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HomeMy WebLinkAboutJuly 02, 2002 TENTATIVE AGENDA CITY OF SHAKOPEE JULY 2, 2002 REGULAR SESSION SHAKOPEE, MINNESOTA LOCATION: 129 Holmes "Street South Mayor William P. Mars presiding 11 Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval Agenda 41 Mayor's Report: 5] Approval of Consent Business — ( All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal' sequence on the agenda. !Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS e City (Limited t f iv this minutes per person/subject. Longer presentations must be scheduled through meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *71 Approval of Minutes` May 7, 2002 *g] Approval of Bills in the Amount of $422,518.48 plus $105,878.53 for refunds, returns and pass through for a total of $528,397.01 9 Public hearing on the proposed vacation of an easement located North of CR 42 and East and ] West of CSAH 17 (Welch property) —Res. No. 5750 101 Sales of tobacco and alcohol products in violation of state laws A] Establishing Administrative Fine for the Sale of Tobacco Products to Minors — Ord. 633 B] Amending Administrative Fines for the Sale of Alcohol to Minors - Ord. 634 11] Liaison Reports from Council Members 12] Helicopter Monument Display — Veterans Memorial Park 13] Recess for Economic Development Authority Meeting: 14] Re- convene 151 Recommendations from Boards and Commissions: A] Final Plat of Prairie Village 7 th , located N of Valley View Road, E of Sarazin Street Extended and S of Alden Avenue - Res. No. 5751 B] Comprehensive Plan/Land Use Plan Amendment Request from Tollefson Development for property located E of CSAH 18 and S of CSAH 16 — tabled June 4, 2002 TENTATIVE AGENDA July 2, 2002 Page —2- 6 - ] Gener- l-Bu- -si-n . A] Police and Fire B] Parks and Recreation 1. Shakopee School District Request for Waiving Ice Rental Fee Increase C] Community Development 1. Waiver of Minor Subdivision Criteria — Mark Cemensky — tabled 5/21 2. Revised Preliminary Plat and Variance Request for Brittany Village 5 Addition, located S of Hwy 169 and E of Dublin Court —Res. No. 5748 D] Public Works and Engineering _ * 1. 17 Avenue from CR 79 to Colonial Street, Project 2002 -1 — Easement Acquisition 2. CR 79 and CR 17 Pedestrian Bridges Over TH 169 — Cooperative Agreement with Scott County and Mn/DOT and Approval of Plans — Res. No. 5754 *3. Approve Plans and Specs for Improvements to 17 Avenue from Colonial Street to CR 79 — Res. No. 5753 *4. Purchase of a Hydro -Vac for Sanitary Sewers 5. Tahpah Park Paving Contract Modification — memo on table E] Personnel * 1. Successful Completion of Probation — Police Record Specialists 2. Authorization to Hire One Police Officer 3. Authorization to Hire Two Community Service Officers F] General Administration * 1. Alcohol License Applications - Caffe LaBarra *2. Temporary 3.2 Percent Malt Liquor License Application — Shakopee Jaycees *3. Derby Days Street/Parking Lot Closings *4. Tobacco License Application - Silva's El Burrito Mercado, Inc. *5. Amendment to Architectural Agreement - Library Building 6. Soil Correction Contract - Library Site *7. Amendment to By -Laws for LOGIS — Res. No. 5749 *8. Special Assessment Abatement 9. Economic Development Revolving Loan Fund Guidelines — Res. No. 5752 10. Tour of SPUC Water Facilities 11. Affordable Housing Discussion 12. FY 03 Budget Preparation Clarification 17] Council Concerns 18] Other Business 19] Recess for executive session to discuss labor negotiations 20] Re- convene 21] Adjourn to Tuesday, July 16, 2002, at 7:00 p.m. O FFICIAL P ROCEED1 11iGS SHAKOPEE, mu SOTA MAY 7, 2002 gEG�(TLAR SESSION meeting Sweeney to order at 7:00 p.m. with Council Members Lehman, Judith resent: Mark McNeill, City Administrator; Mayor Mars called the Also p Development and Link present. Absent: Cncl. Joos; Attorney; R. Michael Leek, Community c Development S. Cox, City Clerk; Jim Thomson, City Lone Public Works Director; Paul Snook,Facilities an Recreation Director, the City Administrator. Director; Bruce Lo Y � Coordinator, Dan Hughes, Chief of Police, Mark Themlg, St Fire Chief and Tracy Coesen, Assistant to T e rry The pledge of allegiance was recited. unanimously- ved to approve the Agenda as presented. Motion carried Sweeney/Lehman mo ar ling the was added to the Consent Agenda. 15.B.3 Letter on the Table Reg The following item Waiver Of Minor Subdivision Criteria —Mark Cemensky. of Greenfield, item was deleted from the Consent Agenda. 14.D. Final Plat The following View Road and East of Williams Street Located North of Valley Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried 4 -0. e any citizens present in the audience who wished to address any Mayor Mars asked if the re wer There was no response. item not on the agenda. April 2 2002- rove the meeting minutes for March 19, 2002 and Sweeney/Li� moved to approve Agenda) (Mot carried under the Consent Ag ) 180,122.34 for moved to approve the bills in the amount of $490,707.16 plus $ n carr under th Consent Sweeney/Lin PP ou h for a total of $670,829. (Mofi011 for one month following refunds, returns and pass thr g . The list of bills is posted on the bulletin board at City Ha Agenda ) approval]. Recognition of Emergency resented Certificates for Appreciation in Recog Hughes- Detective, Molly Schrot, p Stang an d police Chief, Dan Medical Services Week to Fire Chief, Terry oard (PRAB) meeting. d the Shakopee Parks an d Recreation Advisory B Cncl. Lehm an reported on a ointed Tim Williams to be the liaiso offered to help P RAB B i Cncl. Cncl. Lehman noted that the PRAB re g ardi ng a second sheet from the Counci Le hman a o the Council's and the Hockey duties a nd asked direction Association reg Williams with these liaison Council would have a consensus on the second sheet of ice. The Council noted that the first sheet f ice is subsidize for itself and all the ice time is sold, e and until that sheet of ice pays tough time supp °rtmg a second sheet of ice. Cncl. Lehman also noted that the.P was Official Proceedings of the May 7, 2002 Shakopee City Council Page -2- beginning their CIP process. He asked the City Council if they had a decision on purchasing the property out on Lake O'Dowd because this purchase, if made, would have a dramatic impact on the CIP for the PRAB. There will be a follow -up on the O'Dowd property at the May 21, 2002 City Council meeting. Cncl. Sweeney reported on the Shakopee Public Utilities Commission (SPUC) meeting. He noted that the main issue was the audit that was referred to Mr. Voxland, the City's Finance Director, earlier than previous years. Cncl. Sweeney noted SPUC would start their new billing system in July. It was recommended by the auditor that SPUC run the new billing system with the old billing system for the first few times to make sure that the new billing system was working properly. There was discussion on CR. 83 and CR. 16 regarding the movement of power lines. Lehman/Link moved to recess the City Council meeting at 7:32 p.m. for the purpose of conducting the Economic Development Authority meeting. Mayor Mars re- convened the City Council meeting at 7:44 p.m. Mr. Leek, Community Development Director, reported on the Comprehensive Plan/Land Use Plan Amendment request from Tollefson Development for property located East of CSAH 18 and south of CSAH 16. Mr. Leek noted that this item was tabled at the April 2, 2002 meeting to allow time for water issues to be discussed between Shakopee Public Utilities and City staff. This discussion has taken place with the City of Shakopee and some discussions with the City of Savage have also taken place. The City of Savage has indicated their willingness to disconnect water services to this area from the larger water service areas that they have. The City of Savage has sent a letter to Shakopee Public Utilities (SPUC) indicating this position. Mr. Leek recommended leaving this item on the table until May 21, 2002 so City staff can evaluate the letter from the City of Savage with SPUC and have some further discussions. Lehman/Link moved to leave the Comprehensive Plan/Land Use Plan Amendment request from Tollefson Development for property located East of CSAH 18 and south of CSAH 16 on the table until May 21, 2002 to allow City staff time to evaluate the letter from the City of Savage with SPUC and have some further discussions. Motion carried 4 -0. Mr. Leek reported on the Preliminary Plat of Providence Point 3 Addition, located south of Hwy 169 and east of CR. 79. Mr. Leek oriented the site via an overhead. The site is approximately 15 acres and is a portion of land acquired by MnDOT in conjunction with the construction of HWY 169. The City has been working with MnDOT and the developer, Town and Country Homes on the transfer of this property from MnDOT thru the City to Town a nd Country Homes. h s land is adjacent to another project of Town & Country Homes. The acquisition of this roe by Town & Country Homes would allow better traffic flow thru the existing development of Town & Country. There are two areas of the preliminary plat that are being amended slightly to allow Official Proceedings of he C Council May 7, 2002 Page -3- Shakopee --Y development. The Planning C has reviewed the through access with he existing p roval of the preliminary plat. The Planning preli minary plat and has recommended app on the north side of C did comment on one additional itemAant� rney, some l has been included to Comma that Town address that concern. ter consultation with the City atio from s verbal con Mr. Leek noted t the project area. A hat in his conversation ut1 wr confirm and Counts' Homes has ation to be followed p p ertain they will allow berming to be constructed along much of the easement area on Xcel Energy parce Resolution No. 5711 contains language that would p easement area side of this property. Mr. Leek the north side of this 15 a on the north -acre p - to this berming in he Xcel Energy roved with he conditions. recommended that Resolution No. 5711 be app lan guage the City Mars addressed condition # 8 in Resolution No. 5711 tha g Mr. Leek noted some of the Mayor M to the berming req Attorney recommended p ertaining are such t elevations where Xcel Ener g y hat berming really is not needed Will not allow be where Xcel Energy will allow berming- and Town and County Homes will pursue the berming arding noise form Hg's' 169 on the area where Excel Energy re Mayor Mars had some concerns g would not allow the berm. Of Shakopee, Minnesota Link/Sweeney offered Resolution No 5 Providence e Pointe T Add't on subject to conditions Approving The Preliminary Plat Of Provid contained therein an d moved its adoption. regarding the Mayor Mars asked the applicant to make a comment on the letter from Xcel Energy g berming in the easement. approa the Krista Flemming, 9 Homes on this project, Project Manger for Town and n this process of ac quiring the additional 15 podium and thanked City staff for all their help in his p stated that this afternoon acres from MnDOT for Providence Point e 3rd stated the engineers e berm. dMs for Xcel Fl the she heard from Xcel Energy regarding h berm being in the majority of Energy reviewed the plans and are comfortable with the easement. There were some areas close to the power poles where Xcel Energy did not want berms. Motion carried 4 -0. reliminary plat of Monarch Estates, located land nort zoned R B A and Mr. Leek reported on the p Leek noted that the st of Dublin Square. Mr. Leek oriented the sit of 199 stated that L - it ea rehensive Land Use P lat with single fain y consistent with he Comp developer, Tollefson Development, has come forwa land with a that ps within the MUSA homes. This preliminary plat has about 11/2 boundaries. Official Proceedings of the '1 May 7, 2002 Page -4- Shakopee City Counci royal of the preliminary plat and Resolution No 57121Wh 1 he area SA thereby Mr. Leek re allowing the project to move forward with grading commended app where there is MUSA, C did 'sion regarding MUSA to the other 1 acres. Plannin of this Council makes a deci lat at a public hearing and has re comm review this preliminary p preliminary plat to the City Council with conditions. ineer, noted that for this project the sanitary sewer is . Loney, ide of the prop Public Works Director /Ct En watennain is to the site and the storm drainage on the north a nd east s p system is m place to go to he IhDOT ponds. Mr. Loney stated there is no issue with e infrastructure. ear to be a Mr. Leek n oted that there were no noise issues with Hwy 169. Noise did not app significant issue for this development. Of Shakopee, Minnesota - st ates, an d moved its adoption. ink offered No. 5712, A Resolution Of Motion carried O- The City Sweeney/L d Resolution Plat Of Monarch E Approving The Preliminary 0. 2 acr es i the preliminary Plat of Monarch Link/Sweeney moved to approve MUSA for the 11 /1'ne Estates that currently is not included in the MUS 1 1 acres seemed to make M Mayor ars noted allowing MUSA to be ext litt of MUSA would square up this project sense. The infrastructure w g extended. and not a lot of MUSA was g Motion carried 4 -0. Mr. Leek reported on the final p l a t of Greenfield, located north of Valletyy V iew a ban don e d ad ra ilroa d d east o s Street. Mr. Leek oriented the site via an overhead and note le- family residential plat William ro erty, The final plat of Greenfield isl�ed for the development and line is to the west of this prop tion and cash park dedication. There i emo on the s a m Valley View Road on the south side. There are sidewalks p dicated that the with arkland dedica there is a combination of p e in the par kl an d/cash dedication. The memo i dedication. art of the p table that reflected a slight chang prev approved. Resolution r will give the City unrestricted deeds fo1 , which wa p p develope preliminary p reliminary plat The final plat is consistent with the p provisions of the p by staff and carries forward the p prepared t were approp add. Mr. Leek Cit n S aff and Shakop No. 5713 has been e provisions t h a t appropriate to Shakopee C y approval and an y p Environmental Services, ineering manager of SPUC had discussion between Sco because he utilities and planning and eng cerns raised by SPUC had to do with the handling of storm water. Public Utilities (SPUC) some questions. The con official Proceedings of the '1 M 7, 2002 Page -5- Shakopee City Counci table that id i that there cations had been hel indicated four different comet n recor There was a memo on the ublic utilities consultant is o regarding the stormwater issue. 'fie P a and or the treatment system that is no significant is ficant threat to ground water from i a,1 o f R No. 5713. proposed. Mr. Leek is recommending pp royal water would be going, wellhead protection and water There was discussion as to where a perforated pipe under the park the felt it was a g ood idea to p infiltration significanc e. Mr. Loney a rkland to be developed; Mr. Frescette, area for the stormwater to get out and still allow the p because of the threat of pollution to the Scott County, felt the perforated pipe was unsatisfactory class five injection well. sed the liability issue with an open channel for stormwater drainage. The Council discussed roached the Manag er for Shakopee Public Utilities, app Joe Adams, Plammng and Engineering out, SPUC Mr. Loney for his timely response to SPU a' concerns r ding the pod ium and thanked Mr. Adams stated that he an stormwater of the Greenfield p lat. Loney and t are h be feing el that this was a very good Manager, have gone over the memo from Mr. addressed. Mr- e concerns and the other point is that response. It appears the and east of stormwater drainage ecause it was hidden) out why this drainage was such a concemo d City p along 17`'' Avenue point siting wells in the prop Tonal Ground water SPUC is contemplating of the Scott and Dakota Reg Adams S School. Mr. Adams showed a graphic wells. Mr. flow model outlines delineating source Water protection areas for e osed exist stated that at this point SPUC is comfortable with what is being prop. Sweeney/Lehm o ffered Resolution No. 5713, A Resolution ed its adoption. M ot i on carried 4 -0. Minnesota Approving the Final Plat Of Greenfield, an mov of Kristi Kruger, with regrets, from the Parks and Sweeney/Link moved toaaa eand advertise the new pt the resignation (Motion carried un th Consent opening. Recreation Ad Bo r Agenda). Bement with Midwest Coca - S weeney/L� moved to authorize o30, (motion carved under the Consent Cola for vending h Sep tember services throug Agenda). R Director, reported on the supervision, has been a huge verification Mr. Themlg, Facilities and R not that the s k a t e park for use of the skate park• Mr. Themig inall opened, it was hoped to run the skate of residency When the skate park orig Y success for the commu e the skate park was designed as a tier one Par d not be necessary but park independently. Becaus staff supervision was not required, it was home Pik On-site ecreation Ad Board (emi PRAB), was asking because of concerns by p the neighbors, Council regarding supervision at the skate pa at this time' Mr g and the City Co May 7, 2002 Official Proceedings of the Page -6- ak ee City Council Sh op Person to supervise the skate park on site during the high-use times. The for an additional staff p Center staff part-time and Parks an d Recreation staff full -time to use of the existing Community Now there appeared to be provide that supervision worked well o o be addressedh tMrSThemig noted that the majority of a few more isi behavioral issues that nee ded t o users at the skate park are well - behaved kids. The cost eoeron-site - for this supervis on. The the us ested implementing a small f pay be $13,000. Mr. Themig sugg charged and the $5.00 non - resident PRAB recommended that $1.00 per daymfe bers up w ity with the idea to include this fee in the fee remain in place. One of the PRAB ed by Mr. Themig. Center membership Center Membership. This fee to be included in the Community Community however, as shown by the e -mails receiv was not unanimous by the DRAB recommended that verification of residency is still a problem. r. high-us h e times be hired Mr. Themig noted the an additional staff person to supervise the skate park on site during the and the Council discuss the fees for the skate park. ' t h oug ht the increase in the cost of the membership or p ark d aily CncleLehman offset the cost of the additional staff p Mr. Themig g person to supervise the skate p with the original recommendation of the PRAB and he also liked the idea of the key tags agreed to verify the residency of the facility users. Mars /Sweeney moved to d with direct staff to come back with a new resolution that contains oi� .00 per day fee for a resident and a $5.00 non - resident fee per day or include Center Membership. Motion carried 4 -0. re OAR conditions for a CUP for a Class II Restaurant. Mr. Leek reported on the appeal of the the B B a located at 238 Lewis Street. Recently, Mr. Werth, This appeal was concerning Caffe LaB Caff LaBarra, applied for a CUP amendment to his CUP' lso asked for outdoo r amendment a owner of Call seat seating. hearing concerning this proposed CUP and unan i mo usly LaBarra be allowed to be open from 5:00 a.m. to 1:00 a.m. an d e a The Planning Commission held a public denied the extension of the hours of operation and de his outdoor eating was for the condition that no alcoholic beverages were to be serve 3 Business e d in oses only. Mr. Leek noted that Caffe LaBarra was 1 p m in the that district. dm g p allows business to be open District and City Code only e sold. did not want to expand the area where alcoholic ld be easily beverages ansferred. This Cncl. Sweeney could outdoor dining area is not fenced and alcoholic beverages owner of Caffe LaBarra, approached the podium a stated hi hi and had Michael Werth Werth did not appealing only the denial on the extension su p p ort ort f or exte sion of the hours. Mr. a signed petition along with letters o pp feel the extension of hours for Caffe LaBara would be m to ele wer r eluctant o t come and hear the located across the street. Mr a e�esta ad to leav at 11:00 p.m. entertainment at Caffe LaB official Proceedings of the "1 May 7, 2002 Page -7- Shakopee City Co Sommerville, approached the podium and stated was an assert the e J McDowell, 306 Werth's business He extension of the hours of operation enc Ca ffe b ut a block from u Mr downtown area. Mr. M 's residence establishment. - approached that Paul Schwasdahl, owner of PabloC Mexican Restaurant, app hd the podium and stated is onto s the 100 feet away from the residential area with The Council noted that Pablo's Mexican Re pas more than he was open until 1 :00 a.m. the exception of the ap restaurant- move to direct staff to prepare a resolution that aS o deny the 00 e m. closing Sweeney/Mars Appeal, winch determination of the Board of Adjustment and of Caffe LaBarra- with the a roached the podium and asked if Briggs and Morgan Law Firm, pp Jack Perry, n the CUP Amendment requiring the band to stop at 10:00 or 11:0 conditions could be put o P.M. Cncls. Link and Lehman an d Mayor Mars dissenting. Motion fai led 3 -1 with s to allow Caffe La a soon m f Link/Lehman moved to direct staff come the CUP wo be r ev i sited in one year o pen until 1:00e unde rstanding noise complain ts became an sue. dl amendment ridment to the main motion that the band would have to stop Mayor Mars offered a fri en Y at 12:00 a.m. This was accepted. Caffe LaBarra could possibly remain open until 1:00 a.m. but the outside patio It was noted u close at 11:00 p•n City Attorney, Jim Thomson, noted that a CLIP could not have a condition that it would be reviewed in one year. Motion carried 3 -1 with Cncl. Sweeney dissenting. A recess was taken at 9:20 p.m. Mayor Mars re- convened the meeting at 9:34 p•nl• the Board of Adjustment Mr. Leek reported on Beverly's Koehnen s appeal of the decision by d Mineral Extraction and Land Rehab Rehabilitation and Appeals on the CUP Amendment an it of Shakopee Gravel, Inc. Mr. Leek noted that the review of the CUP and Lan official Proceedings of the Shakopee City Council May 7, 2002 Page -8- lace over several months. Eventually, permit of Shakopee Gr the Board of avel, Inc. took p roving the amendment and Adjustment and Appeal granted Resol h kopee 12 app habilitation Permit of Shakopee Gravel, In s w 11 several c o nditi ons renewal of the Land Re May carried forward from the previous 95/96 resolution as renewal of 19 conditions. Mr. Leek noted to the Council that there was a memorandum o s 7, 2002 and that memo contains the sequence Cljp Amendment uence of events from the time a as brought ed errors and omissions ' nand Land Rehabilitation Permit we ght before the Board o cti and the Mineral Extraction ht Mr. Leek commented on th g eats until tonight. Adjustment and App t well as commented on criteria issues identified in Ms. it was a n s in the appellant s tatement summasy Also included for the Council was a copy March 21, 2002 statement of her testimony from Dahlgren, Aggregate Report records and a letter received today of the Scott County comment for the request for the on the stated ground other items were submitted to App eals action• council ow and man the m and of Adjustment and App Council to overturn the Council for their information. com pleted the soil borings at this time. Mr. Leek noted that Dahlgren, Shardlow, and Uban have it is the lete when the reports were written. �•�ek� tLeek tha there The soil borings were not comp the conditions in their C ee el is meeting two belief of staff that small tanks m Sh Grav ern r ardinns. This concern is regarding ern reg g the conditio Leek stated that there were a number of conditions that were was one area of cone the central processing area. Mr April 4, 2002 and because these conditions Adjustment & Appeals on added by the Board of Adj not be in compliance yet. were added so recently these conditions may odium to discuss this issue with the Road, approached the p Permit* Beverly Koehnen, 2036 Canterbury to enforce this oluzcil as enforced. She was the one who . She stated that in 1995 the City told her that they were going C e this Permit w called the City to Ms. Koehnen does not believe p get this permit reviewed/renewed. s the Board of Koehnen needed to tell the state i that Ms. Council why she think concerns but really two driving Mayor Mars st eats w in error. Ms. Koehnen had many o to be protected and 2) will Adjustment & App as ncerns were: 1) was the water table going Taint the City enforce th concerns. These driving co e Permit* M C. to see that this p ayor Mars noted that the enforcement issu viewed on annual p basis an d it was up to Shakopee Gravel, In basis' s pelled out in the City componen to a mg pest that are sp o peration of this arts to the Ms. Koehnen stated there are comp inin a conditional use permit Code. Mayor Mars pointed out to Ms. Koehnen that iv en out}vand 21 noted the Permit {approved and g mining operation: 11 a mining p act of a use} . Mayor Mars n Board of use and imp p ermit aspect. Ms {dictating certain conditions regarding and updating the conditional use A was iewing Adjustments and App rev •t feces needed to be in place before the CUP could be reviewed. Koehnen felt the mining perms p May 7, 2002 Official Proceedings of the Page -9- C Council Shakopee itY Pieces were: 1) three maps showing the present In Ms. Koehnen's estimation the mining Permit p The conditional use permit oin to be and the end use plan- 2) condition, what the operation is ound information. and 3) the Merila Report backgr Ms. Koehnen sty ted that when the process to review the CUP late in 2 e mining permit an d has found many incorrect 001 began, no o en stated plan was evident and even the operator was not aware of the end plan. She said there are she has gone through th some of these violations she commented on• Ms. er of acres open commented exceed the many Violations; phasing she felt the phasing was in violation because the number requirements use it was not com pletely screened from e a ll o wable number)- Ms. Koehnen commented on the stockpile height and berming the stockpile height was in violation bec ed . Ms. Koehnen for in the operation plan and these berms w b the berms now in place. . Koehnen felt the berms were not the berms (She felt Ms County Road 83 y maintained) ere not being aar The relocation of this central request to relocate the central processing area would never commented on the req processing process plant was in violation because she was toldw that id n a yea). Ms. Koehnen p to the need to be relocated (there is talk of moving Appeal did not add a condition to the addressed the fences. The Board of Adjustment an d App fence condition was already there. Ms. Koehne id not think that staff fencing condition; the claimed. Condition p ertains to applying added anything new to condition no. 1 as e d no he conditional use permit. for the review /renewal of the mining p in in of new material. laming. She said their Ms. Koehnen addressed the water depth, e hours have operation enup on comp g g Ms. Koehnen stated that the citizens in the is done tonight that has complaints are not heard. Ms. Koehnen stay en es either Cncls Link f the hours of operation ated originally it was Sated fair to the residents some meaning to it or she would use other for this type business. Ms. Koehnen st extremely e operators of the gravel mine could work within these hours of in the ion satisfactorily. Report that th p nand now new material is She felt these hours of operation have repeatedly iedly been violated. Ms. operation Koehnen was of the opinion that no new material was to at brought or Mars noted that the plan ion. May brought in. She thought this was a substantial 1 c a uld be brought in. Ms. Koehnen stated for the gravel mine has being g ht m be this material was brought the plan was a an1ended. g iven a en stated that the Board of Adjustment and Appeals (BOAR) had not been g Ms. Koehn op er ation as she requested an d the BOAR did not know the geology copy of the Fischer Plan of Op unanswered of the area. Ms. Koehnen thought the BOAR did to make a decision. S otma e wi many unanswered er and hydrology the BOAR he felt the decision would qu estions. She wanted reassurance that staff would look at this permit annually. quests s and water Mr. Leek addressed what he felt Ms. Koehnen was looking for i.e. soil boring there were items in be done by the City on a regular basis. Mr. Leek c2002 thatwer monitoring to e not part of the the new resolution that were app roved by the B0AA on April , May 7, 2002 Official Proceedings of the Page -10- C Council Shakopee 1tY f the conditional use permit. Some of these itumosnwhat was the previous renew o approved Fischer Mining Report but these were CUP ° ha need to be reviewed, is working an electronic originally- City staff, to help iden fy tickler on, including this CUP Cncl. Sweeney noted that his tenure on the Council let him he all is u�o�athe intent th e the original time of this CUP. Cncl. Sweenlace�tCnclaSweeney was concerned aboo� a the a this Council that these reviews would tke p changes. The mining in Shakopee unless the zoning product; he was concerned about the commercial intent now. Cncl. weeney p mining permit elapses there will be no Cncl. Sweeney wanted the operators to p rovide the current zoning will not allow mining- funding for the monitoring of the water. R. classification stood for. Mr. Leek addressed this question as what the M. Ms. Koehnen asked Leek was having conversations with the officials of far as the end use plan was concerned. a basis for the that was being brought to this mining ma ke sure the end land use elevations were compatibl ere was the infrastructure the gravel mine tom area. According to Mr. Leek, the commercial area in the end land use plan e the Ther govnow. significan consideration of le- family residential may not b changes to the area and all sing approached the podium and noted that Joel John Shardlow, Dahlgren, Shardlow an d Uban, pp of Briggs and Morgan Law Firm, el Sphere, General Manager of Shakopee Gravel, and Jack Perry, Mr. Shardlow stated Sph � Gravel were also in attendance at the meeting. Legal Counsel for Shakopee Council for a n amendment was City that the only reason Shakopee Gravel was before the C prop Mr. Shardlow because of the changes in the transportation plan adjacent to this ro erry• addressed the land use and setbacks. that had been done that Rudy Hoberg, hydrologist, test done by Mr. Shardlow noted that a soil boring o of this report will be submitted to the fact at the ground water elevation is 33 feet below the base of the pond which is confirmed 764 feet) on the site. A c py the lowest point of excavation ( Gravel stated that Shakopee Gravel wo d for with the the City. The w ater elevation is confirmed to be 729.5 feet an levation mark Shakopee t was uld not get close to the water ' staff and discuss what contaminants should be screene would like to sit down with water monitoring condition. of the issues that had been raised with a brief o r pons S hat pee Mr. Shardlow identified some that because there were no complaints brought forward to staff there was n process of review and to provide the informatas t hat reed to pay for the on Gravel has agreed to the p involved Shakopee Gravel h g Shardlow stated that the an annual basis and if there is monitoring equipment. These tanks are not monitoring. Mr. Shardlow addressed the issu genera q ta el from these tanks goes from the tank directly into the frees t an ding. The fu generators. double walled fuel tanks are attached to the g official Proceedings of the '1 May 7, 2002 Page -11- Shakopee City Counci Ian that was approved thru the conditional use permit Mr. Shardlow stated that the operations p plan that were amended dealt with the The only aspects of that P subsequently amended as a result of conditio ns of process is the op erations plan. City end use plan and those plan , s that were subsequ ently ow was of the belief that it was th con dition appr that Shakop ee Gravel agreed to ee Gravel has subsequently cor agree responsibility to initiate annual reviews; S di to Cncl. Lehman it was stated in the original that they would initiate these r eviews Gravel would se k City r annually. operations operations plan that Shakopee coached the podium and stated there was Jack Perry, Briggs and Morgan Law Firm, pp no as to w eview in the who was to come forward and initiate to initiate this the reviews. There wa confusion previously licant takes the responsibility intention to avoid this review. The app en acres and the reclamation of rn about this not future Mr p also addressed the op t to do something but should have taken place. Shakopee Gravel will attempt reclamation were er of Shakopee Gravel noted that the hours d falleth hours of 0 Joel Sphere, General Manag during the spring, s ummer an a.m. to 5:00 p• m. Monday through Friday operation during the whiter were 8:00 a.m. to 4:00 p.m about the big picture. He wanted people to know that this . perry stated he was conc erned run as a clean operation. The owners want to o peration an d was being given to all operation was ci con en Mr. Pe stated that was the direction he had been satisfy legit concerned with running this operation. the odium and stated that she would like the fln CR of p Beverly Koehnen approached aiding the water levels. She also discussed the driveways out of the pit Mr. RU dy Hoberg regarding the south because of the trucks coming She did not feel traffic flowed s o h J to �the aking. She wanted to know if there was a permit and she stated there was not nfrators. for those fuel tanks on the g holding the determination of re are a rolution up been s and incorporating the conditions that have already Sweeney /Lehman mowed to dirAect s t a ff to p es p the Board of Adjustment And pP s uggested this evening. approved in addition to the other conditions that were Bugg Bass in this town and is to have abetter op eration of Mayor Mars stated that this site has been an isle Of al of the City is many Perat when has caused great concern to this community• lace regarding the there are no complaints rator. It is hard to work u into into porcemen i ssues the gravel pit each time there is a new o p e rator, filed. There will be some new standards p water table with Permanent on site monitoring. Motion carried 4 -0. May 7, 2002 Official Proceedings of the Page -12- C Council Shakopee rty Sweeney/Link m oved to table the requested waiver of minor subdivision Shakopee subject to opertY he owned by Mark Cemensky and located at 100 an h ome. (Motion carried under the conditions noted by staff so Mr. Cemensky n twi Consent Agenda). Jerome Harvieux's request for a minor subdivision. for better use the landn lots Mr. Leek reported on J l with the into request was to re- configure two existing lots would be that would not comply q If this request were to be gr anted two new lot These current lots are minimum lot area requirements established b B- l the lot size requirement being one e aacre-. adjacent to the downtown area an lying in the lot requirement- Mars stated that these lots are non -comp e more y g arcels would that if this minor subdivision were allowed these p In the current form Mr. g setbacks for the B -1 zone Mr. Leek though an d setbacks along with the p arkin desirable for development and the Y would still be possible. Link/Sw moved to approve the waiver of the Minor Subd ivision eeney of the Jerome Harvieux Harvieux an d approve the lots created through this minor located north of 2 ° Avenue between Atwood Street and Sc e ZorimetOrdinan�e Motion com with the minimum lot area requirements established in th g p carried 4 -0. oved to authorize the distribution of the EAW for Riverplace of Shakopee. Sweeney/Link rn (Motion carried under the Consent Agenda) the final plat of extension of the approval of Sweeney/Link moved to approve a o ne-year Christmas Creek. (Motion carried under the Consent Agenda) d to approve the additional compensation for heo ddi enginee d under work in the mount of $7,597. Sweeney/Link move pp 0 for the CSAH 83/16 Project No. the Consent Agenda). Public Utilities Director /City Engineer, reported on the agr eements and limited use Mr. Loney, for CR. 17 and CR. 79. Mr. Loney noted that the City of permits for the pedestrian bridges dm ant from the State o f for M th the T-21 funding money through the Shakopee has received funding g this year pedestrian bridges and also the State of Minne