sewer Laterals Only punch list items remain on this project. 12. Vierling Drive Project was started on August 29, 1994 and the site has been graded. 3 Category No. 2 - Projects in Design 1. Downtown Alleys On April 19, 1994 the City Council rejected the lone bid received on this project and directed staff to re-schedule a public hearing on this project. The public hearing has been set for November 1, 1994. 3. Fuller Street This project will be a joint City/County project. The County has designed Apgar Street and has asked the City to design the Fuller Street realignment of County Road 77. The Council has directed staff to obtain a proposal from one of the City's design consultants for preparing the plans. A cost participation agreement will be prepared between the City and County to cover all costs. Category 3 - Projects Under Study 2. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project in 1994. 3. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Category S - Special Projects 1. Comprehensive Sanitary Sewer Plan(Consultant) The draft report is done. Staff has submitted the final report to all agencies in July. This report was recommended for approval by the Planning Commission in September, as a Comprehensive Plan amendment. 4 2. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report is completed. Staff submitted the final report to all agencies in July. The Planning Commission has reviewed the report and is recommending approval to the City Council. 3. Pavement Management System Staff has solicited proposals for this project. The deadline for submitting proposals is October 31, 1994. 5 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer pill SUBJECT: Pelham Site Parking Lot DATE: October 13, 1994 The parking lot at the old Pelham site is being constructed with the Downtown Streetscape Project. This parking lot was designed in conjunction with the Downtown Alleys Project, and was bid with that project last spring. When the City Council rejected the lone bid on the Downtown Alleys Project, the parking lot was shifted to the Downtown Streetscape Project. When the parking lot was designed, it was sloped so as to drain into the alley to the north, then out to Sommerville Street where the runoff would be picked up by catch basins. This design required that the alley be cut down several inches to allow the parking lot to drain. The delay in reconstructing the alley will cause the parking lot to flood. To avoid this situation, staff has directed the contractor to remove the pavement in the east end of the alley, and lower the grade to allow the parking lot to be used until the Downtown Alley Project begins. Staff is proposing to surface the alley with compacted Class 5 until next spring's construction season. The cost to regrade the alley and provide the Class 5 is estimated at less than $2,000.00. There are sufficient funds in contingency for this project to cover the expense. If the alley is reconstructed next spring, the pavement will be replaced under the Downtown Alley Project. If that project is held up for some reason, staff would have the streetscape contractor pave the alley next spring. DMN/pmp LOT October 10, 1994 Mr. H.R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 Dear Mr. Spurrier: Thank you for your patience since my last letter. We did have a survey prepared on the property about which you have concerns . The survey indicates that the lot was not properly graded by the developer, and it is not surprising that the property owner is experiencing flooding. The survey indicates that the elevations along the easement line range from 781 . 88 at the south end to 776 . 70 near the north end. The debris after the last flooding was located at 780 . 97, some 36 feet west of the property line, clearly indicating that the water is 31 feet outside the five-foot easement . A review of the grading plan for the subdivision reveals that the lot was intended to have a rear elevation of 786 . Therefore we have contacted the developer and indicated that we are concerned that the lot may not have been graded properly. A copy of the letter to the developer is enclosed. You also may want to contact the developer to discuss this problem. If you have further questions, please let me know. Sincerely, Karen Marty City Attorne KEM:bjm [10MEMO] Enclosure cc : Mayor Laurent Mr. Kraft Mr. Nummer • WILLA! SHAKOPEE September 27, 1994 Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 Attn: Paul Cherne RE: Meadows Addition Grading Dear Paul: There appears to be a problem involving lot grading in Meadows 2nd, 4th and 8th Additions adjacent to Outlot H(the wet pond). Grading on Lot 1, Block 5, Meadows 4th (attached) appears to have been done in a fashion which allows flooding in the back yard area in excess of existing pond easements. Please investigate the extent of the problem in grading lots adjacent to Outlot H and with the developer act to correct any lot grade currently prone to flooding beyond pond easements. Thank you. Sincerely, Ray Ruuska Engineering Coordinator RR/pmp GRADING cc: Dennis Kraft, City Admin. COMMUNITY PRUDE SINCE 1857 1?v Homes Street South Shakopee,Uinnecota 55379-1351 612-443-3h50 FA\ t,12-44 -h71S v0:31 7'. P i 8n,i!er Ens i neer i ns .* 4 I 2422 Enterprise Drive * PIONEER LAND SURVEYORS•Ctvtt.cr•GrNtterS 1 Mendota Heights,MN 55120 engineering.. LANDMANNERS•LAND=A►CAtrc,MITCCTL 2) 681.1914 Certificate of Survey for: WOVA K — P"E'Cg_ • - -Th •. . . • . . .� ..•'r } �`�8� ••ie-,2„ N o Ro iffi$,P - +cv ZO/ .• ./o ' . . . 0► ZG ' " ' • `36 • (....rt . . ,, 1•Orl - E' (er 3.?"12Z0 hits"ty)\' V / , �3 kti Zs. & :1D'): . , . i ! ^b� 1--23- 9/ 168, 4 \ o ti i / C �`$�.� �r./e,�y'• ! r'�e,'7g .��` • • -t�$•bf A -G ms s. ° 7 �Y t. ..,' '3 i 14.9 ��a� � ti I" 786.4 I s. •% i 4% 1786.1 . -- o /gtgov> : 0 u O. .I � •/ C N• 0 0 \,,t1/4_ i """ tz, � O 0 • r i 1 • • ,�e z„, ok, "h o 'o•o P ' --' r� wee 4 4186,8 ri • w �'pT!{ t,?a9 , ••171:'6•...., • �, Mt&I • 1Z --Del; * 10* 1 IA ....... • r i S!• 3 . 9o0..o Denotes existin. Eleva/ion o SE Y u E ELEVArIoN ' r e ro ded Elevation Lowes floor E e va Ion '7 33.4k I �r�o o� Den of s p p Denotes Droina e e ()Nib, Easement- o[Block Eleva fl on 11 (. 1& Denotes Drainsqe t•7ow Arrows Garae Slob Elevation -79 0.5 o� tscf flub o Denotes monument o penes D t Segrin s shown ore assumed 5u jecI to Easements o.Record LOTI iBLOCk 5 ..THE MEADOWS 471/ ADO!TIOM y'Co r rt COUNTY)MINNESOTA I hereby certify that this surety,Wan Or report wes prepared by meq or undet my dir►ct supervision and that I 41,r1 duly Repittered Land Surveyor under the taws of the State of N,innvs•?ta.Dated this— 'sd.Y of 'L f-.t(J ,'•D• t9 / / 1CCv: ¢/2a/9I Apt, Esc.Wei. V /2ih: 4QLo • --7 / )( �t'.. 5caieJj� � angEOT g. :t✓.tCH L.5. nEa.ren. 31.0/1 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on September 12 , 1994 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole, Vierling and Cook. Also present Liaison Sweeney, Joe Adams, Manager Van Hout and Secretary Menden. Motion by Vierling, seconded by Cook that the minutes of the August 1 , 1994 regular meeting, August 12 , 1994 adjourned regular meeting and September 1 , 1994 bill paying meeting be approved as kept . Motion carried. Manager Van Hout reported on a communication from the new City Engineer of Savage for a meeting to discuss water. Councilman Sweeney gave the liaison report . Mr. Sweeney reported that Chris Dirks will be leaving the Council at the end • of September. The City will be interviewing for a new City Engineer. Manager Van Hout will be invited to take part in the interview process with the understanding that the position of the Utilities Commission in the general. City structure is kept clear. Mr. John Green, Beckrich Park Estates was present to discuss the substation site with the Commission and to again voice the concerns of the residents of Beckrich Park Estates with regards to the Health hazards, stray voltage , aesthetics, etc. He further inquired as to the position of the Commission on the proposed alternate site. Mr. Green would like to be informed of any further action taken by the Commission on this issue. Dave Nummer, acting City Engineer was introduced to the Commission. A report dated 9/9/94 from Art Young regarding nitrate testing was given to the commission with a discussion following. The Commission would like Mr. Young and Manager Van Hout to develop guidelines for the nitrate testing and to bring it back for the next meeting. The bids for the County Road 18 watermain crossings were received. Three bids were received. I j } Motion by O'Toole, seconded by Vierling to award l,ampland Contracting from Rochester, Minnesota contract for. the County Road 18 crossings in the amount of $75, 700. 00 as low bidder, Motion carried. Ken Adolf, Schoell and Madson was present to give an update on the status of the feasibility study for the Co, Road . 17/ St . Francis Hospital Water. The feasibility study has been held up due to plan changes for the Medical Center to be constructed on Co. Rd. 17 , He informed the Commission of a meeting to be held latter in the week to update everyone involved on finalizing site plans . A history of the downtown electric un4ergrounding project >. was given to the commission dated 9/12/94 ,. An analysis of the cost sharing with the City Was given. Twojssues need to be addressed with the downtown project, The need to have some ,z • kind of match between the benefit and the AAst ;for the prQjeat, The increase in cPat to SPUC flue to the redesign of the project t'; Manager Van Mout recommended the Commission approach;.the City council about 5Plitting the excess coat that R#'IC Would pal► which are over and above the benefit -we wo 44 see, The consensus of , the commission is to explore funding : to finance the undergrounding. To brin4' this item " before the joint SPUC/City Council meeting in the near future. consult . Engineering to finalize the costs involved, Kevin Favaro, , R.W. Beck attended the meeting to give an update on the substation siting. He reported that the owner of the land that had been suggested for SPUC to look at for an alternate substation site had been out of town therefore he could not be contacted until the middle of September. Mr. . Favaro had talked to Tom Haugen who is developing a portion of the adjacent property which is also part of the alternate site. Various other issues were discussed relating to the property. Mr. Favaro will be contacting Northern states Power Co. to have them look at the conceptual layout of equipment locations for comments . The Commission directed Mr. Favaro to contact the property owners involved and to discuss the substation siting with the proper owners and come back to the Commission. Barbara Menden discussed the staff report on the heat share program and the recommendations for SPUC involvement in the program. SPUC will . be sending out inserts to inform customers about the heat share program, Motion by Vierling, seconded by O'Toole to approve the Shakopee Public Utilities involvement with the heat share program and to approve the collection and remittance of funds to the Heat share program. Motion carried. A communication from Scott County regarding moving a pole line for sidewalk construction along Adams Street from 6th Ave. to South of 12th Avenue was discussed. The Commission questioned the costs involved and if the Shakopee Public Utilities would be totally responsible for all the costs. The right-of-way and Utility easements were discussed. Joe Adams informed the Commission that it is Scott County policy that they only reimburse Utilities for relocations if the Utility is on private acquired easement that they have paid for and the easement is recorded. It was the recommendation of the Commission that Shakopee Utilities staff spend some time researching priorities, talking with other Electric companies as to their policies and relationship with the County and coming back to the Commission with a policy that represents some time consistent action. The Capital Improvement Plan for 1994-2002 along with the cash flow projection was given to the Commission by Manager Van Hout. A discussion followed as to the direction the Shakopee Public Utilities was headed. Motion by O'Toole, seconded by Vierling to adopt the five year capital improvement plan dated 9/9/94 with the supporting documents dated 5/12/94. Motion carried. Manager Van Hout notified the Commission that we will be advertising for an apprentice lineworker, a recently opened position. Manager Van Hout informed the commission Brad Gustafson was hired as 2nd class lineman. The Fall MMUA meeting will be held on October 19-21 . There was 1 fire call for 35 minutes during August, 1994. There were no lost time accidents for August, 1994. The next regular meeting will be held on October 3 , 1994 in the Utilities meeting room. Motion by Vierling, seconded by O'Toole that the meeting be adjourned. Motion carried. ki--)C04k Barbara Menden, Com sion Secretary CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - SEPTEMBER 1994 j September 1994 September 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 13 120 11,016,708 12 108 9,279,529 Single Family-Septic 5 19 3,815,167 1 23 2,904,820 Multiple Dwellings - 4 1,193,504 - 14 2,397,322 (# Units) (YTD Units) (-) (16) - (-) (38) - Dwelling Additions 8 114 536,107 4 71 420,273 Other - 14 1,446,828 4 15 170,731 New Comm. Bldgs 1 8 1,462,716 - 4 8,978,395 Comm. Bldg. Addns. - 2 250,000 - 3 159,750 New Industrial-Sewered 1 3 5,244,000 - 2 6,364,940 Ind. Sewered Addns. 1 4 920, 000 - 2 17,549,300 New Industrial-Septic - 1 175,000 - - - Ind. Septic Addns. - - - - - - Accessory/Garages 6 37 337, 625 5 31 471,840 Signs & Fences 12 90 192, 646 7 74 115,219 Fireplaces/Wood Stoves 2 11 19,139 1 7 13,750 Grading/Foundation 1 14 744,970 2 8 216,260 Moving - 3 - - - - Razing - 3 11, 150 2 9 80,313 Remodeling (Res. ) 3 37 249,667 - 22 140,713 Remodeling (Comm/Ind. ) 2 30 2,383, 619 6 45 2, 674,858 TOTAL 55 514 29,998,846 44 438 51,938, 013 No. YTD. No. YTD. Electrical 39 425 52 452 Plumbing & Heating 46 551 73 525 Total dwelling units in City after completion of all construction permitted to date 5, 161 r CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1994 10824 Raymond Dassrath 526 Minnesota Street Fence 400 10825 Stans Foundation 235 Fuller Street Museum 525,000 10826 J & B Equipment 8000 East Highway 101 Crane System 34,600 10827 Joyce Towery 520 West 7th Avenue Deck 1,008 10828 Harlan Tietz 916 Apgar Street Addition 20,000 10829 Greystone Construction 511 Marschall Road Grading 35,000 10830 Northstar Auto Auction 4908 Valley Ind. Blvd. Addition 115,000 10831 David Rief 571 Hennes Avenue Porch 4,000 10832 Olson Company 3253 East 4th Avenue Lumber Yard 3,474,000 10833 Golden Homes Bldrs. 2288 Promise Avenue House 200,000 L 2 B 2, Dominion Hills 10834 Signcrafters 1206 E. let Avenue Sign 10,000 10835 Tom Wermerskirchen 504 Hillwood Drive House 206,626 L 8 B 1, Hillwood Estates 1 10836 Dean Johnsen 857 Dakota Street Storage Shed 1,536 10837 G. F. Juergens 606 Barrington Drive House 184,000 L 3 B 5, Beckrich Park Estates 10838 Novak Fleck 1707 Thistle Lane House 86,378 L 2 B 3, Meadows 9th 10839 Novak Fleck 1708 Thistle Lane House 76,000 L 8 B 2, Meadows 9th 10840 Monnens Custom Bldrs. 529 Market Street House 80,000 L 2 B 1, Monnens Addn. 10841 David Arago 1415 Sage Lane Deck 924 10842 David Arago 1415 Sage Lane Fence 400 10843 Laurent Builders 1152 Polk Street House 69,000 L 6 B 1, Minnesota Valley 7th 10844 Tony Eiden Co. 3485 Westridge Drive House 196,652 L 1 B 5, Westridge Lake Estates 10845 Corwyn Barfknecht 2094 Foothill Trail Fireplace 1,400 10846 Cletus Link 1440 West 3rd Avenue Sign 500 10847 Harland Hohenstein 1515 Wood Duck Trail Sign 2,800 10848 Laurent Builders 1747 13th Avenue West House 93,000 L 1 B 1, Minnesota Valley 8th 10849 Laurent Builders 1779 Presidential Lane House 84,000 L 1 B 2, Minnesota Valley 8th 10850 Novak Fleck 678 Mound Street House 77,671 L 2 B 2, Meadows 9th 10851 Laurent Builders 1774 Presidential Lane House 71,000 L 7 B 1, Minnesota Valley 8th 10852 Jewel Ericson 2401 Emerald Lane Porch/Deck 9,000 10853 Robert Gossen 1485 Monarch Street House 100,000 L 3 B 2, Homestead Ridge 1st 10854 Town & Country Fence Meadows 9th Addition Fence 35,000 10855 Valley Green Business Highway 101 Sign Repair 2,200 10856 Attracta Sign 110-1/2 East 1st Avenue Sign 3,000 10857 Attracta Sign 126 South Lewis Sign 1,500 10858 Attracta Sign 108 East 1st Avenue Sign 3,500 10859 Timothy Platt 1579 C. R. 18 Storage Bldg. 25,600 10860 Shakopee Valley Printing5101 Valley Ind. Blvd. Remodel 5,000 10861 Robert Latzke 1069 Monroe Street Storage Bldg. 1,280 10862 Suburban Lighting 590 So. Marschall Road Signs 3,000 10863 John Otto 130 West 8th Avenue Garage 9,216 10864 Rick Foth 1205 Sunflower Circle Addition 900 10865 Novak Fleck 1743 Sage Lane House 74,497 L 12 B 2, Meadows 9th 10866 Russ Coyer 336 East 8th Avenue Remodel 900 10867 Tri-Star Builders 838 Apgar Street Repair 20,000 10868 Bill Baumann 2601 Emerald Lane Porch/Deck 40,000 10869 Allied Fireside 516 East 7th Avenue Fireplace 1,480 10870 Mary Zorn 910 East 8th Avenue Addition 25,000 10871 Tri-Art 138 So. Lewis Signs 4,000 10872 Giertsen Co. 1041 Eastview Circle Repair 50,000 10873 King Homes 1257 Swift Circle House 90,223 L 9 B 2, Parkview 1st 10874 King Homes 1553 Monarch Street House 130,000 L 6 B 2, Homestead Ridge 1st 10875 Jeff Rodning 1374 Maxine Circle House 200,000 L 12 B 1, Weinandt Acres 1st 10876 Monnens Custom Bldrs. 1267 Swift Circle House 130,000 L 8 B 2, Parkview 1st 10877 Mark Miller 585 South Main Garage 4,992 10878 School District #720 High School Track Storage Bldg. 7,000 P Total: $6,628,183 MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, Planning Director RE: Jackson Township Annexation/Rezoning DATE: October 14, 1994 NON AGENDA INFORMATION ITEM: Staff is scheduling the effective date for the annexation of the portion of Jackson Township north of the Bypass on Wednesday, November 9, 1994. This date falls immediately after the general election. This effective date will allow the election for the township residents in the annexation area to take place as a part of the township. Staff anticipates that the rezoning of the properties in the annexation areas will become effective on Thursday, November 10, 1994, with the necessary publication. The properties will be rezoned to Urban Residential (R-2) as established in the annexation agreement. (PLANNING\JACKSON.ANX) MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Lifetime Fitness - Phase I - Project Timeline DATE: October 13 , 1994 INTRODUCTION: Attached is a project timeline for Phase I of the Community Center Project . Note that staff is proposing a Committee of the Whole meeting for Tuesday, November 29, 1994 at 5 : 00 P.M. in the Shakopee City Council Chambers. The purpose of the Committee of the Whole meeting would be to allow Lifetime Fitness representatives to make their final presentation to City Council . If Council feels that a later meeting time would be more appropriate, the schedule can be adjusted accordingly. I also want to mention that Mayor Laurent and I will be meeting with Lifetime Fitness Representatives at their corporate office on Tuesday, October 18, 1994 at 2 : 00 P.M. The purpose of the meeting is to review the progress on the preliminary plans and the status of the marketing study. If another Councilmember would also like to attend the meeting, please contact me as soon as possible. Finally, we are in the process of scheduling a tour of both the Maplewood Community Center and the Lifetime Fitness facility in Eagan. The proposed date is Thursday, October 27, 1994 . We are tentatively scheduling to depart from City Hall at approximately 1 :30 p.m. with a return time of around 6 : 30 p.m. Park Board members are also being encouraged to participate in the tour. Again, if you are interested contact me . 10/10/1994 02:08 6129470077 LIFETIME PAGE 02 _ -7- Il SHAKOPEE PROJECT Revised timeline DATE/TME/NAME LOCATION PURPOSE Monday 10-10-94 Shakopee City Hall Review the Information kept 2 p.m. available by the City of Abdi, Barry Shakopee *NOTE: Change of meeting time LIFE TIME Fitness Review Progress on: Tuesday 10-18-94 Corporate Office a.) plans 2 p.m b.) marketing study Abdi, Barry, Bahram, Mayor Gary Laurent Thursday 10-27-94 Eagan Club Tour the Shakopee City Officials Bahram, Barry Maplewood Facility Tuesday 11-29-94 Shakopee City Hall Final Presentation to the City of 5 p.m. Shakopee Bahram, Barry, Abdi OUT OF TOWN: Barry: November 9- November 19 AbdI: October 25-October 31 Bahram: October 9- October 16 6442 CITY WEST PARKWAY,SUITE 275 • EDEN PRAIRIE • MN • 55344 • PHONE 612.947.0000 FAX 612.047.0077 C/ OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota October 6, 1994 MEMBERS PRESENT: Mars, DuBois, Christensen, Joos, Link, &Bladow MEMBERS ABSENT: Madigan STAFF PRESENT: Terrie Sandbeck, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Mars called the meeting to order at 7:30p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF September 22, 1994.MEETING MINUTES The meeting minutes were approved as presented with Christensen and DuBois abstaining. 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. OTHER BUSINESS There was no other business to be discussed. VI. ADJOURNMENT The meeting adjourned at 7:32 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota October 6, 1994 MEMBERS PRESENT: Madigan, Joos, Christensen, Bladow, Link, DuBois, &Mars MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, Senior Planner Terrie Sandbeck, Assistant City Planner Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Joos called the meeting to order at 7:33 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented with Christensen and DuBois abstaining. III. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. IV. APPROVAL OF CONSENT AGENDA Chrmn. Joos requested that item #14, Fischer Aggregates, Inc. be moved to the consent agenda. Motion: Comm.Mars/Bladow offered a motion to approve the consent agenda. Vote: Motion carried unanimously. V. PUBLIC HEARING: 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- ST.FRANCIS REGIONAL MEDICAL CENTER(SFRMC). Chrmn. Joos opened the public hearing regarding the above request. The Asst. City Planner provided a brief summary regarding this matter. Minutes of the page- 2 Shakopee Planning Commission August 11, 1994 Richard Wicka, representative for St. Francis, explained that issues still needed resolution and he would like to request more time to work with City staff. Chrmn. Joos asked if there would be any problem with putting them on the Oct. 20th special meeting. The Asst. City Planner answered that there would not be any problems with notification requirements. The Staff Engineer stated that he was confident the City staff can continue to work with the hospital representatives to come to resolution on the remaining issues. Motion: Comm.Mars/DuBois offered a motion to continue the public hearing to the October 20, 1994 meeting. Vote: Motion carried unanimously. VI. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE WEST VIEW SEVENTH ADDITION PUD.LOCATED AT 602- 612 JACKSON STREET-DARRELL BAHNSEN.JERRY ENNS. & PAUL HARDER. Chrmn. Joos opened the public hearing regarding this matter. The Asst. City Planner provided a brief summary regarding this matter. Comm.Mars asked whether the nine variances requested was a high number or not? The Asst. City Planner replied that it was not excessive given the experience with similar cases. Mr. Jerry Enns, 7333 Gallagher Dr., Edina, explained that the property was existing and currently was rental property. They did not anticipate any changes in use,just ownership. Comm. Mars asked if there would be an association to take care of the common areas shown on the plan. Mr. Enns replied that there would be an association. Comm. DuBois asked if there would be a dead space or other sound control measures between walls? Minutes of the Page- 3 Shakopee Planning Commission August 11, 1994 Mr.Enns replied that he did not anticipate any changes and was unsure what the wall structure is. Motion: Comm. Mars/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Christensen offered a motion to approve the preliminary and final development plans as recommended by staff. Vote: Motion carried unanimously. VII. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE CONDITIONAL USE PERMIT . RESOLUTION NO. 638. TO INSTALL FENCING AND ASPHALT PAVING.LOCATED AT 550 VALLEY PARK DRIVE-JACK BRAMBILLA. Chrmn. Joos opened the public hearing on this matter. The Asst. City Planner provided a brief summary regarding this matter. Rod Krass, representing the applicant, explained that the applicant had not submitted a report on car sales as identified in the memo because there have not been any at this time. He stated that he has informed the applicant that this report should be submitted whether there have been sales or not. He further stated that the item regarding the SPUC bill will be resolved. Mr. Krass said that his client has requested a six foot tall fence with two feet of barbed wire on the top. This fencing is critical for his client to prevent situations of vandalism. He said an eight foot fence without barbed wire would also be sufficient. Motion: Comm.Mars/Bladow offered a motion to close the public hearing on this matter. Vote: Motion carried unanimously. Motion: Comm. DuBois/Link offered Resolution No. PC-601, A Resolution Amending Resolution PC-638, a Resolution Granting a Conditional Use Permit to Conduct and Operation Involving the Retail Sales and Rental of Motor Homes. Discussion: Comm. Christensen asked where on the site the fence would be. Minutes of the Page- 4 Shakopee Planning Commission August 11, 1994 Jack Brambilla, 550 Valley Park Drive, stated that it would be at the rear of the property about 40 feet from the road. Comm. DuBois asked what the distance was to the Northstar site. Mr. Brambilla stated that he thought it was about 1/8 of a mile. Comm.DuBois/Link amended her motion to be an eight foot chain link fence rather than a six foot fence with barbed wire. Comm. Christensen suggested that it be recorded on the public record that the Commission is willing to grant an exception to this section of the ordinance only because this particular piece of property won't negatively affect any of its neighbors. Comm.Mars stated that he felt it was important that the trees shown on the site plan be put there. Mr. Brambilla stated that the trees were currently in place. The staff engineer stated that a small housekeeping issue was that the condition number four relating to sump skimmers should be removed. This is no longer an engineering department practice and if the facility ever needed replacement, the engineering department would not want to see the applicant forced to put in another sump skimming device. Comm.DuBois/Link amended her amended motion to delete condition number four relating to sump skimmers. The amended motion is as follows: Offered Resolution No. PC-601, A Resolution Amending Resolution PC-638, a Resolution Granting a Conditional Use Permit to Conduct and Operation Involving the Retail Sales and Rental of Motor Homes subject to the following conditions: 1. The applicant shall submit a revised site plan which includes the following changes: a. Show and label all lot lines and dimensions. b. Provide a 40 foot setback along Valley Park Drive. Remove all display areas from the required setback. c. Provide lot coverage calculations for each lot. d. Provide paved, bituminous or concrete, surfaces for all parking and outdoor storage areas. e. Provide required parking calculations on the plan. Label all customer and employee parking areas and display areas. Minutes of the Page- 5 Shakopee Planning Commission August 11, 1994 f. Provide a detail of the fences to be constructed on the site. All fences must be constructed in accordance with the Zoning Ordinance requirements. 2. Signage is limited to one freestanding sign and one wall sign. All wall signage must be mounted to a wall surface and not extend above the roof. The freestanding sign must be relocated out of the public easement. 3. No temporary structures are allowed on the site. 4. Additional erosion control silt barriers, as approved by the City Engineer, shall be placed on the north side of the project to ensure that erosion does not reach Valley Industrial Boulevard North. 5. The conditional use permit allows the retail sales and rental of recreational vehicles licensed by the state. As an accessory use, the applicant may also sell vehicles taken in on trade for the sale of a recreational vehicle. The applicant shall submit a list to the City of used vehicles sold on an annual basis(June 1st of each year). 6. The Conditional Use Permit Amendment shall be reviewed by the Planning Commission at the June 19955 meeting. The City Administrator has the authority to request the Planning Commission to review the permit if complaints are received. 7. The portion of the site labeled "to be paved" is approved for paving with bituminous material to comply with City Code Sec. 11.33, Subd. 3.S., Item "5", which requires that all driveways,parking areas, and outdoor storage areas be paved with a material to control dust and drainage. 8. The applicant shall obtain an approved Grading Permit prior to the paving of the portion of the site labeled "to be paved". 9. The portion of the site labeled "to be paved" is approved for the outdoor storage of recreational vehicles to comply with City Code Sec. 11.33, Subd. 3.S.8, which prohibits outdoor storage except as specifically approved in the conditional use permit review by the Planning Commission. 10. A fence,up to eight(8)feet in height, and consisting of chain link is approved by the Planning Commission to comply with City Code Sec. 11.33, Subd. 3.S., Item "7". 11. The applicant shall pay the balance of$601.86 which is owed to Shakopee Public Utilities for the underground distribution which was billed on Feb. 2, 1993, prior to the release of a Grading Permit, and / or the permit for the fence approved with Amendment No. 1. Minutes of the Page- 6 Shakopee Planning Commission August 11,1994 Vote: Motion carried 6-1 with Chrmn. Joos opposed. VIII. PUBLIC HEARING CONTINUED: 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 - ONECOMM CORPORATION. Chrmn. Joos opened the public hearing on this matter. The Asst. City Planner provided a brief summary regarding this matter. Mr. Bill Buehl, #7 Dorset, St. Paul, representing One Comm Corp. stated that his company is becoming a third competitor in the cellular business. He stated his company is in a fast-paced building phase. Comm. Christensen asked what the land use to the east was. Mr. Buehl stated that it was the BB Precision Auto Body. Motion: Comm. Mars/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Discussion: Comm. Christensen stated that she was inclined to vote this request down because she thinks that before we rezone the RTD in a piece-meal fashion, the City needs to look at the Racetrack area as a whole. The RTD area is special and should not be frittered away. Comm. DuBois stated that since there was light industrial to the east and north, it seemed a logical and natural transition. She stated that she does not have a problem with the request. Comm. Christensen said that the City should go slow in this area because no one knows what is going to happen here. The Senior Planner stated that although looking at the whole area is a good idea and something that will be done as part of the Comprehensive Plan Process, the direction this area will take seems to be pretty clear. Visually, the 4th and Shenandoah area is not going to be one of the primary entrances into the Racetrack since it is impossible to reach it without going through a large amount of light and heavy industrial development. It is also not a location that is likely to have much value for residential or commercial uses. Finally,there is a large amount of space between this site and the Minutes of the Page- 7 Shakopee Planning Commission August 11, 1994 Racetrack so it is not anticipated that any light industrial uses on this site could negatively impact the Racetrack. Comm. Mars stated that this area has been constrained by the RTD and it hasn't developed as what was thought. It is important to open this area up for other development. He stated he would like to see a larger area rezoned but that will been seen in another month or so. Motion: Comm.Mars/Link moved to approve the request to rezone the subject site from Racetrack District (RTD)to Light Industrial. Vote: Motion carried 5-2 with Comm.'s Christensen and Bladow opposed. IX. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO INSTALL A CELLULAR TELEPHONE ANTENNA FACILITY, LOCATED AT 2914 4TH AVENUE EAST- ONECOMM CORPORATION. Chrmn. Joos opened the public hearing on this matter. The Asst. City Planner provided a brief summary regarding this matter. Comm. DuBois asked whether item number three on page two was referring to a permanent easement. Bill Buehl, representative for One-Comm, stated that it was a permanent easement. Mr. Buehl stated that he did not have any problems with the staff recommendation with the exception that he felt the antenna might be less noticeable if allowed to remain unpainted. He also said that in light of the case earlier this evening, he would be willing to request an eight foot high chain link fence instead of the barbed wire fence mentioned in the memo. Mr. Buehl stated that the site plan was developed with the intent of saving as many of the existing trees as possible. They are looking at a 15 foot setback to save some existing trees rather than the 25 foot setback shown on the original site plan. He stated that the full 50'x 50' area will not be fenced. The only fencing will be around the area that contains the building and the pole. Mr.Buehl also pointed out that there is a 15 foot access shown on the site plan rather than a 20 foot one as recommended by staff because this is the access that is in the agreement with the property owner and recorded. Minutes of the Page- 8 Shakopee Planning Commission August 11,1994 Mr.Buehl said that he wanted it made clear that they are requesting approval of both the whip and panel antennas. Comm. Joos asked if there was a photo of the panel antenna. Mr. Buehl showed a photo of a panel antenna. Motion: Comm. Mars/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Link offered a motion to approve the Conditional Use Permit No.PC-699, A Resolution Approving a Conditional Use Permit be approved subject to the following conditions: 1. The approval of this Conditional Use Permit is contingent upon the approval of the request by the applicant to rezone the site from Racetrack District (RTD) to Light Industrial (I-1), and the removal of the site from the Mandatory PUD District. 2. The applicant shall construct the 12' x 20' x 10' tall structure of a material listed in Section 11.60, Subd. 5, Acceptable Building Materials. 3. The owner of the subject site, shall dedicate the 50'x 50' site(2,500 square feet)to be leased to the OneComm Corporation. 4. Access to the site will be from 4th Avenue. The owner of the subject site shall dedicate an access easement between 4th Avenue and the subject site to allow access to the leased site and the proposed structure in accordance with applicable fire codes. Said access shall be kept free of obstruction. 5. The perimeter fence shall be limited to eight feet in height and shall be made of chain link with no barbed wire. Vote: Motion carried unanimously. X. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO LOCATE A MODULAR OFFICE ON THE PROPERTY LOCATED AT 4908 VALLEY INDUSTRIAL BOULEVARD NORTH-NORTHSTAR AUTO AUCTION. Chrmn. Joos opened the public hearing on this matter. Minutes of the Page- 9 Shakopee Planning Commission August 11, 1994 The Asst. City Planner provided a brief summary regarding this matter. Kelly Conger, 4908 Valley Industrial Blvd. North, asked when the Phase I Zoning remapping will become effective. The Senior Planner stated that it would likely be in mid-November. Mr. Conger asked how he would know when this had been completed. The Senior Planner stated that if the applicant would give him a business card, the Senior Planner would call him when the remapping was complete. Chrmn. Joos asked what the usable life of the building would be. Mr. Conger stated that they will be leasing a new one and have a one year lease but that he does not know the typical lifespan of one of these structures. George Smith, 4908 Valley Industrial Blvd. North, stated that the life expectancy of one of these structures is approximately 10 years. His company is on a one year lease but they could be there for three or five years. Chrmn. Joos stated that he would like to see a review or renewal process put into this CUP. Motion: Comm.Bladow/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Link offered a motion to approve Conditional Use Permit Resolution No. PC 697 as recommended by staff with the addition of a sixth condition which states that the CUP must be renewed every five years. Vote:, Motion carried unanimously. XI. PUBLIC HEARING CONTINUED: TO CONSIDER A TEXT AMENDMENT WHICH WOULD MODIFY THE HOURS OF OPERATION FOR MINING AS A CONDITIONAL USE IN THE 1-2 DISTRICT- CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing on this matter. The Senior Planner provided a brief summary regarding s this matter. Motion: Comm.Madigan/Christensen offered a motion to continue the public Minutes of the Page-10 Shakopee Planning Commission August 11, 1994 hearing to the first Planning Commission in November. Vote: Motion carried unanimously. XII. DISCUSSION: Chrmn. Joos opened the floor for discussion regarding the Conceptual Plans for Valley Fair PUD. Larry Griffith and Walt Whitman, ValleyFair Amusement Park, provided a brief summary of the plan drawings and explained that ValleyFair would be coming in shortly to seek PUD approval. Chrmn. Joos indicated that it was good to see the wetlands and settling basins were being brought into the consideration. Comm.Mars asked if there was room to expand the park beyond the current property lines. Mr. Whitman responded that it was always a possibility. XIII. REVIEW: Fischer Aggregates was approved on the consent agenda. XIV. DISCUSSION: Chrmn. Joos opened the floor for discussion regarding the Transportation Plan. The Senior Planner provided a brief summary of the transportation issues facing the City in the future and pointed to significant changes in the transportation map. Chrmn. Joos asked about the status of the Bypass project. The Staff Engineer said that MNDOT is bidding out another section in November for construction in spring. He said that the current completion date is 1997. Comm. DuBois indicated concern with some of the safety issues on county roads, particularly 78, 17 and 77. The Staff Engineer indicated that those areas were under the control of Scott County and all concerns should be directed to the Scott County Highway Department. Minutes of the Page-11 Shakopee Planning Commission August 11, 1994 Jon Albinson, 5240 Valley Industrial Boulevard South, stated that it is important to build streets at about the same time as development is anticipated. If streets are built in advance of anticipated development, the assessments create undue hardship on the property owners. XV. OTHER BUSINESS: None. XVI. ADJOURNMENT The meeting adjourned at approximately 10:22 p.m. (MINUTES\PC10-6.94) w H O M H N O O to H M M o1 Tr HCV N 0 co O M O M O O CO O er O M tD H O M N N O O 01 N Ln l0 M O1 OD er 0 0 0 0 CO 0 N O O N O VD O L l O H A Z W l0 O O er VD O O O O ri Ifl H N VV M l0 O H H 00 O TM O O L� O to O U1 TV U H V' M T er CO O OD U1 O1 N M t0 U1 N N 01 U1 Ul CO N t` H H Ln H N H H H o4 al W C) C4 W . 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I N W d' zWE-I5 n N U Cu aoU 1 co I "' ao4m WZE-I u m u xao AES I xW o n: OU n M n . AEIE n it n W M U I x a U II II \ • a I U) 4 I U) O1 II W O 1 w O p ozw I CL, II Ca wo • U W 4 I • 0 • o U W 4 11 o I CD n II IH Wao ao n O o A II l0 a) N- N II M II W W II A II r-1 II Q,' z 11 VI m a) a) 4 z II m 11 E W 11 co [.. h • E W U .-I II (A >4 III EA >4 II l0 n V) II m w II II II w U II II II n u I 1 1 1 1 1 1 I ' 1 1 1 1 1 1 1 I 1 I 1 1 I I 1 W o4 1 I U A I > H I I I U) W n EI I cu ZO 1 W O n F 11 H I U) • H 11 pa a 1 U H • 4 a n `.7 - H I Z e.7 E+ H H II Cc. I w a z H G4 U a v) I Z 04 E 4( V) II W I H. U) a 0 W 11 a A u W A i O 4 a 4 11 w U I U- O W O H 11 0 O II W 1 O H o E W n A I'D 1 m U) N ' CO h n Z . 0 i w u) w (Ai) W 0 • WILLA! • SHAKOPEE October 14, 1994 Brad Larson Scott County Highway Department 600 Country Trail East Jordan, MN 55352-9339 RE: Warrant Study, Intersection of C.R. 15 and 11th Avenue Dear Mr. Larson: The City currently owns and maintains a flashing yellow pedestrian crossing light system at the intersection of 11th Avenue and County Road 15. The warning lights are suspended over the roadway by two power poles, one on each side of County Road 15. The system was installed some time ago, and is in a state of disrepair. It is my understanding that the poles which support this system will be moved to accommodate the roadway and sidewalk. At the City Council meeting on October 12, 1994, the Council expressed an interest in replacing the antiquated system,to provide protection to pedestrians going to and from Lions Park and the swimming pool. Being that the roadway will be upgraded to a four-lane urban section, I have concerns whether a replacement system of the same type as the existing system would be appropriate as pedestrian protection. In order to determine the appropriate level of protection for pedestrians in this location, the City is requesting that the County perform a warrant study. The City is hopeful that the study could provide recommendations for proper crosswalk protection at 11th Avenue. I realize that the project is not complete, and that you could not obtain traffic counts, etc. until the road is open. I was wondering if a study could be performed using traffic projections and estimated pedestrian counts to provide recommended improvements. The reason for performing the study prior to the construction being completed is that the City has a system in place now, and would like to replace it as soon as possible, to avoid possible injuries or accidents. I appreciate your time in considering the City's request. If you have any questions,or would like to discuss the matter further, please contact me at 445-3650. Sincerely, David M. Nummer Staff Engineer COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 TENTATIVE AGENDA • ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 18, 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 p.m. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approve Minutes of September 20th and 28th, 1994 8] Communications: *a] Harold and Carol Armstrong regarding Fuller Street realignment *b] John and Joann Tieben regarding Fuller Street realignment *c] Petition regarding Fuller Street (CR-77) realignment and community center development d] Canterbury Downs regarding off track betting - Res. 4106 9] Public Hearings: None 10] Recommendations from Boards and Commissions: *a] Rezoning Request from One Comm to rezone property lying 1000+ feet East of Shenandoah Drive and South of 4th Avenue from RTD to I-1 - Ord. No. 388 *b] West View 7th Addition PUD, located at 602 - 612 Jackson Street - Res. No. 4105 11] Reports from Staff: *a] Speed Zone Request b] Shakopee Basin WMO Joint Powers Agreement *c] Sarazin Street/Roundhouse Street Appraisal TENTATIVE AGENDA October 18, 1994 Page -2- 11] Reports from Staff continued: d] Fuel Tank Leak e] Murphy's Landing Sublease - bring memo received 10/12 *f] Interfund Transfers *g] Approve Bills in the Amount of $792, 807 . 64 h] 1995-1999 Capital Improvement Program (CIP) i] Storm Drainage and Sanitary Sewer Rates *j ] MWCC Request for Consent to Easements *k] Sanitary Sewer Service Agreement - Canterbury Park 3rd 12] Resolutions and Ordinances: *a] Res. No. 4104 - Ordering Report for Improvements to Vierling Drive Between CR-79 and CR-77 *b] Res. No. 4107 - Approving Premises Permit for Minnesota Multiple Sclerosis Society *c] Res. No. 4103 - Calling 1988A GO Improvement Bonds *d] Res. No. 4108 - Accepting Public Improvements for Milwaukee Manor 1st Addition 13] Other Business: a] Discuss date for Committee of the Whole to discuss planning with other governmental units b] c] 14] Adjourn Dennis R. Kraft City Administrator REMINDER: 5 : 30 p.m. October 25th Committee of the Whole meeting TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Meeting October 18, 1994 Chairman Lynch presiding 1 . Roll Call at 7 : 00 P.M. 2 . Accept Special Call 3 . Purchase Offer - Stans Property 4 . Stans Property - Abandoned Well 5 . Other Business 6 . Adjourn Dennis R. Kraft Executive Director Shakopee HRA //e/q 4 3 MEMO TO: Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Purchase Offer - Stans Property DATE: October 14, 1994 INTRODUCTION: On Tuesday, October 12, 1994 the listing agreement by and between the Shakopee HRA and Dave Brown Realtors was executed. At 3 :30 p.m. on Friday, October 14, 1994 Mr. Brown informed me that he had received a purchase offer for the property. It would be appropriate at this time for the HRA to discuss the terms of the proposed purchase agreement . BACKGROUND: The listing agreement called for a proposed selling price for the home located at 1124 East Second Avenue in the amount of $79, 000 . The terms of the proposed purchase agreement are as follows : 1 . Buyer agrees to pay the sum of $73, 500 . 2 . Closing date of December 15, 1994 . 3 . The Seller shall pay 2 points consistent with the guidelines set out in the Minnesota Home Mortgage Program. 4 . Seller shall pay on date of closing all other special assessments levied or pending as of the date of this agreement . 5 . Buyer shall pay prorated from date of closing all real estate taxes due and payable in the year 1994 . 6 . Seller shall pay taxes in 1995 over and above normal homestead portion. An assessment search of the property indicates that there are $ 1, 358 . 00 in outstanding assessments due on the property. There are also $ 300 . 63 in pending assessments scheduled for the property. Staff would recommend that the HRA counter offer at the original listing price ($79, 000) . Staff would also recommend that the HRA agree to pay 2 points consistent with the guidelines set out in the Minnesota Home Mortgage program. Staff would recommend that the other cost consideration terms noted by the prospective buyer be the responsibility of the buyer. Staff would also like to seek direction from the HRA with respect to future purchase offers. I question how involved the HRA wants to be involved with each purchase offer submitted. Perhaps some general direction with respect to a final sale price and terms should be determined so that we do not have to return to the HRA with each individual purchase offer. Direction on this issue is being requested. ALTERNATIVES: 1 . Authorize the appropriate HRA officials to submit a counter offer at the original listing price and 2 points . 2 . Authorize the appropriate HRA officials to submit a counter offer at the original listing price, two points and the seller to be responsible for all current and pending assessments . 3 . Direct the appropriate HRA officials to submit some other counter offer. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Authorize the appropriate HRA officials to submit a counter offer at the original listing price plus two points. IV,!/ft MEMO TO: Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Stans Property - Abandoned Well DATE: October 17, 1994 INTRODUCTION: Earlier this year the HRA acquired property for the relocation of the Stans house . The property is located at 1124 E. Second Avenue . When the HRA acquired the property, the previous property owners disclosed at the closing that a well had previously existed on the site . (See attachment #1) The seller' s have also verbally acknowledged that the well was sealed approximately 30 years ago. BACKGROUND: Current inspections of the former well site by two separate independent well contractors lead us to believe that the well was not properly abandoned. Inspectors from the State of Minnesota Department of Health have also inspected the site and believe that proper abandonment did not occur. Current state law specifies that the seller is liable to the buyer for costs relating to the sealing of any well and reasonable attorney fees for collection of costs from seller, if the action is commenced within six years after the date the buyer closed on the purchase of the property where the well is located. Staff believes that we may have legal recourse against the previous property owner for reimbursement of any costs associated with proper abandonment . Since the City is the current owner of the property, staff believes that it would be appropriate to take whatever steps are necessary to insure that the well is properly abandoned. I should mention that neither of the two independent evaluations or the State Dept . of Health Inspectors analysis of the situation can give us a 100% certainty level regarding the well status . No records are on file indicating whether or not the well was abandoned. There is some possibility that the well may be actually abandoned. Staff has received two cost quotations from local well contractors for abandonment . Cost estimates range between $1, 000 and $2, 800 depending on the depth of the well and the amount of debris within the current six inch clay pipe. The cost quotation received from Gary' s Well Drilling establishes a minimum amount of $1, 000 and a maximum amount not to exceed $2, 500 . Staff is recommending that Gary' s Well Drilling be selected to properly abandoned the well located at 1124 East Second Ave. at a cost not to exceed $2, 500 . Staff is also recommending that the City Attorney be directed to research what litigation options exist for the City with respect to the previous property owners. ALTERNATIVES: 1 . Direct the City Attorney to investigate the legal options available to the HRA with respect to the previous property owner' s liability in terms of the well disclosure. 2 . Accept the quotes submitted by Gary' s Well Drilling to abandoned the well located at 1124 East Second Ave. at a cost not to exceed $2, 500 . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternatives #1 and #2 . ACTION REQUESTED: 1 . Direct the City Attorney to investigate the legal options available to the HRA with respect to the previous property owner' s liability in terms of the well disclosure. 2 . Accept the quotes submitted by Gary' s Well Drilling to abandoned the well located at 1124 East Second Ave. at a cost not to exceed $2, 500 . . Attachment #1 MINNESOTA WELL DISCLOSURE STATEMENT Minnesota Law requires that before signing an agreement to sell or ,_ ,(,, ': transfer real property after June 30, 1990, the seller must disclose information in writing to the buyer about the status and location of all known wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county and a map showing the location of each well. In the disclosure statement the seller must indicate, for each well, whether the well is in use, not in use or sealed. A seller who fails to disclose the existence of a well at the time of sale and knew of, or had reason to know of, the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable ` ,, ,T to attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the well is located. Instructions for completion of this form are on the reverse side. 1. PROPERTY DESCRIPTION Street address: //21/ ^'4 WZ f'. sy�'`elf,e, City County .. 2. LEGAL.DESCRIPTION t Go7" 4 AOS ..9 P9Sy- sh.49A-oivC 3. WELL DISCLOSURE STATEMENT (Check the appropriate box.) ❑ The seller certifies that the seller does not know of any wells on the above described real property. 3 If this option is checked, then skip to the last line and sign and date this statement. �• ® The seller certifies that the following wells are located on the above described real property. , . MN. Unique Well Year of Well IN USE NOT IN SEALED Well No. Depth Const. Type USE Wel l 1 .Ga/( /AA/K .1411-K. Otik El Well 2 El ❑ ❑ Well 3 ❑ ❑ ❑ 4. SEALED WELL INFORMATION For each well designated as sealed above, complete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No _ 5. MAP Complete the attached map showing the location of each well on the real property. '6. CERTIFICATION BY SELLER I certify that the information provided above is accurate and complete to the best of my knowledge. 7-7'7c4 2 Qii,A,-,1-3414) . ‘,.-.--c /1, /75.? e.,, v . Seller or�Desi. nated Representative Date . (6/90) S October 18, 1994 To Mayor Laurent To the Shakopee City Council Members(Lynch, Sweeney and Beard) Shakopee City Hall Shakopee,MN 55379 Re: Property at 527 Mint Circle Shakopee,Minnesota Dear Mayor and Council Members: I am here tonight to specifically address a letter I received Saturday,October 15, 1994 from Council Member Sweeney. I would like at this time to formally request his letter and my response to that letter be included in the permanent record of this meeting. I must tell you,to receive a letter of this type from an elected city official was absolutely beyond belief. For the past several months I have been corresponding with city staff,with great frustration,trying to resolve an increasingly serious problem regarding the property at 527 Mint Circle. On Saturday(10/15/94)I received a letter from Mr. Sweeney. My first thought was excellent,finally a response from a council member. Did Mr. Sweeney respond to the severity of the problems? Did Mr. Sweeney respond to the dangers the pond represents to small children in that area? Did Mr. Sweeney respond to the specific problem of the pond encroaching 80 feet into the property owners lot? No,to all questions; Mr. Sweeney's only response was to threaten me with legal action. I find it appalling that a public official, whose position is open to public scrutiny and performance review would respond to a "lack of performance"criticism with threatened legal action. This is a flagrant abuse of power. As Harry Truman stated, "if you can't stand the heat,get out of the kitchen". Perhaps Mr. Sweeney's letter speaks quite clearly on his priorities. He is obviously more concerned with being criticized for failing to act on an important issue,rather than taking action to resolve a serious problem. If we receive no response from the mayor and other council members,then it would appear that this view is shared by all of our elected city officials. I have twenty years of experience working in municipal public works. I have repeatedly offered my services and expertise-at no charge-to the City,with the hope of bringing a constructive resolution to this problem. Not only have I had to deal with poor response from city staff,I have not even had the courtesy of an acknowledgment by the mayor and council members of those communications. . until Mr. Sweeney's letter on Saturday(10/15/94). The property owner and myself are STILL waiting,and willing,to meet to discuss what resolutions are needed. However,actions,such as Council Member Sweeney has displayed,are not moving TOWARD a constructive resolution,but away from it. Si sc.! � 40-- , •. . 1717 P ; ntial Lane Shakopee, '4, 55379 Attachment October 14, 1994 Mr. H.R. Spurrier 1717 Presidential Lane Shakopee Mn 55379 Dear Mr. Spurrier, I am in receipt of a copy of your letter to Ms. Karen Marty, Shakopee City Attorney, dated 10/12/94 charging the mayor and other city council members, including myself with malfeasance in office. As you may be aware, such a charge raises a grave question about how the city council members conduct themselves in office. Due to the gravity of your charges, I will contact Mr. James Terwedo, the Scott Count Attorney on 10/17/94 and request that he review your charges with the intent, that if they are substantiated, that I be indicted. Absent an indictment, I will be consulting my personal attorny about the possibility of filing an action alleging libel against you. Sincerely, R. 0. Sweeney cc: Karen Marty, City Attorney Mayor Gary Laurent City Council Member Joan Lynch City Council Member Michael Beard a OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 20, 1994 Mayor Laurent called the meeting to order at 7:05 p.m. with Cncl. Lynch, Dirks, Beard, and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator (at 7:58 p.m. ) ; Lindberg Ekola, Planning Director; Karen Marty, City Attorney; Dave Nummer, Staff Engineer, and Judith Cox, City Clerk. Items added to the agenda: 13e) Employment Resignation, 13b) Phone System Implementation, 13c) Resolution Of Endorsement For Appointments To The Metropolitan Council, 13d) Resignation Of A Councilmember, 8b) Communication From Doug Bell. Beard/Lynch 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 would like to speak on any item not on the agenda. There was no response. Items added to Consent Business: 13a) Employment Resignation, 11c) Solicit Proposals for Pavement Management System, llm) Customer Service Representative and Clerk Typist I Position Appointments, 11n) Elimination of Positions and Notification to Employees. Items deleted from Consent Business: 11e) Calling 1988A GO Improvement Bonds, and lig) Sewer Study on Westside Sewer District. Sweeney/Lynch moved to approve the Consent Agenda as modified. Mayor Laurent abstained from 11h) Release of Agreements Against Mn. Valley 6th and Minnesota Valley 3rd Additions. Motion carried unanimously. At the September 6, 1994 City Council Meeting Doug Bell wanted to make certain that communications he provided to the City Council was made part of the record. At that time Mr. Bell was encouraged to bring that information that he wanted to be officially received by the City. This information was provided tonight. Sweeney/Lynch moved to receive and file the letter from Mr. Bell, dated August 16, 1994, as it was submitted on the 16th to City Councilmembers, but not as part of the agenda; therefore it was not part of the official record of the City. Motion carried unanimously. Mayor Laurent stated that there are two very qualified, local candidates for appointment to the Metropolitan Council. i Official Proceedings of the September 20, 1994 Shakopee City Council Page -2- Beard/Sweeney offered Resolution No. 4090, A Resolution Endorsing The Appointment of Gloria Vierling or Joan Lynch to the Metropolitan Council, and moved its adoption. Motion carried unanimously. Mayor Laurent noted that Resolution 4072 canceled the public hearing on Proposed Stormwater Improvements for Northern Shakopee, Project No. 1995-1, through the consent business. Lindberg Ekola, Planning Director, approached the podium. Mr. Ekola stated that the action requested of the City Council is to approve the Comprehensive Sanitary Sewer Plan as well as the 20-Year Sewer Plan Element of the Comprehensive Plan. Mr. Ekola stated that he and Dan Boxrud, from Short-Elliot- Hendrickson, Inc. , the primary consultant on the plan, will be giving a presentation focusing on three topic areas: 1) administration of the Sanitary Sewer Plan, 2) private on-site septic systems, and 3) public sewer system improvements. Mr. Ekola asked that the City Council use the Discussion Guide provided (Pages 24.18, 24.19, and 24.20 from the Comprehensive Sanitary Sewer Plan, Shakopee, Minnesota, SEH Project No. SHAK02056, July 8, 1994 and discuss each item separately and come to consensus on them. 1. Periodically update Comprehensive Sanitary Sewer Plan. Discussion ensued on the permanency of the plan and how it drives improvements as well as the cost to prepare. Mr. Dan Boxrud approached the podium. He stated that this was not the typical comprehensive sewer plan, so using the cost of this for the basis of estimating the cost for the next one would be irrelevant. The entire data base was set up on the entire sanitary sewer system as part of this project, and since this is in the computer now all that is needed is to add projects and they are constructed, so that someday if you need to analyze a development proposal to find out if you can route flows the way the developer wants to, instead of the way the planner wants to, you have the information there. Mr. Boxrud's best estimate of a future cost was $50,000.00. The original scope of work on this project was approximately $100, 000. 00 including the data base. Councilmembers concurred with Action Plan 11. 2 . Monitor land absorption, keep Met. Council advised, and propose MUSA expansions when urban land is down to a 5-year supply. - Official Proceedings of the September 20, 1994 Shakopee City Council Page -3- Councilmembers concurred with Action Plan #2. 3. Annex and serve portions of Jackson Township as development demand dictates to prevent leap-frogging. Cncl. Sweeney stated he was uncomfortable with addressing specifics in this format, where the first time Jackson Township hears anything about this, is if they have Cable T.V. and are watching this City Council Meeting. He stated that Jackson Township and Louisville Township should be involved in taking an ownership position in the sanitary sewer plan in order for it to work. Cncl. Beard stated that setting up a Committee of the Whole Meeting between Jackson Township and the City Council would be very appropriate, if in fact this is the direction the City Council wants to go. • Mayor Laurent expressed his consent on item No.3 with the exception that a Committee of the Whole Meeting between the City Council, Jackson Township, and Louisville Township be held. Cncl. Dirks stated she didn't feel that something that is to be done in 2000, 2010 was a high priority and wanted to down grade it so if Jackson Township were watching, it did not appear as though the intent was to pursue this earlier. Mr. Stock entered and took his seat. Mr. Dan Boxrud approached the podium. He stated that relative to the specific numbers on the Jackson Township Annexations, this was the result of following through on the growth projected in tables 1-10 in the front of the Comprehensive Sewer Plan. Mr. Boxrud stated that the annexations illustrated in the plan represent one growth scenario only. This growth scenario is intended to verify to the Met Council that adequate land area is available for the City's future long term growth and that adequate sewer capacity could be provided even in portions of Jackson Township. The actual decisions on what areas should be annexed and served by public sewer will have to be considered when appropriate. Mr. Beard suggested that item No. 3 be brought up at a Committee of the Whole Meeting with the townships. Councilmembers agreed to set Action Plan #3 aside until after discussion on East/West development. If adopted as drafted it would exclude development on the east end of town. Relative to private on-site sewage treatment, Mr. Ekola stated that in general there are no problems with on-site septic systems in Shakopee. He explained the upcoming annual inspections that will Official Proceedings of the September 20, 1994 Shakopee City Council Page -4- be required by Metropolitan Council. Cncl.Sweeney suggested exploring the use of Scott County for inspections versus the City hiring additional staff. 4. Review and improve on-site sewer regulation, zoning ordinance and subdivision regulations. Councilmembers concurred with Action Plan #4. 5. Replace Interceptor 7024 with new 16" forcemain and replace L- 16 with 3700 gpm lift station. Councilmembers concurred with Action Plan #5. 6. Reconstruct lower portion of River District Trunk Sewer; slipline upper portion of River District Trunk Sewer; and monitor flows to identify potential infiltration and inflow. As a result of the infiltration inflow study some improvements will be necessary. Councilmembers concurred with Action Plan #6. 7. Construct private sewers and lift station to pump Rahr's flow from Malt houses 1, 2, 3, and 5 through Rahr forcemain. It was noted that this is an on site project of Rahr's. 8. Construct Chaska Interceptor to CR-79; Construct Chaska Interceptor from CR-79 to CR-15. It was noted that this is being handled by Metropolitan Council. 9. Construct Shakopee Bypass Crossings: SS-L, Temporary hospital connection to VIP Trunk, and SS-F. It was noted that SS-L (East end of 12th Avenue N of bypass) is done. It is hoped that the Chaska Interceptor is completed to meet the needs of the hospital to avoid the cost. SS-F is the area S of CR-83 to serve around CR-16 and E of CR-83. 