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HomeMy WebLinkAbout10/15/1996 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE CITY COUNCIL OCTOBER 15, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 41 Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *61 Approval of Minutes : September 9, 16, and 17, 1996 *71 Approve Bills in the Amount of $886, 120 . 41 81 Communications a] Joseph L. Wolf resignation from Shakopee Public Utilities 91 Public Hearings : A] 7 : 00 P.M. - vacation of right-of-way lying west of and adjacent to Lot 6, Block 3, P & V 2nd Addition, Res . 4537 B] 7 : 00 P.M. - vacation of easement located within RLS 4134, east of Valley Park Drive, Res . No . 4546 C] 7 : 15 P.M. - proposed assessments for public improvements to 17th Avenue and Sarazin Street, 1996-1, Res . No . 4541 D] 7 : 20 P.M. - proposed assessments for St . Francis sanitary sewer and watermain, Project 1995-2, Res . No. 4540 E] 7 : 30 P.M. - proposed assessments for CSAH-15 curb and gutter from 6th Ave. to Vierling Dr. , Project 1994-13, Res . No . 4542 101 Recommendations From Boards and Commissions *A] Final Plat of The Meadows South located adjacent to and southeast of Sage Lane, Res . No . 4545 *B] Final Plat of Hauers 5th located south of CR-16 and west of Hauer Trail, Res . No . 4534 C] Final Plat of Riverview Estates located east of CR-18 and north of CR-16, Res . No . 4535 D] Final Plat of Eagle Creek Bluff located east of CR-18 and south of Boiling Springs Lane, Res . No . 4554 and 4536 E] Canterbury Park 2nd Addition, PUD #7, reconsider Ord. No . 465 TENTATIVE AGENDA October 15, 1996 Page -2- 11] General Business A] Engineering a. Authorize Public Works Supervisor Position b. Memorandum of Understanding on Kmart Linear Pond *c. Cooperative Agreement for Street Lights at CSAH-17 and CR-82 d. Authorization of Local Transportation Plan - Res . No . 4552 *e. Approve Plans for Trunk Sewer for Areas SS-H and SS-D, Project 1996-6, Res . No . 4538 *f. Approve Plans for Valley Park 13th Addition Public Improvements, Project 1996-8, Res . No . 4543 *g. Accept Feasibility Report on Monroe Street Street Light, Project No . 1996-11, Res . No . 4547 *h. Declare Costs to be Assessed for CR-16 Sewer and Water, Project 1994-11, Res . No. 4539 *i . Accepting Work on the P & V Additions Public Improvements, Project 1995-5, Res . No . 4548 *j . Declare Costs to be Assessed for CR-16 Curb and Gutter, Project 1995-3, Res . No. 4550 B] Police/Fire *a. Towing Contract *b. Code Enforcement Officer Pay - Res . No. 4549 C] Community Development *a. 1995 Comprehensive Development Plan - Res . No . 4551 b. Appeal of Decision of Board of Adjustment and Appeals Denying A Variance for A Garage Addition *c. Time Extension to Record Stonebrooke 2nd Addition D] General Administration a. Hiring Community Development Director *b. Continuing Disclosure Contract C. MnDOT Regarding T.H. 41 Bridge *d. Nominations to Police Civil Service Commission *e. Arena Concession Stand Agreement *f. 1996A Improvement Bond Sale - Res . No . 4544 g. Authorization to Close at Noon on Christmas Eve Day 12] Other Business 13] Adjourn *Anticipated to be routine items. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 9, 1996 Mayor Henderson called the meeting to order at 5:24 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and R. Michael Leek, Acting Community Development Director. Note: Representatives from ADC Telecommunications Company attended the Council worksession immediately preceding this meeting and provided Councilmembers with additional information regarding their request for tax increment financing assistance for a potential project in Shakopee. DuBois/Sweeney moved to re-consider the request of ADC Telecommunications for tax increment assistance. Motion carried unanimously. Mr. Voxland provided the Councilmembers with information on the impact of tax increment for a request such as is being made by ADC. Discussion ensued on whether or not to extend a tax increment district beyond the amount of time requested by ADC in order to capture additional funds for other uses by the City. Sweeney/Zorn moved to direct staff to proceed with negotiations with ADC Telecommunications relative to the tax increment proposal with the intent on the part of staff to minimize the length of the TIF necessary to accomplish that. Motion carried with Mayor Henderson opposed. Mr. Dave Mac Gillivary of Springsted, city financial consultant, explained that a calendar can now be developed (identifying the steps to be undertaken relative to establishing a tax increment district). Sweeney/DuBois moved to authorize staff, as soon as available, to send appropriate information to the school district and the county(relative to establishing a TIF district). Motion carried unanimously. Sweeney/Zorn moved to instruct staff to be sure to include within the negotiations with ADC Telecommunications the professional fees and overhead expenses associated with the tax increment financing district. Motion carried unanimously. Staff was directed to contact the Minnesota Department of Trade and Economic Development regarding a grant for the ADC Telecommunications project. Because of a shortage of staff, Mr. McNeill was authorized to utilize Mr. Paul Bilotta, the former Community Development Director. Official Proceedings of the September 9, 1996 Shakopee City Council Page -2- Mayor Henderson recessed the meeting at 5:52 P.M. in order to re-convene the worksession. Mayor Henderson re-convened the meeting at 6:14 P.M. Sweeney/Zorn offered Resolution No. 4507, A Resolution Canceling Debt Service Levies for 1996/97, and move its adoption. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4508, A Resolution Setting Proposed Maximum 1996 Tax Levy, Collectible in 1997, and moved its adoption. Sweeney/Zorn moved to amend the General Levy to read $2,907,742. Motion carried unanimously. Motion carried unanimously on Resolution No. 4508, as amended. Sweeney/Zorn moved to direct the Finance Director to change the target General Fund fund balance from 15%to 25%-30%. Motion carried unanimously. Sweeney/DuBois moved to adjourn to Tuesday, September 16, 1996 at 7:00 P.M. Motion carried unanimously. The meeting adjourned at 6:22 P.M. t.'a �, 1� u ith S. Cox City Clerk Recording Secretary i OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 16, 1996 Mayor Henderson called the meeting to order at 7:05 P.M. with Councilmembers Zorn, Sweeney, and Link present. Councilmember DuBois was absent. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Mac LeFevre, Jr., Kennedy& Graven; and Donald C. Baur, Perkins Coie. Sweeney/Zorn moved to approve the agenda. Motion carried unanimously. Mayor Henderson recessed the meeting for an executive session to discuss matters covered under attorney-client privilege. Mr. McNeill stated that the matters to be discussed included pending litigation with the Mdewakanton Sioux on land use and land Trust issues. Mayor Henderson re-convened the meeting at 8:38 P.M. There was no action taken by the City Council during the executive session. Zorn/Sweeney moved to direct our attorneys to be prepared to file an amicus brief, in consort with others, in the event that the Supreme Court agrees to hear the Eighth Circuit District Court's decision regarding the South Dakota case (regarding placing property into Trust status). Motion carried unanimously. Sweeney/Link moved to adjourn to Tuesday, September 17, 1996 at 7:00 P.M. Motion carried unanimously. The meeting adjourned at 8:39 P.M. Judith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 17, 1996 Mayor Henderson called the meeting to order at 7:02 P.M. with Councilmembers DuBois, Sweeney, and Link present. Cncl. Zorn was absent. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Acting Community Development Director; Gregg Voxland, Finance Director; and Jim Thomson, City Attorney. The following item was moved ahead on the agenda: ll.C.a.) Adopting a Storm Water Trunk Charge. The following items were added to the agenda: ll.D.c.) Authorizing City Administrator to Attend 1CMA National Conference, ll.D.d.) Consideration of Deferred Compensation Plan, ll.A.a.) Authorization of Fire Station Site Survey, ll.A.b.) Acceptance of Resignation of Richard Mulcrone from Police Civil Service Commission. DuBois/Sweeney moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. Don McNeil, 1101 Naumkeag, Chair Community Public Access Board, approached the podium and said he had paid $220.00 of his own money and had to drive many miles in order to rent equipment (to video) the St. Francis hospital open house. He also said his wife is being denied access to the studio and has written to the Civil Liberties. Mark McNeill responded by saying that the denial to access of the equipment has been reversed and that the individual responsible for the decision to lock Mr. McNeil out of the studio is no longer employed in a station manager capacity. Cncl. Sweeney was directed to pursue the denial of access to Mrs. McNeil. Mike Mobley, 838 4th Avenue, approached the podium and explained that he has a large lot (120' X 124") and would like to split it and make two lots. There is service to both lots but needs an easement on the garage line. He said he has been trying to do this for some time. Mr. Mobley was directed to contact Mr. Leek or Ms. Klima in the planning department and that he should obtain a survey of his property. Official Proceedings of the September 17, 1996 Shakopee City Council Page -2- Sweeney/DuBois moved to approve the Minutes of August 13, 15, and 20, 1996 Motion carried unanimously. DuBois/Leek moved to approve bills in the amount of $1,091,783.06. Motion carried unanimously. Bruce Loney gave a brief history of the changes and policy issues relating to the proposed Trunk Storm Water charges, adding that the ordinance as drafted establishes the charge and the resolution sets the amount of the charges and method of collection. He explained that the charge for the trunk conveyance system would be .07 per net developable square foot for all land uses. The reason for the same rate for all land uses is that the storm water management plan includes a requirement to limit discharge to 1/3 CFS per acre for new developing land. Storm water ponding for storage and treatment were also included for regional ponding. Land that is required to use this will pay an additional .04 per square foot for residential lots with less than 3 lots per acre, .07 per square foot for residential developments with more than 3 lots per acre, and .13 per square foot for commercial, industrial, and institutional property. Mr. Loney explained that the effective date of fees, the payment method for residential plats, and the application of the charge to rural subdivision lots are issues yet to be resolved before the ordinance can be adopted. The proposed charges would be applied at the time of final platting for residential properties and at the time of building permit issuance for commercial, industrial, and institutional properties. Paragraph 6 of the Resolution addresses appropriate language forth effective date of institution of the fee. The options state that any property that does not have a PUD or preliminary plat approval before September 17, 1996 would be subject to the fee unless the trunk storm water charges were made a condition of such approval, and the Council was given the option of changing the effective date to allow time for those plats in progress for preliminary plat approval. In discussing the payment method, a paragraph was added to allow developers of residential developments to pay the fee over a three year period with interest by providing a letter of credit to the City in lieu of paying the fee in total up front. In discussing the application of the charges to rural residential lots, the question is whether the charge on 10 acre lots is just and equitable. The City Attorney has indicated there may be legal issues with charging the full amount to a 10 acre lot for one single family residence. A discussion ensued relating to a fee structure based on the number of acres, plats, and the time frame needed to provide changes to be considered by the Subdivision Review Committee for approval. Mr. Thomson stated that the general conditions won't be changed and that the fees can't be imposed at final platting if they are not a condition in the preliminary plat. Official Proceedings of the September 17, 1996 Shakopee City Council Page -3- A discussion ensued relating to consideration of language changes to the effect that Mr. VanZee would be exempt as the Ordinance is written, as his subdivision does not drain to the river. Steve Muhlenhardt, 7556 Eagle Creek Blvd, approached the podium and asked if he would be charged $30,000 if he splits off 10 acres to sell. He also said that the Spring Lake Watershed runs through the middle of the property. Mr. Muhlenhardt was told that he would not be charged until such time as the 10 acre lot is subdivided and platted for additional homesteads. Ralph Goode approached the podium and asked who paid for the sewer and water to the developments south of town, what the cost was to drain the land, and how previous developers paid for the storm sewers. He also addressed the issue of benefit. Mr. Loney explained that paying for storm sewers at the time of development is the most equitable way to distribute the cost. A discussion ensued as to who pays for Mn/DOT linear ponds and who benefits from them. It was explained that the fee charged to everyone goes to maintain the storm sewer system and the users have paid for them. Harold Snyder, 3300 Valley View Rd, approached the podium and asked if he sold 10 acres and they did not change, would a fee be imposed. The answer was no. Sweeney/DuBois moved to amend Resolution No. 4505, Adopting Trunk Storm Water Charges and Storm Water Storage and Treatment Charges, by amending paragraph 6 with the option #2 as set forth by staff (by adding that the charges being established will not be charged to any development that received either PUD approval or preliminary plat approval prior to September 17, 1996 unless payment of the trunk storm water charges was made a condition of such approval. Motion carried unanimously. Sweeney/DuBois offered Ordinance No. 463, An Ordinance Amending Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchises and Rates by Adding A New Section 3.43, Relating to Trunk Storm Water Charges, and moved its adoption. Sweeney/Link moved to amend Section 2 to make changes in the language following the date of September 17, 1996 to read, "unless payment of the trunk storm water charges was made a condition of such approval or unless such approval has expired or unless the property is replatted after the adoption of this ordinance." Motion carried unanimously. Ordinance No. 463 as amended was carried unanimously. Sweeney/Link moved to amend Resolution No. 4505 to include direction for staff to come back annually to review the fee. Motion carried unanimously. Official Proceedings of the September 17, 1996 Shakopee City Council Page -4- Sweeney/DuBois, offered Resolution No. 4505, A Resolution of the City of Shakopee Adopting Trunk Storm Water Charges and Storm Water Storage and Treatment Charges, and moved its adoption. Motion carried unanimously. A recess was taken at 8:46 P.M. The meeting re-convened at 8:58 P.M. Jon Albinson, Valley Green Business Park, approached the podium and asked for clarification of the previously passed resolution. He asked whether there would be a fee charged to Valley Park 12th Addition. He was told that the fee would not apply to Valley Park 12th Addition. Sweeney/Link offered Resolution No. 4512, A Resolution Approving the Preliminary Plat for Eagle Creek Bluff, and moved its adoption. A discussion ensued relating to changing the language relating to the storm water trunk fees. Sweeney/DuBois moved to amend Resolution No. 4512 by deleting item B.6. (Stormwater trunk fees will be paid by the developer, if the fee is approved by the City Council and published prior to Final Plat approval by the City Council.) Motion carried unanimously. Sweeney/DuBois moved to amend Resolution No. 4512 by deleting item A.1. (Eagle Creek Bluff Avenue shall be renamed to Eagle Creek Bluff Drive.) Motion carried unanimously. A discussion ensued regarding Mr. VanZee's subdivision as it relates to the need for additional right-of-way acquisition. Jim Thomson reported that condemnation costs, if the City would become involved, would be approximately $3,000 and the costs related to condemnation proceedings would be borne by the developer. Motion to approve Resolution No. 4512, as amended, carried unanimously. Michael Leek noted the revised Resolution No. 4518 included language that states that the developer agrees that the stormwater trunk fees will be payable if such fees are approved by the City Council. He added that in the case of the Valley Park 13th Addition the fees would be payable at the time of building permit issuance. DuBois/Link offered Resolution No. 4518, A Resolution of the City of Shakopee Approving the Preliminary Plat for Valley Park 13th Addition, and moved its adoption. Jon Albinson noted that the second "Whereas" may need modified as the legal descriptions of the property are for the property that Valley Green owns but do not include the legal description of the parcel in the plat owned by Shiely. Official Proceedings of the September 17, 1996 Shakopee City Council Page -5- Sweeney/Link moved to amend Resolution No. 4518 to state that Exhibit A will include the Shiely parcel. Motion carried unanimously. The main motion as amended carried unanimously. Link/Sweeney offered Resolution No. 4511, A Resolution of the City of Shakopee, Minnesota Approving the Final Plat of Samantha Woods, and moved its adoption. Cncl.DuBois stated that she would be abstaining from discussion on voting on Res. No. 4511. Jim Monnens, 1504 Monarch St, approached the podium and stated that condition #8 contradicts the resolution previously approved and asked that it be removed from the conditions. Sweeney/Link moved to amend Resolution No. 4511 by striking paragraph VIII. (The developer agrees to pay a stormwater trunk fee, if such fee is approved by the City Council and published, prior to Final Plat approval of this development.) Motion carried unanimously. The main motion as amended carried with Cncl. DuBois abstaining. A discussion ensued as to whether or not a right-of-way for Fillmore Street exists adjacent to the proposed plat of Market Place 2nd Addition. It has not been confirmed that the right-of-way was ever dedicated and so is not platted into the subject site. The applicant asked if this right-of-way exists whether it could be vacated. A discussion ensued and it was suggested that a title opinion may clarify whether or not this area is right-of-way. Sweeney/DuBois offered Resolution No. 4510, A Resolution of the City of Shakopee, Minnesota Approving the Final Plat of Market Place 2nd Addition, and moved its adoption. Motion carried unanimously. Michael Leek reported that the requested rezoning of property (by Midwest Commercial Development) from Agricultural Preservation (AG) to Highway Business (B-1) is consistent with the Comprehensive Plan and the Planning Commission has recommended rezoning to Highway Business (B-1). Cncl. DuBois stated she would be abstaining from discussion and the vote as did Cncl.Sweeney. Not having a sufficient voting capacity present to approve this item, it was tabled until the next meeting. Michael Leek reported that the variance request for front yard setbacks in connection with the Preliminary Plat of The Meadows South was denied by the Planning Commission as it did not meet the criteria set forth in the subdivision ordinance. Official Proceedings of the September 17, 1996 Shakopee City Council Page -6- A discussion ensued relating to a previous discussion that this request was appropriate. Mr. Leek explained that the request was for shorter driveways and shorter setbacks. There was a concern for parking spaces. Sweeney/DuBois offered Resolution No. 4520, A Resolution Denying A Front Yard Setback Variance Requested by Gold Nugget Development, Inc., for the Preliminary Plat Known as the Meadows South, and moved its adoption. Horst Graser, Developer, Gold Nugget, approached the podium to address the variance stating that there are a number of driveways relatively close together. He said he felt a 47' driveway was excessive in a residential development with attached housing units. In addition, this variance would reduce the amount of asphalt and would create a more consistent development with the other areas as the other driveways are 20' long. He also said he felt the sense of compatibility is severely compromised. He said the parking issues relative to the variance have been addressed effectively. A discussion ensued regarding the Planning Commission's findings and other options. Motion carried 3-1 with Cncl. DuBois opposed. Mark McNeill explained that a Fire Station Site Survey is necessary prior to construction to be certain that the building construction site meets setbacks and is not within an easement. The question is whether the Council wishes to do this now or wait until after the November 5th election to see if the referendum is approved. Survey quotes obtained were $2,130 and $3,000. The survey was recommended and assuming the referendum passes, M.S.A. Consulting could proceed as of November 6th. If the referendum fails, the Council would then be consulted as to whether to proceed. M.S.A.'s proposed $2,130 would be charged to the Fire Station Project, if the referendum fails the money would be taken from reserves. Sweeney/Link moved to authorize the fire station survey to be done by M.S.A. Consulting, for a price of$2,130, to be scheduled November 6th if the referendum is successful. A discussion ensued relating to the number of acres proposed to be purchased and the purchase price. The City Attorney explained that this is specifically addressed in the purchase agreement. Motion carried unanimously. Mark McNeill explained that the resignation of Richard Mulcrone (from the Police Civil Service Commission) warrants authorization to advertise for a replacement. He asked for motions to accept the resignation of Richard Mulcrone, authorization to advertise for a replacement, and to designate a Councilmember to serve on an interview panel to interview applicants. i Link/Sweeney moved to accept the resignation of Richard T. Mulcrone from membership on the Shakopee Police Commission, with regret. Motion carried unanimously. Official Proceedings of the September 17, 1996 Shakopee City Council Page -7- DuBois/Link moved to direct that advertisement be made for candidates to fill the vacancy on the Police Civil Service Commission as a result of the resignation of Richard T. Mulcrone. Motion carved unanimously. DuBois/Link moved to appoint Burl Zorn to sit on the interview panel (in addition to the Mayor and the City Administrator) to interview candidates to fill the vacancy on the Police Civil Service Commission. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4509, A Resolution Setting The Public Hearing Date To Consider The Vacation of Right-Of-Way Within P & V 2nd Addition, and moved its adoption. Motion carried unanimously. Mark McNeill reported that based on the one quote received it would be best to bring discussion of hiring a consultant to prepare specifications regarding demolition for Blocks 3 & 4 back at the next meeting. Bruce Loney reported that the low bid for the McKenna Road Project was from Vi-Con, Inc. for $217,348.20. The Engineer's estimate for this project is $200,000.00. He added that two requirements of the agreement between the City and the Shakopee Mdewakanton Sioux community included notification by the Community to the City of its decision to proceed with the construction of McKenna Road, and the placement of 110% of the estimated costs for the installation of the improvements into an escrow account to fund this project. He said that the Tribal Council are in agreement with proceeding with the project and the estimated costs have been placed in an escrow account. He recommended accepting the bid, and authorizing an extension agreement with WSB & Associates Inc. for consultant services , and authorizing a 10% contingency amount in authorizing change orders. Sweeney/Link offered Resolution No. 4517, A Resolution Accepting Bids for McKenna Road, from County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee, Project No. 1996-7. and moved its adoption. Motion carried unanimously. DuBois/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services on the McKenna Road Project for the City of Shakopee. Motion carried unanimously. Link/Sweeney moved to authorize a 10% contingency amount, for use by the City Engineer, in authorizing change orders and quantity adjustments on the McKenna Road Project. Motion carried unanimously. Bruce Loney reported that revisions to the designated snow emergency routes due to development and relocation of St. Francis Hospital requires a revision to City Code, Section 9.50, Subdivision 8. The snow emergency routes have been reviewed by the Fire Department and the Police Chief. Official Proceedings of the September 17, 1996 Shakopee City Council Page -8- Mr. Loney explained that the Fire Department has requested that Scott Street, from 1st Avenue to 6th Avenue remain on the snow emergency route and that 6th Avenue, from Fuller Street to Holmes Street also remain on the route. DuBois/Link offered Ordinance No. 462, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 9, Parking Regulations, Section 9.50, Parking During Street Maintenance, Snowy Weather, and in the Central Business District by Repealing Subd. 8, Show Emergency Routes and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject and moved its adoption. Motion carried unanimously. Bruce Loney stated that the School District has requested that no parking signs be removed along Lewis Street and additional no parking signs be placed on 6th avenue, adjacent to Central Elementary to facilitate additional parking for administration, teachers and volunteers. Sweeney/Link moved to direct staff to place the appropriate signage, to allow parking on Lewis Street and to restrict parking on 6th Avenue, as shown on the drawing labeled Attachment No. 2. (City Clerk document #242) Motion carried unanimously. Bruce Loney stated that the Senior High School has requested additional parking control signs along 10th Avenue to allow loading and unloading of students and avoid conflicts with cars also using the parking area to deliver or pick up students between the hours of 7:10 and 7:30 and 2:00 to 2:15 on school days. Sweeney/DuBois moved to direct staff to place the appropriate signage, to allow school buses to load and unload students along 10th Avenue, and not be in conflict with other vehicles transporting students. Motion carried unanimously. Bruce Loney stated that the developers of Valley Park 13th Addition are using the City's consultants due to hydraulic drainage issues and that they desire to have the City do a 429 project and assess costs back to the developers jointly sharing in the improvements. He added that if a reimbursement agreement is made where those costs will be assessed to the developers, no consultant extension agreement is needed with WSB and Associates, Inc., for consulting services to complete the plans and specifications for the improvements. He asked for authorization to reimburse developers for the engineering fees to date, and to assess the costs as part of the project costs. Sweeney/Link offered Resolution No. 4519, A Resolution Declaring Adequacy of Petition, Ordering an Improvement and Preparation of Plans and specifications for Valley park 13th Addition, Project No. 1996-8, and moved its adoption. I Official Proceedings of the September 17, 1996 Shakopee City Council Page -9- Jon Albinson, Valley Green Business Park, approached the podium and said that street lighting was not referenced in the Resolution and asked if the Resolution could be amended to include that improvement. Sweeney/DuBois moved to amend Resolution No. 4519, paragraph 1 by striking the word "and" before watermain and adding "and street lights" following the word "watermain." Motion carried unanimously. Motion carried unanimously on main motion as amended. Sweeney/DuBois moved to authorize staff to reimburse the developers (of Valley Park 13th Addition) for the engineering fees for the design of the improvements, and to assess those costs as part of the project costs. Motion carried unanimously. Bruce Loney reported that the trunk watermain acreage charge was not included in the costs declared to be assessed for the St. Francis Sewer and Watermain Project and that Shakopee Public Utilities wishes to include them in the assessments for this project. He said that the revised Resolution on the Council table does now include this charge bringing the amount to be assessed to $120,337.69. Sweeney/DuBois offered Resolution No. 4514, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for St. Francis Regional Medical Center Sanitary Sewer and Trunk Watermain, Project No. 1995-2, as revised, and moved its adoption. Motion carried unanimously. DuBois/Link offered Resolution No. 4515, A Resolution Declaring the Cost to Be Assessed and Ordering The Preparation of Proposed Assessments for 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1, and moved its adoption. Motion carried unanimously. Link/DuBois offered Resolution No. 4516, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for County State Aid Highway 15 (Adams Street, from 13th Avenue to 6th Avenue,) Project No. 1994-13, and moved its adoption. Motion carried unanimously. Mark McNeill reported that since there is $17,000 available in the Administration budget this year a request was made for authorization to obtain proposals to replace the "main" photocopy machine. The existing machine would be used as a second machine at City Hall and the current back-up machine would go to the community center for use by organizations. Sweeney/Link moved to direct staff to solicit proposals for a replacement photocopy machine. Motion carried unanimously. Official Proceedings of the September 17, 1996 Shakopee City Council Page -10- Mark McNeill reported that Cncl. DuBois has suggested scheduling a joint meeting with the School Board to discuss items of mutual interest. The Superintendent has suggested scheduling the meeting just prior to a School Board meeting to reduce the number of nights committed to meetings. There was a consensus that the meeting be negotiated for Monday, October 14th at 5:00 P.M. Mark McNeill reported that in order to comply with the City Administrator's employment agreement, Council authorization should be given to attend the International City/County Management Association National Conference, to be held October 5-9, 1996 in Washington, D.C. DuBois/Sweeney moved to authorize City Administrator Mark McNeill to attend the National Conference of the International City Management Association to be held October 5-9, 1996, in Washington, D.C. Motion carried unanimously. Mark McNeill reported that authorization to join the ICMA deferred compensation plan (for the City Administrator) is needed to implement the plan. Sweeney/DuBois offered Resolution No. 4521, A Resolution Establishing The International City Managers Association Retirement Corporation Deferred Compensation Plan, and moved its adoption. Motion carried unanimously. James and Kris Jaggars, 440 4th Avenue E, approached the podium and expressed concern regarding the possible closing of Fillmore Street between 4th and 5th Avenues. They said that if Fillmore is closed they will not be able to access the garage which is set back approximately 14 feet to the east of their west line. They would like to be able to use Fillmore as a private drive to their garage. They have tried to find out who owns the property and have had no success. The Jaggars said they would be interested in purchasing this property for a private drive. Bruce Loney explained that there is currently a gravel extension north and south from 4th Avenue to 5th Avenue. There is also a sanitary sewer and watermain in the area so easements must be maintained. The question as to whether or not this is actually a street was raised. However, the owner of this triangle piece of land is unknown at this time. Mr. Loney also explained that if there is a driveway there setback requirements must be met. Cncl.Sweeney stated that the City Attorney was previously directed to give his opinion on the status of the property. He suspects that it is part of the original plat and is not part of the Klingelhutz plat (Market Place 2nd) and if vacated it would go to the adjoining lots. Sweeney/DuBois moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:24 P.M. Judith S. Cox, City Clerk Esther TenEyck, Recording Secretary CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: October 10, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 10/10/96 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $646 . 62 . Action Recruested Move to approve the bills in the amount of $886, 120 .41 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/10/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 22 54,506 66 12 CITY ADMINISTRATOR 215,490 4,368 163,302 76 13 CITY CLERK 132,040 4,287 88,095 67 15 FINANCE 307,410 7,767 224,241 73 16 LEGAL COUNSEL 260,030 1,431 146,774 56 17 COMMUNITY DEVELOPMENT 457,930 11,187 234,206 51 18 GENERAL GOVERNMENT BUILDINGS 132,510 7,735 104,876 79 31 POLICE 1,588,500 49,066 1,153,875 73 32 FIRE 418,670 2,112 255,902 61 33 INSPECTION-BLDG-PLMBG-HTG 228,930 8,955 165,890 72 41 ENGINEERING 407,760 16,351 261,818 64 42 STREET MAINTENANCE 775,720 13,301 397,624 51 44 SHOP 116,650 3,818 77,401 66 46 PARK MAINTENANCE 304,660 18,426 246,843 81 91 UNALLOCATED 436,340 1,487 273,017 63 TOTAL GENERAL FUND 5,865,730 150,313 3,848,369 66 17 COMMUNITY DEVELOPMENT 463,400 5,908 278,231 60 TOTAL TRANSIT 463,400 5,908 278,231 60 COUNCIL CHECK REGISTER THU, OCT 10, 1996, 10:28 AM page 1 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53079 1996/10/02 $578.53 AFLAC CANCER INS. PAYABLE 0912-2177 005207 IP <*> $578.53* 53080 1996/10/02 $17,015.53 BLUE CROSS & BLUE SHIELD CM519-WO O 0912-2176 005208 IP <*> $17,015.53* 53081 1996/10/02 $218.31 CARLTON CO HUMAN SERV CTR C0825788 0912-2181 005209 IP <*> $218.31* 53082 1996/10/02 $1,180.44 CDP INC PRINTING/PUBLISHING 0911-4350 02411792 IP <*> $1,180.44* 53083 1996/10/02 $3,972.42 CONVENTION & VISITORS BUR PROFESSIONAL SERVICES 0176-4310 005210 IP <*> $3, 972.42* 53084 1996/10/02 $998.66 FORTIS BENEFITS HEALTH & LIFE PAYABLE 0912-2176 005211 IP <*> $998.66* 53085 1996/10/02 $271.52 ICMA RETIREMENT CORP 4366 0912-2178 310 IP <*> $271.52* 53086 1996/10/02 $95.27 MBA CANCER INS. PAYABLE 0912-2177 005212 IP <*> $95.27* 53087 1996/10/02 $5,370.41 MINGER CONSTRUCTION INC IMPROVEMENTS 6620-4530 005213 IP <*> $5,370.41* 53088 1996/10/02 $514.00 MINNESOTA MUTUAL LIFE HEALTH & LIFE PAYABLE 0912-2176 005214 IP <*> $514.00* 53089 1996/10/02 $11,773.13 P E R A 7578-00 0912-2183 310 IP <*> $11,773.13* 53090 1996/10/02 $228.00 SCOTT CO COLLECTIONS C062936 0912-2181 005215 IP <*> $228.00* 53091 1996/10/02 $715.68 SIMPLEX TIME RECORDER CO BUILDING MAINT 0181-4230 005216 IP <*> $715.68* 53092 1996/10/02 $29.92 U S WEST COMMUNICATIONS TELEPHONE 0628-4321 005217 IP <*> $29.92* 53093 1996/10/02 $6,992.44 USCM/MIDWEST 2309 0912-2178 310 IP <*> $6,992.44* 53095 1996/10/09 $89,981.00 METRO COUNCIL WASTEWATER CURRENT USE CHARGES 0711-4385 51781096 IP 1996/10/09 $22,275.00 METRO COUNCIL WASTEWATER METRO SAC CHARGES 9710-3730 51781096 IP <*> $112,256.00* 53096 1996/10/09 -$386.16 MN STATE TREASURER ADMINISTRATIVE CHARGES 9001-3404 005218 IP 1996/10/09 $9,282.73 MN STATE TREASURER BLDG PERMIT - SURCHARGE 0913-2081 005218 IP 1996/10/09 $88.76 MN STATE TREASURER PLUMBING PERMIT-SURCHARGE 0913-2082 005218 IP 1996/10/09 $121.00 MN STATE TREASURER ELECTRIC PERMIT-SURCHARGE 0913-2083 005218 IP 1996/10/09 $95.00 MN STATE TREASURER HEATING PERMIT-SURCHARGE 0913-2084 005218 IP HO ZST£00 OVZV-TE90 HONVNHZNIVW ZNHWdInOH ONI ONIZZIHQ ZZHM NHOg OS'Z86$ OT/OT/9661 £TIES +00'095$ <*> HO SZTE00 06£6-ZTEO NINIV-dZ/ZOOHOS/HONHHH3NOO LdSQ HOIZOd NOZONIWOOZg 00'095$ OT/OT/9661 ZTT£S *Z£'ZZ£$ <*> HO TST£00 OVZV-TVVO HONVNHZNIVW ZNHWdIIIOH SZHvd osnv V Dia £T'95$ OT/OT/966T HO TST£00 OVZV-TZEO HONVNHZNIVW SNHWdInOH S.Luvd Osnv v OIa 08'6ST$ OT/OT/9661 HO TST£00 OVZV-ZTEO HONVNHZNIVW SNSWdInOH SZHvd osnv V OIg 6£'901$ 01/01/966T TTTES *ZS'OZT$ <*> HO VZT£00 OTEV-VZ90 SHOIAHHS ZVNOISSS30Hd ONI S33Ig ZS'OZT$ OT/OT/966T OTT£S *65'8$ <*> HO EZTE00 OSVE-TVLO SHO'dKHO MMSH HSINHQ 'CFdVDWnV9 6S'8$ OT/01/9661 60TES *VL'LSE'TOE$ <*> HO ZZT£00 OESV-SE99 SZNHWHAOHdWI ONI VSSOHVgHVg VT'LOS'6SZ$ 01/01/9661 HO ZZTE00 OESV-SZ99 SZNHWHAOHdWI ONI VSSOHVaNVg 09*OLL'TV$ 01/OT/966T 80T£S *SS'VL$ <*> HO OOTE00 OVZV-TVVO SONVNHZNIVW LNHWdIIIOH ONI SXHOM ZVSHW X '3 g SS'VL$ OT/OT/966T LOTES *£T'V80'8$ <*> HO T96V£T OSST-TO06 SHDdVHO QIVdHXd ONI LSIG 3 '3 g ET'V80'8$ OT/OT/966T 90T£S *00'VST$ <*> HO 8Z6Z£ 06£V-ZSLO NINIVHl/ZOOHOS/HONH-dH3NOO SSOHO QHH NVOIXHWV 00'V5T$ OT/OT/966T SOTES *S6'6E£$ <*' HO ZS OVZV-TVVO HONVNHSNIVW ZNHWdInOH HOHHIW n SSvZO Wv S6'6EE$ OT/OT/966T VOTES *Z8'£EL'T$ <*' HO 6ZVL OVZV-ZLTO HONVNHZNIVW ZNHWdIIIOH I SQOUd SSHNISng NOSNVZZV Z8'EEL'T$ 01/01/9661 £OTES *00'06Z'6$ <*> HO 660£00 OZSV-8EV6 SONIQZIng ONI UOLVAHZH XJIO Z'Td 00'06Z'6$ 01/01/9661 ZOTES *00'OV$ <*> HO OSTE00 06EV-TT£0 NINIV-dZ/ZOOHOS/HONHHH3NOO W 0 Z v 00'OV$ OT/01/966T TOTES *L6'091$ <*' HO 6VTE00 TZ£V-TTEO HNOHdHZHS Z '3 Z V 80'LOT$ OT/OT/966T HO 6VTE00 TZEV-VSLO HNOHdHZHS Z 33 Z v ST'S$ OT/OT/966T HO 6VTE00 TZEV-TZTO HNOHdHZHS Z I Z V VL'SV$ OT/OT/9661 OOT£S *V8'Z9$ <*' HO E06ST OVZV-TVVO HONVNHZNIVW LN9WdIII0H ONI OHZH OSIIV g n V V8'Z9$ 01/01/966T 660£S *ZL'9S6$ <*' HO 860£00 OTVV-VETO SZVZNHX Ssdv HQ HHAHZ OOZ ZL'9S6$ OT/OT/966T 860£5 *E8'L9Z'6$ <*> dI 8TZS00 SOOZ-ET60 HOHVHOHIIS-ZIWNHd S n M NHXnSVHXS HZVsS NW OS'99$ 60/OT/966T 960£S -"----------------------------------------------------------------------------------------------------------------------------------- ZVnNKW IdSUMN ON HOIOANI ES MIN NOIZdIHOSHQ HOQNHA ZNnOWV XOSHO HZVQ NOHHO ON XOHHO Od ZNnOOOV Z abed WV 8Z:01 '966T 'OT ZOO 'aHS HHZSIDSV HOHHO ZIONnOO COUNCIL CHECK REGISTER THU, OCT 10, 1996, 10:28 AM page 3 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ <*> $982.50* 53114 1996/10/10 $3,216.68 BOLTON & MENK INC PROFESSIONAL SERVICES 6639-4310 36586 OH <*> $3,216.68* 53115 1996/10/10 $211.02 BT OFFICE PRODUCTS PRINTING/PUBLISHING 0911-4350 003154 OH 1996/10/10 $24.26 BT OFFICE PRODUCTS OPERATING SUPPLIES 0132-4210 003154 OH 1996110110 $95.05 BT OFFICE PRODUCTS OPERATING SUPPLIES 0911-4210 003154 OH 1996/10/10 $3.14 BT OFFICE PRODUCTS OPERATING SUPPLIES 0151-4210 003154 OH 1996/10/10 $183.33 BT OFFICE PRODUCTS OPERATING SUPPLIES 0751-4210 003154 OH 1996/10/10 $150.54 BT OFFICE PRODUCTS OPERATING SUPPLIES 0311-4210 003154 OH 1996/10/10 -$14.19 BT OFFICE PRODUCTS OPERATING SUPPLIES 0411-4210 003154 OH 1996/10/10 $20.84 BT OFFICE PRODUCTS OPERATING SUPPLIES 0421-4210 003154 OH <*> $673.99* 53116 1996/10/10 $37.85 BUSINESS BOOK OPERATING SUPPLIES 0751-4210 003101 OH <*> $37.85* 53117 1996/10/10 $450.00 C I REALTY C.O. CHARGE PAYABLE 9840-2210 11998 OH 1996/10/10 $450.00 C I REALTY C.O. CHARGE PAYABLE 9840-2210 11999 OH 1996/10/10 $450.00 C I REALTY C.O. CHARGE PAYABLE 9840-2210 12045 OH <*> $1,350.00* 53118 1996/10/10 $6.86 C.H. CARP. LUMBER OPERATING SUPPLIES 0421-4210 003126 OH <*> $6.86* 53119 1996/10/10 $12.85 CHASKA BLDG CTR BUILDING MAINT 9439-4230 003155 OH 1996/10/10 $14.67 CHASKA BLDG CTR BUILDING MAINT 0754-4230 003155 OH 1996/10/10 $232.27 CHASKA BLDG CTR BUILDING MAINT 0181-4230 003155 OH 1996/10/10 $148.95 CHASKA BLDG CTR BUILDING MAINT 0318-4230 003155 OH 1996/10/10 $21.27 CHASKA BLDG CTR BUILDING MAINT 0182-4230 003155 OH <*> $430.01* 53120 1996/10/10 $146.99 COMMERCIAL ASPH CO MATERIALS 0427-4215 003156 OH <*> $146.99* 53121 1996/10/10 $385.53 COMPUTER CITY A/R OPERATING SUPPLIES 0321-4210 857801 OH <*> $385.53* 53122 1996/10/10 $28.06 CRYSTEEL DIST INC EQUIPMENT MAINTENANCE 0441-4240 11429 OH <*> $28.06* 53123 1996/10/10 $219.82 DANKO EMRGCY EQUIP CO OPERATING SUPPLIES 0321-4210 210074 OH <*> $219.82* 53124 1996/10/10 $450.00 DEUTSCH CONSTRUCTION C.O. CHARGE PAYABLE 9840-2210 11959 OH 1996/10/10 $450.00 DEUTSCH CONSTRUCTION C.O. CHARGE PAYABLE 9840-2210 12010 OH <*> $900.00* 53125 1996/10/10 $95.21 DJ'S MUNICIPAL SUPPLY INC OPERATING SUPPLIES 0421-4210 5439 OH <*> $95.21* 53126 1996/10/10 $160.00 DOOLITTLE, KEN OPERATING SUPPLIES 0751-4210 003102 OH <*> $160.00* COUNCIL CHECK 9EGISTER THU, OCT 10, 1996, 10:28 AM page 4 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53127 1996/10/10 $2,273.06 E F ANDERSON & ASOC IMPROVEMENTS 9420-4530 152419 OH 1996/10/10 $5,431.00 E F ANDERSON & ASOC IMPROVEMENTS 9420-4530 152505 OH 1996/10/10 $953.18 E F ANDERSON & ASOC OPERATING SUPPLIES 0423-4210 152563 OH <*> $8,657.24* 53128 1996/10/10 $168.00 ELECTRIC SYS OF ANOKA EQUIPMENT MAINTENANCE 0351-4240 6631 OH <*> $168.00* 53129 1996/10/10 $40.02 EMERGITEK CORPORATION EQUIPMENT MAINTENANCE 0351-4240 1262 OH 1996/10/10 $290.53 EMERGITEK CORPORATION EQUIPMENT MAINTENANCE 0321-4240 1264 OH <*> $330.55* 53130 1996/10/10 $1,425.00 ENGRAV BRICK & CEMENT IMPROVEMENTS 6640-4530 003127 OH <*> $1,425.00* 53131 1996/10/10 $206.00 ESI COMMUNICATIONS INC EQUIPMENT MAINTENANCE 0181-4240 9156 OH 1996/10/10 $45.64 ESI COMMUNICATIONS INC EQUIPMENT MAINTENANCE 0181-4240 9156 OH <*> $251.64* 53132 1996/10/10 $41,578.73 F M FRATTALONE EXC & GRDG IMPROVEMENTS 6631-4530 003128 OH <*> $41,578.73* 53133 1996/10/10 $71.57 FACILITY SYSTEMS INC OPERATING SUPPLIES 0151-4210 52463 OH <*> $71.57* 53134 1996/10/10 $659.24 FICZERI, GEORGE M. BUILDING MAINT 0318-4230 208 OH <*> $659.24* 53135 1996/10/10 $41.68 FISCHER AGGREGATES INC OPERATING SUPPLIES 0752-4210 003129 OH <*> $41.68* 53136 1996/10/10 $38.56 FRONT LINE PLUS F & R EQUIPMENT MAINTENANCE 0321-4240 003130 OH 1996/10/10 $85.00 FRONT LINE PLUS F & R OPERATING SUPPLIES 0321-4210 003130 OH <*> $123.56* 53137 1996/10/10 $45.00 GALAXY COMPUTER SERV INC EQUIPMENT MAINTENANCE 0151-4240 25011 OH <*> $45.00* 53138 1996/10/10 $44.98 GALL'S INC OPERATING SUPPLIES 0312-4210 003103 OH <*> $44.98* 53139 1996/10/10 $1,650.93 GCR BELLE PLAINE EQUIPMENT 9780-1640 003104 OH <*> $1,650.93* 53140 1996/10/10 $114 .78 GENUINE PARTS CO EQUIPMENT MAINTENANCE 0441-4240 003157 OH <*> $114.78* 53141 1996/10/10 $6.00 GFOA SUBSCRIPTIONS/PUBLICATION 0151-4435 11969-1 OH 1996/10/10 $16.00 GFOA SUBSCRIPTIONS/PUBLICATION 0151-4435 11969-1 OH <*> $22.00* 53142 1996/10/10 $1,142.50 GME CONSULTANTS INC PROFESSIONAL SERVICES 9438-4310 003105 OH <*> $1,142.50* COUNCIL CHECK REGISTER THU, OCT 10, 1996, 10:28 AM page 5 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53143 1996/10/10 $441.00 GOODWIN BUILDERS C.O. CHARGE PAYABLE 9840-2210 11911 OH 1996/10/10 $387.00 GOODWIN BUILDERS C.O. CHARGE PAYABLE 9840-221.0 12009 OH <*> $828.00* 53144 1996/10/10 $77.53 HI-LINE EQUIPMENT MAINTENANCE 0321-4240 991296 OH <*> $77.53* 53145 1996/10/10 $3,652.16 HOFF BARRY & KUDERER PA PROFESSIONAL SERVICES 6605-4310 003106 OH <*> $3,652.16* 53146 1996/10/10 $83.20 HRDIRECT OPERATING SUPPLIES 0121-4210 296881 OH <*> $83.20* 53147 1996/10/10 $35.82 IMAGE NOW SIGNS OPERATING SUPPLIES 0171-4210 9853 OH <*> $35.82* 53148 1996/10/10 $73.91 IMS/MN OPERATING SUPPLIES 0131-4210 28166 OH <*> $73.91* 53149 1996/10/10 $65.83 IN THE LINE OF DUTY INC OPERATING SUPPLIES 0311-4210 1979-A OH <*> $65.83* 53150 1996/10/10 $39.90 INST. TESTING INC PROFESSIONAL SERVICES 6634-4310 003158 OH 1996/10/10 $1,455.37 INST. TESTING INC PROFESSIONAL SERVICES 6635-4310 003158 OH 1996/10/10 $1,129.46 INST. TESTING INC PROFESSIONAL SERVICES 0411-4310 003158 OH <*> $2,624.73* 53151 1996/10/10 $24.00 INTERNATIONAL GYMNAST SUBSCRIPTIONS/PUBLICATION 0751-4435 003159 OH <*> $24.00* 53152 1996/10/10 $450.00 J SCOTTY BUILDERS C.O. CHARGE PAYABLE 9840-2210 12044 OH <*> $450.00* 53153 1996/10/10 $414.00 KEYLAND HOMES C.O. CHARGE PAYABLE 9840-2210 11913 OH 1996/10/10 $389.70 KEYLAND HOMES C.O. CHARGE PAYABLE 9840-2210 11987 OH 1996/10/10 $450.00 KEYLAND HOMES C.O. CHARGE PAYABLE 9840-2210 11988 OH 1996/10/10 $446.40 KEYLAND HOMES C.O. CHARGE PAYABLE 9840-2210 12030 OH <*> $1,700.10* 53154 1996/10/10 $26.64 KMART OPERATING SUPPLIES 0754-4210 1946-052 01 OH <*> $26.64* 53155 1996/10/10 $99.05 KOEHNENS STANDARD EQUIPMENT MAINTENANCE 0312-4240 003131 OH <*> $99.05* 53156 1996/10/10 $2,121.60 KROMINGA, TERRY PROFESSIONAL SERVICES 0331-4310 003160 OH <*> $2,121.60* 53157 1996/10/10 $390.00 KULLBERG'S TEAM CENTRAL OPERATING SUPPLIES 0753-4210 63189 OH 1996/10/10 $390.00 KULLBERG'S TEAM CENTRAL OPERATING SUPPLIES 0754-4210 63189 OH <*> $780.00* 53158 1996/10/10 $202.09 LATHROP PAINT INC. EQUIPMENT MAINTENANCE 0622-4240 003161 OH <*> $202.09* COUNCIL CHECK ..EGISTER THU, OCT 10, 1996, 10:28 AM page 6 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53159 1996/10/10 $10.00 LEAGUE OF MN CITIES CONFERENCE/SCHOOL/TRAININ 0421-4390 003132 OH <*> $10.00* 53160 1996/10/10 $75.00 LINK, CLARE T PROFESSIONAL SERVICES 0174-4310 003107 OH <*> $75.00* 53161 1996/10/10 $405.00 LOGEAIS, RICH C.O. CHARGE PAYABLE 9840-2210 11897 OH <*> $405.00* 53162 1996/10/10 $570.00 MAINSTREAM CNSLTG GRP INC PROFESSIONAL SERVICES 0172-4310 5727 OH 1996/10/10 $184.25 MAINSTREAM CNSLTG GRP INC OPERATING SUPPLIES 0311-4210 5727 OH <*> $754.25* 53163 1996/10/10 $725.00 MASTER ELECTRIC CO.INC BUILDINGS 9438-4520 003133 OH <*> $725.00* 53164 1996/10/10 $33.97 MCCULLOUGH, ROBIN EQUIPMENT MAINTENANCE 0321-4240 003108 OH <*> $33.97* 53165 1996/10/10 $795.00 METRO LAWN SPRINKLERS INC BUILDINGS 9438-4520 003109 OH <*> $795.00* 53166 1996/10/10 $11.72 MINN COMM INC PROFESSIONAL SERVICES 0121-4310 003162 OH 1996/10/10 $44.74 MINN COMM INC PROFESSIONAL SERVICES 0311-4310 003162 OH 1996/10/10 $5.86 MINN COMM INC PROFESSIONAL SERVICES 0411-4310 003162 OH 1996/10/10 $5.86 MINN COMM INC PROFESSIONAL SERVICES 0171-4310 003162 OH 1996/10/10 $5.86 MINN COMM INC PROFESSIONAL SERVICES 0421-4310 003162 OH 1996/10/10 $5.86 MINN COMM INC PROFESSIONAL SERVICES 0751-4310 003162 OH <*> $79.90* 53167 1996/10/10 $103.02 MINNEGASCO A/P UTILITY SERVICE 9439-4380 003163 OH <*> $103.02* 53168 1996/10/10 $58.20 MINNESOTA, STATE OF OPERATING SUPPLIES 0331-4210 003134 OH <*> $58.20* 53169 1996/10/10 $2.48 MINNESOTA, STATE OF OPERATING SUPPLIES 0311-4210 003135 OH 1996/10/10 $4.10 MINNESOTA, STATE OF OPERATING SUPPLIES 0311-4210 003135 OH <*> $6.58* 53170 1996/10/10 $23.43 MN CHIEFS OF POLICE ASSN OPERATING SUPPLIES 0311-4210 610 OH <*> $23.43* 53171 1996/10/10 $162.66 MN CONWAY FIRE EQUIPMENT MAINTENANCE 0311-4240 003164 OH <*> $162.66* 53172 1996/10/10 $25.00 MN DEPT OF REVENUE MOTOR FUELS & LUBRICANTS 0421-4222 003165 OH <*> $25.00* 53173 1996/10/10 $75.00 MN ELEVATOR INC BUILDING MAINT 0181-4230 90556 OH <*> $75.00* 53174 1996/10/10 $107.36 MN POLICE REC SYS PROFESSIONAL SERVICES 0311-4310 003110 OH <*> $107.36* COUNCIL CHECK REGISTER THU, OCT 10, 1996, 10:28 AM page 7 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53175 1996/10/10 $1,615.66 MN TEAMSTERS #320 UNION DUES PAYABLE 0912-2175 003136 OH <*> $1,615.66* 53176 1996/10/10 $731.93 MN VALLEY RESTORATION INC UTILITY SERVICE 0631-4380 1080 OH <*> $731.93* 53177 1996/10/10 $38.89 MOTOR PARTS OPERATING SUPPLIES 0441-4210 003166 OH 1996/10/10 $257.29 MOTOR PARTS EQUIPMENT MAINTENANCE 0441-4240 003166 OH <*> $296.18* 53178 1996/10/10 $319.55 NATL CAMERA EXC OPERATING SUPPLIES 0312-4210 60817276 OH <*> $319.55* 53179 1996/10/10 $24.19 NORTH STAR TURF INC EQUIPMENT MAINTENANCE 0441-4240 134102 OH <*> $24.19* 53180 1996/10/10 $2,901.00 NORTHLAND MECH CONTRS INC BUILDINGS 9438-4520 003111 OH <*> $2,901.00* 53181 1996/10/10 $396.00 NOVAK-FLECK C.O. CHARGE PAYABLE 9840-2210 11673 OH 1996/10/10 $423.00 NOVAK-FLECK C.O. CHARGE PAYABLE 9840-2210 11956 OH 1996/10/10 $418.50 NOVAK-FLECK C.O. CHARGE PAYABLE 9840-2210 11957 OH 1996/10/10 $360.00 NOVAK-FLECK C.O. CHARGE PAYABLE 9840-2210 12039 OH 1996/10/10 $450.00 NOVAK-FLECK C.O. CHARGE PAYABLE 9840-2210 12062 OH 1996/10/10 $405.00 NOVAK-FLECK C.O. CHARGE PAYABLE 9840-2210 12063 OH <*> $2,452.50* 53182 1996/10/10 $65.76 NSP UTILITY SERVICE 0427-4380 003167 OH 1996/10/10 $130.00 NSP UTILITY SERVICE 0427-4380 003168 OH <*> $195.76* 53183 1996/10/10 $444.97 O S M & ASSOC INC PROFESSIONAL SERVICES 6625-4310 05532.01-11 OH 1996/10/10 $195.00 O S M & ASSOC INC BUILDINGS 9438-4520 96012.03-2 OH 1996/10/10 $195.00 O S M & ASSOC INC BUILDINGS 9438-4520 96012.3-1 OH 1996/10/10 $123.00 O S M & ASSOC INC PROFESSIONAL SERVICES 6631-4310 96050.0-4 OH <*> $957.97* 53184 1996/10/10 $186.76 PARKSIDE PRINT INC PRINTING/PUBLISHING 0311-4350 003169 OH 1996/10/10 $46.01 PARKSIDE PRINT INC PRINTING/PUBLISHING 0331-4350 003169 OH <*> $232.77* 53185 1996/10/10 $121,649.02 PENN CONTRACTING INC IMPROVEMENTS 6640-4530 003137 OH <*> $121,649.02* 53186 1996/10/10 $6.71 POSITIVE IMAGES PROFESSIONAL SERVICES 0312-4310 6285 OH <*> $6.71* 53187 1996/10/10 $23.56 POTTHIER, BARB TRAVEL/SUBSISTENCE 0751-4330 003170 OH <*> $23.56* 53188 1996/10/10 $1,244 .99 PRIDE/TWIN CITIES INC PROFESSIONAL SERVICES 0754-4310 2749 OH 1996/10/10 $257.93 PRIDE/TWIN CITIES INC PROFESSIONAL SERVICES 0181-4310 2749 OH 1996/10/10 $493.10 PRIDE/TWIN CITIES INC PROFESSIONAL SERVICES 0182-4310 2749 OH 1996/10/10 $133.13 PRIDE/TWIN CITIES INC PROFESSIONAL SERVICES 0429-4310 2749 OH COUNCIL CHECK . 