for the has city to do this project these p stated m order co- operative agreement. Mr. Loney OT for federal participation. An adRv Roads 17 nce agre ements would need to be entered in e e�M� r pedestrian bridges over County a o h g construct agreement as well as limited permits These pedestrian g and County Road 79 would be needed from MnD Loney destrian bridges wer hoped to have r for the previous Council. At the next Council at m emen from Scott County for p Council approva another $80,000 of additional MnDOT's plan approval so he could bang a p approval for City funding and a formal p Pp Official Proceedings of the Shakopee City Council A contract would not be aw arded until after July 0 May 7, 2002 Page -13- 1, 2002 and the federal funding Would be coming after October 1, 2 MnDOT Agreement No. Resolution S.P. 166 - 010 -07 and 7005- No. 5709, A Resolution Approving Link/ Sweeney offered n Construction for S.P. 166- 020 -10, 93049 for Federal Participation I 79, an d moved its adoption. s over HWY 169 at the and the lighting of the vehicle bridge ted that these pedestrian Cncl. Link addressed the fencing County Road 79. Mr. Loney intersections of County with fencing. bridges are separate b rid g es Motion carried 4 -0. Mn DOT Agreement No. offered Resolution No. 5710, A Resolution Approving Lehm an/Link Advanced Construction for S.P. 166 - 020 -10, S.P. 166 - 010 -07 $3051 For Federal Participation In and 7005 -79 and moved its adoption. Motion carried 4 -0. ee Limited Use lution No. 5716, A Resolution of the City Shako. offered Reso Sweeney/Link Of Transportation For A Pedestrian Motion The Permit With The State of Minnesota D 169 At Counts' Road 79, an d moved its adop Right -Of -Way Of Trunk Highway carried 4 -0. R No. 5717, City Of Shakopee Limited Use Permit With The ortation For A Pedestrian Trail In The R W ight- Of -aY Lehman/Li� offered State Of Minnesota Department Of Transp an d moved its adoption. Motion carried Of Trunk Highway 169 At CSAI317 (Marschall Road), 4 -0. over Hwy 169 Mr. Loney reporte easement acquisition for pedestrian bridges d on the proposed Mr. Loney noted that there was a revised amount o the table- All property and CR. 17 and CR. 79 eman reflected in the revised owned by John and Kathleen Boeg owners have agreed to the offers now. a ppropriate City officials to acqui e the easements needed r Link/Lehman ses CR. 17 and ehman moved to authorize the approP amoun of $2,200; John &Kathleen for the pedestrian bridges to be constructed over Hwy 169 where Hwy 169 cro Peters, owner of parcel no. 1 in the CR. 79 from: Jeffery 2 in the amount of $1,500 and Philip Hespenheide, owner of Boegeman, owner of parcel no. of $g00' Motion carried 4 -0. P arcel no. 3 in the amount /CSAH 16 project.. n repo along CR. 16 a nd because of d on the overhead power line relocation on the CSAH Joe Mr. Loney p ower lines al g CR 83, and Mr. Loney stated there are overhead p s those lines will need to be relocated. this project (widening and relocation of the roadway) g toni ht with some cost differential Adams, of Shakopee Utilities, was present at the meeting May 7, 2002 Official Proceedings of the Page -14- Shakopee City Council under rounded versus being relocated overhead. The power figures for the power lines being g Q CR 83 carries the power for the trunk Hwy 169 line from the existing CR.16 to north alon signal• to provide and pay for this power. There were other overhead power lines The City is required ro ect area. that were discussed that were within this p j Manager of Shakopee Public Utilities, approached the podium and Joe Adams, Engineering CR.16 and CR. 83. Mr. Adams stated that if the noted the age of line Were n°dergroundedohrough this project the lines would still be above overhead power ground where this project ends. Shakopee Public Utilities, noted that where the changes are being to the Cncl. Sweeney, liaison for the changes done to benefit the developer /developme the n h Sw e eeney also note that along CR. 16 the e through assessments not the general public er has asked that the road be vacated and the lines put underground so that section can devel o p vacated. moved that the existing power lines involved in the CSAH 83 /CSAH 16 project Link/Sweeney to a that cost otherwise the power lines are to be undergrounded if the developer is willing p ro j project. remain overhead along the CSAH 83 /CSAH 16 p h reconstruct' at the meetin g to agree on paying on is concerned if existing power lines Mayor Mars really wanted it figured out when g for should be undergrounded. The developer was not present the undergrounding. s a hardship for Shakopee Public Utilities to underground these Cncl. Lehman did not feel it wa lines. This would replace some older lines. Lone noted all the utility companies needed to be treated equally and there are many Mr. Y companies on CR. 83 with overhead lines. Th sion that needed to different utility to be made by the ic lines overhead that are in a reconstruction area is lines as a of the utilities company and of being Council. Normally, the relocation power in the public right -of -way. position to be. Mr. Albinson wanted relocate Mr. Adams explained what he some lines to rem overhead. Mr. Albinson would pay some lines underground and h t he wanted vacated. the utilities on the piece of property a Motion fail 2 -2 with Mayor Mars and Cncl. Lehman dissenting. May 7, 2002 Official Proceedings of the Page -15- Shakopee City Council Lone that in the memo of understanding signed by Mr. Albinson that the It was noted by Mr . y the utilities. developer was to pay the cost of relocating d to uire Shakopee Public Utilities to underground th lines in the Mars /Sweeney move re q CSAH 83 /CSAH 16 project. Motion carried 3 -1 with Cncl. Link dissenting• ility moved to incorporate in future feasibility studies the Utilities-0. Sweeney/Mars ee Public placement by City Staff in concert with the Sh akopee etition for improvements to 17 "' Mr. Loney reported on the memo on the table regarding p to be Avenue from CR. 79 to Colonial Street. There are no ov erhead lines Country s HomeSaand Tol efson e assessed 100% for improvements to 17 "' Avenue improved. There were petitions from the b o developers, Town public hearing Development. The property owner improvement. No pu e improvements from CR. 79 to Colonial Street because, stitioned for the imp dents; therefore, the design for these imp is necessary because of the petition by ediately. Mr. Loney noted that these improvement s were f the capital the can be done imm am . The City would be paying for the o g improvement progr bituminous trail. A Resolution Declaring Adequacy Of Petition And Sweeney/Link offered Resolution No. 5719, S for 17``' Avenue, Ordering An Improvement And the Preparation of Plans and Sp Road 79 to Colonial Street Project No. 2002 -1, an d moved its adoption. Motion From County carried 4 -0. d Resolution No. 5706, A Resolution Receiving A Report And Calling A S offered Drive, From Sag e Lane To County State Aid Highway Hearing On An Improvement To Vierling -5 and moved its adoption. (Motion carried under the Consent Agenda). 17, Project No. 2002-5, By The Mayor And City Council Of Sweeney/Link offered Resolution No. 5707, A Resolution epee Bight -Of -Way Plat No. 1, and The City Of Shakopee Minnesota Approving City of Shak moved its adoption. (Motion carried under the Consent Agenda) L. Fonder and Helen H. Sweeney/Link moved to authorize payment for an easement from Arth ur Fonder Revocable Trust Agreement in the amount of $$60.00. (Motion carried under the Consent Agenda). ro riate City Staff to make application to the U.S. Sweeney/Link moved to authorize the app p Program HP) 2002 grant. ent of Justice, COPS Office for a COPS Universal Hiring Prog � D (Motion carried under the Consent Ag enda). May 7, 2002 official Proceedings of the Page -16- C' Council Shakopee City powers appropriate Repository City officials to enter into the joint p Sweeney/Link moved to authorize the app ro P of Arrest Photos. (Motion agreement with the State of Minnesota for the Minnesota a carried under the Consent Ag enda). Qe Sweeney ar from Fire purchase of 9 sets of firefighting turnout b /Li to approve the p o Specialties for the amount of $11,655.00. tion carried under the Consent Equipment Agenda). A Resolution Autho Agreement With The ed Resolution #5699, Transfer O mmunity Access Sweeney/Link offer Agenda). ee Community Acces (Motion carried under y s Corporation And Accepting Shakop d moved its adoption. the Consent Ag ) Programming Assets, an Redemption of ffered Resolution No. 5712, A Resolution Providing For The Sweeney/Link ° First Mortgage Revenue Bonds, S eries A 1980, an d moved its adoption. Industrial Development (Motion carried under the Consent Agenda) p to allow for rove and accept the cable compliance audit RF Sweeney/Link moved to app Agenda) di to accounting firms. (Motion carried under the Consent Ag moved to accept the resignation of Dan Vroman, with regrets, from the Sweeney/Link mo oint Mr. Benjamin Adams to the Telecommunica Telecommunication Commission and app under the Consent Agenda) Commission. (Motion carried • on No. 5718, A Resolution Appointing A Member To The Sweeney/Link offered Resoluti ss. an d moved its adoption. (Motion carried under the Telecommunication Advisory Comml Consent Agenda). McNeill, City Administrator, reported on the cost of remodeling the129 Levee Drive Mr was to high to r Building. It was emodel and there was asbeseos�eh� - d thoug that the cost McNeill noted that there other considerations. Mr. to be removed as well as mane sed interest . the building. Mr. McNeill recommended that the profit organizations that eth e property where the building is located by renting the building out City remain in control of th or the renters. It was recommended that RFP's for Lease be Tooke at with some time frame set for for the lease. with a minimum of five years that RFP's for lease be looked at with a minimum of Lehman/Sweeney moved to recommended at 129 Levee Drive. three years for the lease of the building Cncl. Sweeney seconded for discussion. He would like to see the time limit extended with a revolving lease. This allows an incentive to improve the building• May 7, 2002 Official Proceedings of the page -17- Shakopee City Council Cncl. Sweeney added a friendly amendment that a revolving lease, to be renewed every year for on carried 4 -0. five years, be used for the lease agreement. Moti etween Sweeney/Link moved to authorize execution of the joint Powers agreement e Res dential System. and the County of Scott, for installation and payment for the emergency (Motion carried under the Consent Agenda). /Lehman moved to adjourn to Tuesday, May 14, 2002, at 4:30 p.m. Motion carried 4 -0. Sw eene y The meeting adjourned at 11:59 p.m. Ju ith S. Cox City Clerk Carole Hedlund Recording Secretary 6 CITY OF S14AKOPEE "CoNs�NT'� Memorandum T0: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: June 27, 2002 Introduction and Background the division budget status for Attached is a print out showing 2002. 2002 based on data entered as of 6/ 14 s rocessed Attached is a regular council bill list for invoice p to date for council approval The actual net expense returns, Also included in the checklist are various refun s, pass through, etc. totaling $ 105,878.53. amount is $422,518. Action Requested 528,397.01. Move to approve the bills in the amount of $ R5509FDO LOGIS007 Expenditures by Co (pb), Division Annual Budget _ De scription - - -- ' -- 02140 TRANSIT 603,870. ---- ---- -- 17 COMMUNITY DEVELOPMENT 603,870.00 02140 TRANSIT CITY OF SHAKOPEE Annual B udget __ _ Description _ _ - - - - -- 01000 GENERAL FUND 90,820.00 11 MAYOR & COUNCIL 558150.00 12 CITY ADMINISTRATOR 325,000 13 CITY CLERK 675,470. 15 FINANCE 424,500. 16 LEGAL COUNSEL 758,910,00 17 COMMUNITY DEVELOPMENT 375,200.00 18 GENERAL GOVERNMENT BUILDINGS 2,981000-00 31 POLICE DEPARTMENT 1,026,480.0 32 FIRE 585,230. 33 INSPECTION - BLDG - P LMBG -HTG 658,730.0 41 ENGINEERING 963,840. 42 STREET MAINTENANCE 188,780.00 44 SHOP 691,600. 46 PARK MAINTENANCE 363,630. 91 UNALLOCATED - 10,667,440.00 01000 GENERAL FUND 56.2 Annual Budget _ De scription - - -- ' -- 02140 TRANSIT 603,870. ---- ---- -- 17 COMMUNITY DEVELOPMENT 603,870.00 02140 TRANSIT CITY OF SHAKOPEE Expenditure Report by Company 7131102 Exp, Avail. Current Month YTD Balanc % ---- % -' Ac tual Balan _ _�- �- 60,318.72 33.6 66.4 30,501.28 294,592,40 47.2 52.8 263,557.60 206,658.0 36.4 63.6 118,341.99 379,617.68 43.8 56.2 295,852.32 252,095.74 40.6 59.4 172,404.26 512,231.43 32.5 67.5 246,678,57 265,336.50 29.3 70.7 109,863.50 1,749,230.77 41.3 58.7 1,231,869.23 769,167.40 25.1 74.9 257,312.60 335,089.50 42.7 57.3 250,140.50 379,302.1 42.4 57.6 279,427.82 623,891.85 35.3 64.7 339,94815 90,757.48 51.9 48.1 98,022.52 451,469.94 34.7 65.3 240,130.06 311,179.0 14.4 85.6 _ - - 52,450.97 6,680,938.63 37.4 62.6 3 ,986,501.37 Annual Budget Description 07500 RECREATION FUND 1 75 RECREATION PROGRAMS 1,480,660.00 07500 RECREATION FUND Exp. Avail. Current Month YTD Balance --- Actual Balance _ - - -- -_ -_ - -- 27.8 72.2 168,052.18 4351817.82 72. 2 168,052.1 435,817.82 27.8 Exp. Avail. Current Month YTD % % Balance Balance Actual - 8 50,017.08 42.6 57.4 630,6 42.92 42.6 57.4 630,642.92 850,017.08 6127102 8:51:03 Page- 1 CITY OF SHAKOPEE R55CKREG LOG22000VO Council Check Register 6114102 - -7!1102 Business Accoun Des�On Vendor ACCOUNTS PAYABLE - SYSTEM SW METRO DRUG TASK FORC Check # Amount 542.00 BERGREN, KELLY SW METRO DRUG TASK FORC 73532 CARVER CO ATTORNEY'S OFFICE ACCOUNTS PAYABLE - SYSTEM SW METRO DRUG TASK FORCE 73533 110.00 73534 9,410.28 CARVER COUNTY TREASURER ACCOUNTS PAYABLE - SYSTEM SW METRO DRUG TASK FORCE 307.09 COLE INFO SERVICES SW METRO DRUG TASK FORC 73535 CULLIGAN BOTTLED WATER ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73536 14'22 ACCOUNTS PAYABLE - SYSTEM LTA DENTAL PLAN OF MN ACCOUNTS PAYABLE -SYSTEM CAPITAL IMPROVEMENT FUND 73537 4,135.30 DE 860.00 FONDER,HELANE GENERAL FUND 73538 ACCOUNTS PAYABLE - SYSTEM 415.00 GFOA DEFERRED COMPENSATION PAYABLPAYROLL CLEARING 73539 ICMA RETIREMENT TRUST 457 SW METRO DRUG TASK FORCE JIM CARLSON LEASING CO 73540 869.61 ACCOUNTS PAYABLE - SYSTEM CAPITAL IMPROVEMENT FUND 73541 1,350.00 ERSHIP AL FUND 500.00 JIRIKISULLWOLD PARTN ACCOUNTS PAYABLE - SYSTEM GENER 73542 ACKLINKAREN M, ESCROW FUND 16.00 ACCOUNTS PAYABLE - SYSTEM 73543 HOWALD BLDRS 73544 450.00 MA ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 8.37 METROCALL PAYROLL CLEARING 73545 MN CHILD SUPPORT PAYMENT CTFOTHER DEDUCTIONS SW METRO DRUG TASK FORCE SYSTEM 73546 460.96 MN STATE TREASURER'S OFFICE ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73547 652.00 NEXTEL COMMUNICATIONS gy�i METRO DRUG TASK FORCE 73548 308.09 SCOTT CO ATTORNEY'S OFFICE ACCOUNTS PAYABLE -Sy 679.40 STEM GENERAL FUND 73549 SHAKOPEE PUBLIC UTILITY COMM ACCOUNTS PAYABLE -SYSTE SW METRO DRUG TASK FORCE 73550 15,690.00 ACCOUNTS PAYABLE - SYSTEM 73551 184,49 SPRINT ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73552 195.00 STANTON GROUP GENERAL FUND 73553 3,000A0 ACCOUNTS PAYABLE - SYSTEM UNITED STATES POSTAL SERVICE ACCOUNTS PAYABLE - SYSTEM SW METRO DRUG TASK FORCE 304.16 VERIZON WIRELESS - BELLEVUE ACCOUNTS PAYABLE - SYSTEM SW METRO DRUG TASK FORCE 73554 ACCOUNTS PAYABLE - SYSTEM WRIGHT COUNTY ATTORNEY GENERAL FUND 73555 514.60 414.29 A & B AUTO ELEC INC ACCOUNTS PAYABLE - SYSTEM RECREATION FUND 17.00 ABELN,GINA ACCOUNTS PAYABLE - SYSTEM 73556 RECREATION FUND 73557 ABRAHAMSON, TAMMY RECREATION FUND 73558 70.50 ACCOUNTS PAYABLE - SYSTEM 107.25 ADAMS PEST CON INC RECREATION FUND 73559 ADVANTAGE FIRST AID AND SAFETII<CCOUNTS PAYABLE - SYSTEM RECREATION FUND 73560 415.46 ACCOUNTS PAYABLE - SYSTEM AM RED CROSS GENERAL FUND A 73561 741.78 ACCOUNTS PAYABLE - SYSTEM APPLE FORD OF SHAKOPEE GENERAL FUND 73562 383.57 ACCOUNTS PAYABLE - SYSTEM 73563 376.16 AT &T ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 40.00 BCAIFORENSIC SCI LAB RECREATION FUND 73564 BECKER ARENA PRODS INC ACCOUNTS PAYABLE - SYSTEM GENERAL FUND T3565 5,347.24 ACCOUNTS PAYABLE - SYSTEM RIFFS INC GENERAL FUND 73566 864.44 ACCOUNTS PAYABLE - SYSTEM 62.66 BIG K -MART BUILDING I.S. FUND 73567 BOARMAN & ASSOC INC ACCOUNTS PAYABLE - SYSTEM RECREATION FUND ACCOUNTS PAYABLE - SYSTEM 73568 21,820.17 ACCOUNTS PAYABLE - SYSTEM BOISE CASCADE CORP RECREATION FUND 73569 939.22 10.00 BORN,DAVID GENERAL FUND 73570 BORROUGHS CORPORATION ACCOUNTS PAYABLE - SYSTEM ESCROW FUND 73571 3,247.27 ACCOUNTS PAYABLE - SYSTEM 1,303.00 CARABEC HOMES 73572 6127102 8:49:47 Page - I 6/27/02 8:49:47 CITY OF SHAKOPEE P age - 3 R55CKREG LOG22000VO Council Check Register 6/14/02 -- 7/1/02 A ccount Description Business Unit Check # Amoun t Vendor ACCOUNTS PAYABLE - SYSTEM GENERAL FU 73614 38.04 KLIMEK, EILEEN ACCOUNTS PAYABLE - SYSTEM GENERALF 73615 48.04 KRIESEL, DAVID ACCOUNTS PAYABLE - SYSTEM GENERALF 73616 3,512.00 KROMINGA, TERRY ACCOUNTS PAYABLE - SYSTEM GENERAL FU 73617 525.00 KUNDE CO INC ACCOUNTS PAYABLE - SYSTEM EQUIPMENT I.S. FU 73618 3,644.61 KUSTOM SIGNALS INC ACCOUNTS PAYABLE - SYSTEM GENERALFUND 73619 16.40 LAKESIDE PLDG & HTG INC ACCOUNTS PAYABLE - SYSTEM BUILDING I.S. FUND 73620 301.28 LANNON,RICHARD J ACCOUNTS PAYABLE - SYSTEM EQUIPMENT I.S. FU 73621 3,099.15 LANG EQUIPMENT INC ACCOUNTS PAYABLE - SYSTEM ESCROW FU 73622 2,850.00 LAURE NT BUILDERS ACCOUNTS PAYABLE - SYSTEM RECREATION FUND 73623 11.00 LAUX,STEVE ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73624 15.00 LEHMAN,MATT ACCOUNTS PAYABLE - SYSTEM GENERAL FUN 73625 7'98 LINK LUMBER INC ACCOUNTS PAYABLE - SYSTEM GENERAL F UND 73626 253.58 LOCATORS &SUPPLIES INC & ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73627 50.00 LO OIL ACCOUNTS PAYABLE - SYSTEM RECREATION FU 73628 52.00 LUD7J�CK,DON ACCOUNTS PAYABLE - SYSTEM GENERAL F UND 73629 356.00 MCGRAW,ERIC ACCOUNTS PAYABLE - SYSTEM ACC GENERAL FU 73630 628.00 METRO CLASSIC HOMES ACCOUNTS PAYABLE - SYSTEM RECREATION F 73631 1,620.50 MIDWEST COCO -COLA CO ACC OUNTS PAYABLE - SYSTEM GENERAL FUND 73632 25.45 MIDWEST ENGINE SERVICE ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73633 566.00 MINNEAPOLIS FINANCE DEPT ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73634 66.15 MN CONWAY FIRE ACCOUNTS PAYABLE - SYSTEM RECREATION FU ND 73635 5.00 MONTEAN,JENNIFER ACCOUNTS PAYABLE - SYSTEM EQUIPMENT I.S. F UND 73636 8,687.42 MOTOROLA INC ACCOUNTS PAYABLE - SYSTEM GENERAL FU D 73637 12.00 MULTIHOUSING CREDIT CTL ACCOUNTS PAYABLE - SYSTEM ESCROW FUND 675.00 MW JOHNSON CONSTRUCTION PAYABLE - SYSTEM RECREATION FUND 73638 73639 11.00 NANFITO,REECE ACCOUNTS ACCOUNTS PAYABLE - SYSTEM GENERALFU 73640 3,294.00 NORTHWEST ASPHALT INC PAYABLE - SYSTEM GENERAL FUND 73641 8,088.00 NORTHWEST ASSOCIATED CONSUADMUNTS ACCOUNTS PAYABLE - SYSTEM ESCROW FUND 73642 1,319.48 ORRIN THOMPSON HOMES ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73643 718.95 OWENS SERV CORP ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73644 358.80 PARK NICOLLET CLINIC ACCOUNTS PAYABLE - SYSTEM TELECOMMUNICATION 73645 397.44 PFR PRODUCTIONS AC COUNTS PAYABLE - SYSTEM EQUIPMENT I.S. FUND 73646 1,107.08 PHILIPS MEDICAL SYSTEMS HSG ACCOUNTS PAYABLE - SYSTEM TRANSIT 73647 2.50 PRIEBE,DEB ACCOUNTS PAYABLE - SYSTEM RECREATION FUND 73648 22.00 PULIDO,ANTONIO ACCOUNTS PAYABLE - SYSTEM RECREATION FU 73649 10.70 (WEST DEX ACCOUNTS PAYABLE - SYSTEM EQUIPMENT I.S. FUND 73650 7,333.45 RAY O'HERRON CO INC ACCOUNTS PAYABLE- SYSTEM GENERAL FUND 73651 204.69 REAL GEM AWARDS ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 73652 30.73 RELIANT ENERGY ACCOUNTS PAYABLE - SYSTEM GENERAL FU 73653 1,010.40 RELIANT ENERGY - MINNEGASCO ACCOUNTS PAYABLE - SYSTEM GENERAL FUND 18.10 REMER, MARILYN 73654 i R55CKREG LOG22000VO CITY OF SHAKOPEE Council Check Register 6114102 -- 711102 Business t SW METRO DRUG TASK FORCE GENERALFUND RECREATION FUND RECREATION FUND GENERALFUND SW METRO DRUG TASK FORCE SW METRO DRUG TASK FORCE SW METRO DRUG TASK FORCE 6127102 8:49:47 Page - 5 AccountDescnpti_on Check # Amount Vendor ATTORNEY'S OFFICE ACCOUNTS PAYABLE -SYSTE 73698 179.55 CARVER CO &VISITORS BUR ACCOUNTS PAYABLE -SYSTEM 73699 10 ,895.35 CONVENTION FINANCIAL SERVICES ACCOUNTS PAYABLE - SYSTEM 3,359.21 ELAN ACCOUNTS PAYABLE - SYSTEM 73700 380.00 ENTERTAINMENT PLUS ACCOUNTS PAYABLE - SYSTEM 73701 32.00 HONERMANN, .10E OFFICE ACCOUNTS PAYABLE -SYSTE 73702 73703 182.00 MEEKER CO ATTORNEY'S OFFICE ACCOUNTS PAYABLE - SYSTEM 73704 260.77 MN STATE TREASURER'S CO ATTORNEY'S OFFICE ACCOUNTS PAYABLE -SYSTE 160.00 SCOTT 73705 628,397.01 Grand Total Business t SW METRO DRUG TASK FORCE GENERALFUND RECREATION FUND RECREATION FUND GENERALFUND SW METRO DRUG TASK FORCE SW METRO DRUG TASK FORCE SW METRO DRUG TASK FORCE 6127102 8:49:47 Page - 5 R55CKSUM LOG20000 Company 01000 GENERAL FUND 02140 TRANSIT 02150 TELECOMMUNICATION 04021 CAPITAL IMPROVEMENT FUND 04053 200112002 PROJECTS 04054 CR16 /CR83 PROJECT 07300 STORM FUND 07500 RECREATION FUND 07800 EQUIPMENT I.S. FUND 07810 BUILDING I.S. FUND 08025 SW METRO DRUG TASK FORCE 08040 ESCROW FUND CITY OF SHAKOPEE Council Check Summary 6/14/02 - 7/1102 Amount 191,052.56 139.44 108,198.69 3,381.29 91.00 2,115.94 830.70 37,495.10 22,657.09 100,485.96 14,897.70 47,051.54 6/27/02 8:49:28 Page - 1 Report Totals 528,397.01 CITY OF SHAKOPEE M CASE NO.: 02 -059 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Julie Klima, Planner II V of Easement North of CR 42 and east and west of CSAH SUBJECT: 17 17 MEETING DATE: July 2, 2002 INTR ODUCTION u bmitted an application for vacation of easement located north of Brian and Julie Welch haves see Exhibit A). CR 42 and east an d west of CSAH 17 has reviewed this request and has recommended approval of the DISCUSSION Engineer and Scott The Planning Conirnission a the concerns of the City subject to vacation satisfy►nD of the Planning vacation request, subj our County aghway Dep information is a COPY Department. Attached for y Commission report from the June 20, 2002 meeting. the City Engineering and County need to address the concerns expressed by as attached. The applicant wi ll need of Resolution No. 5750, I�ghway Department, staff is recommending app provided on an attachment. This The resolution provides for the legal description to e p a the legal Q d lii5, w ay Department concerns low for the adoption of the resolution while the � chment definiri�, scenario would al neerin„ description can be provided at such time as the Engi have meet satisfied. ALTER —A 1 Approve Resolution No. 5750, a resolution of the City of Shakopee approving the vac ation of easement north of CR 42 and east and west of CSAH IT 2_ Deny the proposed vacation. applicant time to 3 Continue the public hearing. Close the public hearing and table the requ 4- provide to allow staff or the app provide additional information. A CTION REQUESTED tion. ffer a motion to appro Resolution No. 5750, and move its adop O 4 e Klima Planner II V ���002 \07 -02 \vacwelch.doc S City Council that an WHEREAS, it has been made to appear s of the SAH 17, City o f Shakopee, County of easement located north of CR 42 and et an e or interess Scott, Minnesota, State of serves no publi and hearing to consider the action to vacate was held f the 2002 WHEREAS, a public � ee at 7:00 P.M. on the 2nd day o x Chambers of the City Hail in the City of Shakopee and given in the SHAKOPEE VALLEY WgEI2EAS, two weeks publishedtings c notice on the bulletin board on the main NEWS and posted notice was given by p etin o Scott County Courthouse, the bulletin board at the the Shakopee City Hall* and floor of the S and the bulletin board in board at the Shakopee Public Library, AS all persons desiring to be heard on the matter were given an opportunity WHEREAS, t the ublic hearing in the Council Chambers in the City of Shakopee. to be heard a P NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE CITY OF S OPEE, MINNESO 1 That it finds attd determines that the va � �Iot ih�etetst der described as apar of the attachment (Exhibit A) is it' the p ose; 2 That the easement described above is hereby v acated- public pure serve 3_ That the easement described above he ado tion of the Resolution, the City Clerk shall file certified copies hereof After t p with the County Auditor and County Recorder of Scott County- e sota, held the Adopted in �_ session of the City Council of the City of Shakopee, Minn day of 2002. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk CERTIFICATION ' I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5750, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting ther hel on the day of 2002, as shown by the minutes of the meeting my possession. day of , 2002. Dated this Y Judith S. Cox, City Clerk MEMORANDUM FOR THE TABLE CITY OF S11AKOPEE Memorandum CASE LOG NO.: 02 -059 TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director ion of Easement North of CR 42 and east and west of CSAH 1 SUBJECT= Vacat MEETING DATE' June 20, 2002 INTR OD UCTION: evening's meeting, staffreceived the attache st. It aration of the staff rep ort for this art of the public Subsequent to the prep Scott County Public Works relative to t n not ° act ° the contents of this letter; letter from Council. The Comnussio hearing record at the City ssion's information. instead it is offered on the table for the Comm ACTION R E Q 'J'ESTED ' to the City Council approval ffer and Pass a motion recommending Engineer- acation, subject As a part of the consent agenda, the concerns gm of the easement v to the vacation satisfying o erns of the City R. Michael Leek Community Development Director . \�_pc\2002 \06- 20 \vacwelcl12. doc g JUN -19 -2002 1q:bU + o SCOTT COU NYY PUBUC WORKS DIVISION rscw. COUNTRY TRAIL EA ST -JORDAN, MN 55352 -9 HIGHWAY DEPARTMENT . ..scott.mn.us (952) 496 -8346 . Fax: (95:z) 496 -8365 , vim. BRADLEY 1, PUBLIC WO DIRECTOR✓ RKS AY ENGINEER COUNTY HIG1 % June 14, 2002 ' Julie Klima City of Shakopee 129 soutil-flobnes SS379 Shakopee, MN Subject: 'Vacation of Easement CSAH 17 and CSAH 42 Dear Julie: te lion of Easement and reducing the blare ear elnent does not crea We recommend V f have reviewed the Vasa y p xo osed easement a e needs in the an issue. Wbat is an issue is the size of the Heal p odate road d= age the size of the Prop easement to be�� accomm increasing osed commodate the that shows what we feel would ac road area. I have included an attachment drainage needs at this intersection. Thank Y OU for the opportunity to comment. Sincerely, 0�' Transportation Planner EN An gquat opp0rtunirylS`fety Aware ,Ernp(oyer JUN- 1� -�I�e� ,.4• �,� �, ,,;,...:. -_ , � ���z ` %� , % � � . u . zz c' , �� •� � _....___.�._..7i4 si /. _ y L � � ..— so IJ CD ~--. _`1� Lam„ - � �. - •`� X � S ,'` � ( t � ID O _ C y -X�""� -_.max �^ r• � t ' i l ` ''� T -- � G7 3 i �� `. �•O , � ` • 1 '� _� '- ' ��$ 1 .rte , �4 { ' , a+ . / / l • 1 . �„ l r •' ti TOTAL P.03 C CITY OF SHAKOPEE Memorandzmi 02 -059 Shakopee Planning Commission Julie Klima, Planner II Vacation of Easement North of CR 42 and east and west of CSAH 17 June 20, 2002 Site Information .Brian and Julie Welch Applicant: North of CR 42 and East and West of CSAH 17 Site Location: Adjacent Zoning: North: Rural Residential (RR) Zone Zone South: Rural Residential (RR) West: Rural Residential (RR) Zone East: Lake O'Dowd DiscDisc --gi received a request from Brian &Julie Welch to consider the vacation of an The City Council has rec see Exhibit A). The City Council will hold a easement north of CR 42 and east and west of CSAH 17 ( enda 2 2002, to consider this vacation request. A recommtion from the Planning public hearing on July , Commission is needed for the vacation process. easement to a smaller vac ation is requested to allow the reconfiguration of the drainage and utility The vac anted from Robert & Clara Boldt to Harris bl i n f avor siz The original easement `,`,as and the City of Shakopee. Should the city vacat ongs privately negotiated. of of the Weinandts would remain unless reconfigu provided comments attached as Exhibit Engineering Department has reviewed the request an d has pro p licant rior to The Engi neerin Department is requestin additional information from the applicant p C. The Engr g Council action on the vacation request. d and utilities have been notified of the proposed vacation and have not Other agencies, city depart objected to the action to vacate. Alter__ nay S roval of the easement vacation, subject to conditions. 1 Recommend to the City Council app roval of the easement vacation. 2. Recommend to the City Council app Recommend to the City Council denial of the easement vacation. 3. to allow staff or the applicant time to provide additional information. 4 Table the decision th Staff Recommendation royal to the City Council of the easement Staff recommends Alternative No. 1, recommending app of the City Engineer. vacation, subject to the vacation satisfying the concerns Action Requeste tion recommending to the City Council approval of the easement vacation, subject Offer and pass a mo to the vacation satisfying the concerns of the City Engineer. 4 (4c Julie Klima Planner 11 g.\�- pc\2002 \06- 20 \vacwelch.doc propose Va cation ' Zoning Boundary Parcel Boundary -1 -t- -7� W E S HAKOPEE s COMMLZ4rR pFME SINCE 1857 t�—y_-rU c,gt -r 7:� Applicants Name: Address: 2700 Santee Trail NW State Zip Code 55372 City: Prior Lake Phone Number: 952-496-2277 FAX Number: Property Owner: Julie Welch and Brian Welch Address: 2700 Santee Trail NW Phone Number: 952 -496 -2277 FAX Number: 1. Current legal descriptions of all parcels (attach separate sheets, if necessary): See Exhibit A 919010 -0 27 -. 2. PID Numbers:? -.7- 27- 27- 3 Property Acreage: 51. 4. Present Zoning: Agricultural 5. Requested Zoning: Decrease /vacation of blanket water drainage easement 6. Existing Use of property: Ag ricultural 7. Proposed name of development: N/A 8. If development is to be phased, proposed number of phases: N/A 9. Right -of -way or easement location proposed for vacation: See Exhibits C and D from blanket on entire parcel and as described 10. Size and dimension of proposed vacation: in x �t 11. Right -of -way names (if applicable): N/A 12. Any existing utilities or improvements: N/A 13. If proposing an amendment to the text of the Zoning Ordinance, which provision? N/A 14. Type of Conditional Use Permit requested: N/A 15. Variance requested to: N/A 16. Variance dimension requested: N/A 17 Please describe the undue hardship that exists that is unique to the site which necessitates the request for a variance Reformation /decrease size of blanket easement to scope originally intended by parties r - ssion when reviewing this request rigina easement Appeals or Planning � - drafted by the CountV has unreasonablY included the entire whereas the only needed and intended easement is described in Exhibit D attached ereto. 19. Does the request meet the criteria necessary to grant approval (please refer to the informational handout)? Submitted this day of 20 ?; � cam-, v'/il/ 1 C- � s vt Applicants Signature Brian Welch Julie Welch, Applicant V����, property Owners Signature Brian Welch Ju 'e Welch, Owner City staff has ten days from the date of application to determine if an application is complete. Incomplete applications will not be processed. G: \comdev\forms \application ��— EU71vrc(rTrrn rennin rrrnnrc nr. SITE DATA TOTAL AREA TO BE PLATTED v 11,13 Acres CO- RD. N0, 17 R/W AREA = 0.53 Acres NET AREA LOT 1 = 10.60 Acres EXISTING ZONING - AGRICULTURAL PRESERVATION (AG) PROPOSED ZONING - RURAL RESIDENTIAL (RR) OL D TS A CRE� SETBACKS 150.0 FEET FROM CENTER U14E OF CO. RD. NO. 17 20.0 FEET FROM SIDE LOT UIJES 100,0 FEET FROM ELEVATION 945.2 (Q.H.W.L. LAKE O'DOWD) f' North line of Government �q�t One, 19- •115 -2a F i i B h OWNER/DEVELOPERf BOB BMT 627 WEST CAVOUR AVENUE FERGUS FALLS, MN. 56537 \ .. PH. (216) 739 -1567 SURVEYOR t ,, \\ \ t YALUY SURVE)ING CO., P.A. 16670 FRANKLIN TRAIL SE. SUITE 230 PRIOR LAKE 61N. 55372 PH, (512) 447 -2570 ( ; FAX (612) 447 -2571 WETLAND QEL1DfEAT10N ruRFJyAIi"r - `.S fi'f: I ti AWAtC ECOSOLUT S INC, ATTN. RCIBEERT MEPiLA 2116 MARQUIS ROAD `t GOLDEN VALLEY, MN. 55427 v PH, (612) 545 -0912 PERCULATIONS / SOIL 8OFdNGS PREPARED BY: \ GARY STAGER 25275 VERGUS AVENUE NEW PRAGUE, MN, 56071 u> 1. W o O PH. (612) 461 -2306 TOPOGRAPHIC INFORMATION PURCHASED FROM: SCOTT COUNTY SURVEYOR 600 COUNTRY TRAIL EAST JORDAN, MN. 55352 PH, (612) 496 -8346 �O LAKE LLEY 943.0 12/8199 LEGEND ��`'',- •- .''c��i. DENOTES PRIMARY SEPTIC SITF DENOTES ALTERNATE SEPTIC SITE PROPERTY DESCRIPTION: That port of the north 399.00 feat of Government Lot 1, Section 19, Township 115, Rango 22, Scott County, Minnesota, lying east of the west 200.00 foot, Togothor with that part of the north 399.00 feat of the Southeast Quarter of the Southeast Quarter of sold Section 19 lying westerly of the canterllne of County Road Number 17 (Marscholl Road). h ` North line of S.E. 1/4 of the S.E 1/4 of 19- 115 -2y o , r t, l ' J : `J,,\ ,, } . '4 "^•v... - -.. 1 `' , r'J�; I _ . 1160 W RD e to Vi ' c�•eor •cer li'r rho{ 1nr• edsbrg ccndi}iens ' __ CIO^ nc; p,xporia :, , rr•o yr under my direct : si• }f c,o th-jJ qn: o 0.1y Licensed \ `•�1 u> 1. W o O \\\ c V) : J\, a v ' k , uJ 5pLD v. •��, � , Vii' i ,., -��= '�, _- —'� PROPERTY DESCRIPTION: That port of the north 399.00 feat of Government Lot 1, Section 19, Township 115, Rango 22, Scott County, Minnesota, lying east of the west 200.00 foot, Togothor with that part of the north 399.00 feat of the Southeast Quarter of the Southeast Quarter of sold Section 19 lying westerly of the canterllne of County Road Number 17 (Marscholl Road). h ` North line of S.E. 1/4 of the S.E 1/4 of 19- 115 -2y o , r t, l ' J : `J,,\ ,, } . '4 "^•v... - -.. 1 `' , r'J�; I _ . 1160 W RD e to Vi ' c�•eor •cer li'r rho{ 1nr• edsbrg ccndi}iens ' __ CIO^ nc; p,xporia :, , rr•o yr under my direct : si• }f c,o th-jJ qn: o 0.1y Licensed City of Shakopee MemorandWn TO: Julie Klima, Planner H FROM: Scott A. Smith, Assistant City Engineer SUBJECT: Vacation of Blanket Water Easement PID NO.: 27- 919010 -0 -0 DATE: June 13, 2002 The applicant refers to a blanket water easement. According to the application all of this easement is to be vacated except for a 3426 square foot area in the NW quadrant of CO. RD. NO. 17 (Marshall Road) and CO. RD. NO. 42 (140TH STREET). After reviewing the parcel and water easement area, the engineering department has the following comments. The Proposed Drainage easement looks to be inadequate. The existing low areas on the property, includes wetlands and helps facilitate drainage from other properties through this site. The City of Shakopee would request that a High Water Elevation (HWL) be established using a 100 year storm event. After the HWL is established, the city would require that the existing property at the HWL elevation and below be retained as Drainage Easement. n O N Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Establishing Administrative Fine for the Sale of Tobacco Products to Minors DATE: June 24, 2002 INTRODUCTION: Attached to this memo is a draft ordinance for Council's consideration that amends the current penalties for licensees who sell tobacco products to minors. As required, thirty (30) days' mailed notice has been given to Scott County Community Health Services and to all tobacco retailers advising of the City's intention to consider a substantial amendment to the Tobacco Ordinance. BACKGROUND: On May 21, 2002, City Council discussed changes to the current administrative fines for licensees who sell tobacco products to minors. At the conclusion of that discussion, staff was directed to draft an ordinance setting forth the following penalties: I' violation $200 fine + 2 day suspension 2n d violation $500 fine + 5 day suspension 3` violation $1,000 fine + 30 day suspension or revocation Subsequent $1,000 fine + 30 day suspension or revocation [Within a 36 month period] The administrative fine to be absolute as opposed to a presumptive penalty that could be altered for extenuating circumstances. The City Attorney has drafted the attached ordinance incorporating the above, as directed. Also included is the provision, similar to the liquor penalties, allowing the City Administrator to impose and administer the administrative fine for a first or second incident upon an admission by the licensee that the licensee furnished or sold tobacco products to a minor. If this provision is not desired, it can be deleted by City Council. Exhibits attached, from the May 21, 2002 agenda, for your information: 1. Exhibit "A" identifies penalties imposed by the City Council within the past 36 months. 