10. Construct VIP diversion between Chaska Interceptor and VIP Trunk. Councilmembers concurred with Action Plan #10. 11. Eliminate Canterbury Inn lift station with sewer extension to Chaska Interceptor. It was noted that this is part of the CR-16 project. Councilmembers concurred with Action Plan #11. Official Proceedings of the September 20, 1994 Shakopee City Council Page -5- 12 . Trunk Sewer extensions: SS-K, SS-H, SS-D, JT-A, SE-C, SE-D, SE- F, SS-A, SS-B, SS-C, SS-E, JT-B, SS-F, EI-B, and EI-C. A raft of sewer extensions over the years until 2010. It was noted that these can not be adopted until the Council establishes where future growth should occur. 13. Develop trunk sewer area charge policy and fund. No action taken. Staff will be developing this policy as soon as possible. Mr. Ekola stated that the action requested in the staff memo was to approve the Comprehensive Sanitary Sewer Plan and the Sanitary Sewer Element Summary, and then direct staff to submit the formal application to Council. He suggested a Committee of the Whole meeting to discuss issues needing to be resolved. Cncl. Sweeney stated that he would like to see addressed at the Committee of the Whole Meeting, the Jackson, Louisville Township, and Scott County Comprehensive Plan. Cncl. Sweeney stated that there are political dimensions to the decision making process. One place where we have some problems is where we have a highly desirable and politically impossible setting. He stated that we are not doing the Planning Commission a favor by letting them operate in the technical area without some direction on what is or is not politically feasible. He stated that the Committee of the Whole discussion should precede Planning Commissions decisions. He felt that the Planning Commission is being set up to spend a lot of time on the Comprehensive Sewer Plan, approve it and then send it forward to the City Council for approval. And then the City Council may not approve it. Mayor Laurent stated that discussions should perhaps go on concurrently. Cncl. Sweeney stated that at the first Committee of the Whole Meeting in October, the political decision should be addressed. Mayor Laurent asked if any members of the audience would like to address this issue. Steve Soltau, Project Manager for the Shakopee Crossings Project, approached the podium. He stated that he was receptive to the comments addressing the fact that the current sewer plan does not address the Dean's Lake or East Shakopee area at all. He also stated that he understood the urgency of moving forward with the Met Council. However, he stated he was not sure his concerns were outweighed by the urgency of moving forward with the comprehensive plan that will allow them to move forward with an amendment submission to Met Council. He ended with offering their Official Proceedings of the September 20, 1994 Shakopee City Council Page -6- availability at any time to supplement the information Council currently has. Cncl. Sweeney stated that Mr. Soltau's remarks suggest that a true public hearing be held to invite people with an interest in development directions to participate in this. Jon Albinson, 5240 Valley Industrial Blvd. So. , approached the podium. He wanted to know if the November, 1994 bid letting for the bypass doesn't go out, does that mean the interceptor will also be held up, which would impact the hospital hooking up? Mr. Kraft stated that the hospital was also looking at other options which include an on-site holding tank that would be pumped for the first phase of their development, possibly a temporary connection from the location of the Chaska interceptor northward, to the (VIP) . Another option was that there might be a deep enough manhole and enough capacity in the pipe that the first development will not generate effluent to exceed that capacity. Mr. Jon Albinson asked at what point in time the trunk sewer fee plan would be formulated and implemented. Mr. Ekola stated it would be done as soon as possible, and that it is item No. 13 on the Action Plan. Cncl. Sweeney stated that this is also a political decision and it would be wise for staff to have some input from policy makers before they spend the time putting the policy together and then have it torn apart. Mr. Jon Albinson asked whether he could assume there would be a public hearing process involved with the implementation of the Sanitary Sewer Trunk Policy. He stated that because of the magnitude of the dollar amount for a trunk fee, a public hearing process would be appreciated. He stated that he hoped that the policy is implemented in a time table that would not permit development to take place and skip paying those fees where it should have paid the fees, because of a time issue. Mayor Laurent recessed the City Council Meeting for a break at 9:20 p.m. Mayor Laurent reconvened the regular session of the City Council at 9:35 p.m. Sweeney/Lynch moved to appoint Tracy Menden to the position of clerk typist, effective immediately, at the 1994 rate of $1,464 .08 per month with subsequent adjustments as provided for by the Public and Law Enforcement Clerical, Custodial and Technical Employees Union Contract. (Motion carried under consent business. ) r Official Proceedings of the September 20, 1994 Shakopee City Council Page -7- Mr. Nummer explained the need to hire a consultant to provide professional engineering services to design the CR-16 Sanitary Sewer Improvements. He recommended Mr. Weiss from Orr-Schelen- Mayeron & Assoc. , Inc. (OSM) . Discussion followed. Cncl. Sweeney recommended coordinating the improvement with Shakopee Public Utility's relocation of the poles so that the poles or the sewer are not moved twice. Mr. Nummer stated that he would be meeting with Scott County to determine the exact location of where they will allow the sewer within their right of way. He stated that at this time they don't want the sewer in the road. Sweeney/Beard moved to authorize proper City Officials to execute the contract extension agreement with Orr-Schelen-Mayeron & Assoc. , Inc. for design services, not to exceed $29,500.00 (CR-16 Sanitary Sewer Improvements) . Cncl. Sweeney asked why Orr-Schelen-Mayeron is going to design the sewer instead of Short-Elliot-Hendrickson, Inc. Mayor Laurent stated that Short-Elliot-Hendrickson was specifically retained to complete the sewer study. They are not one of the general contracting consultants. Cncl. Sweeney asked whether Short-Elliot-Hendrickson wasn't a step ahead of anybody else coming into this. Mr. Boxrud approached the podium and stated that the Comprehensive Sewer Plan sized all the sewers, and the way things ended up with bedrock issues and pipe elevations, they did have to go through a lot of detail. He stated his only concern about somebody else using their information was the proper application of it. Mayor Laurent stated the reason Orr-Schelen-Mayeron was contacted was because of their involvement in the Viking Steel Street Project and their involvement with the County. He stated there will be a lot of negotiating from this project with the County as to where to put sewers, how to built them, and access to them etc. , and they are dealing with these issues with the County. He stated that the County has sent them a letter saying if they don't bid under contract with them, time delays experienced by the contractor will be liable to the City. He stated they want somebody, other than City staff, somebody in a Professional Engineer status, to deal with the County on some of these issues. Mayor Laurent stated that it was his feeling that there is a need for some relationship building between City and County staff at the engineering level. • Official Proceedings of the September 20, 1994 Shakopee City Council Page -8- Cncl. Sweeney stated he would vote against the motion and recommended the other councilmembers also vote against it and get other bids on this. Motion carried with Cncl. Sweeney dissenting. Sweeney/Lynch moved to approve the Request For Proposals for a Comprehensive Pavement Management Program and direct staff to solicit proposals. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the appropriate City Officials to execute necessary agreements to accept the Small Business Administration's (SBA) Natural Resource Development Grant of $5, 000. (Motion carried under consent business. ) Sweeney/Lynch moved to table agenda item No. lle, Calling 1988A GO Improvement Bonds. Motion carried unanimously. Sweeney/Lynch moved to approve the bills in the amount of $827, 146.41. (Motion carried under consent business. ) Sweeney/Lynch moved to direct staff to obtain a quote from Short- Elliott-Hendrickson for performing the Westside Sewer Study. Motion carried unanimously. Cncl.Sweeney suggested exploring Mr. Watson paying for the study. Sweeney/Lynch offered Ordinance No. 387, Fourth Series, An Ordinance Amending City Code Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, Sec. 3.21, Limitations on Discharge Into The Sanitary Sewer, Subd. 3, Prescribing Certain Limits, by Repealing Paragraph C.7, and Adopting One New Paragraph Relating to The Same Subject, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch authorized the release of the Subdivision Agreement dated June 10, 1992 against Outlot A, Minnesota Valley 6th Addition; and, authorized the release of An Agreement Recognizing Sanitary Sewer Limits dated April 8, 1991 against Outlots B, C, C, and E, Minnesota Valley 3rd Addition. (Motion carried under consent business, with Mayor Laurent abstaining. ) Sweeney/Lynch authorized the appropriate City officials to purchase three acres located at the Southwest corner of County Highways 78 and 79 for $130,000. 00; and, to execute a lease/purchase agreement between I.S.D. 720 and the City of Shakopee for the property. (Motion carried under consent business. ) Mayor Laurent stated that item lij) Clean-up After Contractors needs no action by the Council because there is already that kind of language in our contracts. Official Proceedings of the September 20, 1994 Shakopee City Council Page -9- Cncl. Sweeney stated that staff has other issues, the highest priority not being on top of the contractor to clean up unsightly conditions around completed construction projects. He suggested informing staff of the importance of this, and to inform the contractors to clean any piles of material up within an allotted time frame, after which the City would then clean it up and they will be fined. Discussion ensued on establishing a policy for City Council to follow when there is a vacancy on the Council. The City Administrator will prepare a draft policy incorporating the suggestions mentioned by Councilmembers tonight for Council to review at their next meeting. Sweeney/Lynch directed staff to allocate $35,000.00 from the storm drainage fund to construct the millpond treatment basin and proceed with the Metropolitan Council water quality grant process. (Motion carried under consent business. ) Sweeney/Lynch moved to appoint Barb Potthier as Clerk Typist I at Step 4 of the 1994 wage scale. (Motion carried under consent business. ) Sweeney/Lynch moved to appoint Tamara Vidmar as Customer Service Representative at Step 4 of the proposed 1994 wage schedule (wage for the position to be effective after amendment to the 1994 union contract) (Motion carried under consent business. ) Sweeney/Lynch moved to eliminate the positions of main receptionist, recreation receptionist, and public works receptionist, and directed staff to send the appropriate notices abolishing the positions to the employees presently holding those positions. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 4070, A Resolution Accepting Work on Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; Pierce Street, 2nd Avenue to 3rd Avenue, Project No. 1992-6, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Ordinance No. 386, An Ordinance of the City of Shakopee, Minnesota, Changing the name of a portion of Vierling Drive in the City of Shakopee to 13th Avenue, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 4071, A Resolution Amending Resolution No. 3913, Adopting the 1994 Budget, and moved its adoption. (Motioncarried under consent business. ) Sweeney/Lynch offered Resolution No. 4074, A Resolution of the City of Shakopee, Minnesota, Approving a Premise Permit for the Shakopee Official Proceedings of the September 20, 1994 Shakopee City Council Page -10- Youth Hockey, Inc. , and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 4072, A Resolution Canceling the Public Hearing for the Storm Water Improvements to Northern Shakopee, Project No. 1995-1, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch moved to accept the resignation of William Schultz, Volunteer Firefighter. (Motion carried under consent business. ) Mr. Stock stated that a new phone system needs to be installed to accommodate incoming calls at the Public Works Department in conjunction with the elimination of the receptionist position. He explained that staff is looking at a voice mail connection from the Public Works building to the City Hall. Cncl. Beard asked if, in making a call to talk to somebody at Public Works, a caller would be routed through a person first. Mr. Stock stated that the voice mail has many capabilities. Right now when you call you do get a person. Three additional lines will be added to the City Hall phone system because all the Public Works calls will go directly into City Hall, which would be answered by a receptionist. These additional lines are needed because the existing phones are so busy that staff is having difficulties getting an outside line. The proposed changes would make it possible for those who want to, to go directly to an individual or a department. Beard/Lynch moved to authorize the appropriate City Officials to expend up to $4000. 00 from the Street Division budget for the implementation of voice mail and call forward to City Hall, with the understanding that it includes the three additional lines. Cncl. Lynch wanted to be sure that initially, if you choose, you will get a human voice. She wanted to be clear about this, that we don't switch to another system. Motion carried unanimously. Mayor Laurent read Councilor Kris Dirk's resignation from the City Council, effective September 27, 1994. Mayor Lau en adjourned the meeting at 10:40 p.m. /Pity Clerk sther TenEyck • Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 28, 1994 Mayor Laurent called the meeting to order at 5:05 p.m. with Councilmembers Lynch, Beard, and Sweeney present. Cncl.Dirks resignation became effective today. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Mark Erickson, Assistant City Attorney; Dave Nummer, Staff Engineer; Lindberg Ekola, Planning Director; Paul Bilotta, Senior Planner; Gregg Voxland, Finance Director; Tom Steininger, Chief of Police; and Frank Ries, Fire Chief. Discussion ensued on the type of questions to be included in the application to fill the vacancy on the City Council. Sweeney/Lynch moved to direct staff to prepare the application and questions, as modified. Motion carried unanimously. Discussion ensued on the draft policy for filling vacancies on the City Council. Lynch/Sweeney moved to approve the City Council Policies For Filling Mid-Term City Council Positions, with additions. Motion carried unanimously. Councilmembers agreed to meet on October 25th at 5:30 p.m. as a Committee of the Whole and to interview the final three candidates for the Council vacancy at 7:00 p.m. Council directed staff to notify all applicants of the process to be used to fill the vacancy on the City Council. Sweeney/Beard moved to waive the 30 day review period for the application for exemption from lawful gambling license by the Shakopee Chamber of Commerce for October 26, 1994 at Canterbury Inn, 1244 Canterbury Road in Shakopee. Motion carried unanimously. Mayor Laurent adjourned the meeting at 5:53 p.m. 1d. C/)6 "a ith S. Cox ty Clerk Recording Secretary gra CONSENT September 29, 1994 Shakopee City Council City Hall 129 S. Holmes St. Shakopee MN 55379 Dear Council Members, On September 8, 1994 my wife, Carol, and I attended a meeting at the Scott County Courthouse to discuss the proposed changes to County Road 77 and the Fuller Street extension. Our home is located at 1044 Fuller Street, the second home from the dead end. Though Carol and I expected Fuller Street to someday be extended,we were both greatly disturbed to find out that one of the plans for the extension included Fuller becoming a four lane County Road. When Carol and I first considered buying our home on Fuller about five years ago, we asked a lot of questions about where the Shakopee bypass was going through and what that would do to the area. We learned that Apgar was a County Road and that there were plans to black top Apgar south of Shakopee. We first learned of a proposed plan to extend Fuller when the Community Center was voted down. At that time, though Fuller was pictured as extending as an arc as now proposed, there was no indication that it would be a four lane or that it would be the new County Road 77, a main thoroughfare. It was presented as one of three main streets that would bring traffic to the new community center: Apgar, Vierling and Fuller Sts. CONCERNS If Fuller becomes the main thoroughfare, traffic increase is inevitible. One of the proposals presented at the September 8th meeting was to have Apgar and the sidestreets off of Apgar(Thomas and Hennes Sts.) "curve into" Fuller Street, making Fuller St. handle the additional traffic from these streets. It was also proposed that Fuller could be "striped" to accommodate four lanes of traffic in its present width. We strongly disagree with this evaluation. Fuller in its present condition and width of the street is not capable of handling four lanes of traffic. It is in disrepair close to the curbs and would only provide driving lanes of 11 feet wide at their maximum. That leaves no provision for a biking or walking lane to accommodate pedestrians going to the park or the new proposed Community Center. If we are building for the future shouldn't our plans also include promoting pedestrian traffic to the community center. ACTION REQUESTED: Move to receive and file the letter from Harold and Carol Armstrong regarding the realignment of Fuller Street South of 10th AVenue and direct staff to respond. Fuller Street is no more capable of handling additional traffic than the streets to the west of it. It is no wider than Apgar St. that had homes built with the capabilities for a four lane road in mind. So our question is how will Fuller St. be able to accommodate traffic for the "future" in its present condition and width of the street? Will this necessitate the future widening of the street and where will the additional space come from? From our front yards? Or from removing the park and the mature trees from across the street? These questions should really be answered before plans are finalized for the Fuller Street extension. Looking at the possibility of these future losses for our neighborhood greatly concern us. The people living on Apgar Street have been expecting increased traffic on their street because it is a county road. They would be satisfied if the road was asphalted. The residents on Fuller are in shock at the proposal to make Fuller the main thouroughfare. It was expected that Fuller would be extended,but this expectation was for a residential street. To families like ourselves,who moved into our home on Fuller with residential street expectations, this new proposal is quite a shock. As one resident put it, "They're destroying our neighborhood". Property values would decrease on Fuller. By making our street a main thoroughfare, you are asking the property owners on Fuller to bear the full brunt of their properties being devalued ,while other properties in the area will likely increase in value. By keeping Fuller, Atwood, and Scott all two-lane residential streets, it could divide the traffic coming from the south of town to be dispersed between four streets rather than one. Apgar Street was built with the capacity to be a four-lane street, so it could be built with left turning lanes, for those going to the proposed Community Center. Access to the new Community Center could be accomplished on Apgar,Fuller, Atwood, Scott, and Vierling Drive to evenly distribute traffic. Speed of traffic on a four lane is always higher than a two lane. A drive down Vierling Drive or 10th Avenue will verify this. With children in the neighborhood this is a concern for us. Stans Park would become less accessible. Pedestrian traffic west of Fuller would have to cross Fuller. The stop sign at the corner of Fuller and 10th was prompted by the death of a child. Were would the stop signs be put along Fuller south of 10th to protect children going to play at Stans Park? Perhaps there are plans to close Stans Park. If Fuller was extended as a four lane all the way to 10th Avenue there would be no place for Park patrons to park. On street parking would become a concern. If Fuller became four lane to 10th Avenue, surely there would be no on-street parking. If Fuller remains two lane but becomes a County Road, my understanding is that there would have to be a varience to allow on street parking on a County Road. We have a single car garage and a single driveway. We have two cars. These cars, though it would be a bit inconvenient, could be kept off of the street. What do we do when company comes to call? Cost is always a concern. It would seem that keeping Apgar as the main thoroughfare and having it be the main access road to the Community Center would cost less money than renovating Fuller. My understanding is that the asphalt layer on Fuller is quite thin compared to Apgar and would need immediate attention. As you can see, our concerns are many about the plans being proposed for the extension of Fuller St. We are asking you to give these concerns careful consideration when deciding on the plans for the streets. We ask you to consider the following: POSSIBILITIES 1. To keep Fuller a two-lane residential street. This will allow for on-street parking for residents and those attending sporting functions at the high school and at the proposed community center and will provide adequate room for pedestrian traffic. 2. To pave Apgar St. in its present routing, with provisions being made for left and right turning lanes for the proposed Community Center, because it has the width capabilities for doing so. 3. Make the proposed Community Center accessible from as many streets as possible, preferably Apgar,Fuller,Vierling, Scott and Atwood if possible. This would divide the traffic more evenly to the new complex. 4. Keep city blocks around the proposed Community Center as "square" as possible when laying out plans for the new streets, with stopsigns being placed to discourage speeding on residential streets. We are asking for you to consider these points when determining the future plans for the southern part of Shakopee. We believe that this will conserve or improve the value of the homes in the vicinity of the proposed community center. It will provide the a more equitable distribution of traffic in a newly developing area, and thus improve the "sale- ability" of the homes directly across from the proposed community center as well as to preserve the character of the Fuller Street neighborhood. Are the changes you are proposing, ones that you would personally invite in your neighborhood? We believe the above proposals could preserve our neighborhood as well as provide for the future needs of the proposed community center. Sincerely,/r CO)0)J thUnWitclit Harold and Carol Armstrong 1044 S. Fuller St. Shakopee, MN 55379 496-0275 cc: Mayor Gary Laurent, Shakopee City Hall, 129 S. Holmes St. Shakopee MN 55379 Scott County Commissioner Ray Foslid, Scott County Courthouse, 428 Holmes St., Shakopee MN 55379 1), SIT FACTION R QUESTED: COi '° ., ,_y. Move to 'receive and file the letterrfrom John and Joann Tieben, dated 10/3/94 , regardin the realignment of Fuller et] th of 10th Avenue _ r C l 17 cL, Pk Cook-cc/ C. /`7i/`1 ie‘ ��-/ A./. A L o r-' c T/ /1-7 ,‘ ly s/ o�N T 0 - 4KGP,"" I Ar-, b✓ / TiN6 'N / s L,�77Ee / , e2 o i-f 7 O f '/i IL / L 4 t-J 10 "1 /J R h} ,fv L Lr l /� r17o A cot),JTy leo AD, i,✓( /''v/�- )1/, s 46'o T/ ' 1As it A 0' -' Ti Nrx 7 sTht•J s _ ( ,9 Q k 4- 0dP P‘ G L . L iXi._ 17 T6 le1/`l 4t/I,1 1 A1AT 1✓i}/ • 1-1( cue /2 i T cou ry koba _ 72 J iyaULd 1 f/N[ -f i g D A- r A Coo 124,40 /1- 1,-10 //4-V/t _ 7 q f 7h r ii /t7 / w A Cc -1-f f o D 'I/‘L G P/ ‘t--i AII% soUT/f Uc oie P ai ' 7y , f14wf PA- k_ sH o u L o A 1°,42k - 1f PLA y c,?a a Aig 1444-1' /17,4/9/ P(o r, /N {O / /i /'nQF ' fo ofL,g‘/. 1y ' 1 6 e m eLif‘o 1°iei /+ r' 0 f°L4y_ 6Pv J ,-ft s vw w s s � �2aw a s Kc)/7‘‘_ co 7 N / T / s / N A w 4'64 i r PILL oliP IPy f,4r' IL / Is 1�✓y () Li e‘As ,t '1f7O f -- , Co s7 01' CAI/mac A PA oak , ntoitiy fP aIJ {ply LOUL0 ux‘,c9 foR emi 02},12 woni pH / « ffoJ(c7 ,9ANA y® v , ; 1 11, 111 Ij 1111 I , SHAKOPEE Ocotber 10, 1994 John & JoAnn Tieben 1008 Fuller Street Shakopee, MN 55379 Dear Mr. and Mrs. Tieben: Thank you for your correspondence of October 3rd regarding your concerns about the future of Fuller Street and the Stans Park. Comments of this nature help bring out the concerns of the citizens impacted by a project. In regard to the Fuller Street re-alignment, this issue was discussed by the City Council several years ago, and the connector at Fuller Street was selected as the preferable option. This alignment was carried through with the construction of the mini-bypass, with the signals placed at 1st Avenue and Fuller Street. The City has not yet begun the design for Fuller Street and any input you have regarding boulevard trees, or other concerns that should be addressed with the design would be appreciated. - Although County Road 77 will connect with Fuller Street, the City does not intend to disturb the park in anyway. I agree with your statement that this amenity will be needed by the citizens of Shakopee as we continue to grow. The City takes great pride in its parks and open spaces and will endeavor to protect these areas in the future. If you have any questions or comments please direct them to my attention, or contact me at 445-3650. Sincerely, David M. Nummer Staff Engineer DMN/pmp TIEBEN COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 AC3''CI ON REQUESTED:Move to receive and file the pcQNSENT ition received 10/11/94 regarding the realignment of Fuller Street (CR-77) and the community center. RE: COUNTY RD 77 AND COMMUNITY CENTER DEVELOPMENT As residents of the south end of Fuller Street and the surrounding neighborhood we are greatly concerned about the proposal to make Fuller Street into a main thoroughfare. We ask that in your planning for the development south of 10th Avenue that you keep Fuller Street intact as a residential area. We request that Fuller be kept a two lane street and that Apgar be improved in its present routing to accommodate traffic from the south. We believe that traffic to the new Community Center can be handled within this framework. 1. RE: COUNTY RD 77 AND COMMUNITY CENTER n DEVELOPMENT 1 As residents of the south end of Fuller Street and the surrounding neighborhood we are geatly concerned about the proposal to make Fuller Street into a main thoroughfare. We ask that in your planning for the development south of 10th Avenue that you keep Fuller Street intact as a residential area. We request that Fuller be kept a two lane street and that Apgar be improved in its present routing to accommodate traffic from the south. We believe that traffic to the new Community Center can be handled within this framework. N' ► I ADDRESS Or ,�—..' � 1i0-7 ' - - / - _ -a-,ierfaJa , i , , OP e-- /fin 1(Pa-c-eli,e,-1,-c , , ,,_ 460'e - - ren .S . ,,,TzLete_A_, WcJ% / - /7 �iJ) elicic --- io 7 S : Rt //pi-- �, 9 is J. F,,, gie,.."--4-69 iTicina_. 47.25 1 9",ctifiokai ft 0_0_,_.),2e...,r 7,15 Ibil - -V61)- 933 a FIA-11 5:1' �1 I (iVLC i $(.(i9-1-06 V'4//)? 4/' , ' .1/ .9 .J fx.e/L.,/ >4J :_ q53 ck.ff:a -31_ Sma ik/f), `71•1a-a--t,." ,f‘o; 9. ?",(--M2---- pH 5. iw& 2 . 12 , s. ,4,26, RE: COUNTY RD 77 AND COMMUNITY CENTER DEVELOPMENT As residents of the south end of Fuller Street and the surrounding neighborhood we are geatly concerned about the proposal to make Fuller Street into a main thoroughfare. We ask that in your planning for the development south of 10th Avenue that you keep Fuller Street intact as a residential area. We request that Fuller be kept a two lane street and that Apgar be improved in its present routing to accommodate traffic from the south. We believe that traffic to the new Community Center can be handled within this framework. NAME ADDRESS JOHP - 1-1111q61-i /DO f fuLL( )) ,'-7--?/ f d5"-( s7-- •e RC 2 O __ /0 ZY ,. )27(• cb-Ske,).,- /a�9 6 i► Sf 4 1 1 qtpo4 Tho ,3. Pec L L ?4O 5• fltGL ie Ylicpufi) tx 14k 4-7 ,/g 4 9arv2 y3 It .4-ZeP7C_ %‘St:VO°4 VO, Vc, 303 PO RESOLUTION NO. 4106 14-6 c A RESOLUTION SUPPORTING THE PASSAGE OF THE OFF-TRACK WAGERING AMENDMENT TO THE MINNESOTA CONSTITUTION WHEREAS, the Minnesota State Legislature has placed a constitutional amendment question on the 1994 General Election ballot asking the public whether or not they want to authorize off- track wagering on horse racing; and WHEREAS, the Minnesota horse racing industry has made substantial contributions to the State of Minnesota in its brief history, including: (a) providing more than 7, 500 jobs; (b) creating millions of dollars of tax revenues; (c) creating an annual economic impact of over a quarter of a billion dollars; (d) establishing over 400 horse farms; (e) becoming a significant contributor to the State' s agricultural economy; (f) becoming a substantial component of Minnesota' s tourism industry, and (g) building an important sports entertainment facility--all of which is privately owned, operated and financed; and WHEREAS, more than 1500 Minnesotans now own the Canterbury Downs Racetrack through their private investment in Canterbury Park Holding Company; and WHEREAS, horse racing is a fascinating and enjoyable activity that, at present, is practically limited to those living in a portion of the metropolitan area; and WHEREAS, the off-track wagering proposal would allow fans throughout greater Minnesota to more easily participate in the sport or to become involved in the business at local off-track sites; and WHEREAS, the off-track wagering, along with live racing, has become the marketing norm in the horse racing industry, having been authorized in some form or another by other states; and WHEREAS, this extremely valuable component of our economic and entertainment life in Minnesota will cease to exist without the authorization of off-track wagering. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shakopee, Minnesota, hereby endorses and supports the passage of the off-track wagering amendment to the Minnesota Constitution by the voters in the November 8, 1994, General Election. Adopted in session of the Shakopee City Council held this day of , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney / Oct. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Rezoning from Racetrack District (RTD) to Light Industrial (I-1) DATE: October 18, 1994 INTRODUCTION: At the October 6, 1994 meeting, the Planning Commission reviewed a request from One Comm Corporation,for an amendment to the zoning map. They are requesting that the City rezone 4.63 acres from the Racetrack District(RTD)to Light Industrial(I-i). The applicant is also requesting the deletion of the mandatory Planned Unit Development (PUD) for the same subject area. The Planning Commission recommended approval of the rezoning request to the City Council. BACKGROUND: Attachment 1 is a copy of the Planning Commission's staff memo on the zoning request. Due to the time frame desired for the construction of the foundation for the proposal prior to winter and operation of the facility (January 1, 1995) the applicant has requested that the City take action on this request. The time frame to receive approval for a PUD for the proposal under either the old or new Zoning Ordinance text would not allow this project to be pursued this year. The Planning Commission approved the conditional use permit for the over height structure at their October meeting subject to the rezoning approval. ALTERNATIVES: 1. Approve the rezoning request. 