2GISTER THU, OCT 10, 1996, 10:28 AM page 8 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53188 1996/10/10 $117.15 PRIDE/TWIN CITIES INC PROFESSIONAL SERVICES 0630-4310 2749 OH <*> $2,246.30* 53189 1996/10/10 $58.80 R & R SPECIALITIES INC EQUIPMENT MAINTENANCE 0753-4240 003171 OH <*> $58.80* 53190 1996/10/10 $19.17 REAL GEM AWARDS OPERATING SUPPLIES 0754-4210 5541 OH 1996/10/10 $74 .55 REAL GEM AWARDS OPERATING SUPPLIES 0751-4210 5872 OH <*> $93.72* 53191 1996/10/10 $118.00 RETRO-FIT RECYCLING UTILITY SERVICE 0181-4380 3570 OH 1996/10/10 $53.10 RETRO-FIT RECYCLING UTILITY SERVICE 0182-4380 3570 OH 1996/10/10 $45.65 RETRO-FIT RECYCLING UTILITY SERVICE 0429-4380 3570 OH 1996/10/10 $63.74 RETRO-FIT RECYCLING UTILITY SERVICE 0318-4380 3570 OH <*> $280.49* 53192 1996/10/10 $19.17 REYNOLDS WELDING OPERATING SUPPLIES 0441-4210 003139 OH <*> $19.17* 53193 1996/10/10 $729.30 RICHARD KNUTSON INC IMPROVEMENTS 6633-4530 003172 OH <*> $729.30* 53194 1996/10/10 $94.46 ROSS JANITORIAL SUPPLY OPERATING SUPPLIES 0181-4210 3162 OH 1996/10/10 $62.64 ROSS JANITORIAL SUPPLY OPERATING SUPPLIES 0754-4210 3162 OH <*> $157.10* 53195 1996/10/10 $54,489.66 SCHARBER & SONS EQUIPMENT 9780-1640 5133 OH <*> $54,489.66* 53196 1996/10/10 $1,100.00 SCHILZ ORN IRON IMPROVEMENTS 0632-4530 6296 OH 1996/10/10 $115.00 SCHILZ ORN IRON OPERATING SUPPLIES 0632-4210 6296 OH <*> $1,215.00* 53197 1996/10/10 $74.98 SCHLEISMAN, FULTON OPERATING SUPPLIES 0331-4210 003112 OH <*> $74.98* 53198 1996/10/10 $274.50 SCHOENING PROPERTIES C.O. CHARGE PAYABLE 9840-2210 12046 OH <*> $274.50* 53199 1996/10/10 $200.00 SCOTT CO EDC ADVERTISING 0191-4340 003140 OH <*> $200.00* 53200 1996/10/10 $9.50 SCOTT CO RECORDER OPERATING SUPPLIES 0411-4210 003173 OH <*> $9.50* 53201 1996/10/10 $6.65 SCOTT CO TREASURER FILING FEES 0131-4316 003141 OH <*> $6.65* 53202 1996/10/10 $260.00 SEAL-TREAT INC BUILDINGS 9438-4520 003113 OH <*> $260.00* 53203 1996/10/10 $44.23 SHAKOPEE CHEV INC EQUIPMENT MAINTENANCE 0321-4240 003114 OH <*> $44.23* COUNCIL CHECK REGISTER THU, OCT 10, 1996, 10:28 AM page 9 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53205 1996/10/10 $11,800.00 SHAKOPEE PUBLIC UTL COMM WATER CONNECTS 0913-2072 003174 OH 1996/10/10 $7,465.00 SHAKOPEE PUBLIC UTL COMM WATER METERS 0913-2073 003174 OH 1996/10/10 $38 .66 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0351-4380 003174 OH 1996/10/10 $1, 038 .99 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0427-4380 003174 OH 1996/10/10 $2,272.74 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0181-4380 003174 OH 1996/10/10 $750.51 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0182-4380 003174 OH 1996/10/10 $404.01 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0321-4380 003174 OH 1996/10/10 $968.64 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0311-4380 003174 OH 1996/10/10 $2, 068.02 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0421-4380 003174 OH 1996/10/10 $312.50 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0622-4380 003174 OH 1996/10/10 $2,886.41 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0624-4380 003174 OH 1996/10/10 $4,411.29 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0628-4380 003174 OH 1996/10/10 $3,672.25 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0752-4380 003174 OH 1996/10/10 $4,369.83 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0753-4380 003174 OH 1996/10/10 $2,352.98 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 0754-4380 003174 OH 1996/10/10 $330.75 SHAKOPEE PUBLIC UTL COMM UTILITY SERVICE 9439-4380 003174 OH <*> $45,142.58* 53206 1996/10/10 $2.25 SHAKOPEE TRUE VALUE BUILDING MAINT 0182-4230 003142 OH 1996/10/10 $28 .90 SHAKOPEE TRUE VALUE BUILDING MAINT 0752-4230 003142 OH 1996/10/10 $3.24 SHAKOPEE TRUE VALUE OPERATING SUPPLIES 0751-4210 003142 OH <*> $34 .39* 53207 1996/10/10 $29.14 SNAP-ON TOOLS CORP OPERATING SUPPLIES 0621-4210 21296 OH <*> $29.14* 53208 1996/10/10 $3.35 SNYDER DRUG - SHAKOPEE PROFESSIONAL SERVICES 0311-4310 003143 OH 1996/10/10 $20.57 SNYDER DRUG - SHAKOPEE PROFESSIONAL SERVICES 0312-4310 003143 OH 1996/10/10 $11.14 SNYDER DRUG - SHAKOPEE PROFESSIONAL SERVICES 6625-4310 003143 OH 1996/10/10 $14.06 SNYDER DRUG - SHAKOPEE OPERATING SUPPLIES 0321-4210 003143 OH 1996/10/10 $11.27 SNYDER DRUG - SHAKOPEE OPERATING SUPPLIES 0754-4210 003143 OH 1996/10/10 $8.07 SNYDER DRUG - SHAKOPEE OPERATING SUPPLIES 0753-4210 003143 OH <*> $68.46* 53209 1996/10/10 $435.00 SOUTHWEST SUBURBAN INC ADVERTISING 0742-4340 003175 OH 1996/10/10 $435.00 SOUTHWEST SUBURBAN INC ADVERTISING 0142-4340 003175 OH 1996/10/10 $105.92 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 0428-4350 003175 OH 1996/10/10 $95.88 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 6628-4350 003175 OH 1996/10/10 $88.21 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 6634-4350 003175 OH 1996/10/10 $80.54 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 6620-4350 003175 OH 1996/10/10 $42.19 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 6642-4350 003175 OH 1996/10/10 $57.53 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 6643-4350 003175 OH 1996/10/10 $1,192.31 SOUTHWEST SUBURBAN INC PRINTING/PUBLISHING 0131-4350 003175 OH 1996/10/10 $116.00 SOUTHWEST SUBURBAN INC ADVERTISING 0753-4340 003176 OR 1996/10/10 $116.00 SOUTHWEST SUBURBAN INC ADVERTISING 0754-4340 003176 OH <*> $2,764.58* 53210 1996/10/10 $160.97 SPS COMPANIES BUILDING MAINT 0752-4230 2598399 OH 1996/10/10 $539.27 SPS COMPANIES BUILDING MAINT 0311-4230 2605128 OH <*> $700.24* 53211 1996/10/10 $64.96 STARKS CLEANING INC BUILDING MAINT 0182-4230 003177 OH 1996/10/10 $50.30 STARKS CLEANING INC BUILDING MAINT 0754-4230 003177 OH 1996/10/10 $100.96 STARKS CLEANING INC BUILDING MAINT 0181-4230 003177 OH *To'0£Z$ <*> HO 8TTE00 OTZb-TSLO SSIZddIIS ONIZKHSdO SZHOdS )�SZZVA TO'OEZ$ OT/OT/966T bZZES *OZ'6b$ <*> HO L660T OEZb-TSTO LNIVW ONIMMEI SHOZOW OIHZOSZS xSZZVA OZ'6b$ OT/OT/966T EZZES *£T'60T$ <*> HO 6LTE00 TZEb-TSTO SNOHdSZSS SNOIZVOIIWWOO ZSSM S II ET'60T$ OT/OT/9661 ZZZES *E8'L89'Z$ <*> HO 8LTE00 TZEb-bSLO SNOHdSZHS MOO ZSSM S n bT'STS$ OT/OT/966T HO 8LTE00 TZEb-ESLO SNOHdSZSS WWOO ZSHM S n ES'EST$ OT/OT/966T HO 8LTE00 TZEb-TT£0 SNOHdSZSS WWOO ZSSM S II Ob'b89$ 01/O1/966T HO 8LTE00 TZEb-ZOTO SNOHdSZSS WWOO ZSSM S II bZ'8TT$ OT/OT/966T HO 8LTE00 TZEb-TZEO HNOHdHZSS WWOO ZSHM S n LT'ZTT$ 01/O1/966T HO 8LIE00 TZEb-TZbO HNOHdHZHS MOO ZSSM S n 6T'EEZ$ OT/OT/966T HO 8LTE00 TZEb-T9TO HNOHdHZSS MOO ZSHM S II 8Z'88$ 01/OT/966I HO 8LT£00 TZEb-TSTO SNOHdHZSS WWOO ZSSM S n 8Z'88$ 01/OT/966T HO 8LTE00 TZEb-TEEO SNOHdHZSS WWOO ZSHM S n 88'Z6$ OT/OT/966T HO 8LTE00 TZEb-TTbO SNOHdHZSS WWOO ZSSM S n L9'SZZ$ OT/OT/966T HO 8LTE00 TZEb-TLTO SNOHdHZSS WWOO ZSHM S n 8Z'88$ 01/OT/9661 HO 8LTE00 TZEb-TZTO SNOHdHZSS WWOO ZSHM S II bT'68$ OT/OT/966T HO 8LTE00 TZEb-TTTO SNOHdSZSS WWOO ZSSM S n LO'ZZ$ OT/OT/966T HO 8LTE00 TZEb-TETO SNOHdSZHS WWOO ZSSM S n bT'bb$ OT/OT/966T HO 8LT£00 TZEb-TOTO SNOHdHZSZ WWOO ZSSM S II Zb'ZET$ OT/OT/966T TZZES *90'T9T$ <*> HO LTT£00 06Eb-TEEO NINI`dHS/ZOOH3S/H3NHH9dNOJ SASZS 'dHOHS 90'T9T$ OT/O1/9661 6TZES *00'EL$ <*> HO 9TTE00 ZZ9£-6SL0 SZNHH xWV 'NOSdWOHS 00'EL$ OT/OT/966T 8TZES *OS'T9$ <*> HO T9T6E OTZb-£SLO SSIZddIIS ONIZKHSdO VXSVHO dO OD SVOOWHSHZ OS'T9$ OT/O1/9661 LTZES *00'OSb$ <*> HO E66TI OTZZ-0686 HZHVxVd SOHVHO 'O'D SHWOH ZSSNnS 00'OSb$ OT/OT/966T 9TZES *OS'9Eb$ <*> HO T06TT OTZZ-Ob86 HrIHVXVd SOHVHO 'O'O 7,vP 'vuxls OS'9Eb$ OT/OT/9661 SIZES *00'OZ$ <*> HO STTE00 ZZ9E-bSLO SSNHH HNHZSH 'HSZZOZS 00'OZ$ OT/OT/966T bTZES *L9'06$ <*> HO ETOZE ObZb-£ELO SONVNSZNIVW ZNSWdInbH ONI AHSS SHIZ SxdIIS HASZS L9'06$ OT/OT/966T ETZ£S *00'OSb$ <*> HO LLBTT OTZZ-Ob86 HgUVXVd SOHVHO 'O'O SHSGrIME QNVMNISZS 00'OSb$ 01/O1/966T ZTZ£S *T8'8bZ$ <*> HO LLTE00 OEZb-8290 LNIVW ONIQZInH ONI ONINVSrIO SXHVZS LT'6T$ OT/OT/966T HO LLTE00 0£Zb-b8T0 LNIVW ONIM MEI ONI ONINVS'lO SXHVZS ZV ET$ 01/OT/966T TTZES ------------------------------------------------------------------------------------------------------------------------------------ ZVIINVW HSHWIIN ON HOIOANI HSEWIIN NOIZdIHOSSQ HOQNSA LNIIOWV XOSHO HZVQ XOSHO ON XOSHO Od SNnOOOV OT abed WV 8Z:O1 '966T 'OT 130 'nHS HHZSIOSu xOSHO ZIONnOO COUNCIL CHECK REGISTER THU, OCT 10, 1996, 10:28 AM page 11 ACCOUNT PO CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL ------------------------------------------------------------------------------------------------------------------------------------ 53225 1996/10/10 $1,000.00 VANCON INC PROFESSIONAL SERVICES 0632-4310 47 OH <*> $1,000.00* 53226 1996/10/10 $10,298.00 VI-CON INC IMPROVEMENTS 6641-4530 003144 OH <*> $10,298.00* 53227 1996/10/10 $293.97 VOXLAND, GREGG TRAVEL/SUBSISTENCE 0151-4330 003145 OH <*> $293.97* 53228 1996/10/10 $5,442.52 VPSI INC UTILITY SERVICE 0143-4380 003119 OH <*> $5,442.52* 53229 1996/10/10 $284.78 WASTE MANAGEMENT INC UTILITY SERVICE 0628-4380 003120 OH 1996/10/10 $63.78 WASTE MANAGEMENT INC UTILITY SERVICE 0311-4380 003120 OH 1996/10/10 $206.05 WASTE MANAGEMENT INC UTILITY SERVICE 0421-4380 003120 OH 1996/10/10 $80.94 WASTE MANAGEMENT INC UTILITY SERVICE 0181-4380 003120 OH 1996/10/10 $50.53 WASTE MANAGEMENT INC UTILITY SERVICE 0321-4380 003120 OH 1996/10/10 $65.44 WASTE MANAGEMENT INC UTILITY SERVICE 0182-4380 003120 OH 1996/10/10 $17.04 WASTE MANAGEMENT INC UTILITY SERVICE 0184-4380 003120 OH 1996/10/10 $371.17 WASTE MANAGEMENT INC UTILITY SERVICE 0631-4380 003120 OH 1996/10/10 $14.88 WASTE MANAGEMENT INC UTILITY SERVICE 0752-4380 003120 OH 1996/10/10 -$193.16 WASTE MANAGEMENT INC UTILITY SERVICE 0622-4380 003120 OH 1996/10/10 $112.63 WASTE MANAGEMENT INC UTILITY SERVICE 0753-4380 003120 OH <*> $1,074.08* 53230 1996/10/10 $45,858.69 WASTE MANAGEMENT INC UTILITY SERVICE 0741-4380 003146 OH <*> $45,858.69* 53231 1996/10/10 $357.84 WHEELER LUMBER OP INC OPERATING SUPPLIES 9420-4210 003147 OH <*> $357.84* 53232 1996/10/10 $6.22 YARUSSOS HDW CO OPERATING SUPPLIES 0311-4210 003148 OH 1996/10/10 $3.40 YARUSSOS HDW CO OPERATING SUPPLIES 0171-4210 003148 OH 1996/10/10 $39.54 YARUSSOS HDW CO OPERATING SUPPLIES 0331-4210 003148 OH 1996/10/10 $69.57 YARUSSOS HDW CO OPERATING SUPPLIES 0411-4210 003148 OH 1996/10/10 $173.18 YARUSSOS HDW CO OPERATING SUPPLIES 0321-4210 003148 OH 1996/10/10 $67.85 YARUSSOS HDW CO OPERATING SUPPLIES 0622-4210 003148 OH <*> $359.76* 53233 1996/10/10 $73.08 ZEP MFG CO OPERATING SUPPLIES 0441-4210 003121 OH <*> $73.08* $886,120.41* COUNCIL CHECK SUMMARY THU, OCT 10, 1996, 10:28 AM page.1 ----------------------------------------------------------------------------------------------------------------------------------=- FUND # 001 GENERAL FUND $128,055.25 FUND # 114 TRANSIT $5,877.52 FUND # 115 EDA $200.00 FUND # 420 PARK RESERVE FUND $8,061.90 FUND # 421 CAPITAL IMPROVEMENT FUND $56,272.75 FUND # 437 1994/95 IMPROVEMENT $47,881.98 FUND # 438 CIVIC CENTER $15,503.50 FUND # 439 BLOCKS 3 & 4 $446.62 FUND # 440 1996 IMPROVEMENT PROJECTS $261,212.81 FUND # 710 SANITARY SEWER UTILITY $112,313.53 FUND # 730 STORM DRAINAGE UTILITY $123,164.69 FUND # 740 REFUSE FUND $46,302.28 FUND # 750 RECREATION FUND $14,990.39 FUND # 780 INTERNAL SERVICE FUND $56,140.59 FUND # 840 ESCROW $9,696.60 $886,120.41* Complete Energy Solutions,LLC P.O.Box 65 Crystal Bay,MN ENERGY 55323-0065 612.471.8733 telephone facsimile available October 1, 1996 Mr. Terrence O'Toole The Honorable Mayor Henderson President, Shakopee Public Shakopee City Hall Utilities Commission 129 Holmes Street South 1030 Fourth Avenue East Shakopee, MN 55379 Shakopee, MN 55379 Dear$if's-,-C4a1-1- I am writing to you to tender my resignation, effective immediately, from the Shakopee Public Utilities Commission(SPUC), though I do so reluctantly. Due to changes in the focus of my consulting work, and because of the strict interpretation by the State of Minnesota regarding potential conflicts of interest, I feel it is best to do so. As you may recall from our conversations about my background, I currently have a consulting business that was founded in 1994. I provide environmental, strategic and management consulting services to a number of industries, including the utility sector. Over this period I have also been meeting and working with six other energy experts, each with their own consulting business. We provide services to one another on a variety of projects, and have used these projects as an opportunity to exchange referrals and stay current with developments in the energy industry. Over the last year, my associates and I have seen the energy industry change significantly as more energy options become available for customers, and as utilities grow much more aggressive about protecting existing markets and raiding other systems for new ones. Recently, it became clear that we could help customers understand the competitive opportunities caused by these changes in the industry, and also help utilities re-focus to deal with competitive forces and cope with the shifting expectations of customers. In December of 1995, we began the process of establishing a new company to provide energy consulting services. That company is now operating "full swing"; we are serving several large energy users as clients and working with a Wisconsin energy marketer to consult with municipal utilities along the Minnesota/Wisconsin border. Commission President O'Toole October 1, 1996 The Honorable Mayor Henderson Page 2 of 2 My concern is that other parties may see a conflict in my advising other utilities who(someday at least) might be regarded as competitors. There are also situations evolving in which I may have an opportunity to consult with local businesses that could become SPUC customers, or circumstances in which my associates might want to provide energy consulting to SPUC. I reviewed the history of the case involving Mr. Kephart (December, 1990) and discussed Minnesota laws on conflict of interest with Mr. Krass, SPUC's attorney on these matters, and Lou Van Hout, SPUC's manager. Based on the these discussions, I believe it is in the best interest of everyone for me to step aside and resign my position as Commissioner. I have endeavored to help the city, the Commission and Lou by providing my knowledge and relevant experience in the electric utility industry. I can also say that I have thoroughly enjoyed working with everyone involved. We are fortunate to have such a hard working team at SPUC and City Hall, dedicated to serving the citizens of Shakopee. I hope that others on the Commission and the City Council have seen value in my contribution. If there has been value in this process, I would look forward to working with SPUC in the future, though it may be in a different relationship. I apologize for any inconvenience or difficulty this decision may create for either of you or your organizations: it is the last thing I want to do. However, with a city government organization like SPUC, I believe that legal precedents and limitations on public office holders must be observed, and that even the appearance of a conflict must be avoided. If you feel it is appropriate, I would be happy to discuss my decision and the related issues at your convenience. In any event, let me take this opportunity to wish each of you and the City the best in the future. Sincerely, G� Joseph L. Wolf cc: Lou Van Hout Councilmembers DuBois, Link, Sweeney and Zorn CES file ACTION REQUESTED: Move to accept the resignation of Joseph Wolf from the Shakopee Public Utilities Commission with regrets . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Vacation of Right-of-Way DATE: October 15, 1996 Discussion The City has received a petition from Thomas Doll for the vacation of right-of-way. This right-of-way is located west of and adjacent to Lot 6, Block 3, P& V 2nd Addition. The right-of-way measures 33 feet in width and 140 feet in length. A copy of the October 3, 1996,Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the vacation request(Alternative No. 1). Action Requested Offer Resolution No. 4537, A Resolution Approving the Vacation of Right-of-Way located in P & V 2nd Addition, and move its approval. Julie Klima Planner I i Acoimndev\cc\1996\cc 1015\vacdoll.doc RESOLUTION NO. 4537 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING RIGHT-OF-WAY IN P& V 2ND ADDITION WHEREAS, right-of-way has been dedicated measuring 33 feet in width and 140 feet west of and adjacent to Lot 6, Block 3, P & V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that this right-of-way serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of October, 1996; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in P & V 2nd Addition, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: (1) the right-of-way measuring 33 feet in width and 140 feet in length, located west of and adjacent to Lot 3, Block 6; and 3. That the right-of-way described above is hereby vacated; and 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Al CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Vacation of Right-of-Way DATE: October 3, 1996 Site Information: Applicant: Thomas Doll Location: West of and adjacent to Lot 6, Block 3, P & V 2nd Addition Current Zoning: East of right-of-way: Urban Residential (R-1B) West of right-of-way: Urban Residential (R-1B) Adjacent Zoning: North: R-1B Urban Residential South: R-1B Urban Residential East: RAB Urban Residential West: RAB Urban Residential Comp. Plan: Draft 1995: Single Family Residential NIUSA: The site is within the'NIUSA and can be served by all municipal utilities. Introduction The City has received a petition from Thomas Doll for the vacation of right-of-way. This right-of-way is located west of and adjacent to Lot 6, Block 3, P & V 2nd Addition. The right- of-way meausures 33 feet in width and 140 feet in length. The City Council will hold a public hearing on October 15, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Also attached (as Exhibit B) is an illustration which shows the location of the right-of-way that is being proposed for vacation. Thomas Doll is the property owner of Lot 6, Block 3, P & V 2nd Addition. Exhibit C is a copy of the letter submitted by the applicant. Other agencies and city departments have reviewed this application information and staff has not received any opposition to this request. The City Attorney has noted that it is unclear from the application who would get title to the property, if it is vacated. He has noted that a title examination will ultimately make the final determination. The draft 1995 Comprehensive Plan has designated this area as Single Family Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of right-of-way. 2. Recommend to the City Council to deny the request to vacate the right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation Staff recommends that the Planning Commission recommend approval of the vacation of right- of-way, to the City Council (Alternative No. 1), subject to the following conditions: 1. That the vacation does not affect the existing 100' Nfamegasco easement for the high pressure transmission line. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the right-of- way, subject to conditions. Julie Klima Planner i Acommdev\boaa-pc\1996\oct03 pc\vacrdoI1.doe ,• � mr.e�rrr i _ 3333 i,; .• tt. 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Cl�rt.l�r \.,� ,.�•ir�.! 7 :��',�'r' 4YJ�>��"l �J°::`1:]C' ':,rt.';'':!.l'��.1•: I, tit' •I.n h57•t , ell .` Y eF • i.t�.tl 1.11'rn fir\ �r1 U1 �• .. 1 �l \r Jf r•� •.i !Y IX If- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Planner I SUBJECT: Vacation of Utility Easement DATE: October 10, 1996 Discussion: The City has received a petition from Valley Green Business Park to vacate certain utility easements in connection with its platting of Valley Park 13th Addition. A copy of the October 3, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. In discussions with the City Clerk, a concern has been raised regarding the approval of a resolution with a condition subsequent, i.e. in this case that the vacation would take effect only after SPUC and the applicant reach agreement about the relocation of SPUC utilities. For that reason, staff is suggesting that the Council not act on a resolution until just prior to the approval of the final plat of Valley Park 13th Addition, by which time the physical relocation of SPUCs overhead lines is expected to be resolved. Alternatives: 1. Approve the vacation request, and direct staff to prepare an bring back to the Council a resolution prior to the approval of the Final Plat of Valley Park 13th Addition. 2. Do not approve the vacation request, stating reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended the approval of the vacation request(Alternative No. 1). CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Vacation of Utility Easement within Tracts G, H and I of Registered Land Survey#134 DATE: October 3, 1996 Site Information: Applicant: Valley Green Business Park Location: North of County Road 16 and Dean Lake Current Zoning: Heavy Industrial (1-2) Adjacent Zoning: North: Heavy Industrial (1-2) South: Heavy Industrial (I-2) East: Heavy Industrial (1-2) West: Heavy Industrial (I-2) Highway Commercial (B-1) Comp. Plan: 1995: Industrial NIUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction: The City has received a petition from Valley Green Business Park to vacate certain utility easements in connection with its platting of Valley Park 13th Addition. Please see attached exhibit. The City Council will hold a public hearing on October 15, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion: Other agencies and city departments have reviewed this application information. SPUC has requested that the request be denied until relocation of its overhead lines is negotiated. Staff has recommended that the vacation be conditioned on the completion of those negotiations. The draft 1995 Comprehensive Plan has designated this area as Industrial. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives: 1. Recommend to the City Council the approval of the vacation of utility easement. 2. Recommend that the City Council deny the request to vacate the utility easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the vacation of utility easement, to the City Council (Alternative No. 1), subject to the following condition: The vacation would not become effective until agreement has been reached regarding the relocation of all utilities, including SPUC's overhead lines, within the plat of Valley Park 13th Addition. Action Requested: Offer a motion to recommend to the City Council the approval of the vacation of the utility easement, subject to conditions. rk� R. Michaek Acting Community Development Director &Va1Lcy_GrCCn BUSINESS PARK August 12,1996 Community Development Director CITY OF SHAKOPEE 129 South Holmes Street Shakopee,MN 55379 Re: Utility Easement Vacation Dear Sir/Madam We are submitting the attached request for the vacation of a utility easement which currently lies within Tracts G,H,and I of RLS#134 with our application for the plat of Valley Park 13th Addition. The design of this plat dictates a relocation of this Shakopee Public Utilities transmission line to a different location that where it currently exists to provide for buildability on those lots affected by the existing easement.We have corresponded with Lou Van Hout and are discussing realigning this transmission line to an alternate location. The location being considered is within the new right-of-way proposed in the plat and within drainage and utility easements that will be granted in the plat around Outlot A. In previous easement vacation actions we have undertaken,there has been a condition to provide for relocation of any utilities in the vacated easement prior to the vacation being effective. We would see that this could possibly be the case with this action as well,so as to give Valley Green,as the developer,the approval to move forward with the plat and the vacation while at the same time understanding that the relocation of the utility will not take place until negotiations with SPUC are completed and development of the plat is undertaken. We are copying SPUC with this correspondence and vacation request. We understand that copies of the plat documents and the engineering documents for the Valley Park 13th development will be forwarded to SPUC by the City for their review and comment prior to Planning Commission and Council action. We have, therefore,not forwarded any of that information with the copy of this letter believing the City will do so with our plat application. If you are in need of additional information relative to this request,please let us know and we will be happy to provide it Your processing of our request is appreciated. Respectfully, AL GREEN INESS PARK on R.Albinso Project Director JRA:jmc Enclosure cc: Lou Van Hout-Shakopee Public Utilities(w/encl.) (vo 1 3\am3) - _ - _ _ _ . -acs;n,;;e (6 12) .145-9372 11A _ O ui 0 o( -.y 2, -+ Ill Y 1 1„ ,.1 'A! ,! ;� •V lyl � l• , 1 1 m In I , c x It 'a 1 5--- I 1 1�, lot. . OpAm1v MIWI MI it Ip I - 777 ` ,,•• 1 1 r••� , i , :1 �y',�� ��/4�- r tom•1' 1 Y I♦ 1 \I 1�' 1 ' '� � ',/` i/~fir ��� r� 1�/ ~%�'�t:Jrt. �I 1 �'/', ��1 ' 1 ��'1 i. ( 1`.S i p�'•. �� � ,"\�' ,' f�; , •�! r ''i..,1 t-'� ,,,�.• /`1 I .+ i i t '''', 1(,�.{� � 1 i�. •, � ) ', t { , 9 1 � v, `r � I r�'�� �-.: i1 •1 v.(.' rf JV"' 11 \.1,,, - /,. ` 'Y ", n" , vM 1.1Y tK MINE 1 I I 1R.1� i � Ir i'�.>1.E` t �.i t I.i � �;`� y � 1 1 .! 11• • i � M ,{��`-„� j■:� � � L�' I+ ': .� 1.41 ' / (' �' It 7. It j tl� 1 ( r . l f� }�; 1 y 1 r , 1,r� J + /t• It IN lie f It CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for 17th Avenue and Sarazin Street, Street and Storm Sewer Improvements Storm Sewer Outlet for St. Francis Hospital Site,Project No. 1996-1 DATE: October 15, 1996 INTRODUCTION: Attached is Resolution No. 4541, which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed except for minor punch list items and all project costs identified. The final project costs are $805,160.77, which consists of construction costs, right-of- way costs, watermain oversizing costs and engineering/administration costs. Of this total amount, $434,760.31 is proposed to be assessed, $9,053.70 will be funded by Shakopee Public Utilities Commission for oversizing costs, $2,106.95 from Scott County for storm sewer oversizing and $359,239.81 will be funded by the City utilizing the Capital Improvement Fund/Municipal State Aid. The assessment roll for this project is attached for Council review and approval. ALTERNATIVES: 1. Adopt Resolution No. 4541. 2. Deny Resolution No. 4541. 3. Table Resolution No. 4541. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4541, A Resolution Adopting Assessments for 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1 and move its adoption. Bruce Loney Public Works Director BL/pmp MEM4541 RESOLUTION NO. 4541 A Resolution Adopting Assessments For 17th Avenue, From County State Aid Highway 17 To Sarazin Street; And Sarazin Street, From St. Francis Avenue To 17th Avenue Project No. 1996-1 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Construction of a street,curb&gutter, storm sewer, watermain, sidewalk and appurtenant work on 17th Avenue, from County State Aid Highway 17 to Sarazin Street; and Sarazin Street, from St. Francis Avenue to 17th Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1997 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PROPOSED ASSESSMENTS FOR SARAZIN STREET AND 17 AVENUE IMPROVEMENTS SEPTEMBER.1996 REVISED 10110196 P.I.D. PROPERTY LEGAL FRONT STREET SIDEWALK ACRE STORM SEWER ACRE WATERMAIN TOTAL OWNER DESCRIPTION FOOT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT 27-194001-0 St.Francis Regional Medical Center Lot 1 Blk 1 St.Francis Medical Campus 1202.01 279.571.33 $12,725.01 18.22 $26.025.51 0.00 $0.00 $118,321.85 325 5th Avenue West Lying S.of W.Ext.of N.Line Lot 6 Bik 1 Shakopee,MN.55379 6 Lying E.of Line 14'W.of W.Line of Lot 6 27.194002-0 Park NioDlWt Medical Center Lot 2 Blk 1 0.00 50.00 $0.00 414 $6,770.63 0.00 $0.00 $6,770.63 38W Park Nlcollel Blvd. St.Francis St.Louis Park MN 55416 Medical Campus 27-194003-0 SL Francis Regional Medical Center Lot 3 Block 1 0.00 $0.00 SO.00 0.62 $885.61 0.00 SO.DO $885.61 325 5th Avenue West St.Francis Shakopee,MN.55379 Medical Campus 27-194004-0 SL Francis Regional Medical Center Lot 4 Block 1 506.41 $33,523.61 $5,361.08 6.59 $9,413.18 5.50 $16,622.13 564,920.00 325 5th Avenue West St.Francis Shakopee.MN.55379 Medical Campus 27.194005-0 Health Dimensions Inc. Lot 5 Blk 1 St.Francis Medical Center 200.19 $13,252.29 $2,119.30 4.04 $5,770.75 0.00 $0.00 $21,142.34 1995 East Rum River Drive S. 6 S.1 r of Lot 6 Fx.P/O Lot 5 Lying N.of Cambridge MN 55008 W.Ext.of N Line Of S 17'01 Lot 6 Blk 1 6 Lying E.of Line 14'W of W.Line of Lot 6 27-917004-0 US Home Corporation N 30A of W 112 SW 114,1 Rod Strip on W 627.00 $41,506.50 SO.00 30.00 $42,852.10 5.50 $16.622.13 $100,980.72 8421 Wayzata Blvd. Line of W 112 SW 114 d SW 1/4 NW 114 Golden Valley.Mn.55426 Section 17,Township 115,Range 22 27-917025-0 Sharon C.Bemhagen NW 1/4 NW 1/4 EX.N 8' 606.00 $40,116.33 20.00 0.00 $0.00 0.00 $0.00 540,116.33 11060 Oregon Curve Sect.17,T115.R22 Bloomington.Mn. 55438 27.918007-0 Sharon C.Bemhagen Seq.18,T115.R22 400.00 526,479.42 $0.00 0.00 S0.D0 0.00 SO.DO 526,479.42 11080 Oregon Circle S 330'of W 450'In N 1/2 NE 114 NE Bloomington.Mn. 55438 NE 114 Ex N 8'Ex 22A Road 27-918008-0 Sharon C.Bemhagen N 112 NE 1/4 NE 1/4 EX N 8'&EX 833.00 555,143.40 $0.00 0.00 $0.00 0.00 $0.00 $55.143.40 11060 Oregon Circle S 330'of W 450'Ex.45A Road Bloomington.Mn. 55438 Seq.18,T115.R22 4374.61 $289,592.89 $20,205.39 64.21 $91,717.78 11.00 $33,244.25 $434,760.31 STREET COST PER FRONT FOOT $66.20 SIDEWALK COST I FRONT FOOT $10.59 STORM SEWER COST/ACRE $1,428.40 WATERMAIN COST/ACRE 23,022.20 t-� cip CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for St. Francis Sanitary Sewer and Watermain, Project No. 1995-2 DATE: October 15, 1996 INTRODUCTION: Attached is Resolution No. 4540, which adopts the assessments for the above referenced proj ect. BACKGROUND: This St. Francis Sanitary Sewer and Watermain Project has been completed and all project costs identified. The final project costs are $450,406.33 which consists of construction costs, right-of-way costs, engineering/administration costs and trunk water charge costs. Of the total amount, $156,719.98 is proposed to be assessed, $170,023.57 will be funded by Shakopee Public Utilities Commission for oversizing costs and $123,572.78 will be paid for by the City of Shakopee. The City's payment is for the trunk sanitary sewer project, and the City pays for the trunk sewer upfront and development pays a trunk charge to reimburse the fund. The assessment roll for this project is attached for Council review and approval. ALTERNATIVES: 1. Adopt Resolution No. 4540. 2. Deny Resolution No. 4540. 3. Table Resolution No. 4540. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4540, A Resolution Adopting Assessments for St. Francis Regional Medical Center Sanitary Sewer and Trunk Watermain, Project No. 1995-2 and move its adoption. Bruce Loney Public Works Director BL/pmp MEM4540 RESOLUTION NO. 4540 A Resolution Adopting Assessments For St. Francis Regional Medical Center Sanitary Sewer And Trunk Watermain Project No. 1995-2 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of. Installation of sanitary sewer and watermain for the St. Francis Regional Medical Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1997 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PROPOSED ASSESSMENTS FOR ST. FRANCIS WATERMAIN IMPROVEMENTS SEPTEMBER, 1996 TRUNK WATER P.I.D. PROPERTY LEGAL CHARGE ASSESSMENT LATERAL ASSESSMENT TOTAL OWNER DESCRIPTION ACRES ASSESSMENT FRONTAGE ASSESSMENT ASSESSMENT 27-907013-0 EUGENE F HAUER SE 1/4,SE 1/4 EX S 8&EX PARCEL 61A 11.61 $8,266.32 632.00 $27,300.09 $35,566.41 2088 HAUER TRAIL MN DOT P70-5 AND 70-6 SHAKOPEE, MN. 55379 SECTION 7 TOWNSHIP 115 RANGE 22 27-907015-1 RENDER DEVELOPMENT INC. NE 1/4 SE 1/4 LYING S.OF CL OF 17.52 $12,474.24 578.00 $24,967.48 $37,441.72 5120 EDINA INDUSTRIAL BLVD. VIERLING DR EX HWY EDINA, MN. 55435 SECTION 7 TOWNSHIP 115 RANGE 22 27-907040-0 GARY E&GREGORY J KERKOW S 8'OF E 1320' OF SE 1/4 EX 0.29 $206.48 8.00 $345.57 $552.05 605 SOMMERVILLE ST.S. MN DOT PLAT 70-5#62 SHAKOPEE, MN. 55379 SECTION 7 TOWNSHIP 115 RANGE 22 27-908036-0 GARY E&GREGORY J KERKOW S 330' OF W 330' OF SW 1/4 SW 1/4 6.02 $4,286.24 328.00 $14,168.40 $18,454.64 605 SOMMERVILLE ST.S. EX S.33' SHAKOPEE, MN. 55379 SECTION 8 TOWNSHIP 115 RANGE 22 27-908039-0 EUGENE F HAUER SW 1/4,SW 1/4 EX S 33'&EX S 5.88 $4,186.56 320.00 $13,822.83 $18,009.39 2088 HAUER TRAIL 330'OF W 330' (EX PARCEL 61A SHAKOPEE, MN. 55379 MN DOT 70-5&70-6) SECTION 8 TOWNSHIP 115 RANGE 22 27-917025-0 SHARON C BERNHAGEN NW 1/4,NW 1/4 EX. N.8' 7.53 $5,361.36 410.00 $17,710.50 $23,071.86 11080 OREGON CURVE SECTION 17 TOWNSHIP 115 RANGE 22 BLOOMINGTON, MN. 55438 27-917028-0 GARY E&GREGORY J KERKOW N 8'OF NW 1/4,NW 1/4 0.29 $206.48 8.00 $345.57 $552.05 605 SOMMERVILLE ST.S. SECTION 17 TOWNSHIP 115 RANGE 22 SHAKOPEE, MN. 55379 27-918008-0 SHARON C BERNHAGEN N 1/2 NE 1/4 NE 1/4 EX N 8'&EX 7.53 $5,361.36 410.00 $17,710.50 $23,071.86 11080 OREGON CURVE S 330'OF W 450'EX.45A ROAD BLOOMINGTON, MN. 55438 SECTION 18 TOWNSHIP 115 RANGE 22 56.67 $40,349.04 2694.00 $116,370.94 $156,719.98 TRUNK AREA ASSESSMENT/ACRE_ $712.00 LATERAL ASSESSMENT/FRONT FOOT= $43.20 N 4 b z i6' un i 0 gob _�r - TILL hb - � - �� o - 6ZO gob ff MI6 l October 15, 1996 To Judith S. Cox, City Clerk, City of Shakopee re: proposed special assessments We the owners of the following described real property; That part of the NE '/ of the SE Y4 of Section 7,Township 115, Range 22 Scott County, Minnesota, which lies South of the centerline of Vierling Drive. Except Parcel 61 Minnesota Department of Transportation Right of Way Plat # 70-5. Hereby object to the amount of the proposed assessment to this parcel for Project # 1195-2. Render-Banks Limited Paernership Gtiir�`7 b J mes D Render, Partner RECEIVED w 1 51996 Acceepted by CITY OF SHAKOPEE This 15th day of October on behalf of the City of Shakopee. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for County State Aid Highway 15 (Adams Street), from Vierling Drive to 6th Avenue, Project No. 1994-13 DATE: October 15, 1996 INTRODUCTION: Attached is Resolution No. 4542, which adopts the assessments for the above referenced project. BACKGROUND: The County project on County State Aid Highway (CSAH) 15 has been completed and all project costs identified. The final project costs are $23,633.59, which consists of construction costs and engineering/administration costs. Of this amount, $13,296.24 is proposed to be assessed, with the City of Shakoee paying the remaining amount with the Capital Improvement Fund. The assessment roll for this project is attached for Council review and approval. ALTERNATIVES: 1. Adopt Resolution No. 4542. 2. Deny Resolution No. 4542. 3. Table Resolution No. 4542. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4542, A Resolution Adopting Assessments for County State Aid Highway 15 (Adams Street), from Vierling Drive to 6th Avenue, Project No. 1994-13 and move its adoption. J Bruce Loney Public Works Director BL/pmp MEM4542 RESOLUTION NO. 4542 A Resolution Adopting Assessments For County State Aid Highway 15 (Adams Street), From Vierling Drive To 6th Avenue Project No. 1994-13 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Installation of curb& gutter on County State Aid Highway 15 (Adams Street), from Vierling Drive to 6th Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 8.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1997 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of .51996. Mayor of the City of Shakopee ATTEST: City Clerk pQrnpncpn ;ASSESSMENTS FOR COUNTY ROAD 15 CURB AND GUTTER IMPROVEMENTS SEPT. 10, 1996 Project Cost= $23,633.59 Property Adj. Front Assessment Total PID Number Owner Legal Discription Feet Rate Assessment 27-017001-0 David A. Conrad Lot 1 Blk 1 Ex S 76' 119.00 50% $247.96 622 Adams Street Notermann Addn. Shakopee, Mn. 55379 27-017002-0 Davic A. Conrad S 76' Lot 1 Blk 1 76.00 100% $316.73 622 Adams Street Notermann Addn. Shakopee, Mn. 55379 27-017003-0 Richard L Coyer Lot 2 Blk 1 75.00 100% $312.56 632 Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017004-0 Gene R & Barbara J Potthier Lot 3 Blk 1 75.00 100% $312.56 642 Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017005-0 A J Breimhorst&Wife Lot 4 Blk 1 75.00 100% $312.56 652 Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017006-0 Michael S & Gail A Holley Lot 5 Blk 1 75.00 100% $312.56 662 S Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017007-0 Jerry C &Carol Aronson Lot 6 Blk 1 75.00 100% $312.56 674 Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017023-0 Randall L. & Marjarie M Miller Lot 1 Blk 3 80.00 100% $333.40 706 S Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017024-0 Louis F & Clara E Engel Lot 2 Blk 3 80.00 100% $333.40 718 S Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017025-0 Norma A Hausladen Lot 3 Blk 3 80.00 100% $333.40 730 S Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 PROPOSED ASSESSMENTS FOR COUNTY ROAD 15 CURB AND GUTTER IMPROVEMENTS SEPT. 10, 1996 Project Cost= $23,633.59 Property Adj. Front Assessment Total PID Number Owner Legal Discription Feet Rate Assessment 27-017026-0 Jeffrey A. & Becky L. Marschall Lot 4 Blk 3 80.00 100% $333.40 740 Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017027-0 David A& Diane Bloom Lot 5 Blk 3 80.00 50% $166.70 750 Adams Street Replat of Notermann Addn Shakopee, Mn. 55379 27-017072-0 Christ Luthern Church P/O outlot A beg 40'W of 103.00 0% $0.00 1053 S Jefferson Street NE cor of A, W 256.02', Shakopee, Mn. 55379 S 109.4',-E 256.03', N 103.15'to POB 27-024001-0 Christ Luthern Church Lot 1 Blk 1 216.00 0% $0.00 1053 S Jefferson Street Jackson View Addn. Shakopee, Mn. 55379 27-024130-0 Virgil J &Jo Ann Van Heel Lot 1 Blk 9 81.00 0% $0.00 1109 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024131-0 Gregory R Powers Lot 2 Blk 9 77.00 0% $0.00 12321 Marystown Road Jackson View Addn. Shakopee, Mn. 55379 27-024132-0 Russel & Barbara Breeggemann Lot 3 Blk 9 77.00 0% $0.00 1125 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024133-0 Paul & Catherine Teneyck Lot 4 Blk 9 77.00 0% $0.00 1133 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024134-0 Cindy Sue Morgan Lot 5 Blk 9 77.00 0% $0.00 1141 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 PROPOSED ASSESSMENTS FOR COUNTY ROAD 15 CURB AND GUTTER IMPROVEMENTS SEPT. 10, 1996 Project Cost= $23,633.59 Property Adj. Front Assessment Total PID Number Owner Legal Discription Feet Rate Assessment 27-024135-0 Thomas G Datwyler&Wife Lot 6 Blk 9 77.00 0% $0.00 1149 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024136-0 Clndy Lou Larson Lot 7 Blk 9 77.00 0% $0.00 1157 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024137-0 Keith J. & Salvacion Vonende Lot 8 Blk 9 77.00 0% $0.00 1165 Quincy Street Jackson View Addn. Shakopee;Mn. 55379 27-024138-0 Wyatt J Reed Lot 9 Blk 9 77.00 0% $0.00 1183 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024139-0 Thomas L Gregory &Wife Lot 10 Blk 9 77.00 0% $0.00 1187 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024140-0 Glenn W Benz Lot 11 Blk 9 77.00 0% $0.00 1191 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-024141-0 Gerald Lee Schesso Lot 12 Blk 9 81.00 0% $0.00 1199 Quincy Street Jackson View Addn. Shakopee, Mn. 55379 27-121001-0 Thomas& Julie Miles Lot 1 Blk 1 100.00 50% $208.37 1220 12 Ave. W. South Parkview 1 st Addn Shakopee, Mn. 55379 27-121026-0 Cletus J & Helen Link Outlot A 215.00 0% $0.00 1216 Jefferson Street S South Parkview 1 st Addn Shakopee, Mn. 55379 EX PARCEL 48A, MNDOT PLAT 70-15 (.35A) 27-912027-0 City of Shakopee 12 115 23 650.00 100% $2,708.84 129 S Holmes Street 32.95A in NW1/4 SW1/4 Shakopee, Mn. 55379 ex 7.05A EX HWY PROPOSED ASSESSMENTS FOR COUNTY ROAD 15 CURB AND GUTTER IMPROVEMENTS SEPT. 10, 1996 Project Cost= $23,633.59 Property Adj. Front Assessment Total PID Number Owner Legal Discription Feet Rate Assessment 27-912034-0 Department of Corrections 12 115 23 1060.00 50% $2,208.75 300 Bigelow Bldg. 30.06 68 1/2 in W1/2 NW1/4 St. Paul, Mn. 55101 ex 5.04A, 13.64A, 7.99A, & EX 10.77A, EX .63A, EX .009A 27-912036-0 Indep. School District 720 12 115 23 670.00 50% $1,396.09 505 S Holmes Street 13.38 P/O NW1/4 beg 806.97 N of Shakopee, Mn. 55379 SW cor, N on W line 659.88, - -_ NE 846.06, SW 744.28, NW 846.97, to beg ex .26A hwy 27-912037-0 City of Shakopee 12 115 23 235.00 100% $979.35 129 S Holmes Street 7.99A in SW1/4 NW1/4 Shakopee, Mn. 55379 27-912038-0 City of Shakopee 12 115 23 520.00 100% $2,167.07 129 S Holmes Street 11.40 10.77 A in W1/2 NW1/4 Shakopee, Mn. 55379 1& .63A in W1/2 NW1/4 Total 5671.00 $13,296.24 Total Project Cost= $23,633.59 Assessment per Front Foot= $4.17 Total Assessed = $13,296.24 Non Assessed City Cost= $10,337.35 l0. 