2. Exhibit "B" identifies the penalties imposed by nine other cities and two counties. The current administrative fines for the sales of tobacco products to minors are: is' violation $200 fine + 1 — 10 day suspension 2nd violation $500 fine + 1 - 20 day suspension 3` violation $1,000 fine + 30 day suspension or revocation Subsequent $1,000 fine + 30 day suspension or revocation [Within a 36 -month period] The state law (Minn. Stat. Sec. 461.12, Subdivision 2) minimum administrative penalties for a licensee who sells tobacco to a person under the age of 18 years are as follows: I" violation $ 75 2n violation $200 3` violation $250 + 7 day suspension minimum [Within a 24 -month period] Note: The state law allows cities to impose greater penalties. ALTERNATIVES' 1. Adopt ordinance as drafted 2. Adopt ordinance after desired amendments 3. Status quo, continue with current administrative fines 4. Table for additional information RECOMMENDED ACTION: 1. Receive comments from the audience 2. Adopt /defeat Ordinance No. 633 (as amended) ACTION REQUESTED: After discussion, if Council desires, Offer Ordinance No. 633, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Section 5.08 of the City Code by Adding a Subdivision Dealing with Penalties for Sale of Alcoholic Beverages to Minors, and move its adoption. 1D.(4. O RDINANCE AN MINNESO AMENDING SECTION 6.23, SUBD. 12 PARAGRAPH A OF THE CITY CODE PERTAINING TO PENALTIES FOR SALE OF TOBACCO PRODUCTS TO MINORS SECTION 1. Section 6.23, Subd. 12 Paragraph A of the City Code is amended to read as follows: A. Licensees. Any licensee who furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices to a minor or whose employee furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices to a minor shall be enalized as follows: First Incident $200 Fine + 2 day license suspension Second Incident Within 36 Months of First Incident $500 Fine + 5 day license suspension Third or Subsequent Incident Within 36 Months of First Incident $1000 Fine + 30 day license suspension or revocation The penalty for a first or second incident shall be imposed and administered by the City Administrator upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. The penalties for a third or subsequent incident may only be imposed by the City Council. Any revoked license shall not be eligible for reinstatement for at least twelve (12) months. JJT- 215408vI SH155 -23 r. - - - ..... Wa .-. �. w��-.-...���.�....�.� /.t..���.� �I���l��l��1 J.l ill_ '11� \ % t.A���L�I ���I-� enalized as follows: First Incident $200 Fine + 2 day license suspension Second Incident Within 36 Months of First Incident $500 Fine + 5 day license suspension Third or Subsequent Incident Within 36 Months of First Incident $1000 Fine + 30 day license suspension or revocation The penalty for a first or second incident shall be imposed and administered by the City Administrator upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. The penalties for a third or subsequent incident may only be imposed by the City Council. Any revoked license shall not be eligible for reinstatement for at least twelve (12) months. JJT- 215408vI SH155 -23 Adopted in regular session of the City Council of the City of Shakopee, Minnesota held the day of - 2002. Mayor of the City of Shakopee ATTEST: City Clerk JJT- 215408v1 SH155 -23 2 EXHIBIT A SHAKOPEE DATE OF OFFENSE PENALTY 1 sT OFFENSE PENALTY 2' OFFENSE Pullman 11/1997 $200 fine plus 10 day suspension KC Hall 11/1997 $200 fine — suspended for 1 year (told Council they are not renewing their license) Tom Thumb 11/1997 8/1999 $200 fine plus 1 day suspension $500 fine plus 15 day suspension Berens 11/1997 $200 fine plus 1 day suspension SuperAmerica #4035 1155 E. 1 St Avenue 11/1997 $200 fine - suspended for 1 year; and 1 day suspension suspended for 1 year Koehnen's Amoco 11/1997 8/1999 $200 fine — suspended for 1 year; and 1 day suspension suspended for 1 year $500 fine plus 15 day suspension and imposed $200 fine and 1 day suspension that was suspended on 11/10/98 Arnie's 11/1997 $200 fine (has no current license) Shakopee Eagle's 11/1997 $200 fine — suspended for 1 year (told Council they are not renewing their license) Kimart 11/1997 12/1998 $200 fine - $100 suspended for 1 year; and 1 day suspension $500 fine plus 20 day suspension He fen's ICO 11/1997 $200 fine plus 1 day suspension Total Mart 12/1998 $200 fine plus 3 day suspension Oasis Market 1147 Canterbury Road 12/1998 $200 fine plus 3 day suspension Canterbury Park 8/1999 $200 fine plus 3 day suspension Budget Liquor 8/1999 $200 fine $500 fine 10/2001 plus 3 day suspension plus 20 day suspension suspend 10 days if buy card machine Food n Fuel 7/2001 $200 fine $500 fine 10/2001 plus 10 day suspension plus 10 day suspension SuperAmerica #4035 10/2001 $200 fine 1155 E. l Avenue plus 2 day suspension Oasis Market 10/2001 $200 fine 615 S. Marschall Road plus 2 day suspension I:U ceases /TobaccoViolationPenaIties EXHIBIT B Tobacco Violation Penalties CITY 1 6 ' OFFENSE 2" OFFENSE 3 4 " OFFENSE 4 - OFFENSE Shakopee $200 fine $500 fine $1,000 fine $1,000 fine + I to 10 day suspension + I to 20 day suspension + either 3 ) 0 day suspension + either 30 day or revocation suspension or revocation Within 36 months Within 36 months Within 36 months Savage $200 fine $500 fine $1,000 fine + up to 30 day suspension + up to 6 mo. suspension + up to 6 mo. suspension Within ' 3 6 months Within 36 months Prior Lake $150 - $500 fine $700 fine Revocation + to 20 day suspension Within 36 months Within 36 months R 7 Burnsville $150 fine $400 fine $500 fine May be revoked + 3 day suspension + 7 day suspension If not revoked shall not be less than P offense penalty Within 24 months Within 24 months Within 36 months M Minnetonka $250 fine $500 fine $1,000 fine Revocation + I day suspension + 3 day suspension + 10 day suspension Within 3 years Within 3 years Within 3 years fm 0 Eden Prairie $75 fine $200 fine $250 fine + suspension for not less than 7 days Within 2 years Within 2 years F. 4, Richfield $75 fine $200 fine $250 fine $250 + suspension for not less + suspension for not less than 7 days than 7 days Within 2 years Within 2 years Within 2 years CITY 1 OFFENSE 2 OFFENSE 3 OFFENSE 4 OFFENSE Minneapolis $200 fine $400 fine $600 fine $800 fine +;0 day suspension + Revocation for a minimum of 1 year Within 2 years Within 2 years Within 2 years :� L -. -:: ,� .. a f T -:: r �� - :�. ie''_• ,__,...': 1: 5- - 47 7 :.: - ��r ..,, E� , N a � 'c�r<. i t� 4 t t {,}: f f f 7 - "� -. ; Golden Valley Not to exceed $150 fine Not to exceed $250 fine Not to exceed $500 fine Within 12 months Within 12 months .F' Z 4 4— •'' Robbinsdale $75 — $500 fine $2 00 — $750 fine $250 — $1,0 fine + may be suspended for not + suspension of not more + suspension for 7 — 30 days more than 10 days than 20 days Within 24 months Within 24 months Y7. T -. :F t r °� ..,7 -n } - - F.a:�in�� Dakota County $75 fine $200 fine $250 fine $250 fine (Lakeville, + 1 day suspension + suspension for not less + suspension for not less Rosemount, West than 7 days than 7 days St. Paul, Inver Grove Heights) Within 2 years Within 2 years Within 2 years s r s r a Carver County $100 fine $200 fine $250 fine $250 fine (Chanhassen, + suspension for not less + suspension for not less Carver, Cologne, than 7 days than 7 days Norwood /Young America, Victoria) Within 2 years Within 2 years Within 2 years LicenseslrobaccoV iolationTable I D. 6 ST- P L) L To b ;j C , C - ) via%lw}tio - N m udl Iq � J E 3D �6� p F-A s�d� I 1 movf 4 S. +L Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amending Administrative Fines for the Sale of Alcohol to Minors DATE: June 24, 2002 INTRODUCTION: Attached to this memo is a draft ordinance for Council's consideration that amends the current penalties for licensees that sell alcohol to minors (defined as any person who has not attained the age of 21 years). BACKGROUND: After the most recent hearings on alcohol violations, City Council directed that an amendment to the regulations on alcohol sales to minors be drafted for consideration. You may remember that City Council deviated from the presumptive penalties for three licensees: MGM Spirits, AFFC, Inc. dba Arnies Friendly Folks Club, and Bretbecca, Inc. dba The Pullman Club. A penalty of a $500 fine and a one -day suspension that was suspended provided that there are no violations within one year was imposed as opposed to the presumptive penalty of $1,000 fine and a one -day suspension for the first incident. Based on the discussion held by City Council, the City Attorney has prepared the attached ordinance for Council's consideration. The ordinance sets the administrative fine for the first incident at $1,000 plus a one -day license suspension and it suspends $500 of the fine and the one -day license suspension for one year provided that there are no further violations within one year. Also, the ordinance deletes "presumptive" so that the penalties will be absolute as opposed to presumptive. If City Council adopts the administrative penalty ordinance for tobacco violations, also on this agenda, the penalty provisions for both tobacco and alcohol will allow for: 1. The City Administrator's imposition of penalties for a first or second incident upon an admission by the licensee of the violation, and 2. Administrative penalties as opposed to presumptive penalties for violations. ALTERNATIVES: Adopt ordinance as drafted 2. Adopt ordinance after desired amendments 3. Status quo, continue with current presumptive penalties 4. Table for additional information RECOMMENDED ACTION: Received comments from the audience, if desired 2. Adopt/Defeat Ordinance No. 634, with any amendments Council cares to make. RECOMMENDED ACTION: After discussion, if Council desires, Offer Ordinance No. 634, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Section 5.08 of the City Code, Subdivision 7 Dealing with Penalties for Sale of Alcoholic Beverages to Minors, and move its adoption. I:Uiquor /penalties 07 -02 -02 )D-8. ORDINANCE NO. 634 FOURTH SERIES AN ORDINANCE OF CI OF •' MINNESO • • • C • 6 .1 D&VA 01 • II • .1+ • 1 • :1 • C . • 11 • • �1 .�1 Section 1. Section 5.08 Subdivision 7 of the City Code is amended to read as follows: Subd. 7. Penalties. A. The purpose of this subdivision is to establish a uniform set of presulrptie penalties for licensees who furnish or sell alcoholic beverages to minors. The presumpfi- e penalties for a first or second incident shall be imposed and administered by the City Administrator upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. The preserve penalties for a third or fourth incident may only be imposed by the City Council. The City Ceuneil may deviate from a pr-esumptive penalty where the City Council finds that there ar- s4stantial reasons to de so. The r it . .,l_ B. The following are th presumptive penalties shall be imposed if a licensee furnishes or sells alcoholic beverages to a minor: A $1,000 fine and a one -day license suspension for the first incident provided however, that $500 of the fine and the one -day license suspension will be suspended for one year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during that one -year period 2. A $1,500 fine and a five -day license suspension for a second incident occurring within three years of the date of the previous incident 3. A $2,000 fine and a ten -day license suspension for a third incident occurring within three years of the dates of the previous two incidents; 4. A $2,000 fine and a suspension of the license for a minimum of 30 days or a revocation of the license for a fourth or subsequent incident occurring within three years of the dates of the previous three incidents. C. All multiple -day license suspensions shall run consecutively beginning at 12:01 a.m. on the first day of the suspension period and ending at midnight on the last day of the suspension period. JJT- 216683v1 SH155 -23 D. Any person whose license to sell alcoholic beverages is revoked under this subdivision may not apply for a new license for at least 30 days after the effective date of the revocation. E. No suspension or revocation shall be imposed by either the City Council or the City Administrator until the licensee has been afforded an opportunity for a hearing in accordance with Section 5.02, Subdivision 4 of this Chapter. Section 2 . Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2002. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of 1 2002. JJT- 216683vl SH155 -23 CITY 1 OFFENSE 2 ND OFFENSE 3 OFFENSE 4' OFFENSE Shalcopee $1,000 fine $1,500 fine $2,000 fine $2,000 fine + minimum + 1 day suspension + 5 day suspension +10 day suspension 30 day suspension or revocation Within 3 years Within 3 years Within 3 years Eden Prairie M $500 fine $1,000 fine $1,500 fine $2,000 fine + 2 day suspension + suspension of not less than 5 days nor more than 60 days or revocation Within 2 years Within 2 years Within 2 years Edina $500 fine $1,000 fine $2,000 fine Revocation + 3 day suspension + 7 day suspension Within 2 years Within 2 years Within 2 years Minneapolis p ,. M $500 fine $1 000 fine ,500 fine $ , Revocation day suspension Within 2 years Within 2 years Within 2 years Robbinsdale _ M $500 fine (reduced to $250 $1,000 fine $2,000 fine Revocation if all staff attend training) + 2 day suspension + 7 day suspension Within 1 year Within 1 year Within 1 year Crystal M $750 fine $1,500 fine $2,000 fine Revocation + 1 day suspension + 3 day suspension + 10 day suspension Within 2 years Within 2 years Within 2 years Richfield M $500 fine $1,500 fine $1,750 fine $2,000 + 2 day suspension + 5 day suspension + 10 day suspension + Revocation Lakeville P $250 fine 3 day suspension 6 day suspension Revocation Beer /Wine Lakeville P $500 fine 3 day suspension 6 day suspension Revocation Liquor Within 3 years Within 3 years Within 3 years Chanhassen P 3 day suspension 6 day suspension 18 day suspension Revocation Within 3 years Within 5 years Within 7 years Prior Lake P 3 day suspension 6 day suspension 18 day suspension Revocation Within 3 years Within 5 years Within 7 years Burnsville P 3 day suspension (Council 6 day suspension 18 day suspension Revocation may impose a $500 fine in lieu of suspension on first offense) Within 1-1/2 years Within 2-1/2 years Within 4 years Minnetonka & P $500 fine $1,000 fine $2,000 fine Revocation Golden Valley M + 1 day suspension + 3 day suspension + 10 day suspension On Sale Liquor Minnetonka & P $750 fine $1,500 fine $2,000 fine Revocation Golden Valley M + 1 day suspension + 6 day suspension Off Sale Liquor Minnetonka & P $350 fine $700 fine $1,500 fine Revocation Golden Valley M + 1 day suspension + 3 day suspension + 10 day suspension On Sale Beer /Wine Minnetonka & P $250 fine $500 fine $1,000 fine Revocation Golden Valley M + 1 day suspension + 3 day suspension + 10 day suspension Off Sale Beer Within 3 years Within 3 years Within 3 years M = Administrative penalty — no provision to deviate P = Presumptive penalty — Council may deviate in an individual case, Council will provide written findings to support the penalty selected CITY OF SHAKOPEE MP.mnrnnl7um TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Helicopter Monument Display — Veteran Memorial Park DATE: June 24, 2002 INTRODUCTION The Council is asked to take action relating to the acquisition and eventual display of a decommissioned military helicopter to be located in Memorial Park. BACKGROUND Several months ago, Councilor Link informed the Council that he would be willing to request a decommissioned military helicopter, which would be displayed in Memorial Park as a memorial to Shakopee's veterans. Preparation work would be done in conjunction with the local VFW and American Legion Posts. A letter was sent to the Department of the Army, expressing the City's interest in this being done. On May 29 the Department of the Army sent a letter (attached) with a list of items needed to release a surplus, decommissioned helicopter. As shown, the City must submit the following: • Certificate of Incorporation showing Shakopee's recognition as a governmental unit of the State of Minnesota (this has been requested of the Secretary of State). • Copy of the approval by the City Council, indicating the City will assume the responsibility for the upkeep and safety of the display item (attached letter) • Site photograph of the intended display area • Map of the area showing location of City Hall and the display site • Certificate of Assurance of Compliance with Title VI of the Civil Rights Act • Demilitarization Intent Letter — in the letter, the City requests the Department of the Arniy to demilitarize the helicopter. After approval is received, a display pad and pedestal will be constructed. Councilor Link has agreed to coordinate the donation of labor and materials for that through local contractors. The VFW /American Legion have further indicated that they will donate up to $1,000 initially for restoration of the helicopter, and have agreed to future maintenance of the helicopter. The City is being asked to provide landscaping around the Memorial, and to provide maintenance of that. Obviously, a location in Memorial Park is of concern, owing to the Indian burial mounds in the area. The anticipated location (near the highway, between the Memorial flag pole and the Chamber of Commerce identification sign), will be reviewed by the State Archeologist to assure that there are no burial conflicts. It will also be located far enough back that it will not block view of the Chamber of Commerce sign, but will still be visible from the highway. It is anticipated that the City cost for this will be limited to landscaping materials. This can be done within the current budget of the Public Works Department. I IN U1 91=129 �@,: I recommend that the City Council, by motion, approve the following: 1. Approve the Certificate of Assurance of Compliance with Title VI of the Civil Rights Act. 2. Direct that the attached letter of understanding with the VFW and American Legion Post spelling out current and future responsibilities for the helicopter be signed and sent. 3. Approve submission of a letter to the Department of the Army, indicating the City Council's approval of the concept, and that the City will assume the ultimate responsibility for the safe keeping and upkeep of the helicopter. ;. 1 If the Council concurs, it should, by motion, approve the following items: 1. Approve the Certificate of Assurance of Compliance with Title VI of the Civil Rights Act. 2. Direct that the appropriate city officials be authorized to sign a letter of understanding spelling out current and future responsibilities for the helicopter with the American Legion and VFW. 3. Approve submission of a letter to the Department of the Army, indicating the City Council's approval of the concept, and that the City will assume the ultimate responsibility for the safe keeping and upkeep of the helicopter. Mark McNeill City Administrator MM:th CC: Maynard Bratland — American Legion Commander Mark Pint — VFW Commander Carol Schultz — Chamber of Commerce Ueanette/H el i cop ter iy . DEPARTMENT OF THE ARMY UNITED STATES ARMYTANKAUTOMOTIVEAND ARMAMENTS COMMAND 6501 E. 1 1 MILE ROAD WARREN, MICHIGAN ,48397 -5000 PLYTO r Mhmnw nw AMSTA -LC -CID Honorable William P. Mars Mayor of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 -1351 Dear Mayor Brown: May 29, 2002 Thank you for your interest in obtaining military equipment for use as static display for memorial/historical purposes. The enclosed checklist contains the current requirements and proper documents for you to submit to qualify for receipt of the item you requested. If you wish to pursue obtaining a display after reviewing the requirements, please provide the initial information/documentation highlighted in yellow on the checklist within 45 days of receipt of this letter. The remaining requirements are not due until an item is reserved for your. organization. If after reviewing the checklist, you determine you are no longer interested in obtaining a static display piece, please notify this office to cancel your request. If you require any further information, you may contact Ms. Sandra Ritchie or the undersigned at (586) 574 -7360; or visit our web site at www.tacom- armymil/donations Our fax number is (586) 574 -7128. Our E -mail address is donationsCo)tacom.army.mil Sincerely, -4 I dith A. Milidrag onations Regional Manager (North) Enclosures Environmental and Park Plan Review Applicants of residential, commercial and industrial developments are required to appear before the Environmental Advisory Committee (EAC) and the Parks and Recreation Advisory Board (PRAB). Please complete the following list of questions before you appear before the EAC and PRAB. The EAC meets the second Wednesday of the month and the PRAB meets the fourth Monday of the month. Responses can be e- mailed to the Director of Natural Resources, Mark McQuillan. mmcquillannci.shakopee.mn.us Project Name: Contact: Phone: Address: FAX: PID # Project Location: Request: 1. Project Description 2. Describe current and recent past land use and development on the site and on adjacent lands. I OWN NO 014d 3. CoverTypes — estimate cover type acreage before and after development Before % After % Before % After % Types 1 -8 Wetlands Lawn/ Landscaping Wooded/forest Impervious Surfaces Brush/grassland Other (describe) Cropland Total 4. Describe the physical and hydrologic impacts this project will have on water resources. Will the project involve the physical or hydrologic alteration of any surface water? 5. Provide and estimate of the acreage to be graded or excavated and the cubic yards of soil to be moved. Please describe any steep slopes or highly erodible soils and what measures will be implemented to minimi erosion 6. Will the facilities be connected to city utility (sewer, water) services? Estimate the amount of water and wastewater used/generated. 7. Describe traffic provisions (parking, average and peak hour traffic flows). d ' Qualification Checklist for Donations of Combat Materiel Municipalities Written request signed by the Mayor, City Manager, County Commissioner, Governor as appropriate addressed to: U.S. Army Tank- automotive and Armaments Command 6501 E: 11 Mile Road ATTN: AMSTA -LC -CID Warren, MI 48397 -5000 The request should include the quantity desired, intended use of the item, street, mailing addresses and phone number of the requesting governmental body, and the name, address and phone for the point of contact if other than the requesting official. ❑ Certificate of Incorporation under State Law, City /County Charter or other legal documentation substantiating recognition as a governmental entity of the state. ❑ Copy of the approval by the City /Township Counsel, County Board of Commissioners and/or other appropriate law making governing body. This document must show that the appropriate governing body will assume all responsibility for the upkeep and safety of the display item. ❑ Site Photograph of the intended display area. ❑ Map of the area with directions pinpointing the location of the responsible governing office and the display site if different. Must be detailed enough to permit visitors /inspectors unfamiliar with the local area to easily find. ❑ Certificate of Assurance of Compliance with Title 6, Civil Rights Act (Enclosed). ❑ Demilitarization Intent Letter If you opt to have the item demilitarized by someone other than us, we require a letter from the organization you contract to perform this service (normally your local National Guard and/or reserve unit) stating that they will assume full responsibility for the proper demilitarization and certify that it is done to us. Please keep in mind that false certification is a criminal act and punishable under federal law. ❑ Photograph(s) of the completed display pad or pedestal. Note: DO NOT construct a pad or pedestal to hold your display item until contacted by this office and informed of a specific item is reserved for your organization. This will prevent the unnecessary expenditure of funds in the event an item is not readily available or an unforeseen 'delay occurs in the donation of an item to you. r - iiiiiiiji 1 1 (Hereinafter called "Applicant- Recipient ") (Name &Address of Organization) , EEREBY AGREES THAT in compliance with Title VI of the Civil Rights Acts of 1964, Section 606 of the Federal Property and Administrative Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, no person shall, on the grounds of race, color, creed, national origin, sex or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant- Recipient receives a conditional donation from the United States Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. This agreement will continue in effect during the time the Applicant- Recipient retains custodial ownership, possession or control of the conditionally donated property. Further, Applicant- Recipient agrees and assures that its successors and/or assigns will be required to give an assurance similar to this Assurance as a condition precedent to acquiring any right, title or interest in and to any of the property conditionally donated herein. THIS ASSURANCE is given in consideration of and for the purpose of obtaining a conditional donation of U. S. Army owned property pursuant to public laws, Title 10 USC §2572 and/or Title 10 USC §4683. The Applicant- Recipient recognizes and agrees that such a conditional donation will be made in reliance on the representations and agreements made in this assurance, and that the United States will have the right to seek judicial enforcement of this assurance. THIS ASSURANCE is binding on the Applicant- Recipient, its successors, transferees, assignees and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant - Recipient. (Date) Notary Public Endorsement COUNTY OF, STATE OF (Signature) (Printed Name) (Title) I, the undersigned, certify that I am a duly commissioned, qualified, and authorized notary public. Before me personally and within the territorial limits of my warrant of authority, appeared who is known by me to be the person who is descnbed herein, whose name is subscribed to, and who signed this Inventory Certification and who, having been duly swom, acknowledged that this instrument was executed after its contents were read and duly explained, and that such execution was a free and voluntary act and deed for the uses and purposes herein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal on , 20 (Date) Notary Public MOM My Commission expires: .. •L x P` P p 9 s . r r . q µ,,s, . • � . ,.. -.,ss„ ®^mac e p , ° y {gyp V". r ,,.> . �r a'�' " -..... - v ,. �. : •a,� ,u k ' y.a� _ A , �� e .;r^r'�`�^ Vq 'a. �a°. * yr �,,, fl�4�'. '• a.r- ss+w:sa+.. .0 a•;c.n ...are �� �1pcs ;.gal —�r,,� ..� �:fi�� � ��4,� F � t "`�{ 1 � I� b. '�•Pq.�rr,. ` :i. Fw u. r.:..<x. r.,f, e+ Y..a �.a.,. M d - 9 .., ....- .,�,..,ea..+• -, '�• y "�,. "p ��• t i t.. u , i L � r,,r`E.' e ^� " � y.'_' . t a. .:;. S�: _ `' `tn°� � �-. w....., ., `� ,t .� P �, 5; �:;�"•= ,� '�� -� n ~ � Y �'� P • �y 'hY �. as . d <�4 .r•'_- 5� ( v Y � . ,, i �cvHC vF.v r' .tir.2� 4ffiF '.� _ .. .. rte; :. . ,... - M. .1J „w"•i x.. J SC / y f A Y June 27, 2002 U. A Tank - automotive and Armaments Command ATTN. AMSTA -LC-CID 6501 East 11 mile Warren, Mi 48397 -50 To Who It May Concern: 2, 2002, the City Council of the City of Please be advise approved for the acquisition an d static display of destal th es' that, pp ed s mee Plans of July would be displayed on a P Shakopee, Minn ee American Legion Shakopee demilitarized military helicopter local donatd labo�e kop m Sh� Veteran will be constructed in ee VFW Post would be at a Post 2 an d Shakopo4046 haakopee, Mimleso M Park, 18 01 E. Hwy 1 , W and American Legion Posts for their While there is a separate agr Bement with the VF overnirlg all responsibility for shared maintenance of the re body for the City of es that the City will assume all over helicopter /memorial, as e g Shakopee, the City Council afi the upkeep and safety of the displayed helicopter. area, a map showing a h of the intended display the location Attached please also find a site photogr p City Hall and the display site, a nd a map of Veterans d acent Scott County �ghway of the helicopter- ter. The site will be readily visible from J 101. fiance f the Certificate of A of Comp We have also attached an executed copy o Shakopee that it is the request of the City of Shakop with Title 6, Civil Right A In addition, Armament Command demilitarize the helicopter. the U.S. Army Tank- automotive and Arm ortation to tion of approval by your Command we will arrange for transP Upon notlfica Shakopee. CO IV plzmE al OPM 1857 °FAX 952 233 -380 ° www.ci.shakopee -mn.us 129 Holmes Street South °Shakopee. Minnesota ° j5379 -1351 ° 952-233-3800 appreciate your cooperation in this endeavor, od We very much es of our Commurat't of this helicopter as a memorial to the members of the acme Sincerely, William p. Mars Mayor, City of Shakopee WM:tl1 Commander Shakopee VFW Post No. 4046 1201-3 rd Avenue East Shakopee, MN 55379 Commander Shakopee American Legion Post No. 2 1266 1 St Avenue East Shakopee, MN 55379 Gentlemen: June 27, 2002 The City of Shakopee has agreed to apply for acquisition of the military helicopter for display in Veterans Memorial Park. While it is the ultilmate responsibility of the City for the upkeep and safety of this helicopter, the City has done this with the following understandings: The City will provide the site, and will request an inspection by the State Archeologist Office or suitable alternate agency, that the location will not interfere with Indian burial mounds. That the City will provide, install, and maintain landscaping materials around the site. In exchange, the City understands the following will be provided by the VFW and American Legion groups: • The restoration of, and ongoing maintenance of the helicopter. Clete Link has agreed to provide for transportation of the demilitarized helicopter to Shakopee, and will coordinate the donation of materials and labor so as to construct a pedestal/pad, and mount the helicopter on the display pedestal. Thank you for your willingness to do this. We look forward to this as a suitable memorial to the fighting men and women of Shakopee who have served these United States. Sincerely, William P. Mars Mayor, City of Shakopee COMMUNITY PRIDE SINCE 1857 129 Holmes Street South ° Shakopee, Minnesota ° 55379 -1351 •952 ?33 -3800 °FAX 952- ° www.cishakopee.mn.us TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA July 2, 2002 Regular Meeting 1. Roll Call at 7:00 p.m. 2_ approval of the Agenda All items noted by an * are anticipated to be 3 Approval of Consent Business - ( for routine. After a discussion by the President, there will be an oppo ty e of the EDA to remove items from the co d th normal sequence on mem discussion. Those items removed o l n e conse a g enda will otherwise not be the agenda. Those items remaining individually discussed and will be enacted in one motion.) A.) *Approval of Minutes: 4. Financial A_) * Approval of Bills 5. R No. 2002 — 2, A Resolution of the Shakopee Economic Development Authority Adopting Economic Development Revolving Loan Fund Guidelines 6. Informatio ' terns: elopment Program - Update from Carver County HRA A.) Small Cities Dev (ON TABLE) 7. Other Business: g. Adjourn PROCEEDINGS .1 OFFICIAL ECONOMIC DEVELOPMENT AUTHORITY SHAKOP MINNESOTA REGULAR SESSION May 7, 2002 Members Present: President Sweeney, Lehman, Link and Mars. Members Absent: Joos Clerk, Jim Staff Present: Mark McNeill, City Ae ; R. Michael L Leek, Community Development Thomson, City Att orn y, Director; Bruce Loney, Public Works Director; Paul Snook, Economic Chi Development Coordinator, Dan Hughes, e Stang,Fire , Chief Themig, Facilities and Recreation Director, an nY I, Roll Call: President Sweeney called the meeting to order at 7:32 p.m. Roll was taken as note above. II, Approval of the Agenda: Motion carried 4 -0. Mars/Lehman moved to approve the agenda as presented. Approval of the Con sen A genda: Link/Mars moved to approve the Co nsent Agenda as presented. Motion carried 4 -0. A. Approval of Minutes for April 2, 2002- Link/Mars moved to approve the April 2, 2002 meeting minutes. (Motion carried under the Consent Agenda). IV. Fines= A Approval of Bills. Link/Mars moved to approve the bills in the amount of $38,953.51. (Motion carried under the Consent Agenda). V. Sma Cities Developmen p rogram: A. Update from Carver County RA. Development Coor as a result Mr. Sno Economic ul of the recent marketing considerable response from property owners efforts. Mr. Snook noted the Single-Family Res'ihenmonies committed e ha al l C ities Development Grant has allocated 80% o from 55% to 80 %; the Rental - portion of the grant. This percentage has grown Residential c omponent has allocated 82% of the funds committed to that nth. The of the grant money. This has grown from $ cant increase in the use of those funds Commercial portion is still lacking g committed to the commercial area. Mr. Snook reported on expanding the target area for a h 1 catlori and the full extent of grant. He noted that he looked back on the original T commercial portion the slum and blight area was identified in that app cannot be expanded since it would not qualify under the slum and blight condition. Official Proceedings of the Economic Development Authority May 7, 2002 Page —2- A high level of marketing in the components of the program in the current areas will be continued. Commissioner Sweeney noted that Vision Shakopee is currently involved in marketing this grant in the commercial area along with Mr. Snook. Mr. Snook noted there could be a transfer of funds from the commercial portion of the grant to the two housing areas where the grant funds where being used mostly. Mr. Snook noted that this grant has been extended until September and if there are still applications in process when this extension is up the grant could again be extended. Mr. Snook explained some of the marketing that has been done. He would like to focus on fagade improvements and design guidelines where improvements can be seen as well as structural improvements that are also necessary but hidden. VI. Other Business: There was no other business. Adiourn: Mars/Lehman moved to adjourn the meeting to June 4, 2002 at 7:00 p.m. The meeting adjourned at 7:44 p.m. Motion carried 4 -0. __11 4Judith S. Cox, EDA Secretary Carole Hedlund, Recording Secretary 'Y A7 CITY OF SHAKOPEE � NS-9-10 T f Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: June 27, 2002 Introduction period Below is a listin g of bills for the EDA for the p 06/02/02 - 07/01/02. Action Requested Move to approve bills in the amount of $28,999.14 for the EDA General Fund. Check Check Amount Date Number Vendor Description 6/12/02 73451 Kennedy & Graven Attorney $ 499.14 28,500.00 6/02/02 73360 Carver County HRA SCDP Annual Description Budget 02190 EDA 317,180.0 19 EDA - 02190 EDA 317,180.00 YTD Current Month Exp. Avail. ova Actual Balance Balance 116,112.03 201,067.97 3 6_6 63.4 116,112.03 201,067.97 36.6 63.4 E 0A 5 l..of1oc/ / 16.F 7 CITY OF SHAKOPEE Memoranduln TO: Mayor and City Council Economic Development Authority Mark McNeill, City Administrator / EDA Executive Director FROM: Paul Snook, Economic Development Coordinator S3 SUBJECT: City Council Resolution No. 5752, and Economic Development Authority Resolution No. 2002 - 2, adopting Economic Development Revolving Loan Fund Guidelines MEETING DATE: July 2, 2002 Introduction & Background As you recall th City of Shakopee hi a pplication to the Minnesota Minnesota Investment Fund Department of Trade & Economic Development (MIF) loan to assist CertainTeed Corporation in the expansion of its Shakopee facility on East Fourth Avenue. The application is now comp oe ect DIED is n the process reliminary drafting award of the $440,000 loan for the CertainTeed p the grant Agreement between the State and City. The agreement spells out the terms and conditions of the MIF financing. The MIF program allows the local government applicant / sponsor to retain a portion of the loan to establish a local economic development revolving loan b fund, also known 100,000 so In this project that amount is $100,000. CertamTeed pay the City may establish the economic development revolving loan fund. The remaining $340,000 will be forgiven if the company meets tes and benefits s specifi d m he MIF agreement (44 new jobs and corresponding w application). For the City to be able to use the $100,000 to establish an economic development RLF, DTED