2. Do not approve the rezoning request. 3. Table the decision for further information from the applicant and/or staff. PLANNING RECOMMENDATION: The Planning Commission recommended that the City Council approve the request to rezone the 4.63 acre area from RTD to I-i,based upon its conformance with the Land Use Section from the 1990 Comprehensive Plan and based upon its findings required in Section 11.04,Subdivision 7 of the Shakopee City Code. ACTION REQUESTED: Offer Ordinance No. 388, Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map to Rezone a 4.63 Acre Site Located South of 4th Avenue and Approximately 1,000 Feet East of Shenandoah Drive from Racetrack District (RTD) to Light Industrial (I-1) and Deleting the Mandatory PUD Requirement and move its adoption. LSE/pmp MEM388 •ATTACHMENT1 Applicant: C-Call Corp. - d.b.a. OneComm Corp. • Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner �' Meeting Date: October 6, 1994 Re: Amendment to the Zoning Map: Racetrack District (RTD) to Light Industrial (I-1) Site Information Applicant C-Call Corp. - d.b.a. OneComm Corp. Location 1,000' east of Shenandoah Drive, South of 4th Avenue Current Zoning Racetrack District, (RTD), and within the Mandatory PUD District Comp. Plan Designation 1980 - Light Industrial Draft 1990 - Racetrack District Municipal Utilities Site is served by municipal utilities. Adjacent Zoning Zone Title North (I-1) Light Industrial South (RT) Racetrack District East (I-1) Light Industrial West (RT) Racetrack District Case History The subject site was annexed from Eagle Creek Township into the City of Shakopee in 1971. It was zoned Light Industrial (I-1) at that time. It remained zoned for light industrial uses until the site was rezoned as Racetrack District in December of 1985, when the City conducted the Race Track Land Use Study. The subject site was included in this study. Introduction: The applicant is requesting that the City amend the Official Zoning Map to rezone the site from Racetrack District (RTD) to Light Industrial (I-1), and to remove the site from the Mandatory PUD District. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Cover Letter; and Exhibit C, Portion of the 1980 Comprehensive Plan which shows the location of the site. Background: The applicant has also submitted a request for approval of a Conditional Use Permit to construct 1 10 a 150 foot steel mono-pole with 15 foot whip antennas at the site. The agricultural and most • of the residential Zoning Districts require a Conditional Use Permit for all structures in excess of 35 feet in height. The Multi-family Zoning District, and the industrial districts require the approval of a Conditional Use Permit for all structures in excess of 45 feet. However, the Racetrack District does not currently permit any Conditional Uses. As such, the applicant will be unable to process this application without rezoning the site from Racetrack District (RTD) to Light Industrial (I-1), and removing the site from the Mandatory PUD District. The applicant submitted a request for the Conditional Use Permit with this rezoning application, and discussion on both requests will be held at the October 6, 1994, meeting of the Planning Commission. The approval of the Amendment to the Zoning Map by the City Council would make the proposed use consistent with the purposes of the Zoning Code, and it would comply with Section 11.32, Subd. 3, regarding Conditional Uses within the I-1 Zoning District. Considerations: In 1986, the City Council adopted the Racetrack Land Use Study. This study recommended the creation of the Racetrack District (RTD) and the mapping of the district to include a large amount of land around Canterbury Downs. It was anticipated the there would be considerable commercial development around the racetrack when the plan was created. This anticipated growth has never really evolved. The area requested for rezoning is located on the northern edge of the RTD zoned area. As shown on Exhibit A, the properties proposed to be zoned are located adjacent to existing I-i zoned properties. These I-1 parcels to the east are also not in the mandatory PUD area. The proposed rezoning would essentially extend the light industrial zoning along 4th Avenue. Staff believes that the proposed I-1 zoning would not impact the residential uses west of Shenandoah Drive. The existing land uses in subject site area include an auto body shop and a traveling business. Along the southern portion of the property, there is a large stand of coniferous trees which extends to Shenandoah. Exhibit D is a copy of an aerial photograph of the area. Findings: Section 11.04, Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited, the criteria listed below: Criteria #1 The original zoning ordinance was in error. Finding #1 The current zoning designation for the subject site is not in compliance with the 1980 Comprehensive Land Use Plan, and would therefore be in error. The 2 applicant's request to rezone to the I-1 district would bring the site into • conformance with the 1980 Comprehensive Plan (refer to Exhibit C). Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for the Racetrack District within the City of Shakopee have changed. On June 7, 1994, the City Council adopted the new Zoning Ordinance text which deleted the Racetrack District. A new district, the Major Recreation District was created. Staff anticipates the areas RTD zoning will be reduced significantly. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 Significant changes in development patterns have not occurred which would effect the directions established in the 1980 Comprehensive Plan for this area. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 The rezoning of this parcel from Racetrack District to Light Industrial would not be in conflict with the Comprehensive Plan's growth management program. Alternatives: 1. Rezone the subject site from Racetrack District (RTD) to Light Industrial (I-1). 2. Do not rezone the subject site from Racetrack District (RTD) to Light Industrial (I-1). 3. Continue the public hearing to allow the applicant and/or staff to provide additional information. Staff Recommendation Staff recommends approval of the request to rezone the subject site from Racetrack District (RTD) to Light Industrial (I-1). Action Requested Offer a motion to recommend to the City Council the approval of the request to revise the Official Zoning Map to rezone the subject site from Racetrack District (RTD) to Light Industrial (I-1), and move its approval. 3 EXHIBIT A _ • • X ,1 - al 4:\ AR , POST • FOR, i 11R _.''N • a 1 Nc� Tos i 4TH C AVE ! -- --- --. ...tae:.-- - - --..', s 1 a a t$: ` 'kr S2 1 1 ! j is ' 1 `Ma 4: 1IjII1 t'�.. y�.v • y • 3. 1 • C XWkA !R� •''ryR1 N • , 4. AG AGRICULTURE - } e tet , - ' 1 R 1 RURAL RESIDENTIAL .•' ti:''•- .r . :. R2 URBAN RESIDENTIAL •. s xn `� � { h .. ' • R3 MID—DENSITY RES. ..... : ,..:;,$ . , . , {:' R4 MULTI FAMILY RES. V tSh `fi}°S B 1 HIGHWAY BUSINESS •.'` '`{.{ f $ { :•. ?}. to } t'?r fic3'8}ks' B2 COMMUNITY BUSINESS r', x B3 CENTRAL BUSINESS #` ? • • : ` 11 LIGHT INDUSTRIAL • ¢• fi °' `` "•• t jfi r,.t;�??..,•}•:.'} ,'f:)-:tiv '":.;;• r t , ?•�v.. •.k'},G;:%%ti:'i#•.%r�{;.;:,•:}•:r;:•? 12 HEAVY INDUSTRIAL '` :. � • �. ; :.:'...:..:..: < } '�'}•}',�:Y'L•+,v::'''�t}:. �.<`Sf:'.js.%'•`?�•'fiy.::•?::t ,�,v�?'•:}�'v. 2• f--:f`S �'`�'�•`.''•'.•�i,�G,�%**441::::, ..�':'t�'•"'�Y•�'•'•'+:a`''•�1'cr.••,•::"•:;', .F�£"o-:.: :ttri'�t�/•;��:�•.+:�i.;;?n;.t�Fiq;Yr.�`t•Q,'`,•• S SHORELAND � Y:•':•:;:•:� nr •.t : ; ; O:;�:"•: •�.n:... vvv>:;•t+'.:'•f:2x:}'}�'`2•r3;•c-r;,�•F2y;•h•r t:�.:1�l.{}'�C:' �j::}f?.,?.a.-v,;3�;�;.: '''''4}:��.,�� t'$ ,,:;t}•• ?^. `�. rt<?}••}..,•.i?•ti uh .fit: ' ••.°f:t�,'''': '? i-:f'.::�•''. :v'jif�,-t':. j�p' :<:;•j?t}•:<}s:::•?�•'.�;+aygy�;�'G:v..•t�xt�.: '`?::::•. ^C'>f�+ �}{+1 .it ••{ •''�]:•'v '{:^.,:j '{r-.iv✓:hrf•,•Y•••'v:t:.';}}.%i DISTRICT k;;:: A . ..r:. . : FLOODPLAIN .A: 4 'v;' •vj: }r, : ?}.' f.; ` : ... :.Qoz4 t•.:e 'W>.fhv }ec: •,•:< t?,:ix�:.;> • .A:::#4:0;mom.1„,.?„,;:,:::;,:,:,,,,,,,„ —.—.• MANDATORY PUD ,, :>:« t?! >:x ::>:::<::>::>:: RTD RACETRACK DISTRICT V��II.r`'��i►.�_ �t: ;;*r>:: :::{<:<<;:<::>:}: :}::<::::>::: • Zoning Map City of SHAKOPEE • BUELL CONSULTING EXHIBIT B *S. Number 7 Dorset Site Acquisition Saint Paul,Minnesota 55118- 1913 . Permitting • (612)450-6594 Environmental Mitigation Fax(612)457-2057 September 12,1994 Shakopee Planning Department City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RE: Application for Zoning Map Amendment Proposed ESMR Cellular Telephone Antenna Facility by OneComm Corporation • This letter accompanies an application for a Zoning Change that will allow the location of an • ESMR cellular telephone antenna and cell site at 2914 4th Avenue East on=property owned by Harold Bjorklund. The property is currently zoned RTD and we are requesting a change to I-1. A change to I-2 is also acceptable if desired by the City. I have been authorized by OneComm to act as their representative for planning and zoning matters. OneComm is one of the largest Specialized Mobile Radio ("SMR") services in the Vnited States. Last year, OneComm was granted a license by the Federal Communications Commission to operate an Enhanced SMR, or ESMR, in the Twin City market area. ESMR cellular is one of the newest emerging low-power wireless technologies that will compete with cellular. ESMR cellular will look, sound and work just like traditional cellular but will have the advantage of also being able to provide paging, fleet dispatch and data transmission all with one portable handheld phone. ESMR cellular is digital and can handle more calls per channel than traditional cellular and transmits at lower watts. PROPOSED USE OneComm is proposing to construct a 150ft. steel monopole with a triangular platform at the top on which the cellular antennas will be attached. Initially, three 15ft. whip antennas will be placed on the at the top. At some time in the future, the three whip antennas will be replaced with nine 4ft. by Ift. panel antennas. The overall height of the pole and whip antennas will be 165ft. The overall height of the pole and panel antennas will be 152ft. The antennas will transmit and receive low power(50 watts ERP) cellular radio signals. An unmanned prefabricated equipment shelter measuring approximately 12ft. by 20ft. by loft. high will be located at the base of the pole. The shelter will have a washed aggregate finish and tan in color. The drainage of the site will not be changed. A parking space will be provided near the equipment shelter building. The Bjorklund's trucking operations would not be impacted by the cell site. The trucking operations have been there since 1975 and they would like to continue them into the future. I respectfully request that we be placed on the Planning Commission Hearing Agenda for October 6th. I plan to attend the hearings to answer any questions or concerns that the committee or public may have. I appreciate the assistance I have already received from the Zoning Staff. I look forward to working with you to provide ESMR cellular capability to Shakopee. Sincerely, William R. Buell Consultant Enc: Check for Application Fee in the amount of$250.00 Completed Application for Zoning Amendment List of Landowners within 350 feet Location Map Zoning Map with site located ,\ _1tt I EXHIBIT C ✓U..li. W1tlhM.vi;. i-; ;'''.' 7.4A'-'*- — . s sfr ... GYi,' LI *.• 1 • .11tI{t{1 44444-4444M441141141- ####f#'## #' 1. ##s' - i4t##+tttt-1#fi• ,M{ Li C ■.mssj-- 1 Central Business �---District — :.x MF S T :ter ,ititaL, 1 - Li •"---e- -=,-, ., y . it:14 i1lIll11IIlIIl 4 `T4- . _kw=!!K -- ._. _ _- v `'tel. -cUPv .y i i _`N • -�T NI ( 11 a �� ti_itltttil.1 W111lllIUl1lj !!!E!!{t II I 1111111111111111N111111111i1 {tt`• .46=- Tom- a SI : SF \ ltd ,�, SF 1' ► e +- 1 - ' - a i );\ .. imill j.i.____CII - - -------- -=-===3 = 11.». (1me CITY of SHAKOPEE MINNESOTA Urbanizing Sector PROPOSED DRAINAGE CORRIDOR Proposed Transporation 1990 Land Use Plan PRINCIPAL ARTERIAL SF SINGLE FAMILY P.ESIDENTIAL URBAN SERVICE AREA • •r. MF MULTI FAMILY RESIDENTIAL MINI = C COrT1ERC1A1 INTERMEDIATE ARTERIAL v I LI LIGHT INDUSTRIAL HI HEAVY INDUSTRIAL MINOR ARTERIAL Map 12 MINI ~ COLLECTOR ''III'' 0 410 . F . ' s �. i +{ i (/ �. �_ , • r --.. I 1` a il' J �/j/, 02.bs` elf a....,. z ,p. , , \ ii" . c ,„ , ,,s,06,,,,\/..,,..t,,,,,, .• , --..-:-. • ,....„ kr.,ei Iv A - ' - . ..: ii_/"•ii.t..+7 •2f a, .: • * itY ii _,.... it 1• � • (, :t. ; , `a „Li _ 42 , A; '. •' ::::_ `' :f �� ' • ' . ` !!' --- E`er.y • -- . i z st ,_ d.F l� ' .L .q . --, ...• 7 '' � * • r .x { } • • Fye 4.._ . .. . '0 :C•• .t:., :y .' 'Iham 'y�..:::.\GA. • ",.. sir i'VI .V` `O.388, F I ERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING THE ZONING MAP TO REZONE A 4.63 ACRE SITE LOCATED SOUTH OF 4TH AVENUE AND APPROXIMATELY 1,000 FEET EAST OF SHENANDOAH DRIVE FROM RACETRACK DISTRICT (RTD) TO LIGHT INDUSTRIAL (I-1) AND DELETEING THE MANDATORY PUD REQUIREMENT WHEREAS, on September 12, 1994, William R. Buell of One Comm Corporation, applicant, and Harold Bjorklnd, Cecilia Wronski, Edward Christian and Loren Gross, property owners, submitted an application requesting rezoning from Racetrack District (RTD) to Light Industrial (1-1) and to delete the mandatory PUD review requirement for 4.63 acres of land which is described on Exhibit A; and WHEREAS, a public hearing was held on October 6, 1994, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planing Commission reviewed this request at their public hearing on October 6, 1994, and voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 -That the zoning map adopted by reference in City Code Sec. 11.21 is hereby amended by rezoning the 4.63 acre site described on Exhibit A from Racetrack District (RTD) to Light Industrial (1-1) and deleting the mandatory PUD review requirement. Section 2 - Effective Date. This ordinance become effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994. ra That part of the Northwest Quarter of the Southeast Quarter of Section 5, Township 115. Rnage 22, Scott County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence West along the North line of said Northwest Quarter of the Southeast Quarter a distance of 33.0 feet; thence South parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 250 feat to the actual point of beginning; thence continuing South parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 217.0 feet; thence West parallel with the North line of said Northwest Quarter ' of the Southeast Quarter a distance of 200.0 fest; thence North parallel with Ofeet idEast toline ine 217.0 feet; thence East parallel with said North line a distance of 200. point of beginning, together with a non—exclusive easement appurtenant for ingressand egress over the r of Section 5, t of the Township115,0 33.0 Range 22, of Scott the County,�Mi rwesta o titer of the Southeast Quart AND That part of the Northwest Scott County, the Southeast o � es�cribed arter s 1/4 of follows: of Section 5, Township 115, S ► Commencing at the Northeast corner of said Northwest Quarter of the Southeast Quarter; . thence Westerly along the North line of said Northwest Quarter of the Southeast Quarter a distance of 33.0 feet to the actual point of beginning; thence Southerly parallel with the East lint of said Northwest Quarter of the Southeast Quarter a distance of 250.0 fest; thence Westerly parallel with the' North line of said Ntwest tth the Quarter Eof line this Southeast Quarter a distance of 200 AO feet; thence Northerly parallel of said Northwest Quar=sru��t��e Southeast sSouth astrQuart•r;�Ceof theacaO.0 feet Easterlyto tho alongsorth aid line of• said Northwest Q North line 200.00feet to the point of beginning. • AND That part of the Northwest Quarter of the Southeast Quart r of Section 5, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at. the Northeast corner of said Northwest Quarter of the Southeast Quarter; hence Westerly along the North line of said Northwest Quarter of the Southeast Quarter distance of 233 feet to the actual point of beginning; thence Southerly parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 467 feat; thence Westerly parallel with the North line of said Northwest Quarter of the Southeast Quarter a distance of 200 feet; thence Northerly and parallel with the East line of said Northwest Quarter of the Southeast Quarter a distance of 467 feet to the North line of said Northwest Quarter of the Southeast feat to the point of beginning. Easterlyalongsaid North line 200 Quarter; thence AND Se st 3uar00 erf oftof Sectione5,�Townshiporth 467.00 I 5,feet of the Northwest Range 22, Scott County,Minnesota. the SoutheastQ ID CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Preliminary and Final Development Plan: West View 7th Addition Planned Unit Development DATE: October 18, 1994 INTRODUCTION: At the October 6, 1994 meeting, the Planning Commission reviewed the preliminary and final development plans for the West View 7th Addition Planned Unit Development. BACKGROUND: Attachment 1 is a copy of the Planning Commission's staff memo on the proposed PUD. Please refer to this atttachment for additional information. ALTERNATIVES: 1. Approve the preliminary/final development plans for the West View 7th Addition subject to conditions as recommended by the Planning Commission. 2. Modify the recommended conditions and approve the preliminary/final development plans. 3. Deny the approval of the development plans. 4. Table the decision for further information from the applicant and/or staff. PLANNING RECOMMENDATION: Planning Commission recommended that the City Council approve the preliminary and final development plans subject to conditions listed in the attached resolution for the West View 7th Addition Planned Unit Development. ACTION REQUESTED: Offer Resolution No.4105,A Resolution Approving the Preliminary and Final Development Plan for the West View 7th Addition Planned Unit Development and move its adoption. LSE/pmp MEM4105 ATTACHMENT 1 Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: . October 6, 1994 Re: Preliminary and Final Development Plans: West View 7th Addition Planned Unit Development Site Information: Applicant: Darrell Bahnsen, Jerry A. Enns, and Paul Harder Location: Shakopee Properties: No. 602 through No. 612, Jackson Street Current Zoning: R-2, Urban Residential (See Exhibit A) Adjacent Zoning: North:Single Family (R-2) and Multi-family (R-4) Residential South: Single Family (R-2) Residential East: Single Family (R-2) Residential West: Single Family (R-2) and Multi-family (R-4) Residential Comp. Plan: 1980: Single Family Residential Draft 1990: Single Family Residential Area: .98 Acres (42,562.30 square feet) MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction: Darrell Bahnsen, Jerry A. Enns, and Paul Harder have submitted Applications for approval of both the Preliminary Development Plan and the Final Development Plan for the proposed West View 7th Addition Planned Unit Development(PUD). The subject site is located in the western portion of the City of Shakopee, south of 6th Avenue, north of 10th Avenue, and west of Jackson Street. The subject site covers .98 acres of land is zoned Urban Residential (R-2). The subject site was platted in 1965 as Lot 1, Block 1, West View 1st Addition. (See Exhibit B.) The applicant is requesting the approval of the PUD in order to subdivide the portion of the site which contains the structure into 6 lots (Lots 1 through 6), and to plat the remaining portion of the site as Lot 7. 1 • Background: The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. Zoning district standards may be negotiated and variances from district requirements granted by the City as part of the PUD process. The following restrictions shall apply to the granting of variances by PUD: A. Fire and Safety. No variances shall be negotiated which in any way violate the fire and safety codes of the City. B. Exterior Streets and Yards. No reduction in yard requirements shall be permitted adjacent to exterior property lines or exterior public streets. C. Interior Streets. No building shall be located less than fifteen (15) feet from the back of the curb lines along interior streets that are to be maintained by the City. D. Off-Street Parking. No variances shall be negotiated from off-street parking except as specifically provided for in Section 11.05, Subd. 3. E. Open Spaces. No variances shall be negotiated which will result in less open space than is required by the zoning district. This includes yard requirements. Residential PUD' shall provide at least twenty (20) percent of the project area as open space. The applicant has requested nine variances with this proposed PUD. The Planning Commission should provide a recommendation to the City Council on each variance request as a part of their overall recommendation on the PUD. This approval will permit the specific variances from the Zoning Ordinance and Subdivision Regulations so that the applicant can apply for subdivision plat approvals and other required City approvals. Considerations: 1. The developer is proposing 7 lots on .98 acres. Six of the lots are currently developed with a structure containing six attached dwelling units. Lot 7 is 37,415.5 square feet in size (.86 acre), and is proposed for open space around the existing structure. 2 2. The draft 1990. 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. 3. Section 11.40, regarding PUDs, allows the following within the Urban Residential (R-2) Zoning District with the approval of a PUD: A. Conditional and Permitted Uses within the R-2 (Urban Residential) Residential District (one to four residential units within one structure); and B. Conditional and Permitted Uses within the R-3 (Medium Density) Residential District (one to six residential units within one structure). 4. In order to develop the site as proposed, the applicant will need to receive approval of the following variances from the Zoning Ordinance or the Subdivision Regulations: A. Section 11.26, Subd. 5.B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Currently, there is 1 structure on the site which contains 6 attached residential units. Since the structure contains party walls, two 10 foot variances are being requested for each of Lots 2, 3, 4, and 5; and one 10 foot variance is being requested for Lots 1 and 6. B. Section 11.26, Subd. 5.B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Since the side yard lot lines are proposed to be located 1 foot from the outside of existing end units, two 9 foot variances to this requirement are being requested (one for Lot 1 and one for Lot 6) to the 10 foot side yard setback requirement. C. Section 11.26, Subd. 5.B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District. As defined by the City Code, the front yard in this instance is adjacent to 6th Avenue. The existing structure is approximately 15 feet from the lot line adjacent to 6th Avenue. Therefore one 15 foot variance is being requested to the 30 foot front yard setback requirement. D. Section 11.26, Subd. 5.B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District. Each of the units is located 4 feet from the proposed front lot line of Lots 1 through 6. Therefore, six 26 foot variances are being requested to the 30 foot front yard setback requirement. E. Section 11.26, Subd. 5.B, regarding the 30 foot rear yard setback requirement within the R-2 Zoning District. Each of the units is located 16 feet from the proposed rear lot line of Lots 1 through 6. Therefore, six 14 foot variances are being requested to the 30 foot rear yard setback requirement. 3 F. Section 11.26, Subd. 5.B, regarding the 100 foot minimum lot depth within the • R-2 Zoning District. The proposed Lots 1 through 6 would measure 48.50 feet deep. Therefore, six 51.5 foot variances are being requested from the minimum lot depth of 100 feet. G. Section 11.26, Subd. 5.B, regarding the 60 foot minimum lot width within the R- 2 Zoning District. The proposed Lots 1 and 6 would measure 21.06 feet wide. Therefore, six 38.94 foot variances are being requested from the 60 foot minimum lot width requirement. H. Section 11.26, Subd. 5.B, regarding the 60 foot minimum lot width within the R- 2 Zoning District. The proposed Lots 2 through 5 would measure 16 feet wide. Therefore, four 44 foot variances are being requested from the 60 foot minimum lot width requirement. I. Section 11.26, Subd. 5.B, regarding the 9,000 square foot minimum lot area within the R-2 Zoning District. The proposed Lots 1 and 2 would measure 1,021.4 square feet in size; and the proposed Lots 2, 3, 4, and 5 would measure 776 square feet in size. Therefore, two 7,978.6 square foot variances are being requested (for Lots 1 and 2); and four 8,224 square foot variances are being requested (for each of Lots 2, 3, 4, and 5) from the 9,000 square foot minimum lot area requirement. 5. Section 11.40 Planned Unit Development (PUD), Subd. 3.B, states that within the R-2 district, 20% of the PUD must be usable, open space, and this space cannot include land devoted to streets, alleys, parking, and private yards. The required open space for this PUD is 8,512.46 square feet or .20 acre(42,562.3 square feet x 20% = 8,512.46 square feet). A total of 37,415.5 square feet (.86 acre) of open space is being proposed. 6. The City Attorney has commented that the Homeowner's Association documents must provide adequate protection to the City, as determined by the City Attorney. The applicant should contact the City Attorney to discuss this issue. • 7. Shakopee Public Utilities (SPUC) has commented that the applicant's proposal to have a single water meter to measure all water use in the building will be acceptable to them given that this is an existing multi-unit structure. (See Exhibits E and F.) The Homeowner's Association will bill each of the owners. Maintenance of the water system should be addressed in the documents for the Homeowner's Association. 8. The developer has not submitted a Wetlands Delineation Plan. The approval of a Certificate to the Wetland Conservation Act of 1991 will be required prior to approval of the Preliminary Plat by the City Council. Approval of the PUD should be contingent upon meeting the requirements of the Wetlands Conservation Act of 1991. 4 9. The developerwill be required to dedicate a ten foot wide drainage and utility easements along the perimeter of the plat with the approval of the Final Plat. 10. Minnegasco has commented that they will require 5 foot wide utility easements on each side of the common lot lines on the westerly portion of the lots between Lot 1 and Lot 2; Lot 3 and Lot 4; and Lot 5 and Lot 6, for all existing natural gas service lines. A condition is being recommended which requires these easements to be provided on the Preliminary and Final Plat drawings. 11. 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 dedication of park land. Using the assessed value from the Scott County Assessor's Office, the Park Dedication Requirement would be a total of$ 2,760.00 ($460 per 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 approval of the Final Plat by the City Council. Since this is an existing structure, deferment of the Park Dedication Fees to the time of the Building Permit is not an option for the applicant. 12. There are no special assessments against this property. Alternatives: 1. Recommend to the City Council the approval of the Preliminary and Final Development Plans for the proposed West View 7th Addition Planned Unit Development, subject to conditions. 2. Modify the recommended conditions, and then recommend approval of the Preliminary and Final Development Plans to the City Council. 3. Recommend denial of the Preliminary and Final Development plans to the City Council. 4. Continue the public hearing and request additional information from the applicant and/or staff. 5 Staff Recommendation: . Staff recommends approval of the Preliminary and Final Development Plans, subject to the following conditions: 1. The following variances are approved: - A. Section 11.26, Subd. 5.B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Currently, there is 1-structure on the site which contains 6 attached residential units. Since the structure contains party walls, two 10 foot variances are approved for each of Lots 2, 3, 4, and 5; and one 10 foot variance is approved for each of Lots 1 and 6. B. Section 11.26, Subd. 5.B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Since the side yard lot lines are proposed to be located 1 foot from the outside of existing end units, two 9 foot variances to this requirement are approved to the 10 foot side yard setback requirement (one for Lot 1 and one for Lot 6). C. Section 11.26, Subd. 5.B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District. As defined by the City Code, the front yard in this instance is adjacent to 6th Avenue. The existing structure is approximately 15 feet from the lot line adjacent to 6th Avenue. Therefore, one 15 foot variance is approved to the 30 foot front yard setback requirement. D. Section 11.26, Subd. 5.B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District. Each of the units is located 4 feet from the proposed front lot line of Lots 1 through 6. Therefore, six 26 foot variances are approved to the 30 foot front yard setback requirement. E. Section 11.26, Subd. 5.B, regarding the 30 foot rear yard setback requirement within the R-2 Zoning District. Each of the units is located 16 feet from the proposed rear lot line of Lots 1 through 6. Therefore, six 14 foot variances are approved to the 30 foot rear yard setback requirement. F. Section 11.26, Subd. 5.B, regarding the 100 foot minimum lot depth within the R-2 Zoning District. The proposed Lots 1 through 6 would measure 48.50 feet deep. Therefore, six 51.5 foot variances are approved from the minimum lot depth of 100 feet. G. Section 11.26, Subd. 5.B, regarding the 60 foot minimum lot width within the R- 2 Zoning District. The proposed Lots 1 and 6 would measure 21.06 feet wide. Therefore, six 38.94 foot variances are approved from the 60 foot minimum lot width requirement. 6 • • H. Section 11.26, Subd: 5.B, regarding the 60 foot minimum lot width within the R 2 Zoning District. The proposed Lots 2 through 5 would measure 16 feet wide. • Therefore, four 44 foot variances are approved from the 60 foot minimum lot width requirement. I. Section 11.26, Subd. 5.B, regarding the 9,000 square foot minimum lot area within the R-2 Zoning District. The proposed Lots 1 and 2 would measure 1,021.4 square feet in size; and the proposed Lots 2, 3, 4, and 5 would measure 776 square feet in size. Therefore, two 7,978.6 square foot variances are approved (for Lots 1 and 2); and four 8,224 square foot variances are approved (for each of Lots 2, 3, 4, and 5) from the 9,000 square foot minimum lot area requirement. 2. The following design changes will be required: A. Ten (10) foot wide drainage and utility easements along the perimeter of the site shall be provided. These easements shall be shown on the Preliminary and Final Plat drawings. B. Five (5) foot wide utility easements on each side of the common lot lines on the westerly portion of the lots between Lot 1 and Lot 2; Lot 3 and Lot 4; and Lot 5 and Lot 6, shall be provided for all existing natural gas service lines. These easements shall be shown on the Preliminary and Final Plat drawings. 3. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The developer shall provide the City with a copy of covenants, including the homeowner's association provisions for the PUD. The Homeowner's Association documents must provide adequate protection to the City, as determined by the City Attorney. The covenants and homeowner's association provisions must be reviewed and approved by the City Attorney. C. The homeowners association will be responsible for maintenance of the private common water facilities, and maintenance shall comply with the requirements established by the Shakopee Public Utilities Commission. The Homeowner's Association shall bill each of the tenants for their water usage. 