6 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Final Plat of The Meadows South DATE: October 10, 1996 Introduction: Gold Nugget Development, Inc. has submitted an application for approval of the Final Plat of The Meadows South. The proposed subdivision is located north of the Bypass, west of County Road 17 and East of Sage Lane. The proposed plat is 13.2 acres in size and includes 64 dwelling units in 10-twinhome buildings and 11 quad-buildings. A copy of the report to the Planning Commission is attached for the Council's information. Alternatives: 1. Approve the Final Plat of The Meadows South, subject to conditions. 2. Revise the conditions of approval for the Final Plat of The Meadows South, and approve subject to the revised conditions. 3. Do not approve the Final Plat of The Meadows South. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended the approval of the Final Plat of The Meadows South, subject to conditions(Alternative No. 1). Action Requested: Offer Resolution No. 4545, A Resolution Approving the Final Plat of The Meadows South, and move its approval. R. Michael Leek Acting Community Development Director RESOLUTION NO. 4545 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR THE MEADOWS SOUTH WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for The Meadows South on October 3, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for The Meadows South, described as attached on Exhibit A, is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) The developer shall comply with all compaction requirements on the building sites. v) Homeowners Association covenants shall be reviewed by the City Attorney. vi) The storm water trunk fees will be paid by the developer. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Final Plat of The Meadows South DATE: October 3, 1996 Site Information: Applicant: Gold Nugget Development, Inc. Location: North of the Bypass; West of County Road 17;East of Sage Lane Current Zoning: Medium Density Residential Zone(R2) (See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Urban Residential (R-1 B) Medium Density Residential (R2) Comp. Plan: 1995: Medium Density Residential Area: 13.2 Acres NIUSA: The site is within the MUSA boundary. Introduction: Gold Nugget Development is requesting approval of the Final Plat for The Meadows South. Exhibits attached include; zoning map, plat, grading plan, and Engineering Department comments. Considerations: The preliminary plat of The Meadows South was approved by the City Council on August 20, 1996. The front yard setback requested in connection with the plat was denied by the Council. WMEADSO.DOOP-ML 1 The Engineering Department has reviewed the submittal materials and has provided the comments attached. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. Alternatives: 1. Recommend to the City Council approval of the Final Plat of The Meadows South, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of The Meadows South, subject to the following conditions: A. Prior to review of the final plat by the City Council, the following actions must be completed; 1. An utility easement added along Sage Lane for the proposed sanitary sewer; 2. Approval from the Minnesota Department of Transportation; 3. The easement along Lot 11 should be enlarged per SPUC's comments to accommodate underground electric. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. The developer shall comply with all compaction requirements on the building sites. 5. Homeowners Association covenants shall be reviewed by the City Attorney. MMADSO.DOGFLNIL 2 6. The storm water trunk fees will be paid by the developer. Action Requested 1. Offer a motion to recommend to the City Council the approval of the Final Plat of The Meadows South, subject to conditions and move its approval. R. Michael Leek Acting Community Development Director WME.ADSO.DOCiRML 3 _ --.--C "t:SS.c`I L:.:^:-'apt �t C,^ —/� 7� •` . _ Fd •` t t z .. -3 .A� • z d to \ 1¢I I I I wl I t I i t , I1 r i /• // y.�.�� J \,, ! u x: ti.TT _�< �,•c•t�a !�'I Iz l; t 9 t • i -' �"I_ ;'� J� / ! ✓✓��i�� t � I „i ! 1 I`-1 t-i I I,�' lam,. t t � I � � z � � � �\v 3 ' , � I C o; �� =-may•�I � 1 �Z ! {e . � � 1 i i I• 6 mos mwmcmTu 1 t 6 IiL AV t ti , • - - .. •i.. _�...�..-zit � � INTER-OFFICE MEMORANDUM TO: Michael Leek, Acting Community Development Director FROM: Joel Rutherford, Assistant City Engineer 41-- SUBJECT: Meadows South - Preliminary Plat DATE: September 24, 1996 The final plat does not show an extra easement (easement needed will be 10' on each side of the sanitary sewer pipe) along Sage Lade. Information has not yet been provided by the applicant indicating that MnDOT has reviewed/approved the proposed plat. Lot 36 is missing a lot line. Recommendation Recommend approval of the Final Plat, subject to the following conditions: a) Prior to review of the Final Plat by the City Council, the following actions must be completed: 1. An utility easement is added along Sage Lane for the proposed sanitary sewer; and 2. Approval from the Minnesota Department of Transportation b) The storm water trunk fees will be paid by the developer. C) Other conditions, as listed in the resolution for the preliminary plat THEM DOWS SOUTH 0 SNAKC P=j M9006807A GRADING SrREET_AND-U?iLITY PLANS ° tic � v � _ 1 • V o SHAKWEE - - BLOCK 1 ■ LOCJITIpY AfAp 3 1 2 /4'put mar gem - _ 101 um uN 3 f C 10 -�� a07[ 7e-4- au.v7z 7ueaTaAac aIpa"w-,c-tar 000c=sw a arru 04 7,/Y armso-OR w4R Pyr 4 5 TTm m.r D®1 /r/RA00A CIA!(�1 1 7AQ.�A$tA�a.•t�aars.n) Prior to any e:cowtion the contractor shall verify the N 4RAMUJA fmA! 10C11 s. tiOn of all underground utilitie Call 48 Houn before digging TYPICAL STREET SECTION l ' GOPHER STATE ONE CALL T..;. City Area 454-0002 n � IL I Mn Toll Free 1-800-252-1166 f- F C] - a4uar¢ T1 Tom.s®a rAD. um coca[zrr• mm Z - _ 6 a arras s-CL-Jr , 105 W Z Il�M low Pia Imp Cs J 10 - - toT 9 8 7 TYPICAL PRIVATE STREET C) 12 ,'. __ _ uhr 11 ,09 ro 1.ALL sTR.E7 CONSTRUCTION SHALL CONFORM TO CITY OF SNA><C4- STANDARDS C] A 1.3 14 - 6 MH 9 26 AND SPECIFICATIONS LATEST EDITION. ,,,, - 15 r 20 z. ALL w+T.RY sEVEn CONSTRUCTION SHAM CONFORM To cn r s++AKOPEE 21 -_ 2 STANOAPOS AND SPECIFICATIONS LATEST ED,TICN. -C . 16... 22 23 2 `,. /' S. ALL STORM SEVER CONSTRUCTION SHALL CONFORM To CITY OF SHAKOPEE W r I tT �4 AR05 A040 SPECIFICATIONS LATEST EDITION. ALL W 4. ALL A'',4 aSlRleunoN CONSTRUCTION SHALL CONFORM TO SHAxCOET C0 - 19` PUBLIC UTLTIES CCMUiSSICN STANDARDS AND SPECIFICATIONS LAST Q _ as / CO TICN. N - S CONCRETE SHALL NOT BE PLACED UNTIL T1{FORDS HAVE 8E=v INSPECTED w '�• / < uH \ AND POUR S.P 1SSUE0. POUR SUPS WILL NOT BE ISSUED UN�'SS THE W _�/ 6 CONTRAC-OR. HAS AT THE JOB SITE A COPY OF THE ORAMNC BEARING THE (Q _ 28 SK.NATURE OF THE CITY ENC7NEER. ORAPIIC SCALE IN IM M (� \� 6. PANNG SHALL NOT START UNTIL A SOIL REPORT IS APPROVED 3Y THE C31 (_ / CO \ \ 29 ENaNEE? "SU GRADE COMPACTION TESTS TAKEN ANO O OP 4 ED. 12 / y W c>7 _ 55 \/ ttt wqw W41= �tti! 1 I 31 LEGEND 1. COVER SHEET tl 1 54 :- PROP06EO ORSTIK o 53 C9 -NYDNANT 2. SANITARY SEWER & WATERMAIN - 32 : _ t0 ---A- -»-++-uTE 11ALSE 3. SANITARY SEINER & WATERMAIN 52 49 -_ 39 -aa—ft -ae-c--CATCH sASa 47 - _r 33 co —«—� �.i�-�MANN= 4. SANITARY 00 411. le SEINER do WATERMAIN cn 5a` 14 _._ 8 ' r 3.1 -<- <-o---SAxTARY MMOKU J.o r te..Ae r r�r+►��.�+-+.r�r r��.'e r r r w rAw.►..r w ar.r . STORM SEWER C ROAWAYS RAAa 42 3 7 St . 1 35 6. STREET CONSTRUCTION 45 . �� -„�^`„� "S."L:'"►” ~' 43 C0 36 7. STREET CONSTRUCTION cr_ r r J r�`.r�i��wlhry-.�.�1.��r ,'" ! 16 v W � .dft A.— T.-.` 4-4 17 APPROVED FOR ONE YEAR FROM THIS DATE r g DETAIL SHEET rr ar..r.rr, /`"&•-••.``�'�'"`" `A`� t 1 9. GRADING AND DEVELOPMENT PLAN cD Tr tea. r-.r��•r�a�� a► a �r.....4—�_�.r �'�'` 2 CITY ENONEER DA TE to ,....... .........._.. co BLOCK 1 9 � z O "P`•of r M 0 -"" w A( 1 6 I UTI"ES MANAGER DATE 7F �r AIW.w.r.+.•M.r 9,ELT IIRL Oaa�t (-D NUGGET DEVELOPMENT PRQJWT * w =— w.r.aa. 1 w.CIA.wpr.A w....rr aAp..W... ....... �'� 6667 ZEALAIQ ASf)aJE T1011TN THE MEADOWS SOUTH SHEET 1 OF 9 515 ** tT °� F w�,�, ��� ` • COVER SHEET BROOKLYN PASO.MINNESOTA 554as o NOlRM.DRR' £L'LLZ M.£0,48.685 ^`rte ,v ; ,,`.' 1• EXCEp T10N 367.60 � \`\4D l[ 1l w � sso *3 CD 46,00 10 �y (� l<ok o J mot' 8` \ C.L 'U _ O E I r 8 d- 8 a�pys \ .( o' w `bty Scr (0 4, 8 d $g 1 18 y,� it tn M v w $ beoo 111 8� u7 8 \ `� w \\\ �SL' ,� IS 100 `Iy, se 8 5S oo R O'c 110— b ee.00 � �l ♦Se b r, I r-1) ^; �o/t• rP" N °b\\� � y �' � � M '� i \ \ \ �,g e� .: �8 �. $ I�I��1 ` �°° w : `� / 8 cy•ciy S' \ �?' -db I Y� \ ty b r;.+ 4 a I , 579,.38 8 ��+��• �y,{'" / / / br M \ go— r r'o ' ,t0 � cP' \;4 , �J\ o�O- j, 1 e .�,er er.ocN o'i0�♦ W`4 S� (� / /_'t .f `t I0T �► 4f iNnQ >3 uo� '_ /�/,// 8 �or�► C Q'/ry /' d) o O a41 •rr i /o// r 8 i� '� / � ���� �cPi,%�i f-,��'�..�� ��C�/0.D �'-- ► i°re � � frrc. � // Wyr ah � l'��"� / <' N ��� / i' $Y' •a olfbatgy.` `� (8 9IPE r / CJ 8 00 ���,'/�'' .— '" �� ?`Qor -�cad-v-;'� w a7 ,l ,r ''� dl Nnl'er 90 ''`b N cp a''° � /i °`0\ br b+r ►rrv� ;� "_� ttN � rl oo�00b►' "Sez \ • \ 8 �arrEDgy 91 et, 90 ej n o f i s) `b °o. n 9►► r 00 8 vrt• o49o.p<� °t00. —� Wbr � •—� b+ ; b` Op Do `` 1 Y` °► .I, ri ^� ar o0 0► ' M I r, <r! 1 [ g' N �t N 8 .— �, \. (4ioi/Q7 or 1; �`` CD �` °0'r a end I 1�fly N.Y N }q' O 1` V br .� oo o r o►' F �S N p o.oN► r\\\\,o`\�a,\o\• M.ro,9t�.9r9c^N c n N ay p,ti 1 0, �8!!}0 T 0�Y—t$ M°•fip 8 f `fi oo °►oo• M° w nV 3 00a 30w — —————— --—— -0 oDbe o N AN u'tL< re o M. Do- -—— Of 01 00 N r—n► L--, J:.I�I I I f-- �^ i ,°�O C►'9rl 1 r_ •►*l[M'p►.L►p ♦ IA U) R I I \ I I I ►� cryrt�\� O I t i (`+ 9. 6th v I I \ \ I I tir! _ I I O I , Yx F� LLI o*We I po y,L vow pro 3•►o.9`Lf9s �/� �� ar`b`•'-0c-v 9%, J l- ►�' \ r L,JI G„ _ '� rev" 1 l 1� b 11 `_��,•°y�--_ •` - -1' � —-t0'zti——�` r a.tzrr 'roo o� ^1 F-I I 104.61 / �� \ \ ) \ orb! ` 1 a cn `{ 0.; N `\ �" M.t►.zoeiti"_=�0 % EA�µENT PER OOC.NO. 25122-_---\ \♦` 608.58 __ ___^� �— I � 1�l _ i \ p ,.1 a ` R♦� ---MINNEGl\SG ^ n Li R Li fl �-- r V.1 It r ry 1 `- aa pp v , 1 T is Ytl 07 atl rmawn LLI LLJ 7S z �afi ° �� u = y fl Otl O) Y)MfYYWI OV) I ° otl gm7 � ! ° �I a I x fi0 r s E s 0DCo ° b �N O c 0u.2S 2 w 01-�-1 if.G 8 0. =m 8 °E'� ( •I K --- -- O m e N E Q I �g g o • ��o ��of�_.s !F ri I ciL_ Y CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Final Plat for Hauers 5th Addition DATE: October 15, 1996 Discussion Gene, Virginia, and Jane Hauer are requesting approval of the Final Plat for Hauers 5th Addition. The subject site is located south of County Road 16, northeast of Park Ridge Drive and northwest of Hauer Trail. A copy of the October 3, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Hauers 5th Addition to the City Council. Alternatives 1. Approve the Final Plat of Hauers 5th Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Hauers 5th Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Hauers 5th Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Hauers 5th Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4534, A Resolution Approving the Final Plat of Hauers 5th Addition, and move its approval. � . 41iteKlima Planner I i:\canmdevbc\1996\cc 1015\fphrs5.doc RESOLUTION NO. 4534 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR HAUERS 5TH ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Hauers 5th Addition on October 3, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Hauers 5th Addition, described as attached on Exhibit A, is hereby approved subject to the following conditions: 1. The following procedural actions must be taken: a) Approval of the title opinion by the City Attorney. b) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1022.51 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. C) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 2. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: a) Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3, Block 1. b) The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. C) The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3, Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). The property owners shall be responsible for maintenance of the shared driveway easement. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 EXHIBIT A That dart of the East Half of the Northwest Quarter of Section 8, To%rnship 115, Range 22, Scott County, :'.innesota, described as follows: Beginning at the point of intersection of the East line of said East Half of the Northwest Quarter and the center line of County Road No. 16 said point being 1317.00 feet South of the Northeast corner of said Northwest Quarter; thence South 0 degrees 00 minutes 00 seconds West, assuaed basis for bearings, along said East line 37.40 feet to a point 1354.40 feet South of the Northeast corner of said Northwest Quarter; thence North 60 degrees 40 =!-mutes 20 seconds West 151 .90 feet; thence South 28 degrees 51 minutes 00 seconds West 302.04 feet; thence North 60 degrees 10 minutes 40 seconds West 100. 10 feet; thence South 28 degrees 51 minutes 00 seconds West 230.56 .feet to Easterly boundary of HAUZIU 1ST ?.DD`N, according to the .recorded plat hereof; thence North 29 degrees 10 minutes 14 seconds West, along said Easterly boundary, 95.07 feet; thence North ' 30 degrees 16 minutes 24 seconds East, along said Easterly boundary, 134.13 feet; thence North 59 degrees 43 -imutes 36 seconds West, along said Easterly boundary, 26.04 feet; thence North 28 degrees 51 minutes 00 seconds East 380.74 feet to the center line of County Road No. 16; thence South 60 degrees 33 minutes 53 seconds East, along said center line, 337.29 feet to the point of beginning. AND A Tract of land in the Northwest Quarter of Section 8, Township 115N, Range 22W, Scott County, hi=mesota described as follows: Co.:.aemcing at the intersection of the East line of said North- west Quarter and the Southerly right of way of C.SA.R. 0 16, said point being 1354 .4 feet South of the Northwest corner of said Northwest Quarter; thence South 20'03`20" West a distance of 219.9 feet; thence South 39'06' West a distance of 87.3 feet to the actual point of beginning; thence continuing South 39'06' West a distance of 50.9 feet; thence South 60'31 ' West a distance of 291 . 1 feet; thence North 60010'40" West a distance of 108.2 feet; thence North 28'51' East a distance of 300 feet; thence South 60010'40" East a distance of 271 . 16 feet to the actual point of beginning. Excepting the Easterly 50 feet thereof. 10, CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Hauers 5th Addition DATE: October 3, 1996 Site Information: Applicant: Gene, Virginia, and Jane Hauer Location: South of CR 16,Northeast of Park Ridge Drive, and Northwest of Hauer Trail Current Zoning: Urban Residential (R-1B) Adjacent Zoning: North: Light Industrial South: Urban Residential (R-1 B) East: Urban Residential (R-1 B) West: Urban Residential (R-1 B) Comp. Plan: 1980: Agricultural Draft 1995: Single Family Residential Area: 2.64 Acres MUSA: The site is within the MUSA. Introduction Gene, Virginia, and Jane Hauer are requesting approval of the Final Plat for Hauers 5th Addition (Please see Exhibit A). The subject site is located south of County Road 16, northeast of Park Ridge Drive and northwest of Hauer Trail (Please see Exhibit B). Considerations The Preliminary Plat for Hauers 5th Addition was approved by the City Council on August 6, 1996. The development consists of four (4) single family residential lots. The development will be done as one phase. The final plat submittal information that has been provided is in substantial conformance with the approved preliminary plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Hauers 5th Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Hauers 5th Addition, subject to the following conditions: 1. The following procedural actions must be taken: a) Approval of the title opinion by the City Attorney. b) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1022.51 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. C) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 2. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: a) Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3, Block 1. b) The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. C) The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3, Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). The property owners shall be responsible for maintenance of the shared driveway easement. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Hauers 5th Addition, subject to conditions and move its approval. *Julie Klima Planner I i:\commdev\boaa-pc\1996\oct03 pc\fphr5.doc EXHIBIT A TH ADDITION Nor,htleat Oudrtor of sm"lNG caix fAT1CM • Thf eaat line of the seat N.Lf Sectiow 2 T Qtt p Ay. Rouge 22. Scott CamtY of th• IS h—st Quarter of S•etloa t, Toeashlp ILS, onoWMt l Lana• 22 Ls a..,aed to have s bearing of C.i.M S 0,00'00 w _da of , 199---1 \, ,.Lore aie tale _ y \ <wca iJrwnae Mo. 11W9. _ _ Ce 1 "�e 8� S 610 = otary publlc, Scott County, ....... O M N My Co.a+lssion Expires ac �N��a � d day of \.;, " N� / 33? x•33 s o e City of Snakop+e, Yina+soca, this y � A W f O' / //",-- \\ / \ /O/ lb 4' /� `1` \ its Chairasa •0 By l / N�40 r.:g approved and accept+d by the City and the c the /O 4v , 199_, and the comdiclons ' / _day —_ /ev g 3 -,bdivlaioa 2, have been fullilled. / • Accent \ I .TA .I►ha � r / ti� '" 3 .1s plat and hereby City Council. City Attorney S )lima+soca \\ /9b IV��\\o\s3� / a o e1;Zu11 as of this A• / �� t N °8/ V,/ ' treasurer �. + � Of .cyd •d this day of �\�y / / \ + 0 3 .auditor \ a/ /A, / w / Co ,f 19-.61 this plat has —_ O 199 /ry %\ EC I ED 'L � •�� / Au 6 2 8 1996 'Aug BS s1H AnotrlGN ••s ,d•r for record on this �• ` / 2,�Q• .,`v' O ,ocue+a: Nwbar •�; Alta SHOWN TNOS: LI&LlNAGi AND LTII.ITY LASLMENTS 3.00 5.00 � 10.00 j-J � 10.00 L.corder Denocea found iron pipe a—""ats BLiNG S l[LT IN •t1T1 AND ADJOINING LOT LIN>6 AND BUNG to lief 1N rLUM AND ADJOLNING R1GMT Of MAY LINLS IfNLLSS 01HLRWLSC SHOWN. O Denotes e•L I inch by 14 Inch Iron p,pe 0 ,50 I50 eonue•nL Barked by Minnesota Reaistra Liu. No. 17 009 FEET SCALE IN AN'S LAND SURVEYING SHAKOPf E 612 445.4027 �= � _ .. � , � ���I . ���o � ����i� �Sp�'�N��i � �� °ss �1 �� � ® sue 0 ,�� : : ° .� os ��j � �s� � � mta� � � �� .- .� �■ �o � � _ s a� ��I �v ���������� ��� ��♦ � t1■� s o� ��I S obi � � ��� eo a�w e� , "io �. � � �: �� m���o _ � oo � L� � _ �:� �� � : � . � � • • . • � . HAUERS 5 TH ADDITION EXHIBIT Ndrtheeet eer"*t of tM 88"ING ORIENTATION -The east line of the Ba:t Half Northwest Quartet 44 115, S.otion a. T.rnatwp of the Northwest Quarter of Section 8, To.den p 115, $Cott C"A y, (p� Bang: 23 Is assumed to have a bearing of R.M, 22 IT 81108 ALL YEN BY THESE PRESSM: That loge.* P. Hauer and Virgins T. Hauer, husband and rife, STATE OF YINNISOTA S 0'00'00"W C.I.Monument t and Jane Y. Hauer, a single person, owner* and proprietors of the following described property COUNTY O!SCOTT situated in the County of Scott, State of Minnesota, to wit. \ The foregoing instrument was acknowledge before me this day of , 199_, \ That part of the Bast Half of the North—st Quarter of Section S. Township 113, Rang. 22, by Allan R. Hastings, Land Surveyor, Minnesota License No. 17009, Scott County, Minnesota, described as follows: •� Beginning at the point of intersection of the east lane of said East Half of the North- CeOfE 1 we.t Quarter and the center Line o1 County Road No. 16 said point being 1317.00 test \\ r /�n• south of G!u northeast corner of said Northwest Quarter; thence South U degrees OU minutes Notary Public, Scott County, Minnesota \ O 8 00 seconds Hest, assum:d basis far beatings, along said coat line 37.4U fseC co a point YY Corisaion 0tpires /� • t: ; 1354.40 feet south of the northeast corner u1 said Northwest Quarter; thence North 60 c0�'r/y 33 f M = degrees 40 minutes 20 seconds Weat 151.90 feet; thence South 28 degrees 31 maout.. 00 PUNNING COMMISSION, CITY OF SHAKOPEE, MINNESOTA 33• ; seconds We at 302.04 feet; thence Ndr th 60 degrees lU minute. 40 stands asst 100.10 feet; �\\ Rona. thence South 2tl degree• 31 minutes 00 seconds West 230.56 feet to the easterly boundary Approved by the Planning Commission o1 the City of Shakopee, Minnesota, this day of / VV ,_ of N.tUBAS LST ADD'N, according to the recorded plat thereof; thence North 29 degrees , 199 \\j2 N ISO.,�' O 10 minutes 14 seconds Wsst, along said easterly boundary, 95.07 feet; thence North 30 �. / \ {� e O degrees 16 minutes 24 .roomer Bast, along .aid easterly boundary, 134.13 feet; thence \ •ICY eC4 29 M1 North 59 degrees 43 minutes 36 seconds West, along said sae terly boundary, 26.04 feet; O• / /`\ �f thenow North 28 degrees 51 minutes 00 second* last 380.74 Lest to the center lane of //�� / \ /O/ b CRE• County Road No. 16; thence South 60 degrees 33 minutes 53 seconds last, along said center By its Chairman /�.V lane, 337.29 feet to the point of beginning. -•, / \ j` �VD ` + - CITY COUNCIL, CITY OF SHANOPE6, MINNESOTA together with; �7 Q� This plat of HAUERS 5TH ADDITION was approved and accepted by the City Council of the A tract of land in the Northwest Quarter of Section 8, Township 115 N, Range 22 W, Suott City of Shakopee, Minnesota this day of , 199_, and the conditions �� ` / / ��• - County, Minnesota described a. follows: of Minnesota Statutes, Section 505.03, Subdivision 2, have been fulfilled. M a41 [Q] CommenCl19 at the intersection of the East line of said NW} and the southerly right of /N •��g /3 way of C, S. A, H. No. 16, said point begin 1354.4 feet south of the northeast corner of said NW}; ths¢cs South 206 03' 20"West a distance of 219.9 feet; thence South 396 06' Vast a distance of 87,74 feet to the actual point of beginning; thence continuing By Mayor Attest Clerk .r South 39 06' West a distance of 50.48 feet; thence South 606 31' West ■ distance of 287,80 feet to the intersection with the southeasterly extentlon of the north line of CITY ATTORNEY, CITY OF SHAKOPEE, MINNESOTA ^•7•/ ��,a Par Ridge brave of the easterly boundarv.of KAURRS 1ST AWN, according to the h r� recorded plat thereof; thence North 296 30' 14"West along said north line of Park • S / / I 1 hereby certify that I have examined this plat and hereby' Ridge Drive to . point die tint 95.07 feet southeasterly of the moat southerly corner of recommend this plat for approval by the City Council. Lot 5, Block 1, IN 1ST ADD'N, thence North 28* 51' U0" East a distance of 230.56 (y ( 460. feet; thence South 606 10' 40" East a distance o1 270.03 feet to the actual point of \\ ., (O N beginning. EXCEPTING the easterly' 50 feet thereof. yt ) City Attorney - Have caused the same to be surveyed and platted as HAUERS 5TH ADDITION and do nereby \ N dedicate to the public for public use forever the road and boulevard and drainage and utility City of Shakopee, Yinnesoia easements as shorn on this plat for drainage and utility purposes only. SCOTT COUNTY TREASURER /� \�• �\�s • •f3 ^O In witness thereof said Eugene F. Hauer and Virgins T. Hauer, husband and wife, have hereunto •y sec their hands this day of , 199 All current 199 taxes are paid In full as of this • \ day of , 199 SIGNID. 4V VV 47,w'V � .8/ Eugene F. Hauer Virgins T. Hauer Scott County Treasurer s/,_ / / ry0/ //l• �/O ' S `V • In a'ltneaa Thereof said Jana Y. Hauer, a single person, has hereunto set her hand this �'-� T / y scary couxrY awiral ::_ `��� / 2/ �re /� \\\\ �/Oi da• of , 199 10" SIGNED: No delinquent taxes and transfer entered this der of ,(•!".• Faa / 2 199 •\\sJJ • Jane M. Hauer STATIC OF MINNBSSOTA \ / fu/ '^y0•h V ' O(p COUNTY OP SCOTT Scott County Auditor \ b/ /�v /. •� b` N .a� SCOTT COUNTY SURVEYOR 8/�• h the foregoing instrument was acknowledged before set this der of , v , b A,/ Q7rum Aa yy0 199 , by' Eugene F. Hauer and Virgin T. Hauer, husband and wife. Pursuant to Chapter 7, Minnesota Lars of 1976, this plat has t-••'}��� '['\ `DO, ry�/wry'/yyb C2 been approved this day of 199_ 0 mow 0 ,,II,�// Notary Public, Scott County, Minnesota t•i�`•?j� � ` G(GL My Commission Expires Scott County Surveyor G• \ 2 8 1996 STATIC OF MINNESOTA SCOTT COUNTY RECORDER T's c•ji.�• �/ vO �\ Op 4• !••u COUNTY OF SCOTT - %` aiC.0, I hereby certify that this plat of MURES 5TH ADDITION was •ter. 560 , The foregoing instrument was acknowledKSd before me this day of , tiled in the Office of the County Recorder for record on this '•-� \ V� / 199 , by Jane Y. Hauer, a single person. day of , 199 , at o'clock ...•; ���• •`G • -71 Document was duly recorded sa Docenc Number v'L/I J :> 0 110 ry-I 9 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: Notary Public, Scott County, Minnesota \ My Commission Expires \ 5.00 \ Scott County Recorder 10.00 I �5.00 10.00 I hereby certify that 1 have survnyed and platted the property described on than plat as HAUERS 5TH aDDITION, that this plat is a correct representation of the surrey; that all —-- I ——— — distances are correctly shown on the plat an feet and hundre the of a fuo[; that all monument. J have been correctly laced in the p ground as snow.; that the outside h.au[ufary Linea are Corr*ctly -O-Denotes found iron pipe ..-nt. designated on the plat; and that thereare no wet lands as defined in MS 505.02, Subd. 1, or public highways to be dsaagnacad ocher than as shown. BEING 5 FEET IN WIDTH AND ADJOINING LOT LINKS AND BRING 10 FEET IN WIDTH AND ADJOINING RIGHT' OF WAY LINICS UNLESS OTHERWISE SHOWN. Allan R. Hastings O Denotes set } Inch by 14 Inch iron pipe Mi.-t. License No. 170U9 monument m.rked by Minnesota Registration No. 17009 50 O 50 100 150 ALLAN'S LAND SURVEYING SCALE IN FEET SNAXOPEE 612 445-4027 )D ' Col CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Final Plat for Riverview Estates 2nd Addition DATE: October 15, 1996 Discussion Scott County Farms is requesting approval of the Final Plat for Riverview Estates 2nd Addition. The subject site is located east of County Road 18 and north of County Road 16. A copy of the October 3, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Riverview Estates 2nd Addition to the City Council. Alternatives 1. Approve the Final Plat of Riverview Estates 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Riverview Estates 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Riverview Estates 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Riverview Estates 2nd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4535, A Resolution Approving the Final Plat of Riverview Estates 2nd Addition, and move its approval. Julie Klima Planner I iAconvndev\cc\1996\cc 1015V0vvw2.doc RESOLUTION NO. 4535 A RESOLUTION OF THE CITY OF SHAK:OPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR RIVERVIE'W ESTATES 2ND ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Riverview Estates 2nd Addition on October 3, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Riverview Estates 2nd Addition, described as attached on Exhibit A, is hereby approved subject to the following conditions: 1. The following actions must be completed prior to the recording of the Final Plat: a) Approval of the title opinion by the:City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. iv) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260.00 per sign pole(1 x$260. = $260.00) V) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1036.00 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. C) The Final Plat drawings shall be revised to replace C.S.A.R designations with C.S.A.H designations. d) The developer shall enter into an access agreement as follows: No direct access from the individual lots onto CR 18 and/or CSAH 16 will be allowed for Lots 1, 7, 8, 9, and 10 of Block 1. Access rights shall be limited by dedicating to the City the access rights in the access agreement, and these access limitations shall be shown on the Final Plat. e) The final construction plans for all public improvements must be approved by the City Engineer. f) The Grading and Drainage plans, st:ormwater calculations and an erosion control plan must be submitted and approved by the City Engineer. The developer shall dedicate Outlot A as right-of-way. The developer shall provide to the City a recordable deed conveying Outlot A as right-of-way. g) The applicant shall provide the locations of the required drainage and utility easements for each of the lots on the final plat. h) The developer shall establish an association consisting of the owners of Lots 3 through 8, Block 1, and convey title to Outlot B to the association. The association shall be responsible for the maintenance of Outlot B, and shall provide the City with a copy of the by-laws regarding maintenance of Outlot B. No building permits shall be issued for Outlot B. i) The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. j) The developer shall provide a temporary construction easement along the western edges of Lots 7, 8, 9, and 10, Block 1 for the construction of County Road 18. k) If any house pads are proposed to be located within 125 feet of the right-of-way for either County Road 18 or County Road 16, additional information must be provided to show compliance with the noise abatement provision of the ordinance. 2. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 3. The developer shall provide all ISTS (Individual Sewage Treatment Systems) data per Building Department requirements. 4. Prior to the approval of any Building Permits for the proposed subdivision, Outlot B must be landscaped by the developer with low maintenance, long-term, perennial plantings. 5. The developer must delineate all areas proposed for the location of on-site sewers and protect them from encroachment during the construction process. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 EXHIBIT A DESCRIPTION OF PROPERTY. That part of the Southeast Quarter (SE 1/4) cf Section 13, Township 115, Range 22, Scott County, Minnesota, lying South of the North 1320.00 feet ( as measured at right angles) lying easterly of the centerline of C.S.A.R. #89 and C.S.A.R. #16 EXCEPTING THERFROM THE FOLLOWING DESCRIBED PROPERTY: That part of the SE 1/4 of Section 13, Township 115, Range 22, Scott County. Minnesota described as follows: Commencing at the intersection of the south line of the north 1320.00 feet and the east line of said SE 1/4; thence West along said south line a distance of 890.00 feet to the point of beginning line a distance of 245.00 feet; .thence West parallel to said south line a distance of 405 feet more or less to the centerline of County Road No. 16; thence Northwesterly along said centerline a distance of 260.00 feet more or less to its intersection with said south line of the north 1320.0 feet; thence East along said south line a distance of 493.8 feet to the. point of beginning. I CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Riverview Estates 2nd Addition DATE: October 3, 1996 Site Information: Applicant: Scott County Farms Location: East of County Road 18 and north of County Road 16 Current Zoning: Rural Residential (RR) Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential (RR) East: City of Savage West: Rural Residential (RR) Comp. Plan: 1980: Rural residential Draft 1995: Future Urban Area Area: 29 Acres MUSA: The site is not within the MUSA. Introduction David McGuire, representing Scott County Farms, is requesting approval of the Final Plat for Riverview Estates 2nd Addition (Please see Exhibit A). The subject site is located north of County Road 16 and east of County Road 18 (Please see;Exhibit B). Considerations The Preliminary Plat for Riverview Estates 2nd ,Addition was approved by the City Council on April 5, 1994. The developer has requested and received extensions of Preliminary Plat approval. The most recent extension was granted on February 6„ 1996. The development consists of ten (10) single family residential lots and two (2) outlots. The development will be completed as one phase. The final plat, as submitted, is in substantial conformance with the approved preliminary plat. In the same time frame as the approval of the Preliminary Plat, a variance to lot width for Lots 4,5.6. and 7, Block 1 was granted. This variance allowed a minimum lot width of 110 feet rather than the required 150 foot width. Per Section 11.89, Subd. 9 of the Shakopee City Code, a variance shall become null and void if not utilized within a one year time frame. Although, the Preliminary Plat approval has been extended, the variance approval has not technically been extended. However, it is very apparent that the variance, in its intent, is a vital portion of the Preliminary Plat. Should the Commission wish to address this issue directly a motion and vote must occur. The final plat proposed Outlot B, an island within the cul-de-sac for Kelly Circle. As a condition of approval for the Preliminary Plat, the resolution of approval contained the condition that the property owners of Lots 3 through 5, Block 1 be responsible for the ownership and maintenance of Outlot B. Staff has revised that condition to read Lots 3 through 8, Block 1 shall be responsible for the ownership and maintenance of Outlot B. With this revision, all property owners fronting on the cul-de- sac of Kelly Circle, rather than only 3 out of the 6 total property owners, would share in the responsibility of its ownership and maintenance:. It is the understanding of staff that the original condition was included in the resolution of approval as a typographical error. The Engineering Department has reviewed the submittal materials and has provided the comments attached on Exhibit C. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Riverview Estates 2nd Addition, subject to conditions. 2. Modify the recommended conditions, and recorrunend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recomrnend to the City Council approval of the Final Plat of Riverview Estates 2nd Addition, subject to the following conditions: 1. The following actions must be completed prior to the recording of the Final Plat: a) Approval of the title opinion by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Local streets within the plat wi11 be constructed in accordance with the requirements of the Desist Criteria and Standard specifications of the City of Shakopee. iv) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260.00 per sign pole(1 x $260. _$260.00) V) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1036.00 per residential lot. The Park Dedication payments shall be deferred to the time of-the issuance of the building permit for the principal structure for each lot. C) The Final Plat drawings shall be revised to replace C.S.A.R designations with C.S.A.H designations. d) The developer shall enter into an access agreement as follows: No direct access from the individual lots onto CR 18 and/or CSAH 16 will be allowed for Lots 1, 7, 8, 9, and 10 of Block 1. Access rights shall be limited by dedicating to the City the access rights in the access agreement, and these access limitations shall be shown on the Final Plat. e) The final construction plans for ;f11 public improvements must be approved by the City Engineer. f) The Grading and Drainage plans, stormwater calculations and an erosion control plan must be submitted and approved by the City Engineer. The developer shall dedicate Outlot A as right-of-way. The developer shall provide to the City a recordable deed conveying Outlot A as right-of-way. g) The applicant shall provide the locations of the required drainage and utility easements for each of the lots on the final plat. h) The ownership of Outlot B shall be conveyed to the owner of Lots 3 through 8, Block 1. The owner of these lots shall be responsible for the maintenance of Outlot B. No Building Permits shall be issued for Outlot B. i) The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. j) The developer shall provide a temporary construction easement along the western edges of Lots 7, 8, 9, and 10, Block 1 for the construction of County Road 18. k) If any house pads are proposed to be located within 125 feet of the right-of-way for either County Road 18 or County Road 16, additional information must be provided to show compliance with the noise abatement provision of the ordinance. 2. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 3. The developer shall provide all ISTS (Individual Sewage Treatment Systems) data per Building Department requirements. 4. Prior to the approval of any Building Permits for the proposed subdivision, Outlot B must be landscaped by the developer with low maintenance, long-term, perennial plantings. 5. The developer must delineate all areas proposed for the location of on-site sewers and protect them from encroachment during the construction process. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Riverview Estates 2nd Addition, subject to conditions and move its approval. 4ulie Klima Planner I is\commdev\boaa-pc\1996\octO3 pc\fprvntiv2.doc \ y /tom► 7,A 1 yGt QSZtN3.6Gt�611 lit rrl , .\� ; � NIA � I� - I / ' V 91.E •� \O` � \ //// 1 I f'1 •lye ` `�4'`` ` �aoi i/ / / J � O ter.% /`'''�' �.Q` `� /a•` / / / � Z I I fTl !N01.15'WE 245.00, In -111 XI111 /,/ -./`--1»000-•,/ - m �� I ,1 N I �\�• , , 11 1 +2�. / �k�`b. �$uti .——' ..%��1`II I I �. _ rn or CA co Z q..��/ 11•\IN I Q .t ,. .� •.. Yl1 • ' 50 z ICU I y o,4A1 ` ft 11 7, �1 s7' \\\ ��\\ I o M \ \> I $ I CO I of 0 I' • r L` /yo` •1 1 1` a'' N z Vk V � (, r1 �\c•i�`• �:�� j\111 ^7 ':11 11 u I 6 JC O f1 IQ 8wy 11 i 1 11 \�� zi I I •—• � i" 1 1 11 1 ��. . � � I N00'5311 E 1277.91 C.tjw Or TK tc.1/4 a sm 17. I I EXHIBIT B AN LAKE 11 AG Q K I I RJR - > . AG a AG i x RR AG CILr a - AG - RR F SUB 'I AG S12, , ii RR � RR RR AG PIKE LAKE LC-C,'-ND ' derly a Zees sl • � L' CIV S V qL.•G.7 �DG�V.�i. G ^ - 5 EXHIBIT C INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner I FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Riverview Estates 2nd Addition - Final Plat DATE: September 24, 1996 After review of the referenced project, I have the following comments for the planning department, and for the applicant: AUAR This subdivision is located adjacent to the land area studied as part of the City of Savage Alternative Urban Areawide Review(AUAR) Streets According to Scott County Right of Way Agent; Donald Fehr, the access onto County Road 16 has been approved by the County. The approved preliminary plat includes a platted cul-de-sac with a radius of 120', which is not typical for the City of Shakopee. The cul-de-sac was enlarged, with the intent of constructing an island in the middle. This alternative was chosen for the preliminary plat to allow for future lot splits, in the event that public sewer and water is available in the future. Without the enlarged cul-de-sac the current width requirements (at the setback) could not be met if the lots were split in the future. (It should be noted that future revisions to the minimum width requirements may not allow lots splits even with the enlarged cul-de-sac.) The original construction drawings reviewed by the Engineering Department included the 28' streets, as shown on the current drawings. The previously submitted construction drawings indicated that bitimunous curb was proposed for the street. Staffs comments at that time indicated that "the current design of 28 feet wide pavement with asphalt curb is unacceptable and does not meet our standard street design criteria." The design criteria for a rural local street is either 28' wide pavement with a 5' shoulder on each side (no curb) or a 36' wide street (face to face) with curb. The final construction drawings must show one of these two options. If the 36' (with curb) section is used, then the street around the island in the cul-de-sac should be a minimum of 28' (face to face of curb). Sewer and Water Plat to include private systems Easements A wider easement (20' total) will be required for the storm sewer pipe extending from the roadway down the hill to the County's system. The Scott County highway department has requested a temporary construction easement along the western edge of the lots adjacent to County Road 18. Storm Drainage The original drainage plan included the construction of a pond adjacent to County Road 18. During the design of the new County Road 18, the drainage from this site was included in the areas used for designing the ponding areas downstream. As a result, the ponding for this site will be provided for by the County Road 18 project. During the development of the final construction drawings, coordination between the County, the City of Shakopee, and the developer will be needed to determine the temporary and final design of the storm sewer outlet for this development. The construction costs for the storm sewer needed to serve this site will be the responsibility of the developer. The cost for the ponding provided by the County is currently being negotiated between the developer and Scott County. Other The City's subdivision ordinance indicates that house pads within 125' of roadway right- of-way for intermediate and principal arterial roads may require noise abatement. If there are any house pads proposed to be within 125' of the right-of-way of either County Road 18 or County Road 16, additional information must be provided to show compliance with this provision of the ordinance. However, the locations for the house pads shown on the preliminary plat, appear to be more than 125' from the existing and proposed right-of- way. Storm Water Trunk Charge Based on the direction provided by the City Council for the Storm Water Trunk Charge, the developers for Riverview Estates 2nd Addition will not have to pay this charge. Recommendation Recommend approval of the final plat, subject: to the following conditions: a) Prior to recording of the Final Plat, the following actions must be completed: 1. Execution of the Developers Agreement; 2. The Final Construction Plans and Specifications must be approved by the City Engineer, 3. The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance; 4. The developer shall dedicate Outlot A for County Road 18; and S. The developer shall provide a temporary construction easement along the western edges of lots 7, 8, 9, and 10 for the construction of County Road 18. RIVERVIEW ESTATES 2ND ADDITION - - - - - - -- - - - - - - - -_ - - - - EXHIBIT -K L*c Or M IL 1/4 see IS 1 8 \ I ava.47 �;, 1 1 ,..,• (u1e t1Tm) _ 1 N88'44'54`W 890.00 •—i Lc or Dt K 1= ruTT �,=•f �� \ ` `4 \ r—ier—ri—"1 r------:nsl------ -- -- — f1 1 1 u7.i '1 1 L ` \ N EXCEPTION SSa ,ire , N88'44'54'W 396.13 z J 6 t 4 .�•+�/ 1 µ� too o too 200 1 inch = 100 feet ww \; \ ?rte 1 \ s/ r N �. ! \ e�eJ° \3•4r 'P `'d_ 4E JO l 30 O 30 30 Jt 2 \ •,C.. I \ ` ��yG00� \ / �� wYOp S7=t`ri=I i f\ / �•C' \ �$��.\ �'�? :vria I w (YIAMICC u&vSrtirr usrs�rs 2 \Y, ' 7 °z 2 ° -C� / \! .0 \ i i `J 110 101 � ;�� �jj •� a =76=ti �i� Y � 1 I AaXXP"SOC MOt LN<S. . / .2 1, O \ �`!\ -J�°. �O. WOti W VuT NES NO RfM Lj1 9 °;\ 4�. \'0 dt I LOT LP4M WCESS Ob CWuSE roOCATEO ON b(►tai. \ 1r\, / /,��sv \ ��. \ BEARCS ARE BASED ON THE VIEST L OF THE s a 4 \� // / ''��\ q� N NE I S.E 1/4 OF SEC 13, T.ttS R. 22 SCOTT CO. MN. MHCM K ASSLAED TO HA'wE A BEARING OF / NOO'53'1t•E_ \ �S�p — Cg 10 ,g\� �� \• I \ •" \\ 0\ a,n,.1. ` Y 1.40'St1T i NOTE: NO MONUMENT SriBOL SNOwi AT ANY STATUTE S573a04 IRt �` REOWRED LOCATION **CATES A PLAT YONUUENT \ •Q ————— — altei—— ———— L—1aav�J THAT tell BE SET VOT1er/ ONE YEAR FROM THE ` 8 R`SKAALL BE 1/2 N�aTM14 NO CH RON MONUMENTS C.S.A.R. NO. 16 (MCCOLL- >Av v--DR.) MANED BY R.L.S. ►� , .. F 1 � A i N89-19 25 W 711.64 t /= ►1/1 •I , m....v�.L. vti.,l T DENOTES 3/4 NCH ezON MONUMENT FOLNO . 1n-11•►n►1 1 tr-1w /t 1 art 1 •nn1T1n►t --i Lat Or TK&E. 1/a see 11 I flvillt.vl= f1LL�f11 -r 1 fl nvve 1 Ivl. I I I I I I JAMES R. HILL, INC. CITY OF ,SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Final Plat for Eagle Creek Bluff DATE: October 15, 1996 Discussion VanZee Homes, Inc. is requesting approval of the Final Plat for Eagle Creek Bluff. The subject site is located south of Boiling Springs Lane. A copy of the October 3, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Eagle Creek Bluff to the City Council. Also at this meeting, the Planning Commission directed staff to revise Resolution No. 3943. Resolution No. 3943 approved the Planned Unit Development (PUD) for Eagle Creek Bluff. This resolution includes a condition requiring 13.34 acres of project be designated for open space. However, through the design process, the developer has provided more right-of-way than was originally anticipated and is therefore, unable to meet the 13.34 acres of open space. With the Final Plat, the applicant is proposing 13.01 acres of open space. Therefore, prior to the approval of the Final Plat for Eagle Creek Bluff, the Resolution approving the PUD must be revised to reflect a revision in the open space requirement. The Planning Commission has recommended approval, to the City Council, of the revision to Resolution No. 3943. Alternatives 1. Approve the amendment to Resolution No. 3943. 2. Do not approve the amendment to Resolution No. 3943. 3. Approve the Final Plat of Eagle Creek Bluff, subject to conditions. 4. Revise the conditions of approval for the Final Plat of Eagle Creek Bluff, and approve subject to the revised conditions. 5. Do not approve the Final Plat of Eagle Creek Bluff. 6. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the amendment to Resolution No. 3943 and the approval of the Final Plat of Eagle Creek Bluff, subject to conditions (Alternative Nos. 1 and 3) Action Requested 1. Offer Resolution No. 4554, A Resolution Amending Resolution No. 3943, A Resolution Approving the Eagle Creek Bluff Planned Unit Development, and move its adoption. 