requires that the City establish guidelines for the proposed loan fund. What is an Economic Development Revolving Loan Fund? The establishment of a RLF within a comm a n source of money from which lo a made encourage business development. A RLF is with dolas which for small business development projects. The generally o no fund 00 000 of the Minneso do need to be repaid (m this case, $ Fund for the CertainTeed expansion). A loan is her to a ss business and as repayments are made, funds become available for new loan s rlfinemo l .doc What is the Purpose of an RLF? RLF's are established to provide a source of financing, which may not otherwise be available within the community, for local, expanding, or start-up businesses. Often, they are used to fill a "financing gap" in a business development project. A gap occurs when the business lacks the funds to meet the equity requirements of bank financing or needs a lower interest rate. A Revolving Loan Fund within a community enhances the "tool chest" of the local economic development organization. Fixed rate, low interest, and/or long- term financing is important to a business wanting to locate or expand within the area. Although the RLF is not the primary source of financing for a project, the combination of public and private financing lessens the risk for the primary lender (by decreasing their exposure) and yields an overall lower cost of money for the borrower. Most government financing programs require that jobs be created in direct proportion to the amount of public dollars loaned in a project. A Revolving Loan Fund may provide incentives for job creation to businesses locating or expanding in the community. In addition, the existence of an RLF promotes goodwill for the local community. Businesses are encouraged by programs which support retention and expansion, utilizing flexible, locally controlled funds. This demonstrates a pro- business attitude, which is critical when developing partnerships between the public and private sectors. The proposed RLF guidelines were derived from a variety of guidelines from other community economic development organizations (State of Ohio; Lake City, MN; Moorhead, MN; Baltimore County, MD; SW Colorado; Columbia ty proposed guidelines focus on the basic sector of the local economy; manufacturing, u inesses, tat assembling, or processing operations, including new rtn� their prodducts.sBasic sechor are primarily dependent upon external markets, exporting Non -basic sector activity is the true generator of economic enhancement in a community businesses which depend largely upon local markets, and whose products are consumed locally are not eligible. DTED has reviewed the proposed guidelines ands nn derived from CertainTeed's s Minn ota and guiding the revolving loan fund that will b Investment Fund loan. Attached are the proposed Economic Development Revolving Loan Fund Guidelines, and corresponding resolutions for adoption. Action Requested City Council Offer Resolution No. 5752, a Resolution f th Loan Fun Guidelines, and move kts adop adopting Economic Development Revol g E conomic Development Aut hority Offer Resolution No. 2002 — 2, a resolution of the Economic DLoan FundtGuidelinesoand e City of Shakopee adopting Economic Development Revolving move its adoption. rlfinemo 1. doc city of Shakopee Shakopee Economic Development Authority EC ONOMIC DEVELOP P U"OSE In The purpose of the Shakopee Economic Development eSRs t t enable them to expand the to provide a financmg mechanism to quali ortunities in Shakopee. The EDRLF is primary economic base and employm ent o pp p designed to encourage business expansions and start-ups and related job creation an retention in Shakopee. ELIGIBLE APPLICANTS Eligible applicants are for -profit businesses and ling, or processing operat including local economy engaged in manufacturmg assembling, p new technology -based businesses, that are primarily dependent upon external markets, exporting their products. The EDRLF makes loans for expansion of existing businesses and start-ups in Shakopee The applicant should demonstrate that there will be creation of dollars induces private existing jobs; increase in thea b ase; that void betw he cost of the project and the funds; and that a financing gap has available from other sources, such as owner s total amount of funds that the business cash and bank loans. Non -basic sector businesses which depend lar leLopal services (i.e. t dryc eane�s, products are consumed locally are NOT eligible. restaurants, drug stores, retail etc.) are non - basic, depending almost entirely on local market factors. ELIGIBLE USES OF FUNDS - Land & Building Acquisition - Site Improvements Construction or rehabilitation of manufacturing facilities - Machinery and Equipment - Workforce development / training RLFGuidelines2.doc INELIGIBLE USES OF FUNDS - Debt Refinancing - Working Capital - Equipment Relocation Operation or expansion of a casino Projects related to a sports facility - Maximum loan amount shall not exceed $20,000. Minimum loan amount is $5,000. RLF Loan shall not exceed 50% of the total project costs; the other 50% of funding must be secured from other sources such as equity, bank financing, etc. Real Estate --Not to exceed 10 years Equipment -- 3 to 5 years, depending on type of equipment On loans with. mixed purposes, the terns will be a weighted average based on uses. INTEREST RATE hi no case shall the rate be less than four percent or greater than two percent above the T9jall Street Journal prime rate at time of closing. JOB CREATION AND /OR RETENTION Job creation and/or retention must also included as part of the project. One full time equivalent job must be created or retained for approximately each $10,000 of RLF assistance. WAGE_ GOALS Businesses receiving a revolving loan fund must pay each employee total compensation, Including benefits not mandated by law, that on an annualized basis is equal to at least 110% of the federal poverty level for a family of four, which as of July 1, 2001 is $9.33 per hour. The federal poverty level changes annually. COLLATERAL REQUIREM Collateral - Reasonable security will be required. This will entail liens on all assets purchased with RLF funds as well as liens on other assets as necessary. Personal RLFGuidelines1doc guarantees of the principal owners /stockholders (that own in excess of 20 percent of the firm) will be required. Collateral Subordinatioiz - The RLF is will..ina to take a subordinate position to private bank financing. COMMITMENTS FROM PRIVATE SOURCES There shall be documentation of conunitments from all private and /or public lenders making loans to the project. Documentation shall include loan conditions and terms (amount, interest rate, term. and security required). FEES AND OTHER COSTS Loan application fee of $100 will be due and payable upon the submission of the loan application to the Revolving Loan Fund. The application fee is charged to defer the costs associated with credit review and is non - refundable. RLFGuidelines2.doc RESOLUTION NO. 2002 - 2 BE IT RESOLVED BY THE ECONOMIC DEVE NT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, AS F O LL OWS: WHEREAS, the City of Shakopee has submitted a Part II Appl o ln to the In M Department of Trade & Economic Development for a M Fund loan to assist in the expansion of CertainTeed Corporation's Shakopee facility; and WHEREAS, the Minnesota Department of Trade & Economic Development has awarded a Minnesota Investment Fund loan for the CertainTeed Corporation expansion in the amount of $440,000; and Investment Fund program has a provision that allows WHEREAS, the Minnesota the local government applicant sponsor to retain portion of the loan to establish a local economic development revolving loan fund; and WHEREAS, as a condition of providing the Minnesota Investment Fund loan to CertainTeed Corporation for its expansion, the Minnesota Department of Trade & Economic Development has required that the first $100,000 0� the tO an economic development k to the City of Shakopee for the purpose of the City g revolving loan fund; and WHEREAS, in order for the City to esta� sh an economic d Fund Loan to CertainTeed loan fund from proceeds of the Minnesota Inves Corporation, the Minnesota Department of Trade & Economic Development requires that the City establish guidelines for the economic development revolving loan fund; NOW, THEREFORE, BE IT RESOLVED THAT THE E EC DEVELOPMENT AUTHORITY OF THE C ITY p Loan Fund Guidelines dated hereby adopts the attached Economic Develo Revolving July 2, 2002 Adopted in session of the Economic Development Authority of the day of , 2002. City of Shakopee, Minnesota, held this Y President ATTEST: Secretary CITY OF SHAKOPEE TO: Economic Development Authority Mark McNeil, EDA Executive Director Economic Development Advisory Committee FROM: Paul Snook, Economic Development Coordinators SUBJECT: Small Cities Development Program (SCDP) Update DATE: July 2, 2002 Enclosed is the June 2002 update on the Small Cities Development Program (SCDP) from the Carver County HRA. There continues to be significant response from property owners as a result of recent marketing efforts. In summary, the HRA reports the following SCDP funding activity: Amount % of Funds Amount Committed/ Committed/ Balance Max Avail per Funded Allocated Allocated Available Property or Unit Single Family Residential (goal: 30 units) $369,000 $345,195 93% $23,804 $19,000 Rental Residential (goal: 30 units) $121,500 $104,981 86% $16,519 $10,000 Commercial $251,250 $75,604 30% $175,646 $25,000 (goal: 15 units) TOTAL $741,750 $504,678 68% $237,072 Note: The numbers in parentheses next to the property types listed above indicate the "rehabbed property unit goals" by property type for Shakopee's SCDP program, set by the Minnesota Department of Trade and Economic Development. The program is being marketed one to two times per month to property owners in all three categories (not just commercial). This includes informational materials such as brochures and flyers, and staff follow -up with interested property owner / prospects to guide them through the application process at the HRA. There has been discussions with DTED about the possibility of transferring $100,000 from the commercial program to the single - family program. With the ad in the city's quarterly newsletter, we hope to have additional interest in the program. Potential applicants will be told that there is a possibility of additional funds becoming available. Amount Funded $369,000.00 Amount Committed $236,895.18 (closed on their loans) Amount Allocated $108,300.00 (have been approved) Balance Remaining $ 23,804.82 Applicants that have closed HRA Loan Number: 57 -02 -16 Household Composition: I Adult Loan Amount: $19,000 Gross Income: $26,561.00 Improvements: plumbing and electrical update, windows, and doors Market Value of the Property: $53,200 (assessed value) HRA Loan Number: Household Composition Loan Amount: Gross Income: Improvements: Market Value of the 57 -02 -21 I Adult, I Child $11,500 $36,400 replace stucco siding, plumbing and heating update and new windows $99,500 (assessed value) Monthly Rent: Improvements: Market Value of the Property: Commercial Rehabilitation Project Recap on the Program Any commercial property owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. Note: this boundary is the small area located in the core downtown area of the bigger Small Cities targeted area. Priority is given to owner occupied structures or where leases are currently in place. Building improvements must be directed toward correcting defects or deficiencies in the property affecting the aesthetics or the property safety, energy consumption, structural/mechamcal systems, habitability or handicapped accessibility of the property. Owners are eligible for 50% of the total commercial repair costs, -- with a maximum loan up to $25,000. The loan is a deferred loan for seven years; which is pro- rated in case of sale. Commercial Rehab Summary Three applicants have closed on their commercial loans and the work has been completed. One additional loan has closed this month in the amount of $21,762. Two applications have been returned to the HRA and are in the process of being approved. The combined amount requested is approximately $30,000. Amount Funded $251,250.00 closed on their loans) Amount Committed $45,603.98 ( pre-approved) Amount Allocated $30,000-00 ( have been p pp ) Balance Remaining $175,646.02 A p p1 i cants that have closed . HRA Loan Number NO NEW APPLICANTS TO REPORT - I Loan Amount: I �T- �. CITY OF SHAKOPEE Memorat dun, CASE LOG NO.: 02 - 057 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner 11 SUBJECT' Final Plat of prairie Village 7' Addition MEETING DATE: July 2, 2002 REVIEW PERIOD: May 8,2002 — September 5, 2002 Site Information Applicant: Orrin Thompson Homes pr ope �y O,vners: Orrin Thompson Homes of CSAH 17, west of Chester North of Valley View Road, east Location: Street and south of Alden Avenue Current Zoning: Urban Residential (R -IB) Zone North: Urban Residential (R -1B) Zone Adjacent Zoning: South: Rural Residential (RR1 Zone B Zone East: Urban Residential (R- 1B) Zone (AG) West: Agricultural Preservation Acres: 9.8 Acres No. of Dwelling Units: 24 Wetlands: None Park Dedication Acreage: None R -O -W Adjustment: 3.22 Acres Net Density: 3.65 units/acre The site is within the MUSA boundary- AXSA: IN TRODUCTION lication for final plat approval of Prairie Orrin Thompson Homes has made app Village 7 t1i Addition. The proposed develop and south of Alden (Exhibit Road, east of CSAH 17, west of Chester Street A). The development, as proposed, would consist of 24 single - family residential lots (Exhibit B). CONSIDERATIONS b the City Council on The Preliminary Plat for this development was a pproved Y roved August 21, 2001. The Final Plat is in substantial conformance with the app Preliminary Plat. City Engineering has provided a memorandum (Exhibit C), noting conditions that must be met if the final plat is to be approved. The Park and Recreation Advisory Board (DRAB) reviewed the final plat at its June 24 meeting and has directed Mark McQuillan,Dfor park purposesct the applicant to discuss the possibility of acquiring some property b Mr. McQuillan has also had some preliminary discussions o th Betea t Be a t those possibility of acquiring a small park site on their discussions are in progress, staff has carved forward the p s he nary curr adopted fee recommendation of accepting cash dedication, consistent schedule, to meet the park dedication requirements. diction languge will need to be The City Attorney has commented that the d lace court' d rat er than avenues and revised to include the dedication of roads, p way. ALTERNATIVES in the Final Plat of Prairie Village 7' 1. Approve Resolution No. 5751, approving Addition, subject to the conditions contained 71i Addition, t subjec d t to resolution- revised 2. Approve the Final Plat of Prairie V b conditions. 3. Do not approve the proposed Final Plat r Prairie and /or staff to provide 4. Table a decision in order to allow t ime for the applicant additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1, approval of the Final Plat, subject to the conditions listed in Resolution No. 5751. ACTION REQUESTED roving the Final Plat of Prairie Offer a motion approving Resolution No. 5751, app Village 7 Addition, subject to the conditions conta ed in the attached resolution, and move its approval. , J lie Klima lanner R g: \cc\ 2002 \07- 02\fpprairievillage7. doc • MU on . 11 WHEREAS, Orrin Thompson Homes, applicant and property owner, has made application for final plat of Prairie Village 7 Addition; and WHEREAS, the subject properties are legally described as: That part of the south fifty acres of the West Ha h Southwest rtherly of County Aid Road 79 Township 115, Range 22, Scott County, Minnesota (Valley View Road), County of Scott, State of Minnesota, EXCEPT therefrom the following described tracts: uthwest Quarter A strip one rod wide along the westerly bozinda o the S West thwest Quarter extending in starting at the northwest corner of the West H f f a southerly direction to a point where said one rod strip intersects the public highway. AND e North on the Beginning at the southwest corner of said Sect � d Road the South 73 degrees Section line 1395 feet to the center line of Coun 23 minutes East along the center line of said road or at land herei>�de�cribed��nce North tes to the right 714 feet to the Southwest corner of the parallel to the Section line 125 feet; thence East to �� s an %le 90 degrees he et to the center right 686.7feet to the 1116` line; thence South on t line of County Aid Road Naember 79; thence Northwesterly along the center line of said road about 960 feet to place of beginning; and WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on August 9, 2001; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to conditions; and WHEREAS, the City Council reviewed and approved the preliminary plat request at its meeting of August 21, 2001; and WHEREAS, the City Council reviewed the final plat request at its meeting of July 2, 2002. BEFORE, BE IT RESOLVED BY CITY COUNCIL OF NOW, SOTA, as follows: T C OF S OPEE, That the final plat of PRAIRIE VILLAGE 7 TH ADDITION is approved subject to the f ollowing conditions: I, The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. The Final Plat shall be shall be include provided between Lot modifications: 5 and 6, 6 1. 10 foot easements p and 7, 10 and 11, 16 and 17, Block 1. 2. The right -of -way radius for the Wilhelm Place cul -de -sac shall be a minimum 60 feet. 3. The angle of the intersection shall 90 degrees. lm Place, Wilhelm Court and Mathias R 4_ The Final Plat shall incorporate all engineering staff comments addressed with the Final Construction Plans concerning right - of -way and horizontal alignment. 5. The dedication language shall be revised to include the dedication of roads, place and court. C. Execution of a Developers Agreement, which shall include provisions for security for the public improvements and engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5_ The developer shall b e responsible for payment of Storm Water Trunk Charges, Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted on t e Final Plat and as approved by 6. Easements must be show the City Engineer. 7 No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. g_ Park dedication fees shall apply to this plat in the amount of $2,200.00 per unit, (total fees of $52,800.) and shall be paid at the time of recording of the final 9_ The developer shall dedicate 80 feet ofright -of- -way for Valley View Road and shall pay the required assessment(s) for roadway improvements to Valley View Road. II, Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Prior to construction of the public improvements, the Shakopee Public Utility Commission and the City Engineer must approve the Final Construction Plans and Specifications. THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of PRAIRIE VILLAGE 7 TH ADDITION does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2002. ATTEST: Mayor of the City of Shakopee City Clerk - Zoning Boundary Parcel Boundary 7 W E S WEST OUARTER CORNER OF SEC, 17, T, 115. R. 22 1 (FOUND 3/4 INCH IRON PIPE) PR VILLA 7T ADD _ I I A - 7r - A I [kiln lr\^ ^TD f'f'T a0 � � 60 � I I \ L_ L_ I 60 � � I 60 1 P V / \ \ I 7 / 40 60 / <= V _ 7 < I� ` n I L) I �- \ / I I I n T' I I - r- < ( n 71 r1 I T I /-\ N I V I rl LV A r1 f 1 I T I /1 I\ I L.L. / - \ \7 L_ �1 F CJ - \LVI I I\JI v =�1 = A 1 1_>I r - /11 n , \r_- �-r-1 o <; I s i 1 J . L_ V L. 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NO. 12294 Q PONDS A ° I ° 1 I I -�- _ J L _ -�- - _ ® DENOTES 1/2 INCH x 14 INCH IRON MONUMENT FOUND, AVENUE - - S. WAY MARKED BY R.L. NO. 12294. a SITE ° \ BEING 5 FEET IN WIDTH, UNLESS VALLEY \� I i ' OTHERWISE INDICATED, ADJOINING LOT BEARINGS ARE BASED ON THE EAST LINE OF THE SCALE IN FEET VIEW c , 3\ _ - _ - I LINES, AND BEING 10 FEET IN WIDTH, WEST HALF OF THE SOUTHWEST QUARTER OF 0 60 120 180 ROAD I_ _ _ _ _ _ J UNLESS OTHERWISE INDICATED. SECTION 17, TOWNSHIP, 115, R, 22. SCOTT ADJOINING RIGHT OF WAY LINES, AS COUNTY, MINNESOTA WHICH IS ASSUMED TO HAVE SEC. 17, T. 115 R. 22 SHOWN ON THE PLAT., A BEARING OF 500'06'18 "E. JAMES R. HILL, INC ° SHEET 2 OF 2 SHEETS t l�_Xk A4 k �� C City of Shakopee Memorandum TO: Julie Klima, Planner H FROM: Joe Swentek, Project Engineer SUBJECT: Final Plat — Prairie Village 7 "' Addition DATE: June 21, 2002 After reviewing the above referenced application, I have the following comments for the applicant and for the planning department: Recommendation I 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. The easements between lot 5 and lot 6 of block 1 shall be 10 -feet. 2. The easements between lot 6 and lot 7 of block 1 shall be 10 -feet. 3. The easements between lot 16 and lot 17 of block 1 shall be 10 -feet. 4. The easements between lot 10 and lot 11 of block 1 shall be 10 -feet. 5. The right -of -way radius for the Wilhelm Place cul -de -sac shall be a minimum 60- feet. 6. The angle of the intersection between Wilhem Place, Wilhelm Court and Mathias Road shall be 90- degrees. 7. The Final Plat shall incorporate all engineering staff comments addressed with the Final Construction Plans concerning right -of -way and horizontal alignment. 8. Execution of the Developer's Agreement, which shall include provisions for security for the public improvements within the Final Plat and engineering review fees. 9. Payment of the Trunk Storm Water Charges, the Trunk Sanitary Sewer Charges and other fees as required by the City's adopted Fee Schedule. 10. Easements must be shown on the Final Plat and as approved by the City Engineer. B. Prior to construction of the public improvements, the City Engineer and the Shakopee Public Utilities Commission must approve the Final Construction Plans and Specifications. lofl G :\JSwentek\ CUP. PlatReview .GradingPlanReview\Prairie. V illage.7th\Prairie. V illage.7th.FinalPlat.doc July 2, 2002 Developers X Land Investment 5 Property Managers Michael Leek City of Shakopee 129 South Holmes St Shakopee, MN 55104 Re: Muhlerhardt property - Time Extension Dear Michael- the I understand the City of Shakopee is requesting a time extension to act extension is to comprehensive land use amendment submitted from S P.U.Cyand the City of Savage, allow the City to gather some snore information this is a unique and MN. The information relates to water agreements time for d b0 days from July 2 nd , complex issue. I formally agree to extend period ossible, when the water 2002. I would request this item be placed on the earliest agenda p issues have been resolved.. Furthermore, I also understand that you will be taking over the effort to resolve the outstanding issues surrounding this comprehensive amend on I can provide. m I know what I can do help the process and if there is any other org and attend any meetings related to this issue. Tollefson Development looks forward to working with the City of Shakopee on the development of the highest and best use for this property. Sincerely, Matt w el roj ect Manager Tollefson Development 17271 I <enyon Ave., Suite #103 - Lakevile, MN 55044 - Phone (952) 435 -1010 - FAX (952) 435 -1020 Email - info@tollefsondevelopment.com www.tol lefsondevelopment -com CITY OF SHAKOPEE Memorandum CASE LOG NO.: 02 -23 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Tollefson Request to Re -guide Muhlenhardt Property MEETING DATE: July 2, 2002 REVIEW LINE: January 31, 2002 — July 2, 2002 City staf, Shakopee Public Utilities Commission (SPUC), and Savage city staff are continuing to meet together to discuss, with a next meeting scheduled for July 9, 2002. Hopefully these meetings will lead to the resolution of the issues regarding water service to the property, as well as water supply issues generally. The applicant has indicated that they are amenable to a further extension, but the written agreement was unavailable at the time of packet preparation. 1. Remove the item from the table, and offer and pass a motion to tale the item to a subsequent Council meeting. 2. Remove the item from the table, but adopt findings denying the requested amendment. / 1 Upon receipt of the applicant's written agreement to a review extension, Council is asked to take to following actions; 1. Remove the item from the table, and offer and pass a motion to tale the item to a subsequent Council meeting. R. Michael Leek Community Development Director CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 25 June, 2002 Subject: Shakopee School District Request for Waiving Ice Fee Increase INTRODUCTION John Anderson, Activities Director for the Shakopee High School, has submitted a request to have the City waive the $5 /hour ice rental fee increase for the 2002 -2003 hockey season. BACKGROUND Mr. Anderson has submitted a request to waive to the $5 increase in ice rental rates for the 2002 -2003 season. According to the attached letter, his primary reason for this request is because he did not receive written notification when the increase was approved by City Council in December 2001. Therefore, he did not budget for the additional expense (approximately $1,400 for the 2002 -2003 season). This year (as in past years), the approved fees were listed in the Ice Allocation Policy that is mailed with fall /winter ice request information. This process typically begins in late spring. Unfortunately, this process started after the School District's budgeting process. Although it is true Mr. Anderson did not receive prior written notification, I believe that I mentioned the increase during a conversation I had with him in December regarding implementing a reduced rental rate for daytime use. Also, Ed Louiselle, the High School Boy's coach, attended the October 22, 2001 Parks and Recreation Advisory Board meeting, at which time there was considerable discussion about increasing ice rental rates for 2002. Although staff proposed a $10 increase for 2002, the Advisory Board ultimately recommended to City Council a $5 increase, resulting in approximately $5,000 of additional revenue for the arena operation. DISCUSSION The last increase for resident groups was in 2000, which was also a $5 /hour increase. The proposed increase still keeps us below other local arenas. The following is a comparison of fall /winter ice rental rates for neighboring arenas: Shakopee: $135 /hour Eden Prairie $142.50 Dakotah! $140 Burnsville $145 Source: Minnesota Ice Arena Managers Association 2002 Survey Possible Options The Parks and Recreation Advisory Board discussed this issue at their May 24 meeting as an informational item. Although they recognized the Districts financial issues, the Advisory Board discussed the fact that the last increase was in 2000, and that operational costs have risen, while revenue has remained consistent over the past few years. Although the Advisory Board didn't take formal action, there was consensus that the fee increase should not be waived. However, should City Council want to consider options without formally waiving the fee increase, staff has identified two possibilities: Option 1: The first option that Council could consider would be to work with the arena advertising program. Currently, the arena operating budget provides for $5,000 of revenue from advertising through the cooperative advertising program with Shakopee Hockey Association. This program specifies that the City will be paid 25% of revenue from advertisements that the Association sells. However, if the Association fails to obtain commitments for enough advertising to ensure $5,000 worth of revenue to the City by June 30 the City has the option of selling available advertising spaces and retain all revenue. The Association has sold six of 45 advertisement locations since the agreement was signed in November of 2000. These six ads will result in approximately $1,000 of revenue. At this point, staff will need to assume a role in selling advertising to meet revenue projections. If Council wishes and the District agrees, you could direct staff to work with the District (once the City's advertising revenue projections are met) to identify business for additional advertising. Revenue generated through this effort could be applied toward the District's increased rental payment amount. However, there is no guarantee that adequate advertisements will be sold to meet the amount. Option 2: A second option would be to ask the District to commit volunteer time toward the arena operation, which could be applied to the District's increase in ice rental payment. For example, instead of using part-time staff, the City could ask for volunteer assistance with arena cleaning and upkeep during games and /or tournaments, and apply the staff cost savings toward the arena revenue. RECOMMENDATION recommend that Council not waive the fee increase. Should Council desire to implement one of the options proposed, I would recommend Option 1. REQUESTED ACTION Offer and pass a motion consistent with the Council's determination. Mark Themig Facilities and Recreation Director S June 6, 2002 Mr. Mark Themig Facilities and Recreation Director 1255 Fuller St. Shakopee, MN 55379 Dear Mark, John Anderson Activities Director Shakopee High School 200 10th Ave. E. Shakopee, MN 55379 Phone: (952)496 -5155 Fax: (952)496 -5192 As you suggested, I am writing this letter to formally request that the $5- per -hour increase in ice rental fees be waived for Shakopee High School's girls' and boys' hockey teams for the 2002 -03 hockey season. Since I did not receive any written notification of an increase during the school= district's budgeting process, I did not make a request to increase my budget for ice time. With the budget reductions that the school district has had to make, including a 5 reduction in the activities btidget for neat year, any increase in ice time costs will have a negative... - impact on the entire Activities Department's budget. If you would be so kind as to present this request to the City Council, I would be most appreciative. Sincerely, John Anderson Shakopee High School Activities Director The Shakopee Valley News I Activity fees could rise in schools rJ Activity fees could rise in schools Wednesday, June 12, 2002 By Nicole S. Colson, Staff Writer Page 1 of 2 Given a directive by the Shakopee School Board, district Activities Director John Anderson had to figure out how to cut 5 percent from his budget without eliminating co- curricular opportunities for students. Board members in April asked Anderson and his coaches to make sacrifices to help erase the largest budget deficit in school district history. At Monday's board meeting, Anderson proposed increasing ticket prices and activity fees to raise revenue and offset expenses for sports and fine -arts offerings. Schools across Shakopee's conference will be boosting admission for athletic events next year. Anderson is recommending that the board follow suit by increasing ticket prices from $4 to $5 for adults, and from $2 to $3 for students. "That puts us in line with other conferences in the metro area," Anderson said. Using a conservative estimate, Anderson calculates that the proposed increase in fees for games, plays and other regular - season events would bring in $17,750 in revenue. To generate an additional $23,000, Anderson advised the board to raise participation fees for all sports and activities at the junior and senior high schools. "This would come close to balancing the reductions I've been asked to make in the budget," he said. Superintendent Jon McBroom expressed his concerns over the recommended increases. Co- curricular activities play such a vital role in students' overall education, he said. "I don't want to see us losing opportunities for kids by having to charge more for them," McBroom said Tuesday. "We are hopeful that we will still be able to provide opportunities that students will be able to enjoy and afford." McBroom also noted that the board did not intend to hit any one area in cutting $890,000 from next year's budget. "We have attempted to make our response to the budget reduction as balanced as we can," he said. "And, the activities program taking its share is just part of that effort." Shakopee school officials first charged activity fees to students in 1982. For many years, the fee to participate in high school sports like baseball, football and wrestling was $55. That rate is now $65, and may jump to $90 next year if the board approves Anderson's recommendation. The activities director admitted that it seems like a big jump, but noted that part of the new fee would be used pay the salary of a strength and conditioning coach. Scott Savor started the strength- training program for students and staff at Shakopee High School last summer. Though he has since left that position, he recommended another person be hired to oversee training next year. The strength program was immensely popular with coaches and athletes, as well as staff and members of the community, Anderson said. A contingent of sophomores, juniors and seniors flocked to a January board meeting to make a public plea to save the program from budget cuts. The junior high athletic fees also may change in 2002 -03. Should the board approve the new rates, junior high students would be shelling out $50 to participate in sports — up from $40 this year. Activity fees for band, choir, drama, Math League and other secondary school activities also may increase from $25 to $30. htt // h k / i t ?A ti I ID 2640 &S ti ID 2 &S bS ti ID 2 6/13/02 The Shakopee Valley News I Activity fees could rise in schools Page 2 of 2 Though enrollment in Shakopee schools is skyrocketing, Anderson said he is planning for fewer students in sports and activities next year. Asked whether an increase in fees would discourage co- curricular participation, he admitted that some students who live on limited incomes might be deterred. However, he stressed that the schools have a policy stating that no student will be denied participation if they are unable to pay. Each year, the district waives as much as $1,500 to $2,000 in activity fees at the request of students with financial hardships. The board plans to take action on activity fees at its June 24 meeting. rrs'� as -isle wri-t b Content © 2002 Shakopee Valley News Software ©1998 -2002 1up! Software, All Rights Reserved htt // h k / i t ?A ti I ID 2640 &S ti ID 2 &S bS ti ID 2 6/13/02 N O O 0 cr a C 0 � °� o (j) (D cam 0 0 CD m !:2: y - ZT Q Q C (D R O �' • :v _ ,+ o c (D h v - W o CD W N O) Q I CD Q cr) l CD < r 1 Q � CD CO Q rn • �F fi.. > 0 V J AD b CA:) rn o� O ° r Q ry Q � r 03 � o I c�D C rn 41 o � R Ul (D - CO cr) C: 41 0 o N m 0 � m m o M m y D M 0 Z = m y m —m i fl m D M Z v -u ° D m D Z D D X m D r m D m m 7z m m Z ` < Z - 0 p D C r o ° D m Z � cn r O mz n y U) z z O C) Z 0 O Z O r D m z m i <m m CTI�� m Z CY) CTI -P W N —. C m K \PROJ \1181.50 \DWG \PRELJM \1181- 50.T1P1.DWG 10 el moo ZT`Z cnn f '. 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N36 0 ,3 3' 42 i 25.16 L B UILDING SETBACK LJNE N38 °40 51'E ` 33.37 ` - - -_ � ' -- -South line of the SE 114 of the N89 ° 30'38 "E 780 33 I SW 114 Sec. 8, T 115, R. 22 I - - -�- �- - - - - - K V - Q D - rr �� 2 m �mC:00 z =>C' -A O I 00 0 Q CO) �_• 0 O m COO o XCN ITV z m zm z Z Z m m � z OOF (�D D "S <Nmo M 5 z-9 - X _ - 3 N m O co r- ^r ((A D OZD � O N m m ;U N (n O Z Z O Z OD OoK D� z vz zm -off 0 V1 0 Z © z m r U L n < m < = D i (D P Ln r D W m r L4 w M( (71 c� zmz IV .p a cn o U1 cG O � - 4 n o m K r ., 1 X CJ1 O �� a z oo� N -P m I I rcn Dm� O!Q - 0 -�1 O) N Z D �1 -1D M --11 v, = o �0 D m o ° TOLLEFSON DEVELOPMENT Z r , INC John Oliver & A ssoc i a t es, ereby certify that this plan was 04 /04/02 REV c ates Inc. /roc DATE. M BURNSVILLE, MINNESOTA prepared by me or under my direct in Lad Planning N0. DATE DESCRIPTION -I Civil Engineering, Land Surveying, nannng N z supervision and that I am a duly DESIGN BY: JWD 1 6/19/02 ROAD AND SETBACK WIDTHS 201 W. 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BURNSVILLE, MN Civil Engineering, Land Surveying, Land Planning - � supervision and that I am a duly DESIGN BY: JWD 1 06/21/02 STREET WIDTHS, ADDED BERM ON NORTH o the laws of Engineer DRAWN BY: JWD 0 Tr av elers Z suite zoo CHECKED BY: JCB SHAKOPEE, MN (9 52)894 -3045 (FAX)894 -3049 DWG FILE: 1 181 -50G1 P1 PRELIMINARY GRADING, DRAINAGE, Of in: Elk River, Burnsville Signed: :� ll �� TEXT FILE: - and Brooklyn Center, Minnesota 11 8t EROSION CONTROL PLAN Date: 06/21 /02 Reg. No 25942 FILE NO.: 1 1 81 - 50 - 03 S:\SDSK\PROJ\1181-50\DWG\PREUM\1181-5OGlPl.DWG ti 0 0 M D S ++ 0 O W W a) w O W O 0 00 2 2 2 2 2 2 2 2 2 2 2 2 2 0� 0� 0 T+ 0 K 3 0 K� A 3 Z Z Z Z Z Z 0 K m� O m � O -Ai i i i i t0 W J 0 0 -P w N i � � Z W NO CU S 0 2 m= 0 2 2 m r r r 2 2 W 2 r r r v 2 n M r Z z r. K Z 4 C W N O C { i Q (A GI N N N N N N N N N N i -+ i i 00 2 2 r r S S r S K I M I SZ! 