7 4. Approval of the Preliminary and Final Planned Unit Development is contingent upon • the following: • A. Approval of the Preliminary and Final Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. Action Requested: Offer a motion to recommend to the City Council the approval of the request for approval of the Preliminary and Final Development Plan for the West View 7th Addition Planned Unit Development, and move its approval. {PUHCOLfl.t WFPuDBAH.o Cf} 8 EXHIBIT A .. .. 1 ' I . 1 :0100000 ,.. I - - 1111 511a15 n• - /14 -lin ns u ita ' ° l' '4111 AT liat NW dr et WM mat , .... ,7 ti.•, %.40 . ; t ________ _,..-.--mi 1" —4.A.L5 1111111 --- • 061. - i sA .: .. .- 111105 a rid irii Ills • ' ;II; rig gal ME - _ . /rd _,, :,;,-efir, WM Mil Ili; , • SUBJECT SITE >6 mat :: ':i.. .-la,' 1E44 ezrmitcriTATI: r, 01P-il-- 0,111.4.1 lit IiA altruism 22 • IrYvapec. ...e; ,_. IN IIII Mail Mal t _ _-11111r110":1 ,, _al.ring '*NB WIN Et I - ------ --- --- * — a Mr . , 1111:1i MU il am aft • 1 A I Offil NZ III MIE MIMIF4b4r4ic 1 - Algal ' Lia 6.111m8' !la% utaminaz Criiralk eitairc1k it4p ' ....„ . ...az . a; cHT, ma 1111111111ff illirnwo MIR aim magyuw ,‘ - :b‘. eirs rum ita-ai cV4 moll Kala aim 110 3.... r•—. ir.t.Aa .3,ta ail AG AGRICULTURE men CUR s CI" alanall ailli kaill111 ma Hata ER NW? R1 RURAL RESIDENTIAL ina.,,4 in_ Ina III ism aia o R2 URBAN RESIDENTIAL imprl isir-- 111111-- Ina Vi"; "IV In Mr. ILI mix./ limas 0 itiCIC:PN. PIM ' R3 MID-DENSITY RES. -IIII1L4 gam ...111111ta WW1 imilliii" 111.1117 R4 MULTI FAMILY RES. 31' eliCs —ow iiiir2 call low rraz iat a Amal no aim NM --'411: ram zran Inli mum ii= i , EXCI 0 EX I B1 HIGHWAY BUSINESS .!.., II kmrD Ora on MB in, B2 COMMUNITY BUSINESS illretV 10 rinr nes atEll ii B3 CENTRAL BUSINESS 41404k min Pi* l'uott" 17 'If ig E 11 LIGHT INDUSTRIAL . 6 .c-..44!‘ .-- 4": i Loa ft., ;Image" vti 414r. i YI g! i 12 HEAVY INDUSTRIAL s ut 1112211 n i:,. • . Li ! Li I . S SHORELAND artirm - inill 4-1 FLOODPLAIN DISTRICT uw... i, ! - -- - 1 ....; ___ ...„ . ! •.-- --- MANDATORY PUD . , . , RTO RACETRACK DISTRICT - • • -... • Zoning Map City of SHAKOPEE . . o11.--. V11 , 11 % .! I EXHIBIT I (o )?9 SHAKOPEE , MIN` SOTA 1141 NOTE: BEARINGS A^E ASSLuECI • o DEN07ES iROH MOxJMEHT a.• :... UTiuTY 8 �RAtnAGE E�SEMCNTS SHOWN THUS . ..•*4A'� • -- j;: SUBJECT SITE > •. �,c �IP J� 2; ` S p 3 • N1. •N1 474. • p N!; s r .t ;a8F-e 7E'i; ii C• 1 i1. - 'z a 8-ei.)4* �tzt:�i° • 6 ;40.1...scip.6).;:s4.; 32 W ss ,?s °0-..• . . • 60 1 Z � c �`( .f . •-• ° I 0 TH• - �• 9• �� mo 7 m 8 as mo ID 4 850 AV E• 2."..."°/...."../..1"°./.".."°e. 828.3• :2S 60 a50 -• . •vE ST : 2 31 2. m 12 . • :DS ISO 30 g 13 . • �, •• r . 14 •^ •••••• .. .-�.-ice .- . • .. ; I.:.,. 1.:. . .. . . • . . -. • ':i IS, V. .. .• i .•. .. 1:7 . ... 28 p. n 2 • 15 150 .. ... � _ • , . ' . .. .... . . 27 16 - �� �• r ,. 1f r: n •, \. .//?>s:; :r s m 26 17 at ISO f.. 25 ^ Z r 18 24 ^ 19 150 y-�ir4723 '' 20 •/ £ 2 2 cow. `tiP 21 t•5 0 5i, • SpA5��_. . • _•. e:.•t•t XHIBIT C E? 1 2 1994 . TO: City of Shakopee FROM: Darrell Bahnsen, Paul Harder, Jerry Enns . (West View Seventh Addition) SUBJECT: PRELIMINARY PLANNED UNIT DEVELOPMENT DATE: September 12 , 1994 Shakopee Properties is an existing structure that consists of 2- three bedroom units and 4-two bedroom units located at 602-612 Jackson Street in Shakopee, Minnesota and are currently rental units . The building units are situated on a parcel of land that is 42 , 562 . 30 square feet, or 0 . 98 acres . The property is currently owned by Robert . Jasper, the fee holder, and a contract for deed exists in the names of Darrell and Bette Bahnsen, Jerry and Susan Enns and Paul Harder, known as West View Seventh Addition. The group known as West View Seventh Addition are the developers, and our intent is to convert the property from 'a single Torrance Title to Torrance Titles for each unit and one for the common property. The development timing of this project would be to proceed as soon as all permits, applications, etc. are complete. The property. is currently zoned R2 and we are requesting that the existing zoning remain intact . Sincerely, hgeil /D rrell nsen klite /VA 11 APa 1 Harder - Jerry Enns EXHIBIT D PRELIMINARY PLANNED UNIT DEVELOPMENT WEST VIEW SEVENTH ADDITION The intent of the following_-information and attached exhibits is to satisfy the requirements - and conditions necessary for approval of a Planned Unit Development . The required fees and deposits are being paid at the time this information is submitted to the City of Shakopee. The following corresponds as closely as possible to the PUD Checklist provided by the City of Shakopee. COMPLETED FORMS A. Application B. Worksheet • C. Abstract List D. Preliminary Development Plan (Exhibit A-1) EXISTING SITE AND AREA INFORMATION A. Property Survey -See Exhibit A-1 ' B. Existing Improvement Map. -It is assumed that information related to topography, slope, drainage, etc. was provided and approved at the time of construction. Location of streets, alleys, sidewalks, etc. are shown in Exhibit A-1 . C. Existing Natural Conditions Map -It is assumed that this information was provided at the time of construction. PRELIMINARY DEVELOPMENT PLAN A. Layout of Proposed Streets -No additions or changes planned. See Exhibit A-1 . B. Basic Data Regarding Lots and Blocks -See Exhibits A-1 and B-1 . C. Setbacks, Buildings , Driveways , Parking Areas , Sidewalks , Open Space, and Recreation Areas . -See Exhibit A-1 . PRELIMINARY UTILITIES PLAN A. , No changes planned. See Exhibits C-1 , C-2 and D-1 . -Sanitary sewer and watermains are in accordance with city design criteria. All maintenance will be the responsibility of the Townhouse Association. PRELIMINARY STORMWATER MANAGEMENT CONTROL -It is assumed that this information was provided at the time of construction and conforms to City requirements . PRELIMINARY LANDSCAPE PLAN -Completed and compatible with surrounding properties . PRELIMINARY BUILDING PLANS -No new construction or modifications are planned. See • Exhibit B-1. PRELIMINARY PHASING PLAN -Construction of public and private improvements completed at time of original construction. No additions or changes planned. WATERSHED AND WATER MANAGEMENT PLAN -It is assumed that this information was provided at time of construction. ,DATA SHEET BLOCK 1 TOTAL SO FT TOTAL ACRES 42 , 562 . 30 0 . 98 LOTS 1-7 Total SQ_ FT. Address LOT 1 1 ,021 . 4__: 602 Jackson St . LOT 2 776.0 - 604 Jackson St . LOT 3 776.0 606 Jackson St . LOT 4 776.0 608 Jackson St . LOT 5 776.0 610 Jackson St . LOT 6 1,021. 4 612 Jackson St . LOT 7 37 ,415 . 5 N.A. Living Area Bedrooms Privacy Area S2 FT SQ FT LOT 1 1,183. 54 3 300 . 90 LOTS 2-5 1 ,072 .00 2 240 .00 LOT 6 1,183. 54 3 300 . 90 -Each unit has two levels of living area with a full basement. -All units are equipped with central air conditioning. LOT 7 37 ,415. 50 • -Includes off-street parking and recreational area. -Lot 7 will be maintained by the Townhouse Association. EXHIBIT B-1 • Edina EXHIBIT E Real • • April 14, 1994 'lakopee Office 7 S.Manchall Rd. -'te 3m Lou Van Hout 'akoree.NIN Shakopee Public Uti 1 ities 379 1030 E. 4th Tice: ' Shakopee, MN 55379 Dear Mr. Van Hout : Y: 0445.82.12 1 am working with Darrell Bahnsen, part owner of a six unit apartment building at 602-12 Jackson St, Shakopee in which we have applied with the City to convert to townhouse form of ownership. • As a part of the PUD and communications with the City Administrators, we need approval in writing from your office that our planned city water utilization is acceptable. The apartments in this building are aligned in a row side by side with the water entering the building at one end. The water pipe runs through the basement from one end of the building to the other. Our proposal is for one meter to continue to service the entire building, with that water bill going to the homeowners association which is to be formed as part of the PUD. The Association will then pay the water bill from dues collected from the unit owners. Please call if you have any questions or would like meet to discuss this request. Also, we have been in communication with Art Young and he may be able to answer questions. We would appreciate pp to your mailing an approval to me at the address on this letter or to Darrell Bahnsen. Th anl, ou i n Y advance nce for attention to this matter . your Sincerely, Art Bannerman. CPA Darrell Bahnsen, Owner REALTOR, GR! , CCPS 12703 Monterey 4.96-5')07 Savage, Mn 55378 EXHIBIT F :.� CITY OF SHAKOPEE 14k _ : PUBLIC UTILITIES COMMISSION N. ��,\K` �;KOE , 1030 EAST FOURTH AVENUE SHAKOPEE, MINNESOTA 55379 %t t 445.1988 r;! .y July 8, 1994 Art Bannerman, Realtor Edina Realty 327 S. Marschall Rd. Shakopee, MN 55379 RE: Watermeter, 602-12 Jackson St . Dear Mr. Bannerman: A few months ago you had written a letter asking for confirmation that an existing watermeter installation would still be satisfactory after a change in the nature of the building use. That change would convert the multiple residential rental units under single ownership, to individual ownership of each unit, with the single watermeter left in place. That single watermeter would measure all water use in the building and there would be one bill sent to a single customer (the Homeowners Association) . While this arrangement might not be acceptable for a building being newly constructed, in consideration of the fact that this is an existing building, the arrangement described above is acceptable to SPUC. Incidently, although I am not aware of any conflict with the Minnesota plumbing code or other statutory requirement, I limit my comments only to SPUC concerns. Sincerely yours, 7.,bu/Van Mout, Utilities Manager Shakopee Public Utilities commission Ek C'� c.c. Art Young, Barb Menden, Fulton Schleismann, Gregg Voxland Yhl ( — The Heart Of Progress Valley RESOLUTION NO. 4105 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR THE WEST VIEW 7TH ADDITION PLANNED UNIT DEVELOPMENT WHEREAS, on September 15, 1994,Darrel Bahnsen,Paul Harder,Jerry Enns,property owners, submitted an application requesting approval of the West View 7th Addition Planned Unit Development; and WHEREAS, the property upon which the request is being made is legally described as Lot 1, Block 1, West View 1st Addition; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Development Plan of West View 7th Addition on October 6, 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 and Final Development Plan of West View 7th Addition, described on Exhibit B attached hereto and incorporated herein,is hereby approved subject to the following conditions: 1. The following variances are approved: A. Section 11.26, Subd. 5.B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Currently,there is 1 structure on the site which contains 6 attached residential units. Since the structure contains party walls,two 10 foot variances are approved for each of Lots 2, 3, 4, and 5; and one 10 foot variance is approved for Lots 1 and 6. B. Section 11.26, Subd. 5.B, regarding the 10 foot side yard setback requirement within the R-2 Zoning District. Since the side yard lot lines are proposed to be located 1 foot from the outside of existing end units, two 9 foot variances to this requirement are approved to the 10 foot side yard setback requirement (one for Lot 1 and one for Lot 6). C. Section 11.26, Subd. 5.B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District. As defined by the City Code, the front yard in this instance is adjacent to 6th Avenue. The existing structure is approximately 15 feet from the lot line adjacent to 6th Avenue. Therefore one 15 foot variance is approved to the 30 foot front yard setback requirement. • D. Section 11.26, Subd. 5.B, regarding the 30 foot front yard setback requirement within the R-2 Zoning District. Each of the units is located 4 feet from the proposed front lot line of Lots 1 through 6. Therefore, six 26 foot variances are approved to the 30 foot front yard setback requirement. E. Section 11.26, Subd. 5.B, regarding the 30 foot rear yard setback requirement within the R-2 Zoning District. Each of the units is located 16 feet from the proposed rear lot line of Lots 1 through 6. Therefore, six 14 foot variances are approved to the 30 foot rear yard setback requirement. F. Section 11.26, Subd. 5.B, regarding the 100 foot minimum lot depth within the R-2 Zoning District. The proposed Lots 1 through 6 would measure 48.50 feet deep. Therefore, six 51.5 foot variances are approved from the minimum lot depth of 100 feet. G. Section 11.26,Subd. 5.B,regarding the 60 foot minimum lot width within the R-2 Zoning District. The proposed Lots 1 and 6 would measure 21.06 feet wide. Therefore, six 38.94 foot variances are approved from the 60 foot minimum lot width requirement. H. Section 11.26,Subd. 5.B,regarding the 60 foot minimum lot width within the R-2 Zoning District. The proposed Lots 2 through 5 would measure 16 feet wide. Therefore, four 44 foot variances are approved from the 60 foot minimum lot width requirement. I. Section 11.26,Subd.5.B,regarding the 9,000 square foot minimum lot area within the R-2 Zoning District. The proposed Lots 1 and 2 would measure 1,021.4 square feet in size; and the proposed Lots 2, 3, 4, and 5 would measure 776 square feet in size. Therefore,two 7,978.6square foot variances are approved(for Lots 1 and 2); and four 8,224 square foot variances are approved (for each of Lots 2, 3, 4, and 5) from the 9,000 square foot minimum lot area requirement. 2. The following design changes will be required: A. Ten (10) foot wide drainage and utility easements along the perimeter of the site shall be provided. These easements shall be shown on the Preliminary and Final Plat drawings. B. Five (5) foot wide utility easements on each side of the common lot lines on the westerly portion of the lots between Lot 1 and Lot 2; Lot 3 and Lot 4; and Lot 5 and Lot 6, shall be provided for all existing natural gas service lines. These easements shall be shown on the Preliminary and Final Plat drawings. • 3. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The developer shall provide the City with a copy of covenants, including the homeowner's association provisions for the PUD. The Homeowner's Association documents must provide adequate protection to the City,as determined by the City Attorney. The covenants and homeowner's association provisions must be reviewed and approved by the City Attorney. C. The homeowners association will be responsible for maintenance of the private common water facilities, and maintenance shall comply with the requirements established by the Shakopee Public Utilities Commission. The Homeowner's Association shall bill each of the tenants for their water usage. 4. Approval of the Preliminary and Final Planned Unit Development is contingent upon the following: A. Approval of the Preliminary and Final Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. BE IT FURTHER RESOLVED, that the appropriate City Officials are hereby authorized and directed to execute said Agreement for the West View 7th Addition Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney • r • Y ■ O i J Q Y .• W Y O C • C Y • ■ W O • w O... 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I i I a hr.. $ ga W . lilliii! u > s r 1HLuF . _ ..x . 11 tti c 1 It IllillIl ..1 5 I too _ r CON 'aNT MEMO TO: Dermis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer PAPJ SUBJECT: Speed Zone Request DATE: October 11, 1994 INTRODUCTION: Staff has received a request from a resident in the 900 block of Dakota Street that school speed zones be implemented on Dakota Street adjacent to Pearson Elementary School. Staff is requesting Council direction on this issue. BACKGROUND: The Police Chief has commented that to reduce the speed limit below 30 m.p.h., written permission from the Commissioner of Transportation will be required. The school speed zone signs limit speed to 15 m.p.h., when children are present. In the past,the State has been reluctant to reduce speed limits, however, being that this is adjacent to an elementary school, it may be approved. Staff would like Council direction on this issue before expending time and effort. The resident making the request also indicated that there have been several accidents at the intersection of Dakota Street and Shakopee Avenue. Currently, there are yield signs on Dakota Street and no traffic control on Shakopee Avenue. Given the number of accidents, and the changing traffic patterns with Dakota Street being open to 4th Avenue, this intersection may be a good candidate for a stop sign warrant study. Staff would like to mention though, that stop signs on this corner will not impact speeds on Dakota Street, or Shakopee Avenue. The speed issue should be addressed by signage and enforcement. ALTERNATIVES: 1. Direct staff to proceed with obtaining permission to establish a school speed zone on Dakota Street adjacent to Pearson Elementary School. 2. Direct staff to pursue obtaining school speed zones on other streets adjacent to Pearson Elementary School (Shakopee Avenue and/or 10th Avenue). 3. Direct staff to perform a stop sign warrant study for the intersection of Dakota Street and Shakopee Avenue. 4. Do Nothing. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 3. ACTION REQUESTED: 1. Direct staff to proceed with obtaining permission to establish a school speed zone on Dakota Street adjacent to Pearson Elementary School. 2. Direct staff to perform a stop sign warrant study for the intersection of Dakota Street and Shakopee Avenue. DMN/pmp SPEED t� MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer.' SUBJECT: Shakopee Basin WMO Joint Powers Agreement DATE: October 10, 1994 INTRODUCTION: Attached is the revised Joint Powers Agreement for the Shakopee Basin Watershed Management Organization (WMO) for Council review and approval. BACKGROUND: In 1982, the State legislature passed a law requiring the establishment of WMO's to address local water quality issues. The City of Shakopee's Corporate Limits extend into four separate drainage basins, and a WMO has been established for each of these basins. The WMO's in which the City is a member are the Sand Creek WMO, Lower Minnesota River Watershed District, Prior Lake- Spring Lake Watershed District, and the Shakopee Basin WMO. The 1982 legislation was relatively vague in regard to the powers and responsibilities the WMO's were to have. This has led to some WMO's being very strong while others did little or nothing at all. In an effort to "standardize" the WMO's, the legislature adopted a bill in 1990 which more clearly defined the WMO's, and the Joint Powers Agreements which created them. This legislation is the driving force behind the revised Shakopee Basin WMO Joint Powers Agreement. The 1990 legislation identified a two year period for the WMO's to revise their Joint Powers Agreement to comply with the new requirements. To date, the Shakopee Basin WMO is the only WMO in the Shakopee Corporate Limits to seek to comply. The City Attorney has reviewed the Joint Powers Agreement and has identified two areas of concern (see attached memo dated September 21, 1994). Although these issues are cause for concern, the City Attorney has commented that these provisions in the Joint Powers Agreement come from the requirements in the 1990 legislation, and are beyond the control of the City. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Joint Powers Agreement re- establishing the Shakopee Basin WMO. 2. Do not approve the agreement. 3. Table the issue for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. Since both the 1982 and 1990 legislation require that the City participate in the WMO's, Alternative No. 2 is not very feasible. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Joint Powers Agreement establishing the Shakopee Basin Watershed Management Organization. DMN/pmp p p JOINT REVISED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE SHAKOPEE BASIN WATER MANAGEMENT COMMISSION 17599 r09/02/94 • REVISED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE SHAKOPEE BASIN WATER MANAGEMENT COMMISSION The parties to this Agreement are cities which have land in the Shakopee Basin Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and 103B.201, et se . 1. NAME. The parties hereby create and establish the Shakopee Basin Water Management Commission. 2. GENERAL PURPOSE. The purpose of this Agreement is to provide an organization to regulate the natural water storage and retention of the Shakopee Basin Watershed to (a) protect, preserve, and use natural surface and ground water storage and retention systems; (b) minimize public capital expenditures needed to correct flooding and water quality problems; (c) identify and plan for means to effectively protect and improve surface and ground water quality; (d) establish more uniform local policies and official controls for surface and ground water management; (e)prevent erosion of soil into surface water systems; (f)promote ground water recharge; (g)protect and enhance fish and wildlife habitat and water recreational facilities; and (h) secure the other benefits associated with the proper management of surface and ground water. 3. DEFINITIONS. Subdivision 1. "Commission" means the organization created by this Agreement, the full name of which is "Shakopee Basin Water Management Commission". Subdivision 2. "Board" means the board of commissioners of the Commission. Subdivision 3. "Council" or "Town Board" means the governing body of a governmental unit which is a member of this Commission. 17599 1 r09/02/94 Subdivision 4. "Governmental Unit" means any city or township which is a signatory to this Agreement. Subdivision 5. "Member" means a governmental unit which enters into this Agreement. Subdivision 6. "Shakopee Basin Watershed" or "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is within the mapped areas delineated on the map filed with the Board of Water and Soil Resources pursuant to Minn. Stat. § 103B.211, Subd. 2. The membershipof the Commission shall consist of the following 4. MEMBERSHIP. governmental units: Jackson Township Louisville Township City of Shakopee City of Prior Lake No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separate political subdivision. 5. ADVISORS. Scott County and the Scott County Soil and Water Conservation District shall be requested to appoint a non-voting advisory member to the Commission. The County and District shall not contribute funds for the operation of the Water Management organization ("WMO"), except as provided in Minn. Stat. § 103B.251. 6. BOARD OF COMMISSIONERS. Subdivision 1. The governing body of the Commission shall be its Board which shall consist of four (4) commissioners. The Board of Water and Soil Resources shall be notified of all appointments to the Board and of all vacancies within thirty (30) days of the appointment or vacancy. All vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies shall be 17599 2 r09/02/94 published in the official newspaper of the city or township appointing the Board members at least fifteen (15) days before the appointment is made. The Board shall consist of one (1) commissioner appointed by Jackson Township, one (1) commissioner appointed by Louisville Township, one (1) commissioner appointed by the City of Shakopee, and one (1) commissioner appointed by the City of Prior Lake. Vacancies in office shall be filled for the remainder of the term by the governing body who appointed or had the right to appoint the commissioner. Subdivision 2. The term of each commissioner shall be two (2) years and until their successors are selected and qualify. Subdivision 3. A commissioner may not be removed from the Board prior to the expiration of his or her term, except for just cause, by the governing body who made the appointment in accordance with the rules prescribing standards and procedures for removing members of watershed management organization boards for just cause as promulgated by the Board of Water and Soil Resources. Subdivision 4. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from providing compensation for a commissioner for serving on the Board. Subdivision 5. At its first meeting each year, the Board shall elect from its commissioners a chair, a vice chair, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. At the organization meeting or as soon thereafter as it may be reasonably done, the Commission may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that at least ten (10) days' prior notice of the proposed amendment has been 17599 3 r09/02/94 • furnished to each person to whom notice of the Board meetings is required to be sent. Meetings shall be conducted in accordance with the Open Meeting Law as provided in Minn. Stat. § 471.705. Subdivision 6. Each member may appoint one alternate commissioner. The alternate commissioner shall be selected in the same manner as regular commissioners. The term of the alternates shall be two (2) years and until their successors are selected and qualify. In the absence of a regular commissioner, the alternate may vote and act in a commissioner's place. Subdivision 7. Decisions by the Board shall require an affirmative vote of a majority of all commissioners, then appointed, except that a decision on a capital improvement project shall require a two-thirds (2/3) affirmative vote of all commissioners, then appointed. Subdivision 8. The Board shall establish citizen and technical advisory committees as needed to obtain public participation. 7. POWERS AND DUTIES OF THE COMMISSION. Subdivision 1. The Commission, acting by its Board of Commissioners: (a) Shall prepare and adopt a watershed management plan meeting the requirements of Minn. Stat. § 103B.231; (b) Shall review and approve local water management plans as provided by. Minn. Stat. § 103B.235; (c) Shall exercise the authority of a watershed district under Minn. Stat. Chapter 103D to regulate the use and development of land when one or more of the following conditions exist: (1) The local government unit exercising planning and zoning authority over the land under Minn. Stat. §§ 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364 does not have a local water management plan approved and adopted in accordance with requirements of § 103B.235 or has not adopted the implementation program described in the plan. (2) An application to the local governmental unit for a permit for the use and development of land, requires an amendment to, or variance from, the adopted local water management plan or implementation program of the local unit. 17599 r09/02/94 (3) The local governmental unit has authorized the Commission to require permits for the use and development of land. (d) The Commission shall publish and distribute a newsletter or other appropriate written communication at least annually to watershed residents. The newsletter or other communication shall explain the watershed's programs and list offices and telephone numbers. (e) The Commission shall adopt an annual budget as set forth below, and work plan. (f) The Commission shall notify member cities of its meeting schedule. Meetings shall be held at least annually. Subdivision 2. The Commission may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. • Subdivision 3. The Commission may acquire, operate, construct and maintain only the capital improvements, if any, delineated in the watershed management plan adopted by the Board which the plan states will be constructed by the Board. Subdivision 4. The Commission may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. Subdivision 5. The Commission may establish and maintain devices for acquiring and recording hydrological and water quality data within the watershed. Subdivision 6. The Commission may provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing local water management plans within the watershed. Subdivision 7. The Commission may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations. 17599 5 r09/02/94 • Subdivision 8. The Commission may collect money, subject to the provisions of this Agreement, from its members and from any other source, if approved by an affirmative vote of all commissioners, then appointed. Subdivision 9. The Commission may make contracts, employ consultants, incur expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 10. The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file a report to its members at least once each year including the following information: (a) The financial condition of the Commission; (b) The status of all Commission projects and work within the watershed; (c) The business transacted by the Commission and other matters which affect the interests of the Commission. Copies of the report shall be transmitted to the Clerk of each member governmental unit. Subdivision 11. The Commission's books, reports, and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 12. The Commission may recommend changes in this Agreement to its members. Subdivision 13. The Commission may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. Subdivision 14. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 15. The Board may investigate on its own initiative or upon petition of any member, complaints relating to water pollution, as defined in the Commission's adopted water management plan, in the watershed. Upon a finding that the watershed is being polluted, the Board may 17599 6 r09/02/94 take appropriate action to alleviate the pollution and to assist in protecting and improving the water quality of surface water in the watershed. Subdivision 16. The Board shall at least every two (2) years solicit interest proposals for all legal, engineering, auditing, and other technical or professional services before retaining the services of a professional or extending annual service agreements. Subdivision 17. The Board shall coordinate its planning activities with contiguous watershed management organizations and counties conducting water planning and implementation under Minn. Stat. Chapter 110B. Subdivision 18. The Board shall file an annual report with the Board of Water and Soil Resources including a financial report on administration, projects, or other expenditures. 8. CONSTRUCTION OF IMPROVEMENTS. Subdivision 1. Before ordering an improvement, the Board shall secure from an engineer or some other competent person a preliminary report advising it whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the'estimated cost of the improvement as recommended. Subdivision 2. The Board shall then hold a public hearing on the proposed improvement, following mailed notice to the clerk of each member governmental unit and publication once each week for two (2) successive weeks before the date of the hearing in a legal newspaper in the county or counties in which a part of or all of the affected waters and lands are located. The last publication of notice shall occur not more than thirty (30) days nor less than ten (10) days before the hearing. The notice shall state the time and place of hearing, the general nature of the proposed improvement, the estimated total costs, the estimated cost to be allocated to each member governmental unit. At least ten (10) days before the hearing, notice by mail shall be given to the counties and to each city or town 17599 r09/02/94 located wholly or partly within the territory of the Commission. Failure to give mailed notice or defects in the notice shall not invalidate the proceedings. Subdivision 3. At the time and place specified in the notice the Board shall hear all parties interested in the proposed improvement. If upon full hearing, the Board finds that the improvement will be conducive to public health and promote the general welfare, and is in compliance with Sections 103B.205 to 103B.255 and the plan adopted pursuant to Section 103B.231, it shall make findings accordingly, determine the cost of the improvement, and certify the cost before October to the county or counties for payment if county bonding is being used to finance the project. If the Board orders the construction of an improvement, the order shall describe the improvement, shall designate the engineers to prepare plans and specifications, and shall designate who will contract for the improvement. Subdivision 4. All improvement contracts ordered by the Board shall be let in accordance with State statutory requirements. Bidding and contracting may be done by the Board or the Board may request a member governmental unit to perform these functions on its behalf. Subdivision 5. All improvement contracts shall be supervised by the entity awarding the contract. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. Subdivision 6. The Commission shall have the power of eminent domain. The Board may also request a member to condemn property on its behalf. 9. FINANCES. Subdivision 1. The Commission funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board may designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories 17599 8 r09/02/94 for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two (2) Board members, one of whom shall be the treasurer. The treasurer shall be required to file with the secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on the bond. Subdivision 2. Each member shall contribute each year to a general fund to be used for general administration purposes including, but not limited to: salaries, supplies, development of an overall plan, insurance, bonds, and water quality monitoring. The funds may also be for improvements, and for maintenance of any facilities constructed by the Commission. The annual contribution by each member to the Commission's general fund shall be determined as follows: (a) fifty percent (50%) of the general fund shall be assessed based on the percentage of the total assessed valuation of all property in the watershed which is located within the member's boundaries; and (b) fifty percent (50%) of the general fund based on the percentage of the total area in the watershed located within the member's boundaries. Subdivision 3. On or before July 1 of each year, the Board shall adopt a general administrative budget for the ensuing year and decide upon the total amount necessary for the general fund. Adoption of the general administrative budget shall require an affirmative vote of a majority of all commissioners, then appointed. The secretary of the Board shall certify the budget on or before July 1 to the Clerk of each member governmental unit, together with a statement of the proportion of the budget to be provided by each member. The Board shall, upon notice from any member received prior to August 1, consider objections to the budget. After considering the objections, the Board may amend the budget. The budget may not be adopted if the governing bodies of three (3) or more member units object to it. Subdivision 4. An improvement fund shall be established for each improvement project ordered by the Commission. Each member shall pay its proportionate share of the cost of the 17599 9 r09/02/94 improvement in accordance with the determination of the Board as set forth herein. The Board, in its discretion, may require members to make advance payments based upon estimated costs, subject to adjustment to reflect actual costs, or may bill the members as costs are actually incurred. Members agree to pay billings within thirty (30) days of receipt. The Board or the member awarding the contract shall advise other contributing members of the tentative time schedule of the work and the estimated times when the contributions shall be necessary. Subdivision 5. All costs of capital improvements designated in the Board's adopted watershed management plan for construction by the Board shall be apportioned on one of the following bases: (a) The ratio of real property valuation of each member within the boundaries of the benefited area to the total real property valuation within the entire benefited area; (b) The ratio of storm water runoff produced by each member within the boundaries of the benefited area to the total runoff of storm water produced by the entire benefited area; (c) A combination of the above apportionment methods; (d) Pursuant to Minn. Stat. § 103B.251; (e) Any basis that is fair and equitable. Subdivision 6. Any member governmental unit aggrieved by the determination of the Board as to the allocation of the costs of an improvement shall have fifteen (15) days after the Board resolution ordering the improvement to appeal the determination. The appeal shall be in writing and shall be addressed to the Board asking for arbitration. The determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within fifteen (15) days after their appointment, then the 17599 10 r09/02/94 chief judge of the First Judicial District shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board. The third person selected shall not be a resident of any member governmental unit and if appointed by the chief judge, shall be a person knowledgeable in the subject matter. The arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minn. Stat. Chapter 572. 10. SPECIAL ASSESSMENTS. The Commission shall not have the power to levy special assessments. 11. DURATION. Subdivision 1. Each member shall be bound by the terms of this Agreement until January 1, 2000, and it may be continued thereafter upon the agreement of all the parties. Subdivision 2. This Agreement may be terminated prior to January 1, 2000, by the written agreement of a majority of the members provided that Scott County and the Board of Water and Soil Resources are given at least ninety (90) days advance notice of the intent to dissolve. Withdrawal of territories from the watershed district or termination of the watershed district shall comply with the applicable procedures of Minn. Stat. § 103B.221. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the Board to dissolve the Agreement. Upon thirty (30) days' notice in writing to the Clerk or City Administrator of each member governmental unit, the Board shall hold a hearing and upon a favorable vote, the Board may by resolution recommend that the Agreement be dissolved provided that Scott County and the Board of Water and Soil Resources are given at least ninety (90) days advance notice of the intent to dissolve. The resolution shall be submitted to each member 17599 11 r09/02/94 • governmental unit and if ratified by a majority of the governing bodies of all eligible members within sixty (60) days, the Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. 12. DISSOLUTION. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission required by the last annual budget. 13. EFFECTIVE DATE. This revised Agreement shall be in full force and effect when all four (4) members, delineated in paragraph 4 of this Agreement, have executed this Agreement. All members need not sign the same copy. The resolution and signed Agreement shall be filed with the Scott County Director of Planning, Inspections, and Environmental Health, Scott County Courthouse, 428 South Holmes Street, Shakopee, Minnesota 55379. Prior to the effective date of this revised Agreement, any signatory may rescind their approval. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. § 471.39. Approved by the City Council CITY OF SHAKOPEE , 19_ BY: ATTEST: Approved by the City Council CITY OF PRIOR LAKE , 19_ BY: ATTEST: 17599 r09/02/94 12 Approved by the Town Board LOUISVILLE TOWNSHIP , 19_ BY: ATTEST: Approved by the Town Board JACKSON TOWNSHIP 19_ BY: ATTEST: 17599 13 r09/02/94 MEMORANDUM TO: Dave Nummer, Civil Engineer FROM: Karen Marty, City Attorney DATE: September 21, 1994 RE: Shakopee Basin WMO Agreement Over the past year I have reviewed various drafts of the Shakopee Basin WMO Joint Powers Agreement . The following two matters I believe should be mentioned as potential areas of concern. 1 . Section 9, Subd. 3 and 4 follow the statutory mandate of requiring no more than a majority vote. However, we will be one of four entities voting, and may be outvoted on occasion. These two subdivisions specifically deal with adopting the budget (which leads to taxes and City expenses) , and approving projects for which the City must pay its "proportionate" share . The City is giving up some control over its budget . 2 . Section 11, Subd. 2 follows the statutory mandate that the agreement end in a year divisible by 5 . This locks us in until 1/1/2000 . We need to be comfortable with the agreement, since it will bind us until then. If you have questions about these, please let me know. Signed 4/2 0) Karen Mart ' , Cit - torney KEM:bjm [19MEMO] @PJL RDYMSG DISPLAY = "WordPerfect Job" @PJL SET RESOLUTION = 600 @PJL ENTER LANGUAGE = PCL CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer J+'^ tJ SUBJECT: Sarazin Street/Roundhouse Street Appraisal, Project No. 1994-10 DATE: October 13, 1994 INTRODUCTION: Attached is a Memorandum of Understanding from Peter Patchin & Assoc. for performing appraisals for right-of-way for Sarazin Street and Roundhouse Street. BACKGROUND: On September 20, 1994 the City Council authorized staff to obtain a quotation for appraisals for negotiate with right-of-way needed for the Sarazin Street Project. The appraisals will be used to e e g YPP g property owners, or for condemnation hearings, if required. The cost to perform the appraisal is $3,500.00. This cost will be included in the overall project costs. ALTERNATIVES: 1. Accept the quotation and authorize the appropriate City officials to execute the Memorandum of Understanding with Peter Patchin & Assoc., Inc. for performing appraisals for right-of-way for Sarazin Street and Roundhouse Street,Project No. 1994-10. 2. Reject the quotation and direct staff to obtain other quotations. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to accept the quotation and authorize the appropriate City officials to execute the Memorandum of Understanding with Peter Patchin & Assoc.,Inc. for performing appraisals for right-of-way for Sarazin Street and Roundhouse Street, Project No. 1994-10. DMN/pmp FROM : PJP E Assoc. OCT. 12. 1994 9:41 AM P 2/3 Peter J. Patchin & Associates, Inc. Valuation Consultants (612) 895-1205 101 West Burnsville Parkway, Suite 200,Burnsville,Minnesota 55337 FAX (612) 895-1521 October 11, 1994 City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 ATTN: Mr. David Nummer Staff Engineer RE: Valuation Consulting and Appraisal Services Peter). Patchin &Associates, Inc. 101 W. Burnsville Parkway, Ste. 200 Burnsville, Minnesota 55337 To whom it may concern: This letter is intended to be a memorandum of understanding concerning the engagement of Peter J. Patchin & Associates, Inc. for purpose of rendering valuation consultation and/or appraisal reports. It is understood by both parties that the nature of the assignment is as follows: Type of Property: Undeveloped Land 5 Parcels Location: Roundhouse Street & Sarazin Street, between 4th Avenue and C.S.A.H. #16 Shakopee, Minnesota Identification: City Project#1994-10, Easements 94-14R, 94-15, 9416, 94-17 and 94-18. Function of Appraisal/ Consultation: Market value of temporary and permanent road easements; 5 parcels, all appraisals in one cover. Data Needed to Perform Impaired Value Analysis: Already have. FROM : PJP & Assoc. OCT. 12. 1994 9:42 All P 3/3 Estimated Cost of Services Rendered: $3,500.00 for appraisal report; plus$125.00 per hour for time subsequent to delivery of appraisal report. Delivery Date: 21 days following execution of contract. Terms-Total amount due within 30 days following date of invoice, 1-1/2% per month interest charges will be added to accounts not paid by that time. Retainer Fee-to be paid in advance of commencement of assignment: N/A Date: October 11, 1994 Sincerely, PETER J. PATCHIN & ' IAT , INC. ‘I.,W7 Peter J. Patchin, MAI, CRE President PP: ' Jr1 P Client Firm Name: City of Shakopee Individual Responsible: Signature: Peter J. Patchin&Associates.Inc. IIJ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fuel Tank Leak DATE: October 12, 1994 Introduction Petroleum contaminated soil was found around two of the City's old underground fuel tanks. Follow up action is needed. Background Petroleum contaminated soil was in contact with bedrock by one of the gasoline tank basin and under the diesel fuel pump. Minnesota Pollution Control Agency (MPCA) is requesting (requiring) the city to investigate further to determine the extent of the contamination. The first step in further investigation is proposed to consist of one boring at each site. The bore would go through the bedrock to obtain a ground water sample for laboratory analysis. To follow procedures to qualify for Petrofund reimbursement, the city needs to obtain proposals for consultant services (environmental engineering) to conduct the sampling process. City staff is in the process of obtaining proposals. Staff at MPCA has agreed to review the proposals for the city. There are some time constraints involved. Cost for this step is estimated to be between $5,000 and $15,000. Council authorization for the appropriate city officials to execute a contract for consultant services not to exceed $20,000 is requested. Funding would come from General Fund Contingency which has current balance of $46,000. Action Requested Move to authorize the appropriate city officials to execute a contract for consultant services for remedial investigation following underground fuel storage tank removal not to exceed $20,000. MEMORANDUM II TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne � /� DATE: October 12, 1994 RE: Murphy' s Landing Sublease At the last City Council meeting the City Council was asked to consider a Recognition and Non-Disturbance Agreement with Paper Warehouse for their proposed Halloween theme event, which is to be held at Murphy' s Landing. The City Council asked staff to review this in more depth. Attached is a memo outlining many of the items of interest in the sublease. This is being brought forward for review only at this time. It will be placed on the October 17 agenda for discussion and possible action. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne . DATE: October 12, 1994 RE: Murphy' s Landing Sublease BACKGROUND: At the last City Council meeting, a draft Recognition and Non- Disturbance Agreement was presented. This agreement would have allowed Paper Warehouse to continue to operate its Halloween theme event, even if the lease between the City and Murphy' s Landing is terminated. City Council tabled the agreement in order to allow further review of the sublease between Murphy' s Landing and Paper Warehouse, so that we may make certain that the City is comfortable taking over that sublease if necessary. REVIEW OF. SUBLEASE: Shirley Olsen, Executive Director of Murphy' s Landing, has provided a copy of the sublease between Murphy' s Landing and Paper Warehouse. Many of the concerns identified in earlier drafts have been resolved. A copy of that sublease is attached for your information. Paper Warehouse wants a guaranteed period of operation for several years, in order to recoup its investment. They have requested that we execute the Recognition and Non-Disturbance Agreement . That agreement providesthat the City will step into the place of Murphy' s Landing and follow the sublease, if the City' s lease with Murphy' s Landing ends. Therefore, the City needs to be comfortable with the provisions of the sublease. A review of the sublease reveals the remaining areas of interest or concern. 1. Article 2 : This lease is exclusive. It gives Paper Warehouse the exclusive use of the site starting the last full weekend in September through the month of October. It is unclear exactly when Paper Warehouse is to gain possession; if desired, this could be revised to provide that Paper Warehouse has exclusive use commencing 1 : 00 a.m. on the Saturday of the last full weekend in September. An exclusive lease clarifies who is responsible for the property at various times, but it also limits the landlord' s use of the premises. City Council should decide if it is comfortable with the exclusive provision. 2 . Article 6 : Paper Warehouse is not required to continue the Halloween theme park throughout the term of the lease. Do we want the right to terminate the lease if they skip a season, or is it irrelevant so long as they pay the base rent? 3 . Article 6 : The City must be concerned with the protection of the site and the patrons . Therefore, the City may want to require that language be added describing Paper Warehouse' s plans in this regard. In particular, we may want to require plans satisfactory to the landlord that regulate the size, location, and supervision of fire and flames; security; and safety or first aid. 4 . Article 8 : This gives the landlord the right to terminate the lease at any time after seven years, by six months' prior written notice. We may want to insert a date (November 1 or 30?) , and the phrase "for any reason" , so that no question would arise regarding the validity of a termination. 5 . Article 9 : Paper Warehouse agrees to pay all utilities, but it is not clear whether it will pay these directly or reimburse the landlord. If the landlord is to pay these and get reimbursed, then language should be added to enforce this provision. If Paper Warehouse is to pay these directly, then we may want to add language to provide that Paper Warehouse shall not permit any discontinuance of, nor terminate, any utility. 6 . Article 10 : Paper Warehouse is given the right to attach their facades to the existing buildings. Although presumably Murphy' s Landing has worked something out so that the historic structures will not be damaged, we may want to include language requiring that the means of attachment be approved by the City. 7 . Article 10 : Paper Warehouse is required to remove all of its improvements by November 20 of each year. No provision for clean-up of debris is included, and enforcement language is absent . The City may want to require a letter of credit, an agreement to reimburse the City for clean-up costs, or something similar, to address restoring the site each year. 8 . Article 14 : The landlord is required to keep the buildings, improvements, and parking areas in good repair and good condition. Do we want to be bound by this if we become the landlord? 9 . Article 17 : The landlord is required to provide fire insurance on the buildings, along with public liability insurance for injury or death of persons or damage to property in the amount of one million dollars . Do we want to agree to this if the City becomes the landlord? 10 . Article 17 : The landlord insures the property, yet Paper Warehouse has exclusive use for over a month. It seems that Paper Warehouse should assume liability for that period of time. In addition, the lease does not indicate who is liable for damage to either the landlord's or Paper Warehouse' s property during the time the other has theprimary use of the property. We may wish to insert some language regarding this. 11 . Article 18 : The landlord sill repair or replace any improvements damaged by fire or other casualty, if there is any insurance proceeds . Are we comfortable with this requirement? 12 . Article 24 : The landlord agrees not to allow a Halloween theme park on the site for three years after termination of the lease with Paper Warehouse. 13 . Article 25 : Notices are to be served on parties at their addresses . An address should be added for the City, in the event the City becomes the landlord. ALTERNATIVES : 1 . Select concepts above to insert into the Recognition and Non-Disturbance Agreement, and direct staff to bring a revised Recognition and Non-Disturbance Agreement to City Council for consideration on November 1 . 2 . Authorize the appropriate City officials to execute the Recognition and Non-Disturbance Agreement as presently written. 3 . Table for more information. REQUESTED ACTION: Discuss issues with lease and give direction to staff . 10/12/94 12:30 a 612 831 1693 J SMITH'R KORSH P.07 10/7/94:IV LEASE INDEX Article 1. Premises 2. Term 3. Rent 4. Additional Rent 5. Option to Renew 8. Use of Premises 7. Covenant of Title and Quiet Enjoyment 8. Early Termination 9. Zoning and Building Laws 10. Construction of Improvements 11. Compliance with Laws and Ordinances 12. Loss of Possession or Use 13. Trade Fixtures, Machinery and Equipment 14. Repairs 15. Taxes 16. Utilities 17. Insurance and Indemnifications 18. Damage to or Destruction of Improvements 19. Eminent Domain 20. Assignment and Subletting 21. Remedies of Landlord 22. Landlord's Access to Premises 23. Surrender of Premises 24. . Covenant Not to Complete 25. Service of Notice 28. Successors and Assigns 27. Recording 28. Amendments 29. Invalidity of Provisions 30. Captions 31. Entire Agreement 32. Counterparts 33. Governing Law 10/12/94 12:31 a 612 831 1693 J SMITH/R KORSH P.08 LEASE THIS INDENTURE OF LEASE, made and entered into this day of October, 1994, by and between Minnesota Valley Restoration Project (Murphy's Landing), a non-profit corporation, hereinafter referred to as"Landlord"and Paper Warehouse, Inc., a Minnesota corporation, hereinafter referred to as "Tenant": ARTICLE 1. PREMISES: WITNESSETH: That Landlord, for and in consideration of the covenants hereinafter contained and made on the part of the Tenant, does hereby demise and lease to Tenant the following described Premises in the City of Shakopee, County of Scott, and State of Minnesota, as described in"Exhibit A" attached hereto and made a part hereof. Together with all Landlord's rights,easements and appurtenances in adjoining and adjacent land, highways, roads, streets, lanes, whether public or private, said real estate being hereinafter referred to as the "Premises". ARTICLE 2. TERM: TO HAVE AND TO HOLD the same for Tenant's exclusive use commencing the last full weekend in September of each year and during the month of October for a term of twenty-five (25) years commencing on Saturday, September 23, 1995, and on the Saturday of the last full weekend in September in each year thereafter during the Term hereof, subject to the provisions governing early termination contained in Article 6. The parties acknowledge that the Landlord uses and will use the Premises as a"living history museum" during all other months of the year and on other weekends in September and weekdays for prescheduled groups in September. Tenant, its officers, employees, subcontractors and invitees shall be allowed free and uninhibited access to the Premises during the months of July, August, September and November for the purpose of constructing, removing and storing Tenant's improvements which will be used on the Premises during the Term of this Lease. It is understood that the access referred to in this paragraph shall not interfere with Landlord's use of the Premises as a "living history museum". ARTICLE 3. ANNUAL BASE RENT: Upon execution of this Lease, Tenant shall pay to Landlord the sum of Ten Thousand Dollars ($10,000.00) to be applied to the Annual Base Rent for 1995. The remaining balance of the Annual Base Rent for 1995 shall be paid on November 1, 1995. Thereafter, the Annual Base Rent shall be paid by Tenant to Landlord Ten -2- ' 10/12/94 12:32 a 612 831 1693 J SMITH'R KORSH P.09 Thousand Dollars ($10,000.00) on the first day of September and the balance on the first day of November in each year during the Term of this Lease. 1) In the first, second and third year of this agreement (1995, 1996 and 1997), the Annual Base Rent shall be the sum of Twenty-Five Thousand Dollars ($25,000.00). 2) Beginning in the fourth year of this Lease, and every year thereafter, the Annual Base Rent shall increase, over the preceding year, by a percentage equal to the percentage increase, if any, in the Minneapolis/St. Paul Consumer Price Index, all items, as promulgated by the U.S. Department of Labor ("CPI"). The base for determining the percentage increase, if any, in the fourth year will be the third quarter of 1997 CPI compared to the third quarter of 1998 CPI. In no event shall the Annual Base Rent be less than the Annual Base Rent paid in the preceding year. All rent shall be payable at the address of the Landlord, as set forth in Article 25 hereof, unless otherwise specified, in writing, by Landlord. ARTICLE 4. ADDITIONAL RENT: 1) In addition to the Annual Base Rent set out in Article 3 above, Tenant agrees to pay, as additional rental in any lease year the sum of the following percentages of gross receipts (as hereinafter defined): a) Five percent (5%) of all gross receipts over $500,000 and under $600,000. b) Six percent (6%) of all gross receipts over $600,000 and under $700,000. c) Seven percent (7%) of all gross receipts over$700,000 and under $800,000. d) Eight percent (8%) of all gross receipts over$800,000 and under $900,000. a) Nine percent (9%) of all gross receipts over $900,000 and under $1,000,000. f) Ten percent (10%) of all gross receipts over $1,000,000.00. 2) "Gross Receipts" shall be all sales revenues received by Tenant from its use of the Premises including ticket sales, food sales and retail sales. 3) For purposes of this Article, gross receipts shall be first reduoed by any sales tax or other taxes included in the sales price or paid by Tenant. 4) Tenant shall submit to Landlord no later than December 31 of each year during the Term of this Lease, at the place where rent is then payable, a -3- 10/12/94 12:33 a 612 831 1693 J SMITH'R KORSH P. 10 complete statement showing in reasonable detail the amount of Tenant's gross receipts during the prior lease year. All payments of additional rent, if any, shall be due with the statement. 5) Tenant shall keep a full and accurate set of books adequately showing the amount of gross receipts by Tenant in each period as aforementioned. Landlord and its duly authorized representatives, during the Term hereof, shall have the right to inspect Tenant's books and records and any other data in any way pertaining to gross receipts and Tenant agrees to keep such books, records and data at a convenient place. Such records shall be kept, maintained and available for inspection by Landlord and its agents for at least two (2) years after the end of the appropriate period for which Tenant has furnished Landlord with a written statement of gross receipts. ARTICLE 5. OPTIONS TO RENEW: Unless earlier terminated as hereinafter provided, Tenant shall have the option to renew this Lease for two (2) successive terms of ten (10) years each under the same terms, conditions, and provisions as are in effect as of the last day of the term of this Lease. Each renewal option, to be effective, must be exercised by Tenant by written notice of such exercise mailed to Landlord no less than six (6) months prior to commencement date of such renewal term. Any such notice of exercise of any such option shall be mailed pursuant to the notice provisions of Article 25 hereof. ARTICLE 6. USE OF PREMISES: It is contemplated by Tenant that the demised Premises will be used for the operation of a Halloween Theme Park. Howevernothing herein contained shall be construed to require Tenant to continue its business operations upon the demised Premises throughout the term of this Lease. Tenant shall have the right to terminate this Lease at any time by six (6) months prior written notice to Landlord mailed pursuant to the notice provisions of Article 25 hereof. During the months of July and August of each year, commencing in 1995, Tenant, its officers, employees,agents,contractors and invitees may enter upon the Premises for the purpose of constructing the stages, "haunts", facia, storefronts and other structures that Tenant will use for its Halloween Theme Park event. Tenant will use its best efforts during these months not to interfere with Landlord's use of the Premises. Tenant shall have the use of all parking areas and all drives and means of access to public roads. ARTICLE ?. COVENANT OF TITLE AND QUIET ENJOYMENT: Landlord covenants that Landlord is well seized of and has the right to sublease the Premises. If, at any time, Landlord's right to receive rent hereunder -4- 18/12/94 12:34 a 612 831 1693 J SMITH'R KORSH P. 11 • is disputed or there is a change of ownership of Landlord's estate, by act of the parties or operation of law, Tenant may withhold rent thereafter accruing until Tenant has been furnished proof satisfactory to it as to the party entitled thereto. Landlord shall obtain, prior to its execution of this Lease, a Recognition and Non- Disturbance Agreement from the City of Shakopee in the form attached hereto as Exhibit B. ARTICLE 8. EARLY TERMINATION: Landlord shall have the right to terminate this Lease at any time after November, 2002, by six (6) months prior written notice to Tenant mailed or delivered pursuant to the notice provisions of Article 25 hereof. ARTICLE 9. ZONING AND BUILDING LAWS: The use of the Premises by Tenant shall be in conformance with the present zoning classification and local laws and ordinances applicable to the demised Premises. Tenant has thoroughly inspected the subject Premises and is familiar with the present existence, or non-existence, and availability of public water, sanitary sewer, storm sewer service, electric current and telephone facilities. Landlord shall have no duty to provide or improve any such utility. Tenant shall pay all costs associated with providing or improving such utility over that which currently exists. • ARTICLE 10. CONSTRUCTION OF IMPROVEMENTS: Tenant agrees to construct, at its sole cost and expense, temporary or moveable structures upon the demised Premises to include a"haunted hayride" with appropriate building facades. It is the intent of the parties that Tenant will not use the interior of Landlord's historical buildings nor will Tenant deface said structures in any way. Tenant may attach facades to the existing buildings and use them as backgrounds for its Halloween Theme Park. The Tenant shall, after October 31 of each yearremove all of its improvements no later than the 20th of November of each year of this Lease. Landlord shall make available for use by Tenant as a storage facility the building marked on Exhibit A. The parties acknowledge that in its present condition this building may not be satisfactory as a storage facility and that any and all improvements required shall be made at Tenant's sole cost and expense. The parties further acknowledge that Landlord and Tenant may each use a portion of the building for storage of their property items. Any materials or other property stored by Tenant shall be at Tenant's sole risk. Landlord shall allow Tenant to construct, at the sole cost and expense of Tenant, at a location on the Premises to be mutually determined by Landlord and Tenant, a structure for the storage of Tenant's materials and other property. -5- i 10/12/94 12:35 Z 612 831 1693 J SMITH'R KORSH P. 12 It is contemplated by the parties that the Tenant, at its sole cost and expense, may build a "haunted house" on the demised Premises which haunted house, if constructed, shall be a permanent improvement to the demised Premises and not removed annually. The haunted house shall be constructed on that portion of the demised Premises as approved by Landlord. The design of the proposed "haunted house" shall be aesthetically consistent with the other structures on the Premises. Tenant shall submit the design of the proposed structure to the Landlord for Landlord's approval. The submitted design shall be deemed approved if Landlord shall not object thereto, in writing, within ten (10) business days from the date of its submission by Tenant to Landlord. Upon termination of this Lease, the haunted house shall be removed from the demised Premises at the cost and expense of Tenant. Tenant shall keep the demised Premises free and clear of all liens and encumbrances. Tenant acknowledges that any improvements constructed or located on the Premises are subject to becoming the property of the City of Shakopee pursuant to the underlying lease agreement between Landlord and the City of Shakopee. Landlord and Tenant acknowledge that it will be to their mutual benefit to provide signage at the public access to Murphy's Landing, and Landlord and Tenant agree to determine and provide for mutually acceptable signage. ARTICLE 11. COMPLIANCE WITH LAWS AND ORDINANCES: • Tenant shall comply with all Federal, State, County and City laws and ordinances and all rules and regulations of any duly constituted authority, present and future, affecting or respecting the use or occupancy of the demised Premises by Tenant or the business at any time thereon transacted by Tenant or any assignee or sublessee of Tenant, after the commencement of the term of this Lease upon demand of any authority having jurisdiction thereof. ARTICLE 12. LOSS OF POSSESSION OR USE: If at any time during the Term of this Lease or any extension thereof, Tenant shall, through no act, default or neglect on its part, be deprived of possession of the demised Premises or any material portion thereof or the use of the demised Premises for the purposes contemplated by Tenant, for any reason, including, but not limited to, any limitation of access to the demised Premises or any re-zoning or other governmental action which would prohibit the operation of the business contemplated by Tenant, then, and in any such event, Tenant shall have the right to terminate this Lease upon giving Landlord ten (10) days written notice of its intention to so terminate, in accordance with the provisions of Article 25 hereof. -6- 10/12/94 12:36 Z 612 831 1693 3 SMITH'R KORSH P. 13 ARTICLE 13. TRADE FIXTURES, MACHINERY AND EQUIPMENT: Landlord agrees that all trade fixtures, machinery, equipment, furniture temporary or moveable improvements and structures or other personal property of whatever kind and nature kept or installed on the demised Premises by Tenant or by Tenant's assignees or sublessees shall not become the property of the Landlord or a part of the realty, no matter how affixed to the demised Premises and may be removed by Tenant or its assignees or sublessees, In their discretion, at any time, and from time to time, during the entire term of this Lease and any renewals. Tenant, at its sole cost and expense, shall repair any damage caused by the removal of such property. • ARTICLE 14. • REPAIRS: I ! Landlord shall, at all times during the Term of this Lease, at its own cost and expense, keep and maintain or cause to be kept and maintained in repair and good condition, ordinary wear and tear and the provisions of Article 18 hereof excepted, all buildings, improvements and parking areas at any time constructed on the demised Premises and shall use all reasonable precautions to prevent waste, damage or injury thereto. Tenant shall, at all times during the Term of this Lease, at its own cost and expense, keep and maintain or cause to be kept and maintained and in repair and good condition, ordinary wear and tear excepted, all temporary or moveable improvements and structures and the haunted house, if constructed. ARTICLE 15. TAXES: Tenant agrees that it will indemnify Landlord and pay all taxes which become payable by Landlord as a direct result of Tenant's use of the Premises and which, except for Tenant's use of the Premises, would not otherwise be payable by Landlord. This shall include real estate taxes and special assessments, if any, which are assessed against Tenant's improvements on the demised Premises. • • ARTICLE 16. UTILITIES: Tenant agrees that it will pay all costs for water, sewer, gas, electric current, other utilities and trash removal used, consumed or wasted upon or in connection with the demised Premises during the months of the Term hereof, and of any renewals thereof, as Tenant shall use on the Premises, as and when the charges for the same shall become due and payable. • •-7- . 