2. Offer Resolution No. 4536, A Resolution Approving the Final Plat of Eagle Creek Bluff, and move its adoption. _ 4hue Klima Planner I Note: Resolution No. 4554 will be provided on the table. i:\conundev\cc\1996\ccIO15\fpegcrbl.doc RESOLUTION NO. 4536 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE FINAL PLAT FOR EAGLE CREEK BLUFF WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Eagle Creek Bluff on October 3, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for Eagle Creek Bluff, described as attached on Exhibit A, is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$323.73 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer shall provide a security of$7500.00 for the costs associated with connecting to Boiling Springs Lane to the north. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Street widths shall be revised to 36 feet (face to face of curb). v) The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. vi) All streets shall be dedicated with the first phase of Final Plat development, per Resolution No. 3943. vii) Copies of easement documentation shall be provided to the city for the access easement and the easement for trail purposes. The easement for trail purposes shall be included on the final plat drawing. This trail easement is to be located in Outlots B and C. viii) The developer is responsible for the costs associated with connecting to the existing Boiling Springs Lane, including: right-of-way acquisition, construction, and restoration. ix) The developer shall provide ISTS (Individual Sewage Treatment Systems) data per Building Department requirements. x) The Homeowners Association Documents shall provide for the perpetual maintenance and payment of taxes on all outlots in this development. The Homeowners Association Documents shall be approved by the City Attorney. xi) The developer shall name the cul-de-sac along the eastern boundary of the subject property. This street name shall conform to the City Street Naming Policy. The Final Plat shall be revised to include this street name. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, NIN 55379 EXHIBIT A That part of the North 1320.00 feet of the Southeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, lying Easterly of the center lines of Scott County State Aid Highway No. 89 ( now Scott County State Aid Highway No. 18) and Scott County State Aid Highway No. 16. and, That part of the South Half of the Northeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota lying easterly of the center line of County Road No. 89 as defined by Document No. 182830, Scott County Recorders Office ( now Scott County State Aid Highway No. 18) and southerly of the following described line: Commencing at the northwest corner of said South Half of the Northeast Quarter ; thence South 88 degrees 59 minutes 38 seconds East assumed bearing along the north line of said South Half of the Northeast Quarter a distance of 733 . 85 feet ; thence South 18 degree 51 minutes 58 seconds East a distance of 388 . 65 feet to the point of beginning of the line to be described; thence South 77 degrees 38 minutes 11 seconds East a distance of 1831 . 07 feet more or less to a point on the east line of said South Half of the Northeast Quarter distant 588. 98 feet northerly of the southeast corner and there terminating. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT: Beginning at the southeat corner of said South Half of the Northeast Quarter : thence west along the south line of said South Half of the Northeast Quarter a distance of 460. 40 feet; thence deflecting to the right at an angle of 96 degrees 34 minutes 00 seconds a distance of 271 . 54 feet; thence deflecting to the left at an angle of 90 degrees 21 minutes 30 seconds a distance of 95 . 00 feet ; thence deflecting to the right at an angle of 102 degrees 41 minutes 40 seconds a distance of 308 . 40 feet ; thence deflecting to the right at an angle of 86 degrees 00 minutes 00 seconds a distance of 431 . 63 feet to a point on the east line of said South Half of the Northeast Quarter distant 460. 60 feet northerly of the southeast corner ; thence southerly along said east line a distance of 460. 60 feet to the point of beginning . CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Eagle Creek Bluff DATE: October 3, 1996 Site Information: Applicant: VanZee Homes, Inc. Location: South of Boiling Springs Lane Current Zoning: Rural Residential (RR) Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential (RR) East: City of Savage West: Rural Residential (RR) Comp. Plan: 1980: Rural Residential Draft 1995: Future Urban Area Area: 66.85 Acres MUSA: The site is not within the MUSA boundary. Introduction VanZee Homes, Inc. is requesting approval of the Final Plat for Eagle Creek Bluff(Please see Exhibit A). The subject site is located south of Boiling Springs Lane (Please see Exhibit B). Considerations The Planned Unit Development for Eagle Creek Bluff was approved by the City Council on February 15, 1994. The Preliminary Plat for Eagle Creek Bluff was approved by the City Council on September 17, 1996. The development consists of 32 single family residential lots. The development will be done as one phase. The Engineering Department has reviewed the submittal materials and has provided the comments attached on Exhibit C. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. The approved PUD plan requires that an average lot size of 1.42 acres be provided along with 13.34 acres (20%) open space. At the Preliminary Plat review stage, adequate open space was provided but the average lot size did not meet the 1.42 acre requirement. The developer has since revised the average lot size to comply with the 1.42 acre requirement. With this revision, the open space area has been reduced to 13.01 acres. Through the planning process, the developer has provided additional right-of--way within the plat. Due to the additional right-of--way provided, the acreages originally required can no longer be provided. The additional right-of-way will perform as open space, even though it can not technically be included with the open space calculations. Staff is requesting that the Planning Commission provide direction to revise the Resolution for PUD approval of Eagle Creek Bluff to allow an open space requirement of 13.01 acres. Alternatives 1. Recommend to the City Council approval of the Final Plat of Eagle Creek Bluff, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Eagle Creek Bluff, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of 3323.73 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Street widths shall be revised to 36 feet (face to face of curb). V) The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. vi) All streets shall be dedicated with the first phase of Final Plat development, per Resolution No. 3943. vii) Copies of easement documentation shall be provided to the city for the access easement and the easement for trail purposes. The easement for trail purposes shall be included on the final plat drawing. viii) The developer is responsible for the costs associated with connecting to the existing Boiling Springs Lane, including: right-of-way acquisition, construction, and restoration. ix) The developer shall provide ISTS (Individual Sewage Treatment Systems) data per Building Department requirements. X) The Homeowners Association Documents shall provide for the perpetual maintenance and payment of taxes on all outlots in this development. The Homeowners Association Documents shall be approved by the City Attorney. xi) The developer shall provide a security of$7500.00 for the costs associated with connecting to Boiling Springs Lane to the north. Action Requested 1. Offer a motion to recommend to the City Council the approval of the Final Plat of Eagle Creek Bluff, subject to conditions and move its approval. 2. Offer a motion to direct staff to revise Resolution No. 3943 to allow an open space area of 13.01 acres within the Eagle Creek Bluff development, and move its approval. luEe Klima Planner I i:\commdev\boaa-pe\1996\oct03pc\fpegcrbl.doe _ �, ,. mL 11 It EXHIBIT B LAKE I1 AG 0 I 1 RJR ; 0 AG SLTBJiEC,r SIB AG u RR AG CL Y AG RR AG "=LAC - RR d RR S P - Y RR AG L I • LEGEND PIKE Q2Z� LAKE ., a Zcnes :cerly n =,� ! -eriCUiture R? ; R;;rcl Residential Low -Derls:ty -Reside^tiCI r i Urbc,-. Resident`-,[ Old Shako.pee Residentici R2 Mediurrl Density Residentici I R3 I Multiple FCrnily Residenticl ! 01 Highway Business Office Business $-S-1 Centrcl Business i l Light Industrial 0 Pecvy Industrial mo:or Recreation C-.er!cy Zones —S-+�nCrElCnd -- -- 7 r F'--cdp;c;n District l EXHIBIT C INTER-OFFICE MEMORANDUM TO. Julie Klima, Planner I FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Eagle Creek Bluff Final Plat DATE: September 24, 1996 After review of the referenced project, I have the following comments for the planning department, and for the applicant: One of the conditions of the preliminary.plat was to require the developer to pay the storm water trunk charge if the charge was adopted and published, prior to final plat approval by the City Council. The City Council has adopted the storm water trunk charge. However, as part of the approval for this charge, the Council has ruled that this plat would be exempt from the charge. This condition should be removed from the conditions originally included with this plat. Because of changes made to the plat, the applicant is not able to get the open space requirements and the average lots size requirements that were approved for the PUD. After you and I met with the applicant, we agreed that the Planning Commission and City Council should consider modifying the resolution adopted for the PUD. Opinion of cost for connection (obtain easement/reconstruct 50 feet of street/restoration): Easement S 500 Reconstruction 3,000 Restoration 1,000 Administration/Leeal 3.000 TOTAL 57,500 Recommendation Recommend approval of the Final Plat, subject to the following conditions: a) Prior to recording of the Final Plat, the following actions must be completed: 1. Those listed in the Resolution for the approval of the Preliminary Plat(except for the condition regarding the payment of the trunk storm sewer charge); and 2. 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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for Eagle Creek Bluff, described as attached on Exhibit A, is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$323.73 per residential lot. The Park Dedication payments shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer shall provide a security of$7500.00 for the costs associated with connecting to Boiling Springs Lane to the north. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Street widths shall be revised to 36 feet (face to face of curb). V) The developer shall provide drainage and utility easements, as required by the Subdivision Ordinance. vi) All streets shall be dedicated with the first phase of Final Plat development, per Resolution No. 3943. vii) Copies of easement documentation shall be provided to the city for the access easement and the easement for trail purposes. The easement for trail purposes shall be included on the final plat drawing. This trail easement is to be located in Outlots B and C. viii) The developer is responsible for the costs associated with connecting to the existing Boiling Springs Lane, including: right-of-way acquisition, construction, and restoration. ix) The developer shall provide ISTS (Individual Sewage Treatment Systems) data per Building Department requirements. x) The Homeowners Association Documents shall provide for the perpetual maintenance and payment of taxes on all outlots in this development. The Homeowners Association Documents shall be approved by the City Attorney. xi) The developer shall name the cul-de-sac along the eastern boundary of the subject property. This street name shall conform to the City Street Naming Policy. The Final Plat shall be revised to include this street name. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 • EXHIBIT A That part of the North 1320.00 feet of the Southeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, lying Easterly of the center lines of Scott County State Aid Highway No. 89 ( now Scott County State Aid Highway No. 18) and Scott County State Aid Highway No. 16. and, That part of the South Half of the Northeast Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota lying easterly of the center line of County Road No. 89 as defined by Document No. 182830, Scott County Recorders Office ( now Scott County State Aid Highway No. 18) and southerly of the following described line : Commencing at the northwest corner of said South Half of the Northeast Quarter ; thence South 88 degrees 59 minutes 38 seconds East assumed bearing along the north line of said South Half of the Northeast Quarter a distance of 733 . 85 feet ; thence South 18 degree 51 minutes 58 seconds East a distance of 388 . 65 feet to the point of beginning of the line to be described ; thence South 77 degrees 38 minutes 11 seconds East a distance of 1831 . 07 feet more or less to a point on the east line of said South Half of the Northeast Quarter distant 588 . 98 feet northerly of the southeast corner and there terminating . EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT: Beginning at the southeat corner of said South Half of the Northeast Quarter : thence west along the south line of said South Half of the Northeast Quarter a distance of 460. 40 feet; thence deflecting to the right at an angle of 96 degrees 34 minutes 00 seconds a distance of 271 . 54 feet ; thence deflecting to the left at an angle of 90 degrees 21 minutes 30 seconds a distance of 95 . 00 feet ; thence deflecting to the right at an angle of 102 degrees 41 minutes 40 seconds a distance of 308 . 40 feet ; thence deflecting to the right at an angle of 86 degrees 00 minutes 00 seconds a distance of 431 . 63 feet to a point on the east line of said South Half of the Northeast Quarter distant 460. 60 feet northerly of the southeast corner ; thence southerly along said east line a distance of 460. 60 feet to the point of beginning . RESOLUTION NO. 4554 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3943, A RESOLUTION APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE EAGLE CREEK BLUFF PLANNED UNIT DEVELOPMENT. WHEREAS, the City Council of the City of Shakopee did review the Preliminary and Final Development Plans for the Planned Unit Development of Eagle Creek Bluff on January 13, 1994; and 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: I. The following variances are approved: A. A variance to Section 11.25, Subd. 5, is approved to reduce the minimum lot size requirement within the R-1 Zoning District from 2.5 acres to an average lot size of 1.42 acres, with the smallest lot proposed for 1.07 acres. B. A variance to Section 11.35, Subd. 6 is approved to reduce the minimum lot width from 200 feet to 150 feet for all lots within the Shoreland District (Lots 2, 3, and 4, Block 3; Lot 1, Block 4; Lots 8, 9, 10, 11, 12, and 13, Block 5; and Lots 1, 2, and 3, Block 6) when measured at the front setback line. C. A variance to Section 11.25, Subd. 5 is approved to reduce the minimum lot width from 150 feet to 40 feet for Lots 7 and 8, Block 5, when measured at the front setback line. D. A variance to Section 11.35, Subd. 7.B is approved to allow the impervious roadway surface of the proposed Eagle Creek Bluff Drive to be located less than fifty feet from the ordinary high water mark for Eagle Creek. II. The following design changes will be required: A. Streets 1. All streets shall be dedicated with the final plat of the first phase. 2. No direct access to the lots along Eagle Creek Bluff Avenue will be permitted, except for Lot 1, Block 4. B. Land Use 1. The number of single family residential lots is limited to a maximum of 31, unless one additional acre of land is purchased by the applicant and included in the plat. This one acre acquisition would allow 32 lots to be developed. 2. The location of septic systems within the Shoreland District shall be at least 150 feet from the ordinary high water mark for Eagle Creek. 3. The developer shall provide 13.01 acres of the site as open space. This land must be usable open space and cannot include land devoted to streets, alleys, parking, and private yards. 4. The vegetation adjacent to Eagle Creek is to be preserved or enhanced in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark. A permanent survey monument pin and visible concrete marker (flush to grade) shall be provided on each side of each lot at the 200 foot setback line from the ordinary high water mark. 5. The vegetation adjacent to the wetland areas is to be preserved or enhanced in a natural state. Restrictive covenants shall be recorded to ensure the protection of the wetlands. A permanent survey monument pin and visible concrete marker (flush to grade) shall be provided on each side of each wetland at the ordinary high water mark. III. The following procedural actions must be taken: A. The developer shall enter into a recordable Development Agreement with the City stating the conditions of approval of the Planned Unit Development. B. Platting and construction improvements shall occur in accordance with the phasing plan approved with the PUD. C. Approval of the Planned Unit Development is contingent upon approval of a Permit to Work In Protected Waters by the Minnesota Department of Natural Resources for the crossing of Eagle Creek by Eagle Creek Bluff Avenue. The Department of Natural Resources (DNR) must also approve any work affecting DNR regulated Wetland Nos. 2, 3, and 4. D. Approval of the Preliminary and Final Development Plan is contingent upon receiving a Certificate of Exemption form the Wetlands Act of 1991. E. The annual septic system inspection process, financial guarantees, and reporting system must be established and in operation prior to the release of the first building permit. F. The developer shall provide the City with a copy of covenants including the homeowner's association provision for the PUD. These covenants must be reviewed and approved by the City Attorney. G. Approval of the Final Development Plan is contingent upon the approval the following by the City Engineer: 1. The Preliminary Grading and Drainage Plan; 2. The Erosion Control Plan; 3. The Stormwater Management Plan, including the stormwater calculations; and 4. The Final Construction Plans for all public improvements. H. The homeowners association will be responsible for maintenance of the common facilities, including the open space, the common water system, and the shared driveway for Lots 7 and 8, Block 5. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties with the PUD. I. Following the construction of Boiling Springs Lane within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along the north side of Lots 3 and 4 of Block 1, Lot 1 of Block 2, and Outlot A(open space) must be vacated and the existing driveway connection to CR 17 be removed. IV. The following park dedication requirements shall be required: A. A 40 percent park dedication credit shall be applied to the park dedication fee, per Section 11.40, Subd. 4.E, subject to the following provisions: 1. The applicant shall construct an eight (8) foot wide bituminous trail in the Eagle Creek Bluff Avenue right-of-way. 2. The applicant shall dedicate a public pedestrian easement and construct a four (4) foot wide wood chip trail around Eagle Creek on Outlots B and D. 3. The homeowners association shall be responsible for the maintenance of the two public trail systems in the PUD. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Note: The language in italics, is that language being revised. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 JD. . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Reconsideration of Ordinance No. 465, establishing PUD # 7, Canterbury Park 2nd Addition DATE: October 10, 1996 Introduction: At its October 1 st meeting, the City Council voted to approve the above-named ordinance. This occurred after much discussion about whether amphitheaters should be specifically excluded, but without such exclusion having been made. The discussion related to action taken in connection with the establishment of the Canterbury Park PUD [sic]. During the discussion, Jon Albinson, Project Director for Valley Green Business Park, expressed no opposition to such an exclusion. Subsequent to the meeting, the City Clerk reviewed Ordinance No. 417 creating PUD Overlay Zone No. 3 (Canterbury Park), a copy of which is attached. The Ordinance does limit concerts, live music and outdoor events. Based on that information, Ordinance No. 465 is being brought to the Council to determine whether it wishes to revisit that issue, and place similar limitations on concerts, live music and outdoor events. Alternatives: 1. Do not reconsider Ordinance No. 465, letting it stand as originally approved. 2. Reconsider Ordinance No. 465, limiting concerts, live music and outdoor events. Recommendation: Because the issue relates to a policy decision previously made by the City Council, staff does not have a specific recommendation. Action Requested: A motion consistent with the Council's wishes to a"nd or not amend Ordinance No. 465. R. Michael Leek Acting Community Development Director ORD465.DOGRML 1 ORDINANCE NO. 465 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF CANTERBURY PARK, NORTH OF COUNTY ROAD 16 AND THE SHAKOPEE BYPASS FROM MAJOR RECREATION (M-R) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 9. WHEREAS, the owner of the land described on Exhibit A, and located south of Canterbury Park, North of County Road 16 and the Shakopee Bypass, has submitted an application requesting rezoning from Major Recreation (M-R) to Planned Unit Development Overlay Zone No. 9; and WHEREAS, notices were duly sent and posted, and a public hearing held on September 5, 1996, and continued on September 19, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council subject to conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY ORDAINS; Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, located south of Canterbury Park, North of County Road 16 and the Shakopee Bypass, from Major Recreation (M-R) to Planned Unit Development Overlay Zone No. 9; and Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; 1. Minimum lot area of 1 acre instead of 10 acres, 2. Minimum lot width of 150 feet instead of 300 feet, 3. Minimum front yard setback of 40 feet instead of 50 feet, 4. Minimum side yard setback of 20 feet instead of 25 feet, 5. Minimum rear yard setback of 20 feet instead of 30 feet Section 3 - uses are restricted to those depicted on Exhibit B, "Proposed PUD Uses." Section 3 - The following procedural actions must be taken: 1. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the CP2NDPUD.D0C/RN1L 3 drawings submitted are approved, only if they are sized appropriately to meet these requirements. 2. The private drive for Canterbury Park will become a public street, or alternative public street will be dedicated, as indicated on the PUD submittals. Access onto County Road 16 will be across from the connection of Vierling Drive with County Road 16, as indicated on the PUD submittals. 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval as required by the Wetland Conservation Act. Section 4 - Effective Date. This ordinance becomes effective from and after the date of its publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1996. CP2NDPUD.DOCa%1L 4 EXHIBIT A Outlots A, B, C and D; Lots 1 and 2, Canterbury Park 2nd Addition plus Lot 1, Block 1, Canterbury Park 4th Addition plus The East 1/2 of SW 1/4 Section 9, Twp. 115, R 22W, except the plat of Canterbury Park 4th Addition, and except that portion of the land which lies south of the TH 101 Bypass, City of Shakopee, County of Scott, Minnesota. MNDPUD.DOGRIML 4 4 ,® Canterbury Park 2nd Addition PUD October 1996 3 Proposed PUD Uses Uses within a PUD, according to the City Code, must correspond to the underlying zoning district, except as "authorized" or "designated" in the development plan. Within the Canterbury Park 2nd PUD, Valley Green AD proposes the following list of permitted and conditional uses, compared with the current MR standards in the following table. We have included the most likely uses anticipated in this PUD. Any other uses would be as stipulated in the underlying MR district (either not allowed or by Conditional Use Ail Permit). With PUD approval for Canterbury Park 2nd, the City will approve 20 as authorized uses the uses as listed below. IQ IQ Proposed Current Uses PUD Status MR Status s 0 Public recreation . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . P 40 Restaurants,class I . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . P Public buildings . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . P so Utility services . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . P me Commercial recreation . . . . . . . . . . . . . . C . . . . . . . . . . . . . . C/PUD ja Restaurants, class II so (no drive-up or drive-through) . . . . . P . . . . . . . . . . . . . . C/PUD Hotels, motels and conference centers . . P . . . . . . . . . . . . . . C/PUD ja Retail uses and entertainment . . . . . . . . C . . . . . . . . . . . . . . C/PUD as Administrative, executive, and is professional offices . . . . . . . . . . . . . P . . . . . . . . . . . . . . C/PUD A Health and athletic facilities . . . . . . . . . . C . . . . . . . . . . . . . . C/PUD Uses having a drive-up or drive-through window A (excluding restaurants) . . . . . . . . . . . C . . . . . . . . . . . . . . C/PUD is Financial institutions . . . . . . . . . . . . . . . C . . . . . . . . . . . . . . N A Medical or dental clinics .. . . . . . . . . . . . C . . . . . . . . . . . . . . N Office-showroom, office-warehouse . . . C . . . . . . . ... . . . . . N P=Permitted Use C/PUD=Conditional Use or PUD N=Not Mentioned ORDINANCE NO. 417, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND COMMONLY KNOWN AS CANTERBURY PARK FROM RACE TRACK DISTRICT TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 3. WHEREAS,the owners of the land described on Exhibit A, commonly ]mown as Canterbury Park, submitted an application requesting rezoning from Racetrack District (RTD) to Planned Unit Development Overlay Zone; and WHEREAS, notices were duly sent and posted, and a public hearing was held on May 4, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning 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. 11.03 is hereby amended by rezoning land described on Exhibit A., commonly known as Canterbury Park, from Race Track District to Planned Unit Development Overlay Zone No. 3. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. I. The Project shall operate in accordance with the plans in the informational package submitted by the applicant and dated April 25, 1995, and all Exhibits and Attachments. II. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. III. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is hereby approved. IV. 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 Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. 3 Section 3 - That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code by Repealing Chapter 11, Land Use Regulations (Zoning); Sec. 2.90, Official Maps - Effect and procedures, of Chapter 2, Administration and General Government; and Sec. 4.30, Signs - Construction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and Regulations; and adopting one New Chapter in Lieu Thereof Relating to the Same Subject is hereby amended by deleting the last sentence of Section 6-Effective Date. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in V.session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of th i o hakopee Attest: J T olerk ved as to form: City Attorney Published in the Shakopee Valley News on the day of 1995. 4 Section 3 - That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code by Repealing Chapter 11, Land Use Regulations (Zoning); Sec. 2.90, Official Maps - Effect and procedures, of Chapter 2, Administration and General Government; and Sec. 4.30, Signs - Constriction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and Regulations; and adopting one New Chapter in Lieu Thereof Relating to the Same Subject is hereby amended by deleting the last sentence of Section 6 -Effective Date. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1995. Mayor of o th i Shakopee Attest: Cir(Clerk A oved as to form: �9 City Attorney Published in the Shakopee Valley News on the day of 1995. 4 April 25, 1995 Page 14 se # Use Name Use Area M No. A. Commercial recreation, major. 1. ass A licensed horse racetrack which includes customary 1 ac sory uses, activities and facilities. 2. Class licensed horse racetrack which includes customary 1 accesso ses, activities and facilities. 3. Simulcast ra ' ;, which includes customary accessory use 1 activities and ilities. 4. Commercial recre\*on hich is define d as structure d open 1 space designed, ced and operated by priva enterprise for recreational pand open to the gener public. 5. Employee housing and do itories presently xisting in the 2 `< backside. 6. Food and drink concessions, pro; es, tip sheet sales, etc. 3 — 7. Horse racing and workout area. I 3 8. Hotwalkers in the backside. ( 2 9. Horse auctions. 3 10. Horse barns in the bac de. 2 11. Sales of feed and in the backside. 2 12. Live music. 4 13. Trade and tr el shows. 4 14. Collecti shows. 4 15. Circ es/carnivals. 1 16. P lic safety training. 1 17. Public service events. 18 Winterfest. 4 9. Snowmobile racing. 3 015R2079348 4/25/95 e Pep ee �r � Pft 312o s e a April 25, 1995 Page 15 se # Use Name Use Area M No. 20. Product shows for cars, vehicles, equipment, boats and home, c. 21. Te orary tents. 1 22. Firewo 4 23. Autumn/sp ' p arts and crafts festival. 4 24. Shakopee Sho ase. 1 25. Vehicle performs events. I 5 B. Restaurants,��es II 1. Class H Restaurant includ g sale of alcoholi everaoes with 6 appropriate City liquor licen . C. Hotels, motels and con ence enters. 1. Conference center. I 6 D. Horse care uses inc�Xt�eonn a ing, training, showing, grooming clinic facilities. 1. Horse care uses including carding, training, owing, 3 grooming and veterin clinic facilities. E. Retail uses/d entertainment facilities. 1. Retail sales rely d to all of the other approved uses. 1 F. Ad ' 'strative, executive, and professional office 1. Th/bide,nt of the grandstand, the administration building in 7 the the harness paddock building, ticket sales bui Health and athletic facilities. 1. Ballfields, play area within the practice track in the backside. 8 1 Private club on the third floor of the grandstand, historically N/A known as the "Turf Club". 01522079348 4125i95 Q �� � . See �� p /►Ice P e April 25, 1995 Page 16 e # Use Name Use Area N Developments containing more than one principal structure per lot. 1. All exis buildings and structures since they are all locate 1 on one lot arcel. O. Other us similar to those permitted in th' subdivision determined by the Board Adjustment an ppeals. 1. Indoor and outdoor storage quipment ed in the operation 3 of the Uses. 2. Commercial storage of boats and tional vehicles, interior 9 and exterior. 3. Banners and signs on the tenor of the gran d. N/A 4. Uses similar in natu to the above (with the co rre g Use N/A Area Map). 5. Existing s ures and physical improvements. 1 6. Of;Xuse'd parkin g as presently located at the subject property 1 to as needed for all approved uses. 7. y of the above enumerated uses (with the correlating Use Area Map) if it is found they do not belong to the other use category set forth above for same Miscellaneous Clarifications and Limitations on the Above Approved Uses Based Upon Ouestions Posed by the Planning Commission. 1. Live Music. Our intent was only to obtain approval in the PUD for the use of live music as has been conducted in the past. We referred the Planning Commission to the text in our prior letter and in this letter which states: 5. Live Music. Outdoor/indoor; public and private. All types of music from rock and country to jazz and classical to marches and inspirational. The music has been done in background and atmosphere format as well as for concerts and dances. Performers have ranged from well-known professionals to amateurs from schools and communities. Approximately one hundred events have attracted hundreds of performers and thousands of spectators. I 01522079348 425/95 v R e P / m c e )m e^'? P 65 e � THIS PAGE REPLACES PAGES 14, 15, AND 16 OF THE PLANS IN THE INFORMATIONAL PACKAGE SUBMITTED BY THE APPLICANT AND DATED APRIL 25, 1995 AND ALL EXHIBITS AND ATTACHMENTS 1. Class A licensed horse racetrack which includes customary accessory uses, acti,.q*ties and facilities. 2. Class B licensed horse racetrack which includes customary accessory uses, acti�"Ities and facilities. 3. Simulcast racing, which includes customary accessory uses, activities and facilities. 4. Commercial recreation which is defined as structures and open space designed, constructed and operated by private enterprise for recreation purposes and open tot he general public. 5. Employee housing and dormitories presently existing in the backside. 6. Retail sales. 7. Theater, dance, and other entertainment. 8. Convention center, shows, conference center. 9. Circuses/camivals. 10. Fireworks. 11. Temporary tents and structures. 12. Motorized vehicle events. 13. Class II restaurants including sale of alcoholic beverages with appropriate City liquor license. 14. Health and athletic facilities. 15. Horse care uses including boarding, training, showing, grooming and veterinary clinic facilities. 16. Interior and exterior commercial storage of boats and recreational vehicles. 17. Existing structures and physical improvements. 18. Off street parking as presently located to be used as needed for all of above uses. 19. Uses similar in nature to the above. 20. Administrative, executive and professional offices related to the above uses. 21. Multiple buildings per lot. 22. Except as provided herein, all uses of the site shall be in compliance with all federal, state and city regulations including, but not limited to health and environmental code requirements. 23. Concerts and live music only if incidental to items 1, 2, 3, 4 or 8 of the permitted uses. 24. Outdoor events (concerts and live music) not incidental to items 1, 2, 3, 4 or 8 with actual attendance over 10,000 shall be limited to five (5) per year. Additional events shall be allowed or denied by the City Council bases on the following criteria: 1. Substantiated noise complaints from previous events, or 2. Nuisance concerns, or 3. An adverse recommendation by the Police Chief, or 4. Health, safety or welfare concerns. (i:lplanning\admin`,I41516.doc) CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Public Works Personnel DATE: October 15, 1996 INTRODUCTION: Staff is requesting City Council authorization to advertise for the replacement of Harry Pass, Public Works Foreman, who will be retiring at the end of this year. BACKGROUND: Harry Pass is the Public Works Foreman, which is a non-union position in charge of supervision of the maintenance workers. Mr. Pass has indicated that he will be retiring at the end of this year. In order to have a replacement for this position in place at the time that Mr. Pass retires, a hiring process should begin as soon as possible. The Public Works Foreman position currently in the 1996 Non-Union Pay Plan, has 74 points and a salary range of$30,228.00 - $37,785.00. This position is also a non exempt position, in which overtime pay is allowed. In the budget workshops earlier this year, staff had presented a revised Public Works Department structure, in which the Public Works foreman position would be upgraded to a Public Works Supervisor position. In addition, lead person positions are proposed to be created in order to assist the Public Works Supervisor in the supervision of work done by Public Works crews. Attached to this memo are the following items for Council review: • Exhibit A of the 1996 Non-Union Pay Plan • Proposed 1997 Public Works-Engineering Department Structure Chart • Current Job Description for the Public Works Foreman Position • Proposed Job Description for the Public Works Supervisor Position In hiring a replacement for Harry Pass, at this time, staff sees three options available. They are as follows: 1. Authorize hiring a Public Works Foreman, which is the current position authorized by City Council, with the understanding that this position could be upgraded to a Public Works Supervisor job classification in the future. 2. Authorize hiring a Public Works Supervisor, as described in the job description, and amend the Non-Union Pay Plan for this position to have 86 points and job salary range of $35,090 - $43,800 and exempt status. This is essentially the position proposed in the 1997 Budget. 3. Do not authorize a replacement hiring at this time and utilize Acting Foreman from the maintenance worker pool, on a weekly basis, until such time as a replacement is authorized by Council. Staff would recommend Option No. 2, the authorization of hiring a Public Works Supervisor, if Council agrees with the proposed 1997 Public Works Budget. If Council does not want to authorize the hiring of this position before the Budget is approved or if this item is tabled for additional information, then Option No. 3 is recommended, utilization of Acting Foreman on a weekly basis until a position is authorized by City Council. If Council does not agree with staff on upgrading the Public Works Foreman position to Public Works Supervisor,then Option No. 1 should be selected. In the Public Works job description, staff Haas added extra duties in the administrative and supervisory work in managing the operations of the Public Works divisions. These duties include more involvement in the preparation of budgets, measuring work performance, scheduling of work activities, coordination with other city departments and agencies, purchasing of equipment, development of maintenance policies and standards, and public relations with citizens. Note that the existing requirement for the current Public Work's Foreman's job description requires 3 years of supervisory experience. With the current organization, no existing Public Work's employees would meet that minimum qualification. In order to keep this possible for current employees, we are recommending that supervisory experience be desired. ALTERNATIVES: 1. Authorize staff to advertise and hire a Public Works Supervisor and amend the 1996 Non-Union Pay Plan for this position, reflecting 86 points at a pay range of$35,090- $43,800. 2. Authorize staff to advertise and hire a Public Works Foreman, as per the current job description and 1996 Pay Plan. 3. Do not authorize staff to advertise for a replacement for the Public Works Foreman position at this time, and direct staff to utilize Acting Foreman, until the position has been authorized and filled by City Council. 4. Table for additional information. 5. Adopt Resolution No. 4553, a resolution amending Resolution No. 4352, amending the 1996 Pay Schedule for the Public Works Supervisor Position of the City of Shakopee. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 5, as this position was budgeted for in 1997 and a replacement supervisor should be hired to provide continuity of supervision for the Public Works Department. This should be done by adopting the attached Resolution No. 4553 (amending the 1996 Pay Plan to include a Public works Supervisor position). ACTION REQUESTED: 1. Move to authorize the appropriate City staff to utilize Scott County personnel to advertise for a Public Works Supervisor for the Public Works Department. 2. Offer Resolution No. 4553, A Resolution Amending Resolution No. 4352, Amending the 1996 Pay Schedule for the Public Works Supervisor Position of the City of Shakopee and move its adoption. Bruce Loney Public Works irector BL/pmp SUPERVISOR RESOLUTION NO. 4553 A Resolution Amending Resolution No. 4368, Amending The 1996 Pay Schedule For The Public Works Supervisor Position Of The City of Shakopee WHEREAS, on December 5, 1995, the Shakopee City Council adopted Resolution No. 4352 approving the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, the addition of responsibilities in the job description for the position of Public Works Foreman makes it desirous to amend the 1996 Pay Schedule for Officers and Non-Union employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Public Works Foreman position classification is hereby amended by changing the position to Public Works Supervisor and to reflect a point value of 86 for the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at the follow pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $35,040 $37,230 $38,325 $39,420 $40,515 $41,610 $42,705 $43,800 Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk EXHIBIT A 1996 Non-Union Pay Plan +r 12/14/95 Amended 96 1996 Top �r 1/1/96 1995 95+3.11 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 j. Poe. Classification Step Top Step 8/6/4 801 851 87.51 901 92.51 951 91.51 1001 ' r i Ag' 535.8766 552.4888 4` !' 138.00 City Administrator 8• 73950.97 76243.45 $60,995 $64,807 $66,713 $68,619 $70,525 $72,431 $74,337 $16,243 t j 113.00 Finance Director 8• 60554.06 62431.23 $49,945 $53,067 $54,621 $56,188 $57,749 $59,310 $60,870 $62,431 114.00 City Attorney B. 61089.93 62983.72 $50,381 $53,536 $55,111 $56,665 $58,260 $59,835 $61,409 $62,984 ��fj 122.00 P.W. Dir./Eng. 2 a.• 65376.95 61403.63 $53,923 $57,293 $58,978 $60,663 $62,348 $64,033 $65,719 $67,404 is 1 119.00 Police Chief 8• 63769.32 65746.16 $52,591 $55,884 $57,526 $59,172 $60,815 $62,459 $64,103 $65,746 100.00 A5st. Admin./C.S. 8• 53567.66 55248.88 $44,199 $46,962 $48,343 $49,724 $51,105 $52,466 $53,868 $55,249 96.00 Comm. Dev. Director 3 b.• 51444.15 53038.92 $42,431 $45,083 $46,409 $47,735 $49,061 $50,387 $51,713 $53,039 80.00 City Clerk 8• 42870.13 44199.10 $35,359 $37,569 $38,674 $39,779 $40,884 $41,989 $43,094 $44,199 525.3692 541.6556 100.00 Deputy Chief 8• 52536.92 54165.56 $43,332 $46,041 $47,395 $48,749 $50,103 $51,457 $52,811 $54,166 87.00 Recreation Supt. 2 c.• 45707.12 47124.04 $37,699 $40,055 $41,234 $42,412 $43,590 $44,768 $45,946 $47,124 1'1' 83.00 Civil Engineer Sd.• 42750.63 44957.42 $35,966 $38,214 $39,338 $40,462 $41,586 $42,710 $43,833 $44,957 76.00 Planner I 1 e.• 39928.06 41165.83 $32,933 $34,991 $36,020 $37,049 $38,078 $39,108 $40,137 $41,166 p.r. 515.0678 531.0349 i 87.00 A3st. City Attorney 2 f.• 44810.90 46200.04 $36,960 $39,270 $40,425 $41,580 $42,735 $43,890 $45,045 $46,200 'r 70.00 A35[. Faculty Mgr. • 36054.75 37172.44 $29,738 $31,597 $32,526 $33,455 $34,385 $35,314 536,243 $37,172 ; � i 495.2575 510.6105 83.00 Acct./Analyst 4 g. 44076.00 42380.67 $33,905 $36,024 $37,083 ~ r , $38,143 $39,202 $40,262 $41,321 $42,381 +'. . 78.00 Rec. Supervisor h. 42988.00 42988.00 $31,862 $33,853 $34,849 $35,645 $36,841 $37,836 $38,832 $39,828 !. 74.00 PW Foreman B 36649.06 37785.18 $30,228 $32,117 $33,062 $34,007 $34,951 $35,896 $36,841 $37,785 70.00 Recreation A33t. 8 36054.75 35742.73 $28,594 $30,381 $31,275 $32,168 $33,062 $33,956 $34,849 $35,743 67.00 Exec. Sec. B 33182.25 34210.90 $27,369 $29,079 $29,935 $30,790 $31,645 $32,500 $33,356 $34,211 61.00 Legal Sec. 8 30210.71 31147.24 $24,918 $26,475 $27,254 $28,033 $28,811 $29,590 $30,369 $31,147 51.00 Clerk Typist 3 1. 25258.13 26041.13 $20,833 $22,135 $22,186 $23,437 $24,088 $24,739 $25,390 $26,041 4' j Pay Plan Notes • Employees who are exempt and entitled to receive one additional week of vacation. � a. Employees anniversary date for next step increase is 2/6. j? t r b. Employees anniversary date f or next step increase is 2/14. Paul Bllotta's position classification is changed to Comm. Dev. Director Effective 1/1/96 C. Employees anniversary date for next step increase is 11/6. d. Employees anniversary date for next step Increase is 3/1. J�r, e. Employees anniversary date f or next step increase is 10/2 )Nicole Bennet and Julie Baumann). ;r• t f. Employees anniversary date for next step increase is 6/22. g. Employees anniversary date for next step increase is 1/1. h. Employee is frozen at 1995 rate since current pay exceeds top step of pay plan. i. Employees anniversary date for next step increase is 1/1. r PROPOSED 1997 PUBLIC WORKS /ENGINEERING DEPARTMENT STRUCTURE PUBLIC WORKS DIRECTOR/CITY ENGINEER PUBLIC WORKS/ENGINEERING SECRETARY F- -1 - PUBLIC WORKS ASSISTANT SUPERVISOR/FOREMAN CITY ENGINEER STREET PARK MECHANICS PROJECT LEADPERSON LEADPERSON COORDINATOR MAINTENANCE TECHNICIANS li WORKERS SEASONAL ENGINEERING EMPLOYEES INTERNS SENTENCE TO SERVE COMMUNITY SERVICE C:\DwG\PWORG City of Shakopee Job Description JOB TITLE: PUBLIC WORKS FOREMAN EXEMPT: No JOB CODE : 74 SALARY LEVEL: DIVISION: Public Works SHIFT: DEPARTMENT: Public Works LOCATION: EMPLOYEE : REPORTS TO: Public Works Director PREPARED BY: Barry A. Stock DATE: 04\18\94 APPROVED BY: DATE: SUMMARY: Supervises and coordinates activities of workers engaged in repair and public works maintenance activities by performing the following duties . ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Monitor and participate in all street and park maintenance items including snow and ice control, street repairs, traffic signs, turf and athletic field maintenance, forestry, playgound equipment, weed control and diseased tree program. Directs workers and assists in maintaining and repairing the City' s sanitary sewer system, including preventative maintainance on all sewer mains, repairing manholes and covaers, repairing broken or damaged sewer mains and responding to sewer back up calls to clean out any clogged sewer lines . Directs workers and assists in cleaning and repairing storm sewers, and sewer catch basins . Operates and repairs equipment such as jackhammers, pumps, air compressors, and other equipment used in repair and maintenance of sewers . Directs workers in operation of mobile closed circuit television monitoring system to inspect internal areas of sewer lines . Supervise all street and park employees in the performance of their assigned work and schedule all maintenance activities . Supervises the City Mechanics and ensures that all vehicles and equipment are maintained or repaired in a timely fashion. Provide short term work direction and participate in all street and park maintenance related activities . - 1 - i JOB DESCRIPTION Job Title : PUBLIC WORKS FOREMAN Assist the Public Works Director in the scheduling and supervision of employees, activities, material and equipment and training as required. Assist the Public Works Director in purchasing, preparing equipment specifications and preparation of the annual budgets . Enforce safety and environmental rules and regulations . Inspects city streets on a regular basis to determine maintenance needs and follows up on complaints from the public . Responds to emergency situations or call backs during non-working hours . Performs safety and Civil Defense activities when requested. SUPERVISORY RESPONSIBILITIES : Directly supervises 10 to 14 employees in the public works department . Carries out supervisory responsibilities in accordance with the organization' s policies and applicable laws . Responsibilities include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems . QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE: High School Education plus a minimum of 5 years of equipment operation, including at least 3 years of supervisory experience and 3 years of municipal public works experience . j LANGUAGE SKILLS : Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals . Ability to write routine reports and correspondence . Ability to speak effectively before groups of customers or employees of organization. MATHEMATICAL SKILLS : 2 - JOB DESCRIPTION Job Title : PUBLIC WORKS FOREMAN Ability to calculate figures and amounts such as discounts, interest, commissions, proportions, percentages, area, circumference, and volume . Ability to apply concepts of basic algebra and geometry. REASONING ABILITY: Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists . Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form. CERTIFICATES, LICENSES, REGISTRATIONS : Employee must possess valid Minnesota Commercial Drivers License with Tanker and Air Brake endorsements OTHER SKILLS and ABILITIES : Thorough knowledge of operational aspects of public works maintenance department/division. Ability to deal effectively and tactfully with the public, responding to and resolving complaints . Demonstrated ability to lead a work crew, work cooperatively with co-workers, work independently without direct on-site supervision, make on-site decisions related to task assignments and operate all equipment . Demonstrated ability to maintain records in accordance with federal and state laws and city policies . Thorough knowledge of all maintenance equipment necessary to efficiently operate the Public Works Department and the ability to operate such equipment . PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; and smell . The employee must occasionally lift and/or move up to 25 3 - JOB DESCRIPTION Job Title : PUBLIC WORKS FOREMAN pounds . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee frequently works in outside weather conditions . The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, risk of electrical shock, and vibration. The noise level in the work environment is usually moderate . - 4 - City of Shakopee Job Description JOB TITLE : PUBLIC WORKS SUPERVISOR EXEMPT: Yes JOB CODE : 86 SALARY LEVEL: DIVISION: Public Works SHIFT: DEPARTMENT: Public Works LOCATION: EMPLOYEE : REPORTS TO: Public Works Director PREPARED BY: Bruce Loney DATE : 10/09/96 APPROVED BY: DATE : SUMMARY: Responsible administrative and supervisory work in directing a maintenance, repair and construction program involving municipal streets, sanitary sewer, storm sewer and park systems . This full-time position serves as a working supervisor, with the primary duty being the direction and execution of maintenance operations for the City' s street, shop and park divisions in the Public Works Department . Work involves the supervision of employees in the performance of varied repair, maintenance, and construction activities and involves supervision of Public Works employees . Work also involves a variety of administrative duties in maintaining records and preparing reports . Work is performed with considerable independent judgement in making assignments, revising work methods, and is reviewed by analysis of operating records, inspections, and conferences . Assists in developing maintenance policies and standards for street, shop and park divisions . Considerable public relations opportunities will occur with residents . ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Directly supervises employees in the public works department . Carries out supervisory responsibilities in accordance with the organization' s policies and applicable laws . Responsibilities include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems . Responsible for maintaining and repairing the City' s sanitary sewer system. Assists as needed. Responsible for maintaining and repairing the City' s storm sewer system. Assists as needed. - 1 - JOB DESCRIPTION Job Title : PUBLIC WORKS SUPERVISOR Plans, organizes and supervises the work of personnel involved in maintenance, repair, equipment operation and construction activities; advises subordinates on unusual problems, procedures, practices and policies . Reviews results of the work force' s activities and evaluates personnel performance . Monitors and participates in all street and park maintenance including snow and ice control, street repairs, traffic signs, turf and athletic field maintenance, forestry, playgound equipment, weed control and diseased tree program. Supervises the City Mechanics and ensures that all vehicles and equipment are maintained or repaired in a timely fashion. Maintains a variety of time, equipment and activity records, prepares and submits reports on a regular basis . Assigns daily work assignment to the work force . Gives on-the-job direction and supervision to crews engaged in assigned activities . Develops work schedules and priorities for various maintenance activities . Makes certain proper equipment and supplies are available to complement the activities of the work force . Instructs subordinates in safety, methods of work and operation and maintenance of equipment . Enforces safety and other mandated regulations . Meets with other city departments and agencies for coordination of public works activities . Assists the Public Works Director in purchasing, preparing equipment specifications, designing, and modification of equipment; purchases supplies and materials; participates in developing annual budgets . Assists in developing maintenance policies and standards for the street, shop and park divisions . Performs inspection duties for preventative purposes pertaining to public works infrastructure . Responds to emergency situations or call backs during non-working hours . Performs safety and Civil Defense - 2 - JOB DESCRIPTION Job Title : PUBLIC WORKS SUPERVISOR activities when requested. Receives and disposes of a variety of requests and complaints, through verbal and written correspondence . Record keeping of maintenance activities . Other duties as assigned. SUPERVISORY RESPONSIBILITIES : Directly supervises 10 to 14 employees in the public works department . Carries out supervisory responsibilities in accordance with the organization' s policies and applicable laws . Responsibilities include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems . QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE : High School Education plus a minimum of 5 years of equipment operation, including at least 3 years of municipal public works experience . Preference given for supervisory experience . LANGUAGE SKILLS : Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals . Ability to write routine reports and correspondence . Ability to speak effectively before groups of customers or employees of organization. MATHEMATICAL SKILLS : Ability to calculate figures and amounts such as discounts, interest, commissions, proportions, percentages, area, circumference, and volume . Ability to apply concepts of basic algebra and geometry. REASONING ABILITY: Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited 3 - JOB DESCRIPTION Job Title : PUBLIC WORKS SUPERVISOR standardization exists . Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form. Thorough knowledge of the occupational hazards involved and the safety precautions necessary to the safe conduct of work and equipment . Ability to plan, organize, supervise, and coordinate the work of several work crews engaged in a wide variety of complex maintenance construction and repair activities . Ability to make decisions recognizing established precedents and practices and to use resourcefulness and tact in meeting new problems . Ability to establish and maintain effective working relationships with other employees, subordinates, and the general public contacted in the course of the work. Ability to understand, follow, and work from a wide variety of maps, plans, blueprints, and other orders . Ability to maintain records, prepare reports and perform various complex administrative duties pertaining to the area of responsibility and in accordance with federal and state laws and city policies . Ability to communicate effectively with co-workers . Ability to deal with citizens in a professional manner in all situations . Thorough knowledge of operational aspects of public works maintenance department/division. Ability to deal effectively and tactfully with the public, responding to and resolving complaints . Demonstrated ability to lead a work crew, work cooperatively with co-workers, work independently without direct on-site supervision, make on-site decisions related to task assignments and operate all equipment . Thorough knowledge of all maintenance equipment necessary to efficiently operate the Public Works Department and the ability to operate such equipment . CERTIFICATES, LICENSES, REGISTRATIONS : 4 - JOB DESCRIPTION Job Title : PUBLIC WORKS SUPERVISOR Employee must possess valid Minnesota Commercial Drivers License with endorsements OTHER SKILLS and ABILITIES : Extensive knowledge of the materials, methods, techniques, tools, and equipment used in repairing, maintaining and constructing public works facilities . Computer literacy desirable . PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl ; and smell . The employee must occasionally lift and/or move up to 25 pounds . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus . WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee frequently works in outside weather conditions . The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, risk of electrical shock, and vibration. The noise level in the work environment is usually moderate . - 5 - RESOLUTION NO. 4553 - A Resolution Amending Resolution No. 4368, Amending The 1996 Pay Schedule For The Public Works Supervisor Position Of The City of Shakopee WHEREAS, on December 5, 1995, the Shakopee City Council adopted Resolution No. 4352 approving the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS,the addition of responsibilities in the job description for the position of Public Works Foreman makes it desirous to amend the 1996 Pay Schedule for Officers and Non-Union employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Public Works Foreman position classification is hereby amended by changing the position to Public Works Supervisor and to reflect a point value of 86 for the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at the follow pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $35,130 $37,326 $38,424 $39,522 $40,620 $41,717 $42,815 $43,913 (NON- EXEMPT) Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4553 - A Resolution Amending Resolution No. 4368, Amending The 1996 Pay Schedule For The Public Works Supervisor Position Of The City of Shakopee WHEREAS, on December 5, 1995, the Shakopee City Council adopted Resolution No. 4352 approving the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, the addition of responsibilities in the job description for the position of Public Works Foreman makes it desirous to amend the 1996 Pay Schedule for Officers and Non-Union employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Public Works Foreman position classification is hereby amended by changing the position to Public Works Supervisor and to reflect a point value of 86 for the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at the follow pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $36,535 $38,819 $39,960 $41,102 $42,244 $43,386 $44,527 $45,669 (EXEMPT) Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Memorandum of Understanding between the City and Mn/DOT on K-Mart Linear Pond DATE: October 15, 1996 INTRODUCTION: Attached to this memo is a Memorandum of Understanding, between the City of Shakopee and the Minnesota Department of Transportation (Mn/DOT), on work to be done inside Mn/DOT right-of-way and future maintenance responsibilities associated with the K-Mart linear pond. This Memorandum of Understanding is for Council consideration for the overall drainage improvements of the industrial area in the City of Shakopee. BACKGROUND: Staff has had several meetings with WSB & Assoc, the City's engineering consultant, on hydraulic issues and also the designer of Valley Park 13th Addition on the overall drainage improvements that are needed and could be constructed with the Valley Park 13th Improvement Project. The K-Mart linear pond has been constructed from County Road (C.R.) 83 to the Prior Lake - Spring Lake Watershed District overflow channel to serve as a regional water basin for both Mn/DOT and the City of Shakopee. This linear pond was constructed with the Shakopee Bypass construction project. In the agreement with Mn/DOT, Mn/DOT has paid for all right-of-way associated with this pond and their portion of drainage in the area. The City did pay for the construction costs associated with this pond as prorated based on drainage area. The agreement with Mn/DOT did not specifically address the maintenance responsibilities for this pond. The City does have the vast majority of area associated with this pond, and typically a maintenance arrangement is agreed to by Mn/DOT and the City for a pond of this nature. The proposal, at this time, is to deepen the pond from Valley Park Drive to the east to where the drainage would discharge into a series of wetlands before ultimately being discharged into the Prior Lake - Spring Lake overflow channel and into the Minnesota River. To meet the Met Council's water treatment criteria, additional treatment area is needed in this drainage district to properly treat the water. On September 27, 1996, Mn/DOT's representative met with WSB & Assoc. engineers and staff to discuss this proposal and the viability of this proposal. Per this meeting, Mn/DOT is willing to allow the City to construct a pond that would increase stormwater treatment storage, if the City is willing to maintain this portion of the pond from Valley Park Drive eastward. It is also being proposed that the developer of Valley Park 13th Addition would excavate the pond for his excavation needs, and the only cost to the City would then be an ongoing maintenance of this portion of the K-Mart linear pond. If this pond construction is not done, additional water treatment storage will be needed in upstream areas and would take away industrial tax base land. Staff believes this is a win, win situation for Mn/DOT, the City and the developer. Mn/DOT would be relieved of future maintenance responsibilities of the K-Mart linear pond, from Valley Park Drive to the east terminus, while the City would gain those maintenance responsibilities as their cost in providing a pond that would serve the entire drainage district. The developer would gain necessary excavation materials in order to construct this site to the elevations desired. Since the City of Shakopee has the vast majority of drainage area to this pond, versus Mn/DOT, it perhaps could have been oversight on the maintenance responsibilities in the preparation of the initial agreement. Mn/DOT is willing to allow the City to reconstruct the pond to meet its regional ponding needs, if the City assumes these maintenance responsibilities. This Memorandum of Understanding would start that agreement process, in which Mn/DOT would only need to grant the City an easement over the area for future maintenance in order for this agreement to take place. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Memorandum of Understanding with Mn/DOT, for the drainage easement of the K-Mart linear pond, from Valley Park Drive to the east terminus. 2. Do not execute the Memorandum of Understanding. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the City can meet its overall regional pond treatment needs, by reconstructing the K-Mart linear pond by assuming the maintenance responsibilities for this pond. Staff believes the benefits received, such as industrial land not being taken out of production by ponding, far outweighs the cost associated with maintenance responsibilities of the pond. In addition, the City does have the vast majority of drainage area in this pond and this perhaps should have been a City maintenance responsibility to begin with. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Memorandum of Understanding with Mn/DOT, for the K-Mart linear pond drainage easement, from Valley Park Drive to the east terminus. �� yr Bruce Loney Public Works Director BL/pmp POND State of Minnesota Metro Division Department of Transportation Memorandum of Understanding Between: City of Shakopee and the Minnesota Department of Transportation Re: Issues Relating to Work in and Adjacent to the Kmart Linear Pond, as well as Maintenance Considerations Associated with the Basin As a follow-up to our meeting on Friday, September 27, 1996, please be advised that the following agreement was reached: 1. The Minnesota Department of Transportation (Mn/DOT) will allow the City of Shakopee to work in the Kmart Linear Pond from Valley Park Drive easterly to a point at which the Dean's Lake Outlet directs storm water runoff into the Dean's Lake Outlet ditch. The City intends to widen this ditch along the north slope approximately 30 feet and lower the pond bottom to an approximate elevation of 934. 2. The City will agree to maintain all areas north of the Kmart Linear Pond east of Valley Park Drive that are within the Mn/DOT right-of-way from a point on the south side of the basin that has an elevation of approximately 742. The City will maintain all areas of the basin north of this point and Mn/DOT will maintain all areas south of this line. It is also understood Mn/DOT will maintain all areas within the right-of- way for all areas west of Valley Park Drive. It is anticipated that Mn/DOT will install a fence line on the south side of the Kmart Linear Pond from Valley Park Drive to the east to the Prior Lake/Dean's Lake Outlet Channel. 3. The City of Shakopee will agree to construct and maintain outlet structures that serve the Kmart Linear Pond. 4. Mn/DOT will draft and dedicate to the City a ponding and flowage easement over areas within the Kmart Linear Pond up to the point at which the fence line is constructed. 5. A permit will be secured from Mn/DOT to work in the Kmart Linear Pond prior to beginning the proposed excavation in this location. F:I WPWIM 1014./7V&M.UND Memorandum of Understanding City of Shakopee and Minnesota Department of Transportation October 8, 1996 Page 2 6. The City will refine the storm water management plan for the area to reflect the current City's position that they will not divert storm water runoff to Dean's Lake from an area shown on the previous storm water management plan. It is understood that the City of Shakopee will submit information to Mn/DOT demonstrating that directing water that was previously to be diverted to Dean's Lake and instead direct it to the Kmart Linear Pond will not have an adverse impact on conveyance system or flooding elevations in that ponding area. 7. The City of Shakopee intends to maintain a maximum 100-year high water elevation of 948 in the Kmart Linear Pond instead of the previously-identified elevation of 950. It was understood that lowering the tail water on the culverts crossing the bypass right-of-way will have a beneficial impact on capacity of these systems. 8. The City of Shakopee will secure approval from the Metropolitan Council Environmental Services and submit this information to Mn/DOT, along with their permit, to provide Mn/DOT with assurances that the sanitary sewer located on the north edge of the Kmart Linear Pond will not be impacted as a result of the pond expansion. F:I WPWIM 1014.17Wff l.UND IN TESTIMONY WHEREOF the parties have executed this memorandum of understanding by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE ATTEST: RECOMMENDED FOR APPROVAL: By: Mayor Date By: _ Metro Division Engineer By: City Administrator Date By: -- — By: State Aid Engineer City Clerk Date RECOMMENDED FOR APPROVAL: By: By: --- Assistant Commissioner City Engineer APPROVED: By: Deputy Commissioner of Transportation Date of Understanding F.IWPW/M1014.1'V MW..UND 1 4- i 4L 4�, x A� V at Ov J/ S RE&11Y ICANTERBURYI _ 1 6S r" Wetland Mitigation and <_.= 7 Stormwater Rate Control and Treatment Site Area to be Maintained Area to be Main ; `- by MN/DOT by City of Shakopee OLM LAKE 9 dew ear Pond S - 31�r i�Q. � City of Shakopee Drainage Area=878 Acres r . = r VIN/DOT Drainage Area = 92 Acres Total Service Area =970 Acres AK I Np.� g 1 Legend City of Shakopee Drainage Area PRIOR LAK MN/DOT Drainage Area Linear Pond 350 Westwood Lake Office Linear Pond WSB Project No. 1028.20 Date:October 9,19% WSB 8441 Wayzata lis,MN Boulevard 55426 ]Drainage Area Map Minneapolis,MN 55426 ® 812-54148W Figure 1 � Associates,/nc. FAX 541-1700 Shakopee, Minnesota CITY OF SHAKOPEE �� C Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Street Lights at CSAH 17 and C.R. 82 DATE: October 15, 1996 INTRODUCTION: Attached is an agreement, which was prepared by Scott County addressing the City's participation in the installation and operation of street lights at the intersection of County State Aid Highway (CSAH) 17 and County Road (C.R.) 82. The County has requested that the City execute the agreement so the street light installation can proceed. BACKGROUND: The participation agreement from the County states that the County will install the street light at their cost and in return the City will accept responsibility for operation and maintenance. This arrangement has been followed in the past and is in compliance with the Scott County Cost Participation Agreement. Staff has sent this agreement to SPUC to inform them of the pending work. Staff also sent the agreement to be reviewed by legal counsel. The agreement was approved by Jim Thomson if the agreement is revised to include the City Clerk signature block as required by City Code. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute the agreement, for participation in the installation and operation of a street lights, at the intersection of CSAH 17 and C.R. 82. 2. Do not execute the agreement. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Move to authorize the appropriate City officials to execute the agreement, for participation in the installation and operation of a street light, at the intersection of CSAH 17 and C.R. 82. Bruce Loney Public Works Director BL/pmp LIGHT CITY OF SHAKOPEE Memorandum 1 ! e G TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Street Lights at CSAH 17 and C.R. 82 DATE: October 15, 1996 INTRODUCTION: Attached is an agreement, which was prepared by Scott County addressing the City's participation in the installation and operation of street lights at the intersection of County State Aid Highway (CSAH) 17 and County Road (C.R.) 82. The County has requested that the City execute the agreement so the street light installation can proceed. BACKGROUND: The participation agreement from the County states that the County will install the street light at their cost and in return the City will accept responsibility for operation and maintenance. This arrangement has been followed in the past and is in compliance with the Scott County Cost Participation Agreement. Staff has sent this agreement to SPUC to inform them of the pending work. Staff also sent the agreement to be reviewed by legal counsel. The agreement was approved by Jim Thomson if the agreement is revised to include the City Clerk signature block as required by City Code. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute the agreement, for participation in the installation and operation of a street lights, at the intersection of CSAH 17 and C.R. 82. 2. Do not execute the agreement. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Move to authorize the appropriate City officials to execute the agreement, for participation in the installation and operation of a street light, at the intersection of CSAH 17 and C.R. 82. Bruce Loney Public Works Director BL/pmp LIGHT CSAH 17 @ CR 82 City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE INSTALLATION AND OPERATION OF A STREET LIGHT THIS AGREEMENT, Made and entered into this day of 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a street light at the intersection of County State Aid Highway 17 and County Road 82 within the City; and WHEREAS, The City has expressed its willingness to participate in the operating cost of said street light; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of M.S. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I The County shall install, or cause the installation of a street light at the intersection of CSAH 17 and CR 82. Such installation, as described immediately above, shall be hereinafter referred to as the "project." t A CSAH 17 @ CR 82 City of Shakopee County of Scott The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in. the most recently recorded Electrical Inspection Fee Schedule. III The City shall provide the electrical energy for the operation of the street light to be installed under the project, all at the sole cost and expense of the City. IV Upon completion of the work, the City shall maintain the street light including, but not limited to photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof at the sole cost and expense of the City. V The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. VI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by 2 CSAH 17 @ CR 82 City of Shakopee County of Scott the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. VII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. VIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. CSAH 17 @ CR 82 City of Shakopee County of Scott IX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. X The provisions of M.S. 181 .59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 4 CSAH 17 9 CR 82 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By: (SEAL) Mayor Date And: And: City Clerk City Administrator Date Date COUNTY OF SCOTT ATTEST: By: By: County Administrator Chairman of Its County Board Date Date RECOMMENDED FOR APPROVAL: By: County Engineer Date Upon proper execution, this agreement will be legally valid and binding. APPROVED AS TO EXECUTION By: County Attorney Date F-W:\AG RM11COOP\17 @82-SH 2/22/94 Rev. 10/10/96 5 CITY OF SHAKOPEE 0 • / 1 Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Local Transportation Plan DATE: October 15, 1996 INTRODUCTION: Attached to this memorandum is an agreement and scope of services for a Local Transportation Plan with optional area studies for East Shakopee, Canterbury Park and the Courthouse area. Staff has requested a proposal from WSB & Assoc., Inc. for these transportation planning services. BACKGROUND: In the 1996 Budget in the Street Division, staff has budgeted $15,000.00 for a transportation plan for the City of Shakopee. A transportation study was strongly recommended by the Metropolitan Council to be done when the Comprehensive Plan was approved for the City of Shakopee. Staff had proposed this study in the 1996 Budget to analyze our existing and future street collectors, due to the impacts of the Shakopee Bypass and future MUSA expansion on these collectors. In the attached proposal under the Scope of Services, there are six tasks associated with the Local Transportation Plan. They are as follows: • Data Collection • Computer Modeling/Forecasting • Roadway Standards • Existing Collector System Analysis • Future Collector System analysis • Report Preparation With the Local Transportation Plan, a determination of traffic volumes will be done based upon a transportation model utilizing Scott County existing modeling files. The City will be able to forecast its transportation volumes in the future for existing and future collectors. This is the main cost of the proposed transportation study. With the model being created and calibrated, the City can then determine the traffic volumes for its collectors, especially in the MUSA expansion areas and other developing areas to determine the right-of-way and street widths needed to serve these areas. This model will be programmed with the roadway network inplace and future roadways that are programmed by the State, County, and the City. The Transportation Plan will be able to analyze traffic patterns and their impacts with the new Bypass and the recently approved land use plan from the Comprehensive Plan. The main reason for a Local Transportation Plan, would be to assist staff in planning the right-of-way widths and street widths needed for future collectors and to communicate this information to developers as development occurs in the new MUSA areas. For instance, the benefit of this plan would be to identify whether a two lane or a four lane facility is needed in the developing areas. This would prevent the City from oversizing or undersizing its street system, thus maximizing the City's dollars in constructing its collector street system. If this plan determines that a segment length of a collector does not need to be a four lane but a two lane,the plan has essentially paid for itself. Other areas contained in the proposed optional area studies are as follows: A. East Shakopee Transportation Study B. Canterbury Park Area Study C. Courthouse Area Study Optional Area A - East Shakopee Transportation Study This is a study that was authorized in 1993 at a cost $16,500.00, to SRF Consulting Group, Inc., and the project has been put on hold until the Comprehensive Plan could be completed. At this time, SRF Consulting Group has done work that would be considered data collection and background information. Staff feels it is appropriate to cancel the remaining work on this contract and incorporate into one consultant engineering transportation proposal. From a letter received from SRF Consulting Group, Inc., they estimate that the study can be completed for $11,500.00. This amount is approximately $3,000.00 over the remaining budget in the contract. WSB &Assoc.'s proposal is to complete the area study for $5,000.00. Staff would like to point out that the model that is being created and calibrated, in the Local Transportation Plan, benefits the East Shakopee area, thus some of those costs are included in the model costs, thus this area study cost is reduced. If the East Shakopee area was to be studied under a separate proposal, this cost would be much higher and perhaps similar to the East Shakopee Study proposal from SRF Consulting Group. Staff would recommend that this area be included for study, due to the MUSA expansion in this area, and the Shakopee Crossing Development proposals that will be submitted soon to the City. Approximately $8,000.00 remains in the previously approved contract that could be applied to the Transportation Study proposal. Optional Area Study B - Canterbury Park Area This study would look at options for collector street roadway systems and determine the impacts to the future and existing roadway systems in this area. Costs of this study is proposed to be $2,500.00. Staff feels that an official designation or mapping of this collector street system, in this area, is necessary in order to fully develop this area and would recommend approval of this study. Optional Area Study C - Scott County Courthouse Campus Site It is proposed to review the access and circulation patterns, due to the proposed County Courthouse expansion, and look at the transportation impacts to the City's collector system, local neighborhoods and access and circulation around the Courthouse. The cost of this study is estimated to be $2,500.00. Staff is of the opinion that a transportation study of some magnitude is necessary to analyze how to manage the traffic in this area. This proposal could be added at any time. It may be more appropriate to add after a meeting with Scott County on the issues associated with this project area. With the creation of a transportation model, the cost of analyzing any area can be significantly reduced when there are transportation issues to analyze in the City of Shakopee. The total cost of the Local Transportation Plan and the Optional Area Studies A, B and C is $30,000.00. Engineering has budgeted $15,000.00 for a Transportation Study and the Planning Department previously had $8,000.00 left in the budget for the East Shakopee Transportation Study back in 1993. Many of the benefits of the Transportation Study assists the Community Development Department in its planning of future development. Staff does need a budget amendment in the Street Division - Professional Services Account. Many of these funds were used this year to pay for the Pavement Management System in which a budget resolution was done in 1995. However, not all of the funds were expended in 1995. Staff is requesting a transfer of funds again to budget year 1996. The Community Development Department does have funds available in their budget, due to significant staff turnover this year. The remaining amount of funds needed for transportation planning services is proposed to be out of the Planning Budget. Funding for this proposal would be as follows: Fund Division Account Amount General Street Professional Services $15,000.00 General Planning Professional Services $15,000.00 ,ALTERNATIVES: 1. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc., Inc., to provide engineering services for a Local Transportation Plan and Option Area Studies as determined by Council. 2. Do not authorize the agreement for a Local Transportation Plan at this time. 3. Table this item for additional information from staff. 4. Adopt Resolution No. 4552, A Resolution Amending Resolution No. 4354, Adopting the 1996 Budget. 5. Deny Resolution No. 4552. RECOMMENDATION: Staff recommends Alternatives No. 1. and No. 4., so that a Local Transportation Plan can assist staff in planning of street collectors in developing areas, as well as analyzing of impacts to existing collectors in the City of Shakopee. Staff believes that all three optional study areas should be included, as there are transportation questions in all three areas that need further analysis. ACTION REQUESTED: 1. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc., Inc. to provide engineering services for a Local Transportation Plan and Optional Area Studies as determined by Council. 2. Offer Resolution No. 4552, A Resolution Amending Resolution No. 4354, Adopting the 1996 Budget and move its adoption. '��9 C� Bruce Loney,`�'.E. Public Works Director BL/pmp LTP RESOLUTION NO. 4552 A Resolution Amending Resolution No. 4354 Adopting The 1996 Budget WHEREAS,the City Council has adopted a budget for the fiscal year; and WHEREAS, funds for a Pavement Management System were spread over the budget years, 1994 and 1995, with $25,000.00 budgeted each year; and WHEREAS,the budgeted amount for 1994 was not spent; and WHEREAS, a budget amendment was adopted to increase the funds for the Pavement Management System to $50,000.00 for budget year 1995; WHEREAS, expenditures for the Pavement Management System were made in budget years 1995 and 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: FUND DIVISION ACCOUNT AMOUNT General Street Professional Services $29,593.83 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk - B.A.Mittelsteadt,P.E. 350 Westwood Lake Office Bret A.Weiss,P.E. 8441 Wayzata Boulevard Peter n d W.Sterna,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 October 9, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Local Transportation Plan WSB Proposal No. 086.96 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work,as detailed on the attached scope of services, Exhibit"A", on a cost-reimbursable basis, not to exceed $30,000. We are available to begin work plan as soon as authorized by the City and we anticipate to be completed with our work within ten to twelve weeks from the date of notice to proceed. The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, W SA&Associ tes, Inc. Bret A. Weiss, P.E. City Administrator Vice President City Clerk Mayor _--- Date c: Chuck Rickart, WSB Infrastructure•Engineers•Planners EQUAL OPPORTUNITY EMPLOYER F:IWPWINWROPOSAL1086961100996.eL L Scope of Services Local Transportation Plan Task 1 -Data Collection: This task would involve collection of available data from the City of Shakopee, Scott County,Minnesota Department of Transportation(Mn/DOT), and the Metropolitan Council. The data would include, but is not limited to: • Existing and projected traffic data • Land use data • Scott County Transportation Plan, including TranPlan Modeling files • All of the City's transportation related reports • All turning movement traffic counts conducted within the City in the past five years • Any city base mapping available • Data collected as part of the east-side Transportation Plan study in electronic and hard copy format It is assumed that the City will provide personnel to conduct any traffic volume counts required as part of this study. Task 2- Computer Modeling/Forecasting: Based on the available data and the TranPlan computer modeling files from Scott County, a model will be developed of the City's transportation system. This will provide the City with a base for analyzed transportation improvements. The following methodology will be used in the development of the transportation model and forecast. Model Development Based on the existing roadway and traffic data collected, a computer model will be developed using the TranPlan Modeling Software Program. The model will include; the development of an existing transportation network (i.e. the City's primary roadway system); the development of a Transportation Analysis Zone (TAZ) system that would divide the City into analysis zones with concentrated origins and destinations; and, inputting the existing land use,population and traffic data by TA-Z. WSB Proposal No. 086.96 Ar Scope of Services - Section I A Page I WSB Model Calibration Once the model has been developed and data has been entered by TAZ, an initial (existing) assignment can be run. The results will be compared to the existing traffic counts on the roadway network. Adjustments will be made to trip generation rates, roadway capacities, vehicle speeds, etc. to calibrate results of the two existing conditions, in accordance with the National Cooperative Highway Research Program (NCHRP) Circular 255 Standards. Transportation Forecasts Once a model has been calibrated to existing conditions, a future year analysis can be conducted. This would involve entering the projected land use, population and programmed roadway network into a model by TAZ then running the model for the proposed future conditions. The result of the analysis will be a baseline forecast in which alternative land use ad roadway scenarios can be compared. Task 3 -Roadway Standard. This task would involve reviewing the City's current roadway standards, determining their adequacy and developing revised standards as required. This task will include development of guidelines, policies and ordinances for review and approval by the City Council. Task 4-Existing Collector System Analysis: This task will involve analysis of the existing collector roadway system. Based on the traffic volume and land use data produced by the transportation model,the existing collector system will be analyzed to determine if the existing collector designated roadways are correct or if revisions should be made to the existing system. Task S- Future Collector System Analysis: This task will involve analyzing the projected traffic volumes on the roadway system and future land use assumptions based on the traffic forecasts developed in Task 2 to determine if and where additional collector roadways should be developed. This will include determining the proposed street widths and right-of-way widths required for these potential roadways in accordance with the standards and policies developed in Task 3. Task 6- Report Preparation: A draft report will be developed which describes all data collected, modeling procedures, the analysis of the future roadway system, and recommendations as to standards for collector roadways. The draft report will be distributed WSB Proposal No. 086.96 N Scope of Services - Section:I A Page 2 WSB _...............___.... to the City for review. The final report will then be developed addressing all comments. The final report will be presented to the City Council. Task 7-Area Studies Optional: A. East Shakopee Transportation Study - This study will involve reviewing the street access and potential roadway system in and around the Dean's Lake area. This would include analyzing and reviewing the proposed Shakopee Crossings Development; reviewing access considerations across the lake to the west side adjacent to CSAH 16 and CSAH 83; and analyzing the impacts of the construction of CSAH 21 and CSAH 18. B. Canterbury Downs Area Study-This study would involve review of the circulation and roadway system around the Canterbury Downs Race Track. This will include the analysis of a proposed connection between Shenandoah Drive at TH 101 and the extension of 12th Avenue at County Road 83. The analysis will include determination of impacts to the existing and future roadway systems. C. Courthouse Area Study - This study would involve reviewing the access and circulation patterns as proposed by Scott County. It will include addressing issues associated with; impacts to the local neighborhoods; impacts to the City's existing and future collector roadway system; and, access and circulation around the court house. WSB Proposal No. 086.96 Ar Scope of Services - Section I A Page 3 WSB II. Cost Summary Local Transportation Plan _... ........ ........ . ___ ........ ....... Task' Cost 1. Data Collection $2,000.00 2. Modeling/Forecasting $7,800.00 3. Roadway Standards $3,500.00 4. Existing Collector System Analysis $2,200.00 5. Future Collector System Analysis $2,500.00 6. Report Preparation $2,000.00 Total Cost $20,000.00 *7. Area Studies (Optional) A. Dean's Lake $5,000.00 B. Canterbury Downs $2,500.00 C. Court House $2,500.00 Total $10,000.00 *Area study costs assume modeling has been completed. WSB Proposal No. 086.96 AF Cost Summary - Section II A Page I WSB ll. l9 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approve Plans and Specifications and Order Advertisement for Bids for Trunk Sanitary Sewer in Areas"SS-H" and"SS-D", Project No, 1996-6; and Lateral Sanitary Sewer Extension, Project No. 1996-9 DATE: October 15, 1996 INTRODUCTION: On June 18, 1996, the City Council approved Resolution No. 4456, a resolution ordering the preparation of plans and specifications for a trunk sanitary sewer in Areas "SS-H" and "SS-D". Also, on August 20, 1996, the City Council approved Resolution No. 4499, a resolution ordering the preparation of plans and specifications for a lateral sanitary sewer extension, through French Trace and the property east of French Trace. The plans and specifications for these improvements have been completed and are ready to be sent out for bids. Attached is Resolution No. 4538, approving the plans and specifications and ordering the advertisement for bids for Project No.'s 1996-6 and 1996-9. BACKGROUND: The plans for the improvements have been completed and are ready to be sent out for bids. The purpose of this item is to accept the plans and specifications and to order the advertisement for bids. It is anticipated that all necessary easements will be obtained shortly and the EAW will be reviewed by the time of bid opening. In order to construct the project this year, approving the plans and ordering an advertisement for bids is necessary. Awarding the contract for this project will have to be after a negative declaration of the EAW, which was mandatory for this trunk sewer. ALTERNATIVES: 1. Move to approve Resolution No. 4538, approving the plans and specifications and ordering the advertisement for bids, for the trunk sanitary sewer in Areas "SS-H and "SS-D", Project No. 1996-6 and the lateral sanitary sewer extension through French Trace and the property east of French Trace, Project No. 1996-9. 