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DATE DESCRIPTION M BURNSVILLE, MN Civil Engineering, Land Surveying, Land Planning supervision and that I am a duly DESIGN BY: JWD 1 06/21/02 STREET WIDTHS o the laws of to E of IMinnesotta.r DRAWN B Y: J 0 BRITTANY VILLAGE 5TH ADDITION Burnsville,�MNr553371 suite 200 CHECKED BY: JCB SH AK OPEE, MN (9 52)894 -3045 (FAX)894 -3049 DWG FILE: 1181 -50A1 P1 (7) [ 0=dices in: Elk River, Burnsville Signed: TEXT FILE: - PRELIMINARY STREETS AND UTILITIES PLAN Brooklyn Center, Minnesota - Date: 06 21 02 Reg. No 25942 FILE NO.: 1181-50-03 S: \SDSK \PROJ \1181.50 \DWG \PRELIM \1181 -50U1 P1. 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I hereby certify that this plan was REV 171 John Oliver & Associates, Inc. DATE: 6/21/02 DATE DESCRIPTION No. BURNSVILLE, MN Civil Engineering, Land Surveying, Land Planning supervision and that I am a duly DESIGN BY: JWD 1 6/21/02 ADDED TRAIL, SHELTER, 13-13 COURT, MORE PINE TREES Lice ° 201 W. Travelers Trail, Suite 200 BRITTANY VILLAGE 5TH A DDITION u the l aws of EoflMinnesota.r DRAWN BY: JWD B MN 55337 CHECKED BY: JCB (952)894 -3045 (FAX)894 -3049 DWG FILE: 1 181 -50G 1 P 1 (7) Offices in: Elk River, Burnsville Signed: - � ��Pir� TEXT FILE: - PRELIMINARY LANDSCAPE PLAN and Brooklyn Center, Minnesota FILE NO.: 1181-50-03 Date: 6/21 /02 Reg. No. 25942 S: \SDSK \PROJ\ 1181.50 \DWG \PRELIM \1181 -5OL1 P1.D WG j CITY OF SHAKOPEE Memorandum CASE NO.: 02 -052 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Waiver of Minor Subdivision Criteria — Mark Cemensky DATE: July 2, 2002 Mark Cemensky owns the property known as 1002 3 rd Ave. E. in Shakopee (Exhibit A). The property presently consists of portions of Lot 1 and Lot 2, Block 34, East Shakopee, and a portion of the previously vacated Shawmut Street and adjacent alley, on which the applicant wishes to construct a twin home. The applicant would like to split the property into two (2) lots consistent with the floor plans for each of the building spaces (Exhibit B). For this to occur, he is requesting a waiver of the minor subdivision criteria to allow a minor subdivision that would create one (1) lot that would not comply with the required lot width, and both lots having lot depths and lot setbacks that would not comply with the minimum requirements established in the Zoning Ordinance (City Code Chapter 11). L; • tl ' 1 1 The property in question is zoned Old Shakopee Residential (R -1C) Zone. The R -1C Zone allows single family detached and attached dwellings, and two (2) family dwellings, and requires lots to have a minimum 60 feet in width, 100 feet in depth and a minimum 30 foot rear yard setback. Staff has been working with the applicant to minimize the waiver of criteria requests. The north lot proposed by Mr. Cemensky would have a lot width of 38 feet, and would be 62.35 feet in depth, whereas the south lot would be 79.64 feet in depth. Due to the configuration of the structure, he also is asking for a zero (0) foot setback for that side of the structure that has a common wall. The applicant has provided a two (2) space parking pad for each unit which will provide the required parking spaces. Future property owners may wish to construct garages, which depending on the size and location, may require a variance of a setback requirement. The Building Official provided a comment that separate sewer and water services shall be provided. Shakopee Public Utilities has commented that there is no known existing water service to this site. The nearest water main is located on the south side of 3` Avenue center line. City Engineering has provided comments, noting that connections to the sanitary sewer, storm sewer and water main services are required. Additionally, they have stipulated that the city retain an easement along the west property line for at least the sanitary sewer. If the property owner is granted his request, he will then proceed with the minor subdivision review process. Should Council approve the waiver, staff recommends that it be subject to the following conditions: 1. The structure is to be designed to ensure compliance with all setback requirements, with the exception of the zero (0) foot set back for the common wall. 2. Separate sanitary sewer, storm sewer and water services shall be provided. 3. Preserve the row of pine trees along the west property line, as specified in Section 1 1.60, Subd. 9 (A) of the Zoning Ordinance. 4. Submit a new survey with easement and sanitary sewer /water service information shown. 5. Provide driveways that comply with the city requirements. 1) Approve the requested waiver of minor subdivision criteria. 2) Approve the waiver of minor subdivision criteria, subject to the conditions noted by staff. 3) Do not approve the waiver of minor subdivision criteria. 4) Table the matter for additional information. Offer a motion consistent with the Council's wishes. If Council approves the waiver of minor subdivision criteria, it should be subject to the conditions noted by staff. 5 Mark Nobl Planner I Attachments G: \Cc\2002 \07 -02 \cemensky minsub.doc (27- 004164 -0) M IT m H SHAKOPEE w E C 24UHII F=FSNCE1W e Thursday, June 13, 2002 3:41 PM Mark Cemensky 651- 683 -6724 o Denotes iron monument sec, see note • Denotes iron monument found ' Denotes concrete surface Denotes spot elevation 00 ;0 Denotes pine tree and size NOTE �oQERTY ( - D ,S '.`4 LONG IPnN Mf)NUMFNT AND 1OFNTIFICA1 tt.;N DIRC ikCTUAL SIM SET AT ut -01HI5 IN01CA TED MUM ter; AM SUPVFYOA . rDu5 PARCEL A DESCRIPTION x. SCALE IN FEET O 10 20 00 so ao All that part of Lots 1 and 2, Block 34, ::illiam, Stoddard and Pierson's plat of East Shakopee, and ad;cininc vacated Shavmut Street, described as follows_ Beginning at the southwesterly corner of said Block 34; :hence South 79 degrees 55 minutes 00 seconds west, assumed basis for bearings, along the southwesterly extension of the southerly line of said Block 34, a distance of 30.OD feet to the centerline of said Shawmut Street; thence North 10 degrees 26 minutes 11 seconds West, along said centerline, 79.64 feet; thence North 79 degrees 33 minutes 49 seconds East 93.85 feet to the vest line of PURRIES °S 2ND ADDITION; thence South 0 degrees 22 minutes 15 seconds East, alona said west line, 81.38 feet to the southerly line of said Block 34; thence South 79 degrees 55 minutes OD seconds West, along said southerly line, 49.63 feet to the point of beginning. Containing 6931 square feet / 0.15911 acres. Subject to a retained easement for public utilities in vacated Shavmut Street. PARCEL 3 DESCRIPTIO.; All that part of Lots 1 and 2, Block 34, William, Stoddard and Pierson's plat of East Shakopee, adjoininc vacated Shavmut Street and adjoining vacated alley in said Block 34, described as follows: Commencing at the southwesterly corner of said Block 39; thence South 79 degrees 55 minutes 00 seconds :Jest, assumed basis for bearings, along the southwesterly extension of the southerly line of said Block 34, a distance of 30.00 feet to the centerline Of said Shavmut Street; thence North 10 decrees 26 minutes 11 seconds West, along said centerline, 79.64 feet to the point of beginning; thence North 10 degrees 26 minutes 11 seconds West, along said centerline, 62.35 feet; thence North 79 degrees 55 minutes 00 seconds East 30 -00 feet to the northwest corner of said Lot 1; thence North 10 degree=_ 26 minutes 11 seconds West, along the easterly line of Shavmut Street, c.vl fee*_ to the centerline of said vacated alley_; thence North 79 ?eorees 55 minutes 00 seconds East, alorc said centerline, 76.23 feet to the vest line of FURRIES'S 29D ADDITION; thence South 0 decrees 22 minutes 15 seconds - alonc said test "ne, 7C.7z feet; thence South 79 deqrees =_ r..inures =5 seconds West feet to the point of beginninc. Containina E757 square feet i ;7.15535 acres. Subject to a retained easement _cr ----__ties _r . -___ -_ Shawmut Street and - .__aced allev. .... (it I { RJI V! t \N1) "URVFYIN ]Nl'. -- - -- ib. 02'. CITY OF SHAKOPEE Memorandum CASE NO.: 02 -044 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Preliminary Plat and Variance Request of Brittany Village 5th Addition MEETING DATE: July 2, 2002 INTRODUCTION: Tollefson Development, Inc. has made application for preliminary plat approval of Brittany Village 5 Addition, located north of Dublin Lane, east of Brittany Court and south of Hwy. 169 (see Exhibit A). The subject property is zoned R -2 Medium Density Residential Zone. The proposed plat is approximately 21.4 acres in area, and the development would consist of 115 townhouse residential structures, ranging from two (2) to six (6) units per building. The proposed net density would be approximately 6.53 units per acre, which is consistent with the R -2 Zone regulations (maximum of 8 units per acre). As part of the preliminary plat application, the applicant has also requested approval of 25 foot front yard setbacks, where 35 feet is the minimum requirement in the R -2 Zone. CONSIDERATIONS: On June 18, 2002, the Council reviewed this application and recommended denial of the setback variance request, and recommended that the preliminary plat be brought back to them at a future date. Staff attempted to provide the developer direction of the Council's intent on this project. The applicant submitted the attached revised drawings for the Council's review. Planning staff reviewed the plans with the City Attorney, and it was determined that it was not required that the plat be brought back to the Planning Commission for additional review. The applicant has revised the plat by narrowing the street right -of -way to 55 feet for Street A and Street B, and by narrowing the street width from 36 feet to 32 feet (back -of- curb) for those same 2 streets. This modification has allowed them to provide front yard setbacks of 27.5 feet and 30 feet for Streets A and B, but that those lots fronting on Downing would still have 25 -foot setbacks. This will provide setbacks from the building face to the street curb equal to 39 feet, 41.5 feet and 36.5 feet, respectively. The Natural Resources Director and the Park and Recreation Advisory Board have reviewed the request and recommend that the developer provide cash in lieu of park dedication (see attached memorandum). Cash contributions should be made in the amount of $1,900.00 per unit. The developer has submitted a written request (see attached letter) to have this fee deferred to the time of building permit application. The developer has proposed an eight (8) foot wide wood chip trail leading to a proposed basketball court and shelter along the north property line. The developer has also provided a revised landscape plan which shows 153 trees and 12 shrubs. The minimum requirement for this development is 210 landscape units, with more than 50% of those required units to be trees that are to be installed consistent with the landscape requirements. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this project on May 23, 2002, and by a 4 -2 vote, recommended that the City Council approve the preliminary plat of Brittany Village Stn Addition, with conditions as addressed in the draft resolution. The Commission had a 3 -3 vote on the variance request, therefore, no recommendation on the variance request has been forwarded to the Council. A condition of the preliminary plat recommendation is that development of the site shall be consistent with the approved CUP for the property, and up to a ten -foot variance to allow a twenty -five foot front yard setback instead of the required thirty -five feet is granted for those lots depicted on the approved CUP plan with such setbacks. A copy of the Planning Commission staff report on the preliminary plat, as well as the CUP staff reports, are attached for the Council's information. As directed by the City Council at their June 18, 2002 meeting, staff has drafted a resolution for denial of the variance request. That draft resolution is attached for the Council's information. The following are alternatives concerning the preliminary plat and variance requests. PRELIMINARY PLAT ALTERNATIVES: 1. Approve the revised preliminary plat and direct staff to prepare a resolution. 2. Do not approve the revised preliminary plat. 3. Direct staff to bring the revised preliminary plat before the Planning Commission at their July 11, 2002 meeting. 4. Table action and request additional information from staff and/or the applicant. PRELIMINARY PLAT ACTION REQUESTED: Offer a motion consistent with the Council's wishes. VARIANCE ALTERNATIVES: 1. Approve Resolution No. 5748, denial of setback variances for Brittany Village 5th Addition. 2. Do not approve Resolution No. 5748, denial of setback variances for Brittany Village 5' Addition. 3. Table the action and request additional information from staff and/or the applicant. VARIANCE ACTION REQUESTED: Offer a motion consistent with the Council's wishes. ark Noble Planner I g: \CC\2002 \07- 02 \brtv1g5pp.doc (02 -044) WHEREAS, Tollefson Development, Inc., applicant and property owner, has made application for preliminary plat approval of Brittany Village 5�' Addition; and WHEREAS, the property is zoned R -2 Medium Density Residential Zone; and WHEREAS, Tollefson Development, Inc. has also made application for a variance of the front yard setback requirement of Brittany Village 5"' Addition; and WHEREAS, the subject properties are legally described as found on Exhibit A, attached; and WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on May 23, 2002; and WHEREAS, the Shakopee Planning Commission discussed the variance request on May 23, 2002; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission forwarded no recommendation to the City Council regarding the variance request; and WHEREAS, the City Council reviewed the preliminary plat and variance requests at its meeting of June 18, 2002. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the variance request of Tollefson Development, Inc. is denied, and that in doing so, the Council adopts the following findings with respect to the requested variance and applicable ordinance criteria: Finding I.A.; The property could be put to a reasonable use for the development of multiple - family residences if used under conditions allowed by the official controls. Finding I.B.; The plight of the landowner is not due to circumstances unique to the property. Rather; the circumstances are due to the developer's proposed plat of the property. Finding 1.C; The circumstances were created by the landowner. The property could be platted in a manner that would allow for the structures to comply with the setback requirements. Finding I.D.; The variance, if granted, would not alter the essential character of the locality. Finding I.E.; The problems do not extend beyond economic circumstances. Finding 2.; The proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) in that it would allow the development of multiple family residences consistent with the neighborhood. Finding 3.; The request is not a request for use variance. Finding 4.; The nature and magnitude of the requested variances does not require the imposition of additional conditions. Finding S.; Not applicable since the property is not within the flood plain overlay zone. BE IT FURTHER RESOLVED, that the following variance is hereby denied: A variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.32, Subd. 5 to allow a front yard setback variance of up to ten (10) feet to allow a front yard setback of twenty -five (25) feet instead of the required thirty-five (35) feet for BRITTANY VILLAGE 5' ADDITION. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2002. Mayor of the City of Shakopee ATTEST: Proposed Preliminary Plat for Brittany Village 5th Addition. Zoning Boundary Parcel Boundary • •• •' /' To: Parks and Recreation Advisory Board From: Mark J. McQuillan, Natural Resources Director Subject: Plan Review of Brittany 5th Addition Date: June 4, 2002 Re: Preliminary Plat for Brittany 5 th Addition PID- 27327067 -0 INTRODUCTION The Planning Commission approved the preliminary plat for the Brittany 5' Addition at its May 23, 2002 meeting. However, prior to final plat approval, the Planning Commission would like to have a recommendation from the Parks and Recreation Advisory Board. Final plat approval is slated to be on the June 18, 2002 City Council Meeting. If you recall, the PRAB tabled this item at the May 28, 2002 meeting. Therefore, staff is asking Advisory Board members for comments via e -mail or fax. PLAT DESCRIPTION Toliefson Development, Inc. has made application for preliminary plat approval of the Brittany Village 5` Addition. The applicant proposes to develop the property located north of Dublin Lane, east of Brittany Court and south of Highway 169. A site map and plat plan is included with to your May 28, 2002 Parks and Recreation Board Packet. The development will consist of townhouse buildings ranging from four to six units per building, with a total of 115 units. The site is approximately 21.4 acres, with a proposed density of 6.53 units per acre. Along the north corridor is an NSP easement with high voltage lines. The developer is restricted from building within the easement, but the applicant could use this area for recreational purposes. This would not be a public area. The developer plans to install a been and vegetation along the highway. STAFF RECOMMENDATIONS Staff recommends cash in lieu of parkland. The cash contribution shall be in the amount of $2,200.00 per unit. As development moves east of Brittany 5 Addition and north of 17 Avenue, the City will require a neighborhood park. ACTION REQUIRE Do you agree or disagree with staff s recommendation, and do you have other comments to include into the report? Based on the responses I received, the PRAB concurs with staffs recommendation to accept cash in lieu of parkland. Although Lot 47 Block 1 is not public land, perhaps, along with the requirement of having an association, the final plat could include specific language on berming, noise reduction, landscaping to plan for full advantage of its potential use by Brittany 5th residents. The Council may wish to discuss the timing of park dedication payment. There has been talk at the Commission level of receiving payment earlier than when building permits are issued. Mark McQuillan Natural Resources Director June 13, 2002 City of Shakopee Attn. Mark Noble 129 South Holmes Street Shakopee, MN 55379 -1351 RE: Park Fees Brittany Village 5 11 ' Dear Mark, The City Counsel passed the Final Plat resolution based on the Park fees being paid at the time of recording the Plat. Tollefson Development, Tne, is requesting that the Park fees to be paid at the time the Building Permits are applied for, Tollefson Development, Inc. woW4 like to have a resolution brought to the City Council on June 18, 2002 that would allow for this change. Sincerely, F 0 --7 Crary Wo11sh1ager Vice President, Tollefson Development, Inc. 17271 Kenyon Ave., Suite #103 - Lal(evile, MN 55044 - Phone (952) 435 -1010 - FAX (952) 435 -1020 Email - info@toilefsondevelopment,com www.tollefsondevelopment.com Developers 0 Land Investment N Property Managers CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Preliminary Plat of Brittany Village 5 Addition MEETING DATE: May 23, 2002 1 •' a' Applicant: Tollefson Development, Inc. Location: South of STH 169; north of Dublin Lane; east of Brittany Court Current Zoning: Medium Density Residential (R -2) Zone Adjacent Zoning: North: Hwy. 169 South: Medium Density Residential (R -2) Zone East: Agricultural Preservation (AG) Zone West: Planned Residential (PRD) District 1995 Comp. Plan: Medium Density Residential 2000 Comp. Plan: Planned Residential MUSA: This site is within the current MUSA boundary. Area: 21.4 Acres Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat Plan Exhibit C: MnDOT Letter Exhibit D: City Engineering Memorandum INTRODUCTION: Tollefson Development, Inc. has made application for preliminary plat approval of Brittany Village 5th Addition. The applicant proposes to development the property located North of Dublin Lane, East of Brittany Court and South of Hwy. 169 (see Exhibit A). The development will consist of townhouse buildings ranging from two (2) to six (6) units per building, with a total of 115 units proposed (see Exhibit B). The site is approximately 21.4 acres, with a proposed density of 6.53 units /acre. CONSIDERATIONS: The subject property was recently rezoned to Medium Density Residential (R -2) Zone by the City Council. The R -2 Zone stipulates that the development density should be a minim of five and one -tenth (5.01) and a maximum of eight (8) dwellings per acre. The development as proposed appears to be consistent with the density requirements for the R -2 Zone. The streets are shown as 36 feet wide, with a sidewalk proposed for one side of each street. The proposed plans show front yard setbacks varying between 25 feet and 60 feet (majority at 25 feet), where 35 feet is the minimum set back requirement. Review of the preliminary plat should not occur unless and until a determination is made on the CUP application, as well as until an application has been submitted and approved regarding the front yard setback variance. The Board of Adjustment will be reviewing a Conditional Use Permit (CUP) application for multiple family dwellings containing up to six (6) units at the May 23, 2002 meeting. The review and approval of the Conditional Use Permit may still occur; however, the applicant will need to secure approval of a variance in order to develop this property as proposed. If the variance is denied, the applicant will have to revise the layout of the development, which may have an affect on the CUP approval. The City Clerk commented that park dedication should be addressed, that desired noise mitigation should occur abutting Hwy. 169, and that there will be a substantial number of housing units with only one access. Staff anticipates that additional development will occur to the east, and will eventually provide a connection to 17 Avenue. The developer has not proposed the dedication of parkland as part of this plat. Therefore, park dedication fees shall apply to this plat. The current fee is $1,900.00 per unit, for a total park dedication payment of $218,500.00 if approved as proposed. The developer has verbally requested that park dedication fees be deferred until the time of building permit issuance. This request will need to be made in writing prior to the City Council review of the preliminary plat. The applicant has submitted a landscaping plan. City Code Sec. 11.60, Subd. 8, Landscaping Requirements, requires for residential developments over 6 units in size that at least 15% of the "lot" shall be landscaped. For this site, that would equal about 3.21 acres. Although the site does provide more than 3.21 acres of potential landscape area, the developer needs to show that this requirement is in compliance. The applicant has proposed approximately 80 over story and ornamental trees, 24 coniferous trees and 12 shrubs. Based on the proposed gross floor area for this development, staff has projected that 210 trees and shrubs that comply with the Zoning Ordinance requirements will be required. Review of the performance standards, which include landscaping and screening requirements, and the district standards will be addressed at the time of building permit submittal to ensure compliance with the requirements. Shakopee Public Utilities provided comments pertaining to water, electric and street lighting. Additionally, they will require the applicant to extend the water main between units #15 and #16 in Block 4 for connection to the south. They suggest that the applicant reconfigure units #11 through #15 by moving them west to enlarge the opening between units #15 and #16. This is required for looping purposes and to meet north to south flow requirements. These comments have been incorporated into the draft resolution. The Building Official has commented that temporary street identification signs will be required. This issue will be addressed in the draft resolution as well. Reliant Energy Minnegasco has commented that the plat should be changed to reflect Reliant Energy Minnegasco easement per document # 234141, and that the footprint of the proposed homes should be at least ten (10) feet from the easement boundary to meet the FHA/VA guidelines. The Minnesota Department of Transportation has submitted a letter, addressing several issues that must be complied with accordingly (Exhibit C). These comments have been incorporated into the draft resolution. City Engineering has submitted a memorandum addressing several issues (Exhibit D). Those comments pertain to the parcel of land located between proposed Brittany Village 5th Addition and Dublin Square, easements that need to be provided on the final plat, site grading, storm water calculations and the establishment of bench mark system. There appears to be a strip of land between Dublin Square and Brittany Village 5 Addition that has been left out of both of these plats. The City and developer should work together to ensure that this strip of land is included into this plat, as it remaining an undeveloped piece of land is not desirable. Those comments have been incorporated into the draft resolution. The City Attorney commented that there should be a homeowner's association that will own and maintain Lot 47, Block 1. Additionally, the City Attorney's office has commented that as with the Brittany Village 4 th Addition plat, there exists a "cartway" along the south line of this development and the north line of the adjacent Dublin Square development. The city should obtain a title commitment for the cartway, at the city's cost. If the city owns the land in fee, it should negotiate with the developer for a price to sell the land and have it added to the plat. If the city only has an easement, then the developer will have to get the title from the owner of the underlying fee in order to have it incorporated in the plat. This issue will need to be resolved prior to the recording of the final plat, if this project is approved. ALTERNATIVES: 1. Recommend approval of the preliminary plat of Brittany Village 5 th Addition, subject to conditions as outlined below: I. Review of the preliminary plat should not occur unless and until a determination is made on the CUP application. II. Development of the site shall be consistent with the approved CUP for the property. III. The preliminary plat application shall not be reviewed by the City Council until such time as an application has been submitted and approved regarding the front yard setback variance. IV. The following procedural actions must be completed prior to the City Council review of the Final Plat: A. Final grading plans shall be revised to comply with Section 11.60, Subdivision 7, regarding berming. B. Provide names for all streets. C. Provide easements as approved by the City Engineer. D. No site grading will be allowed until preliminary plan and profile sheets for street and utility work have been submitted and approved by the City Engineer. E. Storm water calculations shall be submitted before any construction is allowed. F. Prior to construction, surveyor's bench loop notes shall be submitted showing the bench marks for this site have been established using the City of Shakopee's approved benchmark system. G. Extend the water main between units #15 and #16 in Block 4 for connection to the south. The applicant should reconfigure units #11 through #15 by moving them west to enlarge the opening between units #15 and #16. This is required for looping purposes and to meet north to south flow requirements. H. The proposed development will need to maintain existing drainage rates. Before /after hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right -of- way will be perpetuated. V. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement, which shall include provisions for security for the public improvements and engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Storm Water Trunk Charges, Storm Water Ponding Charges, and Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted Fee Schedule. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. 7. Park dedication fees shall apply to this plat in the amount of $1,900.00 per unit. 8. The plat should be changed to reflect Reliant Energy Minnegasco easement per document # 234141, and that the foot print of the proposed homes should be at least ten (10) feet from the easement boundary to meet the FHANA guidelines. C. The landscape plan shall be revised to comply with the ordinance requirements for size and number of plantings. D. The parcel of land between Dublin Square and Brittany Village 5 th Addition shall be included in the Final Plat drawing. VI. Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Prior to construction of the public improvements, the Shakopee Public Utility Commission and the City Engineer must approve the Final Construction Plans and Specifications. C. The City shall require a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping material to insure completion of the landscaping. D. Temporary street signs are required to be displayed. E. Any required sound mitigation on this site shall be the responsibility of the developer and their assigns. F. There shall be a homeowner's association that will own and maintain Lot 47, Block 1. G. Any use of or work within MnDOT right -of -way requires a permit, including a drainage permit. 2. Recommend approval of the preliminary plat of Brittany Village 5 th Addition, subject to revised conditions. 3. Deny the Preliminary Plat. 4. Continue the public hearing to allow time for additional information to be brought forward. 5. Close the public hearing, but table action and request additional information from staff and/or the applicant. 6. Table the request until such time as an application has been submitted and approved regarding the front yard setback variance. RECOMMENDATION: Planning staff recommends alternative no. 6, table the request until such time as an application has been submitted and approved regarding the front yard setback variance. ACTION REQUESTED: Offer a motion consistent with the Commissions wishes. Mark Noble Planner I g:\ boaa- pc\2002 \05023ppbritnyvil-e5th.doc (02 -044) CITY OF SHAKOPEE Memorandum . CASE #: 02 -045 TO: Board of Adjustment and Appeals FROM: Mark Noble, Planner I SUBJECT: CUP Request of Tollefson Development, Inc. to allow Multiple Family Dwellings Containing up to Six (6) Units in a Medium Density Residential (R -2) Zone MEETING DATE: May 23, 2002 • a •' Applicant: Tollefson Development, Inc. Owner: Tollefson Development, Inc. Location: North of Dublin Lane, east of Brittany Court, South of STH 169 Current Zoning: Medium Density Residential (R -2) Zone Adjacent Zoning: North: Hwy. 169 South: Medium Density Residential (R -2) Zone East: Agricultural Preservation (AG) Zone West: Planned Residential (PRD) District 1995 Comp. Plan: Medium Density Residential 2000 Comp. Plan: Planned Residential MUSA: This site is within the current MUSA boundary. Area: 21.4 Acres Attachments: Exhibit A: Zoning/Location Map Exhibit B: Proposed Site Plans INTRODUCTION: The applicant proposes to develop the property located North of Dublin Lane, East of Brittany Court and South of Hwy. 169 (see Exhibit A). The development would consist of townhouse buildings ranging from two (2) to six (6) units per building, with a total of 115 units proposed (see Exhibit B). The site is approximately 21.4 acres, with a proposed net density of 6.53 units /acre. CONSIDERATIONS: The property was recently rezoned to Medium Density Residential (R -2) Zone. Multiple - family dwellings containing up to six (6) units are permitted with a Conditional Use Permit, provided the development complies with the standards contained in Section 11.86, Subd. 2, W., which are as follows: 1. shall have a minimum lot size of 24, 000 square feet; 2. shall screen parking facilities to a minim height of three (3) feet; 3. the structure shall be of an architectural style which is compatible with any adjacent residential use; and 4. shall landscape all structures and parking facilities. The R -2 Zone stipulates that the development density should be a minimum of five and one -tenth (5.01) and a maximum of eight (8) dwellings per acre. The development as proposed appears to be consistent with the density requirements for the R -2 Zone. The streets are shown as 36 feet wide, with a sidewalk proposed for one side of each street. The proposed plans show front yard setbacks varying between 25 feet and 60 feet (majority at 25 feet), where 35 feet is the minimum set back requirement. The review and approval of the Conditional Use Permit may still occur; however, the applicant will need to secure approval of a variance in order to develop this property as proposed. If the variance is denied, the applicant will have to revise the layout of the development, which may have an affect on the CUP approval. The applicant has also submitted a preliminary plat for Brittany Village 5 th Addition, which the Planning Commission will be reviewing at the May 23, 2002 meeting. Review of the preliminary plat should not occur unless and until a determination is made on the CUP application, as well as until an application has been submitted and approved regarding the front yard setback variance. Section 11.60 of the Zoning Ordinance requires that a four (4) foot berm with overstory and/or coniferous landscaping units be provided when a residential development abuts an arterial roadway (in this case, Hwy. 169). The submitted grading plan does not provide the required berm and plantings. In discussions with the developer, staff has been informed that there is room on the north side of the Xcel Energy and Reliant Energy Minnegasco easements to install the required berm and landscaping. Final grading plans shall be revised to comply with Section 11.60 requirements. Additionally, consistent with staff's position on similar type developments along the Hwy. 169 corridor, any required sound mitigation on this site shall be the responsibility of the developer and their assigns. It is staff's recommendation that a noise study be submitted prior to review of the preliminary plat by the City Council. Staff discussed with the developer plans for a play area for children, which the developer noted the area between the units in Block 2 and Block 3, as well as the area located north of the Xcel and Reliant easements could be available as open space /play area. Staff recommends that if the Board requires a play area north of the easements, that a detailed plan defining the trail system and the designated play area be provided. City Code Sec. 11 .60, Subd. 8, Landscaping Requirements, requires for residential developments over 6 units in size that at least 15% of the "lot" shall be landscaped. For this site, that would equal about 3.21 acres. Although the site does provide more than 3.21 acres of potential landscape area, the developer needs to show that this requirement is in compliance. The applicant has submitted a landscape plan that shows 80 overstory and ornamental trees, 24 coniferous trees and 12 shrubs. Based on the proposed gross floor area for this development, staff has projected that 210 trees and shrubs that comply with the Zoning Ordinance requirements will be required. Review of the performance standards, which include landscaping and screening requirements, and the district standards will be addressed at the time of building permit submittal to ensure compliance with the requirements. The City shall require submittal of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. The City Clerk commented that park dedication should be addressed, that desired noise mitigation should occur abutting Hwy. 169, and that there will be a substantial number of housing units with only one access. Staff anticipates that additional development will occur to the east, and will eventually provide a connection to 17 Avenue. The developer has not provided any land for parkland dedication, nor overflow parking for visitors. The developer has verbally requested that park dedication fees be deferred until the time of building permit submittals. This request will need to be made in writing prior to the City Council review of the preliminary plat. Shakopee Public Utilities provided comments pertaining to water, electric and street lighting. These issues will be addressed in the preliminary plat resolution. The Building Official has commented that temporary street identification signs will be required. This issue will be addressed in the preliminary plat resolution as well. As with the Brittany Village 4 th Addition plat, there exists a "cartway" along the south line of this development and the north line of the adjacent Dublin Square development. The city should obtain a title commitment for the cartway, at the city's cost. If the city owns the land in fee, it should negotiate with the developer for a price to sell the land and have it added to the plat. If the city only has an easement, then the developer will have to get the title from the owner of the underlying fee in order to have it incorporated in the plat. This issue will need to be resolved prior to the recording of the final plat, if this project is approved. FINDINGS: Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states that, "In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of Adjustment and Appeals shall not grant a Conditional Use Permit without making certain findings. The criteria required for the granting of Conditional Use Permits are listed below, with draft findings for the Board's review: Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding #1 The Board has received no evidence that the use would be injurious to the use and enjoyment of other property in the area nor substantially diminish and impair property values within the immediate vicinity, if developed consistent with the proposed conditions. Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2 The Board has not received any evidence that the conditional use permit would impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area, if developed consistent with the proposed conditions. Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding #3 Adequate utilities, access roads, drainage and other necessary facilities are available or will be provided to the site as part of development. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding #4 The use is consistent with the purposes of the Medium Density Residential (R -2) Zone, if developed consistent with the proposed conditions. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding 95 The use is not in conflict with the Comprehensive Plan. ALTERNATIVES: 1. Offer a motion to approve Resolution No. PCO2 -045 approving the requested CUP subject to the proposed conditions. 2. Approve the CUP with revised conditions. 3. Offer a motion to deny the CUP, and directing staff to prepare a resolution consistent with the action. 4. Continue the public hearing and request additional information from staff and/or the applicant. 5. Table the request until an application has been submitted and approved regarding the front yard setback variance. 6. Table the request in order to obtain additional information from staff and/or the applicant. STAFF RECD NDATION: Staff recommends Alternative No. 5, table the request until an application has been submitted and approved regarding the front yard setback variance. ACTION REQUESTED: Offer a motion consistent with the wishes of the Board. Mark Noble Planner I g:\ boas- pc\2002 \05- 23 \cupbritvlg5.doc (02 -045) A RESOLUTION OF THE CITY OF MINNESOTA, GRANTING A CONDITIONAL • ALLOW FAMILY CONTAINING • MEDIUM ZONE. WHEREAS, Tollefson Development, Inc., applicant and property owner, has filed an application dated April 4,2002 for a Conditional Use Permit to allow multiple family dwellings containing up to six (6) units in a Medium Density Residential (R -2) Zone under the provisions of Chapter 11 (Zoning) of the Shakopee City Code, Section 11.32 (Medium Density Residential Zone), Subd. 3. (Conditional Uses); and WHEREAS, this parcel is presently zoned Medium Density Residential (R -2) Zone; and WHEREAS, the property upon which the request is being made is legally described as: OutlotA, Brittany Village e Addition, Scott County, Minnesota; and WHEREAS, notice was provided and on May 23, 2002, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. 0112 0 1 33 1 IN - foju a gu That the application for Conditional Use Permit No. PCO2 -045 is hereby GRANTED, subject to the following conditions: 1. The development shall be consistent with the site plan received by the City and dated April 4, 2002, except as specifically noted in subsequent conditions 3, 4 and 5. 2. Approval of the CUP is contingent upon the City Council approving the preliminary plat. 3. Approval of the CUP site plan, to the extent it depicts front yard setbacks of less than 35 feet, is contingent on approval to allow such setbacks. 4. Shall comply with Shakopee Public Utilities requirements concerning the design and layout of the water main and other utility services. 5. The number and type of landscaping will be required to be in compliance with the Zoning Ordinance, and will be reviewed at the time of building permit submittal. The City shall require submittal f a landscaping bond in the amount equ— to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. 6. Final grading plans shall comply with Section 11.60, Subdivision 7, regarding berming. 7. Any required sound mitigation on this site shall be the responsibility of the developer and their assigns. 8. A noise study shall be submitted prior to review of the preliminary plat by the City Council. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this 23 day of May, 2002. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director Mi- aORANDUM FOR THE TABLE CITY OF SHAKOPEE Memorandum CASE #: 02 -045 TO: Board of Adjustment and Appeals FROM: Mark Noble, Planner I SUBJECT: CUP Request of Tollefson Development, Inc. to allow Multiple Family Dwellings Containing up to Six (6) Units in a Medium Density Residential (R -2) Zone MEETING DATE: May 23, 2002 INTRODUCTION: The applicant proposes to develop the property located North of Dublin Lane, East of Brittany Court and South of Hwy. 169 (see Exhibit A). The development would consist of townhouse buildings ranging from two (2) to six (6) units per building, with a total of 115 units proposed (see Exhibit B). The site is approximately 21.4 acres (of which 3.8 acres are proposed r.o.w.), with a proposed net density of 6.53 units /acre. CONSIDERATIONS: At this time, as noted in the staff report provided in the Board's packet, the applicant is proposing to provide park dedication fees rather than dedicate park land. The dedication fees would be in the amount of $1,900.00 per unit, for a total fee of $218,500.00 (the staff report incorrectly noted the fee was $2,200.00 per unit). The Park and Recreation Advisory Board (DRAB) will be reviewing this application at their meeting scheduled for Tuesday, May 28, 2002. The Board may choose to continue the public hearing until after the PRAB has had an opportunity to provide comments on whether a park should be provided in this development, or if a cash contribution should be collected. The proposed plans show front yard setbacks varying between 25 feet and 60 feet (majority at 25 feet). The R -2 Zone stipulates that 35 feet is the minim set back requirement. The applicant has requested that the Board consider the proposed setback in their review and approval of the Conditional Use Permit. Staff has determined that this request is not unlike similar requests from Town and Country, previous Brittany Village phases and to some effect, Dublin Square, and that the Board may consider this issue at their May 23, 2002 meeting. 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 I 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 property cannot be used to its fill potential due to the substantial area of utility easement found on the property. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B. The plight of the landowner is due to circumstances unique to the property. the unique circumstances pertain to the easement area, which encompasses approximately 5.7 acres, and an additional 1.8 acres of land that is not in easement, which is located between the easement and Highway 169 right -of -way and is practically difficult to be used for developmental purposes. 1.C. The circumstances were not created by the landowner; Finding I. C. The circumstances were not created by the landowner. The circumstances are a result of the lot configuration, which includes the undeveZopable easement area. I.D. The variance, if granted, will not alter the essential character of the locality; and Finding I.D. The variance would not alter the essential character of the locality. The proposed development is consistent with the neighboring developments to the west and south. 1.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 problem arises due to the area encompassed by the easement not being a buildable area. 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 proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) in that the net density complies with the R -2 Zone requirements. The proposed use is consistent with the development patterns in the R -2 Zone, and would be providing adequate setbacks. Criterion 3 The request is not for a use variance. Finding .3 The request is not 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 (Not applicable if the application does not meet all the criteria for granting a variance) Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria:...... Finding S (Not applicable since the front of the property is not within the flood plain overlay zone) ALTERNATIVES: 1. Offer a motion to approve Resolution No. PCO2 -045 approving the requested CUP subject to the proposed conditions. 2. Approve the CUP with revised conditions. 3. Offer a motion to deny the CUP, and directing staff to prepare a resolution consistent with the action. 4. Continue the public hearing until after the Parks and Recreation Advisory Board has met and provided comments on this proposed development. 5. Continue the public hearing and request additional information from staff and/or the applicant. 6. Table the request in order to obtain additional information from staff and/or the applicant. STAFF RECOMMENDATION: Staff recommends Alternative No. 1, 2 or 4. ACTION REQUESTED: Offer a motion consistent with Alternative No. 1,2 or 4. Mark Noble Planner I g: \boaa -pc \2002 \05- 23 \cupbritvlg5mem.doc (02 -045) 6 79- OZ a � ... � 8! r 9! � � F! Z� Z. 6! �! 5 ■��+�n•■rr ■a•r��+ i min �� nms ■n ■ �■ ■■ ■ ■'■ ■I■ � ■1 r ' ■' ■_ ■ ■ MI ■L ■ ■l ■ on ■ ■ k mil IF IE �.�.� AIL , ■■ .� con ff IF ., mi a ,� �►� .5 1111 07 ■�1 ■ ■�/ ` 6! c F ®� ■ ®! I IE �_' sue! ITT 1 �:� Ir F F ON ■�` f ` u IN F t �. OF ' OZ 6! 8! >_L� 60 LZ 9,7 SZ tiZ FZ 1. ZZ !Z 0� S l6. ta 1. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 17 Avenue, County Road 79 to Colonial Street, Project No. 2002 -1 Easement Acquisition DATE: July 2, 2002 INTRODUCTION: 8; i ': ti , 1 S The City needs to acquire easements for the construction of 17 Avenue, County Road 79 to Colonial Street, Project No. 2002 -1. City Project No. 2002 -1 requires additional easements from the property owned by Independent School District #720. Attached is a sketch of the easement area and a copy of a letter sent to Shakopee Public Schools with the offer from staff. 1. Approve a motion for the appropriate City officials to acquire the easements in the amount of $1,850.00. 2. Deny the easement acquisition. 3. Table this item for additional information. � Staff recommends Alternative No. 1. ACTION REQUESTED: Approve a motion to authorize payment for an easement from Independent School District #720 in the amount of $1,850.00. r Public Works Director BL/pmp ISDEASEMENT June 24, 2002 Mr. McBroom I.S.D. #720 505 S. Holmes Street Shakopee, MN 55379 Dear Mr. McBroom: I am responding to an issue regarding permanent easements on the School Districts property along County Road 79. The easement is needed as part of the 17 Avenue extension street construction project planned for late summer or early fall 2002. Part of this project involves widening County Road 79's road surface to accommodate a bye - pass lane. The easement is needed to allow appropriate sloping along County Road 79 after the widening. The area to be obtained as easement is along the westerly side of County Road 79 (see attached map). The easement is approximately 12 feet wide by 612 feet long. The total area is 7344 square feet (0.1686 Acres). The amount being offered for the easement is $1850.00. The basis for this amount comes from recent appraisals along Valley View Road and the construction of that road planned to begin in July or August of this year. The School District's property is similar in nature and the Valley View Road appraisals provide a good basis for placing a value on the permanent easement. The procedure for calculating the offer of $1850.00 was based on the loss of property value. The loss of value was developed using pre easement market property values and post easement property market values. Pre easement market value for similar property was determined to be $36,000.00 per acre. Post easement market value for property in easements was valued at $25, 200 per acre. With the above property values the following analysis was used. Market Value Before Taking 66.99 Acres X $36,000.00 = $2,411,640.00 Market Value After Taking 66.8214 Acres (Unencumbered) X $36,000 = $2,405,570.40 0.1686 Acres (Encumbered by Easement) X $25,200 = $ 4,248.72 Total = $2,409,819.12 COMMUNITY PRIDE SINCE 1857 129 Holmes Street South • Shakopee. Dlinnesota ^ 55379 -1351 ^ 953 -2.3 -3500 ° FAX 952-233-3801 ^ ti wxiAakopee.mn.us Value of Easement Market Value Before Taking = $2,411,640.00 Market Value After Taking = $2,409,819.12 Total Value of Easement = $ 1,820.88 The value was rounded to $1850.00, which is the amount being offered by the city to acquire the easement. For documentation purposes, please respond by letter indicating acceptance. Currently an easement document is being prepared. When the document is ready I will contact you and we can go over any concerns. If you have any questions please give me a call as soon as possible so we can move forward with the project. Sincerely, Scott A. Smith Assistant City Engineer (952) 496 -9665 I � .)0. . CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: C.R. 79 and C.R. 17 Pedestrian Bridges Over T.H. 169 - Cooperative Agreement with Scott County and Mn/DOT and Approval of Plans DATE: July 2, 2002 INTRODUCTION: Attached to this memorandum is a Cooperative Agreement with Scott County for the pedestrian bridges on C.R. 79 and CSAH 17 over T.H. 169. Also attached is Resolution No. 5754, a resolution approving the plans and specifications for the pedestrian bridges on C.R. 79 and CSAH 17 over T.H. 169. The Mn/DOT Cooperative Agreement and approved plans are anticipated to be delivered on July 2, 2002. BACKGROUND: Previously, the City Council had approved Nh /DOT's Limited Use Permits for the pedestrian bridges on C.R. 79 and CSAH 17 over T.H. 169 for the future construction of the pedestrian bridges and maintenance obligations. Also, the City had approved the Federal process for advanced construct and for accepting Federal funds on this project. In order for this project to proceed, Cooperative Agreements have been prepared with one being from Scott County in order to participate in the cost of the pedestrian bridge improvements on C.R. 79 and one with Mn/DOT in order to receive funding for this project. Attached to this memo is the Cooperative Agreement with Scott County and Mn/DOT's Cooperative Agreement is anticipated to be delivered on July 2, 2002 for funding participation. Also attached is Resolution No. 5754, a resolution approving the plans and ordering the advertisement for bids for this improvement project. Staff is requesting authorization to approve these three items in order for the City be in a position to advertise for bids to construct these bridges this year. The City can advertise this project once plans have been approved and can open bids once the City approves Mn/DOT's Cooperative Agreement and can award a contract once Mn/DOT signs the Cooperative Agreement and reviews the bids. Scott County has approved the County's Cooperative Agreement for this project and is agreeing to participate in the cost approximately $98,360.90. ALTERNATIVES: Adopt Resolution No. 5754, a resolution approving plans and specifications and ordering the advertisement for bids for the pedestrian bridges on C.R. 79 and CSAH 17 over T.H. 169. 2. Deny Resolution No. 5754. 3. Authorize the appropriate City officials to execute a Cooperative Agreement with Scott County for the pedestrian bridge along C.R. 79 over T.H. 169. 4. Authorize the appropriate City officials to execute a Cooperative Agreement with Mil /DOT on cost participation for the pedestrian bridges on C.R. 79 and CSAH 17 over T.H. 169. 5. Table for additional information. RECONMENDATION: Staff recommends Alternative No.'s 1, 3 and 5, to approve plans and specifications, execute the Cooperative Agreement with Scott County and execute the Cooperative Agreement with Mn/DOT in order to proceed with this project so as to construct the improvements this year. Staff will not be able to advertise officially until Mn /DOT has given official approval of plans which is expected on July 2, 2002. ACTION REQUESTED: Offer Resolution No. 5754, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Pedestrian Bridges on County Road 79 and County State Aid Highway 17 over Trunk Highway 169, Project No. 2002 -8 and move its adoption. 2. Authorize the appropriate City officials to execute Cooperative Agreement with Scott County for the pedestrian bridge along C.R. 79 over T.H. 169. 3. Authorize the appropriate City officials to execute Cooperative Agreement with Nh /DOT on cost participation for the pedestrian bridges on C.R. 79 and CSAH 17 over T.H. 169. A Bruce Loney Public Works Director BL/pmp MEM5754 WHEREAS, pursuant to a motion adopted by City Council on February 20, 2001, Bruce Loney, Public Works Director has prepared plans and specifications for C.R. 17 and C.R. 79 pedestrian bridges and trail by installation of pedestrian bridges, bituminous paving, curb & gutter, bituminous trail and any appurtenant work 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 .2002. Mayor of the City of Shakopee ATTEST: City Clerk City Project No. SP 166 - 010 -007 CP 2002 -79 -06 City of Shakopee County of Scott THIS AGREEMENT, made and entered into this day of , 2002, by and between the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City " and the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the " County ". WITNES SETH: WHEREAS, the City and the County have been negotiating to bring about the improvement of a pedestrian bridge over TH 169 at County Road 79 and in conjunction with this project a segment of CR 79 will be reconstructed from TH 169 to north of Mound Street as shown on the City Engineer's plans for State Project 166 -10 -007 (County Project 2002- 79 -06) which improvement contemplates and includes pedestrian bridge, plant -mixed bituminous pavement, concrete curb and gutter, storm sewer and other related improvements; and WHEREAS, the above described project lies within the corporate limits of the City; and WHEREAS, the City Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of Seven Hundred Eighty -four Thousand Seven Hundred Seventeen Dollars and Fifty cents ($784,717.50). A copy of said estimate (marked Exhibit "A ") is attached hereto and by this reference made a part hereof; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: I The City or its agents will advertise for bids for the work and construction of the aforesaid State Project No. 166- 010 -007 (CP 2002- 79 -06), receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for cities. The contract is in form and includes the plans and specifications prepared by the City or its agents, which said plans and specifications are by this reference made a part hereof. 1 City Project No. SP 166- 010 -007 CP 2002 -79 -06 City of Shakopee County of Scott in The City shall administer the contract and inspect the construction of the contract work contemplated herewith at the sole cost of the City. The County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary. I11 The County shall reimburse the City for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to in this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. IV The City Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the County each month. V In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement by both parties, to non - binding mediation, unless the parties mutually agree otherwise, with the cost being shared equally. VI All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City or County pursuant to this Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. all The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. 2 City Project No. SP 166- 010 -007 CP 2002 -79 -06 City of Shakopee County of Scott \ice Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work, and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. ►© 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. X 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. c City Project No. SP 166- 010 -007 CP 2002 -79 -06 City of Shakopee County of Scott V It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County.Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XII 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 City Project No. SP 166- 010 -007 CP 2002 -79 -06 City of Shakopee County of Scott IN WITNESS WHEREOF, The County and the Consultant by their authorized partner or officer have hereunto subscribed their names in duplicate. ATTEST: Rv- David J. Unmacht County Administrator DATED: APPROVED AS TO FORM: By: Thomas Harbinson County Attorney DATED: By: Barbara Marschall Chair, Board of Commissioners DATED: I- Bradley J. Larson County Engineer DATED: (SEAL) RV William Mars Mayor And Mark McNeill City Administrator Date Date mh -w: \word \prof ect\2002 -79 -06 \citycoop.doc 4 -15 -2002 And Judy Cox City Clerk Date 5 w g oopo 0 0 -1 1 11 . . > N T1-+[ M! M Bu s- .1 4T ommm DOD Oti OWN RUP F Jig NUN g . A A A 9 A A . 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BACKGROUND: Previously, the City Council adopted Resolution No. 5719, declaring adequacy of petition and ordering an improvement and preparation of plans and specifications from 17 Avenue, from C.R. 79 to Colonial Street. The City did receive petitions from the developer of Providence Pointe and also the purchaser of property south of Providence Pointe, Tollefson Development, Inc. With 100% of the property owners petitioning the improvement, the City can proceed directly to design and no public hearing was necessary and the plans have been completed for Council approval. Staff is in the process of completing easement acquisitions necessary from the property owners and from the adjacent property owners along C.R. 79, which is Independent School District #720. It is anticipated that staff would advertise for this project and bring the bids back for City Council consideration at the July 30, 2002 special Council meeting. Completion of 17 Avenue in this area will provide a second access for several residents in this developing area. ALTERNATIVES: Adopt Resolution No. 5753, a resolution approving plans and specifications and ordering the advertisement for bids for 17 Avenue, from C.R. 79 to Colonial Street, Project No. 2002 -1 2. Deny Resolution No. 5753. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, so as to receive bids in order to construct this project in the 2002 construction season. I41 Y [I]►`n n gII1 If.`y Y w 1. Offer Resolution No. 5753, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 17 Avenue, from County Road 79 to Colonial Street, Project No. 2002 -1 and move its adoption. BUpmp MEM5753 1 R UESOLUTION N. 5753 WHEREAS, pursuant to Resolution No. 5719 adopted by City Council on May 7, 2002, Bruce Loney, Public Works Director has prepared plans and specifications for 17` Avenue, from County Road 79 to Colonial Street by installation of sanitary sewer, watermam, storm sewer, street construction, turn lanes, bituminous paving, curb & gutter, concrete sidewalk, bituminous trail, street lighting and any appurtenant work 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 SAKOPEE, SOTA: 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 , 2002. Mayor of the City of Shakopee ATTEST: City Clerk TO: Mayor & City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Purchase of a Hydro -Vac for Sanitary Sewers DATE: July 2, 2002 INTRODUCTION CONSENT In the 2002 Capital Equipment Budget, Public Works has identified a need to replace and upgrade the 1985 ME Inductor for cleaning Sanitary Sewers. BACKGROUND In 1985 Public Works purchased an IME Inductor for debris removal in the sanitary sewer system. Due to growth in the Pheasant Run and Southbridge areas, installation of the deep sanitary sewer lift station and the fact that the 1ME Inductor is no longer in production and parts for maintenance and repair are harder to locate, Public Works has found the current IME Inductor is undersized and no longer effective in removing debris from the sanitary sewers. Our current inductor is effective to about 30 feet in depth, and the Versa -Vak 1000PD is effective to the depth of 55 feet. Utilizing State Bid Pricing Public Works is requesting to purchase a Versa -Vak 1000PD from Flexible Pipe Tool Company including trade -in for $54,035.00. Public Works budgeted $70,000.00 in the 2002 Capital Equipment Budget. See attached quote. ALTERNATIVES Accept the quote from Flexible Pipe Tool Company and authorize staff to purchase one Versa -Vak 1000PD for the purchase price of $54,035.00 with funds to be expended from the Capital Equipment Internal Service Fund. 2. Deny the request. 3. Table for additional information. Staff recommends alternative number 1. ACTION REQUESTED Accept the quote from Flexible Pipe Tool Company and authorize staff to purchase one Versa -Vak 1000PD for the purchase price of $54,035.00 with funds to be expended from the Capital Equipment Internal Service Fund. NVfichael inlander Public Works Supervisor FLEXIBLE PIPE TOOL COMPANY Sewer Cleaning Systems and Equipment PO Box 1306 St Cloud, Minnesota 56302 -1306 800 -450 -6969 DATE: June 5, 2002 TO: Mike Hullander City of Shakopee 500 Gorman Street Shakopee, MN 55379 -• WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION. All prices subject to immediate acceptance. Clerical errors subject to correction. All agreements are contingent upon fires, accidents, labor difficulties, and causes beyond our reasonable control. No statement, contract, or order binding on the Company unless made or approved on behalf of the Company by one of its officers. One (1) 2002 Versa -Vac 1000PD priced per State Contract #428887 and equipped as follows: ® Hydraulic door latches ® Hydraulic 3' boom extension • Hydraulic boom rotation • Wireless remote control with spare transmitter • Arrow stick • Work light on boom • Strobe light • Control panel light ® John Deere 80 HP diesel engine ® Hydraulic trailer brakes • Hydraulic tongue jack • Trash pump decant system • 6" tubing package ® Extra set of manuals ® Spare tire and rim Subtotal Less trade -in of existing vacuum trailer $ 60,535.00 (6,500.00) TOTAL (includes delivery and training but no taxes) $ 54,035.00 /6 4 To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Tahpah Park Irrigation Repairs, Sub -Soil Corrections and Reduction of Parking Lot Spaces Date: July 2, 2002 INTRODUCTION Council is asked to approve the repair and relocation of a 4 -inch irrigation service line that provides water to fields 6, 7 and 8 at Tahpah Park. As of 5:00 p.m. today, the Engineering Division advised me that additional sub -soil corrections are needed. Staff also discovered that the future ball fields are too close to the parking lot and should have an additional 50 -foot separation for safety. We believe a reduction of 21 parking spaces would accomplish this and there would still be sufficient parking. Staff is seeking Council's permission to fund the soil corrections, approve a reduction of parking spaces and relocate the irrigation Pane. . BACKGROUND Irrigation Last week, the weight of a heavy earth- moving machine crushed the water service line for the irrigation system. Portions of the line are located within the construction zone and only a foot deep. To avoid further breakage, staff recommends relocating the line outside the construction zone. The relocation of this line was not included in the construction documents because the as -built plans did not show the location of this private service line. The irrigation system is a private utility and, therefore, not located by Gopher 1. The irrigation system was designed in 1990 by OSM Engineering, Inc. and installed by Aqua Engineering of Eden Prairie. The City currently uses Metro Lawn Sprinklers to service and repair its irrigation systems. Metro Lawn Sprinklers can repair and relocate the line for about $10,000, which includes materials and labor. Soil Corrections As the earthmovers moved the topsoil, they discovered that some areas had as much as feet of black dirt. Therefore, additional granular soils will be needed to form the sub -base. Fortunately, we can borrow on -site, which helps keeps costs down from hauling it to the site. The engineer's estimate is about $25,000430,000 to make the additional corrections. Parking Spaces Staff also found a design flaw in the plans. The future ball fields are located too close to the parking lot. Staff prefers not reducing the size of the fields. The age appropriateness for the fields requires the outfield fences to be at certain distance. Therefore, we are recommending the elimination of 21 parking spaces. That still leaves us with 179 parking spaces. The elimination of parking spaces reduces the costs by an estimated $5,000 - $10,000. BUDGET ACT Needed Funds for Projected Project Costs: Relocation of Irrigation Line $10,000 Soil Corrections: $25,000 Staff recommends using Park Reserve Funds to pay for the repairs. The fund currently has $1.2 million. ALTERNATIVES 1. Approve the relocation the service line for the irrigation system. 2. Approve the staff's request to fund the necessary soil corrections. 3. Approve staff s request to reduce the number of parking spaces from 200 to 179. 4. Do nothing. RECONLMENDATION Alternative #1, #2 & #3 ACTION REQUESTED Move to hire Metro Lawn Sprinklers to repair and relocate the Tahpah Park irrigation service line at an amount not to exceed $10,000 with funding from the Park Reserve Fund. Move to add $25,000 for the necessary soil corrections for Tahpah Park Parking Lot Project with Funding from the Park Reserve Fund. Move to approve the reduction of parking spaces from 200 stalls to 179 - �alls. Mark J. McQuillan Natural Resource Director •. • i �: r D ,eRwcE :IE.... SILT t i l l fNCl� 1 I 1 • • i 2 ° I I • � O I• Z I 1 • , � 1 oc • I• • I— • 1 I 7. • ,eRwcE :IE.... SILT t i l l fNCl� 0 2 0 0 400 SCALE IN FEET Comm. No. 4741 Sheet no. 1 I I 2 ° I � 0 2 0 0 400 SCALE IN FEET Comm. No. 4741 Sheet no. 2 ° � O Z 1 • 0 2 0 0 400 SCALE IN FEET Comm. No. 4741 Sheet no. CITY OF SHAKOPEE Police Department Memorandum TO: FROM: SUBJECT: DATE: INTRODUCTION: Mayor and City Council Mark McNeill, City Administrator Bob Forberg, Sergeant Successful Completion of Probation — 3 Police Record Specialists June 19, 2002 The Council is asked to grant full -time permanent status to Police Record Specialists Teri VanCleve Scherer, Donna Hyatt and Tracy Menden. Effective January 1, 2002, these three employees were reclassified from Police Record Technicians to Police Record Specialists. Per Civil Service Rules, the probation period for newly appointed police officers is one year. The probationary period for all other employee classifications is six - months. Their six -month probationary period will end on July 1, 2002. All three staff members have performed the responsibilities of their positions in a satisfactory manner over the past six months. RECOMMENDATION: Staff recommends that Teri VanCleve Scherer, Donna Hyatt and Tracy Menden be retained in their respective positions and be granted permanent full -time status. ACTION REQUESTED: If the Council concurs, they should, by motion, approve the satisfactory completion of probation and authorize the retention of Police Record Specialists Teri VanCleve Scherer, Donna Hyatt and Tracy Menden effective July 1, 2002. BF:pm CITY OF SHAKOPEE Police Department Alfomnrl7w aim TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Bob Forberg, Sergeant SUBJECT: Authorization to Hire One Police Officer DATE: June 20, 2002 The Police Department is requesting Council approval to hire one police officer. The Police Civil Service Commission conducted the necessary testing that created the Police Officer eligible register. The following names are the top three candidates listed, in alphabetical order, on the eligible register established by the Police Civil Service Commission: • Jennifer Hauer • Jamie Lindberg • Ryan Olson Minnesota State Statute Chapter 419 requires the Police Civil Service Commission to submit the top three names listed on the eligible register to the Appointing Authority (City Council), to fill any vacancy. The Police Department budget identifies an additional seven police officer positions for the year 2002. If authorized, this hire will be the second (2) of those seven (7) positions to be filled. The position will be compensated at an entry -level rate. The current labor agreement establishes $3,135.33 per month as Tier 2, Step 1 wage for a probationary police officer. Memo To Council — June 20, 2002 1 Hire 1 Police Officer ALTERNATIVES: 1. Do not authorize the hire. 2. Authorize hire. I. I Le Alternative #2. Staff recommends Council authorize the hiring of Jamie Lindberg as a probationary police officer. � � Y111�T.�1Y�ll�i If the Council concurs, they should, by motion, authorize the hiring of Jamie Lindberg as a probationary police officer at a monthly rate of $3,135.33, subject to the satisfactory completion of pre - employment medical and psychological examinations. BF:pm Cc: Marilyn Remer, Payroll/Benefits Coordinator Memo To Council 2 July 20, 2002 Hire 1 Police Officer CITY OF SHAKOPEE Police Department Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Shakopee Police Civil Service Commission SUBJECT: Police Officer Eligible Register DATE: July 2, 2002 The Shakopee Police Civil Service Commission conducted the appropriate testing and established the followin Police Officer eligible register, in alphabetical order, in accordance with the provisions of M.S_A. 419. 1. Jennifer Hauer 2. Jamie - indber 3. Ryan Olson Respectfully submitted, Stan VonBokern, Chair Shakopee Police Civil Service Commission SV:pm IN CITY OF SHAKOPEE Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Bob Forberg, Sergeant SUBJECT: Authorization to Hire Two Community Service Officers DATE: June 20, 2002 uaa The Police Department is requesting Council approval to fill two vacant, three- quarter time Community Service Officer (CSO) positions. The Shakopee Police Department experienced two voluntary CSO terminations. In the 2002 budget, Council authorized three, three- quarter time CSO positions. One of the positions has been filled by Jaclyn Scheerz. The remaining two vacant positions were unfilled because the Civil Service Commission's eligible register for the positions expired. The Commission recently conducted the necessary testing and a new eligible register has been created. The following names are currently listed on the eligible register, in alphabetical order. Paul Cherrier Neal Gustafson Corey Stanley Dave Weckman Minnesota State Statute Chapter 419 requires the Police Civil Service Commission to submit the top three names listed on the eligible register to the Appointing Authority (City Council), to fill any vacancy. Staff recommends Council authorize the hiring of Paul Cherrier as a probationary three - quarter time Community Service Officer. With the elimination of Paul Cherrier's name, the following names are now listed on the eligible register, in alphabetical order: Memo to Council — June 20, 2002 Hire Two Community Service Officers Neal Gustafson Corey Stanley Dave Weckman Staff recommends Council authorize the hiring of Dave Weckman as a probationary three- quarter time Community Service Officer. ALTERNATIVES: 1. Do not authorize the hires. 