18/12/94 12:37 a 612 831 1693 J SMITH/R KORSH P. 14 ARTICLE 17. INSURANCE AND INDEMNIFICATION: Landlord shall, at its own cost and expense, carry and maintain fire insurance with extended coverage endorsements on all buildings (except the haunted house, if constructed) located on the demised Premises together with public liability insurance indemnifying Landlord and Tenant against all claims for injury or death of persons or damage to property which may be claimed to have occurred upon the Premises in the amount of One Million Dollars ($1,000,000.00). Tenant shall procure, keep in force and pay for comprehensive public liability insurance indemnifying Landlord and Tenant against all claims and demands for injury to or death of persons or damage to property which may be claimed to have occurred upon the Premises in the amount for injury or death of One Million and No/100 Dollars ($1,000,000.00) together with fire insurance with extended coverage endorsements on the haunted house and storage facility, if constructed. ARTICLE 18. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS: If the improvements on the Premises shall be damaged or rendered untenantable by fire or other casualty, Landlord shall;to the extent required in the underlying lease agreement between the Landlord and the City of Shakopee, and to the extent of funds available from insurance proceeds, repair or replace said improvements, and the same shall be completed within a reasonable time thereafter. However, it is further agreed that the rent herein required to be paid shall abate during said period in an amount proportionate to the decrease in the utility of the Premises to Tenant. ARTICLE 19. EMINENT DOMAIN: If the whole or any part of the demised Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain or by private purchase in lieu thereof, Tenant reserves unto itself the right to prosecute its claim for an award based upon injury caused to its leasehold interest by such taking, without impairing any rights of Landlord for the taking of or injury to the reversion. ARTICLE 20. ASSIGNMENT AND SUBLETTING: Tenant may not assign or sublet this Lease without the prior written consent of Landlord; provided, however, Tenant may, without the consent of Landlord, assign this Lease or its rights hereunder, or sublet all or any part of the demised Premises at any time, and from time to time, during the Term of this Lease without restriction, to an entity (entities) owned or controlled by Yale T. Dolginow and/or Brent D. Schlosser. Tenant agrees to furnish to Landlord written notice of such an -8- 18/12/94 12:38 Z 612 831 1693 J SMITH'R KORSH P. 15 eiNik assignment or sublease within thirty (30) days thereafter, together with the name and address of the assignee or sublessee. ARTICLE 21. REMEDIES OF LANDLORD: If Tenant shall fail to pay any installment of rent promptly on the day when • the same shall become due and payable hereunder and shall continue in such default for a period of five (5) business days after written notice thereof by Landlord or if Tenant shall fail to promptly keep and perform any other affirmative covenants of this Lease, strictly in accordance with the terms of this Lease, and shall continue in default for a period of thirty (30) days after written notice thereof by Landlord of default and demand of performance, then, and in any such event, and as often as any such event shall occur, Landlord may, in addition to any other remedies available at law, (a) declare the said term ended and enter into said Premises, or any part thereof, either with or without process of law and expel Tenant or any person occupying the same in or upon said Premises, using such force as may be necessary, and to repossess and enjoy said Premises as in Landlord's former estate; or b) relet the Premises, applying said rent from the new tenant of the demised Premises against the rent payable by Tenant hereunder, and Tenant shall be responsible for no more • • than the balance that may be due, should a balance exist. However, if any default shall occur, other than in the payment of money, which cannot with due diligence be cured within a period of thirty (30) days, and if Tenant prior to the expiration of thirty (30) days from and after the giving of the notice as aforesaid, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Landlord shall not have the right to declare the term ended by reason of such default. ARTICLE 22. LANDLORD'S ACCESS TO PREMISES Landlord shall have reasonable rights of access to the demised Premises for the purpose of inspecting the condition thereof from time to time throughout the term of this Lease and any renewals thereof. ARTICLE 23. SURRENDER OF PREMISES: Tenant shall, after the last day of the term or any extension thereof or upon any earlier termination of such term, surrender and yield up to Landlord the Premises in good order, condition and state of repair, reasonable wear and tear and the provisions of Article 18 hereof excepted. ARTICLE 24. COVENANT NOT TO COMPETE: Landlord agrees that, during the Term hereof and for three (3) years thereafter, it shall not, except with the written consent of Tenant first had and -9- 10/12/94 12:40 a 612 831 1693 J SMITH'R KORSH P. 16 obtained, directly or indirectly engage in or acquire any financial or beneficial interest in or grant a Lease to any person or entity to engage in a Halloween Theme Park. ARTICLE 25. SERVICE OF NOTICE: Every notice, approval, consent or other communication authorized or required by this Lease shall not be effective unless the same shall be in writing and personally delivered or sent postage prepaid by United States registered or certified mail, return receipt requested and (a) if intended for Landlord shall be addressed to: Murphy's Landing 2187 E. Hwy 101 Shakopee, MN 55379 ATTN: Executive Director and (b) if intended for Tenant shall be addressed to: Paper Warehouse, Inc. 7634 Golden Triangle Drive Tech 8 Center Eden Prairie, MN 55344 ATTN: Yale T. Dolginow or to such other address as either party may designate by notice given from time to time in accordanoe with this Article. Any notice given in accordance with the provisions of this Article shall be deemed to have been given two (2) days after the date such notice shall have been placed in the United States Postal Service. The rent payable by Tenant hereunder shall be paid to Landlord at the same place where a notice to Landlord is herein required to be directed. ARTICLE 26. SUCCESSORS AND ASSIGNS: The terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors or assigns and shall run with the land; and where more than one party shall be Landlord under this Lese, the word "Landlord", whenever used in this Lease, shall be deemed to include all landlords, Jointly and severally. ARTICLE 27. RECORDING: This Lease shall not be recorded. However, if either of the parties hereto desires to record a statutory memorandum of this Lease, Landlord and Tenant agree to execute and deliver to the other a Memorandum of this Lease containing only minimum statutory requirements, which Memorandum of Lease may then be recorded in the appropriate office of the County within which the demised Premises is located. -10- 1 10/12/94 12:41 a 612 831 1693 J SMITH/R KORSH P. 17 • ARTICLE 28. AMENDMENTS: No waivers, alternations or modifications of this Lease or any agreements in connection therewith shall be valid, unless in writing duly executed by both Landlord and Tenant herein. ARTICLE 29. INVALIDITY OF PROVISIONS: If any term, covenant, condition or provision of this Lease or the application thereof to any person or circumstance shall, at any time, or to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. • ARTICLE 30. CAPTIONS: The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such Articles of this Lease or in any way affect this Lease. ARTICLE 31. ENTIRE AGREEMENT: This Lease supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the demised Premises and contains all of the covenants, agreements,and other obligations between the said parties in respect to said Premises. ARTICLE 32. COUNTERPARTS: This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. ARTICLE 33. GOVERNING LAW: This Agreement shall be governed, enforced and construed under the laws of the State of Minnesota. -11- 1 10/12/94 12:42 a 612 831 1693 J SMITH'R KORSH P. 18 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. LANDLORD: TENANT: MURPHY'S LANDING PAPER WAREHOUSE, INC. By By Its Executive Director Its President • 811LNNL3S.PWI -12- • • 9/30/94:IV 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 termination or non-renewal prior to November 15, 2000. 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 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 OF SHAKOPEE MINNESOTA VALLEY RESTORATION PROJECT, INC. By: By: 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- RECGMUR4.PWI CONSENT /it TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant SUBJECT: Interfund Transfers DATE: October 13 , 1994 Introduction Request Council approval of equipment fund, and TIF fund transfers for 1994. Background Transfer from the Capital Equipment Fund to the General Fund for the purchase of the following items: Police Squad Streichers $55. 63 Civil Defense Siren Shakopee Public Equip. 1, 522 . 69 State of MN 703 .80 Computer Equipment Mainstream Cnsl Equip. 1,943 . 63 Fire Utility/Personnel Vehicle Custom Fire App 1,700. 00 Hazardous Material Suits Danko Emrgcy Equip. 5,861.87 Fire Hose Danko Emrgcy Equip. 4, 630.00 Planning Computer Equipment EMPAC Computer Equip. 4, 042 .74 Finance Computer Bridge OPM Info. System 2,251.52 LOGIS 1,750. 69 Shop Gas/Oil Storage Tanks Westside Equip. 18, 574. 04 Total $43 , 036. 61 Transfer from the TIF Fund to other funds as indicated below: 1. To provide for part of the second half of the the bond interest payment for 94 . 2 . To provide funding for the start up costs being expended for the Comunity Center. 3 . To provide funding for the Downtown Streetscape project. 4 . To provide funding for the Pelham Hotel parking lot improvements. From To 1. TIF Trust Fund 1992B TIF Ref. Debt Service 20, 000. 2 . TIF Trust Fund Community Center Capital Proj . 100, 000. 3 . TIF Trust Fund Downtown Streetscape 290, 000. 4. TIF Trust Fund Downtown (Hotel Parking Lot) 51,200. Action Requested Move to approve transfers as listed below: From To Capital Equip. Fund General Fund 43, 036. 61 TIF Trust Fund 1992B TIF Ref. Debt Service 20, 000. 00 TIF Trust Fund ' Community Center Capital Proj . 100,000.00 TIF Trust Fund Downtown Streetscape 290, 000.00 TIF Trust Fund Downtown (Hotel Parking Lot) 51,200. 00 11 CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 10/13/94. 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. The Assistant City Administrator will be preparing a budget amendment for these items. The General Government Building Division appears to be going over budget. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/14/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 3 2 0 11 MAYOR & COUNCIL 67,420 57 39,155 58 12 CITY ADMINISTRATOR 194,060 7,586 138,049 71 13 CITY CLERK 116,690 5,340 85,258 73 15 FINANCE 278,660 9,077 215,434 77 16 LEGAL COUNSEL • 185,970 5,661 119,421 64 17 PLANNING 408,130 12,638 286,915 70 18 GENERAL GOVERNMENT BUILDINGS 115,790 5,888 92,598 80 31 POLICE 1,389,520 49,441 1,044,951 75 32 FIRE 865,310 3,149 770,666 89 33 INSPECTION-BLDG-PLMBG-HTG 187,120 5,847 134,011 72 41 ENGINEERING 355,480 7,202 238,749 67 42 STREET MAINTENANCE 586,820 13,671 312,503 53 44 SHOP 185,050 4,077 159,680 86 46 PARK MAINTENANCE 307,270 11,729 247,889 81 61 POOL 150,300 5,805 142,729 95 64 RECREATION 208,880 6,717 150,407 72 91 UNALLOCATED 73,610 348 23,605 32 TOTAL GENERAL FUND 5,676,080 154,236 4,202,022 74 ___ ___ 17 PLANNING 360,860 948 236,584 66 TOTAL TRANSIT 360,860 948 236,584 66 12 CITY ADMINISTRATOR 64,870 1,335 123,530 190 TOTAL HRA 64,870 1,335 123,530 190 00 N/A 785,700 0 704,265 90 TOTAL CAPITAL EQUIP REVOLVING FUND 785,700 0 704,265 90 I C4 I% aaaaaa a a as as a a a a H H HHHHHH H H H H H H H H H H 1 d M a N 0 a w d' es U o. o% H N N M M e.1 M M M 0% 0 0 0 •4 N o r• r• rnnnr � 1` co - .-i co co .1 .-I .4 ..1 .i .1 .-1 .i e} eN CO CO di eN 0 0 0 0 0 0 0 0 •i .-4 .O .o N r •1 .0 .1 .0 H 0 0 0 0 0 0 0 0 0 0 .i .4 .I .i 0 •i 0 .i 0 0 0 0 0 0 0 0 0 0 N N ie1 u1 O N O N 4I% •1 0 N s! to e! .i M N O. .-i M Ill O .O Cl' .4 .i N O CO CO CO 0 CO 00 N N N N O M N 00 Ill 00 H .0 N 0 0 0 ' 0 0 .1 -I.4 . .a Cl' N .I •-1 M .-1 �7Z. 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O• CO H IH-1 N a O N `.)01 g I4 A caC 1 04 ii I-1 5 1.4 cn 0 U' H 0 U A A U H VI W III H V .-1 eN Ill .-I In In I• 00 O 0 O O O (s3 O .i .-I N N M M 1.1 .4 M d, dl Ili . 133 O •1 .-1 a V CP vii sr r n e- co co U N nk % % a! % % dA % ilt 44t % %It 'I! 1 I MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Senior Planner DATE: October 18, 1994 RE: 1995-1999 Capital Improvement Program (CIP) DISCUSSION: The Committee of the Whole (C.O.W.) directed staff to revise the CIP document with a 7 year street reconstruction schedule instead of a 5 year schedule. Staff has made this change in the attached documents. When the 7 year revision was created, staff attempted to balance the expenditures per year based on the debt level required since this seemed to be the primary issue. The average annual additional debt amount for all the street reconstructions over the full 7-year period is $450,714. For the five year CIP, staff has adjusted projects so that the average annual additional debt burden during 1995-1999 period is projected to be $449,000. The only other change in the CIP is that the timing of two State Aid projects was switched. A10 (4th Avenue) will be moved to 1995 and A6 (Vierling--Pres. to TH101) will be moved to 1996. This was done to coordinate the 4th Avenue project with the street projects on Sarazin and Roundhouse as well as the Prairie Bend development. At this time, it appears the development pressures along the Vierling Drive segment do not appear to be as great as for the Prairie Bend project. SPUC has been provided with this revised CIP to replace the earlier CIP documents that were sent to them for review last summer. ALTERNATIVES: 1. Approve the 1995-99 CIP. 2. Table this item and provide direction to staff. RECOMMENDATION: At its July 7, 1994 meeting, the Shakopee Planning Commission reviewed the 1995 - 1999 Capital Improvement Program and recommended its approval. Staff recommends the approval of the 1995-99 CIP. ACTION REQUESTED: Offer a motion to approve the 1995-99 Capital Improvements Program and move its approval. 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O z 0) so —I o m O rn CD 61 W W W Eft EA N 3 r g 01 O O O Cly O C7+ CA _i 0 o 0 0 0 0 o rn y N 0 0 0 0 0 0' i coo con p C V zzzzz0C co z z m 0w a cD to EA 40 'i CD N v+ c11 0 0 00 a 0 o O O su 3 EA EA to -a j O N O CAO CD CO O O O O co co CO Co VI 61 CAI O EA U' CO ((1 CO V O O O coEn N CO to O O co O O *A 4A *A - op N (D CA O co CO 0 eo p p p 0 N O O O 43 + O 0 w 1/ ! TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, _Finance Director RE: Item lli of 10/18/94 Council agenda DATE: October 18, 1994 The memo included in the packet had the recommendation and action left off of the bottom of the staff memo. Attached is a corrected report. It is my understanding that Rahr will have a representative at the meeting due to concerns over sanitary sewer rates. w • TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Utility Rates DATE: October 12 , 1994 Introduction This issue is brought to Council at this time because of the magnitude of the changes needed in the utility rates as a result of the expenditures projected in the CIP. Actual rate adoption will be by the annual fee resolution normally adopted in December. Background Sanitary Sewer The 1992 Metro average for residential accounts was $11. 53 per month, Shakopee was at $9. 10. The 1993 Metro average was estimated at $11.88 while Shakopee was at $9.80. For 1994 Shakopee is at $11. 10. There are an estimated 3,700 sanitary sewer accounts currently. The flat charge per month per account is $4. 00. This generates - (3,700 x $4 . 00 x 12 months =) $177, 600/yr. In the past, the flat charge was considered to support the fixed costs of the sewer fund (all costs except treatment charges) . Increasing the flat part of the rate impacts the residential (senior citizen): harder than the commercial accounts. One dollar per month increase equals $44, 400 per year. The flow charge is currently $1.42 per 1,000 gallons and was estimated to generate $1, 100,000 in 1994 . Increasing this part of the rate impacts commercial accounts harder (Rahr is 25% of the flow) . One cent equals $7,750 per year. One option mentioned is to increase sewer rates by 30% for 1995. 30% is estimated to be $381,770. If this is to be generated by the flow charge, it would be a rate increase of $0. 49 or 35% of the flow charge. The problems for the sewer fund are "non flow" financing and raising the flat rate to generate the needed funds would be a rate increase of $8. 60 per month. Attached is a chart showing sample accounts and rates. One option shows putting all of the increase on the flat part of the rate and another is to put the increase all on the flow part of the rate. There are ;infinite options between these two. A recap of rates of surrounding cities is: Flat Rate Flow Rate Shakopee $4 . 00 $1.42 Prior Lake $0. 00 $2 . 30 Chaska $0. 00 $2 . 22 Savage $4 . 40 $1.75 Storm Drainage Staff is not aware of any comprehensive survey of metro storm drainage rates. The few cities that staff has knowledge of have rates in the $2 . 00 to $3 .00 per month range for a residence. Shakopee is at $1. 15 per month. The current city wide fee is estimated to generate $278, 000. Attached is a chart showing sample accounts and rates. Alternatives Sanitary Sewer Rates 1. Status Quo. 2. A. Increase flat rate to $6. 00 per month. B. Increase flat rate to $12. 60 per month. C. Increase flat rate to some other amount. 3. A. Increase flow rate to $1.79 per 1, 000 gallons. B. Increase flow rate to $1.91 per 1, 000 gallons. C. Increase flow rate to some other amount. Storm Drainage Rates 1. Keep city wide fee unchanged. Current rate is $10.32 which equals an annual residential bill of $13 .76/yr. 2 . Raise city wide fee 45% to residential bill of $5. 00 per quarter. 3. Raise city wide fee 75% to residential bill of $6.00 per quarter. Recommendation All of the above scenarios leave both funds with a lower than recommended cash position after 5 years. The recommendation from the city auditor's is to have a cash position which is at least as much cash on hand as accumulated depreciation to provide for replacement. While the storm fund has large percentage increases shown, the dollar amounts are relatively small and the start of the new billing process (SPUC billing) will coincide with the rate increase. - Many accounts will have significant dollar increases for sanitary sewer. An increase in the flat rate portion of the sewer rate will impact the majority of residential accounts more than increases in the flow part of the rate. Conversely, increases in the flow part of the rate will affect commercial account more than the flat part of the rate. Action Requested Discuss and give staff direction on the size of utility rate increases to include in the 1995 fee resolution. r_ , Current Flat=12.60 Flat=8.00 Flat=6.00 Flat=4.00 MONTHLY RATES FOR: Rate Flow=1.42 Flow=1.87 Flow=1.79 Flow=1.91 Residential @ 2,000 gal. 6.84 15.44 11.74 9.58 7.82 Residential @ 5,000 gal. (average) 11.10 19.70 17.35 14.95 13.55 Residential @ 10,000 gal. 18.20 26.80 26.70 23.90 23.10 Medium Acct. @ 123,500 gal. 179.37 187.97 238.95 227.07 239.89 Large Acct. @ 21,300,000 gal. 30,250.00 30,258.60 39,839.00 38,133.00 40,687.00 TOTAL REVENUE 1,272,570 1,654,300 1,654,300 1,654,300 1,654,300 Assume 3,700 sewer accounts and yearly billable flow of 771,105,000 gal. Current Rate: Flat=4. Flow=1.42 STORM DRAINAGE Current QUARTERLY RATES FOR: Rate 45% inc. 75% inc. j Residential Acct. 3.44 5.00 6.00 Medium Acct. 63.47 92.03 111.07 1Large Acct. 4,897.36 7,101.17 8,570.38 TOTAL REVENUE 308,000 446,600 539,000 Sanitary Sewer Rate Comparison (Surrounding Communities) Shakopee: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $4.00 $1.42 $11.10 Shakopee with 30% increase: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $4.00 $1.85 $13.25 Prior Lake: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $0.00 $2.30 $11.50 Chaska: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $0.00 $2.22 $11.10 Savage(residential): Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $2.80 (MWCC) +$1.60 $1.25 (MWCC)+$.50 (City) $13.15 (City) Savage(commercial): Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $6.10 (MWCC)+ $3.50 $1.25 (MWCC)+$.50 (City) Not applicable (City) (Assumes monthly SF water usage of 5,000 gallons) w / /A TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Utility Rates DATE: October 12 , 1994 Introduction This issue is brought to Council at this time because of the magnitude of the changes needed in the utility rates as a result of the expenditures projected in the CIP. Actual rate adoption will be by the annual fee resolution normally adopted in December. Background Sanitary Sewer The 1992 Metro average for residential accounts was $11. 53 per month, Shakopee was at $9. 10. The 1993 Metro average was estimated at $11.88 while Shakopee was at $9.80. For 1994 Shakopee is at $11. 10. There are an estimated 3,700 sanitary sewer accounts currently. The flat charge per month per account is $4 .00. This generates - (3,700 x $4 .00 x 12 months =) $177, 600/yr. In the past, the flat charge was considered to support the fixed costs of the sewer fund (all costs except treatment charges) . Increasing the flat part of the rate impacts the residential (senior citizen) harder than the commercial accounts. One dollar per month increase equals $44,400 per year. The flow charge is currently $1.42 per 1, 000 gallons and was estimated to generate $1, 100,000 in 1994. Increasing this part of the rate impacts commercial accounts harder (Rahr is 25% of the flow) . One cent equals $7,750 per year. One option mentioned is to increase sewer rates by 30% for 1995. 30% is estimated to be $381,770. If this is to be generated by the flow charge, it would be a rate increase of $0.49 or 35% of the flow charge. The problems for the sewer fund are "non flow" financing and raising the flat rate to generate the needed funds would be a rate increase of $8. 60 per month. Attached is a chart showing sample accounts -and -rates. Storm Drainage Staff is not aware of any comprehensive survey of metro storm drainage rates. The few cities that staff has knowledge of have rates in the $2 .00 to $3 .00 per month range for a residence. Shakopee is at $1. 15 per month. The current city wide fee is estimated to generate $278, 000. of - Attached is a chart showing sample accounts and rates. Alternatives Sanitary Sewer Rates 1. Status Quo. 2 . A. Increase flat rate to $6. 00 per month. B. Increase flat rate to $8. 60 per month. C. Increase flat rate to some other amount. 3. A. Increase flow rate to $1.79 per 1, 000 gallons. B. Increase flow rate to $1.91 per 1,000 gallons. C. Increase flow rate to some other amount. Storm Drainage Rates 1. Keep city wide fee unchanged. Current rate is $10.32 which equals an annual residential bill of $13 .76/yr. 2 . Raise city wide fee 45% to residential bill of $5.00 per quarter. 3 . Raise city wide fee 1, Current Flat=12.60 Flat=8.00 Flat=6.00 Flat=4.00 MONTHLY RATES FOR: Rate Flow=1.42 Flow=1.87 Flow=1.79 Flow=1.91 Residential @ 2,000 gal. 6.84 15.44 11.74 9.58 7.82 Residential @ 5,000 gal. (average) 11.10 19.70 17.35 14.95 13.55 Residential @ 10,000 gal. 18.20 26.80 26.70 23.90 23.10 Medium Acct. @ 123,500 gal. 179.37 187.97 238.95 227.07 239.89 Large Acct. @ 21,300,000 gal. 30,250.00 30,258.60 39,839.00 38,133.00 40,687.00 TOTAL REVENUE 1,272,570 1,654,300 1,654,300 1,654,300 1,654,300 Assume 3,700 sewer accounts and yearly billable flow of 771,105,000 gal. Current Rate: Flat=4. Flow=1.42 STORM DRAINAGE Current QUARTERLY RATES FOR: Rate 45% inc. 75% inc. Residential Acct. 3.44 5.00 6.00 Medium Acct. 63.47 92.03 111.07 Large Acct. 4,897.36 7,101.17 8,570.38 TOTAL REVENUE 308,000 446,600 539,000 Sanitary Sewer Rate Comparison (Surrounding Communities) Shakopee: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $4.00 $1.42 $11.10 Shakopee with 30% increase: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $4.00 $1.85 $13.25 Prior Lake: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $0.00 $2.30 $11.50 Chaska: Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $0.00 $2.22 $11.10 Savage(residential): Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $2.80 (MWCC)+ $1.60 $1.25 (MWCC)+ $.50 (City) $13.15 (City) Savage(commercial): Monthly Base Charge Cost per 1,000 gallons Estimated SF Monthly $6.10 (MWCC)+ $3.50 $1.25 (MWCC)+ $.50 (City) Not applicable (City) (Assumes monthly SF water usage of 5,000 gallons) CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: MWCC Request for Consent to Easements DATE: October 13, 1994 INTRODUCTION AND BACKGROUND: The Metropolitan Council/Wastewater Services (formerly known as MWCC (Metropolitan Waste Control Commission) is negotiating for easement rights on properties on which the City already owns easements. They are requesting the City to consent to these easements. The City Attorney has reviewed the Consent documents, as corrected, and has approved them. The Engineering Department has compared the City's easements with the easement rights being negotiated by MCWS and has recommended approval of the request. ALTERNATIVES: 1. Approve request 2 . Deny request 3 . Request additional information RECOMMENDED ACTION: Authorize the proper City officials to sign the Consent of Drainage and Utility Easement Holder To Sanitary Sewer Easements for the Shakopee/Chaska Interceptor MWCC Project Number 920601, for Parcel Numbers 29 and 31. Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 A Service of the Metropolitan Council August 26, 1994 Ms . Judith S. Cox, City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 RE : Shakopee/Chaska Interceptor MCWS Project Number 920601 MCWS Parcels Number 29 and 31 Dear Ms . Cox: Enclosed for your review and recommendation to the City of Shakopee' s City Council are two copies each of Consent documents with regard to the above referenced parcels and project . The Metropolitan Council/Wastewater Services (MCWS) (previously known as the Metropolitan Waste Control Commission) , is currently negotiating for easement rights on properties on which the City of Shakopee owns easements . I am also enclosing a survey sketch of the proposed permanent and temporary easements being negotiated for each parcel for your use in your review. Thank you for your attention to this matter and if you have any questions, please call me at 229-2147 . Sin y, la It e. .010,tson Real Es .-c Specialist Enclosures CLJ: Equal Opportunity/Affirmative Action Employer J iia Parcel No. 29 CONSENT OF UTILITY EASEMENT HOLDER TO SANITARY SEWER EASEMENTS KNOW ALL MEN BY THESE PRESENTS that the undersigned being the holder and owner of an easement dated September 11, 1992, and recorded September 16, 1992, as Document No. 59373 in the office of the Registrar of Titles in and for Scott County, Minnesota, covering the premises lying and being in Scott County, Minnesota, and described as Tract G, Registered Land Survey No. 134, Scott County, Minnesota, in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the execution and delivery of that certain easement between the owner of said property and the Metropolitan Council, a public corporation and political subdivision of the state, to wit : (see Exhibit A, attached hereto and made a part hereof) IN WITNESS WHEREOF, the undersigned has caused this agreement to be duly executed this day of 19 CITY OF SHAKOPEE A MINNESOTA MUNICIPAL CORPORATION By Its By Its STATE OF ss COUNTY OF On the day of , 19 , before me a notary public within and for said County, personally appeared respectively, named in the foregoing instrument, and that said instrument was signed on behalf of said City of Shakopee, A Minnesota Municipal Corporation, by authority of its City Council and said City Council acknowledged said instrument to be the free act and deed of said Municipal Corporation. Notary Public DRAFTED BY: Jeanne K. Matross, Attorney License No. 68615 Metropolitan Council/Wastewater Services 230 East Fifth Street, Mears Park Centre St . Paul, Minnesota 55101 (612) 229-2108 re jJ • ' J 12TH AVEENUE TRACT E > —20' TEMPORARY EASEMENT l 30' TEMPORARY 40' TEMPORARY .! 30' TEMPORARY EASEMENT • EASEMENT 60' LE..(PAR 74) 1 EASEMENT T RLS 134 — 1 - 1025 2s' - • I 1 1 `' 54'.os r- 170' '-•126.31' PARCEL 74 ,,,,2� —20' PERMANENT t EASEMENT NORTHERLY R/W UNE MN/DOT PLAT NO. —12 J a ��lIGV� POINT OF BEGINNING T.H. 101 • . \ 7- 7.E..--c.