2. Table this item. 3. Do not approve the plans and specifications. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4538, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for The Trunk Sanitary Sewer Areas "SS-H" & "SS-D", Project No. 1996-6; and for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 move its adoption. AM- Bruce Loney Public Works Director BL/pmp MEM4538 RESOLUTION NO. 4538 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Trunk Sanitary Sewer Areas "SS-H" & "SS-D", Project No. 1996-6; And For The Installation Of Sanitary Sewer Laterals In The NE 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22; And The NW 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 WHEREAS, pursuant to Resolution No. 4456 adopted by City Council on June 18, 1996 and Resolution No. 4499 adopted by City Council on August 20, 1996, Bruce Loney, Public Works Director has prepared plans and specifications for the installation of trunk sanitary sewer in Areas "SS-H" and "SS-D" and extension of sanitary sewer laterals through French Trace and the property east of French Trace and has presented such plans and specifications to the Council for approval- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Approve Plans and Specifications and Order Advertisement for Bids for Valley Park 13th Addition Improvements, Project No. 1996-8 DATE: October 15, 1996 INTRODUCTION: On September 17, 1996, City Council approved the preliminary plat of Valley Park 13th Addition and ordered plans and specifications by Resolution No. 4519. At that time a petition from the applicant was filed with the City for the street, sewer, and water improvements. The plans and specifications for these improvements have been completed and are ready to be sent out for bids. BACKGROUND: The developers have requested the City of Shakopee to install the improvements necessary to serve their plat with streets and utilities, including lighting. The developers are currently in the process of grading the site, at their expense. The plans for the improvements have been completed, and are ready to be sent out for bids. The purpose for this item is to accept the plans and specifications, and to order the advertisement for bids. Because the City Council has not approved the Final Plat, the contract for these improvements cannot be awarded. However, the plans and specifications can be sent out, and bids can be received. Selecting a contractor and awarding the contract will have to wait until a Final Plat has been approved by the City Council. ALTERNATIVES: 1. Move to approve Resolution No. 4543, approving the plans and specifications and ordering an advertisement for bids for the improvements of Valley Green 13th Addition. 2. Table this item. 3. Do not approve the plans and specifications. 4. Do not order advertisement for bids. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4543, A Resolution Approving the Plans and Specifications and Ordering Advertisement for Bids, for Valley Park 13th Addition Improvements, Project No. 1996-8 and move its adoption. .i" ©0 v. Joel Ru herford Assistant City Engineer JR/pmp MEM4543 RESOLUTION NO. 4543 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Valley Park 13th Addition Improvements Project No. 1996-8 WHEREAS, pursuant to Resolution No. 4519, adopted by City Council on September 17, 1996, Bruce Loney, Public Works Director has prepared plans and specifications for the Valley Park 13th Addition Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk ae. . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Street Lights on Monroe Street, from 11 th Avenue to 12th Avenue DATE: October 15, 1996 INTRODUCTION: Attached is Resolution No. 4404, a resolution receiving a report and calling a hearing on the addition of a street light on Monroe Street, from 11 th Avenue and 12th Avenue. BACKGROUND: On October 1, 1996, City Council adopted Resolution No. 4527, a resolution ordering the preparation of a feasibility report on street light improvements on Monroe Street, from 11th Avenue to 12th Avenue. The feasibility report is attached for Council approval. This improvement is for the installation of one street light to be placed at mid-block. The installation costs were obtained from Shakopee Public Utilities Commission (SPUC), since SPUC work crews will be installing the light. The attached resolution sets a date for a public hearing for this project on November 19, 1996 as required by State Statutes. The approval of Resolution No. 4547 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners, adjacent to the project area and the general public, an opportunity to f address the City Council on the project. Staff will make a brief presentation at the November 19, 1996 Council meeting to provide an overview of the project and the feasibility report. Staff will make a full presentation at the November 19, 1996 Council meeting on the feasibility report for the public and the Council at the public hearing. ALTERNATIVES: 1. Adopt Resolution No. 4547. This action will receive a feasibility report and set the date for the public hearing for November 19, 1996. 2. Deny Resolution No. 4547. This action will halt the project until such time as City Council reconsiders the resolution. 3. Move to receive the feasibility report but do not set a date for the public hearing at this time. This action will place the project on hold until such time as City Council sets a date for the public hearing. 4. Table Resolution No. 4547,to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4547, as this would allow a public hearing and public input to take place on the proposed improvements to decide whether or not this project should move forward. ACTION REQUESTED: Offer Resolution No. 4547, A Resolution Receiving a Report and Calling a Hearing on Street Light Improvements on Monroe Street, from Ilth Avenue to 12th Avenue and move its adoption. Bruce Loney 71 Public Works Director BL/pmp MEM4547 RESOLUTION NO. 4547 A Resolution Receiving A Report On Street Light Improvements On Monroe Street, From 11th Avenue To 12th Avenue WHEREAS, pursuant to Resolution No. 4527 of the City Council adopted October 1, 1996, a report has been prepared by the City Engineer, with reference to the improvement on Monroe Street, from 11th Avenue to 12th Avenue, by installation of a street light and appurtenant work and this report was received by the Council on October 15, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of Monroe Street, from 11 th Avenue to 12th Avenue, by installation of a street light and appurtenant work in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$1,815.00. 2. A public hearing shall be held on such proposed improvements on the 19th day of November, 1996, at 8:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1996-11 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk FEASIBILITY REPORT FOR MONROE STREET, INSTALLATION OF STREET LIGHTS SHAKOPEE, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. v Date Registration No. 17590. OCTOBER 1996 CONTENTS FOR MONROE STREET, INSTALLATION OF STREET LIGHT SHAKOPEE, MINNESOTA Description Page No. Introduction 1 Scope 1 Background 1 Proposed Improvements 1 Cost Estimate 2 Funding & Special Assessments 2 Conclusion 2 Appendix INTRODUCTION On October 1, 1996, a petition was received from residents living on Monroe Street requesting a feasibility report for the installation of street lights on Monroe Street, between 11th Avenue and 12th Avenue. SCOPE This report evaluates the feasibility of installing street lights on Monroe Street, between 11 th Avenue and 12th Avenue. BACKGROUND Monroe Street, between 11th Avenue and 12th Avenue, currently has street lights at the intersection but none between 1 lth Avenue or 12th Avenue. This block is approximately 950 feet in length. PROPOSED IMPROVEMENTS A street light is proposed to be installed by Shakopee Public Utilities Commission at mid-block. 1 COST ESTIMATE The cost to install one street light at the mid-block point on Monroe Street is as follows: Street Light $ 1,100.00 10% Contingency $ 110.00 50% Engineering/Administration $ 605.00 TOTAL PROJECT COST $ 1,815.00 FUNDING/SPECIAL ASSESSMENTS The City has been assessing additional street light to benefitting property owners when requested. It is proposed to assess the improvement cost on a per lot basis with corner lots receiving a 50%reduction as per the City's Special Assessment Policy. Estimated Assessment Cost Number of Assessable Lots Assessment $1,815.00 22 Lots $82.50/Lot CONCLUSION This report finds that the construction of a street lights is both desirable and feasible. 2 APPENDIX PAGE NO. Petition 1 - 2 Location Map 3 Cost Estimate from Shakopee Public Utilities Commission 4 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS Date We, the undersigned, owners of the following described real properly, abutting on the proposed improvement and bcncfittcd thereby, hereby petition the City Council of tic City of Shakopee,for tic following public improvements: on Qy1/�D r S C Strcct/Avcnuc,between Strcct/Avcnuc and Strect/Avenue,and request that the same be made during the year In making this petition the undersigned understands that the City of Shakopee, its agents or employee carmot 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. PETITIONE1 LEGAL DESOUPTION te, Bl o K loo?' 1 G� 1 s rah N. Nt°n ors n4a Monroe St. W X133 1mx*1 -e St [)A Ph uN 20 1� 5T. 04 11So �c r rte iv Lg c�Q�h�ic�� 1l-D�-) N16 n vUe Q�1Ynr SF, as IV r-4 6 s - .L k Alyp el S�z 1 hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. ircul or pcl.sa 1 CITY OF SHAKOPLL PETITION FOR PUBLIC IMPROVEMENTS Date g /996 We, the undersigned, owners of the following described real property, abutting on tine proposed improvement and bencrated thereby, hereby petition the City Council of the City of Shakopee,for the following public improvements: Oil e Sf StrccVAvcnuc,between %//h SlrccVAvcnue mid �' Strcel/Avenue,and request that the same be made during tic year In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot. guarantee tic anount 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 l F-GAI,D1.SCIUIITION &6 dvu- h n a o �1, // p'2 /`'IL7- e NO 177oNrde- Sl_ I(gq Monroe S�. I hereby, verify that I circulated the above petition and that the above signat res of the property owners and petitioners were affixed in illy presence. ircul or pct.sa 2 LEV - -�o� r LANE D r � I� gR00K a 1sT PROJECT (/) �� cowl •� L ❑ CATION � N0.K3 �� Chr.r a L� J y W V� G�lGPVO O 6�N ¢ a j K❑ CT o.L Y P(� co�'g CL T 7 E wcR z a H ❑ E J z 0 L7 3 f W N OT' AVE. N N Q 10 H _ ° a S�• xno ica M _ cwwo cacC xm �- SvCCKY bwr(MC N N CIi KN�1 Kl CNRM tt aKU. MCUEVif I1T AVE, .. KTE C[KtC v, M RT VALLEY MALL W W W N kwr W v> pq z O J i rm d E O 1 ° a W �° Ste• 12TH j AV ° �z AV z �O• �� Z 2Q WESTVIND AVE. V) LP�� pFtl,� �PN� vi �P A a N `Z Y ENS AVE Li U uos rnw ¢ M�NN . U J _ P CL ~ Q� D a U G PQ GL A IERL G P�G�v w LANE NORTNeRN W BLUESTEM= AVE. G 3 NATURAL a ORCHARD MOUND PKWY. BRAEBURN v SAND ST, a DRIVE _ ci bi 3 0 a PPLEBLOSSOM J L) a LANE _ - �-^_'"- X10-1996 08:29 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.02 MEMO TO: Bruce Loony,Public Works Directir FROM: Joe Adams, SPUC Administrative Assistant RE: MONROE ST. STREET LIGHT,BFIVEEN I ITH AND 12TH AVE. DATE: 10/9196 The wed cost to install a street light mid-bla*on Masatae Stred between I 1 th and 12th Avenues is S1,100. This coat mchxks SPUC labor,cquipmmt and material costa. The exsot coot will depend on the location of the installed light in relatirm to the nearest available power source. The estimate is based on installing underground goeondwy wiring from the vvtd=ad disstnibuUva lira locatod along the tzar M linos. The secondary wining will be installed undcr the side lot lino betwoeu two of the lo(s. Since the power poles are riot located on every lot comer,the underground secondary may also have to be installed alma the rear of ono lot. In any case,an osscmcnt will be required for the underground wiring. I have emkoed two p aghs of the available jdrwt light configurations. One is of a 35 foot wood pole with a 100 watt high pressure sodium lamp on the end of a ten foot arm. The other is of an 18 foot fiberglass pole with a 100 watt high pressure sodium lamp in a box lantern fixture. The present area lighting style transitions from the former typo,along I 1 th Avemw to tbo lattcr type,along, 12th Avenue. Thee is a mid-bk)ek street light of the former type installed on Tyiar Street between 12th and 13th Avenues. Th=is not a significant cost diffire=e between the two configurations. Please call me if you have any questions. Z.D. Adams Admiaistrxtivo Assistant cuclosurea copy to: Lou VanHout,Utilities Manager 4 TOTPL P,02 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for County Road 16 Sanitary Sewer and Watermain, Project No. 1994-11 DATE: October 15, 1996 INTRODUCTION: Attached is Resolution No. 4539, declaring the cost to be assessed and ordering the preparation of proposed assessments for County Road 16 Sanitary Sewer and Water, Project No. 1994-11. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No.'s 4026 and 4168 on June 21, 1994 and February 7, 1995,respectively. On June 20, 1995, the City Council approved Resolution No. 4230, awarding the contract to Barbarossa& Sons, Inc. of Osseo, Minnesota for$1,079,143.80. The improvements have been completed and the total construction costs for the project are $1,041,680.71. Costs associated with administration and engineering for the project totaled $148,258.34. The attached resolution shows how these costs are being paid and the total cost to be assessed. ALTERNATIVES: 1. Adopt Resolution No. 4539. 2. Deny Resolution No. 4539. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4539, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for County Road 16 Sanitary Sewer and Watermain, between County Road 17 and County Road 83, Project No. 1994-11 and move its adoption. AVUII Bruce Loney Public Works Director BL/pmp MEM4539 RESOLUTION NO. 4539 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For County Road 16 Sanitary Sewer And Watermain, Between County Road 17 And County Road 83 Project No. 1994-11 WHEREAS, a contract has been let for the improvement of County Road (C.R.) 16, from C.R. 17 to C.R. 83 by installation of sanitary sewer and watermain, and the original contract price for such improvements was $1,079,143.80 and the final contract price for such improvement is $1,041,680.71 and the expenses incurred or to be incurred in the making of such improvements amounts to $148,258.34, so that the total cost of the improvements will be $1,189,939.05. Of this cost the City of Shakopee will pay $259,552.79 as its share of the cost and Shakopee Public Utilities Commission will pay$4,420.80 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $925,965.46. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 19th day of November, 1996, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE // . Memorandum / TO: Mayor& City Council Mark McNeill, City Administrator FROM: Al Koester, Engineering Tech. II SUBJECT: P&V Addition and P&V 2nd Addition, Project No. 1995-5 DATE: October 15, 1996 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the P&V Addition and P&V 2nd Addition,Project No. 1995-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount and the actual final costs for the project. ACTION REQUESTED: Offer Resolution No. 4548, A Resolution Accepting Work on the P&V Addition and P&V 2nd Addition, Project No. 1995-5 and move its adoption. Al Koester Engineering Tech. II AK/pmp MEM4548 CERTIFICATE OF COMPLETION CONTRACT NO. : 1995-5 DATE: October 8 , 1996 PROJECT DESCRIPTION : P&v Addition and P&v 2nd Addition CONTRACTOR: Richard Knutson , Inc . 12585 Rhode Island Ave . S . Savage , MN 55378 s ORIGINAL CONTRACT AMOUNT , , , , , , , , , , , , $ 337 , 020 . 90 QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ 6 ,826 . 08 CHANGE ORDER N0 , 1 THRU N0, 2 AMOUNT , , , $ 5 , 246 . 00 FINAL CONTRACT AMOUNT , , , , , , , , , , , , , $ 349 , 092 . 98 LESS PREVIOUS PAYMENTS , , , , , , , , , , , , $ 348 , 092 . 98 FINAL PAYMENT , , , , , , , , , , , , , , , , , , $ 1 , 000 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Eng eer RESOLUTION NO. 4548 A Resolution Accepting Work On The P&V Addition and P&V 2nd Addition Project No. 1995-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 26, 1995, Richard Knutson, Inc. has satisfactorily completed the P&V Addition and P&V 2nd by street reconstruction, sanitary sewer, storm sewer and watermain, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$1,000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk lll�- CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for C.R. 16, from C.R. 17 to Approximately 1,000 Feet East of C.R. 83, Project No. 1995-3 j DATE: October 15, 1996 INTRODUCTION: Attached is Resolution No. 4550, declaring the cost to be assessed and ordering the preparation of proposed assessments for County Road (C.R.) 16, from C.R. 17 to approximately 1,000 feet east of C.R. 83, Project No. 1995-3. I BACKGROUND: The City adopted Resolution No. 4113 on November 1, 1994, ordering the improvements on County Road 16, and designating the Scott County Highway Engineer as the engineer for the project. The County contracted with Richard Knutson, Inc. for the project. The feasibility report had an estimated assessment to be $61,466.47. The estimated City cost, not included in the assessment amount, was estimated to be $4,333.53. The improvements have been completed and the final costs determined. The total assessable amount has been determined to be $73,847.16. The City's cost for concrete curb & gutter on this project is $5,206.40. This amount will be paid with Capital Improvement Funds. ALTERNATIVES: 1. Move to adopt Resolution No. 4550. 2. Deny Resolution No. 4550. 3. Table for additional information from staff. 1 RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4550, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for County Road 16, from County Road 17 to Approximately 1,000 Feet East of County Road 83, Project No. 1995-3 and move its adoption. 16 WV \� Bruce Loney Public Works Director BL/pmp MEM4550 I RESOLUTION NO. 4550 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For County Road 16, From County Road 17 To Approximately 1,000 Feet East Of County Road 83 Including Curb And Gutter Project No. 1995-3 WHEREAS, a contract has been let for the improvement of County Road (C.R.) 16, from C.R. 17 to approximately 1,000 feet east of C.R. 83 including installation of curb & gutter under Cooperative Construction Agreement No. 9516 with Scott County, and the contract price for such improvements is $66,994.54, and the expenses incurred or to be incurred in the making of such improvements amounts to $12,059.02, so that the total cost of the improvements will be $79,053.56. Of this cost the City of Shakopee will pay $5,206.40 as its share of the cost . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $73,847.16. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 19th day of November, 1996, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the C'ty of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk 11. 6 CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Towing Contract DATE: October 9, 1996 INTRODUCTION: The Police Department Requires the services of a towing company. BACKGROUND: Historically, the City has entered into agreements with private towing companies. The current agreement with Shakopee Towing Company expires on December 31, 1996. The City Finance Director has indicated that there is no legal requirement to seek bids for this service. In the past, when the City advertised for bids, Shakopee Towing was the only bidder. Shakopee Towing is the only company located within the City of Shakopee which meets the requirements of the contract. They have consistently provided the City with an excellent level of service. In 1994, Council indicated a desire to discuss advertising for bids at the expiration of the current contract. ALTERNATIVES: 1. Renew the City towing contract with Shakopee Towing. 2. Advertise for bidders to enter into a towing contract with the Cit . BUDGET IMPACT: 1. None. 2. Minimal - cost of advertising and staff time to process responses RECOMMENDATION: Alternative#1. Authorize the appropriate City Officials to enter into a two agreement with Shakopee Towing Company to tow and store vehicles commencing January 1, 1997. ACTION REQUESTED: Provide staff with direction as to how Council wishes this matter to be handled. AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December, 1994 , by and between the City of Shakopee, and Shakopee Towing, hereinafter referred to as the "Contractor" . WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a contract for the towing, impounding, and storage of motor vehicles; and WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW THEREFORE, the parties heretofore, in consideration of the covenants hereinafter set forth, agree as follows: 1 . The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons authorized by him. 2 . The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized City Officials at all times, twenty-four (24) hours a day, seven (7) days a week, holidays included. 3 . The Contractor shall own or have available to the City of Shakopee, Minnesota, the following equipment: A. A minimum of two (2) tow trucks having a gross vehicle weight of eight thousand (8 , 000) pounds or more, equipped with a crane and winch, and further equipped to control the movement of the towed vehicle; and B. Equipment sufficient to move a completely demolished vehicle on dollies or low-bed traile . 1 The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor's equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of this Agreement. 4 . All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state and building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. 5. The Contractor shall control and operate facilities capable of storing a minimum of two (2) vehicles inside and facilities capable of storing a minimum of ten (10) vehicles outside. It is further agreed that vehicles need be stored inside only when so directed by an authorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7 . The Contractor shall be solely responsible for the loss or damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or its agent by an authorized City Official until 2 such time as the vehicle is released to the registered or actual owner or agent thereof. S. The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Police Chief of the City of Shakopee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9 . All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or its employee must be present at the Contractor's parking facility or on call at least between the hours of 8 : 00 a.m. and 6 : 00 p.m. , Monday through Friday, and on Saturday from 9 : 00 a.m. to noon, and Sunday from 10: 00 a.m. to noon, for the purpose of releasing vehicles to authorized claimants. 10 . It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tire, or on flat tires. 3 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing any vehicular parts or other debris resulting from the accident. 12 . The Contractor shall be entitled to a charge for its towing, storage, and debris removal services pursuant to those fees specified in the following schedule. The fees shall apply only when the car is towed to the Contractor's storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed upon between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. 1. Towing Charges Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. $45. 00. Type II, all tows which involve a vehicle which is not on or immediately adjacent to a public street or alley or which requires an unusual amount of winching to secure it for towing by one tow truck or the use of a dolly to tow the vehicle. $70. 00. Type III, all tows which involve a vehicle that requires, and for which a specific request has been made, two or more tow trucks. $90. 00 Minimum. NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. 2 . Administrative Fee. A minimum $10. 00 administrative fee will be added to all tows. 4 B. Towing of Large Vehicles Towing of vehicles of more than five (5) ton factory rated capacity. $95. 00 minimum. C. Reclaimed Vehicles at Scene If an operator of the Contractor i called to tow a vehicle and after arriving at the sc1he e of the tow, the owner appears to claim said vehicle, vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storaae Charges 1 . First 24 hours or fraction thereof A. Inside storage 515 . 50 B. Outside storage 510 . 50 E. Clean Up Charges 1 . Removing vehicular parts and routine sweeping and clean-up S10 . 00 2 . Removing debris other than vehicular parts, and more extensive clean-up$45 . 00/hr F. Unlocking Vehicles: S35 . 00 G. Vehicle Release. The release of vehicles will be conducted during posted normal working hours. A release requested after normal working hours will be charged an additional service call fee of $25 . 00 . 13 . The City shall not be responsible to the Contractor for the payment of any charge for towing, storage clean-up, and/or unlocking vehicles. 14 . Should the Contractor fail to appear at th designated point of tow within twenty (20) minutes after a call, the City reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to 5 J ' respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to call another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 15. This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth below and that said insurance is in full force and effect with respect to all operations of the Contractor. the Contractor agrees to furnish to the City a copy of its policy or policies which shall be in force on the date of the execution of the Agreement and shall continue for a period equal to the duration of the Agreement. The following coverage is required: A. Public Liability insurance including general liability automobile liability as follows: 1. Bodily Injury Liability in the amount of at least $300, 000 for injury or death of any one person in one occurrence. 2 . Bodily injury liability in the amount of at least $600, 000 for injuries or death arising out of any one occurrence. 3 . Propertv Damage Liability in the amount of at least $50, 000 without aggregate limit for any one occurrence. Such property damage insurance shall include coverage for property in the care, custody, and control of the Insured. 4 . Garage Keepers' Legal Liability policy in the amount of at least $30, 000. 6 Each of these policies shall carry an endor ement which reads: It is understood and agreed that the insurance provided under the undermentioned policy and endorsement attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker's Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker's Compensation Law. C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 16 . The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. 17 . The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 7 18 . It is mutually understood and agreed that no alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 19 . In the event of a breach by Contractor of any terms or condition of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this Agreement forthwith. 20 . This Agreement shall be for a period from January 1, 1995 to December 31, 1996, provided that either party may terminate the same without cause by giving ninety (90) days' written notice to the other. 21 . A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. 8 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day and year first above written. CITY OF SHAKOPEE: Its Mayo L--,A,jj v� � - Its ¢l, rk Its Administratok CONTRACTOR: By Its Approved as to form: J City Attorney/ 9 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Code Enforcement Officer Pay DATE: October 7, 1996 INTRODtJCTION: The Council is asked to retroactively increase the pay of Code Enforcem nt Officer Les TenEyck. BACKGROUND: The attached memorandum from Police Chief Tom Steininger outlines a request to increase rate of pay for Les TenEyck. He has been Code Enforcement Officer since A lay 28th. There is some confusion on this. Mr. TenEyck was hired at a rate of pay that was less then what was approved for the position. In other words, for the past 90 days,he s been paid less then what had been adopted for the Code Enforcement Officer. The Chief recommends retroactively increasing his entry level pay back Lo May 28th. This would amount to $.96 per hour. He also asks that, given Mr. TenEyck's job performance, that he be increased in pay to Step 2, or$9.14 per hour. Normally, part-time pay issues are not brought to the City Council. HoN rever, this is unusual, in that it is seeking to rectify an apparent oversight earlier and Council app oval is requested. BUDGET IMPACT: If the Code Enforcement Officer is retroactively increased to May 28th, ind August 28th as recommended by the Police Chief,the total back pay would amount to 98.84. RECOMMENDATION: In order to rectify this mistake, staff recommends that Les TenEyck be g ranted retroactive increases to Step 1, and Step 2. ACTION REQtJIRF.D: If Council concurs, it should, offer Resolution No. 4549, amending the 1996 Pay Schedule to include the Code Enforcement Officer and,by motion, authorize the rett oactive increases as outlined on the attached memo. Mark McNeill City Administrator CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police 'f SUBJECT: Pay Raise DATE: September 23, 1996 INTRODUCTION: A pay raise is requested for the Code Enforcement Officer. BACKGROUND: • Les TenEyck was hired on May 28, 1996 at a pay rate of$7.61. At that time, then Acting City Administrator, Barry Stock indicated me that the pay range for this position was from $7.61 to $8.57 per hour. • In May, Mr. TenEyck started his employment with the City with the understanding that his performance would be reviewed after 90 days and if he was doing a good job his pay would be raised to $8.00 per hour. Mr. TenEyck's 90 days was up on August 28, 1996. His job performance has been excellent. He should receive a raise. • Research for this memo led to the discovery of a memo indicating that the pay range for this position actually runs from $8.57 to 11.43 as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 $ 8.57 $ 9.14 $ 9.71 $10.28 $10.86 $11.43 • The Finance Director has indicated that it is not necessary to go to Council to give part-time employees a step raise within a pay range. ALTERNATIVES: 1. Raise code enforcement officer's hourly rate to $8.57 retroactive to May 28, 1996. 2. Raise code enforcement officer's hourly rate to $8.57 retroactive to August 28. 1996. 3. Raise code enforcement officer's hourly rate to $8.57 from May 28, 1996 through August 27, 1996 and to $9.14 retroactive to August 28, 1996. 4. Do not raise Code Enforcement Officer's hourly rate. BUDGET IMPACT: Alternative#1 - $419.04. Alternative#2 - $134.40. Alternative #3 - $498.84 ACTION REQUESTED: Alternative#3. RESOLUTION NO. 4549 A RESOLUTION AMENDING RESOLUTION NO. 4352,ADOPTING THE 1996 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 5, 1995, the Shakopee City Council a opted Resolution No. 4352 approving the 1996 pay Schedule for the Officers and Non-Union I mployees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed o make it desirous to amend the 1996 pay Schedule for Officers and Non-Union employees of e City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota,that the Code Enforcement Officer position classification is hereby added to the Pay Schedule for the Officers and Non-Union employees of the City of Shakopee at the following pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 i $ 8.57 $ 9.1.4 $ 9.72 $10.29 $10.86 $11.43 Adopted in Adjourned Regular Session of the City of Shakopee, innesota held this 15th day of October, 1996. ------------------------ ----------------------- Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: 1995 Comprehensive Plan Adoption DATE: October 10, 1996 Introduction: After several months of review, on September 12, 1996, the Metropolitan Council accepted the report of the Community Development Committee, which directs that the City of Shakopee be informed that it can adopt the 1995 Comprehensive Plan adding 1565 acres to its MUSA. A copy of the report is attached for the Council's information. The Council should note that the City will soon be embarking on a transportation study, during which items 3 and 4 identified in the report can and will be addressed. Alternatives: 1. Offer and pass Resolution No. 4551, adopting the City's 1995 Comprehensive Plan 2. Do not pass Resolution No. 4551, adopting the City's 1995 Comprehensive Plan. 3. Table the matter for specific reasons. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and pass Resolution No. 4551, adopting the City's 1995 Comprehensive Plan. o � R. Michael Leek Acting Community Development Director COMPPLAN.DOURML 1 RESOLUTION NO. 4551 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING ITS 1995 COMPREHENSIVE PLAN AND ADDING 1,565 ACRES TO ITS MUSA WHEREAS, the Planning Commission of the City of Shakopee did hold several public hearings, which hearings were duly noticed, and at which all persons appearing were given the opportunity to be heard regarding the 1995 Comprehensive Plan(the Plan); and WHEREAS,the Plan has been reviewed by the Metropolitan Council on September 12, 1996, and found to be consistent with the regional systems plans and not in need of amendment; and WHEREAS, implementation of the Plan is essential to the orderly development of the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1. That the Plan is hereby adopted. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 COMPPLAN.DOC/RIML 2 Metropolitan Council Meeting of September 12, 1996 Business Item: F-3 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 291-6359 TDD 612 291-0904 REPORT OF THE COMMUNITY DEVELOPMENT COMMITTEE DATE: September 4, 1996 TO: Metropolitan Council SUBJECT: Comprehensive Plan Update--City of Shakopee Metropolitan Council Referral File No. 16131-3 Metropolitan Council District 5 SUMMARY OF COMMITTEE DISCUSSION: The Committee approved the staff recommendations as written after considerable discussion occurred centering on four areas: (1) what would happen if Rahr Malting came back into the Metropolitan Disposal System (2) development staging (3) allowing a non contiguous MUSA expansion (4) participation in Livable Communities Act programs (5) residential densities What would happen if Rahr Malting came back on line? There is adequate capacity in the interceptors serving the city to provide for Rahr and the anticipated additional growth based on the proposed MUSA expansion. When the Council approved Rahr's withdrawal from the regional system, one of the conditions was that they would have to reapply for use of the regional capacity, if they needed it at some future time, and pay SAC charges in effect at that time. Also,the Council would grant the connection only if there was adequate capacity in the system. If there is inadequate capacity, Rahr would have to wait until additional capacity could be built. Development staging in Shakopee is based on sewer districts. The city developed a detailed sewer plan for the entire city as well as some areas of adjacent Jackson and Louisville townships, so that it could determine where trunk sewers should go and what associated infrastructure costs to the city would be. The plan divides the city into sewer districts based on drainage with an activity-based cost accounting system that charges a percentage of the cost of the full system,not just the local system costs. This method allows the city to avoid escalating infrastructure costs in the future. The two areas proposed for MUSA expansion are the two sewer districts where the city's cost to provide sewer service are the lowest. The city's staging plan goes out 25-30 years, although the MUSA expansion request is only for 2000. The city's plan is to only build one trunk sewer at a time to minimize its costs. Why is Shakopee proposing that a portion of its MUSA addition,that part in eastern Shakopee, be freestanding and is not this in conflict with Council past practice in extending the MUSA? The Council's past practice has been to approve MUSA expansions which are contiguous with the existing MUSA. The proposed MUSA addition in central Shakopee is contiguous to the existing MUSA and will get trunk sewer service via the joint use agreement of the new Chaska Interceptor. The other area proposed for the year 2000 MUSA addition is a high amenity area of a large development project known as East Dean Lake. This project area can be served directly by the Prior Lake Interceptor without major additional trunk sewer construction. Overall,the new MUSA area includes areas for starter homes,medium and high density housing, as well as this East Dean Lake area of less dense housing which would allow the developer to take more advantage of the lake,preserve more of the extensive wetlands and the stands of mature oak trees that exist in this area, and allow the developer to respond to required setbacks from the lake,wetlands, By-pass and the new County Road 18. Shakopee exceeds by 30 percent the LCA guidelines for modest cost and affordable housing, and it proposes to maintain its present mixture of 60 percent single family and 40 percent multiple family housing. Its life cycle housing balance suggests the need to add higher-end housing, like that proposed in the East Dean Lake area. Shakopee has eliminated minimum lot sizes. Prior to that action,minimum lot sizes in the community were 9,000 square feet in new areas and 6,000 square feet in the central core. Instead of a minimum lot size,the city uses a variable density standard. Single family density is allowed up to 5 units per acre excluding street right-of-way and drainage ways. RECOMMENDATIONS: That the Metropolitan Council adopt the attached staff report with the following recommendations: 1. Inform the city of Shakopee that it can adopt the comprehensive plan update adding 1,565 acres to its MUSA, and that no plan modifications are required. 2. The city's comprehensive plan forecasts for wastewater flow for the year 2000 and 2010 will need to be revisited after Rahr Malting has withdrawn its industrial wastewater flows from the system and after the Council selects its preferred growth option. If the City desires to exceed the flow limitations contained in its agreement with the Council on the use of the Chaska Interceptor,the terms of the agreement will need to be renegotiated. 3. The city's comprehensive plan should show the segment of realigned CR 18/21 as a future principal arterial. Existing TH 101; existing TH 169 (north of the Shakopee Bypass); CR 17; and CR 42 (west of the proposed CSAH 21 realignment)are"A"minor arterials and should be identified as such in the city's plan. If the City intends to classify Vierling Drive and 17th Avenue as minor arterials, it must send the request for functional classification designation to the TAB. 4. When the City updates its transportation plan it should analyze the regional traffic impacts of development planned for the area south of the bypass at CSAH 17 and in the East Dean Lake Area. To function successfully as a growth center,the development proposal for the East Dean Lake Area should conform with the principles incorporated in both the Council's Regional Blueprint and its Transit Redesign Report. Where appropriate,traffic impact studies prepared for specific developments should consider analyzing traffic impacts on regional as well as local roads. Why is Shakopee proposing that a portion of its MUSA addition,that part in eastern Shakopee, be freestanding and is not this in conflict with Council past practice in extending the MUSA? The Council's past practice has been to approve MUSA expansions which are contiguous with the existing MUSA. The proposed MUSA addition in central Shakopee is contiguous to the existing MUSA and will get trunk sewer service via the joint use agreement of the new Chaska Interceptor. The other area proposed for the year 2000 MUSA addition is a high amenity area of a large development project known as East Dean Lake. This project area can be served directly by the Prior Lake Interceptor without major additional trunk sewer construction. Overall,the new MUSA area includes areas for starter homes,medium and high density housing, as well as this East Dean Lake area of less dense housing which would allow the developer to take more advantage of the lake, preserve more of the extensive wetlands and the stands of mature oak trees that exist in this area, and allow the developer to respond to required setbacks from the lake,wetlands, By-pass and the new County Road 18. Shakopee exceeds by 30 percent the LCA guidelines for modest cost and affordable housing, and it proposes to maintain its present mixture of 60 percent single family and 40 percent multiple family housing. Its life cycle housing balance suggests the need to add higher-end housing, like that proposed in the East Dean Lake area. Shakopee has eliminated minimum lot sizes. Prior to that action,minimum lot sizes in the community were 9,000 square feet in new areas and 6,000 square feet in the central core. Instead of a minimum lot size,the city uses a variable density standard. Single family density is allowed up to 5 units per acre excluding street right-of-way and drainage ways. RECOMMENDATIONS: That the Metropolitan Council adopt the attached staff report with the following recommendations: 1. Inform the city of Shakopee that it can adopt the comprehensive plan update adding 1,565 acres to its MUSA, and that no plan modifications are required. 2. The city's comprehensive plan forecasts for wastewater flow for the year 2000 and 2010 will need to be revisited after Rahr Malting has withdrawn its industrial wastewater flows from the system and after the Council selects its preferred growth option. If the City desires to exceed the flow limitations contained in its agreement with the Council on the use of the Chaska Interceptor,the terms of the agreement will need to be renegotiated. 3. The city's comprehensive plan should show the segment of realigned CR 18/21 as a future principal arterial. Existing TH 101; existing TH 169 (north of the Shakopee Bypass); CR 17; and CR 42 (west of the proposed CSAH 21 realignment)are"A"minor arterials and should be identified as such in the city's plan. If the City intends to classify Vierling Drive and 17th Avenue as minor arterials, it must send the request for functional classification designation to the TAB. 4. When the City updates its transportation plan it should analyze the regional traffic impacts of development planned for the area south of the bypass at CSAH 17 and in the East Dean Lake Area. To function successfully as a growth center,the development proposal for the East Dean Lake Area should conform with the principles incorporated in both the Council's Regional Blueprint and its Transit Redesign Report. Where appropriate,traffic impact studies prepared for specific developments should consider analyzing traffic impacts on regional as well as local roads. 