2. Authorize the hire of Paul Cherrier and Dave Weckman. RECOMMENDATION: Staff recommends Alternative #2 BUDGET IMPACT: If authorized, the two LSO's will be instrumental in addressing the Council's goal of code enforcement and quality of life issues, allowing our licensed police officers to refocus their efforts on proactive law enforcement. The positions were budgeted for in the 2002 Police Department budget. , � 1111 -xyl Y �l Iii If the Council concurs, they should, by motion, authorize the hiring of Paul Cherrier and Dave Weckman as a probationary three - quarter time Community Service Officers at a monthly rate of $1,687.50, subject to the satisfactory completion of pre - employment medical and psychological examinations. BF:pm (1) Attachment: Eligible Register Memo to Council — June 20, 2002 2 Hire Two Community Service Officers CITY OF SHAIWP Police Department Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Shakopee Police Civil Service Commission SUBJECT: Community Service Officer Eligible Register DATE: June 19, 2002 The Shakopee Police Civil Service Commission conducted the appropriate testing and established the following eligible register, in alphabetical order, in accordance with the provisions of M.S.A. 419. 1. Paul Cherrier 2. Neal Gustafson 3. Corey Stanley 4. Dave Weckman Rpectfully submitted, �StanVo�nBoke�m, Chair Shakopee Police Civil Service Commission SV:pm / � - F. /A CIW OF ■ CON Mem ol"Clf7C1um TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk (K-.- SUBJECT: Alcohol License Applicatiorl� — Caffe La Barra DATE: June 25, 2002 INTRODUCTION: City Council is asked to consider applications from Caffe La Barra Inc. for On Sale Wine and On Sale 3.2 Percent Malt Liquor licenses. BACKGROUND: Mr. Werth submitted applications for the renewal of his On -Sale and Sunday On -Sale Intoxicating Liquor licenses at Caffe La Barra, 238 Lewis Street. He subsequently submitted applications for a Wine license and for a 3.2 Percent Malt Liquor license. He has advised that he desires the Wine and Beer licenses and does not care to renew his Liquor licenses at this time. The liquor licenses were tabled at the June 18, 2002, City Council meeting and do not need to be removed from the table. The Wine and Beer licenses were advertised for Council consideration on July 2, 2002. His applications are in order. The Building Department has conducted the required inspection of the premises, the certificate of insurance is on order, and there are no delinquent taxes. RECOMMENDED ACTION: Approve the applications and grant an On Sale Wine and an On Sale 3.2 Percent Malt Liquor license to Caffe La Barra Inc, 238 Lewis Street, conditioned upon receipt of evidence of required insurance. iA iquor \Caffe La Barra CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: Temporary 3.2 Percent Malt Liquor License — Shakopee Jaycees DATE: June 27, 2002 leg N !1 G u' 7 �i S E N T The Shakopee Jaycees have made application for a temporary on -sale 3.2 percent malt liquor license for Derby Days on August 2 and 3, 2002. The application and certificates of insurance are in order. I have been in contact with the Deputy Chief of Police regarding the application. He recommends approval of the license with sales to cease at 11:00 p.m. as was done last year. • � I 1 1 � Move to approve the application and grant a temporary on -sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc., municipal parking lot at 2nd Avenue and Lewis Street, for August 2 and 3, 2002, with sales to cease at 11:00 p.m. City Clerk L-/ JSC /js o eanette/liquorf=empBeer) CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Derby Days Street/Parking Lot Closings DATE: June 28, 2002 ► •; • 16. F. 7), CONSENT The Council is asked to approve a request from the Derby Days Committee regarding street and parking lot closures. Derby Days will be held this year from Thursday, August 1 st - Sunday, August 4th. Events similar to those in previous years, including the Taste of Shakopee on Thursday, beer tent and dance on Friday will be held. Different this year will be the parade being held on Sunday afternoon rather than Saturday morning. The parade route will be on 10 Avenue, and will set up in the town Square Mall parking lot. A kiddie parade will be held on 3 rd Avenue from Atwood to Lewis on Saturday. Derby Days President Jack McGovern has submitted a letter showing the requested street closures, parking lot closures, and other restrictions. This is being reviewed by the Police Department. Mr. McGovern informs me that he has advised, or will advise the major users of the parking lots of the times for closure. Fireworks will again be displayed near the High School, beginning at 9:30 PM or Sunday, August 3 r If there are issues of concern for the Police Department, they will so indicate prior to the Council meeting. Mr. McGovern will be in attendance at the July 2nd meeting to answer any questions. We recommend that the following traffic and parking related lot or street closures be approved, subject to any modifications recommended by the Police Department: 1. Parking lot and Second Avenue north of the railroad tracks between Sommerville Street and Lewis Street from Wednesday, July 31st at 5:00 PM until noon on Sunday, August 4th. 2. Parking lot between Lewis and Holmes Street, from Noon Thursday, August 1st, to Midnight Saturday, August 3 (for inflatable kiddie rides). 3. Lewis Street, and Holmes Street alley to 1 Avenue, and Holmes Street north of alley, leaving access to the parking lot via Holmes St., and 1 Street from Holmes to Sommerville Streets on Thursday, August 1 through Saturday August 3 from 8:00 AM until 8:00 PM. (Sidewalk Sales) 4. 3 Avenue from Scott to Atwood Streets on Saturday, August 3 from Noon until 3:00 PM. (Water Fights) 5. Atwood Street from 2 nd to 3 Avenues, from Noon to 5 pm on Saturday, August 3 (firefighter displays) 6. Lewis Street from 4 Avenue to 2 nd Avenue on Saturday August 3rd, from 2 PM to. (Soap Box Derby) 7. Exit from County Road 69 onto Holmes Street, and 1 Avenue from Holmes St. to Lewis St. on Thursday, August 2 beginning at 2 PM (Taste of Shakopee) 8. 10 Avenue, from exit to CR 69, east to Spencer. (Parade Route) 9. 3 Avenue, Atwood to Lewis, and north to 2 Avenue on Lewis (Kiddie Parade) 10. Alleys between Sommerville St. to Holmes St. up to the parking area behind Real Gem Jewelers and Art Gallery — August 1 -4 11. Authorize sidewalk sales by downtown merchants - Thursday through Saturday 12. Authorize the assistance of Public Works for set up of picnic tables, benches, and clean up as needed. � ► 1 17 �111 If the Council concurs, it should, by motion, approve the listed parking and traffic related issues relating to Derby Days, July 31st to August 4th. 1AS- @ Mark McNeill City Administrator MM:tw CC: Judy Cox Dan Hughes Public Works Q . Prewnmd by the Convnw ily of Shakopee & the Shakopee Jaycees Please find enclosed an updated list of those streets we are asking the City Council to close for Derby Days. Derby Days is August 1 - 4 this year. The council meeting is tentatively planned for July 2, 2002. If you have any concerns about the street closings you may come to our meeting (contact Jack for meeting dates and times), contact me directly about concerns or attend the Council Meeting. We hope you will take advantage of the extra pedestrian traffic as well as take some time out to enjoy some of the events we have at Derby Days. Sincerely, Derby Days Committee NOTICE TO DOWNTOWN BUSINESS OWNERS AND RESIDENTS The Derby Days Committee is bringing the following requests to the City Council Meeting on July 2, 2002. Request to close parking lot and Second Avenue north of the railroad tracks between Sommerville Street and Lewis Street on Wednesday July 31 at 5:00 PM to set up the tent and area for Taste of Shakopee. This area will also be closed for food vendors until noon on Sunday the 4th. 2. Request closing of parking lot between Lewis and Holmes Street (by Pablos) at 1:00 PM August 1 - 3 for carnival rides. 3. Request closing of Lewis Street north of 3rd and Holmes Street north of the alley, leaving access to parking lot via Holmes St on Thursday, August 1, - Saturday, August 3 for sidewalk sales and crafters. 4 Request closing of 3rd Avenue August 3rd from Atwood Street to Lewis Street from 9:00 until approximately 11:00 for Kiddie Parade. Request closing of 3rd Avenue Saturday, August 3rd from noon until approximately 3:00 PM for the Water Fights. Request closing of Scott Street from 2nd to 3rd, noon to 5:00 for fire fighters open house displays. Closing of Lewis Street from 4th Avenue to 2nd Avenue at about 2:00 PM for the Soap Box Derby Races on Saturday. 5. Request closing of entrance from Cty Rd 69 onto Holmes Street and 1 st Avenue from Holmes Street to Sommerville on Thursday August 1, from 12:00 to 9:00 for the Taste of Shakopee. 6. Request closing l 0th Avenue August 4th from 69 entrance to Spencer Street from 12:00 noon to approximately 3:00 PM. for parade. 7. Request closing of the alleys between Sommerville and Holmes up to to the parking area behind Real Gem Jewelers and Art Gallery, August 1 st to 4th, 2002. We would like to thank you for your cooperation and support. Although some of these closings may cause inconvenience, we hope you will take advantage of the added pedestrian traffic. Many people attending the events this year will be new to the community. This is the community's opportunity to accentuate our uniqueness as well as goods and services we can provide. If you have any specific concerns please contact Jack McGovern prior of the Council Meeting on July 2, 2002. We would like the opportunity to work together to prevent problems. We are willing to work with you to ensure this is an enjoyable event for everyone. The City Council Meeting will be held on July 2, 2002. Sincerely, Jack McGovern Board of Directors Work 445 -5791 Home 445 -0937 REQUEST FOR STREET AND PARKING LOT CLOSINGS Please find enclosed a copy of the notice concerning all street closings and parking lot closings for the Classic Car Cruise, Carnival Rides and entrance from 69 to Holmes through 1st Avenue. This notice will be given to all businesses and residents in the area. WEDNESDAY JULY 31 Block off part of the parking lot for tents to be set up. Please sweep lot for tent set -up and carnival rides (Pablos) Request loader to move pallets of blocks. THURSDAY, AUGUST 1, by 9:00 AM Please place 10 pylon cones in front of Bill's Toggery. Please place road barriers on 3rd Ave and Lewis Street, the parking lot entrance on Holmes St. on the corner of 1 st Avenue and Holmes, and comer of 1 st Avenue and Sommerville. FYI Derby Day Volunteers will; Post notice of parking restrictions by 8:OOAM Post notice of parking lot closing by 8:00 AM Supply signage. By 1:00 PM Please place 40 picnic tables in parking lot by tent and 20 at the intersection of 1 st Avenue and Lewis Street. Please place 20 garbage receptacles at the intersection of 1 st Ave and Lewis St. and 25 in parking lot by tent. Please place road barriers: 1 st Ave and Lewis, east edge 1 st Ave and Holmes, east edge 2nd Ave and Lewis, north edge 2nd Ave and Sommerville, west edge. east of entrance to Performance Shop. FYI Derby Days Volunteers will Post parking restriction notices by 8:00 AM, Wed. Set up for Taste of Shakopee at 12:00 PM Arrange picnic tables for Friday's street dance. FRIDAY. AUGUST 2ND Early AM Please empty garbage cans, sweep parking lot, and sweep Lewis St. and 1 st Ave. Anytime please deliver picnic tables. FYI Derby Day Volunteers will: Post parking restriction notices by 8:00 AM Set up Food Vendors and Street Dance by 8:00 AM Begin fencing beer garden area by 10:00 AM SATURDAY, AUGUST 3RD By 7:30 AM Please empty garbage receptacles in parking lot Please place 24 garbage receptacles near hydrant on 2nd & Lewis, 14 near large tent, 8 at intersection of 2nd Ave and Lewis St, and 6 by the Volley Court by Eagles Club. Please place barricades on corner of 3rd and Scott and 3rd and Fuller, and 3rd and Holmes for Kiddie Parade by 9:00. SUNDAY AUGUST 4TH Please place 100 garbage receptacles along parade route, 2 on opposite corners of each intersection and 1 on every block of the route. Place barricades on all Streets. By 6:00 AM Please sweep parking lot between Lewis and Sommerville for Pancake and Sausage Breakfast. MONDAY, AUGUST 5TH Pick up picnic tables, garbage receptacles, etc. Thank you for supporting Derby Days 2002 Call Jack if you have any questions. 445 -5791 work 445 0937 home Cell 612 7413576 CITE' OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tobacco License Silva's El Burrito Mercado, Inc. DATE: June 21, 2002 INTRODUCTION: City Council is asked to consider the application for a tobacco license for Silva's El Burrito Mercado, Inc. BACKGROUND: Application has been made by Silva's El Burrito Mercado, Inc., 123 West 2 Avenue, to sell tobacco. For training purposes, they have advised that they plan on using the training material provided by the City from Minnesota ASSIST, Minnesota Department of Health and the American Cancer Society. During the customary background investigation, the Police Department has learned of nothing that would prevent the issuance of the tobacco license. RECOMMENDED ACTION: Approve the application and grant a tobacco license to Silva's El Burrito Mercado, Inc., 123 West 2 Avenue. f � r JSC /js I: Jeanette/licenses /silva's CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Amendment to Architectural Agreement — Library Building DATE: June 27, 2002 The Council is asked to consider an amendment to the contract between the City and BKV for design of the public library, to change the percentage fee to a lump sum fee, and expand the construction phase services. In a memo dated May 17 there was described a problem that was created for BKV, the architect for the library building, when bids came in considerably lower than had been anticipated. While that was good news for the City, because BKV's compensation was based upon a percentage of the contract amount, their overall compensation would be significantly short of what had been anticipated to carry their services through the completion of the project. At the City Council meeting of May 21st, the Council approved a switch to go from a percentage, to a flat fee. The flat fee that I provided the Council in a memo dated may 17 was $411,660, based upon 9% of an estimated $4, 574,000 construction cost. However, I've since been provided correct information, that the estimate was $4,385,000, and therefore the flat fee compensation would be $395,000. This compares to the amount entitled BKV under the percentage of the Westra bid, at $312,300. In exchange for that concession, BKV has agreed to significantly expand their construction phase services, and has assigned services of John Rall to troubleshoot and oversee the Shakopee library project. In just the few weeks since the contract was awarded, Mr. Rail's services have been very beneficial to the City, and his services will help to reduce the number of problems to be encountered. Note that a proposal to go to a flat rate for the Police building architectural services will be presented at the July 1 I Council meeting. Bids for the Police building will be opened July 18tH We recommend that the amendment to the architectural contract with BKV be approved. If the Council concurs, it should, by motion, authorize the appropriate City officials to execute the amendment to the standard form of agreement between owner and architect, for services and compensation relating to the Shakopee Public Library. Mark McNeill City Administrator MM:th AMENDMENT TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT AGREEMENT Made as of the Fourth day of June in the year of Two Thousand Two. BETWEEN the Owner: and the ARCHITECT: For the following Project: City of Shakopee 129 Holmes Street Shakopee, MN 55379 -1328 Boarman Kroos Vogel Group, Inc. 222 North 2nd Street Minneapolis, MN 55401 New Shakopee Public Library Shakopee, MN To Amend the Owner- Architect Agreement dated: Original: January 12, 2001 Amendment #1: Revise the following paragraphs to establish a Lump Sum fee and define extended construction phase services: 1.1.2.5 Revise paragraph to read as follows: The time parameters are: Proposed occupancy by August, 2003. 1.5.1 Revise paragraph to read as follows: For the Architect's services as described under Article 1.4, compensation shall be computed as follows: .1 Lump Sum for site, building demolition and new building Design and Contract Administration Services in the amount of $395,000. .2 Nine percent (9 %) of the Cost of the Work for furniture and equipment included in the Architect's workscope, per original contract terms. 2.8.1 Revise subparagraph 2 as follows: .2 site visits as required by the Architect over the fourteen month duration of the Project during construction. 2.9.1.2 Revise paragraph to read as follows: The Architect's visits to the site during the construction phase shall be as required over the fourteen (14) month duration, including pre - installation meetings on critical components of the project. This site presence represents the extended construction phase services described in BKV Group's letter dated 5/16102 (attached). This Amendment entered into as of the day and year first written above. OWNER ARCHITECT City of Shakopee Bo Mark McNeill, City Administrator Date David R. Kroos, V' e President Dat Q: \PROJ \1536 -01 \6US \C0NAMEND #1- 060402.D0C Ol GJJ70G 1G i rlr v u I Imo - - --- 1, __ rb K V G R O U P Architecture lntorior Design Engineering Boorman Kroos Vogel May 16, 2002 Group fnc. 222 North Second Street Mark McNeill, City Administrator Minneapolis, MN 55401 City f Shakopee 129 Holmes Street South ry Telephone 612.339.3752 Fvcsimile: 612239.6212 Shakopee, Minnesota 55379 www.bkvgroup.com EOE Dear Mark th at ids have been a d afew regarding t exp construction t pphase services � re issues to resolve our expanded the are our current compensation for the project The day we received bids on the library, we were all delighted and relieved that the project low bid was almost 5900,000 under came in under budget. What is remarkable is that the today's construction t has budget, a c resulted in a tremendous competitive marketplace d extremely market shift to an This savings and value to the City of Shakopee. The dilemma the BKV Group faces under the current terms of our percentage agreement the time and effort we have already invested in the project is that a significant amount of will go uncompensated. It is our hope the City will view our work effort and fair resolution for both BKV compensation equitably and that we mutually move to a Group and the City of Shakopee. We therefore, propose that the architect's fee remain as budgeted and that we provide that amount. This the expanded construction phase services the City requires within RAI as our Construction Administrator and the Owner's proposal assigns Jon Representative in the.field, more than doubling his normal construction phase activities on work required by John 5ponsel, Project the project It would also include any additional Manager, or myself to resolve any construction or contractor issues that may arise. ]on Rall's high profile presence during construction will give the Owner aggressive adherence to schedule and representation and set the tone for quality construction, change orders. Jon will conduct manpower needs, and to minimize contractor related to monitor progress and will also schedule pre - installation weekly on site meetings meetings on critical components of the project. His efforts will serve to assure that the City is only paying for building is constructed according to the documents and that the work that is completed and approved. We are hopeful that the City views this proposal as fair and acceptable. We look forward and the City of to continuing on with the construction phase of this project providing high level of service through its successful completion. Shakopee with a CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Marls McNeill, City Administrator SUBJECT: Library Architectural Fees DATE: May 17, 2002 INTRODUCTION: The Council is asked to consider a proposal by BKV Architects for the Shakopee Library, to change the compensation for design and construction management from a percentage of project cost, to the equivalent of a "flat rate ". Last year, the City Council entered into a contract with BKV Architects for the design of the Shakopee Library. This was after a committee had reviewed qualifications, and interviewed a number of architectural firms. The Council accepted the recommendation to hire BKV, and to establish a compensation for design and basic construction management in the amount of 9% of the total construction cost of the Library building. It was later determined that BKV would also be the design architect for the police building; because of the two projects being done by the same firm, the City and BKV agreed to compensate in an amount of an 8% of total construction cost for the police building. On April 16 bids were opened for the Library. All of the bids received were far below the architect's estimate of $4.574 million. The low bid of Westra Construction, Inc., $3,470,000, reflected a very competitive bidding market, one that has not been seen in many years. While that is a true benefit to the City, it does leave BKV in a difficult situation. Their compensation had been based on a percentage of the contract amount, and had been anticipated (and budgeted by the City) to be $411,660 (9% of $4,574,000 architect's estimate). Instead, based on the low bid of Westra, total compensation would be nearly $100,000 less - $312,300. With the actual construction cost now known, BKV has billed nearly the entire amount to which it would be entitled under the contract, with construction not even started. BKV principal partner David Kroos sent the attached letter, dated May 16 In that, he expresses concern about the percentage reimbursement, and asks that the City Council consider a compromise. He asks that the architects fee remain as budgeted, recognizing the work that they have done. In exchange for that, BKV would assign Jon Rall as a Construction Manager and Owner's Representative in the field, which would more than double the normal construction phase activities on the project. Mr. Kroos also notes that the existing contract has had services above and beyond what had been originally anticipated in the scope of the project. For example, Project Manager John Sponsel spent more than 40 hours additional time reviewing bidder qualifications related to this project. In discussing this with Mr. Kroos, he indicates that the majority of the architectural industry has gone to a lump sum compensation, and the percentage base coming a thing of the past. The advantage of a lump sum is that it protects the architect (and the owner) from fluctuation on what the compensation is as a result of variations in the bid amount. It also removes any incentive for an architect to add expense to the project in order to increase compensation fees. Mr. Kroos emphasized that this has not been, nor never would be the case here. DISCUSSION: The City has a contract with BKV, and there is no obligation that the City has to accommodate the request. However, our recommendation would be to hire a construction administrator, which would need to be negotiated as an extra cost. How much of the approximately $100,000 at stake here is unknown. On the other hand, if the bid amounts came in significantly above the architects estimate, and the architect would realize a windfall, would the City be asking for lump sum reimbursement? It is likely that the City would look for ways to reduce the fees - if the project carne in significantly above budget, the City would pare the project scope, or simply not build the building, meaning that compensation owed to the architect would be at the amount called for in the contract, and based on the architect's estimate. I believe that BKV has merit in their request, and the Council should consider the proposal. I have briefly discussed this with Councilor Link, who concurs that it may be a fair way to address the architect compensation issue. A representative of BKV will be in attendance to answer questions. • • • . ,1 , If the Council concurs, it should by motion, direct a modification of the contract with BKV to reflect a lump sum proposal based on $411,660 total This would also include the additional services of Construction Administrator and Owners Representative in the field, plus any work on necessitating additional attention by the architect during construction of the Library project. 1,J kiiii Mark McNeill City Administrator !6. F 6. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Soil Correction Contract - Library DATE: June 27, 2002 I; V 1 1 The Council is asked to approve an agreement with Belair Excavating for soil correction at the Shakopee Library. BACKGROUND: At the last Council meeting, the Council approved a proposal of SWDI to remove a 550 - gallon underground storage tank, and contaminated soil that was beneath that tank. That proposal also included a cost to remove approximately 350 cubic yards of contaminated soil that had been uncovered with tr! library demolition. Subsequent to that time, Assistant to the City Administrator Tracy Coenen was able to obtain a quote from Belair Excavating for a reduced amount for the 350 yards resulting from beneath the building demolition. At $25.30 per yard, plus mobilization and stockpiling, the total cost for Belair to do that will amount to $12,515. A portion of that will be reflected in a reduced cost from SWDI. However, since uncovering the tank, heavy rains may have impacted the leaching of the contamination, so that there will be more soil from under the tank that must be removed by SWDI. Backfill of that excavation will be by the general contractor's excavator at the bid per unit price. That backfill will need to be handled as a change order, when the soil quantities to be filled are known. So that Belair could proceed with notifying the MPCA of the need to remove the soil, after consulting with individual members of Council, I did issue a notice to proceed on June 21, 2002. Council's approval of the proposal by Belair is requested at this time. I recommend that the City Council approve the proposal of Belair Excavating to remove the stockpiled, excavated soils currently on the Library site. This soil is that which had been removed as a part of the Library building demolition, and not directly beneath the underground storage tank. VW H s z 9 @ l If the Council concurs, it should, by motion, approve the proposal of Belair Excavating for disposal and transportation to a local landfill, of environmentally contaminated soils at the Shakopee Library site, that are not those directly related to removal of the underground storage tank. 1p&(�6 Mark McNeill City Administrator uu�i1 JUN -20 -2002 07:13 BELAIR EXCAUATING 6517eG0109 P.01/01 °ucaawu TO: Ms. Tracy Coenen 1)1•1ONE: 952 -496 -9673. DATE: June 20. 2002 City orshakopee PAGG: I of 1 FAX: 952 - 233 -3801 PROJECT: Shakop Dry Clemers ARGHlENG: na AD )ENDA: None P1..AN P�GL na Shakopee Dr vcleaneesAr)c: INCLUSIONS FOR WASTE DISPOSAL: Based on the available information provided by ReSpec, Belair Excavating will provide equipment, materials and labor for the scope of work with the associated fees listed below. 1. Mobilicltion ............. __ ........................ ................ .....,........................ ........ ........ .$1.650.00 Lump Sum 2. Soil Excavation Segregation & Stockpiling; ....... ... ... ............................ .........................X3.25 / CYD 3. Soil t.oading after Waste Profiling ............ ............................... ............ .....................$2,50 /C'YD 4. Soil Disposal Options— See Tablc Below. Care to the narure nf'the waste originating from rite site Belair Excavating has pricing estab fished for t e potential waste streams originarihe. f'om the site;. The cost fo r the potential wa:ere ,streams is descrihed heinu Description _ -� _ Measure Units Unit Cost_ Total Soil D isposal & Transe to a local Su btitle D Landfill Ton 84 $25.30 _ $21;:5 Soil - Haz ardous Waste Dispo exceeding local ex emption status` Ton 10 $ 00.00 $x,000.00 Debris - 1 lazardo Waste Disposal exceeding local exemption status _ Ton_ 3 $2,4 72.00 $7,416.00� Soil — Hazardous Was Disposal for ma exceeding I OX rule µ Ton 10 $1,264.0 0, $12,64O,UO Line Roll -oft Weekl Rental Rate Wk/box 1 _ $211.00 S 2 l . [ : ­­ t . utners must ontain ai IMAM= waute exemption from the MPCA. I- Ic conditions may he tied to the exemption letter, which may not allovlior elevated concentrations orcontaminatcd soli to be disposed in a local Subtitle D lundCll. 2. Soil disposal as hazardous waste in aSub(hle C: facility, The waste must nicer the l OX rules ofthe disposal facility, Furthermore, a ten -ion minimum Ch,11`11C is applied to till Shipment.:. 3. Debris disposal ss hazardous waste in a Subtitle C facility, The waste must meet the 1 OX rules of the dispos:d facility, rurthermore, a threaon minimum .charge is applied to all shipments. 4. Soil disposal as hazardous wasicin a Subtitle C facility ut concentrations up to 20.000ppm V( ;)(;c, The waste would cxa zcd the IOX rules ofthe alternative disposal titcilAy, furthermore, a tco-ton minimum elaLrge is applied to all shipments. �. All disposal fees includckwo weeks of box rentil. EXCLUSIONS: Damage or claims of damage to public or private utilities except those utilities corrcetly.marked by Stute Onv Cull Agency, Any utility work or carihwork far other trades, Correction orany soil encountered dcemcd unsuitable for proposed construction; soil borings, tests., and inspection, by a soil engineer: Waste characterization: handling and removal of debris: utility disconnex -ts; erosion control; frost ripping and frost protection: fill import: Locating private utilities or damage to private utilities: Traffic control. and winter conditions. QUALIFICATIONS: ® Paymcm for soil disposal will he based on the final truck weights from the landfill scale tickets. A conversion !:actor of 1A wi 11 be used for comparing cubic yards to tons. Non-ha7ardtius, waste disposal based on approval of the soil to be used as daily cover in a Minnesota licensed Subt.itle}U landfill. 1•- Im2rdous waste divposal is bid based on out. of state Subtitle -C landfill waste criteria. Should the Suspcctcd hazardous waste :oil exceed tits contaminant concentrations & Parameters provide to $elair for preparing this bid & The Waste Profile, the hazardous ywLcte; will be disposed at an alternate Hazardous Waste disposal facility, Prices included in this scope of work are valid liar a maximum of 30 days beyond the date of this bid. NOTCS: Work will commence on a mutually agreed upon Dim Firm Bid ® Preliminary Only ❑ Budget Price ❑ Call for ClarificationEl 13clair Excavating B)' � fry- �.... Printed Name: ( 6a id R. Srnan Its: Project Maneoer Dated: June 20, 2002 Notice to Proceed by By: __ Printed Nurnc: H A A t E t C, Dated: Central Office: 2200 Old I lighwy 8 NW, New Brighton, Minnesota 55112 - (651) 786.1300 - Fax (651) 786 -0769 Wcst Oflicc: 5401 East 48" Avenue, Denver, Colorado 80216 - (303) 394 -1300 - Fax f303) 394 -1301 TOTAL P.01 V-ov�o City of Shakopee Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Assistant to the City Administrator SUBJECT: Removal of Contaminated Soil MEETING DATE: July 2 2002 INTRODUCTION As an informational item, staff will contact council prior to the next meeting to receive consensus and a formal contract will be presented at the July 16 council meeting in order to facilitate work to remove 1040 tons of contaminated soil to the lowest bidder. The contract maybe awarded prior to formal council action. BACKGROUND During the week of June 24, it came to staff's attention that 1040 tons of contaminated soil needed to be removed from the library site. At present time, this soil has been removed from the site and is stock piled, covered and secured. The level of contamination will be unknown, until next week, since the city is waiting for the TCLP results (level of contaimmntation). Precise cost estimates cannot be done until staff receives the TCLP results from RESPEC (environmental testing firm). Staff is continuing to work quickly on this project, since Westra cannot begin construction until this soil is removed. Staff has researched other options such as stock piling the soil on an alternate site or receiving grant monies for cleanup; however, at present time these options are not viable. Staff will continue to investigate other options other than just disposal of the contaminated soil. BUDGET IMPACT Staff only has cost ranges of different removal scenarios, and the actual cost estimates will be presented upon receipt of that information. The prices could range up to $400,000. 1) If the soil has less than 50 ppm (nonhazardous) - $23.50 /ton for removal At this rate, the removal cost would be $45,000-$55, 000 r� CITY OF SHAKOPEE r Memorandum 4 TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: LOGIS Bylaws DATE: June 19, 2002 Introduction & Background The City Council is asked to approve Resolution No. S"V which amends the Bylaws for LOGIS. LOGIS is the management information systems provider through a joint powers agreement. All member cities need to authorize the amendment of the Bylaws. The amendment relates to the health care group under the LOGIS legal framework. Since Shakopee does not participate in the health care group, there is no impact on Shakopee. Action Move to offer RESOLUTION NO. A RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT, and move its adoption. Gregg Voxland Finance Director C: \gregg \memo\ May 22, 2002 Mr. Mark McNeill Chief Administrative Officer City of Shakopee 129 Holmes St S Shakopee MN 55379 Dear Mark: Enclosed is a proposed Amendment No. 2 to the LOGIS Joint Powers Agreement, together with a sample resolution authorizing the execution and delivery of the Amendment. (The sample resolution will have to be modified appropriately by each member). As stated in the sample Resolution, LOGIS has, since 1988, been administering a group health and medical insurance plan (Plan) for those members who have chosen to participate. LOGIS' legal counsel has advised the Board of Directors that the Agreement should be modified as proposed by the Amendment to clarify LOGIS' authority to conduct and administer the Plan. The amendment also provides that other types of group benefits may be included in the Plan. The resolution also ratifies the participation in the Plan by members of the Plan. It is necessary for all members, including those governmental units that have not participated in the Plan, to approve the Amendment. The Joint Powers Agreement can be amended only by a unanimous action of the members. Once you have adopted the Resolution, please mail a certified copy with the Amendment attached as Exhibit A to Yvonne Johnson, Stanton Group, 3405 Annapolis Lane N, Plymouth, MN 55447. We will file the copy on your behalf with the City Manager of Brooklyn Center as provided in the original Agreement. In addition, a new LOGIS Group Health and Life Insurance Policies and Procedures document has been included for your information. It has been revised to include early withdraw penalties should any member leave the group without giving proper notification. The Board will greatly appreciate your prompt attention to this matter. If you have any questions about the Amendment, the Resolution or the Polices and Procedures document, please feel free to contact either Ms. Yvonne Johnson, Stanton Group, or Mike Gams, LOGIS. i y � �s • an Dave Wertz Chair, LOGIS Health Care Committee By: Mike Gams Executive Director, LOGIS Enclosure DJK Draft 2/18/02 MFG Revised 3/27/02 Proposed New By Law F UIT" 6.15. Health Care Group members means those members who choose to provide group health, medical and personnel benefits to their officers and employees under the LOGIS Health Care Group Plan (Plan). A participating, coordinating associate, operations associate, or franchise associate member may become a Health Care Group member. Members of the Plan on May 1, 2002 will continue as members of the Plan without further action by the Executive Committee or the Board of Directors. Members not participating in the Plan on May 1, 2002 may become Health Care Group members by complying with the Health Care Group membership requirements. An eligible government unit wishing to become a Health Care Group member may do so by complying with the membership procedure set out in Section 6.2 and complying with the Plan membership requirements. Health Care Group members are subject to the withdrawal provisions of Article XII of the Joint and Cooperative Agreement. For purpose of Section 2 of Article XII the terms "budgeted revenues and the cost sharing charges" mean the liquidated damages as set forth in the LOGIS Group Health and Life Insurance Policies and Procedures. WK -210239A LG100 -16 A resolution relating to local government information systems; authorizing the execution and delivery of second amendment to the joint and cooperative agreement BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF (City) as follows: Section 1. Background; findings 1.01. The City is a party to the joint and cooperative agreement (Agreement) establishing an organization known as Local Government Information System ( LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3, 1993. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. 1.04. There has been presented to this Council a form of Amendment No. 2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. DJK 209993v1 LG100 -16 1 Sec. 2. Approval and Authorization: Ratification 2.01. The form of the Amendment is approved. 2.02. The City Clerk is authorized and directed to deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the City in participating in the Plan, are ratified and confirmed. Mayor ATTEST: City Clerk Dated: 5 2002. Filed in the Office of the City Manager of the City of Brooklyn Center, this day of , 2002. DJK 209993v1 LG100 -16 2 10.14 an 1111 SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1, 1972, As amended By Amendment No. 1, Adopted May 3,1993 Section 1. Article I, General Purpose, of the Joint and Cooperative Agreement, Local Government Information Systems, as amended, (Agreement) is amended to read as follows: I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for Q the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and (ii) group health life accident, and other insurance and personnel benefits for the officers and employees of the parties and the organization Sec. 2. The terms of this amendment are effective as of April 1, 2002. This amendment is effective on the date of its execution and delivery by all of the members of the organization in accordance with the Agreement. DJK- 209993v1 LG100 -16 A -1 ' VOTT AND PROCEDURES Effective August 1, 1992, Amended January 1, 1995, Updated April 12, 2001, and Further Amended May 9, 2002 I'•; 1 Eligibility Requirements To be eligible for participation in the insurance program, the legal entity must be one of the following: 1. A current member of the LOGIS Group Health and Life Insurance Program; 2. A current member of LOGIS; 3. A Minnesota city; or 4. A joint powers entity sponsored by a Minnesota city. The legal entity must also: 1. Not previously have been a participant in the LOGIS Group Health and Life Insurance Program; and 2. Indicate its commitment to the program by July 15 of the current year or whenever reasonably possible for members entering on other than the first day of a plan year. For the Plan Year beginning January 1, 1990: 1. All current members of the LOGIS Group Health and Life Insurance program will be eligible for participation in the Plan without restriction; and 2. Other current LOGIS members will be eligible to participate in the Group provided: a. They have not previously dropped membership in the Group; and b. They submit the necessary marketing information as requested by the Group or its designated representative. 3. All non - LOGIS members who are Minnesota cities will be eligible to participate if they comply with items 2.a. and b. above, as well as: a. They must become at least associate members of LOGIS. For subsequent Plan years, a LOGIS member who has not been a member of the Program or who has not previously dropped membership in the Program may participate in the Program's next Plan Year beginning January 1" of the following year, if: 1. They sign a Participation Resolution on or before August 1St of the preceding Plan Year or whenever reasonably possible; 2. They submit necessary marketing information as requested by the Program or its designated representative. N OTHER REQUIREMENTS A. Definitions for purpose of these Policies and Procedures 1. Benefit - earning employee is a full -time employee working an average of 30 scheduled hours or more per week based on the employer definition during the plan year. 2. Benefit - eligible employee is a part-time employee working at least an average of 20 scheduled hours but less than the defined number of hours eligible to be benefit - earning under the employer's definition during the plan year. 3. Retiree is any employee of a member of the Group who is entitled to coverage under Minnesota Statutes §471.61, subdivision 2a - 2b ( "chapter 488 ") or any retiree policy maintained by the Member. 4. Non benefit - eligible employee is a part-time employee working less than an average of 20 scheduled hours per week during the plan year. 5. COBRA eligibles are employees entitled to continue participation subsequent to the federal legislation commonly termed COBRA as in force and/or amended. COBRA continuation does not constitute retirement coverage. This term also includes individuals eligible for continuation under any provisions of Minnesota State Law if different than any federally applicable legislation. 6. Program means the health insurance or life insurance policies maintained by LOGIS for participating Members. 7. Member means any legal entity as indicated above who has elected to participate in this Program. B. The Member must honor the LOGIS Health and Life insurance policy regarding employee eligibility, which is as follows: 1. An employee of a Member is eligible for health and life insurance if he or she is a regular or probationary employee and works at least 20 hours per week. However, the Member participating in the group, at its own discretion, may establish a more strict definition of eligibility, but not a more lenient definition. Once the Member's definition of eligibility is established, it must be applied consistently within the Member's employee population. All employees meeting the Member's definition of eligibility must be allowed to participate. 2. Members employing two individuals married to each other may allow one of the partners to carry employee + spouse or family coverage. The other partner may then be carried as a dependent of that Individual. These married individuals may also carry coverage separately if desired. Upon retirement, an eligible public employee as defined in Minnesota Statutes § 471.6 1, subdivision 2a - 2b ( "chapter 488 ") and his/her covered dependents can participate in this Plan at the same premium rate as active employees until reaching age 65. The retiree must pay the entire premium unless otherwise provided for in a collective bargaining agreement or personnel policy. Retirees age 65 and over have the option of an HMO Medicare Supplement. C '. COBRA - eligible employees may be covered to the extent the corresponding active employee is eligible for coverage. COBRA continuees are treated the same as employees who are actively at work. Elected officials of any Member are not to be considered eligible for participation unless the elected official's coverage was in effect April 15, 1991 or prior. Coverage for these elected officials will terminate upon completion of the term of office. 6. Non - benefit eligible employees may not be covered. C. The Member must honor the LOGIS Health and Life Insurance policies regarding enrollment in the health insurance, which is as follows: 1. At a minimum, 100% of its benefit - earning employees who are not covered elsewhere through a spouse's employer sponsored group insurance must be enrolled in one of the single health insurance plans. All benefit earning employees must be enrolled in the group term life insurance plan. Members must pay at least 50% of the lowest single premium for benefit - eligible employees. This does not apply to early retirees eligible under Minnesota § Statutes 471.6 1, subdivision 2a - 2b ( "chapter 488 "). 2. The Member may opt, based on its bargaining agreements or personnel policy, not to provide coverage for benefit - eligible employees. 3. Each Member participating in the Group, at its own discretion, may establish a more liberal contribution policy, but not a more conservative policy. 4. Each Member must follow established contribution/participation rules regarding benefit - earning and benefit - eligible employees. 5. Each Member must treat benefit - earning married employees where both are employees of the same Member as they would any other benefit - earning employee. D. The Member may allow, at its discretion, benefit - earning employees to waive health coverage provided that the employee shows proof of group coverage elsewhere. E. If the Member allows its employees to waive health coverage, a maximum credit of $50 per month may be given to employees in lieu of coverage. F. The Member may not, for any reason, allow any of its non - benefit eligible employees to purchase health coverage regardless of who pays the premium. G. The Member must accept the LOGIS Health and Life Insurance Program's policy regarding the effective date of coverage for newly hired employees. The effective date of coverage can be no sooner than the first day of the calendar month coinciding with or next following one full month of employment and no longer than the first day of the month coinciding with or next following six months of continuous employment. Any such arrangement as to the waiting period of coverage must be consistently applied to all eligible employees of the member. A. Eligibility for participation in the following plan year's insurance program is based on the following procedures: 1. If the entity is a current Member of the LOGIS Health and Life Insurance Program: V ae-LIN Do I • a. It will automatically be included unless it notifies LOGIS of its intention to withdraw from the program prior to July of the current year or it is given leave for a late withdrawal, as provided below. b. It must submit insurance data as required. 2. If the entity is a current member of LOGIS, but is not a Member of the LOGIS Health and Life Insurance Program: a. It must notify LOGIS in writing that it wishes to participate in the Program. The notification must be received by LOGIS by July 15 ffi of the current year or as soon as is reasonably possible. b. It must submit marketing information as required by the group or its designated representative. c. Having satisfied all other conditions, entities with less than 50 employees will be automatically accepted, however, premiums will be based on 100% of their own claims experience for the first year, 50% the second year, and will not be 100% blended with the LOGIS pool until the third year. d. Entities with 50 or more employees may be declined based on claims experience. If allowed to participate, premiums may be rated based on the above - mentioned formula (c). 3. If neither a current member of LOGIS nor the LOGIS Health Care and Life Insurance Program: a. It must adopt a resolution authorizing execution of the standard LOGIS joint powers agreement. b. It must execute the joint powers agreement. c. It must submit the resolution, two copies of the joint powers agreement, and a cover letter to LOGIS. The cover letter should request admission to LOGIS as at least an Associate Member and state the intention to participate in the LOGIS Health Care and Life Insurance Program and commit to the Program at least through the following plan year. This material must be received by LOGIS by July 15 of the current year or whenever reasonably possible. d. It must submit marketing information as required by the group or its designated representative. 4. An entity that is a current Member of the LOGIS Health and Life Insurance Program may not withdraw from the program for the succeeding year unless (1) it provides notice of withdrawal prior to July of the current year or (2) the Member requests leave for a late withdrawal and LOGIS's Executive Committee grants the leave after concluding, based on objective evidence, that the Member's withdrawal financially benefit the other LOGIS members as a group. Any other withdrawal will be considered an "Unauthorized Withdrawal ", with the withdrawing Member being referred to as a "Defaulting Member ". a. A Defaulting Member will be obligated to pay to LOGIS the greater of (1) minim liquidated damages of $500 multiplied by each individual insured through the Defaulting Member under the LOGIS Health and Life Insurance Program as of June 30 prior to the Unauthorized Withdrawal or (2) adjusted liquidated damages, as described below, multiplied by each individual insured through the Defaulting Member under the LOGIS Health and Life 4 • ' • C 1 owl ' • 1 we 1 Insurance Program as of June 30 prior to the Unauthorized Withdrawal. An amount equal to minim liquidated damages are due and payable within thirty days of an Unauthorized Withdrawal. b. Adjusted liquidated damages shall be determined if there are any Unauthorized Withdrawals prior to the start of a plan year. In that event, after the start of that plan year LOGIS's health coverage contractor shall estimate the difference between what the continuing LOGIS members can be expected to pay for health coverage during the that year and the following year taking into account the Unauthorized Withdrawals and the facts as they exist on the first day of the plan year ( "Adjusted Cost "), and what such continuing members would have been expected to pay for such coverage in those years had the Unauthorized Withdrawals not occurred ( "Base Cost "). These shall be determined based on actual premiums imposed for the current year, the health coverage contractor's then current underwriting criteria, and facts concerning coverage and experience as known on the first day of such plan year. The determination will be binding on all parties absent clear mathematical error. If Adjusted Cost exceed Base Cost, the difference shall be divided by the number of individuals covered under the LOGIS health plan through the Defaulting Members as of June 30 preceding the beginning of the plan year. If the quotient exceeds $500, such quotient shall establish adjusted liquidated damages, and each Defaulting Member will be obligated to pay the adjusted liquidated damages (net of any amounts already paid) within 30 days of this determination. 5. For purposes of marketing the Group to Health Care Providers, the Program has authorized the following to act as its designated representative: Stanton Group 3405 Annapolis Lane North Plymouth, MN 55447 (763) 278 -4462 6. For purposes of marketing the Group Life Insurance, the Program has authorized the following to act as its designated representative: Larry Klopp & Assoc., Inc. 825 Nicollet Mall Suite 1045 Minneapolis, MN 55402 (612) 333 -5313 GP:821353 vl TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessment Abatement DATE: June 20, 2002 Introduction & Background Approval of the application for abatement of all special assessments needs Council approval in order to change the special assessment records. This property is owned by the State, which does not pay and is not required to pay assessments on right of way and therefore are not collectable. Other specials have been similarly abated. Total remaining balance being written off is $810.00. Action Move to abate special assessments on the following parcels: D�rncl 27- 909001 -0 Code 27096 Original Assessment $2,025.00 Gregg Cland Finance Director C: \gregg \memo \abate9 00170 ®I /6.F CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Economic Development Authority Mark McNeill, City Administrator / EDA Executive Director FROM: Paul Snook, Economic Development Coordinator SUBJECT: City Council Resolution No. 5752, and Economic Development Authority Resolution No. 2002 - 2, adopting Economic Development Revolving Loan Fund Guidelines MEETING DATE: July 2, 2002 Introduction & Background As you recall the City of Shakopee has submitted an application to the Minnesota Department of Trade & Economic Development (DIED) for a Minnesota Investment Fund (MIF) loan to assist CertainTeed Corporation in the expansion of its Shakopee facility on East Fourth Avenue. The application is now complete and DIED has made a preliminary award of the $440,000 loan for the CertainTeed project. DTED is in the process of drafting the grant Agreement between the State and City. The agreement spells out the terms and conditions of the MIF financing. The MIF program allows the local government applicant / sponsor to retain a portion of the loan to establish a local economic development revolving loan fund, also known as "RLF ". In this project that amount is $100,000. CertainTeed will payback to the City $100,000 so the City may establish the economic development revolving loan fund. The remaining $340,000 will be forgiven if the company meets the job creation conditions of the loan agreement (44 new jobs and corresponding wages and benefits as specified in the MIF application). For the City to be able to use the $100,000 to establish an economic development RLF, DTED requires that the City establish guidelines for the proposed loan fund. What is an Economic Development Revolving Loan Fund? The establishment of a RLF within a community is one of several tools available to encourage business development. A RLF is a source of money from which loans are made for small business development projects. The fund is capitalized with dollars which generally do not need to be repaid (in this case, $100,000 of the Minnesota Investment Fund for the CertainTeed expansion). A loan is made to a business and as repayments are made, funds become available for new loans to other businesses. rlf nemo 1. doc What is the Purpose of an RLF? RLF's are established to provide a source of financing, which may not otherwise be available within the community, for local, expanding, or start-up businesses. Often, they are used to fill a "financing gap" in a business development project. A gap occurs when the business lacks the funds to meet the equity requirements of bank financing or needs a lower interest rate. A Revolving Loan Fund within a community enhances the "tool chest" of the local economic development organization. Fixed rate, low interest, and/or long- term financing is important to a business wanting to locate or expand within the area. Although the RLF is not the primary source of financing for a project, the combination of public and private financing lessens the risk for the primary lender (by decreasing their exposure) and yields an overall lower cost of money for the borrower. Most government financing programs require that' obs be created in direct proportion to the amount of public dollars loaned in a project. A Revolving Loan Fund may provide incentives for job creation to businesses locating or expanding in the community. In addition, the existence of an RLF promotes goodwill for the local community. Businesses are encouraged by programs which support retention and expansion, utilizing flexible, locally controlled funds. This demonstrates a pro- business attitude, which is critical when developing partnerships between the public and private sectors. The proposed RLF guidelines were derived from a variety of guidelines from other community economic development organizations (State of Ohio; Lake City, MN; Moorhead, MN; Baltimore County, MD; SW Colorado; Columbia County, WI). The proposed guidelines focus on the basic sector of the local economy; manufacturing, assembling, or processing operations, including new technology -based businesses, that are primarily dependent upon external markets, exporting their products. Basic sector activity is the true generator of economic enhancement in a community. Non -basic sector businesses which depend largely upon local markets, and whose products are consumed locally are not eligible. DIED has reviewed the proposed guidelines and finds them acceptable for establishing and guiding the revolving loan fund that will be derived from CertainTeed's Minnesota Investment Fund loan. Attached are the proposed Economic Development Revolving Loan Fund Guidelines, and corresponding resolutions for adoption. Action Requested City Council Offer Resolution No. 5752, a Resolution of the City Council of the City of Shakopee adopting Economic Development Revolving Loan Fund Guidelines, and move its adoption. Economic Development Authority Offer Resolution No. 2002 — 2, a resolution of the Economic Development Authority of the City of Shakopee adopting Economic Development Revolving Loan Fund Guidelines, and move its adoption. rNmemo l .doc RESOLUTION NO. 5752 A RESOLUTION OF THE CITY OF SHAKOPEE ADOPTING ECONOMIC DEVELOPMENT REVOLVING LOAN FUND GUIDELINES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: WHEREAS, the City of Shakopee has submitted a Part II Application to the Minnesota Department of Trade & Economic Development for a Minnesota Investment Fund loan to assist in the expansion of CertainTeed Corporation's Shakopee facility; and WHEREAS, the Minnesota Department of Trade & Economic Development has awarded a Minnesota Investment Fund loan for the CertainTeed Corporation expansion in the amount of $440,000; and WHEREAS, the Minnesota Investment Fund program has a provision that allows the local government applicant sponsor to retain a portion of the loan to establish a local economic development revolving loan fund; and WHEREAS, as a condition of providing the Minnesota Investment Fund loan to CertainTeed Corporation for its expansion, the Minnesota Department of Trade & Economic Development has required that the first $100,000 of the loan to CertainTeed be paid back to the City of Shakopee for the purpose of the City establishing an economic development revolving loan fund; and WHEREAS, in order for the City to establish an economic development revolving loan fund from proceeds of the Minnesota Investment Fund Loan to CertainTeed Corporation, the Minnesota Department of Trade & Economic Development requires that the City establish guidelines for the economic development revolving loan fund; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby adopts the attached Economic Development Revolving Loan Fund Guidelines dated July 2, 2002. Adopted in session of the city Council of the City of Shakopee, Minnesota, held of _ , 2002. Mayor ATTEST: Ci Clerk City of Shakopee Shakopee Economic Development Authority GUIDELINES The purpose of the Shakopee Economic Development Revolving Loan Fund ( EDRLF) is to provide a financing mechanism to qualified businesses to enable them to expand the primary economic base and employment opportunities in Shakopee. The EDRLF is designed to encourage business expansions and start-ups and related job creation and retention in Shakopee. ELIGIBLE APPLICANTS Eligible applicants are for -profit businesses and entrepreneurs in the basic sector of the local economy engaged in manufacturing assembling, or processing operations, including new technology -based businesses, that are primarily dependent upon external markets, exporting their products. The EDRLF makes loans for expansion of existing businesses and start-ups in Shakopee The applicant should demonstrate that there will be creation of new jobs or retention of existing jobs; increase in the tax base; that investment of public dollars induces private funds; and that a financing gap exists ... a void between the cost of the project and the total amount of funds that the business has available from other sources, such as owner's cash and bank loans. Non -basic sector businesses which depend largely upon local markets, and whose products are consumed locally are NOT eligible. Local services (i.e. drycleaners, restaurants, drug stores, retail etc.) are non - basic, depending almost entirely on local market factors. ELIGIBLE USES OF FUNDS - Land & Building Acquisition - Site Improvements - Construction or rehabilitation of manufacturing facilities - Machinery and Equipment - Workforce development / training RLFGuidelines2.doc INELIGIBLE USES OF FUNDS - Debt Refinancing - Working Capital - Equipment Relocation - Operation or expansion of a casino - Projects related to a sports facility - Maximum loan amount shall not exceed $20,000. - Minimum loan amount is $5,000. - RLF Loan shall not exceed 50% of the total project costs; the other 50% of funding must be secured from other sources such as equity, bank financing, etc. ® Real Estate --Not to exceed 10 years • Equipment -- 3 to 5 years, depending on type of equipment On. loans with mixed purposes, the term will be a weighted average based on uses. In no case shall the rate be less than four percent or greater than two percent above the Wall Street Journal prime rate at time of closing. JOB CREATION AND /OR RETENTION Job creation and/or retention must also be included as part of the project. One full time equivalent job must be created or retained for approximately each $10,000 of RLF assistance. �. y Businesses receiving a revolving loan fund must pay each employee total compensation, Including benefits not mandated by law, that on an annualized basis is equal to at least 110% of the federal poverty level for a family of four, which as of July 1, 2001 is $9.33 per hour. The federal poverty level changes annually. COLLATERAL REQUIREMENTS Collateral - Reasonable security will be required. This will entail liens on all assets purchased with RLF funds as well as liens on other assets as necessary. Personal RLFGuidelines2.doc guarantees of the principal owners /stockholders (that own in excess of 20 percent of the firm) will be required. Collateral Subordination - The RLF is willing to take a subordinate position to private bank financing. There shall be documentation of commitments from all private and /or public lenders making loans to the project. Documentation shall include loan conditions and terms (amount, interest rate, tenn and security required). OMMM� Loan application fee of $100 will be due and payable upon the submission of the loan application to the Revolving Loan Fund. The application fee is charged to defer the costs associated with credit review and is non - refundable. RLFGuidelines2.doc CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: SPUC Water Tour DATE: June 27, 2002 ► ' 1; �' The Council is asked to establish a time(s) in which to meet in a workshop, and tour SPUC water facilities. I:: : � ►117 Shortly after he took office, Councilor Matt Lehman has asked to tour the SPUC water facilities. This would be such things as well houses, pumping stations, elevated tanks, and the like. I proposed this to Utilities Director Lou VanHout. He thought that that was a good idea, and suggested that we offer it to all Councilmembers and SPUC Commissioners. He estimated that the tour would take an hour to an hour and 15 minutes. If more than two members of the Council choose to go, it would be an official meeting. For that reason, we should identify a time, and post that, so there is no violation of the open meetings law. Attached is a calendar showing July and August. Mr. VanHout has suggested some time during the week of July 8 It is suggested that the tour take place late afternoon, so as to maximize the availability of both City Councilmembers and SPUC Commissioners to attend. The Council should, by motion, designate a date that would work for them for interested members to tour SPUC water facilities. Y1 c L�L� Mark McNeill City Administrator CC: Lou VanHout SPUC APR -18 -2002 10:34 SHAKOPEE PUBLIC UTILITIES 9524457767 P.01 • M� Mark McNeill Lou Van Hout Council (and Staff) Tour of Water Facilities 4/18/2002 I was encouraged to hear Mr. Lehman's interest in a tour of water facilities. To get a representative tour, we have prepared an tentative "agenda" of the facilities we would suggest, and the estimated time for each. Given Mr. Lehman's or other Councilor's schedule, we can schedule such a tour at their convenience - either within or outside of regular work hours is no problem, we are happy to have such a tour. And thanks for your interest too, I look forward to the tour_ APR -18 -2002 10 :34� SHAKOPEE PUBLIC UTILITIES SHAKOPEE P LIC UTILITIES W ATER DEPARTMENT VISIT NEW CONSTRUCTION FACILITY — 15 minutes PUNPHOUSE 12 — 2065 DOMINION AVENUE WELLS 12 AND 13 TOWER 4 � wall 5,11ellso M SCADA SYST lDE ONS TION —15 minutes COMPUTER CONTROL ROOM — 1030 EAST FOURTH AVENUE 9524457767 P.02 TOTAL P.02 N E, C S . 0 M , N N N N VI MOI�V'� .titiNl1 IL NO��NM C V) N ~ ~co . N NN (O O V) Y 3 n ti N N � Y1N 011D ""rIN Lfi N .-Iti N ,q IL UI.N- v�+N O F- 07 !f1 1-4 N C O O rINN ' tn VI { In ^.�iNN LA C � E 0 C U V U m m 7 ® C C n- ® CL O O O ® O p O 00 I� C O a=+ U i C ? (p C O N O O 'O E .+' m c E ° E U E E ° o ° o N 01 � N 0 M O C C O C C -Ne O f0 f6 d C � � U +� U O V C U O C F m C 'C O O 7 ° U_ o _ tlf U E Q) U a U U E U o U ce U U w U U E 0 0 C o CL Cl O O M O O n Ln ti O ,ti N N N O m C � UN O C (6 O d Ln N d m ® E o C O O O O O O rn Ln L1 I N E, C S . 0 v 2 �c H ri r r v .yNN LL �O�ON C LO LO i N V) v F Monty � n i N M N M ° 4 M T fu L L LL tL NO��MO N M F ryN N O 3 J 4 F loHNN ,-i 0�. N N V) p rl N C O f '" "° o a M 0 C. V) V)) 'E @ O U O U a�i u u H '.. a m U m U D. o fl 0 0 ° o ° o 0 0 Ln N &; N N � (6 T — V C N 0 C E C Q) = V ° E V w 0 CL a ° o CD 0 ° N m C a O 0 m . {/ C {�� u 01 ', Y C C C C u T E C � N 0 U u m U H U LU CL CL CL O O ° ; ^ Ln Ln N N T� C !O B O 0) 0) C u U5 C T 0 N U : m U he E a � a Ln a CL CL ° ° o o ° U, Ln v 2 �c H 1� -F, CITY OF SHAKOPEE Memnrandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Affordable Housing Discussion DATE: June 28, 2002 The Council is asked to discuss a format to involve builders and developers in discussing issues relating to affordable housing. .tl�l.ZG 0161, � One of the eleven short-term goals approved by the City Council at the last meeting was that the City should do what it can to promote affordable housing. During the goal setting meeting, Councilor Link suggested that it would be beneficial to invite builders and developers in to discuss with the Council ideas that they have, which could reduce the cost of housing. Over the past four weeks, the Community Development Department has held open houses for community members to discuss and provide input on comprehensive plan changes. Now that these open houses have been held, Michael Leek indicates that analysis will be done, and that later this summer, another series of open houses to discuss potential changes to the comprehensive plan will be held. Builders and developers will be invited to specific ones of those. He suggests that one of those open houses might be an opportune time to also conduct a workshop by the City Council to allow for builder /developer input on their ideas to promote affordable housing. While a date has not yet been established for these "follow -up" community meetings, it would be appropriate for the City Council to indicate whether this is an acceptable format, or as an alternate, whether a separate workshop meeting should be held which would be devoted entirely to affordable housing. A third alternative would be to schedule a discussion of affordable housing at a regular Council meeting. i,y i f ; .,.. 1 I recommend that the Council schedule a workshop to discuss affordable housing issues with local builders /developers, in conjunction with the "follow -up" community meetings on prospective comprehensive plan modifications. Exe Y'[17►i7KS"11 4- 1113 If the Council concurs, it should, by motion, direct staff to schedule a workshop meeting to discuss affordable housing issues in conjunction with a follow -up community meeting on comprehensive plan changes. If approved, Council will be advised of possible dates to be determined at a future meeting. P 4 Mark McNeill City Administrator MM:th .ir /, Z . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: FY 03 Budget Preparation DATE: June 27, 2002 The Council is asked to consider an alternative to the direction that was provided staff relating to preparation of an alternative budget. At the June 18 City Council meeting, as part of the discussion of budget preparation instructions for FY 03, staff received direction from Council that two budgets should be prepared — one showing a budget that would "hold the line" against tax increases, but a second alternative budget, should the legislature choose to balance the State's budget shortfall on backs of local governments in FY 03. Among other things, staff received the following restrictions for preparation of the FY 03 budget: BASE BUDGET -The Base Budget will consist of funding for positions which are currently filled, or have been approved by the City Council (relative to the hiring freeze discussions) as of July 3, 2002. It is recognized that with the current growth being experienced by the City, not adding staff in certain areas will result in reduced levels of service. IMPROVEMENT PACKAGE -Each added position or promotion in the Base Budget must be identified and described on a stand alone form. The cost of the additional staff /promotion should be detailed by line item and the total cost for the position listed. This includes uniforms, out of pocket training, supplies etc. besides the wages and fringes. There should also be a description as to the on City service levels that will result from funding this package. DISCUSSI ®N: I fully understand the Council's desire to have preparations for reductions at hand. However, at this time, we don't know for certain that those reductions will take place, and, if so, how much reductions might be. So as to provide Council with an idea as to the amount of State aids at risk, in 2002 the City expects to receive the following: Local Government Aid - $165,600 PERA $ 12,000 Police State Aid $105,000 Market Value Credit $544,700* Total $827,300 *It is not as likely that the State will reduce or eliminate Market Value Credit, but according to the AMM, because some cities receive no LGA, MVC may be the only way that those cities will be able to "contribute" to the State shortfall. For a budget that relies upon property taxes totaling about $6.4 million of the total $10.8 million, that is a significant percentage. However, I am concerned that establishment of this "alternate" budget by the full Council may prove to be a divisive and difficult exercise at this tune. Quite frankly, to make cuts of from $500,000 to $800,000, positions will need to be eliminated, and important programs may need to be cut. Having had experience with this type of reduction budgeting before, I know that its effect can be to reduce morale, and cause employees who may be identified as possible reductions in the future, to perhaps start looking for other jobs. However, it is good to be prepared. What I suggest to Council is that we have a committee made up of Councilor Sweeney, the Finance Director, and myself, and possibly one other Councilmember to separately review the budget, so that if mid -year FY 03 reductions are needed, that those potential reductions can be brought forward, and discussion and acted upon by the Council when it is necessary and appropriate to do so. I recommend that the Council direct staff to prepare a base budget based upon no additional personnel positions, but with the option of adding as stand -alone "improvement" levels of service. In addition, it should direct a committee made up of Councilor Sweeney, the Finance Director, City Administrator, and one other Councilmember, receive and research alternatives in the case of State aid reductions in FY 03. l y If the Council concurs, it should direct that staff prepare a base budget as describe, and further appoint a committee to review alternatives in the event of significant State Aid cuts in FY 03. U-- c,—Q-kl LUIWI Mark McNeill City Administrator MM:th CC: Gregg Voxland N CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Marls McNeill, City Administrator SUBJECT: Closed Session — Labor Negotiations DATE: June 28, 2002 Following the regular portion of the City Council meeting of July 2 the Council will be asked to go into closed session for the purpose of discussing labor negotiations with the Police union. ? R l rll Mark McNeill City Administrator MM:th