- j ,o EAMENT == =,__�� , I i a I e (PARCEL NO. 29` \ J • -- Parcel No. 31 CONSENT OF DRAINAGE AND UTILITY EASEMENT HOLDER TO SANITARY SEWER EASEMENTS KNOW ALL MEN BY THESE PRESENTS that the undersigned being the holder and owner of an easement dated August 31, 1982, and recorded December 23, 1985, as Document No. 33044, in the office of the Registrar of Titles in and for Scott County, Minnesota, covering the premises lying and being in Scott County, Minnesota, and described as Tract I, Registered Land Survey No. 134, Scott County, Minnesota, in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the execution and delivery of that certain easement between the owner of said property and the Metropolitan Council, a public corporation and political subdivision of the state, to wit : (see Exhibit A, attached hereto and made a part hereof) IN WITNESS WHEREOF, the undersigned has caused this agreement to be duly executed this day of , 19_ CITY OF SHAKOPEE,. A MINNESOTA MUNICIPAL CORPORATION By Its By Its STATE OF ss COUNTY OF On the day of , 19 , before me a notary public within and for said County, personally appeared respectively, named in the foregoing instrument, and that said instrument was signed on behalf of said City of Shakopee, A Minnesota Municipal Corporation, by authority of its City Council and said City Council acknowledged said instrument to be the free act and deed of said Municipal Corporation. Notary Public DRAFTED BY: Jeanne K. Matross, Attorney License No. 68615 Metropolitan Council/Wastewater Services 230 East Fifth Street, Mears Park Centre St . Paul, Minnesota 55101 (612) 229-2108 <,3N R j0 10111 � RLS 134 V� w 1 1� I 7 TRACT I • Q, co POINT OF BEGINNING o' EXISTING T.E. N I N 35' TEMPORARY 20' EXIST] T.E. ____ _ rEASEMENT 169.991 400.50' -_ — —'7.---.E. PAR 4min 915.93' 75' , ill PARCEL 74 PERMANENT EASEMENT 169.99' -NORTHERLY R/W LINE 1 MN/DOT PLAT NO. 70-13 T.H. 101 55' EXIST.' PERM. DRAINAGE EASEMENT 1 SPRING LAKE WATERSHED DIST. ---I DRAINAGE & UTILITY EASEMENT 10' MWCC EASEMENT TRACT J 50' MINNEGASCO EASEMENT I PERMANENT 2 1 DRAINAGE EASEMENT I SPRING LAKE WATERSHED DIST. DRAINAGE & UTILITY EASEMENT N I) 200 0 200 . o . 1 1 r100 . „„ PARCEL NO. 31 -11- CONSENT l lK MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Sanitary Sewer Service Agreement Canterbury Park 3rd Addition DATE: October 13, 1994 INTRODUCTION: The City has received a request from Jon Albinson, Valley Green Business Park, to release a sanitary sewer service agreement dated August 19, 1986. BACKGROUND: In 1986 Scottland Companies requested the City to allow them to connect to the City sanitary sewer in CR-83. The sanitary sewer did not run in front of the subject property but terminated at the northwest corner of the property. This was during the construction of the shopping center located on CR-83 north of 12th Avenue. Because the City was unsure at that time where the sanitary sewer would be built to serve this area, the City wanted assurance that a future sewer installation in this area could be assessed. The request was granted with the stipulation that Scottland Companies sign a waiver agreeing not to contest special assessments for any future sanitary sewer installation that would go by the subject property. The property was subsequently platted into Canterbury Park 3rd Addition. The shopping center is located on Lot 1 and Lot 2 is not yet developed. In 1992 the 12th Avenue project was constructed which included sanitary sewer and water. Lot 2 was assessed for its benefit for this improvement. Lot 1 was not assessed because it received service from the CR-83 sewer line. Mr. Nummer, Staff Engineer, has reviewed this request. He has advised that he is unaware of the need for any additional sewer installations in the neighborhood of Canterbury Park 3rd Addition. Based on the information available, it appears that there is no reason not to release Canterbury Park 3rd Addition from the agreement dated August 19, 1986. ALTERNATIVES: 1. Authorize release of agreement 2. Do not authorize release of agreement 3. Table request for additional information RECOMMENDED ACTION: Authorize the proper City officials to release the agreement between the City and Scottland, Inc. dated August 19, 1986 recorded with the County Recorder as Document No. 35276. • ()Vall eOrcon September 13, 1994 BUSINESS PARK Ms. Judy Cox CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN 55379 Re: Release of Sewer Service Agreement Dear Judy: Enclosed is a copy of Document No. 35276, dated August 19, 1986 and filed August 22, 1986. This document represents an agreement on land now legally described as Lots 1 and 2, Block 1, Canterbury Park 3rd Addition (the Canterbury Square Shopping Center development). This document sets out the responsibility on the part of the "developer" to provide sewer service for this parcel of land, at some future date. In 1992, the City undertook improvement project #1992-4 which installed sewer and watermain, with'associated services, along 12th Avenue to County Road 83. Services for these utilities were provided for the benefit of Lot 2, Block 1 Canterbury Park 3rd. The existing sewer service installed for the shopping center (Lot 1,Block 1) was permitted under the arrangement of this agreement. No additional requirements for service on 12th Avenue are necessary. Based on our reading of this agreement, it appears appropriate for the City to now issue a release of this agreement. The release should include both Lots 1 and 2, Block 1 Canterbury Park 3rd Addition. If you believe our interpretation is incorrect, please let us now. Otherwise, we will assume this item will have Council action within the near future. Thank you for your help in this matter. Respectfully, VALLEY GREEN BUSINESS PARK L--H• )16n R. Albinson Project Director JRA:jmcm-38.3 Enclosure 5240 Valley Industrial Boulevard South •Shakopee, Minnesota 55379• Telephone: (612) 445-9286• Facsimile: (612)445-9372 • • til AGREEMENT i I. = < . WHEREAS, Scottland, Inc., a corporation authorized to do business in the State of Minnesota, plans to install a sanitary sewer service to the property described in the attached Exhibit "A" which is incorporated herein and made a part hereof. It is also the intention of the said developer to install the said sanitary t ' sewer at its own cost and according to plans approved by and on file with the City E: Engineer of the City of.Shakopee, and WHEREAS, at some future date if the City would determine to install ■unicipal # ' sewer service that would service the area described in Exhibit "A', the area would it normilly be subject to assessment for its proportionate part of the cost of said { municipal sanitary sewer, but if then served with a sanitary sever could feasibly -_. object to an assessment,and WHEREAS, The said developer wishes for itself, its successors and assigns,to Zai _' / _— r ' . waive any and all objections to any assessment for sanitary sewer levied by the 's. City of Shakopee at some future date. THEREFORE. THIS Agreement made and entered into as of the date hereinafter ', writtea,by and between the said developer, Scottland Inc.. and the City of Shakopee . as follows: The City of Shakopee hereby authorises the said developer to install at its own costs and according to plans approved by the City and on file with the City :. Engineer certain sanitary sewer service to the property described in the attached e _ Exhibit "A" and to connect the same with the Shakopee municipal sewage system, and . IT IS FORMER AGREED ET AND BETWEEN THE PARTIES HERETO. That in consideration • of the permission bertofore granted,the said developer does berebx.for itself, its v successors and assign; forever waive and raises.unto the City of Shakopee any and It - ' r�.e:•. all objections to any assessments for sanitary sewer levied by the City against the *', " ��:. _. _. - 1 s • . 'i property described in Exhibit "A" and this waiver includes, without limitation, objections to procedures and bearings before the City Council in connection with the assessment for future sanitary sewer improvements to the property described in the attached Exhibit "A", objections resulting from the failure to fully comply with any applicable statute and objections to the amount of any assessment for sanitary sewers hereafter levied against the property described in Exhibit "A" resulting or due from or to any improvements hereinbefore described. IT IS FURTHER M,:REED BY AND BETWEEN THE PARTIES HERETO, That the said developer. for itself, its successors and asslgns,doer further waive and surrender any right to ,d appeal from any such procedure pursuant to the applicable Minnesota Statutes. 8. IN TESTIMONY WHEREOF. This Agreement is entered into as of thia %q day of August. 1986, by and between the City of Shakopee and Scottland. Inc. and the signatures affixed hereto were respectively authorized by the Shakopee City Council and the Board of Directors of Scottland. Inc. CITY By • Drafted by: Julius Coller Mayor /4(4 211 West 1st Shakopee. Mn 55379 By %,, � • t Clerk • ' SCOTTLAND. WITNESSES: Authorized signature rt-5 erica e�4x1tJ J(C Pa.,/ welt And t he • ,�;.. CANTERBURY PARK THIRD ADDITION • -,S;1 1 cciil I .%•• EXCEPT/ON ' ' N88'49'38"E 494.001. 33 lg.I' 50.00 r•� -••s/3A•- 330.00 �� . 114.00 ' I I -------. ------ -------� ---- -- I o ?---1--1 I I i , I —, we /AAT I ms I I •I a�OAC.No.ems `--- - l -- Nr Dec.Na40651 I -rrlt I I S_—33 I I �� o I I W 'I 1 / o I : I I w I In !... o 041 1 N I .z:N 'I I I :N I I 360.00 I I .l I i I I '' 1 i I I - - - --- - - ----1 I I '1 3II---- I I aA. 330.00 I ' ' ' j Nse•49 36"E I I 1 3� - I I--------------------------� I =W NAI Q I I Z N - E=., Q I '� Mo a a' I a I I I'' I I I c, oat (.) 2 % I a I O 1 f, 1 sr 1 0 2 ow r—,7 I --33t. _ % NBB•493B E it,4.04. ---. I '� .�'\ /50.00 ic4 i �I I S4 Y76.• ---I. I i -...- O'47 a 1 I C S3.Bq it ; R.4,o6———T—J I W 2 I a e:lr-39o5" �, I 1 /2 rh 8076 ; .5.5,-oosdY 4 33 1 i 20000 9958 I 00 c N88'49'38"E i 4 /230'__ X005"y, 9960 44.0/ —. -- 4•12 1 4 I 1 The€of 12th AVE.per Doc No. 29522. `45.065 S89'00'50"W A► . /5,5— CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Vierling Drive, C.R. 79 to C.R. 77 DATE: October 10, 1994 INTRODUCTION: Attached is Resolution No. 4104, a resolution declaring adequacy of petition and ordering preparation of a report for Vierling Drive, between County Road (C.R.) 79 and C.R. 77. BACKGROUND: Staff has received a petition from Gold Nugget Development for constructing Vierling Drive, from C.R. 79 to C.R. 77. Staff has reviewed the petition and has determined that Gold Nugget Development represents more than the required 35% of affected property owners. This section of Vierling Drive is included in the 1995 - 2001 Capital Improvement Program(CIP) for construction in 1995. The City plans to utilize State Aid Funds to construct this project. ALTERNATIVE: 1. Accept the petition and adopt Resolution No. 4104. 2. Deny the petition. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4104, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Vierling Drive, Between County Road 79 and County Road 77 and move its adoption. DMN/pmp MEM4104 RESOLUTION NO. 4104 A Resolution Declaring Adequacy of Petition And Ordering The Preparation Of A Report For Vierling Drive, Between County Road 79 and County Road 77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of Vierling Drive, between County Road 79 and County Road 77 by pavement, curb & gutter and utilities, filed with the Council on October 18, 1994, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Date r 7/ 7 We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee, for the following public improvements: 0 e.;12./.....',4)? p P ,. o C on Street/Avenue, between Cott. 7 7 Street/Avenue and CO JPO, 7 7 Street/Avenue, and request that the same be made during the year 7 S In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improvements has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LEGAL DESCRIPTION I, hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. Circu ator 1 r. Approved this 0221 day of a /, 1994. City Attorney I ,. ,r 1swi.' Ala 1 !I i , .i li ,.: 0 f I •'',..!,• r r d n � ,� o z1' ; : y +,�+ '. O < c O "1 ti• Al sLll,+r C A A A Okf�'YR. I ' +y+ f Fp i..• ? O -, O .+y 7 n N a a.+ a rt � y' � is i hr �• "t�4�, � �, C JA O 3,O I-. f-0 0° r-. DN7 , '< D II 'tri rig'{. y 7 VI A n -. 3 3 IAA C 5 5 o c a 5 a w 0 or 1'..•1 +I � �l � 1 4 • O A a O g ? C g .•�A A C A 0 rt —h r i!it'1 111-t v.',h�'. T� I, -1 G7 0c 7 5.-,y m D a o •P 0; D ^.O a D 0.0•0 0 da Y,, 'r.i I,i4. 7a rt rta OO ^ ° N C rn en - .0 O OyAA = i0 ^ W o�.."D • N^ A O ] ,7,•2 f„1-C e.N3 O NC N (1. g ton- ONVa n.? a O _. 0OiD ° O •v ° < ° '< 5 nn -4 m o c3 vi < 3c'D y A A (/)O InE) 0a- < ,p > n .O ] ?.^ -w _ A En jaC 0 3 m rt A O 0 j — m30 CO, m 00 3 ., O i!s. aN 'A y A m . 3: o O V1. I o o a1AO O na O Oa .Ivm 4. uA+ N.. 3 o i oo c N In —no � 'Vn.«� � >>' F -S4- •'S . n N !... r' u) 00 A A a n n� A p `$ Z O r. 0 rt 3O. ° O , ^ •OO to�pO O .. a . O ONaAy yyKA 'AANZJ ''• O 7 930 6.O a A ?..Cp°O rn Cotr•. n 94 0 : ° NN ° O m V S rt Zry 0 JOO7I/ .« . ZCy N OnffrtA �,. ° � QOq Aa�pA - 3 O C As<-a yp3iO ° 7 ; Oo a = no A A .+ 2 �A orioo '. AAp ° o0 0n C ^ =0. v•' orn ? `` 0 - 0° 0 <0 7 . 70 • 0 0 -0 to O ? 6 .O uI ^ A at In .y n Q O., a(0 a ° n g y ^ o °` - o o ?oCj } -' O 7y .0af ..m r -4O�' O .A 7 0 7 0o y3 to A °-. ga , aZA -I 0 0 0Q IJ o. 9. .p n^ 0.� yO ND gOyj a c3 -,,U _ V..> ..« a• yw . m 1.4 _ss ay D 0.U A 70 T A▪on O 0= 0 • A A -• A o j- 0 �< A O A 0 7 A �., 7 too =t ' ° m a l0'A N o r - -. 0 3 Z O� WOO`< °..O of pO C 7^ O V 3 O 01 j n.0A 0 O'... C ?A 0 • m a 3 o �.A A as J 0 N 0 O. O n to 'O y A �'m N 3'a - .. -. J O� • O y m N V 0 90 A O .-. J 0.O o co O A IA O N u ODEA �c 3-.. A m a7^ a0 _ in A O p ? • 40 n A ° .Ay. W A L.IN C O R U O • i� 0 07 O Ote/ LA...I 3 f rt 3 .. A c O7 ° A —? C At OO _. . .n. A A ° i0 '0 A 7 oA nAN - . Aa,7.:O0a 00 ° .. r►to 414 < A A rt^ Ay A .O.o ?.. Ina a y OA rta0 y0 3 0 AO. n'0 O -. O IOa aO .A a > 0.o .O.O 0 N 0 0 t+ = Cl. jC A 7 0A 41 p N AaA nr ? 3jrtmO3 ?O0 • E ••5.Oc rt ° °O ,, A , NA a 'O_ ^ N.O Va A r fi aC 0 '2 ; y j C An OOWO -., ` O < 7' OCw JyA AAA . , Dy yu • A n N vtU •j C 4y ? C E 0 o. N .Z Q rt > Nn 'a • O v?0 ^ h. ON 3 -_w 0 A Z An 3 O 3A<, A NUI a A 7 n 0a 7 ... •A o NA.. InAn ° r'A 3A0 •-••• °' : 30 0rt C 0 m n : O _ `c -•v • O "rt a9A xi C .0 v. in0 m A 0 7 0.0 Z ° yVA • to •.J n O .0 =` A C ) 21D CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Premises Permit - Mn. Multiple Sclerosis Society DATE: October 14, 1994 INTRODUCTION: The Minnesota Multiple Sclerosis Society desires to obtain a premises permit at the Rock Spring Restaurant. BACKGROUND: The MS Society is applying to the State Gambling Control Commission for a premises permit to sell pull-tabs at the Rock Spring Restaurant. They have submitted a letter indicating the possible uses for their proceeds from the Shakopee location. These expenditures would fulfill the City Code requirement. The City Code requires that each licensed organization spend 75% of its expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. There is currently a premises permit issued to the American Legion Post at this location. As has been past practice, the resolution approving the permit for the MS Society provides that the Council's approval is conditioned upon the termination or surrender of the existing license. (I have not yet received a notice from the State that the American Legion has terminated their gambling activities. ) ALTERNATIVES: 1. Approve premises permit 2. Deny premises permit RECOMMENDED ACTION: Offer Resolution No. 4107, A Resolution Approving Premises Permit For The Minnesota Multiple Sclerosis Society, and move its adoption. ��LTIPLE- MINNESOTA MULTIPLE SCLEROSIS SOCIETY 2344 Nicollet Avenue Suite 280 Minneapolis,Minnesota 55404-3381 ` 612-870-1500 or 1-800-582-5296 (both Voice&TDD) FAX:612-870-0265 CLERO51' October 4 , 1994 Judith Cox City Clerk 129 Holmes Street S Shakopee, MN 55379 Dear Ms. Cox: • We have reviewed the Shakopee City Ordinance and understand the 75% spending requirement. We feel our mission is broad enough to allow us to undertake a variety of projects that will benefit residents in your community. In 1989, the Minnesota Multiple Sclerosis Society expanded its Mission Statement to read as follows : The purpose of the Minnesota Multiple Sclerosis Society is to provide programs and services which enhance the quality of life for persons who have MS, to fund research to find the cause of and cure for multiple sclerosis, and to advocate accessibility for all persons. Our constituency, Minnesotans with multiple sclerosis, has helped us understand that by broadening the base of our support we can better enhance the lives of Minnesotans with multiple sclerosis. Therefore, through programs that advocate the rights and accessibility of all Minnesotans with physical disabilities, the rights of all Minnesotans will be better served. Following is a list of ideas that would meet the MS Society' s mission and benefit the residents of Shakopee and surrounding communities per your ordinance. a. Automatic Door Openers b. Curb Cuts c. Handicap Parking Signs d. Making public buildings handicap accessible We welcome and will consider any other suggestions that you may have that fulfill our mission statement. Sincerely, . 4.e-126, )(1,,v.isu C Lee Hoffman Kelly Iankers CITY OF SHA(OPEE Gambling Manager Area Manager D OCT 5 1994 LHDK/rh Remember us in your will. - t CEI V t RESOLUTION NO. 4107 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR THE MINNESOTA MULTIPLE SCLEROSIS SOCIETY WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, the Minnesota Multiple Sclerosis Society is seeking a Premises Permit at the Rock Spring Restaurant, 1561 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Minnesota Multiple Sclerosis Society, 1561 East 1st Avenue, Shakopee, Minnesota, be approved conditioned upon the surrender or the termination of the existing Premises Permit to the American Legion Post 2. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of October, 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT 1 1 c TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Calling Bonds For Payment DATE: October 7, 1994 Introduction Due to lower interest rates and the amount of money on hand in the 1988A Improvement Debt Service Fund, Council has directed staff to proceed with calling the bonds for prepayment. Background Some of the bonds issued by the city are at relatively high interest rates compared to reinvestment rates. Also, this debt service fund has sufficient funds on hand to to pay off the related bonds. Therefore, it is recommended that the following bonds all be paid on February 1, 1995. Issue Cash Bonds 1988A GO Improvment $1,033,000 $545, 000 The cash position of bond funds will improve by year end due to additional interest earnings being posted and second half tax collection settlements. There are no other improvement bond issues callable at this time. Alternatives 1. Approve resolution as drafted. 2. Approve resolution as amended. 3. Do not approve resolution. Recommendation Alternative number 1. Action Requested Offer Resolution No. 4103 A Resolution Calling 1988A GO Improvement Bonds For Redemption and move its adoption. memo:bondcall Resolution No. 4103 A Resolution Calling 1988A GO Improvement Bonds For Redemption Whereas, due to the high interest rates and having sufficient funds on hand it is desired to pay off certain bond issues, NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Shakopee, Minnesota, that the 1996 and later maturities of the 1988A General Obligation Improvement Bonds are hereby called for redemption on February 1, 1995. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney CONSENTcl MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Milwaukee Manor 1st Addition - Accepting Public Improvements and Reducing Escrow and Payment Agreement DATE: October 14, 1994 INTRODUCTION: Mr. Leroy Menke has asked that his escrow and payment agreement for Milwaukee Manor 1st Addition be reduced further than it has already. BACKGROUND: When Mr. Menke platted Milwaukee Manor 1st 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. (Because he had already installed the utilities when he filed the plat and provided the required maintenance bond, the escrow amount was only to cover the street construction. The street construction was completed, inspected and accepted by the City in June, 1994. The sidewalk along the East side of Dakota has not been installed, Mr. Menke would like to delay installation until the area has been developed. Of the original $95,000 put in escrow, all but approximately $16,000 has already been reduced. Before it can be reduced further, the City must receive a maintenance bond for the street construction. Mr. Menke has been advised and will be doing so. Once the City has received the maintenance bond, the escrow amount may be reduced to 125% of the estimate for the sidewalk. This will be retained until the sidewalk is completed. The Escrow and Payment Agreement requires the City to accept the public improvements before the Escrow Agent can release any additional funds. The attached resolution accepts the public improvements and authorizes the release of the escrow and payment agreement. ALTERNATIVES: 1] Accept the public improvements for Milwaukee Manor 1st Addition 2] Do not accept the public improvements 3] Table the request RECOMMENDED ACTION: Offer Resolution No. 4108, A Resolution Accepting Public Improvements for Milwaukee Manor 1st Addition, and move its adoption. P&EAGRMIL.MAN RESOLUTION NO. 4108 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR MILWAUKEE MANOR 1ST ADDITION WHEREAS, on February 16, 1993, City Council adopted Resolution No. 3742, approving the final plat of Milwaukee Manor 1st Addition; and, WHEREAS, on June 10, 1993, the Developer of Milwaukee Manor 1st Addition and the City of Shakopee entered into a Developer's Agreement insuring the developer's construction of required public improvements; and WHEREAS, on August 5, 1993, the Developer of Milwaukee Manor 1st Addition, 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, except for the sidewalk along the East side of Dakota Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the public improvements for Milwaukee Manor 1st Addition are hereby accepted, except for the sidewalk improvements. 2. That the escrow and payment account may be reduced to only cover 125% of the cost to construct the sidewalk, upon receipt of the required maintenance bond. 3. That the City Clerk is hereby authorized and directed to release the said Escrow and Payment Agreement on file with the Scott County Recorder, upon completion of the sidewalk construction. 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 13 a , MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Committee of Whole Meeting Topic Scott County Planning Processes DATE: October 14, 1994 INTRODUCTION: Staff is seeking direction from the City Council on setting a joint meeting in the Committee of the Whole format for the City, Scott County, and Jackson Township. A copy of the City meeting calendar has been attached with this memo. BACKGROUND: As the growth projections indicated in the Comprehensive Sewer Plan, it is likely that within the next 20 years, some additional land from Jackson Township will be annexed into the City. The annexation process for the land in Jackson Township north of the by-pass is nearing completion (November 9th) . This annexation is the result of the successful negotiations for an orderly annexation between the City and Jackson Township. Scott County hired the planning consulting firm Dahlgren, Shardlow and Uban, Inc. (DSU) to prepare their comprehensive plan update. Mr. John Shardlow of DSU has requested an opportunity to present efforts taken to date on the County' s planning process to the Planning Commission and the City Council . Staff has scheduled a presentation by Mr. Shardlow with the Shakopee Planning Commission on October 20th. This presentation is intended to assist the Planning Commission in their efforts on the 1994 Comprehensive Plan update. DISCUSSION: A joint (City, Township, and County) meeting would be intended to provide an opportunity for the furthering of communication between these three levels of government on their planning efforts to guide future growth. The land use planning relationship between Scott County and Jackson Township for the potential annexation areas is not clear at this time. A presentation on the Scott County planning process by Mr. Shardlow would be beneficial as a starting point for the City Council . Due to the scheduled City Council meetings and Mr. Shardlow' s previous commitments, the first Committee of the Whole meeting available for the presentation would be November 22nd. Mr. Shardlow' s presentation and a question/answer session will take approximately 30 minutes . Another alternative would be for City Councilmembers to attend/view the October 20th presentation to the Planning Commission. Staff is also seeking direction from the City Council on which parties should attend the joint Committee of the Whole meeting. Based on the growth projections from the Comprehensive Sewer Plan, it seems much less likely that annexation into Louisville Township would occur in the next planning time frame (20 years) . A suggested meeting date for the joint meeting would be Wednesday, December 14, 1994, which is a continued tax levy hearing date. RECOMMENDATION: Staff recommends that the City Council review the meeting calendar for incorporating the Scott County planning presentation and the joint meeting and provide feedback to staff on which parties should attend the joint meeting. ACTION REQUESTED: This is an informational and discussion item. It is requested that the City Council provide direction to staff on establishing the date for Mr. Shardlow' s presentation, the joint meeting participants and the joint meeting time frame . 1994Oct 9 - Nov 1994 Meet i ng Schedu I es SUN MON TUE WED THU FRI SAT Oct 9 Oct 10 Oct 11 Oct 12 Oct 13 Oct 14 Oct 15 5:00pm C.O.W. - Council App. SPUC/Comp Plan Deadline Oct 16 Oct 17 Oct 10 Oct 19 Oct 20 Oct 21 Oct 22 7:00pm City 5:30pm 7:30pm Planning Council Community Commission-C/I Development Review County Commission Plan 7:00pm Derby Days Oct 23 Oct 24 Oct 25 Oct 26 Oct 27 Oct 20 Oct 29 7:00pm Park & 5:30pm COW-Comp Recreation Plan-GOP- Sewer, Stormwater, Transp. 7:00pm Interviews Oct 30 Oct 31 Nov 1 Nov 2 Nov 3 Nov 4 Nov 5 7:00pm City 7:30pm Planning Council Commission Residential Phasing/Phase 2 Zoning P.H. Nov 6 Nov 7 Nov 8r Nov 9 Nov 10 Nov 11 Nov 12 4:30pm Public General Election 5:30pm COW - City Hall Closed Utilities Zoning Map - Veterans Day Review (Phase 2) Nov 13 Nov 14 Nov 15 Nov 16 Nov 17 Nov 18 Nov 19 7:00pm City 5:30pm 7:30pm Planning Council Community Commission Zoning Map Development Approval Commission 0 v 2 0 D e c 3 1 1994 N - 1994 Meeting Schedules SUN MON TUE WED THU FR I SRT Nov 20 Nov 21 Nov 22 Nov 23 Nov 24 Nov 25 Nov 26 5:30pm COW - City Hall Closed City Hall Closed Land Use - Thanksgiving - Holiday Review MUSA Nov 27 Nov 28 Nov 29 Nov 30 Dec 1 Dec 2 Dec 3 7:00pm Park & 5:30pm COW - 7:30pm Planning Recreation Comm Center Commission Phase I - Public Hearing Final Report Comp Plan Dec 4 Dec 5 Dec 6 Dec 7 Dec 8 Dec 9 Dec 10 4:30pm Public 7:00pm City 7:00pm Public 7:30pm Planning Utilities Council Hearing Tax Commission Levy Public Hearing If Needed Dec 11 Dec 12 Dec 13 Dec 14 Dec 15 Dec 16 Dec 17 7:00pm Cont. 7:30pm Planning Hearing Commission - If Needed Dec 18 Dec 19 Dec 20 Dec 21 Dec 22 Dec 23 Dec 24 7:00pm City 5:30pm Council Community Development Commission Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 City Hall Closed - Christmas 11 iib , MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Former City Hall - Lease Agreement Proposal DATE: October 17, 1994 INTRODUCTION: On Friday, October 14, 1994 staff met with officials from Mid- America Festivals regarding their desire to lease space in the former City Hall building. BACKGROUND: Mid-America Festivals is presently occupying space at the former Valley Racquetball Club building. The building has recently been sold. The sale of the property has made it necessary for Mid- America Festivals to relocate immediately. Mid-America Festivals currently employs approximately 25 employees. The former city hall building is ideally suited for Mid-America Festivals since many of their employees require private offices . The amount of space to be leased equates to approximately 3, 700 sq. feet . Staff has proposed a lease rate of $7 . 12 per sq. foot . We are currently leasing the upper portion of the building for $5 . 02 per square foot . The former Council Chambers area is being leased for approximately $4 . 50 per square foot . The proposed lease rate of $7 . 12 per square foot includes all taxes and utilities with the exception of telephone and refuse collection. The terms are consistent with the other two leasing arrangements presently in place. The rate of $7. 12 per square foot equates to a monthly rental rate of $2, 200 per month. Mid-America Festivals has agreed to the proposed terms outlined herein. Staff is proposing that the lease terms initially cover a six month period with the option to rent monthly thereafter. Following the initial six month period either party may terminate the lease agreement with a 30 day notice. The proposed leasing arrangement would have no impact on the other two renters utilizing space in the former city hall . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to execute a lease agreement by and between Mid-America Festivals and the City of Shakopee for approximately 3, 700 sq. feet of office space at the former city hall building for a six month period with the option to rent monthly thereafter effective November 1, 1994 at a rate of $2, 200 per month with the tenant responsible for all telephone costs and refuse collection. 2 . Do not authorize the lease agreement by and between Mid- American Festivals Inc. and the City of Shakopee for office space in the former city hall building. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute a lease agreement by and between Mid-America Festivals and the City of Shakopee for approximately 3, 700 sq. feet of office space at the former city hall building for a six month period with the option to rent monthly thereafter effective November 1, 1994 at a rate of $2, 200 per month with the tenant responsible for all telephone costs and refuse collection. 13 C October 18, 1994 TO: DENNIS R. KRAFT, CITY ADMINISTRATOR FROM: TOM STEININGER, CHIEF OF POLICE N- RUSSELL R. LAWRENCE, DETECTIVE .R SUBJECT: SURPLUS PROPERTY INTRODUCTION: Unclaimed property which has no value to the City has accumulated at the police department and should be sold. BACKGROUND: Throughout the year, items whose owner is not known, come into the possession of the police department. Although every effort is made to locate the owners of this property, much of it remains in our possession. From time to time, this property must be disposed of because of the room it takes up. The simplest way to do this is by auction. Such an auction also presents a good opportunity to dispose of items of city property such as obsolete office equipment and unserviceable furniture. Before any of this property can be disposed of, it must be declared surplus by action of the City Council. A list of these items is attached to this memo. ACTION REQUESTED: Move to declare items listed herein as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. SHAKOPEE POLICE DEPARTMENT AUCTION INVENTORY TAG # BRAND ITEM SERIAL (2) Black rubber 8 gal kegs (2) Aluminum 8 gal kegs (5) Aluminum 16 gal kegs (7) Tappers - various styles (1) I Framed print - horses (1) I Color print - horses Kirby Parts in gray box Kirby Parts in gray box Kirby Parts in cardboard box Kirby Parts in cardboard box Kirby Attachments - red Kirby , Attachments - black Kirby Parts in cardboard box Kirby Hand held vacuum (2) Realistic Speakers (2) Pyle Driver Speakers (1) GE VCR 333212934 model 5352 (1) AT&T Portable phone w/base (1) Parasound 30 watt equalizer 512225 (1) Alpine Car stereo cassette B70348202E (1) Alpine Power amp 41164266 (1) California Parametic OXE20 equalizer 41100125 a$ (1) JVC Car stereo cassette 11591850 (1) Alpine Car stereo cassette 60410031 (1) Craig Equalizer EQ095489 (1) Alpine Equalizer 20547320A (1) Audio Vox Equalizer booster 002017 SHAKOPEE POLICE DEPARTMENT AUCTION INVENTORY TAG # BRAND ITEM SERIAL (1) Craig 70 watt equalizer (1) Audio Vox Equalizer (1) Audio Vox Equalizer D15243 (1) Alpine Power amp 30411682 (1) Orion Power booster 816173 (2) Speakers - gray cloth (1) Brown vinyl case (1) Red and white cooler (1) Pioneer Speaker TS X14 (1) JVC AM/FM cassette player