5. The City is encouraged to begin discussions with the communities of Savage and Prior Lake to evaluate alternative water supplies, including the viability of a subregional system. Council staff are available to facilitate discussions on alternative water supplies with the participating communities and appropriate regulatory agencies. The City is encouraged to aggressively monitor nitrate levels in its wells and take necessary steps to address this problem if levels above the drinking water standard are detected. Council staff are available to assist the City with surface water management options, such as redesign of NURP ponds and drainage ditches. Submitted by: Bill Schreiber Craig R. Rapp Acting Chair Director Meeting of the Community Development Committee of September 4, 1996 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1634 (612) 291-6359 FAX(612)291-6464 TDD (612)291-0904 DATE: August 28, 1996 TO: Chair and Members of the Community Development Committee FROM: James Uttley, Principal Reviewer, Office of Local Assistance 291-6361 SUBJECT: Comprehensive Plan Update--City of Shakopee Metropolitan Council Referral File No. 16131-3 Metropolitan Council District 5 EXECUTIVE SUMMARY ISSUES: Should the Council allow Shakopee to expand its year 2000 MUSA by 1,565 acres if there is adequate capacity in the regional systems,the city has a complete up-to-date comprehensive plan with a strong staging plan and capital improvements program, and the city makes a strong if not totally compelling case for higher growth forecasts than those in the Council's Regional Blueprint? POLICY IMPLICATIONS: Two of the three growth options (current trends &growth centers) show the existing non MUSA area of Shakopee as "urban expansion"by 2020. The concentrated development option shows the area as post 2020 urban reserve. After the adoption of a growth strategy,the Council will work with the City to assure that it is appropriately reflected in the City's comprehensive plan. FUNDING IMPLICATIONS: None. PREVIOUS ACTIONS: The last major update of Shakopee's comprehensive plan occurred in 1990. There have been a number of plan amendments reviewed by the Council, including a MUSA land exchange that occurred in two steps, and an annexation of land north of the Bypass from Jackson Township. In 1995,the Council acted to approve the withdrawal of Rahr Malting's industrial wastewater from the regional wastewater treatment system. DISCUSSION: The city's plan proposes to add 1,565 acres of land to the MUSA to handle existing and future land demand through the year 2000, including a 5-year overage. There are two areas proposed for MUSA expansion. The largest,tributary to the Chaska Interceptor, is located near CR 17 south of the Shakopee Bypass. The other, tributary to the Prior Lake Interceptor, is located in the East Dean Lake area of eastern Shakopee. Nearly all of the land to be added to the MUSA is proposed to be used for residential development. This includes 756 acres of single-family, 208 acres of medium density and 90 acres of high density residential in the CR 17 area, and 498 acres of lower density single-family detached residential in the East Dean Lake area. The plan proposes to increase commercially guided land by 13 acres in the vicinity of CR 17. The city's plan contains policies related to the staging of future development and infrastructure, based on the city's trunk sanitary sewer districts. The Shakopee plan has household forecasts somewhat above the Council's for 2000 and 2010. They are predicated on a strong and early impact of the new Bloomington Ferry Bridge. If actual growth in the number of household in Shakopee continues at the present rate,the City would exactly hit the Regional Blueprint year 2000 forecast of 6200 households. The Regional Blueprint forecast or something a little higher is probably realistic for 2010. Overall,the city's plan is generally consistent with the Regional Blueprint. Its proposed 2000 MUSA expansion is somewhat larger than that which can be justified solely on past growth experience. However, the true impact of market demand enabled by the new Bloomington Ferry Bridge and the soon to be completed-- Shakopee Bypass, is difficult to predict. Shakopee has a strong history of cooperative planning with the Council, and neither its higher forecasts (if achieved)nor its proposed 2000 MUSA expansion are considered likely to adversely impact regional systems according to regional system staff. Moreover, Rahr Malting, a large industrial wastewater generator located in downtown Shakopee, is expected to construct its only private WWTP in the next two years. When that happens, a proposal approved by the Council in 1995, wastewater flows to the Blue Lake WWTP will decline and unit costs will rise unless offset by additional sewer demand in Shakopee. RECOMMENDATIONS That the Metropolitan Council adopt the attached staff report with the following recommendations: 1. Inform the city of Shakopee that it can adopt the comprehensive plan update adding 1,565 acres to its MUSA, and that no plan modifications are required. 2. The city's comprehensive plan forecasts for wastewater flow for the year 2000 and 2010 will need to be revisited after Rahr Malting has withdrawn its industrial wastewater flows from the system and after the Council selects its preferred growth option. If the City desires to exceed the flow limitations contained in its agreement with the Council on the use of the Chaska Interceptor,the terms of the agreement will need to be renegotiated. 3. The city's comprehensive plan should show the segment of realigned CR 18/21 as a future principal- arterial. Existing TH 101; existing TH 169 (north of the Shakopee Bypass); CR 17; and CR 42 (west of the proposed CSAH 21 realignment) are "A"minor arterials and should be identified as such in the city's plan. If the City intends to classify Vierling Drive and 17th Avenue as minor arterials, it must send the request for functional classification designation to the TAB. 4. When the City updates its transportation plan it should analyze the regional traffic impacts of development planned for the area south of the bypass at CSAH 17 and in the East Dean Lake Area. To function successfully as a growth center, the development proposal for the East Dean Lake Area should conform with the principles incorporated in both the Council's Regional Blueprint and its Transit Redesign Report. Where appropriate,traffic impact studies prepared for specific developments should consider analyzing traffic impacts on regional as well as local roads. 5. The City is encouraged to begin discussions with the communities of Savage and Prior Lake to evaluate alternative water supplies, including the viability of a subregional system. Council staff are available to facilitate discussions on alternative water supplies with the participating communities The city's plan contains policies related to the staging of future development and infrastructure, based on the city's trunk sanitary sewer districts. The Shakopee plan has household forecasts somewhat above the Council's for 2000 and 2010. They are predicated on a strong and early impact of the new Bloomington Ferry Bridge. If actual growth in the number of household in Shakopee continues at the present rate,the City would exactly hit the Regional Blueprint year 2000 forecast of 6200 households. The Regional Blueprint forecast or something a little higher is probably realistic for 2010. Overall,the city's plan is generally consistent with the Regional Blueprint. Its proposed 2000 MUSA expansion is somewhat larger than that which can be justified solely on past growth experience. However, the true impact of market demand enabled by the new Bloomington Ferry Bridge and the soon to be completed—Shakopee Bypass, is difficult to predict. Shakopee has a strong history of cooperative planning with the Council, and neither its higher forecasts(if achieved)nor its proposed 2000 MUSA expansion are considered likely to adversely impact regional systems according to regional system staff. Moreover, Rahr Malting, a large industrial wastewater generator located in downtown Shakopee, is expected to construct its only private WWTP in the next two years. When that happens, a proposal approved by the Council in 1995, wastewater flows to the Blue Lake WWTP will decline and unit costs will rise unless offset by additional sewer demand in Shakopee. RECOMMENDATIONS That the Metropolitan Council adopt the attached staff report with the following recommendations: 1. Inform the city of Shakopee that it can adopt the comprehensive plan update adding 1,565 acres to its MUSA, and that no plan modifications are required. 2. The city's comprehensive plan forecasts for wastewater flow for the year 2000 and 2010 will need to be revisited after Rahr Malting has withdrawn its industrial wastewater flows from the system and after the Council selects its preferred growth option. If the City desires to exceed the flow limitations contained in its agreement with the Council on the use of the Chaska Interceptor,the terms of the agreement will need to be renegotiated. 3. The city's comprehensive plan should show the segment of realigned CR 18/21 as a future principal arterial. Existing TH 101; existing TH 169(north of the Shakopee Bypass); CR 17; and CR 42 (west of the proposed CSAH 21 realignment)are"A"minor arterials and should be identified as such in the city's plan. If the City intends to classify Vierling Drive and 17th Avenue as minor arterials, it must send the request for functional classification designation to the TAB. 4. When the City updates its transportation plan it should analyze the regional traffic impacts of development planned for the area south of the bypass at CSAH 17 and in the East Dean Lake Area. To function successfully as a growth center,the development proposal for the East Dean Lake Area should conform with the principles incorporated in both the Council's Regional Blueprint and its Transit Redesign Report. Where appropriate,traffic impact studies prepared for specific developments should consider analyzing traffic impacts on regional as well as local roads. 5. The City is encouraged to begin discussions with the communities of Savage and Prior Lake to evaluate alternative water supplies, including the viability of a subregional system. Council staff are available to facilitate discussions on alternative water supplies with the participating communities and appropriate regulatory agencies. The City is encouraged to aggressively monitor nitrate levels in its wells and take necessary steps to address this problem if levels above the drinking water standard are detected. Council staff are available to assist the City with surface water management options, such as redesign of NURP ponds and drainage ditches. 2 RESOLUTION NO. 4551 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING ITS 1995 COMPREHENSIVE PLAN AND ADDING 1,565 ACRES TO ITS MUSA WHEREAS,the Planning Commission of the City of Shakopee did hold several public hearings, which hearings were duly noticed, and at which all persons appearing were given the opportunity to be heard regarding the 1995 Comprehensive Plan(the Plan); and WHEREAS,the Plan has been reviewed by the Metropolitan Council on September 12, 1996, and found to be consistent with the regional systems plans and not in need of amendment; and WHEREAS, implementation of the Plan is essential to the orderly development of the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1. That the Plan is hereby adopted. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 COMPPLAN.DOGRMML 2 ff C. b . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Appeal of the Decision of the Board of Adjustment and Appeals regarding PC96-771, A Resolution Denying a Request for Variance to Permit Construction of a Garage Addition on Property located in the Old Shakopee Residential(R-1C)Zone DATE: October 10, 1996 Introduction: Mr. Larry Anderson had submitted a building permit application for a garage addition after the concrete had been poured for the addition and he had discovered that a permit was required. In reviewing the building permit application, it was discovered that a variance from the area would be required, and Mr. Anderson requested a variance from the limitation on the area of accessory structures in the residential zones to permit an 18' x 26' addition to an existing garage with an area of 780 square feet Discussion: The Shakopee Board of Adjustments and Appeals held a public hearing regarding this request at its October 3rd meeting. The Board modified the Findings presented with the Staff Report. The modified findings are contained in the Board's Draft Minutes, a copy of which are attached, but which will not be adopted until the November 5th meeting. Because the Board concluded that not all of the criteria were met, the request for variance was denied. Ordinarily staff would prefer not to bring an appeal to the Council until the minutes have been adopted, but because of the time of year is attempting to accommodate Mr. Anderson's appeal. The original drawing submitted with the first building permit application seemed to indicate that the total area of the existing garage and proposed addition would be 780 square feet, more than would be permitted under the 75%limitation for accessory structures. Subsequent to the Board review, Mr. Anderson provided a revised drawing indicating that the floor area of the principal structure was larger than the first drawing had indicated, potentially increasing the available area for a garage. However, the limitation is stated as the lesser of 1) 75% of the floor area of the principal structure, or 2) 10% of the lot area. In this case the lot area limitation would apply. Mr. Anderson's lot contains 7,455 square feet, 10% of which is 745.5 square feet. Thus Mr. Anderson's current garage, without the addition, is non-confonning. With the addition, it would total 1,248 square feet. APPANDER.DOURML 1 During the week subsequent to the Board review, staff in the person of the author of this report explored options for dealing with the area limitation, including making the garage an attached structure. Based on those conversations, Mr. Anderson submitted a new building permit on October 8th. However, in reviewing the new application on October 9th before that permit was approved, staff discovered that attaching the garage would make it non-conforming with respect to the 30 foot rear yard setback requirement. On October 8th,Mr. Anderson apparently placed an order for building materials believing that the permit would be issued. It is staff's understanding that at this time Mr. Anderson would like to connect the garage to the house. However, it appears to staff that may require consideration of a separate variance. City Code Section 11.89 (Variances) Subd. 6 (Appeal), sets forth the procedure for appealing a decision of the Board of Adjustments and Appeals, and states as follows; "Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a variance may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board." (Underline added) In reviewing an appeal, the City Council's role is to determine if the Board made any errors or omissions in reviewing the request and reaching its findings, as opposed to reviewing the request"de novo". Alternatives: 1. Uphold the decision of the Board of Adjustment and Appeals and affirm its denial of the request for variance. 2. Overturn the decision of the Board of Adjustment and Appeals, stating the specific errors and/or omissions made by the board, and grant the request for variance. 3. Table the decision regarding the appeal to allow the applicant and/or staff to provide additional information. Action Requested: Offer and approve a motion directing staff to prepare a resolution consistent with the findings of the City Council. The Council would move adoption of the resolution at its next Council meeting. R. Michael Leek Acting Community Development Director APPANDER.DOGRML 2 October 7' 1996 Board of Adjustment & Aooeals Citv Council Citv of Shakooee Dear Council Members. I am aopealino mv request for a variance to the City Council for an addition to an exsistino qarage. For reasons which are stated in mv appeal application. I hope vou will take the time to view mv appeal apolication and see that I am not asking for a larqe addition just enough to add one stall to an g garaqe to get my RV and mv daughters car off of city streets. Sincerelv , Larry Anderson 702 Atwood Street Shakooee, Mn 55379 | � 1 � October 7. 1996 Board of Adjustment and Appeals City Council City of Shakopee I live in what is R1C. Old Shakopee Residential . I have a small lot with no alley access. When I applied for a variance I started lookinq at other lots in R1C and have found no other with the circumstances I have. They all have alley access and large lots. One in particular at the corner of 6th & Cass has a double attached garage with some kind of a shoo that is block with a flat roof , taller than the house. Most of the houses have single and double attached garages with a double plus in the back with alley access. As shown to the planning commission in photo 's I have taken of large garages in R1C. I live on a corner and during the winter my daughter has to keep moving her car to avoid being plowed in. But it seems no matter where she moves it either on 7th or Atwood whether its an even or an odd day she gets Plowed in. We tried parking in our vard to avoid this oroblem. but were ticketed and told we can only park on the driveway. We have a two car garage my wife and I Park inside and the RV sits in the driveway. Which leaves my daughter to Park in the street. There have been several accidents on our corner and several have ended up in our vard or along side the curb on 7th Street. Which is why my daughter parks in front of the house. to avoid being hit. It makes it difficult for any--- one traveling east on 7th to see any vehicles going north on � Atwood with her oarked there, they have to pull into the inter- section to look for vehicles" which is dangerous at the rate of speed their going down Atwood. The addition would get my RV inside and my daughters car out of the street. When I went in front of the Board of Adjustment and Appeals I took it for granted that they were correct in the size of my house and that the sketch I made of the oroposed addition to the garage was the one I made. The sketch is the one my wife made when she applied for a fence permit. It is incorrect . I am submitting a correct sketch. The square footage of my house is not 795 as stated it is 1118 s. f . 2 As seen in mv sketch the addition is not goina towards anv or cm. ertv lines it is qoing towards mv house. The addition would not alter the character of the localitv. The addition would be an extension of the existino garaqe and would not alter the apoearance of the existing qarage except to make it wider. Larry Anderson 702 Atwood Street ShakoPee, Mn 55379 ` � � � __ City of Shakopee DRAFT ONLY Board of Adjustments and Appeals October 3, 1996 Page 8 6. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE TO THE CITY CODE TO ADD TO AN EXISTING GARAGE IN THE OLD SHAKOPEE RESIDENTIAL (R-1C) ZONE. THIS VARIANCE IS BEING REQUESTED FOR PROPERTY LOCATED AT 702 ATWOOD STREET SOUTH. Acting Community Development Director Leek stated this is a request for a variance from the area of limitation for a garage. The applicant is requesting larger than the allowed 596 square foot garage (26' x 22'). He circulated photographs from the applicant of other garages in the City. Staff is recommending denial of the request. Mars asked if there is any flexibility in the Old Shakopee zone, the intent of the zone, and how it relates to variances in general. Mr. Leek stated a reasonably sized garage would be permitted on the site. Joos noted there is a revised resolution and a letter from the applicant on the table tonight. Larry Anderson, 702 Atwood asked if the Board received information on the building materials. Mr. Leek replied the information has been provided to the Board. Mars asked why a larger garage is being requested. Mr. Anderson replied he has RV vehicles, a boat and fish house which he would like out of the yard. Mars asked if a 26' x 22' garage would be adequate. Mr. Anderson replied it would not. Link asked if there is an existing garage on the property. Mr. Anderson replied there is; the request is to add one stall to the existing garage. Pete Plummen. 782 Atwood stated he is in favor of the variance request, and it would be an enhancement to the neighborhood. Motion: Commissioners Madigan/Romansky offered a motion to close the public hearing. Vote: Motion carried unanimously. Board remembers reviewed the criteria: Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the property under consideration. Undue hardship means the following: City of Shakopee DRAFT ONLY Board of Adjustments and Appeals October 3, 1996 Page 9 1A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Finding LA.: The Board finds that the property can be put to a reasonable use in that the construction of a reasonably-sized garage could occur if the Ordinance limitations are complied with. Motion: Commissioners Mars/Madigan offered a motion to concur that the property can be put to a reasonable use. 1B. The plight of the landowner is due to circumstances unique to the property. Finding 1.B.: The Board finds that the plight of the landowner is due to circumstances which are common to residential properties, particularly in the Old Shakopee Residential Zone. Those circumstances are the desire for larger accessory structures for storage purposes. Brekke believed the finding is not correct and made the following motion: Motion: Commissioners Brekke/Link moved to amend the finding to read: The Board finds that the plight of the landowner is due to the circumstances which are particularly unique to the Old Shakopee Residential Zone. Those circumstances are the desire for larger accessory structures for storage purposes. Joos did not agree with Brekke's comments. He did agree the statement "particularly in the Old Shakopee Residential Zone" should not be in the finding. He believed it was common to all residential properties. Vote: Motion failed 2-5. Motion: Commissioners Meilleur/Mars moved to amend the finding to read: The Board finds that the plight of the landowner is due to the circumstances which are common to residential properties. Those circumstances are the desire for larger accessory structures for storage purposes. Vote: Motion carried unanimously. City of Shakopee DRAFT ONLY Board of Adjustments and Appeals October 3, 1996 Page 10 1.C. The circumstances were not created by the landowner. Finding 1.C. The Board finds the circumstances which result in the limitation on structure size; i.e., the size of the existing house and the ordinance itself, were not created by the landowner. Motion: Commissioners Brekke/Mars offered a motion to concur with the finding. Vote: Motion carried unanimously. I.D. The variance, if granted, will not alter the essential character of the locality. Finding LID. The Board finds that the variance would alter the essential character of the locality in that the allowance of accessory structures approximating the size of the footprint of the principal dwelling has a substantial impact on the visual character of the locality. Motion: Commissioners Brekke/Madigan offered a motion to concur with the finding. Mars asked if the photographs seen are of non-conforming structures. Mr. Leek stated he has not had the time to research the structures. Board members discussed the photographs. Link believed the impact of the applicant's request is not as significant as it appears to be. He did not agree it would alter the essential character of the locality. Vote: Motion failed 3-4. Motion: Commissioners Meilleur/Link offered a motion to revise the finding to read: The Board finds that the variance, if granted, will not alter the essential character of the locality in that the allowance of accessory structures approximating the size of the footprint of the principal dwelling has a substantial impact on the visual character of the locality. Mars believed approval of this would be approving a non-conforming use. Madigan believed the guidelines should be adhered to, and exceptions should not be made. Vote: Motion carried 4-3. City of Shakopee DRAFT ONLY Board of Adjustments and Appeals October 3, 1996 Page 11 I.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding LE. The problems are not related to economic considerations. Motion: Commissioners Mars/Romansky offered a motion to concur with findings. Vote: Motion carried unanimously. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2: The purposes of the Zoning Chapter are stated in Section 11.01, Subd. 2, as follows: "This Chapter is enacted to promote the public health, safety, and general welfare of the City of Shakopee through the following: A. Encouraging the planned and orderly development of residential, business, industrial, recreational, and public land. B. Providing adequate light, air, and convenience of access to property. C. Limiting congesting in the public right-of-way. D. Preventing overcrowding of land and undue concentration of population and structures. E. Providing for the compatible integration of land uses and the most appropriate use of land. F. Encouraging development in accordance with the City's comprehensive plan. G. Conserving the natural beauty and environmental assets of the City. H. Protecting water resources and water quality. I. Facilitating the provision of water, utilities, and sewage disposal to property as appropriate. J. Protecting the population from fire and other hazards to public safety. K. Providing for the administration of this Chapter and amendments to it, defining the powers and duties imposed by this Chapter and prescribing penalties for violation of its provisions. I This variance request is not in keeping with the spirit and intent of the Zoning Chapter in that it would promote, rather than prevent, the overcrowding of land with structures. The City of Shakopee DRAFT ONLY Board of Adjustments and Appeals October 3, 1996 Page 12 request would not be in keeping with the Ordinance intent expressed by having different standards for the different residential zones within the City. Motion: Commissioners Mars/Madigan offered a motion to concur with Items D and F in Finding 2. Brekke asked if an addition were required for the house, would he qualify for enough of an increase. Mr. Leek agreed he would. Brekke stated they are not in keeping with Statement D in Finding 2. He was not in favor of the motion. Vote: Motion carried 4-3. Criterion 3: The request is not for a use variance. Finding: The Board finds the request is not a request for a use variance. Motion: Commissioners Madigan/Romansky offered a motion to concur with the finding. Vote: Motion carried unanimously. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. Finding: The Board finds no conditions are proposed to be imposed as the criteria are not all met. Motion: Commissioners Madigan/Mars offered a motion to concur with the finding. Vote: Motion carried unanimously. Motion: Commissioners Madigan/Romansky offered a motion to offer Variance Resolution PC 96-771, a resolution denying the requested variance as amended. Amended motion: Commissioners Brekke/Joos offered to move finding 2 and remove Statement D in Finding 2. City of Shakopee DRAFT ONLY Board of Adjustments and Appeals October 3, 1996 Page 13 Board members discussed the finding. Vote: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN OVER-HEIGHT STRUCTURE (159' PERSONAL COMMUNICATIONS SYSTEM MONOPOLE) LOCATED ON THE NORTH PORTION OF LOT 1, BLOCK 1, SCHERER SOUTH, IN THE HEAVY INDUSTRIAL (I-2) ZONE. Planner Klima stated the applicant is requesting a 159' monopole communication tower on the Scherer Brothers Lumber Company site. She circulated pictures of the site with the proposed tower. A fence is proposed around the base of the pole for security purposes. Mars asked if there are any more applications on file. Mr. Leek stated there aren't any other active applications although there have been two other inquiries. He explained why a moratorium on this issue would be appropriate. Joos suggested adding it to the end of the agenda. Terrie Thurmer, SBA described the tower. She noted the site is zoned Heavy Industrial. She reviewed the photographs of how the tower would like from several vantage points. She stated they will be requesting one more tower in the future. Meilleur asked if it is typical to request two towers in a community. Ms. Thurmer explained why two are often requested. In response to a question from Meilleur, Ms. Thurmer discussed the ability to handle more than one carrier on their pole. Madigan asked what the propane tank on the site is for. Ms. Thurmer stated it is not part of this proposal but may be reserved for future use. Brekke suggested continuing the public hearing and ask the applicant to discuss co-locating with another user. Ms. Thurmer stated they definitely want to co-locate. She noted the APT site is not located in the same area. It would be possible to co-locate at this time. Motion: Commissioners Mars/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. CITY OF SHAKOPEE Memorandum TO: Boar d of Adjustments and Appeals FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Request of Larry James Anderson for Variance from Area Limitation on Accessory Structures. DATE: September 27, 1996 ITEM NO.: 6 SITE INFORiNIATION: Applicant: Larry James Anderson Location: 702 Atwood Street S. Current Zoning: Old Shakopee Residential (R-1C) Adjacent Zoning: North: Old Shakopee Residential (R-1C) South: Old Shakopee Residential (R-1C) East: Old Shakopee Residential (R-1C) West: Old Shakopee Residential (R-1C) Comp. Plan: 1995 Comprehensive Plan: Single Family Residential Lot Size: 8, 520 square feet nIUSA: The site is within the MUSH. INTRODUCTION: The applicant is requesting a variance from Shakopee City Code, Section 11.8 1, Subd. 2 (B)(Size)to permit a garage with an area of 780 square feet instead of the maximum 596 square feet permitted under the cited City Code Section. Exhibits are attached as follows: Zoning Map; Proposed Site Plan. BACKGROUND AND DISCUSSION: Under the cited City Code section accessory structures in the residential zones are Whited in size to either 10% of the lot area or 75% of the square footage of the footprint of the principal structure, whichever is less. In the case of the subject site the 75% limitation applies. Under this limitation the applicant would be permitted to construct a garage with about 596 square feet and measuring about 26' x 22'. As the following discussion regarding findings shows, staff has concluded that the variance criteria have not been met by the present request. For that reason Resolution No. PC 96-771 is attached which, if approved by the Board, would deny the requested variance. FINDINGS: Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings on each criterion. The Board of Adjustment and Appeals may use or modify these draft findings as it sees fit: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: I.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.A.. The Board fords that the property,ccnr be put to a reasonable use in that the constriction of a reasonably-sized garage could occur if the Ordinance limitations are complied with. I.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.R The Board finds that the plight of the landowner is dice to circumstances which are common, to residential properties,particularly in the Old Shakopee Residential Zone. Those circumstances are the desire for larger accessory structures to storage purposes I.C. The circumstances were not created by the landowner; The circumstances which result in the limitation on structure size, i.a the site of the existing house and the ordinance itself, were not created by the landowner. I.D. The variance, if granted,will not alter the essential character of the locality; and Finding 1.D. The Board finds that the variance would alter the essential character of the locality, in that the allowance of accessory structures approximating the size of the footprint of the principal dltivelling has a substantial impact on the visual character of the locality.. I.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding I.E. The problems are not related to economic considerations. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2: The purposes of the Zoning Chapter are stated in Section 11.01, Subd 2, as follows: "This Chapter is enacted to promote the public health, safety, and general welfare of the City of Shakopee through the following: A. Encouraging the planned and orderly development of residential, business, industrial, recreational, and public Ianul; B. Providing adequate light, air, and convenience of access to property; C. Limiting congestion in the public right-of-way; D. Preventing overcrowding of land and undue concentration of population and structures; E Providing for the compatible integration of land uses and the most appropriate use of land; F. Encouraging development in accordmice with the City's comprehensive plan; G. Conserving the natural beamty and environmental assets of the City; H. Protecting water resources and water quality; I. Facilitating the provision of water, utilities and sewage disposal to property as appropriate; J. Protecting the population from fire and other hazards to public safety; and K Providing for the administration of this Chapter and amenuknents to it, defining the powers and duties imposed by this Chapter and prescribing penalties for violation of its provisions." This variance request is not in keeping with the spirit and intent of the Zoning Chapter in that it would promote, rather than prevent, the overcrowding of land with structures The request would not be in keeping with the Ordinance intent expressed by having dfferent standards for the different residential zones within the City. Criterion 3: The request is not for a use variance. Finding 3: The request is not a request for a use variance. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4. No conditions are proposed to be imposed as the criteria are not all met. ALTERNATIVES: 1. Approve Variance Resolution No. PC 96-771, denying the request to construct an over-size accessory building.. 2. Modify the draft findings consistent with the Board's findings and conclusions. 3. Do not approve Variance Resolution No. PC96-771 4. Table the decision and request additional information from staff and/or the applicant. STAFF RECOiNBIENDATION: This application does not appear to meet all of the above criteria for granting a variance. Therefore, staff is recommending the approval of Variance Resolution No. PC96-771 denying the requested variance. ACTION REQUESTED Offer Variance Resolution No. PC 96-771, a Resolution denying the requested variance. (NOTE: If the Board of Adjustment and Appeals concurs with the recommendation of Staff, the Board of Adjustment and Appeals should offer a motion TO DENY the variance request, with findings.) VARIANCE RESOLUTION NO. PC 96-771 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A VARIANCE TO PERMIT CONSTRUCTION OF A METAL-SIDED BUILDING ON PROPERTY WITHIN THE HEAVY INDUSTRIAL(12)ZONE WHEREAS, Larry James Anderson has filed an application dated September 9, 1996, for a variance under City Code Chapter 11 (Zoning), Section 11.81, Subd. 2 (B)(Size) to permit a garage with an area of 780 square feet instead of the maximum 596 square feet permitted under the cited City Code Section.; and WHEREAS, this parcel is presently zoned Old Shakopee Residential (R-1B); and WHEREAS, the property upon which the request is being made is legally described as: The North 112 of Lot 6 and North 1,12 of the E. =lS'of Lot 7, Block 97, Old Shakopee Plat, City of Shakopee, Scott County, Minnesota; and WHEREAS, notice was provided and on October '), 1996, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Acting Community Development Director and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, NIINYi ESOTA, AS FOLLOWS: That the application for Variance Resolution No. PC 96-771 is hereby DENIED, and said denial is based on the following finding(s) with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances." Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: I.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finning 1.A.. The Board finds that the property can be put to a reasonable use in that the construction of a reasonably-sized garage could occur if the Orduxwce limitations are complied with. V.ARA,vDE R.DoC/R.%1L 5 I.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The Board fords that the plight of the landowner is due to circumstances which are common to residential properties,particularly in the Old Shakopee Residential Zone. Those circumstances are the desire for larger accessory structures to storage purposes I.C. The circumstances were not created by the landowner; The circumstances which result in the limitation on structure size, L e- the size of the existing house and the ordinance itself, were not created by the landmvner. 1.D. The variance, if granted,will not alter the essential character of the locality; and Finding 1.D. The Board fords that the variance would alter the essential character of the locality, in that the allowance of accessory structures approximating the size of the footprint of the principal dwelling has a substantial impact on the visual character of the locality.. I.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E The problems are not related to economic considerations. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2: The purposes of the Zoning Chapter are stated in Section 11.01, Subd 2, as follows: "This Chapter is enacted to promote the public health, safety, and general welfare of the City of Shakopee through the following: A. Encouraging the plrnvred mid orderly development of residential, business, industrial, recreational, and public Im7d; B. Providing adecpiate• light, air, mid convenience of access to property; G. Limiting congestion in the public right-of-way; D. Preventing overcrowding of land and undue concentration of population and strictures; E Providing for the compatible integration of land uses mid the most appropriate use of land; F. Encouraging development in accordance with the City's comprehensive plan; G. Conserving the natural beauty and environmental assets of the City; H. Protecting water resources and water quality; VARA.vDER.DOGRNIL 6 I Facilitating the provision of water, utilities and sewage disposal to property as appropriate; J. Protecting the population from fire and other hazards to public safety; and K Providing for the administration of this Chapter and amendments to it, defining the powers and duties imposed by this Chapter and prescribing penalties for violation of its provisions.it This variance request is not in keeping with the spirit and intent of the Zoning Chapter in that it would promote, rather than prevent, the overcrowding of land with structures. The request would not be in keeping with the Ordinance intent expressed by having dfferent standards for the different residential zones within the City. Criterion 3: The request is not for a use variance. Finding 3: The request is not a request for a use variance. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4: No conditions are proposed to be imposed as the criteria are not all met. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this rd day of October, 1996. Chair of the Board of Adjustment and Appeals ATTEST: Acting Community Development Director VARA,vDE R.DOC IU%IL 7 AFFIDAVIT STATE OF I<M0TESOTA ) ) SS. OFFICE OF CITY CLERK COUNTY OF SCOTT ) I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that I have compared the attached copy of Resolution No. PC 96-771 with the original record thereof preserved in my office, and have found the same to be a correct and true copy. IN TESTVVIONY WHEREOF, I have hereunto subscribed my hand at City of Shakopee, Minnesota, in the County of Scott on the day of , 19_. Judith S. Cox, City Clerk Prepared by: THE CITY OF SHAKOPEE 129 South Holmes Shakopee, NL,; 55379 VAR.k.N DE R.DOCILML 8 vRonne d QMOMS 4111b"S 411,111,11,11m ILI �t ■� a. s, �. :. .... � � =s rat� i�s asap t,� ti� ;� •of ip w�i W� �� •-s � �7i i� �� � �� !� r7 i ��ta ! ' lEll�l i Did �Q If •�. :� . ..� �!_ •ice f..- ..0 Li_� �!1_.�1: �=;• Ilt y�C � C yt'�to p t'.-�-�C--' -.- IIt Qtly ytQC gill tamtit. ,pit/s . . I;i�iC. iC �1tC �t9t4 Ql11ti C11� . . ,� • tt!t: � _[1. '''�' tiC wit t►i�ittC _ i ; c :►� i►c �i- a�! , .�� a� � � a►,��c apttt t yid "- r"Ga a ''��tt ` 4N� 6t� � L rlt ti pttlC, Ett1C! - •: �., iC �ytat �t t� � � . . '_ . Itt!�` �►E'�t ti1C titC.Ai�t. i�ttlC _-� :fillLsratl � �a: ,�ti1ti �► it!�± 11C y111C t �E! ► t1C iii! � ,; �� -'".arm F�'��� 'ts3i� .- -} • ��tai �►,r elk ttpt,[III sit! _ ! • �-' St�i Q �CC tt�t.�i1�C 6t l+t_�i CIi�iC t �tt� lt �ta. 9�y�,�Illd 1'�-- � tt�tli�r ,E<<l Ct11t CtIC Clti • tl►t gal.. .,i Ct�1Q t�c�c yleilt�t►.1�►ttl .a t�lt4 mAs SS Ccntractor or i._ilder Subscribed and sworn to before me' � . Gv this day of 19 i � In addition to com;;fete plans and speciticacions , a floor pia-: or sketch ir_.dicatinQ front, rear, and side-lot set-bac'kz , as well as the exact location of tha principal or front entrance. in relzci.o3 to the side-lot line must be attached; and if for a roving-in Fe,:mit., a photogzaph of the buiilding rust be submitted fcr Qr;:rc al. P.r AR LOT ?II\: rt"t c v \ &^—o n \ C – I Z` h 1% f I �• � 179 1 ;� --�,="-�`'��T--�-. '...�..�.,.� ' . FRONT LOT e e t . l�. C . c . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Request for Time Extension to Record the Final Plat for Stonebrooke 2nd Addition DATE: October 15, 1996 INTRODUCTION The City has received a request from Laurent Builders, Inc. (Please see Exhibit A) to extend the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The applicant requested and received an extension of an additional 180 days in which to file the plat in December of 1993, December 1994, June 1995, December 1995, and May 1996. BACKGROUND On July 20, 1993, the City Council approved the Final Plat for Stonebrooke 2nd Addition. City Code Section 12.03, Subd. 4.17 states, "If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder/Register of Titles". The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Final Plat itself. The applicant has noted(please see Exhibit A) that approvals needed from the State prior to recording, have been received. However, additional time will be needed to record the final plat. ALTERNATIVES 1. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke 2nd Addition by an additional 180 days. 2. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke 2nd Addition by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Stonebrooke 2nd Addition, and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion granting the developer of Stonebrooke 2nd Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office, and move its approval. i Julie Klima Planner I i:\commdev\cc\1996\cc 10 1 5\exsbk2nd.doc t_RUKLN1 tUILDERS. INC. 4459727 F. 01 i EXHIBIT A --1 UCT 9 1 96 The Laurent Building ALA U R E N T Corporate Office 128 South Fuller Street,Shakopee, MN 55378 g U I t o E R 5,A]N C. _ k612)445-6745 i I c i I i � I October 9, 1996 j I Ms.Julie Bauman City of Shakopee 129 Holmes Street Shakopee,MN 55379 DA PAX � t Dear Ms. Bauman: } I � 1 As you probably know,we have not yet recorded the final plat of Stonsbrooke 2ndddition. We have finally received the approvals we heeded from the state and are getting near!the point whe e we will be recording the plat,bqt not before the November 21, 19%deadline. The fore,we respectfully request a 180 day time eztegsion for doing so. Thank you for your consideration. Please call should you have a need to discuss this. Sincerely, Gary L,Laurent President s GLL;at I t f s I 7 g 1 i 1, BUILDTRS • DEVELOPERS B.L x0001742 CITY OF SHAKOPEE /�• �• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Development Director Appointment DATE: October 4, 1996 INTRODUCTION: At its meeting of October 15th, Council will be asked to affirm the appointment of a candidate for the Community Development Director position. BACKGROUND: Fourteen applications were received for the position of Community Development Director, which became vacant upon the resignation of Paul Bilotta on August 16th. On October 3rd, four candidates were interviewed by staff and outside professionals. It is expected that by the October 15th meeting, background reference checks will be completed and a' recommendation for appointment will be made. ACTION REQUIRED: Depending upon the recommendation at the October 15th meeting, Council will need to affirm the appointment of a Community Development Director for the City of Shakopee. V4'Q-NWVI( Mark McNeill City Administrator MMaw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark.McNeill, City Administrator SUBJECT: Item I I.D.a. - Community Development Director Hire DATE: October 14, 1996 INTRODUCTION: The Council is asked to affirm the appointment of R. Michael Leek as Community Development Director for the City of Shakopee. BACKGROUND: On October 3rd, four candidates underwent an interview process with the City of Shakopee. There were three candidates who were very good, but after all consideration was made, it was evident that Michael Leek is the most qualified to fill the position permanently. His previous experience, education, and grasp of knowledge of Shakopee issues during the short time that he has been with the City all have combined to make him the best person for the job. He has served as Acting Community Development Director since August 21 st. If Michael is affirmed as Community Development Director, it will mean that two positions will need to be filled as soon as possible: Economic Development Coordinator- applications have been held pending appointment of the Community Development Director position. This would become our first priority to get filled. Planner II - with a promotion of Mr. Leek to Department Director, a vacancy will be created in the Planner II slot. We reconunend that the previous information that was used to fill the Planner II position earlier this year(pay range and job description)be approved to start that process. BUDGET IMPACT: Michael was hired as Planner II earlier this summer at a rate of$39,000. When he became Acting Community Development Director,that was increased to $47,735, which is Step 1 of the Community Development Director pay range. I recommend that he be started at Step 2, or$53,067. (Council had authorized a starting salary of up to $57,749, or Step 5 of the 8 step system.) His anniversary would be as of confirmation by Council, and would be effective October 16th. RECOMMENDATION: I recommend the following: 1. R. Michael Leek be appointed as Community Development Director effective October 16, 1996, at a starting salary of Step 2 on the adopted pay plan. 2. That advertisement be authorized for the Planner II position, with a pay range of$35,099 to $43,874,with a starting salary not to exceed$39,487. DOQ ACTION REQUIRED: If Council concurs, it should, by motion, authorize the following: 1. Appointment of Michael Leek to Community Development Director, at Step 2 of the Pay Plan. 2. Authorize advertisement for Planner II. I" l jaw Mark McNeill City Administrator MM:tw City of Shakopee Job Description JOB TITLE : Planner II EXEMPT: Yes JOB CODE: 81 SALARY LEVEL: 6% DIVISION: SHIFT: DEPARTMENT: Comm. Development LOCATION: EMPLOYEE: REPORTS TO: Community Development Director PREPARED BY: Barry A. Stock DATE : 4/4/96 APPROVED BY: DATE : SUMMARY: Performs professional work in Community Development or related area where an understanding of basic concepts, principles, and techniques of planning is required including comprehensive planning, land development and zoning administration. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Reviews plans and proposals of developers to determine conformance with the Comprehensive Plan and existing ordinances including subdivisions, planned unit developments, conditional use permits, building permits and other similar proposals . Compiles and analyzes data on economic, social and physical factors affecting land use and prepares or requisitions graphic and narrative reports on data. Provides recommendations to boards and commissions on issues affecting land use, community facilities, housing, economic development, the environment, transportation, community facilities, parks and public utilities to assist in the guiding and control of community development and renewal . Prepares statistical tabulations, computations, charts and graphs to illustrate plans and studies in areas such as population, housing, neighborhood planning, transportation and land use . Reviews and evaluates environmental impact reports applying to specified private and public planning projects and programs . Conducts field surveys and on-site inspections as necessary. Prepares and reviews proposed amendments in zoning and other related codes to assure they effectively meet the needs of the - 1 - JOB DESCRIPTION Job Title : Planner II City. QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE: Bachelors degree in Planning or related field and 3-5 years municipal experience and/or training; or equivalent combination of education and experience; Masters Degree may be substituted for one year of experience . LANGUAGE SKILLS : Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents, general business periodicals, professional journals, technical procedures, or governmental regulations. Ability to write reports, business correspondence, and procedure manuals . Ability to ef=fectively present information and respond to questions from groups of managers, clients, customers, commissions and the general public . MATHEMATICAL SKILLS : Ability to apply mathematical concepts such as exponents, logarithms, quadratic equations, probability, statistical inference, fractions, percentages, fundamentals of plane and solid geometry, trigonometry and permutations to such tasks as frequency distribution, determination of test reliability and validity, analysis of variance, correlation techniques, sampling theory and factor analysis . REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions . Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables . CERTIFICATES, LICENSES, REGISTRATIONS : Must have a valid MN Drivers License. PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with - 2 - JOB DESCRIPTION Job Title : Planner II disabilities to perform the essential functions . While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee frequently is required to sit . The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 10 pounds . Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to adjust focus . WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee occasionally works near moving mechanical parts and in outside weather conditions . The noise level in the work environment is usually moderate . - 3 - SCOTT COUNTY PERSONNEL DEPARTMENT COURTHOUSE 104 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379 -1382 (612) 496 -8103 DATE: April 11, 1996 E M P L O Y M E N T N 0 T I C E CITY OF SHAKOPEE PLANNER II THE ELIGIBLE REGISTER DEVELOPED FROM THIS POSTING WILL BE USED TO FILL VACANCIES WITHIN THIS CLASSIFICATION THROUGH 04 -30 -97 . DEPARTMENT: COMMUNITY DEVELOPMENT LOCATION: SHAKOPEE CITY HALL, SHAKOPEE, MN UNION: NON-UNION OT STATUS : EXEMPT ESSENTIAL DUTIES : Reviews plans and proposals of developers to determine conformance with the Comprehensive Plan and existing ordinances; compiles and analyzes data on economic, social and physical factors affecting land use and prepares or requisitions graphic and narrative reports on data; provides recommendations to boards and commissions on issues affecting land use; prepares statistical tabulations, computations , charts and graphs to illustrate plans and studies; reviews and evaluates environmental impact reports; conducts field surveys and on-site inspections ; and prepares and reviews proposed amendments in zoning and other related codes . MINIMUM QUALIFICATIONS : Requires a combination of education and experience equivalent to a Bachelor' s Degree in Planning and three (3) years municipal planning experience. Preference given for Master' s Degree in Planning. APPLICANT INFORMATION: Application forms may be obtained from the Scott County Personnel Dept. , Courthouse Room 104 , 428 Holmes Street South, Shakopee, MN 55379 -1382 or by calling (612) 496 -8103 . (Resumes may be included but will not be accepted in lieu of an application form. ) *************************************************************** *************************************************************** CLASSIFICATION: PLANNER II SALARY RANGE: $35 , 099 to $43 , 874 EXAM: RATING OF TRAINING AND EXPERIENCE CLOSING DATE: TUESDAY, APRIL 30, 1996, AT 4 : 30 PM An Equal Opportunity/Safety Aware Employer CITY OF SHAKOPEE has an opening for a PLANNER II Essential Duties : Reviews plans and proposals of developers to determine conformance with the Comprehensive Plan and existing ordinances ; compiles and analyzes data on economic, social and physical factors affecting land use; provides recommendations to boards and commissions on issues affecting land use; conducts field surveys and on-site inspections; and prepares and reviews proposed amendments in zoning and other related codes . Minimum Qualifications : Requires a combination of education and experience equivalent to a Bachelors Degree in Planning and three (3) years municipal planning experience. Preference given for Master' s Degree in Planning. Application forms may be obtained from the Scott County Personnel Dept. , Courthouse Room 104 , 428 Holmes Street South, Shakopee, MN 55379 -1382 or by calling (612) 496 -8103 . (Resumes may be included but will not be accepted in lieu of an application form. ) Salary Range: $35 , 099 to $43 , 874 . Exam: Rating of Training and Experience. Closing Date: Tuesday, April 30 , 1996 , at 4 : 30 PM. JOBS HOTLINE: (612) 496 -8598 TTY/TDD: (612) 496 -8170 Equal Opportunity/Safety Aware Employer CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Continuing Disclosure Contract DATE : October 7, 1996 Introduction The city has to comply with new requirements for financial information on outstanding bonds being distributed to information repositories . Background Beginning with the bonds issued in 1995, the city has to comply with new requirements for providing financial information. In essence, the city has to produce the information contained in an official statement for bonding and send that data to the national information repositories . Initially, staff thought adding a couple of pages to the Comprehensive Annual Financial Report and sending that out would suffice . However, it appears to not be that simple . Springsted has proposed providing that service to the city. The proposed. fee is a one time set up charge of $250 plus an annual fee of $200 per covered bond issue. If there is a year in which the city does not issue bonds, an additional fee of $1, 300 per type of debt would be imposed due to needing to generate the information contained in an official statement that would have been prepared if the city had issued debt . The fees would be charged to the applicable debt service funds . Alternatives 1 . Accept proposal . 2 . Seek other firms to provide the service . 3 . Handle in house. Recommendation This is a new requirement and staff is appears to be lacking expertise in this area, therefore alternative 1 is recommended„ Action Move to accept the proposal of Springsted for continuing disclosure services and authorize the proper city officials to execute the agreement contingent upon City Attorney review. AU Greg Voxland Finance Director is\finance\docs\gregg\spring3 f CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MN DOT- T.H. 41 Bridge DATE: October 4, 1996 INTRODUCTION: The Council is asked to direct that a letter be sent on behalf of the City to the Minnesota Department of Transportation regarding the potential closure of T.H. 41 Bridge south of downtown Chaska, during the summer of 1998. 13ACK(:120UND: Councilor DuBois made staff aware of a letter which had been sent by the City of Chaska to MnDOT,protesting the complete closure of the T.H. 41 Bridge south of downtown Chaska during reconstruction. In order to facilitate replacement of the bridge, MnDOT is proposing to completely close that highway access. They cite costs and impact on adjacent wetlands as the rationale for a complete closure. Because of the impact that T.H. 41 has on Shakopee and northern Scott County, the City Council should consider whether a similar letter should be sent protesting the complete closure, and urge MnDOT to work to find a solution which would keep the bridge open during the construction for replacement. RECOMMENDATION: We recommend that staff be directed to draft a letter for the Mayor's signature, opposing complete closure, and urging that highway traffic be maintained during the bridge replacement process. ACTION REQUIRED: If the Council concurs, it should, by motion., direct that staff draft a letter for the Mayor's signature outlining the City's opposition to construction closure of the T.H. 41 Bridge in Summer 1998. Mark McNeill City Administrator MM:tw OCT— 2-95 WED 11 : 19 P - 01 Post-Or Fax Note 7671 D3'0 10 h 0 ges To From 00JI)ept. CA_ 6 P e I * g_ Ch ka Fax A Fax# /(} v v 'r August 22, 1996 1 Ron Erickson Minnesota Department of Transportation Metro Division Waters Edge Building 1500 West County Road B2 Roseville, MN 55113 Dear Ron: Recentiy, I received the attached letter from MnDOT indicating that the Minnesota Highway 41 1 bridge was scheduled for replacement in the Summer of 1998. While the City of Chaska recognizes it is necessary to replace the deteriorating bridge, we strongly urge you to reconsider the alternative of constructing a bypass in order to maintain traffic. The concept of closing the road during construction, resulting in a complete closure for the full summer construction season would be disastrous to the Chaska business community and result in totally unacceptable traffic i detours. Highway 41 is the sole Minnesota River crossing from the Chaska area, with the onh two alternatives being the Jordan bridge located 8 miles south or the 169 bridge 4 miles to the i north. Highway 41 also functions as Chaska's mainstreet with many of the downtown business retailers relying on the passing traffic for their businesses to remain profitable. In the Fall of '96, a new 82-unit hotel will open in the downtown area, along with additional restaurants. Obviousl, the loss of an access to the South to Highway 169, would have a catastrophic impact on these new businesses. Given these general reasons, the City of Chaska strongly opposes the alternative of full closure. and I implores MnDOT to recognize the economic. social and traffic implications which are associated with this alternative. I look forward to working closely with you to develop an alternative to this unacceptable option. Thank you for your continued cooperation. Sincerer, C) Robert Roepke ef Mayor, City of Chaska RPR:smp c: Evan Green Chuck Siggerud Mike Anderson, Chaska Chamber of Commerce ^Zf_. el6f E - '�iti°_ � ir�rtiocr�rfa r)no f'.itu Hatt P1;=-a 55;1 R-1962 Phone 612,4,-[F,:1 Fax F1:_';=4F:_e,,': CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Nominations to Police Civil Service Commission DATE: October 11, 1996 INTRODUCTION: I have received two applications for the opening on the Police Civil Service Commission. BACKGROUND: On September 17th, City Council accepted the resignation of Mr. Richard Mulcrone from the Police Civil Service Commission (PCSC) and authorized advertising for candidates to fill the vacancy. Ads were placed in the Shakopee Valley News and notice was put on the government access channel on cable television. Interested parties were asked to submit an application by October 14, 1996. In response to the advertisements, one application has been received. Also, an application was received in July and put on file for future openings. Pursuant to past practice, it is appropriate that both candidates be nominated as well as any additional candidates who may submit an application between now and Tuesday. The interview panel will then meet with the candidates and make a recommendation for council consideration and vote at the next council meeting. RECOMMENDED ACTION: 1. Nominate Mr. Donald Hamilton to the Police Civil Service Commission to fill the unexpired term of Richard Mulcrone ending February 28, 1999. 2 . Nominate Mr. Steven Johnson to the Police Civil Service Commission to fill the unexpired term of Richard Mulcrone ending February 28, 1999. t44a j . ��Z J i h S. Cox, C ty Clerk APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 : 30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 : 30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 . Tuesdays in May Name : L> Cr= Y '' ��t�� � �:� � r� Address : Phone : (H) How long have you been a Shakopee Resident? r ' Occupation: Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) 7c �� 51� r.f �C �- 7r�.•�-s t3 r+ N :3 r,) \\5t- tt�� r r c�L) GY1aL y.c��'Z 1]��'i t'�1.JT4��r Mtt=�1 �i��1.C���`� Board or Commission in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Tc .J -4, T— t O c,i-'� Conflict of interest i defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No y If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 2 . 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge_.- i��� Signature I CA CA �^ Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 1 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically nave zrom one to two meetings per montn, as zoliows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 : 30 p.m. Economic Development Authortity 2nd & 4th Wednesdays at 6 : 00 P.M. Cable Communications Commission Quarterly, or as needed Community Access Corporation Board on Monday at 7 :30 p.m. Housing Advisory and Appeals Boa-rd As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commis ion 1st Monday at 4 : 30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May Name: �EV�� / • J64'jo—} Address : o2 / 3 '7✓� � t ��•�f ' N s Phone: (H) 3 37� 7 J � 3 Y(O (B) (!� How long have you been a Shakopee Resident? o� Occupation: COOKc( .0 Ca a Does your work require you to travel? (Check one) A great deal Periodically YVery Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) Board or Commission in which you are interested? PO (�c Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . o�cv-� 0 Sf�u N� j ,S'h�-� �' Sc / S Pd. s a o �C& C(.j tv 8 C�'clu -3 3 . f (96 0 / L/�/ 7 clJ- I herebbcorr Ict he facts within the foregoing application are tru the best of my knowledge . Si In a re Date c� RETURN APPLICATION AND PLEDGE TO: City Cierx City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Do you have any special interest or training which you feel a particular Board or Commission could use? "Employment" 1970-1975 Probation Officer, Carver County MN 1975-1985 Director of Court Services, Scott County MN 1985-1987 Fairview Hospital Program, System Development Manager Behavioral Health Services 1987-Present Hennepin County Department of Community Corrections, Family Court Division Board of Education, Independent School District 720, 1987-1990 Shakopee Parks and Recreation Advisory Board, 1990-Present (Chairman) Minnesota Alcohol Traffic Safety Association, 1981-Present (President) Law Enforcement Officer's Memorial Scholarship Committee of Scott County, 1988-Present, (Chairman) Shakopee Rotary Club, 1975-1985 (Board of Directors) Shakopee Optimist Club, 1995-1996 1 7 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application. In my past experiences of employment and volunteer service, I have served in an elected and appointed capacity, and have been in leadership positions in a number of organizations. I believe strongly that elected or appointed boards or commissions should serve a broad role of providing policy direction, and that department heads and staff should provide day to day guidance and supervision. If appointed to the Police Civil Service Commission, I would continue to adhere to this philosophy, and feel that the commission should follow its statutory guidelines for supervision of the employment, promotion, discharge and suspension of all officers and employees of the Police Department. CITY OF SHAKOPEE Memorandum To: Jeff Henderson, Mayor . City Council Mark McNeill, City Administrator Mark McQuillan, Director of Parks and Recreation From: Ron T. Stellmaker, Facilities Manager/Assistant Director Subject: Arena Concession Stand Agreement Date: September 23, 1996 INTRODUCTION: The Ice Arena portion of the Community Center includes a full service concession stand. In an effort to keep facility operation costs down staff had worked on an Concession Stand Operating Agreement by and between the City of Shakopee and the Shakopee/Prior Lake Hockey Association. BACKGROUND: A Concession Stand Agreement was set forth and approved by Council for the short 1995-96 Hockey season. Staff is looking for approval to renew this agreement with the Shakopee/Prior Lake Hockey Association. To review the 1996-97 agreement, please see attachment (A). The agreement is set forth that the Shakopee/Prior lake Hockey Association provides full and complete services for the sales of food concessions at the Shakopee Community Center Ice Arena during the duration of the hockey season. In turn the City of Shakopee does receive a flat 15% City commission rate on gross receipt sales (less sales tax) during this same time period. The concession stand area is regulated and supervised by the Community Center Manager. The Community Center also sees a decrease in temporary staffing wages that would be needed to staff the concession stand area. Staff estimates that the Community Center costs for merchandise and staffing would have been $4,000.00 for the 1995-96 season. Staff also estimates that these costs would be $6,000.00 for the upcoming 1996-97 season. To summarize from a operating budget scenario, this type of agreement has a positive impact on the profit/loss statement for the Community Center. ALTERNATIVES 1. Authorize staff to execute a Concession Stand Agreement by and between the City of Shakopee and the Shakopee/Prior Lake Hockey Association for the 1996-97 hockey season based on a 15% gross receipt(less sales tax) commission schedule. 2. Do not enter into a concession agreement with the Shakopee/Prior Lake Hockey Association. 3. Table action pending further information from staff. STAFF RECOMMENDATION Staff recommends Alternative #1. ACTION REQUESTED Authorize staff to execute a Concession Stand Agreement by and between the City of Shakopee and the Shakopee/Prior Lake Hockey Association for the 1996-97 hockey season based on a 15% gross receipt (less sales tax) commission schedule. Ron T. Stellmaker Facility Manager/Assistant Director I ATTACHMENTA SHAKOPEE AMATEUR HOCKEY ASSOCIATION CONCESSION AGREEMENT This agreement, made and entered into this day of , 1996, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as "the City") and Shakopee Prior Lake Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota(hereinafter referred to as "SPL"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to Shakopee Civic Center patrons, and; Whereas SPL wishes to provide concession services at the Shakopee Civic Center in order to raise funds for the ongoing support of youth hockey in the community; and Whereas SPL uses concessions earnings to rent ice time at the Shakopee Civic Center, which is a benefit to the City; Now, Therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SPL A. SPL agrees to provide full and complete services for the sales of food concessions at the Shakopee Civic Center Arena concession stand between the hours of 6:00 pm and 10:00 pm Monday through Friday and 8:00 am to 10:00 pm Saturday and Sunday excluding holidays, beginning September 9, 1996 through March 28, 1997. The City may request SPL to provide these services at additional times and SPL shall meet these requests, if given two weeks notice. B. SPL agrees to pay the City an amount equal to Fifteen Percent(15%) of the gross receipts (less sales tax) from concessions at the Shakopee Civic Center Arena and for the use of Arena concession stand facilities and equipment. Payments shall be made monthly, on or before the fifteenth(15th) day of the month. C. SPL agrees to purchase and maintain all food goods, materials and supplies necessary for the Ice Arena concession stand. SPL may sell souvenirs and other hard goods not sold by the Ice Arena,as approved by the City in writing. SPL souvenirs and other hard good sales shall not be subject to the commission specified in I.B., above. D. SPL agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its Ice Arena concession operations. SPL also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with SPL shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including,without limitation,tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. E. SPL agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 1613.06, Subdivision 4, SPL further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. SPL will maintain a separate checking account for concessions operations. F. On or before April 1, 1996 of each year, SPL shall provide the City with a copy of the year-end Ice Arena Concession financial report prepared by SPL for its Board of Directors. G. SPL shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SPL, its agents, officers, employees,volunteers,patrons, or any persons associated with or served by SPL concessions operations. H. In addition to any indemnification required herein, during the term of this Agreement, SPL shall in addition purchase and maintain liability insurance in the following amounts: $200,000 per individuals, $600,000 per occurrence and $50,000 property damage. All policies shall provide and the certificates issued evidence,that the City will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the City 30 days prior to the expiration date of coverage. All insurance must be provided at SPL expense and at no costs to the City. 1. SPL or the City may terminate this agreement upon thirty (30) days written notice to the other party. In the event of such termination by either party, SPL agrees to pay the City the full remittance owed as of the date of termination. J. SPL agrees to comply with Minnesota Statutes 181.59 and other related state ad federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex,marital status, disability and status with regard to public assistance, age or familial status. SPL agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. K. SPL agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SPL agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. L. SPL shall maintain Workers' Compensation Insurance for its employees that qualify and agents in accordance with Minnesota Statutes Section 176.181, Subd 2 (1993), and shall require its subcontractors to provide workers' compensation insurance to its employees and agents under Minnesota Statute 176.181, Subd 2 or SPL shall provide workers' compensation insurance for subcontractors. In either event, SPL shall furnish copies of Certificates of Insurance to the City. II. DUTIES AND RIGHTS OF THE CITY A. The City Agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions for use by SPL. The City further agrees to provide storage for SPL inventories, subject to the limitations of available space at the Ice Arena. B. The City may immediately terminate this agreement in the event that SPL fails to provide concession services in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. C. The City may terminate this agreement upon thirty (30) days written notice to SPL for any reason other than stated in II.B. D. The City will pay SPL the original cost of any spoiled frozen or refrigerated foods where such spoilage is exclusively due to the failure of City owned refrigerator(s) or freezer(s), upon receipt of thorough documentation of the loss by SPL. III. JOINT DUTIES AND RIGHTS A. SPL and the City agree to share equally the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage. SPL shall thoroughly document such losses. B. SPL and the City agree that the types, serving sizes, prices and packaging of concession items sold by SPL shall be mutually agreed upon by the Shakopee Recreation Superintendent and SPL. C. SPL and the City agree that in the event a Tournament is sponsored by the local Basketball or Wrestling Association during the terms of this agreement that SPL will pass on a share of its concession revenue generated during the tournament to the Basketball or Wrestling Association. The amount of share shall be mutually agreed by SPL and the City. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers,thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE PRIOR LAKE HOCKEY ASSOCIATION President CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Improvement Bond Sale DATE: October 10, 1996 Introduction Council action is needed for setting the sale of improvement bonds for 1996 . Background Attached is a resolution prepared by bond counsel which sets the sale of improvement bonds for 1996 . This is a routine event . The bonds to be sold will finance the 1996 Reconstruction, Sarazin & 17th Ave and Valley Green 13th projects. The resolution needs to be adopted at the October 15th Council meeting. This bond sale has been delayed to the last possible date in order to include the Valley Green 13th project in this years bonding and package projects together to reduce costs . One of the objects in the timing is to manage the amount of annual bonding to try to stay under $5, 000, 000 per year for arbitrage purposes . A special meeting at 5 : 00 on November 26th is needed to award the sale of the bonds . Action Offer Resolution No. 4544 A Resolution Authorizing Issuance and Sale of $2, 645, 000 General Obligation Improvement Bonds, Series 1996A, and move its adoption. CERTIFICATION OF MINUTES RELATING TO $2,555,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, October 15, 1996, at 7:00 o'clock P.M. at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages: RESOLUTION NO. 4114 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,555,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A TERMS OF PROPOSAL I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of October, 1996. Judith Cox City Clerk J Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. 4144 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,555,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1995A, in the principal amount of $2,555,000 (the Bonds), including $25,500 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the following public improvement projects: Project No. Estimated Cost 96-1 $800,161 96-2 1,000,426 93-8 1,333,000 $3,133,587 Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds, which is attached hereto and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Section 3. Sale Authorization. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, clause (9), Springsted Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at a meeting to be held on Tuesday, November 26, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,555,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, November 26, 1996, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated December 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1999 $305,000 2003 $325,000 2007 $175,000 2000 $325,000 2004 $175,000 2008 $150,000 2001 $375,000 2005 $175,000 2002 $375,000 2006 $175,000 BOOK ENTRY SYSTEM The Bonds will be Issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, - i - representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February '1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,529,500 and accrued interest on the total p,^;.-icipal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $25,550, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3.30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or - ii h 1/8 of 1°!0. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time_ Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In order to permit the underwriters purchasing the Bonds to comply with paragraph (b)(5) of Rule 15c2-12, in the Resolution authorizing and ordering issuance of the Bonds the City will covenant and agree for the benefit of the holders from time to time of the Bonds, to comply with Rule 15c2-12, paragraph (b)(5). A description of the City's undertaking is set forth in the Official Statement. I OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. a The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 105 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 15, 1996 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk - iv - Revised Recommendations For City of Shakopee, Minnesota $2,555,000 General Obligation Improvement Bonds, Series 1996A Presented to: Mayor Jeffrey Henderson Members, City Council Mr. Mark McNeill, City Administrator Mr. Gregg Voxland, Finance Director Shakopee City Hall 129 South Holmes Street Shakopee, MN 55379 SPRINGSTED Public Finance Advisors Study No. S0750Y3 SPRINGSTED Incorporated Date: October 10, 1996 i RECOMMENDATIONS Re: Recommendations for the Issuance of $2,555,000 General Obligation Improvement Bonds, Series 1996A Proceeds of the bonds will be used for various street, water, sanitary sewer and storm sewer improvements within the City. The projects to be financed and the components of the bonds are found on page 4. I We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, November 26, 1996, at 11:00 A.M. with award that same afternoon at 5:00 P.M. 3. Authority and Purpose for the Bond Issue The bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, to finance three improvement projects within the City. 4. Repayment Term The first interest payment on the bonds is due August 1, 1997. Principal will be due February 1, 1999 through 2008. 5. Source of Payments The bonds will be repaid from special assessments against benefited property and a general ad valorem tax levy averaging approximately $70,600 annually. 6. Prepayment Provisions Bonds maturing February 1, 2006-2008 will be callable on February 1, 2005, and any day thereafter, at a price of par plus accrued interest. 7. Book Entry We recommend the bonds be issued as "book entry only" obligations through the Depository Trust Company ("DTC"). Under the book entry system, investors will not receive printed bonds but will have only a record from the broker/dealer stating they are held by the depository. The use of the book entry system eliminates all costs to the City for printing physical bonds. We recommend you retain a bank as registrar, however, to act as the paying agent to DTC and to send the City notices of the semi- annual payments due. Currently, the cost of such a registrar should be approximately $250 per year. City of Shakopee, Minnesota October 10, 1996 8. Credit Rating Comments The City is currently rated "A" by Moody's Investors Service. This issue will require a rating application to assure continuation of the rating. 9. Bank Qualification The City does not expect to issue over $10,000,000 of tax-exempt obligations in 1996, and therefore this issue will be bank- qualified. Issues which are bank-qualified receive interest rates which are lower than issues which are not bank-qualified. 10. Rebate Requirements All tax-exempt issues are subject to the federal arbitrage requirements. However, since the City will issue less than $5,000,000 in tax-exempt financing in 1996, it may exempt itself from rebating arbitrage earnings to the federal government. 11. Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1 1/2 of the debt service of that year. 12. Economic Life The average life of the bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the street and utility improvements is 20 and 50 years, respectively. The bonds are therefore within the economic life requirements. 13. Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding reimbursement resolutions are in place for the two projects affected. Page 2 City of Shakopee, Minnesota October 10, 1996 14. Continuing Disclosure This issue is subject to the continuing disclosure requirements, as were the City's 1995 bond issues. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted also provides continuing disclosure services. We have previously forwarded to City staff a summary of the SEC's continuing disclosure requirements and a contract for our services if the City so desires. 15. Attachments Composition of Bond Issue Assessment Income Schedule Debt Service Schedule Terms of Proposal DISCUSSION The debt service schedule for this issue is shown on page 6 of these recommendations. Columns 1 through 7 show the years and amounts of principal and estimated interest due on the bonds, including the 5% overlevy. The overlevy is required by State Statute as a protection to the City and the bondholder in the event of delinquencies in the collection of special assessments and taxes for repayment of the bonds. Column 8 shows the projection of assessment income (see discussion below). Column 9 shows the net tax levy requirement for this issue which represents the difference between the projected assessment income and 105% of debt service. Page 5 shows a projection of special assessment income streams for each project. The issue has been structured around the estimate of prepaid assessments expected to be received in the given collection years as provided by City staff. Those prepayment estimates are shown on page 5 also. Assessments for all projects will be spread over a term of ten years with interest charged on the unpaid balance at a rate of 1.5% above the net effective cost of the bond issue. For estimation purposes, 6.5% has been used. Assessments for the Sarazin/17th project is expected to be filed on or about November 30, 1996; assessments for the Reconstruction project is expected to be filed on or about September 30, 1997; and assessments are expected to be filed on or about November 30, 1997 for the Green Valley 13th project. The Sarazin/17th and Valley Green 13th portions of the issue are expected to be financed 100% by special assessments. The Reconstruction project is expected to be financed by a combination of special assessments and an annual general ad valorem tax levy averaging approximately $70,600. First half special assessment revenues and tax levy collections will be used to make the August 1 interest payment. Second half collections of special assessments and tax levies plus surplus first half collections will be used to make the following February 1 principal and interest payments. Respectfully submitted, SPRINGSTED Incorporated kmk Page 3 Composition of Bond Issue City of Shakopee, Minnesota $2,555,000 General Obligation Improvement Bonds, Series 1996A Sarazin/17th Reconstruction Valley Green 13th Total Construction $708,602 $800,341 $1,066,400 $2,575,343 Eng./Legal/Admin 91,559 200,085 266,600 558,244 Total Project Costs $800,161 $1,000,426 $1,333,000 $3,133,587 Less Funds on Hand: Water 9,054 131,250 0 140,304 Sanitary Sewer 0 122,261 0 122,261 Storm Sewer 148,325 0 0 148,325 County 2,107 0 0 2,107 State Aid 215,246 0 0 215,246 Total Funds on Hand $374,732 $253,511 $0 $628,243 Net Required $425,429 $746,915 $1,333,000 $2,505,344 Capitalized Interest 0 0 0 0 Issuance Costs 4,823 8,250 14,427 27,500 Allowance for Discount 4,508 7,650 13,542 25,700 Investment Earnings 0 0 (3,544) (3,544) Total Required $434,760 $762,815 $1,357,425 $2,555,000 Amount Assessed $434,760 $253,331 $1,357,425 %Assessed 100.0% 33.2% 100.0% a� m Prepared by: Springsted Incorporated (10/11/96) CITY OF SHAKOPEE,MINNESOTA G.O.IMPROVEMENT BONDS,SERIES 1996A MODIFIED ASSESSMENT INCOME PROJECTIONS 1 2 3 Name of Project: SARAZIN/17TH Name of Project: RECONSTRUCTION Name of Project: VALLEY GREEN 13TH Filing Date: 11/30!96 Filing Date: 9/30/97 Filing Date: 11/30/97 #of Collect Years 10 #of Collect Years 10 #of Collect Years 10 Prin.Amt.to Collect 434,760 Prin.Amt.to Collect 253,331 Prin.Amt.to Collect 1,357,425 Estimated Estimated Estimated Filing Collect Prepaid Interest @ Prepaid Interest Prepaid Interest @ TOTAL Year Year Assess Principal 6.500% Total Assess Principal 6.500% Total Assess Principal 6.500% Total Principal Interest Total 1996 1997 0% 43,476 30,660 a 74,136 0% 0 0 0 0% 0 0 0 43,476 30,660 74,136 1997 1998 0% 43,476 25,433 68,909 25% 63,333 20,617 b 83,950 0% 135,743 95,726 c 231,469 242,552 141,776 384,328 1998 1999 17% 72,460 22,608 95,068 25% 63,333 12,350 75,683 0% 135,743 79,409 215,152 271,536 114,367 385,903 1999 2000 17% 72,460 17,898 90,358 0% 15,833 8,233 24,066 17% 226,237 70,586 296,823 314,530 96,717 411,247 2000 2001 17% 72,460 13,188 85,648 0% 15,833 7,204 23,037 17% 226,237 55,881 282,118 314,530 76,273 390,803 2001 2002 0% 26,086 8,478 34,564 0% 15,833 6,175 22,008 17% 226,237 41,175 267,412 268,156 55,828 323,984 2002 2003 0% 26,086 6,782 32,868 0% 15,833 5,146 20,979 0% 81,446 26,470 107,916 123,365 38,398 161,763 2003 2004 0% 26,086 5,087 31,173 0% 15,833 4,117 19,950 0% 81,446 21,176 102,622 123,365 30,380 153,745 2004 2005 0% 26,086 3,391 29,477 0% 15,833 3,087 18,920 0% 81,446 15,882 97,328 123,365 22,360 145,725 2005 2006 0% 26,086 1,696 27,782 0% 15,833 2,058 17,891 0% 81,446 10,588 92,034 123,365 14,342 137,707 2006 2007 0% 0 0 0 0% 15,833 1,029 16,862 0% 81,446 5,294 86,740 97,279 6,323 103,602 2007 2008 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2008 2009 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2009 2010 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2010 2011 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2011 2012 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2012 2013 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2013 2014 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2014 2015 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 2015 2016 0% 0 0 0 0% 0 0 0 0% 0 0 0 0 0 0 Totals 434,760 135,221 569,981 253,331 70,016 323,347 1,357,425 422,187 1,779,612 2,045,516 627,424 2,672,940 a)Includes interest from filing b)Includes interest from filing c)Includes interest from filing date to 12/31/1997 date to 12/31/1998 date to 12/31/1998 N U3 tD t� CITY OF SHAKOPEE, MINNESOTA $2,555,000 G.O. IMPROVEMENT, SERIES 1996A Dated: 12/11/96 Mature: 2/1 First Interest: 8/1/97 Total Total Year of Year of Principal 105% Assessment Net Levy Mat. Principal Rates Interest & Interest of Total Income Requirement (1) (2) (3) (4) (5) (6) (7) (8) (9) 1996 1998 0 4.20% 142,123 142,123 149,229 74,136 75,093 1997 1999 305,000 4.40% 121,820 426,820 448,161 384,328 63,833 1998 2000 325,000 4.50% 108,400 433,400 455,070 385,903 69,167 1999 2001 375,000 4.60% 93,775 468,775 492,214 411,247 80,967 2000 2002 375,000 4.70% 76,525 451,525 474,101 390,803 83,298 2001 2003 325,000 4.80% 58,900 383,900 403,095 323,984 79,111 2002 2004 175,000 4.90% 43,300 218,300 229,215 161,763 67,452 2003 2005 175,000 5.00% 34,725 209,725 220,211 153,745 66,466 2004 2006 175,000 5.10% 25,975 200,975 211,024 145,725 65,299 2005 2007 175,000 5.20% 17,050 192,050 201,653 137,707 63,946 2006 2008 150,000 5.30% 7,950 157,950 165,848 103,602 62,246 TOTALS: 2,555,000 730,543 3,285,543 3,449,820 2,672,943 776,877 Bond Years: 14,935.83 Annual Interest: 730,543 Avg. Maturity: 5.85 Plus Discount: 25,550 Avg. Annual Rate: 4.891% Net Interest: 756,093 T.I.C. Rate: 5.077% N.I.C. Rate: 5.062% Interest rates are estimates; changes may cause significant alterations of this schedule. cn The actual underwriter's discount bid may also vary. CD rn i THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,555,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, November 26, 1996, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated December 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1999 $305,000 2003 $325,000 2007 $175,000 2000 $325,000 2004 $175,000 2008 $150,000 2001 $375,000 2005 $175,000 2002 $375,000 2006 $175,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, Page 7 representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,529,500 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $25,550, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or Page 8 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlltmg. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In order to permit the underwriters purchasing the Bonds to comply with paragraph (b)(5) of Rule 15c2-12, in the Resolution authorizing and ordering issuance of the Bonds the City will covenant and agree for the benefit of the holders from time to time of the Bonds, to comply with Rule 15c2-12, paragraph (b)(5). A description of the City's undertaking is set forth in the Official Statement. Page 9 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 105 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 15, 1996 BY ORDER OF THE CITY COUNCIL _ /s/ Judith Cox City Clerk Page 10 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Christmas Eve Day DATE: September 30, 1996 Introduction Council is requested to consider closing City Hall at noon on Christmas Eve day. Background For many years, when Christmas Eve day has fallen on a weekday, City Hall has closed at noon. That day is a very, very slow business day and many other business close early. Almost all employees request time off. This year, Christmas Eve day is on Tuesday and it appears that almost all employees want time off. Employees who are off take leave or unpaid hours. Those who want to work may do so. Alternatives 1. Close City Hall at noon. 2 . Require each department to have minimal staffing and stay open all day. Recommendation Alternative number 1. Action Move to close City Hall for business at noon on December 24, 1996 and those employees that wish to work that afternoon may do so. egg Voxland Finance Director 0. 0a) shouldoar co mmunl yroa)? c3frafeyies are 6einy proposeo��or reyionalyromf6, wafer anon fransporfahon'lor f6e next 2S r,. ears. ,7ell us zvu cal ou lLhtn . Y Open Ylrouses J u61'c eczrlrz gs - 13rze nys, zn1o=a1 d zscusszons • Tuesday, November 19 arzo(em�i ifs 6eyinnzny of 6 pm Metropolitan Council Chambers = j Mears Park Centre • Tuesday, October 22 230 East Fifth Street, St. Paul ' Burnsville City Hall 2-5 pm and continued at 6:30 pm ' 100 Civic Center Parkway • Wednesday, November 20 • Wednesday, October 23 Burnsville City Hall Oakdale City Hall 100 Civic Center Parkway 1584 Hadley Avenue 6 pm • Thursday, October 24 • Wednesday, November 20 New Hope City Hall Oakdale City Hall 4401 Xylon Avenue North 1584 Hadley Avenue 6 pm • Wednesday, November 20 New Hope City Hall �b 4401 Xylon Avenue North I 6 pm • For a summary of draft plans and other information relating to growth management, call the Regional Data Center at 291-8140 after October 16. Written comments can be sent to the Data Center at the address below, faxed to 291-6464 or sent by e-mail to data.center @metc.state.mn.us. Call the Public Comment Line at 291-6536 to record comments or to register to speak at the public hearings. = _ 2. }�Metropolitan Council L Mc=Pads Centro 230 East Fifth Sb=t • SL Paul,Muwesota 55101-1634 (612)291-6359 Fax 291-6550 M291-0904 Moro Info Line 229-3780 max, z